This analysis describes what 23andMe's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
The indemnification clause allocates legal and financial responsibility to users for defending 23andMe against third-party claims connected to user conduct or service use. This establishes that users bear the cost of defense and damages in covered scenarios rather than 23andMe bearing those costs directly.
Interpretive note: The enforceability and practical scope of consumer indemnification clauses varies by jurisdiction, particularly in California where courts apply unconscionability analysis to adhesion contracts.
The updated Terms now apply only to users who live outside the United States, Canada, EEA, UK, and Switzerland, or who access the Services from outside those regions. US, Canadian, EEA, UK, and Swiss users are directed to region-specific Terms instead. Additionally, when terms for a specific Service conflict with the main Terms, the specific Service terms now govern that portion of your use rather than the main Terms controlling. The mandatory arbitration provision remains in the document but is no longer prominently featured at the very beginning of the Terms.
View change record →The updated Terms of Service now apply exclusively to users in the United States, narrowing the geographic scope from the prior version that addressed users in multiple regions. The terms now contain a prominently featured mandatory arbitration provision that requires disputes to be resolved through individual arbitration on an individual basis rather than through jury trials or class action lawsuits. This means that if a user has a dispute with 23andMe, the updated terms require arbitration as the method of resolution instead of traditional litigation. Additionally, if a user purchases additional services, the main Terms of Service (including the arbitration provision) will control any conflicting terms from those additional services. You can review the complete updated Terms of Service through the link provided in the document.
View change record →The updated terms now apply only to users who live outside or access services outside the United States, Canada, EEA, UK, and Switzerland. Previously, the terms applied to US-based users. The terms also clarify that when service-specific terms conflict with the general Terms of Service, the service-specific terms will govern that particular service rather than the general terms controlling all conflicts. This means users of additional services may operate under different dispute resolution and governance procedures depending on which service they are using.
View change record →Users assume the obligation to pay 23andMe's legal expenses and damages if claims arise from their use of the service, their Terms violations, or their infringement of third-party rights. This obligation applies regardless of whether the user was negligent or intentional in the underlying conduct.
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"You agree to defend, indemnify, and hold harmless 23andMe, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with your access to or use of the Services, your violation of these Terms, or your violation of any third-party rights.— Excerpt from 23andMe's 23andMe Terms of Service
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The indemnification clause allocates legal and financial responsibility to users for defending 23andMe against third-party claims connected to user conduct or service use. This establishes that users bear the cost of defense and damages in covered scenarios rather than 23andMe bearing those costs directly.
Users assume the obligation to pay 23andMe's legal expenses and damages if claims arise from their use of the service, their Terms violations, or their infringement of third-party rights. This obligation applies regardless of whether the user was negligent or intentional in the underlying conduct.
ConductAtlas has identified this type of provision across 12 platforms. See the full comparison.
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