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
The clause narrows the categories of damages recoverable against Fitbit in disputes, limiting exposure to direct damages only and excluding entire classes of losses (consequential, punitive, and intangible losses) regardless of the underlying cause of loss.
Under this provision, users seeking recovery for service failures or data incidents may recover only direct damages, not consequential damages, lost profits, lost data value, or reputational harm. The terms apply as written upon continued use of the service.
How other platforms handle this
In no event will either party's aggregate liability arising out of or related to this Agreement exceed the total fees paid or payable by Customer in the twelve (12) months preceding the claim. In no event will either party be liable for any indirect, incidental, special, consequential, or punitive d...
IN NO EVENT WILL DEEPSEEK OR ITS AFFILIATES BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRODUCTS LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF DEEPSEEK OR ITS AFFILIATES HAVE ...
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PERPLEXITY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS O...
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"To the maximum extent permitted by applicable law, Fitbit shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the services; (b) any conduct or content of any third party on the services; (c) any content obtained from the services; and (d) unauthorized access, use or alteration of your transmissions or content.— Excerpt from Fitbit's Fitbit Terms of Service
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The clause narrows the categories of damages recoverable against Fitbit in disputes, limiting exposure to direct damages only and excluding entire classes of losses (consequential, punitive, and intangible losses) regardless of the underlying cause of loss.
Under this provision, users seeking recovery for service failures or data incidents may recover only direct damages, not consequential damages, lost profits, lost data value, or reputational harm. The terms apply as written upon continued use of the service.
ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.
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