Webflow

Severity 5 · egregious

“By using the Platform, you grant Webflow (including our third party hosting providers acting on our behalf) a non-exclusive, royalty-free, transferable, sub-licensable, worldwide right and license to use, host, store, modify, reproduce, display, distribute, publish, publicly display, publicly perform, and create derivative works (e.g., those resulting from you enabling localization translations and adaptations) of your Website Content for the purposes of providing, improving, testing, promoting, and securing the Platform.”

Webflow can use your website content to improve their platform, including for AI training, and they have a perpetual, worldwide license to do so.

Anything you put on your website could be used by Webflow to train their AI models, with no end date or compensation to you.

Matches Andersen v. Stability AI, Midjourney, DeviantArt (2023)

Severity 3 · notable

“For annual payment plans, the Platform is billed up front for one (1) year subscription periods and is non-refundable. Your annual plan will automatically renew for successive one (1) year subscription periods, and you will be charged the applicable Fees on each annual anniversary of your purchase, unless you cancel the plan(s) on your Account prior to the end of the then-current annual term.”

Webflow automatically renews your annual subscription and charges you the current rate unless you cancel at least 30 days before renewal.

If they raise prices and you miss the 30-day window, you're locked in for another full year at the new, higher price.

Matches FTC v. Amazon (Iliad Flow / Prime Enrollment) (2023)

Severity 4 · material

“Unless you have separately executed an Order Form, we reserve the right to change our fees and to institute new charges at any time (including, for clarity, for any renewal), upon notice to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Webflow in our sole discretion. Your use of the Platform following such notification constitutes your acceptance of any new or increased fees.”

Webflow can change their prices at any time, even for renewals, and your continued use of the platform means you accept the new fees.

You could be charged more for your subscription upon renewal without explicit agreement, simply by continuing to use the service.

Matches FTC v. MoviePass / Helios and Matheson Analytics (2021)

Severity 3 · notable

“You understand that your Personal Information will be collected, used, transferred to, and processed in the United States as part of your use of the Platform.”

Your personal information will be processed in the United States when you use Webflow.

Your data will be stored and handled in the US, which may have different privacy protections than your home country.

Matches Schrems II (Data Protection Commissioner v. Facebook Ireland) (2020)

Severity 4 · material

“We may permanently or temporarily terminate, downgrade, suspend, or prohibit your access to the Platform without prior notice if, in our sole determination, you violate any provision of this Agreement or Webflow’s policies or guidelines.”

Webflow can terminate or suspend your access to the platform without notice if you violate their terms or policies.

You could lose access to your website and all your work without warning if Webflow decides you've broken a rule.

Matches PayPal Account Hold / Freeze Class Action — settled for $4M (2021)

Severity 5 · egregious

“THE PLATFORM, MARKETPLACE, MARKETPLACE PRODUCTS, AND ALL WEBFLOW IP ARE PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, CURRENTNESS, FREEDOM FROM INTERRUPTION, VIRUSES OR OTHER DEFECT, AND NON-INFRINGEMENT.”

Webflow provides its platform and services 'as is' without any warranties, meaning they are not responsible if it's inaccurate, incomplete, or has errors.

You have no guarantee that the platform will work correctly or be free from bugs, and Webflow won't compensate you for issues.

Severity 5 · egregious

“IN NO EVENT SHALL WEBFLOW, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, OR COSTS RELATED TO THIS AGREEMENT IN AN AMOUNT EXCEEDING $100.”

Webflow's total liability to you for any claims is capped at a maximum of $100.

If Webflow causes significant damage or loss, you can only recover a tiny fraction of your actual losses.

Matches Capital One Data Breach Class Action — settled for $190M (2022)

Severity 3 · notable

“You agree to indemnify, defend, and hold harmless Webflow (including its Affiliates and its and their members, officers, directors, managers, employees, agents, successors, and permitted assigns) from and against any third-party claims, demands, proceedings, losses, liabilities, and all related costs and expenses, including without limitation reasonable attorneys’ fees (collectively, “Losses”), arising from or relating to (a) your (or in the context of Website Designers, your clients’) use of the Platform, including but not limited to your Website Content, your use of Additional Product Offerings, and any claims by, on behalf of or against your End Users); (b) your (or in the context of Website Designers, your clients’) violation or breach of these Terms or any obligations, representations, or warranties under this Agreement; (c) your violation or breach of any applicable laws, rules, or regulations or the rights or good name of any third party; (d) any claims from or by tax authorities in any country in relation to your E-Commerce Activities, including without limitation your sales to individual consumers (including distance sales) and other operations for which Webflow may be held jointly and severally liable.”

You must defend Webflow against any third-party claims that arise from your use of the platform, including content you post or violations of their terms.

You could be responsible for paying legal fees and damages if someone sues Webflow because of something you did on their platform.

Matches T-Mobile Data Breach Settlement — settled for $350M (2022)

Severity 4 · material

“We reserve the right to modify, update, or change these Terms from time to time in the usual course of business (such modified Terms, the "Updated Terms"), so we encourage you to review this page periodically. Notwithstanding, when we change these Terms in a material manner, we will update the effective date at the top of this page and provide you with reasonable advance notice before the Updated Terms become effective. Webflow may provide such notifications to you via email notice, written or hard copy notice, and/or through posting of such notice on the Platform. We reserve the right to determine the form and means of providing notifications to you. You may be required to click-to-accept or otherwise agree to the Updated Terms, but in any event your continued use or access of the Platform after the effective date of the Updated Terms shall constitute your agreement to the Updated Terms. Therefore, you should review these Terms and any Updated Terms before using the Platform. Updated Terms will be effective as of the date specified in the effective date at the top of this page, and will apply to your use of the Platform from that point forward.”

Webflow can change the terms of service at any time, and you agree to the new terms by continuing to use the platform after they are updated.

You might be bound by new rules and obligations without actively agreeing to them, simply by continuing to use the service.

Matches Italian DPA (Garante) v. WhatsApp — settled for $6M (2022)

Severity 4 · material

“We reserve the right, which we may exercise at any time and in our sole discretion, and without liability or notice to you (except where prohibited by applicable law): (a) we may change parts or all of the Platform and its functionality; (b) we may suspend or discontinue parts or all of the Platform; (c) we may terminate, suspend, restrict or disable your access to or use of parts or all of the Platform; (d) we may terminate, suspend, restrict or disable access to your Account or parts, some of, or all of your Website Content; (e) we may change our eligibility criteria to use the Platform (and if such eligibility criteria changes are prohibited by law where you live, we may revoke your right to use the Platform in that jurisdiction); and (f) we may monitor or scan your Website Content and/or Account for abusive, spammy, or similar malicious behavior and take appropriate actions including but not limited to removal of Website Content and suspension or termination of your Account.”

Webflow can change, suspend, or disable parts or all of the platform, your account, or your content at any time without notice.

Your website could be taken down or altered without warning, potentially impacting your business operations.

Matches X Corp. Verified User Class Action (2024)