Warranty Disclaimer ("As Is")

What is a warranty disclaimer?

A warranty is a promise about how a product will perform. A warranty disclaimer is the clause where the vendor says which promises it does not make. The short form is "as is": you get the service in whatever state it is in, faults included.

The disclaimer mostly targets implied warranties. These are promises the law can read into a sale even when nobody wrote them down. The two you will see named are merchantability (the product is fit for its ordinary use) and fitness for a particular purpose (it suits the specific job you told the seller about).

In the US, the Uniform Commercial Code sets the model rules for goods. It says a disclaimer of merchantability "must mention merchantability" and, in writing, must be conspicuous. It also allows wording like "as is" to exclude implied warranties. That is one reason these clauses are often printed in capital letters.

Courts disagree on what "conspicuous" requires, as a Foley and Lardner article explains. Some want a different font or color, while others accept bold or italics.

What it looks like in a vendor's terms

A typical clause reads like this:

Except for the warranties stated in this agreement, the service is provided as is and as available. Provider disclaims all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement, and does not promise the service will be uninterrupted or error free.

• Except for the warranties stated: the few promises the vendor does make, usually in the section just above.
• As is and as available: no promise about quality or uptime beyond those stated.
• Merchantability, fitness, non-infringement: the implied promises being switched off, named so the disclaimer works.
• Uninterrupted or error free: outages and bugs are not, by themselves, a breach.

The AWS Customer Agreement (section 8) is a plain example: "The services and AWS content are provided 'as is.'"

A real change we caught

Venpo flagged a change in which Supabase can now delete your data in beta features. Its October 5, 2026 terms provide beta features "AS IS," with no support, service level or indemnification, and reserve the right to delete data submitted to them. Early-stage features often come with fewer promises than the main product, so a beta terms page deserves its own read.

Why it matters to you

An "as is" disclaimer is normal in SaaS. What matters is what sits next to it. On a paid plan, look for a limited warranty that survives the disclaimer. Salesforce (section 8.2) warrants the services "will perform materially in accordance with the applicable Documentation." HubSpot (section 10.1) promises service consistent with "generally accepted industry standards," with a 60-day fix period and a refund if it fails.

A bare "as is" with no warranty at all often applies to free and beta services. Salesforce provides free and beta services "as is" with no warranty and, where it cannot exclude liability for free services entirely, caps it at $1,000. That is fine for a trial. It is a red flag when you pay for the product and run your business on it.

Without a warranty, your main protection is the service level agreement, and its remedy is often only service credits.

What to check

• Find the warranties the vendor does give. Is there a promise that the service will match its documentation?
• Check what happens if that promise fails: a fix period, a right to terminate, a refund.
• Look for a promise not to materially reduce features or security during your term, as Salesforce gives.
• Check whether any feature you depend on is labeled beta, preview or free, and so falls under "as is."
• Ask for a warranty on security or data handling if the vendor holds your customers' data.

Representations and Warranties

A representation is a statement of fact about the present, such as "we have the right to provide this service." A warranty is a promise about the future, such as "the service will perform as documented." Contracts often group them under one heading.

For you as a buyer, the useful question is what each statement covers and what you get if it proves wrong. The answer is usually in the remedy wording right after the warranty, and the limitation of liability clause may cap it further.

In SaaS agreements, the vendor's warranties are short and specific. Salesforce warrants that it will not materially decrease the security or functionality of the services during a subscription term. Atlassian provides its products "as is" except for the performance warranties in section 11.

You give warranties too. Many terms ask you to warrant that you have the rights to the data you upload and that your use follows the law. If that statement is wrong, your customer indemnity may apply.

How Venpo helps

Venpo watches your vendors' terms and beta or service-specific pages and emails you when a warranty is narrowed or removed, or when a feature you use moves under "as is" wording. Each alert says what changed and why it matters, and the vendor's change history keeps the old wording.