Stash disclaims all express and implied warranties regarding the platform, services, content, and materials, including warranties of accuracy, security, availability, fitness for a particular purpose, and freedom from viruses or harmful components.
This analysis describes what Stash'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 disclaims all warranties applicable to the platform and its content, including warranties of accuracy and security. For a financial services platform where users rely on market data, investment information, and account balances, the disclaimer of accuracy and security warranties is operationally relevant, though the Investment Advisers Act carve-out in the liability limitation provision may constrain the full application of this disclaimer to advisory services.
Interpretive note: The enforceability of the full warranty disclaimer may be limited by the Investment Advisers Act for advisory services and by applicable state consumer protection laws, which may impose non-waivable implied warranty protections in certain jurisdictions.
Under this clause, Stash makes no warranty that the platform will operate without error, that information provided will be accurate, or that the platform is free from security vulnerabilities. The agreement separately preserves liability that cannot be disclaimed under the Investment Advisers Act of 1940.
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"THE SERVICES, OFFERINGS, CONTENT AND MATERIALS ON THE PLATFORM ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, AVAILABILITY, ACCURACY OR NON-INFRINGEMENT WITH RESPECT TO THE PLATFORM, THE SERVICES, THE OFFERINGS, CONTENT AND ANY OTHER MATERIALS ON THE PLATFORM. STASH DOES NOT WARRANT THAT THE PLATFORM OR ANY FUNCTION CONTAINED IN THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PLATFORM OR THE SERVERS THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.— Excerpt from Stash's Stash Terms of Use (Superseded URL)
1. REGULATORY LANDSCAPE: Warranty disclaimers in consumer financial services contexts interact with applicable investment advisory regulations, consumer protection standards, and state-level implied warranty protections. The Investment Advisers Act of 1940 creates a non-waivable duty of care for registered investment advisers that may constrain the disclaimer's application to advisory services. State consumer protection laws in jurisdictions including California may limit the enforceability of implied warranty disclaimers against consumers in standard-form contracts. 2. GOVERNANCE EXPOSURE: Medium. The disclaimer of accuracy and security warranties for a platform handling investment accounts and financial data is standard in technology-platform agreements, but may receive greater regulatory scrutiny in a financial services context. The qualification created by the Investment Advisers Act carve-out in the liability section creates an important limitation that should be read in conjunction with this disclaimer. 3. JURISDICTION FLAGS: New York governing law applies. California and other states with robust implied warranty protections may limit the enforceability of certain disclaimer provisions against consumers. The Investment Advisers Act creates a federal floor for advisory services that supersedes contractual warranty disclaimers for covered conduct. 4. CONTRACT AND VENDOR IMPLICATIONS: The disclaimer of security warranties is relevant to data breach liability analysis. In the event of a platform security incident, the interaction between this disclaimer, the liability cap, and applicable data security regulations (including applicable state breach notification laws) should be evaluated. 5. COMPLIANCE CONSIDERATIONS: Compliance teams should confirm that the warranty disclaimer is consistent with applicable regulatory disclosure requirements for investment advisory services and that the Investment Advisers Act carve-out is operationally understood and applied to covered service categories.
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This provision disclaims all warranties applicable to the platform and its content, including warranties of accuracy and security. For a financial services platform where users rely on market data, investment information, and account balances, the disclaimer of accuracy and security warranties is operationally relevant, though the Investment Advisers Act carve-out in the liability limitation provision may constrain the full application …
Under this clause, Stash makes no warranty that the platform will operate without error, that information provided will be accurate, or that the platform is free from security vulnerabilities. The agreement separately preserves liability that cannot be disclaimed under the Investment Advisers Act of 1940.
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