“in no event will either Party or their respective representatives and suppliers...be liable to the other Party...for any indirect, incidental, consequential, special, exemplary, or punitive damages regardless of whether such Party knew or should have known...”
This analysis describes what Marqeta'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 exclusion eliminates recovery for the categories of harm that most commonly arise from service failures—such as lost profits or downstream losses—regardless of Marqeta's foresight.
Interpretive note: The clause is mutual; the canonical claim states Marqeta's exclusion as primary. The reciprocal exclusion binding Customer, and the extension to representatives and suppliers, are recorded in omitted_material.
The reader cannot recover indirect, incidental, consequential, special, exemplary, or punitive damages from Marqeta, even where Marqeta was aware of the risk of such damages.
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"in no event will either Party or their respective representatives and suppliers...be liable to the other Party...for any indirect, incidental, consequential, special, exemplary, or punitive damages regardless of whether such Party knew or should have known...Excerpt from Marqeta's Terms of Use
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The exclusion eliminates recovery for the categories of harm that most commonly arise from service failures—such as lost profits or downstream losses—regardless of Marqeta's foresight.
The reader cannot recover indirect, incidental, consequential, special, exemplary, or punitive damages from Marqeta, even where Marqeta was aware of the risk of such damages.
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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