Warranty Disclaimer Clause Explained: What "As Is" Really Means
This page is general information, not legal advice.
A warranty disclaimer, often called an "as is" clause, says the seller or provider makes no promises about what you're getting. It shows up in software terms, SaaS subscriptions, app and platform terms of service, used goods sales, and many freelance and service contracts. It's usually in capital letters near the end, right next to the limitation of liability. Many people skip it because it looks like boilerplate. But it decides a basic question: if the thing doesn't work, can you do anything about it? This page explains what the clause does and why it matters. It also covers the variations worth watching for and wording you can propose. How far a disclaimer can go depends a lot on the jurisdiction and on whether you're a consumer or a business.
The example clauses below are illustrative. They are not taken from any real company's terms.
What a warranty disclaimer clause does
A warranty is a promise about quality or performance. Some warranties are written into the contract, such as "the software will perform as described in the documentation." Others may be implied by law. Depending on where you are, these can include promises that a product is fit for ordinary use, fit for a purpose you told the seller about, or provided with reasonable care and skill. A warranty disclaimer tries to switch off as many of these promises as the law allows.
A typical clause might read: "THE SERVICE IS PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTY OF ANY KIND. PROVIDER DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY AND NON-INFRINGEMENT, AND DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE."
Why it works against you
You pay for something because you expect it to work. An "as is" clause says the other side never promised that it would. If the software loses your data, the service goes down during your busiest week, or delivered work turns out to be unusable, the disclaimer gives the provider an argument that it never breached any promise. Paired with a liability cap, it can leave you with almost nothing to claim. See limitation of liability clauses explained.
The clause also usually runs one way. The provider promises nothing, but you may still be asked to warrant that your content is lawful, that you own what you upload, and that you'll follow every policy. If those promises turn out to be wrong, you may have to cover the provider's losses. See indemnification clauses explained.
Many places limit these clauses. Consumer protection rules often keep some basic quality rights in place no matter what the contract says, and some require a disclaimer to be conspicuous before it counts. Business-to-business contracts usually get less protection. Don't assume the clause is unenforceable. Ask what applies where you are.
Variations to watch for
1. Disclaiming the provider's own written promises
Watch for a sales page or proposal that promises specific features, uptime or deliverables while the contract disclaims "all warranties, express or implied." Combined with an "entire agreement" clause, this can wipe out the promises that made you sign.
2. "As is" on custom paid work
For off-the-shelf software, "as is" may be expected. It's harder to justify when you're paying someone to build something specific for you, such as a website or a design. See web design contract red flags and service agreement red flags.
3. A "sole remedy" that may not fix the problem
A typical clause might read: "Customer's sole and exclusive remedy for any defect shall be, at Provider's option, re-performance of the Services or termination of this Agreement."
At first this looks like a warranty. But the provider picks the remedy, and "termination" may mean you lose access without getting your money back.
4. No promise about accuracy or results
Data services, analytics tools and AI features often disclaim any warranty that output is accurate or complete. That may be fair for experimental tools. It's a bigger problem when you're paying for the output and relying on it for your business.
5. No non-infringement promise
If the provider won't confirm that what it delivers doesn't infringe someone else's rights, you may be the one facing a claim for using it. See IP assignment clauses explained.
What to ask for instead
You may not be able to remove a disclaimer entirely, especially in standard click-through terms. In negotiated contracts, ask for a short list of real promises and a remedy that works.
Sample wording to propose: "Provider warrants that (a) the Services will perform materially in accordance with the Documentation and the descriptions in the Order, (b) Services will be performed with reasonable skill and care, and (c) deliverables will not, to Provider's knowledge, infringe any third party's intellectual property rights. If Provider breaches these warranties and does not cure within 30 days of written notice, Customer may terminate and receive a refund of prepaid fees for the affected Services. Nothing in this Agreement excludes any warranty or right that cannot be excluded by law."
Also check that anything important in the proposal or sales materials is written into the contract itself.
When an as-is clause may be reasonable
A broad disclaimer can be fair for free tools, beta features, open-source software and used goods sold at a discount. The question is whether the price and what's at stake for you match the risk you're taking on. A free app that disclaims everything is different from a paid platform your business depends on.
Also worth a look
Check whether disputes about defects have to go to private arbitration. See mandatory arbitration clauses explained. Also check whether the provider can change the terms, including its warranties, whenever it likes.
Scan your own terms free
Disclaimers are often spread across several sections, and they matter most alongside liability caps and indemnities. Upload your contract or terms to the ScanMyTerms terms of service checker as a PDF, DOCX, TXT or MD file, or photograph it. In about a minute you get a list of clauses that work against you, with the risk level, the exact wording, why it hurts and how to change it. The free preview needs no sign-up and shows the risk count and the first two findings. The full report is $5. ScanMyTerms does not use your documents to train AI models, and reports are deleted after 7 days.
This page is general information, not legal advice. Warranty rules vary by jurisdiction and by whether you're a consumer or a business, so for decisions about a specific contract, talk to a qualified lawyer where you live.
Sources
- All clause examples on this page are illustrative and written for this guide. They are not quoted from any real company's terms.
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