The agreement caps each party's total liability to the other at the net revenue Marqeta earned under the agreement in the 12 months preceding the triggering event, with enumerated exceptions including indemnification obligations, confidentiality breaches, and Customer misuse of PII or KYC data. All breach claims must be brought within one year of discovery of the breach.
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
This provision establishes a contractual liability ceiling tied to Marqeta's revenue rather than Customer's potential losses, and imposes a one-year contractual limitations period on all breach claims regardless of form. For customers operating large-scale card programs, the net revenue cap may be substantially lower than the financial exposure created by a service failure or data breach.
Interpretive note: The enforceability of the one-year contractual limitations period may vary by jurisdiction and claim type, particularly for statutory claims under California law or federal financial regulation.
Under this clause, Customer's maximum recoverable damages from Marqeta for any non-excluded claim are capped at Marqeta's net revenue from the prior 12 months, which may not reflect the scale of Customer's card program or losses. The agreement requires all breach claims to be initiated within one year of discovery, regardless of applicable statutory limitations periods.
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Compare across platforms →"Except for an Excluded Claim, or a Party's payment or funding obligations under the Agreement, a Party's total cumulative liability to the other Party will not exceed the Net Revenue earned by Marqeta under the Agreement during the twelve (12) months immediately preceding the date on which the issue giving rise to a Party's liability under the Agreement occurred. "Net Revenue" means interchange fees, net of any revenue share, plus other services revenue set forth in the Order Form. ... No action, regardless of form, arising out of any claimed breach of the Agreement or the Services may be brought by either Party more than one (1) year after discovery of the breach.Excerpt from Marqeta's Terms of Use
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This provision establishes a contractual liability ceiling tied to Marqeta's revenue rather than Customer's potential losses, and imposes a one-year contractual limitations period on all breach claims regardless of form. For customers operating large-scale card programs, the net revenue cap may be substantially lower than the financial exposure created by a service failure or data breach.
Under this clause, Customer's maximum recoverable damages from Marqeta for any non-excluded claim are capped at Marqeta's net revenue from the prior 12 months, which may not reflect the scale of Customer's card program or losses. The agreement requires all breach claims to be initiated within one year of discovery, regardless of applicable statutory limitations periods.
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