Both you and Atlassian agree to defend and compensate each other if a third party brings a legal claim resulting from the other party's breach of this agreement.
This analysis describes what Atlassian'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 mutual indemnification structure means that customers may be required to indemnify Atlassian against third-party claims arising from the customer's breach or misuse of the products, which could create financial exposure in the event of a significant incident.
Interpretive note: The precise triggering conditions for customer indemnification obligations depend on agreement language that may not be fully detailed in the base document; the full indemnification section should be reviewed in context.
If your organization's use of Atlassian products leads to a third-party legal claim against Atlassian, this provision requires your organization to defend Atlassian and cover resulting damages and legal fees, subject to the conditions stated in the agreement.
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Any access to or use of the Services or goods through your account by others, including your spouse, dependents, Recipients, and any access by AI Agents you enable or that operate on your behalf...
You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to the Services.
These indemnity obligations shall survive any expiration or termination of your relationship with Chegg.
"Each party will defend the other party against any third-party claim arising from the indemnifying party's breach of this Agreement, and will indemnify and hold harmless the indemnified party from any damages, costs, and fees (including reasonable attorneys' fees) finally awarded against the indemnified party as a result of such claim.Excerpt from Atlassian's Cloud Terms
REGULATORY LANDSCAPE: Mutual indemnification clauses are standard in commercial SaaS agreements and do not directly engage a specific regulatory framework, though the scope of the indemnification obligation may interact with insurance requirements and risk allocation …
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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The mutual indemnification structure means that customers may be required to indemnify Atlassian against third-party claims arising from the customer's breach or misuse of the products, which could create financial exposure in the event of a significant incident.
If your organization's use of Atlassian products leads to a third-party legal claim against Atlassian, this provision requires your organization to defend Atlassian and cover resulting damages and legal fees, subject to the conditions stated in the agreement.
ConductAtlas has identified this type of provision across 229 platforms. See the full comparison.
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