Kit disclaims all express and implied warranties regarding the service, including warranties of merchantability, fitness for purpose, and non-infringement, and does not warrant uninterrupted or error-free service.
This analysis describes what ConvertKit'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 Kit provides no contractual assurance regarding service availability, performance, or fitness for any particular use, which is operationally significant for users who depend on consistent email delivery for time-sensitive campaigns or revenue-generating activities.
Interpretive note: Enforceability of the as-is disclaimer varies by jurisdiction; EU, UK, and Australian consumer protection statutes may provide implied warranty protections that override this contractual disclaimer for consumer users.
Under this clause, Kit makes no guarantee of service uptime, deliverability, or suitability for any particular business purpose. Users who experience service failures, deliverability issues, or data loss have no contractual warranty claim to assert against Kit beyond what applicable law independently provides.
How other platforms handle this
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 SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. KIT DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.— Excerpt from ConvertKit's ConvertKit Terms of Service
1. REGULATORY LANDSCAPE: As-is disclaimers are standard in SaaS agreements and are generally enforceable in US commercial contexts. However, consumer protection laws in EU and UK jurisdictions may limit the enforceability of implied warranty disclaimers for consumer users; the EU Consumer Rights Directive and UK Consumer Rights Act provide statutory protections that may apply regardless of contractual disclaimer. 2. GOVERNANCE EXPOSURE: Medium. For business users operating email marketing programs with delivery-dependent revenue, the absence of any deliverability warranty means there is no contractual remedy for deliverability failures. Users should evaluate whether email deliverability SLAs are available at higher service tiers. 3. JURISDICTION FLAGS: EU and UK consumer users may retain implied warranty protections under applicable consumer law that the disclaimer cannot override. Australian users may have similar protections under the Australian Consumer Law. 4. CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement teams negotiating Kit agreements should assess whether uptime or deliverability SLAs can be obtained as addenda, as the base terms provide no such commitments. 5. COMPLIANCE CONSIDERATIONS: Business continuity plans should not rely on Kit's contractual commitments for service availability, as the terms disclaim any such obligation.
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This provision establishes that Kit provides no contractual assurance regarding service availability, performance, or fitness for any particular use, which is operationally significant for users who depend on consistent email delivery for time-sensitive campaigns or revenue-generating activities.
Under this clause, Kit makes no guarantee of service uptime, deliverability, or suitability for any particular business purpose. Users who experience service failures, deliverability issues, or data loss have no contractual warranty claim to assert against Kit beyond what applicable law independently provides.
ConductAtlas has identified this type of provision across 38 platforms. See the full comparison.
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