For non-EU Consumer users, the agreement excludes Squarespace's liability for indirect, consequential, punitive, and incidental damages, as well as loss of profits, revenue, data, and goodwill arising from service use, inability to access services, or loss or corruption of user content and eCommerce data. EU Consumers are explicitly carved out from this limitation.
This analysis describes what Squarespace'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 broadly restricts the categories of recoverable damages available to non-EU Consumer users in claims against Squarespace, covering data loss, service interruption, eCommerce data loss, and user content unavailability. The EU Consumer carve-out reflects recognition that mandatory consumer protection laws in EU member states may limit the enforceability of these exclusions.
Interpretive note: Enforceability of liability exclusions varies by jurisdiction and user category; the document acknowledges this variability through its EU Consumer carve-out and 'to the fullest extent permitted by applicable law' qualifier.
Under these terms, non-EU Consumer users waive claims for indirect, consequential, and punitive damages, as well as losses from data corruption, service outages, or eCommerce data unavailability, to the extent permitted by applicable law. EU Consumers retain rights under applicable mandatory national law that may override these limitations.
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"Unless you are an EU Consumer, you acknowledge and agree that to the fullest extent permitted by applicable law, in no event will Squarespace and its affiliates and its and their directors, officers, employees and agents be liable with respect to any claims arising out of or related to the Services or this Agreement for: (a) any indirect, special, incidental, exemplary, punitive or consequential damages; (b) any loss of profits, revenue, data, goodwill or other intangible losses; (c) any Losses (as defined below) related to your access to, use of or inability to access or use parts, some or all of your Account, Your Sites or parts or all of the Services, including without limitation interruption of use or cessation or modification of any aspect of the Services; (d) any Losses related to unavailability, degradation, loss, corruption, theft, unauthorized access or, unauthorized alteration of, any content, information or data, including without limitation User Content and Your eCommerce data.Excerpt from Squarespace's Terms of Service
(1) REGULATORY LANDSCAPE: Liability exclusion clauses in consumer contracts engage consumer protection frameworks in multiple jurisdictions.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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This provision broadly restricts the categories of recoverable damages available to non-EU Consumer users in claims against Squarespace, covering data loss, service interruption, eCommerce data loss, and user content unavailability. The EU Consumer carve-out reflects recognition that mandatory consumer protection laws in EU member states may limit the enforceability of these exclusions.
Under these terms, non-EU Consumer users waive claims for indirect, consequential, and punitive damages, as well as losses from data corruption, service outages, or eCommerce data unavailability, to the extent permitted by applicable law. EU Consumers retain rights under applicable mandatory national law that may override these limitations.
ConductAtlas has identified this type of provision across 286 platforms. See the full comparison.
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