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SaaSGuard Risk Report

Netlify

netlify.com

Generated May 4, 2026

Grade B

Score: 70 / 100

Executive summary

We analyzed Netlify’s Terms of Service across 8 risk dimensions and found 6 flagged clauses across 4 categories.

Flagged clauses by category

AI training on your data (1)

  • Severity 3 · notable

    By submitting, posting or publishing your content, suggestions, enhancement requests, recommendations, feedback, information, comments or transmitting your data (“Content”) through this Website, you grant Netlify a perpetual, irrevocable, worldwide, non-exclusive, royalty-free right and license (with the right to sublicense) to use, incorporate, display, perform, reproduce, distribute, and prepare derivative works of your Content solely as necessary to provide, operate, maintain, secure, and improve the Website.

    By submitting content, Netlify obtains a perpetual, worldwide, royalty-free license to use, reproduce, distribute, and create derivative works of your content to operate, maintain, secure, and improve the Website.

    Netlify can use your content for any purpose related to the website, even after you stop using it.

Liability caps (2)

  • Severity 4 · material

    IN NO EVENT WILL NETLIFY BE LIABLE TO YOU FOR LOST PROFITS, LOST REVENUES, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER AND/OR DEVICE OR TECHNOLOGY FAILURE OR MALFUNCTION OR FOR ANY FORM OF DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES BASED ON ANY CAUSES OF ACTION ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR ANY MATERIALS OR CONTENT ON THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT NETLIFY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

    Netlify is not liable for any indirect, special, incidental, consequential, exemplary, or punitive damages, including lost profits or goodwill, arising from your use or inability to use the Website.

    You cannot recover damages from Netlify for most business-related losses if something goes wrong with the service.

  • Severity 4 · material

    NETLIFY’S AGGREGATE LIABILITY FOR ALL CLAIMS, LOSSES, LIABILITIES OR DAMAGES IN CONNECTION WITH THIS AGREEMENT, YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE WEBSITE OR CONTENT ON THE WEBSITE, WHETHER AS A RESULT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, REGARDLESS OF THE THEORY OF LIABILITY, IS LIMITED TO NO MORE THAN THE LESSER OF (A) THE TOTAL FEES PAID BY YOU IN THE THEN-CURRENT MONTH OR (B) ONE HUNDRED DOLLARS (US $100).

    Netlify's total liability for all claims related to the Website is capped at the lesser of your monthly fees or $100.

    Your ability to recover financial losses from Netlify is severely limited, regardless of the damages incurred.

Indemnification (1)

  • Severity 3 · notable

    You shall indemnify, defend and hold harmless Netlify and its officers, directors and employees, from and against all third party claims, losses, damages, costs and liabilities, including reasonable attorneys’ fees, arising out of or relating to your use of the Website, your Content, or any products or services offered by you to a third party, or obtained by you from a third party, via the Website.

    You will defend and cover Netlify for all third-party claims, losses, damages, costs, and liabilities, including attorney fees, that arise from your use of the Website, your content, or any products/services you offer or obtain through the Website.

    You are responsible for any legal issues that arise from your actions on Netlify's platform.

Right to silently change terms (2)

  • Severity 4 · material

    Netlify may revise these Terms from time to time. The revised Terms will supersede prior versions. Unless stated otherwise, revisions will be effective upon the effective date indicated at the top of these Terms.

    Netlify can change the Terms at any time, and the new terms will replace the old ones unless otherwise specified.

    Netlify can unilaterally change the rules you agree to, potentially impacting your rights and obligations.

  • Severity 3 · notable

    Your continued access or use of the Website constitutes your acceptance of any revisions. If you do not agree to the revisions, you should stop using the Website.

    Continuing to use the Website after Netlify revises the Terms means you accept the new terms. If you disagree, you must stop using the Website.

    You automatically agree to new terms by continuing to use the service, even if you haven't reviewed them.

Methodology

SaaSGuard uses an automated pipeline: a daily Playwright crawler captures each vendor’s public Terms of Service, Privacy Policy, and DPA. Google’s Gemini 2.5 Flash classifies each clause into one of 8 risk categories with a severity score (1–5). Clauses are cross-referenced against a curated database of real lawsuits and FTC actions via embedding-based similarity matching. Grades are computed from per-category max severity; full source code is available on request.

Built for educational and informational purposes. Not legal advice. Always have your own counsel review SaaS contracts before signing.

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