Duo makes no guarantees that the service will work without errors, be continuously available, or be completely secure, and disclaims all implied warranties about the quality or fitness of the service.
This analysis describes what Duo Security'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
Because Duo is a security product, the explicit disclaimer that the service is not warranted to be 'completely secure' is particularly significant for organizations deploying it as a primary authentication control.
This clause means that if the service experiences downtime, errors, or even a security vulnerability, Duo has contractually disclaimed any warranty that these outcomes would not occur, limiting the basis for any warranty-based claim.
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THE SERVICES AND ALL CONTENT, MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED THROUGH THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
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, AND NON-INFRINGEMENT. GUSTO DOES NOT WARRANT THAT THE SERVICES WILL BE...
THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. AI21 DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ...
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"THE SERVICES ARE PROVIDED 'AS IS' AND 'AS AVAILABLE.' DUO AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. DUO DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.— Excerpt from Duo Security's Duo Terms of Service
(1) REGULATORY LANDSCAPE: Warranty disclaimers are standard in enterprise SaaS agreements and generally enforceable under the Uniform Commercial Code and common law in the U.S. However, regulated industries such as healthcare and financial services may impose independent standards of care that exist outside the contractual warranty framework. HIPAA, for example, requires covered entities and business associates to implement adequate safeguards regardless of vendor warranty disclaimers. (2) GOVERNANCE EXPOSURE: Medium. The disclaimer is industry-standard language but carries heightened significance for a security product where customers may have implicit expectations of security assurance. Organizations should not rely on Duo's contractual representations as evidence of security adequacy for regulatory compliance purposes. (3) JURISDICTION FLAGS: EU customers may benefit from additional statutory protections under national consumer or commercial law that limit the effect of broad warranty disclaimers, though in a B2B context these protections are generally narrower. California's implied warranty of merchantability under the Commercial Code may interact with this disclaimer depending on contract structure. (4) CONTRACT AND VENDOR IMPLICATIONS: Vendor due diligence should assess Duo's actual security certifications (SOC 2, ISO 27001) and SLA commitments separately from warranty disclaimers, as those instruments provide more meaningful operational assurance than contractual warranty language. (5) COMPLIANCE CONSIDERATIONS: Risk management frameworks should document that no contractual warranty of security adequacy exists and that independent security assessments of the Duo integration are necessary for compliance purposes.
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Because Duo is a security product, the explicit disclaimer that the service is not warranted to be 'completely secure' is particularly significant for organizations deploying it as a primary authentication control.
This clause means that if the service experiences downtime, errors, or even a security vulnerability, Duo has contractually disclaimed any warranty that these outcomes would not occur, limiting the basis for any warranty-based claim.
ConductAtlas has identified this type of provision across 35 platforms. See the full comparison.
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