“BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD APPLE...HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES...”
This analysis describes what Apple Pay'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
Users bear financial responsibility for defending Apple against third-party or other claims that arise from their own use of the Services or breach of the Agreement.
Interpretive note: The evidence span contains an ellipsis indicating omitted text between 'APPLE' and 'HARMLESS'. The indemnified parties may be more specifically defined in the omitted portion, which cannot be stated from the quoted language alone.
The updated terms establish new restrictions on how users may employ Apple's services and content. Users are now explicitly prohibited from using Services, Content, or any outputs from them to train, fine-tune, or improve any artificial intelligence model or other software. For subscription commitments, refunds are limited to periods of access already paid for but not yet provided, with no refund due for future billing periods where payment has not yet been collected. Free trials or offers cannot be combined with any Apple Bundle (expanded from Apple One only), and trials will not be paused if you subscribe to an Apple Bundle, even if you have access to the same subscription through the bundle. You can cancel your subscription in your account settings at any time without additional charge if you do not wish to receive added services or features.
View change record →A reader who uses Apple Pay's Services accepts an obligation, to the extent permitted by law, to indemnify Apple against claims arising from the reader's breach of the Agreement or use of the Services.
How other platforms handle this
Smartsheet has no obligation or liability under this Section 7.1 to the extent any Claim Against Customer arises from...use of the Services or Customizations by Customer after notice by Smartsheet to discontinue use.
You agree to promptly notify the Workday Parties of any Claims, cooperate with the Workday Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims...
You shall cooperate with us in the defense of any Claim.
"BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD APPLE...HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES...Excerpt from Apple Pay's Apple Media Services Terms
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Users bear financial responsibility for defending Apple against third-party or other claims that arise from their own use of the Services or breach of the Agreement.
A reader who uses Apple Pay's Services accepts an obligation, to the extent permitted by law, to indemnify Apple against claims arising from the reader's breach of the Agreement or use of the Services.
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
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