The agreement excludes Fitbit's liability for incidental, special, exemplary, and consequential damages, including loss of data, and caps total liability at the greater of amounts paid by the user or $100. The document notes that some jurisdictions do not permit these exclusions.
This analysis describes what Fitbit's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
This provision establishes a $100 maximum liability cap for users who have not made payments to Fitbit, covering all claims arising from use of the Fitbit Service regardless of legal theory. The exclusion of liability for loss of data is operationally significant given that Fitbit devices and services collect and store health and fitness data.
Interpretive note: Enforceability of the $100 damages cap and consequential damages exclusion varies by jurisdiction; the document acknowledges this variability but does not specify which provisions apply in which jurisdictions.
Under this clause, the maximum recoverable amount from Fitbit for any claim is limited to the amounts paid to Fitbit or $100, whichever is greater. Consequential damages including loss of data, service interruption, and loss of goodwill are excluded from recovery under the agreement, subject to applicable jurisdictional law.
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Compare across platforms →"NEITHER FITBIT, ITS SUPPLIERS, OR LICENSORS, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE FITBIT SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE, OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE FITBIT SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FITBIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IN NO EVENT WILL FITBIT'S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE FITBIT SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO FITBIT FOR USE OF THE FITBIT SERVICE OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO FITBIT, AS APPLICABLE.Excerpt from Fitbit's Terms of Service
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This provision establishes a $100 maximum liability cap for users who have not made payments to Fitbit, covering all claims arising from use of the Fitbit Service regardless of legal theory. The exclusion of liability for loss of data is operationally significant given that Fitbit devices and services collect and store health and fitness data.
Under this clause, the maximum recoverable amount from Fitbit for any claim is limited to the amounts paid to Fitbit or $100, whichever is greater. Consequential damages including loss of data, service interruption, and loss of goodwill are excluded from recovery under the agreement, subject to applicable jurisdictional law.
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