“To the extent permitted by applicable law, you will defend, indemnify, and hold harmless us, our affiliates and licensors... 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 Services...”
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
Customers bear full indemnification responsibility for third-party claims arising from their own or their End Users' use of the Services, which can expose customers to substantial financial liability.
Interpretive note: The excerpt is partial; sub-clause (a) covers use of the Services but the ellipsis and clause structure suggest additional indemnification grounds exist. The canonical claim covers only the explicitly quoted ground.
Customers are required to cover AWS's legal costs and Losses whenever a third party brings a claim connected to the customer's or any End User's 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.
We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.
Ramp will have sole control and authority to defend the claim, provided (i) Company may participate in the defense and settlement of the claim with counsel of its own choosing at its own expense.
"To the extent permitted by applicable law, you will defend, indemnify, and hold harmless us, our affiliates and licensors... 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 Services...Excerpt from AWS's Customer Agreement
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Customers bear full indemnification responsibility for third-party claims arising from their own or their End Users' use of the Services, which can expose customers to substantial financial liability.
Customers are required to cover AWS's legal costs and Losses whenever a third party brings a claim connected to the customer's or any End User's use of the Services.
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
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