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Users agree to defend and indemnify AI21, its affiliates, officers, directors, employees, and agents from any claims, damages, costs, and attorney fees arising from the user's breach of the agreement, unauthorized use of AI21 materials, or use of information obtained from the website.
This analysis describes what AI21 Labs'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
This provision requires users to cover AI21's legal costs and damages arising from user actions that breach the agreement or involve unauthorized use of website materials. The scope of indemnification extends to all AI21 affiliates and their personnel.
The updated terms remove the explicit "Your Opt-Out Rights" button that previously allowed users to opt out of data sales and targeted advertising. In its place, the revised language establishes a general cookie consent framework requiring users to click "Accept" to allow cookies for site navigation, usage analysis, and marketing efforts. Users retain the ability to choose not to allow certain cookie types, but the prior dedicated opt-out mechanism for data sales and targeted advertising is no longer explicitly described in the accessible terms interface. If you wish to control cookie preferences, you can click on the cookie settings to modify consent for different types of cookies; however, strictly necessary cookies cannot be declined as they are required for core website functionality.
View change record →Under this clause, users are contractually obligated to defend and indemnify AI21 and its affiliates from claims and legal costs resulting from the user's breach of the agreement or unauthorized use of AI21 materials, which could include attorney fees and damages.
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"You agree to defend, indemnify and hold harmless AI21 and AI21 Affiliates, and our respective officers, directors, employees and agents, from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of this Agreement, your use of AI21 Materials other than as expressly authorized in this Agreement, or your use of any information obtained from the Website.Excerpt from AI21 Labs's Terms of Use
1. REGULATORY LANDSCAPE: Broad indemnification clauses in consumer-facing contracts may be subject to scrutiny under EU Unfair Contract Terms Directive and equivalent national laws in EU member states. In the U.S., state consumer protection statutes may limit the enforceability of indemnification obligations against individual consumers. The FTC has general oversight over unfair contract terms. 2. GOVERNANCE EXPOSURE: Medium. The indemnification scope is broad, covering all claims arising from any breach of the agreement or unauthorized use, and extends to all affiliates and their personnel. For organizational users, this creates potential exposure if employees access the website in ways that breach the terms. 3. JURISDICTION FLAGS: EU/EEA consumers may have protections against broad indemnification clauses under the Unfair Contract Terms Directive. California consumers may have similar protections under state law. 4. CONTRACT AND VENDOR IMPLICATIONS: Organizations should assess the indemnification scope in the context of their employees' use of the AI21 website. The extension of indemnification to AI21 affiliates and their personnel is broader than some comparable website terms and should be noted in vendor assessments. 5. COMPLIANCE CONSIDERATIONS: Legal teams should evaluate whether this indemnification clause is enforceable in their users' jurisdictions and whether internal acceptable use policies for the AI21 website are adequate to minimize indemnification exposure.
This provision requires users to cover AI21's legal costs and damages arising from user actions that breach the agreement or involve unauthorized use of website materials. The scope of indemnification extends to all AI21 affiliates and their personnel.
Under this clause, users are contractually obligated to defend and indemnify AI21 and its affiliates from claims and legal costs resulting from the user's breach of the agreement or unauthorized use of AI21 materials, which could include attorney fees and damages.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by AI21 Labs.