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.
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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 266 platforms. See the full comparison.
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