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If Cloudflare's services go down, are breached, or fail to perform as advertised, you have no contractual warranty claim against them — the risk of service failure falls entirely on the subscriber.
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THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. GRAMMARLY DOES NOT WARRANT THAT THE SERVICES WILL BE UN...
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. REPLIT DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED...
THE SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. PLAID DOES NOT WARRANT THAT THE SERVICES WILL BE ...
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"THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, CLOUDFLARE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. CLOUDFLARE MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS.— Excerpt from Cloudflare's Cloudflare Terms of Use
REGULATORY FRAMEWORK: Warranty disclaimers in B2C contracts are evaluated under the Uniform Commercial Code (UCC §2-316 for goods, analogously applied to services), state consumer protection statutes, and the Magnuson-Moss Warranty Act (15 U.S.C. §2301 et seq.) for written warranties on consumer products. The FTC Act Section 5 applies to deceptive marketing claims that contradict disclaimer language. EU consumers are protected by the EU Consumer Sales and Guarantees Directive (Directive 2019/771) and may have statutory conformity guarantees that cannot be contractually waived. UK consumers have similar non-waivable rights under the Consumer Rights Act 2015.
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The disclaimer establishes that Cloudflare provides the Services without representations regarding performance standards, reliability, or suitability for specific use cases. This allocation of risk means users bear responsibility for determining whether the Services are adequate for their operational needs.
If Cloudflare's services go down, are breached, or fail to perform as advertised, you have no contractual warranty claim against them — the risk of service failure falls entirely on the subscriber.
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