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The agreement disclaims all express and implied warranties regarding the services, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Services are provided on an as-is basis with no warranty of availability or performance.
This analysis describes what Acorns'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 establishes that Acorns makes no contractual warranties regarding service availability, performance, or fitness for purpose, which in the context of investment and banking services has operational implications for users relying on platform availability for account management. The enforceability of warranty disclaimers in regulated financial services contexts may be constrained by applicable securities and consumer protection regulations.
Interpretive note: The enforceability of the warranty disclaimer as applied to regulated investment advisory and broker-dealer services may be constrained by regulatory standards of care that operate independently of contractual terms.
New explicit warranty disclaimer eliminates all implied warranties and service quality guarantees, shifting risk entirely to users.
View full change record →Under this clause, Acorns provides all services without any warranty of performance, reliability, or fitness for a particular purpose. Applicable law, including consumer protection statutes and financial services regulations, may independently establish standards that operate regardless of this contractual disclaimer.
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we do not warrant that Offering descriptions are accurate, complete, reliable, current, or error-free.
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"THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ACORNS AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.Excerpt from Acorns's Terms of Service
(1) REGULATORY LANDSCAPE: The disclaimer of warranties engages the FTC Act's prohibition on deceptive practices, as blanket warranty disclaimers must be consistent with the company's actual service representations. In the investment advisory context, the Investment Advisers Act may impose independent standards of care that operate regardless of contractual warranty disclaimers. (2) GOVERNANCE EXPOSURE: Low to Medium. As-is warranty disclaimers are standard across consumer software and financial services platforms, but their application to regulated investment advisory and broker-dealer services may be constrained by regulatory standards of care that cannot be fully disclaimed contractually. (3) JURISDICTION FLAGS: Some states limit the enforceability of as-is disclaimers in consumer contracts. California, New Jersey, and Massachusetts have consumer protection frameworks that may limit the effect of warranty disclaimers in financial services agreements. (4) CONTRACT AND VENDOR IMPLICATIONS: The disclaimer is consistent with standard commercial practice for consumer technology platforms. Legal teams reviewing this in a B2B context should note that the disclaimer applies to all services as defined in the agreement. (5) COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the warranty disclaimer is consistent with representations made in Acorns' marketing materials and disclosure documents, as inconsistencies could create FTC Act exposure. The disclaimer should be evaluated against applicable investment adviser and broker-dealer standards of care.
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This provision establishes that Acorns makes no contractual warranties regarding service availability, performance, or fitness for purpose, which in the context of investment and banking services has operational implications for users relying on platform availability for account management. The enforceability of warranty disclaimers in regulated financial services contexts may be constrained by applicable securities and consumer protection regulations.
Under this clause, Acorns provides all services without any warranty of performance, reliability, or fitness for a particular purpose. Applicable law, including consumer protection statutes and financial services regulations, may independently establish standards that operate regardless of this contractual disclaimer.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
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