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This analysis describes what Grubhub'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
If the Grubhub platform fails, provides incorrect information about restaurants or delivery, or experiences outages, the company has disclaimed responsibility for those service failures.
This clause means Grubhub does not guarantee that its service will work as expected, be accurate, or be available when you need it, and accepts no liability for service failures under this disclaimer.
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 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.— Excerpt from Grubhub's Grubhub Terms of Use
REGULATORY LANDSCAPE: Broad disclaimers of implied warranties in consumer contracts are subject to state law constraints; the implied warranty of merchantability and fitness for a particular purpose can be disclaimed under the Uniform Commercial Code in many states, but consumer protection statutes in some states impose minimum service quality standards that cannot be contractually waived. The FTC has authority over deceptive practices that may arise if service quality falls materially below reasonable consumer expectations. GOVERNANCE EXPOSURE: Low to Medium. As-is and as-available disclaimers are broadly standard for platform services, but their interaction with consumer payment obligations (where a consumer pays for a service that fails) may create exposure under consumer protection statutes in certain jurisdictions. JURISDICTION FLAGS: Magnuson-Moss Warranty Act implications are limited for service-only offerings, but state consumer protection statutes in California, New York, and Massachusetts may impose minimum service obligations that override contractual disclaimers in consumer-facing contracts. CONTRACT AND VENDOR IMPLICATIONS: This disclaimer does not flow to the underlying restaurant partners, who retain their own service obligations. Procurement teams should assess how this disclaimer interacts with any service level commitments in commercial partner agreements. COMPLIANCE CONSIDERATIONS: Legal teams should verify that the disclaimer is sufficiently disclosed and that it does not conflict with any affirmative service commitments made in marketing materials or subscription plan descriptions, as inconsistency could create FTC deceptive practices exposure.
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If the Grubhub platform fails, provides incorrect information about restaurants or delivery, or experiences outages, the company has disclaimed responsibility for those service failures.
This clause means Grubhub does not guarantee that its service will work as expected, be accurate, or be available when you need it, and accepts no liability for service failures under this disclaimer.
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