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Medium limits its total liability for any claim to the greater of $50.00 USD or the amount the user has paid to use the Services, with exceptions for liability that cannot be limited by law such as gross negligence, fraud, or intentional misconduct.
This analysis describes what Medium'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 caps Medium's financial exposure for user claims at $50 or the amount paid by the user, whichever is greater, which for free-tier users would result in a $50 maximum. The provision carves out liability for gross negligence, fraud, and intentional misconduct, and acknowledges that some jurisdictions do not permit such limitations.
The updated terms establish that Medium may stop providing the Services or any of its features within its sole discretion. The prior language focused on subscription account sign-up mechanics; the new provision creates an explicit contractual reservation allowing Medium to discontinue platform features or the entire service without conditions tied to a specific event or timeline. The terms do not specify advance notice requirements, transition periods, or user remedies if the service is discontinued.
View change record →The updated terms expand a data collection warranty to apply to all personal information users provide to Medium, not limited to newsletter editor submissions. Users now represent and warrant that any personal information they submit has been lawfully collected and that all required notices and consents were obtained before collection. This means the warranty applies whether data is provided through newsletters, account profiles, submissions, or other Medium features. If a user provides personal information collected without proper notice or consent, they may be in breach of this representation.
View change record →Under this clause, the maximum financial recovery available from Medium for most claims is $50 USD or the amount paid to use the Services, whichever is greater, for users who have not opted out of arbitration and proceed to a formal claim. The agreement acknowledges that this limitation may not apply in all countries.
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"Other than for the types of liability we can't limit by law (as described in this section), we limit the total liability of Medium and the other Medium Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, to the greater of $50.00 USD or the amount paid by you to use our Services.Excerpt from Medium's Terms of Service
1) REGULATORY LANDSCAPE: Liability limitations in consumer contracts are subject to enforceability analysis under applicable state and national consumer protection law. The agreement expressly acknowledges that some jurisdictions do not permit such exclusions. EU consumer protection directives generally prohibit clauses that inappropriately limit remedies available to consumers for supplier breaches. GDPR Article 82 provides data subjects with a right to compensation for material and non-material damage that cannot be contractually waived. 2) GOVERNANCE EXPOSURE: Medium. A $50 liability cap applies to the majority of free users whose total payments to Medium are zero, effectively capping recovery at $50 for any service failure, content loss, or data incident not attributed to gross negligence, fraud, or intentional misconduct. This cap applies regardless of the form of action. 3) JURISDICTION FLAGS: EU and UK courts have found similar liability caps unenforceable in consumer contracts where they conflict with mandatory consumer protection statutes. California consumer protection law may limit the enforceability of liability caps for certain categories of claim. The agreement's geographic carve-out for jurisdictions where such exclusions are not permitted provides a partial acknowledgment of this variability. 4) CONTRACT AND VENDOR IMPLICATIONS: For enterprise or institutional users who have paid subscriptions, the cap is set at the amount paid, which may be more meaningful than $50 but remains significantly below potential operational losses from service disruption or data incidents. Procurement teams should assess whether this cap is acceptable relative to the value of data or operational workflows dependent on Medium. 5) COMPLIANCE CONSIDERATIONS: Legal teams should assess the enforceability of the $50 liability cap in applicable jurisdictions, particularly where users have suffered data loss or privacy violations. The carve-out for gross negligence, fraud, and intentional misconduct provides a pathway for claims in the most serious cases but requires establishing the applicable standard of conduct.
This provision caps Medium's financial exposure for user claims at $50 or the amount paid by the user, whichever is greater, which for free-tier users would result in a $50 maximum. The provision carves out liability for gross negligence, fraud, and intentional misconduct, and acknowledges that some jurisdictions do not permit such limitations.
Under this clause, the maximum financial recovery available from Medium for most claims is $50 USD or the amount paid to use the Services, whichever is greater, for users who have not opted out of arbitration and proceed to a formal claim. The agreement acknowledges that this limitation may not apply in all countries.
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