Last updated: December 6, 2023
These Cloudflare One Agent Terms of Service (“Terms”) together with any plan or feature limits, product disclaimers, or other restrictions presented to you in the Cloudflare One Agent application from which these terms are linked (“Cloudflare One Application”) (collectively, the “Agreement”) govern your access and use of the Cloudflare One Application. As used in this Agreement, “Cloudflare,” “Us” or “We” refers to Cloudflare, Inc.
By downloading, installing, accessing, or using the Cloudflare One Application you agree to be bound by this Agreement on behalf of yourself and the organization you represent, if any. If you are accepting on behalf of your organization, do not install or access this Cloudflare One Application unless you are authorized to represent that organization. PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONSTITUTES A LEGAL AGREEMENT BETWEEN YOU AND CLOUDFLARE. If you do not agree to this Agreement, you are not authorized to download, install, access, use, or copy the Cloudflare One Application and Cloudflare does not grant you a license, nor any right to access or use the Cloudflare One Application.
2. Scope of License
You are granted a non-exclusive, personal, revocable, non-transferable license to use the Cloudflare One Application on the device for which it is provided and that you own or control, subject to any terms of service, usage rules, or other terms and conditions provided by the Third Parties (defined below).
You agree to use the Cloudflare One Application, and all related software or updates provided to you by Cloudflare in accordance with this Agreement and not to modify, decompile, reverse engineer, or create derivative works of the Cloudflare One Application. Except as otherwise required by applicable law or regulation, Cloudflare, at any time in its sole discretion and without prior notice, may (i) terminate your use and license of the Cloudflare One Application, (ii) expand, reduce, or suspend your use of the Cloudflare One Application, (iii) update, revise, or modify the Cloudflare One Application, or (iv) discontinue support for the Cloudflare One Application.
The Cloudflare One Application is licensed, not sold. It is owned, as applicable, by Cloudflare, their affiliates, agents, or licensors and is protected by United States copyright laws and international treaty provisions. Except for the limited license expressly granted in this Agreement, Cloudflare, their affiliates, agents, or licensors reserve all right, title, and interest in and to the Cloudflare One Application. All content, trademarks, services marks, trade names, logos, and icons are proprietary to Cloudflare, their affiliates, agents, or licensors. You may not remove any proprietary notices (e.g., copyright and trademark notices) from the Cloudflare One Application.
3. VPN Profile
Although the Cloudflare One Application will need to install a VPN profile on your device and operates similarly to a VPN product or service, the Cloudflare One Application is not designed to hide your identity from the Internet properties you access from your device.
4. Cloudflare Zero Trust
The Cloudflare One Application is part of the Cloudflare Zero Trust offerings to which your Organization subscribes to under a separate agreement with Cloudflare (“Subscription Agreement”). Your use of the Cloudflare One Application as part of Cloudflare Zero Trust is subject to both this Agreement and the Subscription Agreement. In the event of a conflict between this Agreement and the Subscription Agreement, the Subscription Agreement controls.
We do not guarantee the continuous availability of the Cloudflare One Application or of any specific feature(s) or services of the Cloudflare One Application. Cloudflare will inform you of any significant changes to the Cloudflare One Application it may occasionally make. Cloudflare may impose usage or service limits, suspend service, or block certain kinds of usage at our sole discretion. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur. The speed and quality of the Cloudflare One Application may vary and the Cloudflare One Application is subject to unavailability, including emergencies, third party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and maintenance and repair. The Cloudflare One Application may be interrupted, refused, limited, or curtailed. Cloudflare is not responsible for any failures to maintain the confidentiality, security, accuracy, or quality of your data, messages, or pages whether or not related to interruptions or performance issues with the Cloudflare One Application.
6. User Responsibilities
A device enabled to access the Internet is required to utilize the Cloudflare One Application. You are solely responsible for ensuring that your device is sufficient and compatible for use with the Cloudflare One Application. Cloudflare may not be used to misrepresent or to act on behalf of others. All messages you transmit through the Cloudflare One Application shall identify you as the sender.
