Grubhub makes no guarantees about the reliability, accuracy, or fitness of its service, meaning you use the platform at your own risk.
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
The disclaimer establishes the baseline operational framework under which Grubhub delivers services, defining the scope of assurances the platform makes to users. This provision clarifies that platform availability and functionality standards are not guaranteed contractual obligations.
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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SECTION 18 OF THIS AGREEMENT CONTAINS A DISCLAIMER OF WARRANTIES.
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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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The disclaimer establishes the baseline operational framework under which Grubhub delivers services, defining the scope of assurances the platform makes to users. This provision clarifies that platform availability and functionality standards are not guaranteed contractual obligations.
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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