The agreement caps Ro's total financial liability to a user at the greater of the fees paid by the user to Ro in the prior six months or $100, subject to applicable law.
This analysis describes what Ro'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 limits the maximum financial recovery a user can obtain from Ro in any proceeding to a dollar amount tied to recent subscription or service fees paid, which may be substantially lower than actual damages in healthcare-related harm scenarios.
Interpretive note: Enforceability of this cap depends on applicable state law; some jurisdictions do not permit contractual liability caps for personal injury, gross negligence, or certain consumer harms.
Under this clause, the agreement limits Ro's financial liability to each user to the fees paid in the six months before a claim or $100, whichever is greater; this cap applies across all categories of damages to the maximum extent permitted by law.
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"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL RO'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID RO IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).— Excerpt from Ro's Ro Terms of Use
(1) REGULATORY LANDSCAPE: Liability caps in consumer healthcare contracts may interact with state consumer protection statutes and healthcare liability frameworks that restrict or void certain limitation-of-liability clauses. In some jurisdictions, liability waivers or caps for personal injury or gross negligence are unenforceable as against public policy. HIPAA does not create a private right of action, but state breach of confidentiality claims may not be subject to contractual liability caps depending on state law. (2) GOVERNANCE EXPOSURE: Medium. The $100 floor and six-month fee cap are standard features of consumer platform terms, but their application to a healthcare intermediary raises questions about interaction with healthcare negligence standards and state consumer protection statutes that may void such caps for certain categories of harm. (3) JURISDICTION FLAGS: States including California, New York, and New Jersey have consumer protection frameworks that may limit the enforceability of broad liability caps in certain consumer service contexts. Courts in some jurisdictions have declined to enforce liability caps where gross negligence or intentional misconduct is involved. (4) CONTRACT AND VENDOR IMPLICATIONS: Institutional purchasers of Ro's services should evaluate whether this cap applies to B2B agreements or only to individual consumer terms, and should assess whether separate indemnification provisions in any vendor agreement provide adequate protection. (5) COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the cap language, which includes the phrase 'to the maximum extent permitted by applicable law,' adequately reflects jurisdiction-specific limitations and whether the terms are disclosed with sufficient prominence to satisfy state-specific consent requirements.
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This provision limits the maximum financial recovery a user can obtain from Ro in any proceeding to a dollar amount tied to recent subscription or service fees paid, which may be substantially lower than actual damages in healthcare-related harm scenarios.
Under this clause, the agreement limits Ro's financial liability to each user to the fees paid in the six months before a claim or $100, whichever is greater; this cap applies across all categories of damages to the maximum extent permitted by law.
ConductAtlas has identified this type of provision across 7 platforms. See the full comparison.
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