“IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU, AND/OR PARTNER BANK’S TOTAL LIABILITY TO YOU TO THE EXTENT APPLICABLE, FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE TOTAL AMOUNT PAID BY YOU TO US OR PARTNER BANK, RESPECTIVELY, FOR ACCESSING THE PLATFORM AND RECEIVING THE SERVICES, IF ANY, IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING...”
This analysis describes what Stash'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 cap ties Stash's maximum exposure directly to prior user payments, which could be very low or even zero for users who paid little or nothing, severely limiting any potential recovery.
Interpretive note: The excerpt is truncated with ellipses, so additional conditions or exceptions within the full clause may exist that are not captured here.
No matter what damages you suffer, Stash's total liability is capped at the total amount you paid to Stash or the Partner Bank in the twelve months immediately before your claim.
How other platforms handle this
THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF DOORDASH FOR (Y) DEATH OR PERSONAL INJURY CAUSED BY DOORDASH'S NEGLIGENCE OR WILLFUL MISCONDUCT, OR (Z) ANY INJURY CAUSED BY DOORDASH'S FRAUD OR FRAUDULENT MISREPRESENTATION.
IF YOU ARE A CONSUMER RESIDING IN NEW JERSEY, THE FOLLOWING PROVISIONS OF THIS AGREEMENT DO NOT APPLY TO YOU (AND DO NOT LIMIT ANY RIGHTS THAT YOU MAY HAVE) TO THE EXTENT THAT THEY ARE UNENFORCEABLE UNDER NEW JERSEY LAW...
We are liable for making sure that funds credited to you from Tap to Pay transactions are credited to your business profile...solely to the extent we receive such funds from the relevant card scheme, bank acquirer or other third-party
"IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU, AND/OR PARTNER BANK’S TOTAL LIABILITY TO YOU TO THE EXTENT APPLICABLE, FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE TOTAL AMOUNT PAID BY YOU TO US OR PARTNER BANK, RESPECTIVELY, FOR ACCESSING THE PLATFORM AND RECEIVING THE SERVICES, IF ANY, IN THE TWELVE-MONTH PERIOD IMMEDIATELY PRECEDING...Excerpt from Stash's Terms of Use (Superseded URL)
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The cap ties Stash's maximum exposure directly to prior user payments, which could be very low or even zero for users who paid little or nothing, severely limiting any potential recovery.
No matter what damages you suffer, Stash's total liability is capped at the total amount you paid to Stash or the Partner Bank in the twelve months immediately before your claim.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
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