DocuSign · DocuSign Terms and Conditions

Disclaimer of Warranties

High severity
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What it is

Docusign makes no promises that its services will work as expected, be error-free, or be suitable for your specific needs.

Consumer impact (what this means for users)

This clause means you cannot hold Docusign responsible if its platform malfunctions during a critical signing process — if a document is improperly executed due to a platform defect, Docusign has disclaimed all warranty liability for that outcome.

Cross-platform context

See how other platforms handle Disclaimer of Warranties and similar clauses.

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Why it matters (compliance & risk perspective)

For a platform whose primary purpose is executing legally binding documents, a complete disclaimer of implied warranties creates significant risk that users have no contractual recourse if the platform produces defective or unenforceable documents.

View original clause language
THE SERVICES ARE PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. DOCUSIGN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

Institutional analysis (Compliance & legal intelligence)

1) REGULATORY FRAMEWORK: Warranty disclaimers in SaaS agreements are evaluated under UCC Article 2 (goods) and common law (services). California's CLRA (Cal. Civ. Code §1792) prohibits waiver of implied warranties in consumer goods contracts, creating potential tension with this disclaimer for consumer-facing Docusign tiers. EU Directive 1999/44/EC on sale of consumer goods (now Directive 2019/771) and its national implementations provide statutory warranty protections that cannot be disclaimed against EU consumers. 2)

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Applicable agencies

  • FTC
    The FTC can investigate deceptive warranty disclaimers in consumer-facing service agreements under Section 5 of the FTC Act and the Magnuson-Moss Warranty Act.
    File a complaint →
  • State AG
    State attorneys general can challenge warranty disclaimers that violate state consumer protection statutes, particularly California's CLRA which prohibits certain warranty waivers in consumer transactions.
    File a complaint →

Provision details

Document information
Document
DocuSign Terms and Conditions
Entity
DocuSign
Document last updated
April 29, 2026
Tracking information
First tracked
April 27, 2026
Last verified
April 27, 2026
Record ID
CA-P-003533
Document ID
CA-D-00197
Evidence Provenance
Source URL
Wayback Machine
SHA-256
89c1b94cc9747df4e892bbc39b281464db8f360101bb48d9f68e1e0abad007c6
Verified
✓ Snapshot stored   ✓ Change verified
How to Cite
ConductAtlas Policy Archive
Entity: DocuSign | Document: DocuSign Terms and Conditions | Record: CA-P-003533
Captured: 2026-04-27 14:12:49 UTC | SHA-256: 89c1b94cc9747df4…
URL: https://conductatlas.com/platform/docusign/docusign-terms-and-conditions/disclaimer-of-warranties/
Accessed: May 2, 2026
Classification
Severity
High
Categories

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