“NEITHER FITBIT...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...”
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 exclusion removes user recourse for some of the most common and significant harms that can arise from service failures, data loss, or interruptions.
Interpretive note: The excerpt is truncated. The phrase 'NEITHER FITBIT...' implies additional covered parties. Any conditions or carve-outs to the exclusion are not visible in the quoted text and are therefore not addressed.
Users cannot recover from Fitbit for incidental, special, exemplary, or consequential damages—including lost profits, lost data, lost goodwill, service interruption, computer damage, or system failure.
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"NEITHER FITBIT...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...Excerpt from Fitbit's Terms of Service
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This exclusion removes user recourse for some of the most common and significant harms that can arise from service failures, data loss, or interruptions.
Users cannot recover from Fitbit for incidental, special, exemplary, or consequential damages—including lost profits, lost data, lost goodwill, service interruption, computer damage, or system failure.
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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