to read this ToS
Cloudflare's fine print is longer than you think.
π§Longer than your Spotify Wrapped β for ALL of last year.
The 5 things you actually need to know
β±οΈ Saved you 29 min 8s- 1
You agree to arbitration and waive jury trials/class actions. Tough luck.
- 2
They can modify your content to improve performance or security.
- 3
Your data is used to improve their services, but not for AI training.
- 4
No refunds. You pay for the whole term even if you cancel early.
- 5
You're responsible if someone else messes with your account using your credentials.
Generated by AI from the actual contract β but for the lawyer-level breakdown, scroll down π
AI training
- Severity 1
"Cloudflare retains all right, title, and interest in all models, observations, reports, analyses, statistics, databases and other information created, compiled, analyzed, generated or derived by Cloudflare from server, network or traffic data generated by Cloudflare in the course of providing the Service (βNetwork Dataβ), and shall have the right to use Network Data for purposes of providing, maintaining, developing, and improving its Services."
Cloudflare uses your network and traffic data to improve its services, but they retain all rights to this data and any derived insights.
Your usage data is used to train Cloudflare's models, and you have no claim to any improvements or revenue generated from it.
Auto-renewal
- Severity 3
"All of your subscriptions to Paid Services with a Subscription Term will automatically renew for periods equal to your initial Subscription Term, and you will be charged at our then-current rates unless you cancel your subscription through the Servicesβ account dashboard prior to your next scheduled billing date."
Cloudflare automatically renews your subscription for the same term length and charges you at their current rates unless you cancel via the account dashboard before your next billing date.
If you forget to cancel, you'll be locked into another term at potentially higher prices without warning.
βοΈMatches FTC v. Amazon (Iliad Flow / Prime Enrollment) (2023)
Price hikes
No flags in this category.
Data residency
No flags in this category.
Termination friction
- Severity 4
"YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND CLOUDFLARE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION."
You and Cloudflare are waiving your right to a jury trial or to participate in any class action lawsuits.
You cannot sue Cloudflare as part of a group or have a judge or jury decide disputes; arbitration is the only option.
- Severity 4
"YOU AND CLOUDFLARE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Cloudflare agree otherwise, the arbitrator may not consolidate more than one personβs claims, and may not otherwise preside over any form of a representative or class proceeding."
You and Cloudflare can only bring claims against each other individually, not as a plaintiff or class member in any representative proceeding.
You cannot join with other users to sue Cloudflare, limiting your ability to seek collective redress.
- Severity 3
"You may terminate your account at any time through the Serviceβs account dashboard."
You can cancel your account at any time through the service's dashboard.
You have the ability to close your account whenever you choose via the provided interface.
βοΈMatches PayPal Account Hold / Freeze Class Action β settled for $4M (2021) - Severity 3
"You will lose your license to use the Service if you violate any provision of this Agreement. Cloudflare reserves the right to investigate violations of this Agreement. We reserve the right to disable or limit your access to or use of the Service ("Suspend") or terminate your user account upon receiving any number of DMCA notifications from content owners regarding your website(s), or upon learning through other means that you are a repeat infringer."
Cloudflare can disable your account or limit your access if you violate the agreement, receive DMCA notices, or are identified as a repeat infringer.
You risk losing access to the service and your data if Cloudflare decides you've broken their rules.
βοΈMatches PayPal Account Hold / Freeze Class Action β settled for $4M (2021) - Severity 3
"FEES ARE NONREFUNDABLE. YOU WILL BE BILLED IN FULL FOR THE SUBSCRIPTION TERM IN WHICH YOU CANCEL AND NO REFUNDS WILL BE PROVIDED FOR THE UNUSED PORTION OF SUCH SUBSCRIPTION TERM. Following any cancellation, however, you will continue to have access to the Paid Services through the end of your current Subscription Term (except with respect to Services subject to usage-based billing)."
Your subscription fees are non-refundable, and you won't get money back for unused portions if you cancel mid-term, though you keep access until the term ends.
Canceling your subscription early means you forfeit any remaining value for the current billing period.
βοΈMatches Adobe Early Termination Fee Class Action (2024) - Severity 3
"We may at our sole discretion terminate your user account or Suspend or terminate your use or access to the Service at any time, with or without notice for any reason or no reason at all. If we determine you have breached Section 2.2 or 2.7, we may immediately Suspend or terminate all or part of your use of the Services, or limit End User access to certain of your resources through the Services."
Cloudflare can terminate your account or suspend your access at any time, for any reason, with or without notice.
Your access to the service can be cut off unexpectedly, potentially disrupting your operations.
βοΈMatches PayPal Account Hold / Freeze Class Action β settled for $4M (2021) - Severity 3
"We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you. We will have no liability whatsoever on account of any change to the Service or any suspension or termination of your access to or use of the Service."
Cloudflare can change or discontinue the service at any time without notice, and they won't be liable for any issues this causes.
The service you rely on could be altered or removed without any warning, impacting your business.
βοΈMatches PayPal Account Hold / Freeze Class Action β settled for $4M (2021)
Liability caps
- Severity 4
"IN NO EVENT WILL THE CLOUDFLARE ENTITIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICES OR ANY MATERIALS OR CONTENT ON THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT THE CLOUDFLARE ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE."
