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.
How other platforms handle this
If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ActiveCampaign for certain costs and damages.
A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...
The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.
Monitoring
Fitbit has changed this document before.
Receive same-day alerts, structured change summaries, and monitoring for up to 25 platforms.
"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 Fitbit Terms of Service
Compliance Governance Intelligence
Need to monitor specific governance provisions?
Compliance includes provision-level monitoring, governance timelines, regulatory mapping, and audit-ready analysis.
Built from archived source documents, structured governance mappings, and historical version tracking.
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 289 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Fitbit.