Even if Starbucks causes you harm, the most they are required to pay you is either what you paid them in the past year or $100, whichever is more.
This analysis describes what Starbucks'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 cap applies even to significant harms and means that regardless of the actual damage you suffer, your financial recovery from Starbucks is tightly constrained; combined with the arbitration clause, this substantially limits your practical legal remedies.
Interpretive note: Enforceability of the liability cap may be limited under state consumer protection statutes or in cases involving statutory damage claims such as CCPA data breach damages.
If Starbucks causes you financial or other harm through their platform, this clause limits what you can recover to a maximum of your prior-year spending with Starbucks or $100, which may be far less than your actual loss.
How other platforms handle this
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER WHATNOT NOR ITS SERVICE PROVIDERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORT...
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...
Except as stated in Section L.3.b, the liability of each party, and its affiliates and licensors, for any damages arising out of or related to these Terms (i) excludes damages that are consequential, incidental, special, indirect, or exemplary damages, including lost profits, business, contracts, re...
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"In no event will Starbucks' total liability to you for all damages, losses, or causes of action exceed the amount you have paid to Starbucks in the last twelve (12) months, or, if greater, one hundred dollars ($100).— Excerpt from Starbucks's Starbucks Terms of Use
REGULATORY LANDSCAPE: Contractual liability caps in consumer agreements interact with state consumer protection statutes that may prohibit or limit the enforcement of such caps in cases of fraud, gross negligence, or statutory violations; under CCPA, for example, statutory damages for data breaches may not be contractually waived. GOVERNANCE EXPOSURE: Medium. Liability caps are standard in consumer digital platform agreements, but the $100 floor is on the lower end of commonly observed provisions, and the interaction with statutory damage claims under state privacy laws is uncertain. JURISDICTION FLAGS: California consumers may retain statutory damage rights under CCPA for data breach claims that are not subject to contractual limitation; consumer protection statutes in multiple states may similarly preserve minimum recovery rights notwithstanding this cap. CONTRACT AND VENDOR IMPLICATIONS: The liability cap should be cross-referenced with cyber liability insurance coverage limits and vendor indemnification provisions to ensure alignment in the event of a large-scale incident. COMPLIANCE CONSIDERATIONS: Legal teams should confirm that the liability cap does not purport to limit statutory rights that cannot be waived by contract under applicable law, particularly for California residents and in data breach scenarios.
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This cap applies even to significant harms and means that regardless of the actual damage you suffer, your financial recovery from Starbucks is tightly constrained; combined with the arbitration clause, this substantially limits your practical legal remedies.
If Starbucks causes you financial or other harm through their platform, this clause limits what you can recover to a maximum of your prior-year spending with Starbucks or $100, which may be far less than your actual loss.
ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.
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