Cloudflare is not liable for any indirect, special, consequential, or punitive damages related to your use or inability to use their services.
If Cloudflare's service causes significant indirect losses to your business, they won't pay for those damages.
βοΈMatches Yahoo! Customer Data Security Breach Settlement β settled for $118M (2019) - Severity 4
"YOU AGREE THAT THE AGGREGATE LIABILITY OF THE CLOUDFLARE ENTITIES TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE SERVICES (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES) OR OTHERWISE UNDER THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNTS YOU HAVE PAID TO CLOUDFLARE TO ACCESS AND USE THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIM."
Cloudflare's total liability to you for any claims related to the service is capped at the amount you paid them in the 12 months before the claim.
If Cloudflare's service causes you major financial harm, your recovery is limited to what you've already paid them.
βοΈMatches Capital One Data Breach Class Action β settled for $190M (2022) - Severity 3
"THE SERVICE ARE MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH THE EXPRESS UNDERSTANDING THAT THE CLOUDFLARE ENTITIES HAVE NO OBLIGATION TO MONITOR, CONTROL, OR VET USER CONTENT OR DATA. AS SUCH, YOUR USE OF THE SERVICES IS AT YOUR OWN DISCRETION AND RISK. THE CLOUDFLARE ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE SERVICES, ITS SAFETY OR SECURITY, OR THE SERVICES CONTENT. ACCORDINGLY, THE CLOUDFLARE ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE SERVICE'S INOPERABILITY, UNAVAILABILITY OR SECURITY VULNERABILITIES."
Cloudflare provides the service as-is and is not liable for any loss or damage arising from its inoperability, unavailability, or security vulnerabilities.
You bear the risk of any problems with the service, as Cloudflare disclaims responsibility for any resulting damages.
βοΈMatches Yahoo! Customer Data Security Breach Settlement β settled for $118M (2019) - Severity 3
"THE CLOUDFLARE ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION."
Cloudflare disclaims all warranties, express or implied, including those of merchantability and fitness for a particular purpose.
You cannot rely on Cloudflare's service to be suitable for your specific needs or of a certain quality.
Indemnification
- Severity 3
"You agree that you will be responsible for your use of the Service, and you agree to defend, indemnify, and hold harmless Cloudflare and its officers, directors, employees, consultants, Affiliates (as defined above), subsidiaries and agents (collectively, the "Cloudflare Entities") from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to, use of, or alleged use of the Service; (ii) your violation of this Agreement or any representation, warranty, or agreements referenced herein, or any applicable law or regulation; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; or (iv) any disputes or issues between you and any third party."
You must defend and pay for any legal claims against Cloudflare that arise from your use of their service, including violations of their terms or third-party rights.
You could be responsible for paying Cloudflare's legal fees if your actions lead to a lawsuit against them.
βοΈMatches T-Mobile Data Breach Settlement β settled for $350M (2022)
Silent term changes
- Severity 4
"We may at our sole discretion terminate your user account or Suspend or terminate your use or access to the Service at any time, with or without notice for any reason or no reason at all."
Cloudflare can terminate your account or suspend your access at any time, for any reason, without providing notice.
Your access to the service can be abruptly cut off without any prior warning.
βοΈMatches X Corp. Verified User Class Action (2024) - Severity 4
"We reserve the right to make modifications to this Agreement at any time. If a revision materially alters your rights we will use reasonable efforts to contact you, including sending a notification to the e-mail address(es) associated with your account. In some instances, such as with Free Services, you may be required to indicate your consent to the revised terms in order to continue accessing the Service."
Cloudflare can change the agreement terms at any time, and they'll try to notify you of material changes; for free services, you might need to actively consent to keep using them.
The rules governing your use of the service can change significantly, and you might have to re-agree to continue using it.
βοΈMatches Italian DPA (Garante) v. WhatsApp β settled for $6M (2022) - Severity 4
"Unless otherwise specified, any modifications to this Agreement will take effect at the start of Subscription Term following the notice. If you do not agree with the revised terms, your sole and exclusive remedy will be not to renew your Subscription."
Any changes to the agreement take effect at the start of your next subscription term, and if you disagree, your only option is to not renew.
You must accept new terms or stop using the service at renewal, with no option to negotiate or continue under old terms.
βοΈMatches X Corp. Verified User Class Action (2024) - Severity 4
"We reserve the right to disable or limit your access to or use of the Service ("Suspend") or terminate your user account upon receiving any number of DMCA notifications from content owners regarding your website(s), or upon learning through other means that you are a repeat infringer."
Cloudflare can disable or limit your access to the service or terminate your account if they receive DMCA notices or learn you are a repeat infringer.
Your access can be revoked due to copyright issues related to your website, even if you are not directly involved.
βοΈMatches X Corp. Verified User Class Action (2024) - Severity 4
"We also reserve the right to modify or discontinue the Service at any time (including, without limitation, by limiting or discontinuing certain features of the Service) without notice to you."
Cloudflare can modify or discontinue the service, including specific features, at any time without notifying you.
Features you rely on may be removed or the entire service could be altered without any advance notice.
βοΈMatches X Corp. Verified User Class Action (2024)
Better alternatives
Higher-rated vendors in developer tooling that may be safer than Cloudflare.
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