Provision record
Apple Pay · Apple Media Services Terms · View original document ↗

Waiver and Indemnity Clause

Medium severity Unique · 0 of 352 platforms
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Document Record

What it is

Users agree to indemnify Apple and its affiliates against claims arising from their breach of the agreement or their use of the services, and waive the right to seek damages from Apple for content removal, service suspension, or account termination decisions made during or following a suspected violation investigation. Both obligations apply to the extent permitted by law.

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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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

This provision establishes that users bear indemnification obligations for Apple's costs arising from their use of the services, and separately waive damages claims against Apple arising from enforcement actions taken during violation investigations. The waiver covers actions taken on the basis of suspected rather than confirmed violations.

If You Do Nothing

⚠ The indemnification and waiver obligations apply as written upon use of the services

⚠ Users who experience service suspension or content removal during a suspected violation investigation cannot recover damages from Apple under these terms, subject to applicable law

Cross-platform context

See how other platforms handle Waiver and Indemnity Clause and similar clauses.

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▸ View Original Clause Language DOCUMENT RECORD
"
BY USING THE SERVICES, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN BY APPLE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. YOU AGREE THAT YOU SHALL NOT SUE OR RECOVER ANY DAMAGES FROM APPLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR DENY ACCESS TO ANY INFORMATION OR CONTENT, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF APPLE'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED.

Excerpt from Apple Pay's Apple Media Services Terms

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

1.

Insight

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Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • FTC
    The FTC has authority over unfair or deceptive practices in consumer contracts, including broad indemnification and damages waiver clauses
    File a complaint →

Applicable regulations

FTC Act Section 5
United States Federal

Provision details

Document information
Document
Apple Media Services Terms
Entity
Apple Pay
Document last updated
May 5, 2026
Tracking information
First tracked
Sept. 15, 2026
Last verified
Sept. 15, 2026
Record ID
CA-P-00023009
Document ID
CA-D-00023
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
afb94356050957a367c03edb2dd0871757f9980e40da168057d392ce42a29210
Analysis generated
September 15, 2026 02:01 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: Apple Pay
Document: Apple Media Services Terms
Record ID: CA-P-00023009
Captured: 2026-09-15 02:01:33 UTC
SHA-256: afb94356050957a3…
URL: https://conductatlas.com/platform/apple-pay/apple-media-services-terms/waiver-and-indemnity-clause/
Accessed: Sept. 26, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
Medium
Categories

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Frequently Asked Questions

What does Apple Pay's Waiver and Indemnity Clause clause do?

This provision establishes that users bear indemnification obligations for Apple's costs arising from their use of the services, and separately waive damages claims against Apple arising from enforcement actions taken during violation investigations. The waiver covers actions taken on the basis of suspected rather than confirmed violations.

Is ConductAtlas affiliated with Apple Pay?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Apple Pay.