Compare indemnification governance provisions between GitHub and Cursor. Provisions are extracted from monitored governance documents and classified by severity.
The indemnification clause allocates to users the financial and legal responsibility for defending GitHub against third-party claims related to user conduct. This shifts the cost of potential litigation and settlements from GitHub to users, subject to procedural safeguards requiring notice and user control over the defense.
Consumer impact
Users assume the obligation to pay for GitHub's legal defense and any resulting damages or settlements in disputes arising from their use of the service or agreement violations. This obligation applies to attorneys' fees and related expenses, though users retain control over how claims are defended and settled.
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Actual clause text
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys' fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that GitHub (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases GitHub of all liability); and (3) provides to you all reasonable assistance, at your expense.
AI-extracted from source document. Verify against original for legal use.
No Indemnification clause found in our archive for this platform.
AI Difference AnalysisProfessional
Stripe's arbitration clause is narrower than Amazon's in one key respect: it includes a small claims court carve-out that Amazon's clause does not. PayPal's clause is the most aggressive of the three, explicitly waiving jury trial rights in addition to class action rights. From a compliance perspective, Amazon presents the lowest risk for B2B contracts while PayPal creates the highest exposure for consumer-facing applications subject to CFPB oversight.