Public.com limits its financial responsibility to you for most types of harm, including investment losses resulting from platform errors, data loss, or inability to access the service.
This analysis describes what Public.com'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
If a platform outage, error, or data issue causes you to miss a trade or lose access to your account at a critical moment, this clause limits what you can recover from Public.com even if the failure was their fault.
Interpretive note: The clause includes a 'to the maximum extent permitted by applicable law' qualifier, meaning enforceability varies by jurisdiction and by claim type, particularly for claims arising from regulated broker-dealer activities where statutory duties may not be waivable by contract.
Users who suffer financial losses due to platform downtime, trading errors, or service disruptions may be limited in what damages they can recover from Public.com, even where the platform bears responsibility for the issue.
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"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PUBLIC, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE.Excerpt from Public.com's Terms of Service
REGULATORY LANDSCAPE: Limitation of liability clauses in investment platform agreements may require evaluation under FINRA and SEC rules governing broker-dealer obligations to customers, which impose baseline duties of care that may not be fully waivable …
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If a platform outage, error, or data issue causes you to miss a trade or lose access to your account at a critical moment, this clause limits what you can recover from Public.com even if the failure was their fault.
Users who suffer financial losses due to platform downtime, trading errors, or service disruptions may be limited in what damages they can recover from Public.com, even where the platform bears responsibility for the issue.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
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