You will not use the Cloudflare One Application to:
Engage in any activities that are illegal;
Transmit content that infringes on any person’s intellectual property rights or that is otherwise unlawful;
Alter the attribution of origin in electronic mail messages or posting;
Interfere with, disrupt, alter, or modify the Cloudflare One Application, or any part thereof, or create an undue burden on the Cloudflare One Application or the networks or services connected to the Cloudflare One Application.
You shall at all times abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Cloudflare One Application, including those related to data privacy, international communications and the transmission of technical or personal data. If Cloudflare is contacted with a complaint regarding or arising from your use of the Cloudflare One Application, Cloudflare may deem your service usage in violation of this Agreement and terminate your account without notice.
7. Third Parties
The Agreement forms a contract between you and Cloudflare, as applicable. Your wireless carrier, Internet service provider, the manufacturer and retailer of the device on which you install the Cloudflare One Application, the developer of the operating system for your device, and the operator of any application store or similar service through which you obtain the Cloudflare One Application (collectively, the “Third Parties”) are not parties to this Agreement. The Third Parties do not own and are not responsible for the Cloudflare One Application. The Third Parties are not providing any warranty for the Cloudflare One Application. They are not responsible for maintenance or other support services for it and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the Cloudflare One Application. Any inquiries or complaints relating to the use of the Cloudflare One Application, must be directed to the correct address provided in the “contact information” below.
By accepting this Agreement, you also accept that you comply with all applicable Third Party terms of agreement when using the Cloudflare One Application. You acknowledge and agree that the Third Parties and their subsidiaries are third party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of it, they will have the right to enforce this Agreement against you as a third party beneficiary of this Agreement.
8. Beta Services
From time to time, we may make non-production services and software (“Beta Services”) that are under development available to you at no charge. You may access these Beta Services at your Organization’s sole discretion. Beta Services are intended for testing purposes only, and may be subject to additional terms that will be presented to you at the time of sign-up. Cloudflare is not obligated to provide you with support for the Beta Services or correct any bugs, defects, or errors in the Beta Services. Unless otherwise stated, any Beta Services testing period will expire upon the earlier of one year from the testing start date or the date that a version of the Beta Services becomes generally available without the applicable Beta Services designation. We may discontinue, suspend, or remove Beta Services (including any of your Information stored as part of the Beta Services) or your access thereto at any time in our sole discretion and may never make them generally available. You understand that any information you obtain regarding Beta Services is Cloudflare confidential information, and you agree not to disclose such information until a Beta Service becomes generally available, except as required by law, and to only use such information in connection with your use of the Beta Services. Notwithstanding Section 11, we will have no liability for any harm or damage arising out of or in connection with any Beta Services.
9. Trade Sanctions and Export Control
The Cloudflare One Application contains encryption and is subject to export laws and regulations of the United States and to export and/or import control laws of other nations. You may not use the Cloudflare One Application for any reason if you or your Organization are: (a) subject to sanctions or otherwise designated on any list of prohibited or restricted parties, including but not limited to the lists maintained by the U.S. Government (e.g., the Specially Designated Nationals List and Foreign Sanctions Evaders List of the U.S. Department of Treasury, and the Entity List of the U.S. Department of Commerce), the European Union or its Member States, or other applicable government authority; or (b) a ‘military end user’ located in China, Russia, or Venezuela, or will use the Cloudflare One Application for a ‘military end use’, as defined in 15 CFR § 744.21. You may not use the Cloudflare One Application to export or re-export any information or technology to any country, individual, or entity to which such export or re-export is restricted or prohibited. Your rights to use the Cloudflare One Application are granted on condition that such rights are forfeited if you fail to comply with the terms of this section or any other provision of this Agreement.
