No matter what happens, Wealthfront's total financial responsibility to you under these terms is capped at $100, even if you suffer significant investment losses or other damages connected to information on the platform.
This analysis describes what Wealthfront'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 you experience financial harm related to Wealthfront's website information or services as a non-Client User, this clause severely limits what you could recover through a claim based on these Terms of Use.
Interpretive note: Enforceability of the $100 cap may be constrained by applicable securities law, fiduciary duty obligations, or state consumer protection statutes; the document's own qualifier 'to the fullest extent permitted by law' acknowledges jurisdictional variance.
This clause means that users who rely on Wealthfront's website content and suffer financial losses have their potential damages recovery capped at $100, regardless of the actual harm experienced; enforceability against investment advisory Clients may be constrained by applicable securities law and the adviser's fiduciary duty.
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THE SIGNAL PARTIES WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES, EVEN IF THE SIGNAL PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH...
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...
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FITBIT, AND ITS SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN) DURING THE TWELV...
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"IN NO EVENT SHALL WEALTHFRONT OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF WEALTHFRONT, CONTENT AND/OR USER INFORMATION, INCLUDING BUT NOT LIMITED TO THE QUALITY, ACCURACY, OR UTILITY OF THE INFORMATION PROVIDED AS PART OF OR THROUGH WEALTHFRONT OR FOR ANY INVESTMENT DECISIONS MADE ON THE BASIS OF SUCH INFORMATION, WHETHER THE DAMAGES ARE FORESEEABLE AND WHETHER OR NOT WEALTHFRONT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION AND IN NO EVENT SHALL WEALTHFRONT'S CUMULATIVE LIABILITY TO YOU EXCEED U.S. $100.— Excerpt from Wealthfront's Wealthfront Terms of Service
REGULATORY LANDSCAPE: This provision implicates the Investment Advisers Act of 1940 and the SEC's fiduciary standard applicable to registered investment advisers. The SEC has indicated that investment advisers owe clients a duty of care and loyalty, and contractual provisions that purport to limit adviser liability may face scrutiny if they operate to waive fiduciary obligations. The FTC Act's prohibition on unfair or deceptive practices is also potentially relevant where liability caps limit accountability for material misstatements. GOVERNANCE EXPOSURE: High. A $100 aggregate liability cap applied to an SEC-registered investment adviser's website and information services is operationally significant. While liability caps are common in standard website terms, their application in the context of an investment advisory relationship, particularly where clients make financial decisions based on platform information, may create tension with the fiduciary standard. The document states the cap applies 'to the fullest extent permitted by law,' which may provide a partial carve-out, but the enforceability of this cap against Clients in the managed account context warrants specific legal review. JURISDICTION FLAGS: California consumer protection law (the California Consumer Legal Remedies Act and Unfair Competition Law) may limit the enforceability of liability caps in certain consumer contexts. Other states may similarly restrict such caps in financial services agreements. For EU or EEA users, the cap would likely be unenforceable, though the document restricts service to US users. CONTRACT AND VENDOR IMPLICATIONS: The liability cap applies only to these Terms of Use; the separate Client Agreement governs managed portfolio relationships and may contain different liability provisions. Procurement and B2B teams reviewing integration or partnership arrangements should note that Wealthfront's terms also restrict API and data access to formal Partner Program participants, separate from this liability framework. COMPLIANCE CONSIDERATIONS: Compliance teams should evaluate whether the $100 cap is consistent with the adviser's fiduciary obligations under the Investment Advisers Act, particularly for Clients. Legal review of the Client Agreement's liability provisions in conjunction with these Terms is advisable to determine whether the cap operates differently for managed account clients. Any regulatory examination of Wealthfront's disclosure practices may scrutinize whether this cap is adequately disclosed to investors prior to account opening.
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If you experience financial harm related to Wealthfront's website information or services as a non-Client User, this clause severely limits what you could recover through a claim based on these Terms of Use.
This clause means that users who rely on Wealthfront's website content and suffer financial losses have their potential damages recovery capped at $100, regardless of the actual harm experienced; enforceability against investment advisory Clients may be constrained by applicable securities law and the adviser's fiduciary duty.
ConductAtlas has identified this type of provision across 4 platforms. See the full comparison.
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