You agree to protect Amplitude from legal claims arising from how you use the platform or the data you send it, and Amplitude agrees to protect you from claims that its software infringes someone else's intellectual property.
This analysis describes what Amplitude'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 Customer's indemnification obligation is broad, covering any claim arising from Customer Data or unlawful use of the services, meaning that if a third party sues Amplitude because of data you sent to the platform, you bear the cost of defending that claim.
Interpretive note: The scope of Customer's indemnification for 'Customer Data' is broad and could extend to regulatory claims or third-party privacy claims arising from the Customer's own data collection practices, though the precise boundaries depend on interpretation of 'arising out of or related to Customer Data'.
Businesses that send unlawfully collected data to Amplitude, or that use the platform in violation of the agreement or applicable law, could be required to defend and pay for legal claims brought against Amplitude as a result. This places significant responsibility on the Customer to ensure its data collection practices and use of the platform are lawful.
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"Each party shall indemnify, defend, and hold harmless the other party and its officers, directors, employees, agents, and successors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) in the case of Customer, Customer's use of the Services in violation of this Agreement or applicable law, or Customer Data; and (b) in the case of Amplitude, Amplitude's infringement of a third party's intellectual property rights in the Services.— Excerpt from Amplitude's Amplitude Terms of Service
(1) REGULATORY LANDSCAPE: The Customer's indemnification for Customer Data implicates GDPR (where Customer is the data controller responsible for lawful collection of personal data), CCPA and CPRA (where the Customer bears responsibility for the lawfulness of data it collects and processes), and potentially sector-specific laws (HIPAA, COPPA) where the Customer operates in regulated industries. Regulatory enforcement actions for unlawful data collection are separate from and not limited by this contractual indemnification. (2) GOVERNANCE EXPOSURE: Medium to High for customers in regulated industries or those deploying session replay, behavioral tracking, or sensitive data analytics. The breadth of the Customer's indemnification obligation for 'Customer Data' means that any regulatory or third-party claim arising from the data the Customer sends to Amplitude could trigger indemnification obligations. This is a common SaaS structure but has materially greater implications where the Customer processes sensitive personal data. (3) JURISDICTION FLAGS: EU/EEA customers should note that as data controller under GDPR, they already bear primary regulatory responsibility for lawful processing, and this indemnification reinforces that allocation contractually. California customers should ensure their data collection practices comply with CPRA before deploying Amplitude's session replay or behavioral tracking features. Customers in healthcare (HIPAA) or serving minors (COPPA) face heightened exposure given the sensitivity of the data involved. (4) CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement teams should assess whether their own data collection practices are fully lawful before deploying Amplitude, particularly for session replay features that may capture sensitive user inputs. The indemnification scope should be reviewed against the Customer's own insurance coverage (particularly cyber liability and errors and omissions policies) to ensure coverage alignment. (5) COMPLIANCE CONSIDERATIONS: Legal and compliance teams should conduct a lawful basis assessment for all Customer Data sent to Amplitude, including session replay data, behavioral event data, and any user attributes. Cookie consent and tracking consent mechanisms should be reviewed to confirm they are adequate to support the data flows to Amplitude. Customers should confirm that their end-user privacy notices accurately disclose the categories of data sent to Amplitude and the purposes of that processing.
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The Customer's indemnification obligation is broad, covering any claim arising from Customer Data or unlawful use of the services, meaning that if a third party sues Amplitude because of data you sent to the platform, you bear the cost of defending that claim.
Businesses that send unlawfully collected data to Amplitude, or that use the platform in violation of the agreement or applicable law, could be required to defend and pay for legal claims brought against Amplitude as a result. This places significant responsibility on the Customer to ensure its data collection practices and use of the platform are lawful.
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