The agreement states that Gumroad's services are provided on an 'as is' basis without warranty, as detailed in Section 20. Users agree to this warranty disclaimer as a condition of using the platform.
This analysis describes what Gumroad'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
An 'as is' warranty disclaimer limits the warranties Gumroad provides with respect to service availability, functionality, and fitness for purpose. The practical effect of this clause depends on applicable consumer protection law, which in some jurisdictions limits the extent to which warranty disclaimers can be enforced against consumers.
Interpretive note: Enforceability of the warranty disclaimer varies by jurisdiction; applicable consumer protection law in the EU, UK, and certain US states may limit the scope of this disclaimer against consumers.
The agreement establishes that Gumroad's services are provided without warranty as described in Section 20, meaning users acknowledge the absence of express or implied warranties regarding service performance, availability, or fitness for a particular purpose, subject to any limitations imposed by applicable law.
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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 TERMS OF SERVICE INCLUDE: (1) YOUR AGREEMENT THAT THE SERVICES ARE PROVIDED "AS IS" AND WITHOUT WARRANTY (SECTION 20 (DISCLAIMER OF WARRANTIES))— Excerpt from Gumroad's Gumroad Terms of Service
(1) REGULATORY LANDSCAPE: Warranty disclaimers in consumer contracts engage state consumer protection statutes, including California's Consumers Legal Remedies Act, as well as the implied warranty provisions of the Uniform Commercial Code as adopted in applicable states. For EU and UK users, mandatory consumer rights frameworks impose statutory warranties that may not be contractually waived, regardless of the agreement's disclaimer language. (2) GOVERNANCE EXPOSURE: Medium. The 'as is' disclaimer is a standard commercial provision, but its enforceability against consumers varies significantly by jurisdiction. For Suppliers whose business operations depend on platform availability and functionality, this clause limits Gumroad's contractual accountability for service disruptions or functionality failures. (3) JURISDICTION FLAGS: EU and UK consumers benefit from statutory protections under the Consumer Rights Directive and Consumer Rights Act 2015, respectively, which may override contractual warranty disclaimers. California's implied warranty laws and consumer protection statutes may limit the enforceability of blanket disclaimers in consumer contracts. (4) CONTRACT AND VENDOR IMPLICATIONS: Supplier-side legal teams should note that the 'as is' disclaimer, combined with the limitation of liability provisions referenced in the agreement, reduces Gumroad's contractual exposure for service failures that affect Supplier sales operations. Vendor risk assessments should account for this limitation when evaluating Gumroad as a distribution dependency. (5) COMPLIANCE CONSIDERATIONS: Organizations relying on Gumroad for primary digital product distribution should evaluate their own contractual exposure to downstream parties in the event of Gumroad service disruptions, given the absence of service-level warranties in this agreement.
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An 'as is' warranty disclaimer limits the warranties Gumroad provides with respect to service availability, functionality, and fitness for purpose. The practical effect of this clause depends on applicable consumer protection law, which in some jurisdictions limits the extent to which warranty disclaimers can be enforced against consumers.
The agreement establishes that Gumroad's services are provided without warranty as described in Section 20, meaning users acknowledge the absence of express or implied warranties regarding service performance, availability, or fitness for a particular purpose, subject to any limitations imposed by applicable law.
ConductAtlas has identified this type of provision across 38 platforms. See the full comparison.
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