“IN NO EVENT WILL FITBIT'S TOTAL LIABILITY...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...”
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 cap limits the maximum financial recovery a user can obtain from Fitbit regardless of the nature or severity of harm, which may be far less than actual damages suffered.
Interpretive note: The excerpt contains an ellipsis ('...') indicating omitted text that may further define the scope of the liability cap. Only the quoted language is addressed.
No matter what harm you suffer, you can recover from Fitbit only up to the total amount you paid for the Fitbit Service, or $100 if you made no payments to Fitbit.
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"IN NO EVENT WILL FITBIT'S TOTAL LIABILITY...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...Excerpt from Fitbit's Terms of Service
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This cap limits the maximum financial recovery a user can obtain from Fitbit regardless of the nature or severity of harm, which may be far less than actual damages suffered.
No matter what harm you suffer, you can recover from Fitbit only up to the total amount you paid for the Fitbit Service, or $100 if you made no payments to Fitbit.
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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