If Noom causes you harm, the most you can recover from the company is either $100 or the total amount you paid Noom in the past year, whichever is greater.
This analysis describes what Noom'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 liability limitation defines the maximum financial exposure Noom assumes for service-related claims, which establishes the upper bound of recoverable damages regardless of claim type or severity under applicable law.
Interpretive note: The enforceability of the $100 liability cap may be limited by state law for certain claim types, including health data breach claims; applicable law carve-outs noted in the provision introduce jurisdictional variability.
Noom's updated terms make clearer that the platform provides behavioral support, not medical treatment, and that coaching and food data features may not be fully accurate. This clarification is important for users who might view Noom as a substitute for medical advice or treatment. The terms now explicitly reserve Noom's right to suspend or revoke your access at any time, which expands the company's unilateral control over your account. Review the updated terms carefully, especially if you rely on Noom for health management or have shared sensitive health information on the platform.
View change record →Even if Noom's handling of your health data, billing practices, or service failures cause you significant harm, the terms cap your potential financial recovery at $100 or your prior year of subscription payments, which may be substantially less than your actual damages.
How other platforms handle this
In no event will either party's aggregate liability arising out of or related to this Agreement exceed the total fees paid or payable by Customer in the twelve (12) months preceding the claim. In no event will either party be liable for any indirect, incidental, special, consequential, or punitive d...
IN NO EVENT WILL DEEPSEEK OR ITS AFFILIATES BE LIABLE UNDER ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRODUCTS LIABILITY, OR OTHERWISE, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OR LOST PROFITS, EVEN IF DEEPSEEK OR ITS AFFILIATES HAVE ...
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL PERPLEXITY, ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS O...
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"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF NOOM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, AND LICENSORS FOR ALL CLAIMS RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNTS PAID BY YOU TO NOOM IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.— Excerpt from Noom's Noom Terms of Service
REGULATORY LANDSCAPE: Liability caps in consumer contracts engage FTC Act Section 5 where they are found to be unconscionable or where they limit recovery for harms caused by unfair or deceptive practices. Some state consumer protection statutes provide for statutory damages or penalty provisions that may not be contractually waivable, making the cap potentially unenforceable in certain jurisdictions for certain claim types. GOVERNANCE EXPOSURE: High in health data contexts. A $100 floor for a platform handling sensitive health-adjacent data is materially low. If a data breach or unauthorized disclosure of health information occurred, actual consumer harm could significantly exceed this cap, and its enforceability in such circumstances warrants legal assessment. JURISDICTION FLAGS: California, New York, and Illinois have consumer protection statutes that may provide statutory damages not subject to contractual limitation. EU and UK users may have GDPR-based data protection rights that create remedies outside the contractual cap framework. The cap may be unenforceable for gross negligence or willful misconduct under applicable law in many jurisdictions. CONTRACT AND VENDOR IMPLICATIONS: Organizations procuring Noom for employee wellness benefits should note that individual employees' potential recovery from Noom is capped at these amounts, and assess whether the employer retains any indemnification rights from Noom for harms to employees that exceed the cap. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the liability cap is enforceable under applicable state law for the primary user populations, particularly for health data breach scenarios. The interaction between this cap and mandatory arbitration may further limit practical recovery options for individual consumers.
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The liability limitation defines the maximum financial exposure Noom assumes for service-related claims, which establishes the upper bound of recoverable damages regardless of claim type or severity under applicable law.
Even if Noom's handling of your health data, billing practices, or service failures cause you significant harm, the terms cap your potential financial recovery at $100 or your prior year of subscription payments, which may be substantially less than your actual damages.
ConductAtlas has identified this type of provision across 227 platforms. See the full comparison.
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