Even if something goes seriously wrong, Medium limits its legal liability and will not pay for lost profits, lost data, or other indirect losses you suffer as a result of using or being unable to use the platform.
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 clause means that if you lose income, data, or business opportunities because of a Medium platform failure or security breach, your ability to recover damages from Medium is substantially limited.
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 →The provision was upgraded to all-caps formatting for emphasis, expanded with specific enumerated scenarios (A, B, C) covering service access, third-party conduct, and unauthorized access, and removed the $100 minimum liability cap.
View full change record →Writers and publishers who depend on Medium for income or audience reach have limited legal recourse for financial losses caused by platform outages, data loss, or unauthorized access to their content under this clause.
How other platforms handle this
To the maximum extent permitted by applicable law, Kit shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting ...
To the maximum extent permitted by applicable law, Pinterest shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, res...
You will remain responsible for any amounts you fail to pay in connection with your subscription, including collection costs, bank overdraft fees, collection agency fees, reasonable attorneys' fees, and arbitration or court costs.
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"TO THE MAXIMUM EXTENT PERMITTED BY LAW, MEDIUM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; OR (C) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT.— Excerpt from Medium's Medium Terms of Service
(1) REGULATORY LANDSCAPE: Liability limitation clauses in consumer contracts are subject to reasonableness review under the FTC Act and various state consumer protection statutes. In the EU, liability limitations that leave consumers without adequate remedy for damages caused by the service provider may conflict with consumer protection directives. Limitations on liability for data breaches may engage state data breach notification and liability statutes, including California's data breach law. (2) GOVERNANCE EXPOSURE: Medium. The exclusion of data loss liability is particularly significant for professional users and publishers who store unpublished drafts or rely on Medium as a primary content repository. The exclusion of unauthorized access liability could limit recourse in a data breach scenario, though applicable law may impose independent obligations that override contractual limitations. (3) JURISDICTION FLAGS: California, Illinois, and New York have consumer protection frameworks that may limit the enforceability of broad liability caps against individual consumers. EU consumer law generally prohibits clauses that exclude liability for damages caused by the service provider's own fault. The 'maximum extent permitted by law' qualifier in the clause acknowledges that applicable law may limit the cap's reach. (4) CONTRACT AND VENDOR IMPLICATIONS: Organizations using Medium for commercial publishing should not rely on contractual remedies against Medium for business losses. The exclusion of lost profits and revenues liability is particularly material for professional content creators and media businesses. Standard commercial contracts typically negotiate mutual liability caps; this clause is unilateral and non-negotiable for standard users. (5) COMPLIANCE CONSIDERATIONS: Risk management teams should assess whether Medium's liability limitations create unacceptable exposure for organizational use cases. Cyber insurance policies should be reviewed to determine whether losses from third-party platform failures or unauthorized access to content on Medium are covered, given the contractual limitation on direct recovery from Medium.
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This clause means that if you lose income, data, or business opportunities because of a Medium platform failure or security breach, your ability to recover damages from Medium is substantially limited.
Writers and publishers who depend on Medium for income or audience reach have limited legal recourse for financial losses caused by platform outages, data loss, or unauthorized access to their content under this clause.
ConductAtlas has identified this type of provision across 265 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Medium.