10. Disclaimer of Warranties
THE CLOUDFLARE ONE APPLICATION IS MADE AVAILABLE TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. AS SUCH, YOUR USE OF THE CLOUDFLARE ONE APPLICATION IS AT YOUR OWN DISCRETION AND RISK. CLOUDFLARE MAKE NO CLAIMS OR PROMISES ABOUT THE QUALITY, ACCURACY, OR RELIABILITY OF THE CLOUDFLARE ONE APPLICATION, ITS SAFETY OR SECURITY, OR THE SERVICES CONTENT. ACCORDINGLY, CLOUDFLARE IS NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE, FOR EXAMPLE, FROM THE CLOUDFLARE ONE APPLICATION’S INOPERABILITY, UNAVAILABILITY, OR SECURITY VULNERABILITIES. CLOUDFLARE EXPRESSLY DISCLAIMS 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.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CLOUDFLARE 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 CLOUDFLARE ONE APPLICATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CLOUDFLARE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
YOU AGREE THAT THE AGGREGATE LIABILITY OF CLOUDFLARE TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF RELATING TO THE USE OF OR ANY INABILITY TO USE THE CLOUDFLARE ONE APPLICATION (INCLUDING ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICES) OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO AND SHALL NOT EXCEED THE GREATER OF THE AMOUNTS YOUR ORGANIZATION PAID TO CLOUDFLARE FOR ACCESS TO THE CLOUDFLARE ONE APPLICATION AND $0.1111.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES. ACCORDINGLY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
12. Third Party Software
The Cloudflare One Application and future enhancements may contain certain third party components (“Third Party Components”) which may be provided to you under terms and conditions which are different from this Agreement, or which require Cloudflare to provide you with certain notices and/or additional information. Your use of each Third Party Component will be subject to the terms and conditions of those other terms and conditions. CLOUDFLARE MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, WITH REGARD TO ANY THIRD-PARTY COMPONENTS. ALL THIRD-PARTY COMPONENTS ARE PROVIDED “AS-IS,” WITHOUT WARRANTIES OF ANY KIND. IN NO EVENT WILL CLOUDFLARE BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE THIRD PARTY COMPONENTS, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
As part of the Cloudflare One Application, you may receive push notifications, text messages, alerts, or other types of messages sent to you outside or inside the Cloudflare One Application from your Organization (“Push Messages”). Please be aware that messaging fees may apply depending on the message plan you have with your wireless carrier. Cloudflare disclaims all liability for Push Messages sent erroneously due to technical failures or errors.
14. Cloudflare One Application Updates
Cloudflare or your Organization may require you to update your version of the Cloudflare One Application at any time. While effort will be made to retain your personal settings and preferences, there is still the possibility that they may be lost.
15. Changes to the Terms
Cloudflare reserves the right to make modifications to this Agreement at any time. If a revision materially alters your rights we will use reasonable efforts to make such information available to you. In some instances, you may be required to indicate your consent to the revised terms in order to continue accessing the Cloudflare One Application.. It is your responsibility to visit the terms section of the Cloudflare One Application to review the most current terms and conditions.
16. Governing Law
This Agreement is governed by the laws of the State of California without regard to conflict of law principles. To the extent that any lawsuit or court proceeding is permitted hereunder, you and Cloudflare agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California for the purpose of litigating all such disputes.
17. Contact Information
This Cloudflare One Application is operated by Cloudflare, Inc., located at 101 Townsend St., San Francisco, California 94107. You may contact us by sending correspondence to the foregoing address (Attention: Legal Department) or by emailing us at firstname.lastname@example.org.
This Agreement and the related terms referenced above constitute the entire understanding and agreement between us and you with respect to the transactions contemplated in this Agreement and supersedes all prior or contemporaneous oral or written communications with respect to the subject matter of this Agreement, all of which are merged into this Agreement. Except as provided above, this Agreement may not be modified, amended or in any way altered except by an instrument in writing signed by authorized representatives of both parties. In the event any provision of this Agreement is found invalid or unenforceable pursuant to judicial decree, the remainder of this Agreement will remain valid and enforceable according to its terms. Any failure by Cloudflare to strictly enforce any provision of this Agreement will not operate as a waiver of that provision or any subsequent breach of that provision. The disclaimers and limitations of liability will survive any termination or expiration of this Agreement.
If you have questions about these terms or anything else about Cloudflare, please don't hesitate to contact us:
+1 (650) 319-8930
101 Townsend St,
San Francisco, CA 94107