No matter what happens with a Wyze product or service, the most Wyze will ever owe you is $100 or what you paid in the past 12 months, whichever is more.
This analysis describes what Wyze'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
Given that Wyze sells home security cameras and smart locks that protect residential spaces and capture sensitive video, a $100 maximum liability cap means a product failure causing significant harm would result in minimal financial remedy for the consumer.
Interpretive note: Enforceability of the $100 cap varies by jurisdiction and claim type; applicable law, including state consumer protection statutes and implied warranty provisions, may limit or override this cap in specific circumstances.
This provision limits your financial recourse to $100 or 12 months of fees regardless of the actual damage caused by a Wyze product failure, data breach, or service outage, which is particularly significant for home security and surveillance devices.
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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 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...
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"TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF WYZE AND ITS OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, FOR ANY CLAIMS UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE APPLICABLE SERVICES (OR, IF WE CHOOSE, TO SUPPLYING YOU THE SERVICES AGAIN) DURING THE TWELVE (12) MONTHS BEFORE THE CAUSE OF ACTION AROSE, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).— Excerpt from Wyze's Wyze Terms of Service
REGULATORY LANDSCAPE: Liability caps in consumer product agreements interact with state consumer protection statutes, implied warranty of merchantability provisions under the Uniform Commercial Code, and in some states, prohibitions on limiting consequential damages for personal injury. The FTC Act's prohibition on unfair practices may be relevant where the cap is applied to products marketed primarily for safety and security purposes. State lemon laws and product liability frameworks may provide remedies independent of contractual limitations. GOVERNANCE EXPOSURE: High. A $100 universal liability cap applied to home security cameras, smart door locks, and video doorbells that capture sensitive residential data represents a significant limitation. Courts in multiple jurisdictions have found analogous caps unconscionable where the cap bears no reasonable relationship to potential harm, particularly for products sold on a safety or security premise. The cap applies to all claims including those related to data breaches involving video footage of private spaces. JURISDICTION FLAGS: California courts have closely scrutinized limitation of liability provisions in consumer adhesion contracts under the UCL and CLRA. In the EU, consumer liability limitations inconsistent with mandatory consumer protection directives may be unenforceable. For any users who experience personal injury related to device failure, state tort law may provide remedies not contractually waivable. CONTRACT AND VENDOR IMPLICATIONS: Enterprises or property managers deploying Wyze devices in multi-tenant or commercial settings should note that this cap applies per-claim and may provide insufficient protection in the event of large-scale data exposure. Insurance and indemnification provisions in commercial contracts with Wyze should be reviewed to assess whether additional protections are available. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the $100 cap is enforceable in their primary jurisdictions, particularly California, and whether product liability or consumer protection statutes override this limitation for specific claim types. The cap's application to potential video data breach claims should be evaluated in light of applicable state data breach notification laws and any associated civil liability provisions.
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Given that Wyze sells home security cameras and smart locks that protect residential spaces and capture sensitive video, a $100 maximum liability cap means a product failure causing significant harm would result in minimal financial remedy for the consumer.
This provision limits your financial recourse to $100 or 12 months of fees regardless of the actual damage caused by a Wyze product failure, data breach, or service outage, which is particularly significant for home security and surveillance devices.
ConductAtlas has identified this type of provision across 14 platforms. See the full comparison.
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