Cloudflare · Cloudflare Terms of Use

Disclaimer of Warranties and Service Availability

Medium severity
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What it is

Cloudflare makes no guarantees that their services will work as expected, be available when you need them, or be secure — you use them at your own risk.

Consumer impact (what this means for users)

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.

Cross-platform context

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Why it matters (compliance & risk perspective)

Even though Cloudflare markets services like DDoS protection and uptime improvement, this clause means they are contractually not liable if the services fail, are unavailable, or are breached — leaving you without legal recourse for service failures.

View original clause language
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.

Institutional analysis (Compliance & legal intelligence)

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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Applicable agencies

  • FTC
    The FTC can act where marketing claims about service reliability or security materially contradict the 'as is' warranty disclaimer, constituting deceptive advertising under Section 5.
    File a complaint →

Provision details

Document information
Document
Cloudflare Terms of Use
Entity
Cloudflare
Document last updated
April 29, 2026
Tracking information
First tracked
April 18, 2026
Last verified
April 18, 2026
Record ID
CA-P-003004
Document ID
CA-D-00281
Evidence Provenance
Source URL
Wayback Machine
SHA-256
af37667e124d0363f143ca727e79c9a668751aece57f83a9121e317e2cdbdbca
Verified
✓ Snapshot stored   ✓ Change verified
How to Cite
ConductAtlas Policy Archive
Entity: Cloudflare | Document: Cloudflare Terms of Use | Record: CA-P-003004
Captured: 2026-04-18 11:39:55 UTC | SHA-256: af37667e124d0363…
URL: https://conductatlas.com/platform/cloudflare/cloudflare-terms-of-use/disclaimer-of-warranties-and-service-availability/
Accessed: May 2, 2026
Classification
Severity
Medium
Categories

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