Netflix · Netflix Terms of Use

Limitation of Warranty and Consequential Damages Waiver

Medium severity
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What it is

Netflix makes no guarantees about service quality or availability, and you agree you cannot claim compensation for indirect losses caused by Netflix failures — though your country's mandatory consumer rights still apply.

Why it matters (compliance & risk perspective)

If Netflix goes down and causes you financial or other indirect losses, this clause means you cannot claim those damages from Netflix — you can only seek refunds or direct remedies that are mandatory under your local law.

Consumer impact (what this means for users)

This provision limits Netflix's financial liability for service outages, errors, or failures to only the direct losses you can prove, and waives your right to claim broader indirect or consequential damages — meaning Netflix's financial exposure to consumers for service failures is significantly capped.

Cross-platform context

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View original clause language
The Netflix service is provided "as is" and without warranty or condition. In particular, our service may not be uninterrupted or error-free. You waive all special, indirect and consequential damages against us. These terms will not limit any non-waivable warranties or consumer protection rights that you may be entitled to under the mandatory laws of your country of residence.

Institutional analysis (Compliance & legal intelligence)

1) REGULATORY FRAMEWORK: As-is disclaimers and consequential damages waivers in consumer contracts are evaluated under the EU Unfair Contract Terms Directive (93/13/EEC, Annex 1(a) and (b)), which lists as potentially unfair terms that exclude liability for death, personal injury, or non-performance of obligations. Australia's ACL (s. 64) prohibits exclusion of statutory consumer guarantees. The UK Consumer Rights Act 2015 (s. 57) renders void any term purporting to exclude liability for breach of implied terms about quality and fitness for purpose in consumer contracts. Singapore's UCTA (Unfair Contract Terms Act, Cap. 396) restricts exclusion of liability for negligence and breach of contract in consumer dealings. 2)

Full compliance analysis

Regulatory citations, enforcement risk, and due diligence action items.

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Applicable agencies

  • FTC
    The FTC has authority over unfair or deceptive practices, including overly broad liability disclaimers in consumer contracts under FTC Act Section 5.
    File a complaint →

Provision details

Document information
Document
Netflix Terms of Use
Entity
Netflix
Document last updated
April 29, 2026
Tracking information
First tracked
April 18, 2026
Last verified
April 18, 2026
Record ID
CA-P-002699
Document ID
CA-D-00038
Evidence Provenance
Source URL
Wayback Machine
SHA-256
eb28d3f8ec7acc4bcc710b9bd73a54bb14663362a9fb6ffa7696ee1515810a18
Verified
✓ Snapshot stored   ✓ Change verified
How to Cite
ConductAtlas Policy Archive
Entity: Netflix | Document: Netflix Terms of Use | Record: CA-P-002699
Captured: 2026-04-18 08:26:50 UTC | SHA-256: eb28d3f8ec7acc4b…
URL: https://conductatlas.com/platform/netflix/netflix-terms-of-use/limitation-of-warranty-and-consequential-damages-waiver/
Accessed: May 4, 2026
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does Netflix's Limitation of Warranty and Consequential Damages Waiver clause do?

If Netflix goes down and causes you financial or other indirect losses, this clause means you cannot claim those damages from Netflix — you can only seek refunds or direct remedies that are mandatory under your local law.

How does this clause affect you?

This provision limits Netflix's financial liability for service outages, errors, or failures to only the direct losses you can prove, and waives your right to claim broader indirect or consequential damages — meaning Netflix's financial exposure to consumers for service failures is significantly capped.

Is ConductAtlas affiliated with Netflix?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Netflix.