If a third party sues AWS because of something you or your users did while using AWS services, you are required to pay AWS's legal costs and any damages awarded. This covers actions by anyone operating under your account.
This analysis describes what AWS'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 clause creates potentially significant financial exposure for customers if their use of AWS, or the actions of their end users, leads to third-party legal claims against AWS, including claims arising from the content customers store or process on AWS.
Removal of the explicit indemnification clause eliminates customer obligation to defend AWS against third-party claims related to customer use and content, reducing customer liability.
View full change record →Customers are contractually obligated to cover AWS's legal defense costs and any resulting damages if third parties bring claims related to the customer's use of AWS services or content. This is particularly significant for businesses that host user-generated content or operate consumer-facing applications on AWS infrastructure.
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"You will defend, indemnify, and hold harmless us, our affiliates and licensors, and each of their respective employees, officers, directors, and representatives from and against any Losses arising out of or relating to any third-party claim concerning: (a) your or any End Users' use of the Service Offerings (including any activities under your AWS account and use by your employees and personnel); (b) breach of this Agreement or violation of applicable law by you, End Users, or Your Content; or (c) a dispute between you and any End User.— Excerpt from AWS's AWS Customer Agreement
REGULATORY LANDSCAPE: Broad indemnification clauses of this type are reviewed under general contract law principles and state-specific unconscionability doctrines. In regulated industries, indemnification obligations may interact with sector-specific liability frameworks. California and New York have consumer protection statutes that may limit the enforceability of indemnification clauses in standard form contracts. GOVERNANCE EXPOSURE: Medium. The indemnification obligation is broadly standard in cloud and SaaS agreements. However, its extension to all End User activity and all third-party claims related to customer content creates significant potential financial exposure for businesses hosting large volumes of user-generated content or operating in legally sensitive verticals such as healthcare, financial services, or media. JURISDICTION FLAGS: Some EU jurisdictions impose restrictions on indemnification clauses in standard form contracts that may limit enforceability against small businesses or consumers. California's reasonable expectations doctrine and UK unfair contract terms legislation may also apply. Customers operating in multiple jurisdictions should assess whether local law constrains this obligation. CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should assess whether the indemnification scope is consistent with the customer's liability insurance coverage, particularly errors and omissions and cyber liability policies. Legal teams should evaluate whether the clause as written could require the customer to indemnify AWS for claims arising partially from AWS's own conduct or service defects, and seek to negotiate a mutual fault-based carve-out if possible. COMPLIANCE CONSIDERATIONS: Risk management teams should document the indemnification exposure and confirm that applicable insurance policies cover indemnification obligations under cloud service agreements. Legal teams should review end user agreements and platform terms of service to ensure that downstream liability is appropriately allocated and that acceptable use controls are in place to minimize third-party claim risk.
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This clause creates potentially significant financial exposure for customers if their use of AWS, or the actions of their end users, leads to third-party legal claims against AWS, including claims arising from the content customers store or process on AWS.
Customers are contractually obligated to cover AWS's legal defense costs and any resulting damages if third parties bring claims related to the customer's use of AWS services or content. This is particularly significant for businesses that host user-generated content or operate consumer-facing applications on AWS infrastructure.
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