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This analysis describes what Cloudflare'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
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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We do not guarantee that the Services, website, or software will be reliable, timely, suitable, available, uninterrupted, error-free, or free of viruses or other harmful components.
You understand and agree that our Services are "interactive computer services" as that term is used in 47 U.S.C. § 230 and that ActiveCampaign is entitled to all rights and privileges attendant thereto.
We do not make any promises that these will be available 100% of the time. Our Services may be disrupted during certain periods, including, for example, as a result of scheduled or emergency maintenance.
"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 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.
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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.
ConductAtlas has identified this type of provision across 286 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Cloudflare.