Warranty Disclaimer

A legal statement limiting or excluding implied warranties that might otherwise apply to products or services, commonly stating services are provided 'as is' without warranties of merchantability, fitness for purpose, or non-infringement. Warranty disclaimers attempt to limit provider liability by clarifying what guarantees are and aren't made. In privacy contexts, warranty disclaimers appear in privacy policies, terms of service, and data processing agreements, often disclaiming: guarantees of absolute security (acknowledging no system is perfectly secure), promises of zero data breaches, warranties about third-party services or content, and guarantees about continued service availability. However, warranty disclaimers have limits—they generally cannot disclaim statutory obligations, consumer protection rights, or fundamental legal requirements. Organizations cannot disclaim responsibility for gross negligence, willful misconduct, or violations of mandatory privacy laws. Effective disclaimers should: be conspicuous and clear, avoid disclaiming mandatory legal obligations, balance limiting liability against maintaining user trust, and be drafted appropriately for jurisdiction (U.S. law generally permits broader disclaimers than EU law). Organizations should consult legal counsel when drafting disclaimers to ensure enforceability.