The agreement disclaims all express and implied warranties regarding the platform, including warranties of merchantability, fitness for a particular purpose, and uninterrupted or error-free service.
This analysis describes what Impact'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
This provision, combined with the twelve-month liability cap, means that users have limited contractual recourse if the platform experiences tracking failures, data loss, or service interruptions that affect the performance of their partnership programs. The disclaimer of implied warranties is standard in SaaS agreements but has significant practical implications for businesses relying on accurate tracking for commission and payout calculations.
Under this clause, impact.com makes no guarantees about the accuracy, availability, or reliability of the platform. Users operating partnership programs that depend on accurate tracking and attribution accept the risk of platform errors under the terms of this agreement.
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 ...
Monitoring
Impact has changed this document before.
Receive same-day alerts, structured change summaries, and monitoring for up to 10 platforms.
"THE PLATFORM IS PROVIDED ON AN 'AS IS' AND 'AS AVAILABLE' BASIS WITHOUT 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. IMPACT DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.— Excerpt from Impact's Impact Terms and Conditions
(1) REGULATORY LANDSCAPE: Warranty disclaimers in commercial SaaS agreements are broadly enforceable in the US under the Uniform Commercial Code and common law. However, in the EU, certain implied warranties and quality standards may not be fully disclaimable under the Digital Content Directive and applicable national law, particularly for agreements that qualify as consumer contracts. (2) GOVERNANCE EXPOSURE: Medium. For enterprise clients managing large-scale affiliate programs where tracking accuracy directly affects commission payouts and partner relationships, the warranty disclaimer combined with the liability cap creates a gap between contractual risk allocation and actual business exposure. (3) JURISDICTION FLAGS: EU users may retain certain quality and conformity rights under the Digital Content Directive that cannot be fully disclaimed. UK users may have similar protections under the Consumer Rights Act 2015 if they qualify as consumers. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement teams should assess whether negotiated service level agreements (SLAs) with uptime guarantees and remedies for tracking failures are available and whether these supersede the general warranty disclaimer. (5) COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the warranty disclaimer is consistent with applicable law in the jurisdictions where impact.com's services are deployed and whether supplemental SLAs are appropriate given the scale of reliance on the platform.
Full compliance analysis
Regulatory citations, enforcement risk, and due diligence action items.
Free: track 1 platform + weekly digest. Monitor: 10 platforms + same-day alerts. No credit card required.
Compliance Governance Intelligence
Need to monitor specific governance provisions?
Compliance includes provision-level monitoring, governance timelines, regulatory mapping, and audit-ready analysis.
Built from archived source documents, structured governance mappings, and historical version tracking.
This provision, combined with the twelve-month liability cap, means that users have limited contractual recourse if the platform experiences tracking failures, data loss, or service interruptions that affect the performance of their partnership programs. The disclaimer of implied warranties is standard in SaaS agreements but has significant practical implications for businesses relying on accurate tracking for commission and payout calculations.
Under this clause, impact.com makes no guarantees about the accuracy, availability, or reliability of the platform. Users operating partnership programs that depend on accurate tracking and attribution accept the risk of platform errors under the terms of this agreement.
ConductAtlas has identified this type of provision across 38 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Impact.