The agreement requires users to indemnify, defend, and hold harmless Boston Dynamics and its affiliates from all losses, costs, and attorney fees resulting from violations of the terms or any activity conducted using the user's internet account, including negligent conduct.
This analysis describes what Boston Dynamics'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 provision requires users to absorb defense costs and damages on behalf of Boston Dynamics in connection with claims arising from the user's site activity or account use. The inclusion of negligent conduct within the indemnification scope is notable; users are not limited to indemnifying for intentional or knowing violations.
Interpretive note: The enforceability of indemnification for negligent conduct against individual consumers may be constrained by Massachusetts consumer protection law and equivalent statutes in other jurisdictions; courts in some states have found similarly broad provisions unconscionable in consumer contexts.
Under this clause, users who breach the terms or whose internet account is used for conduct that results in claims against Boston Dynamics are required to fund the company's legal defense and cover resulting losses. The clause applies to conduct by any person accessing the site using the user's account, not only the account holder themselves.
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"You agree to indemnify, defend and hold harmless Boston Dynamics, its officers, directors, employees, agents, licensors and suppliers from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.— Excerpt from Boston Dynamics's Boston Dynamics Terms of Use
1. REGULATORY LANDSCAPE: Indemnification clauses in consumer-facing website terms may interact with state consumer protection statutes, including Massachusetts Chapter 93A, which prohibits unfair or deceptive business practices. Some state courts have found broad indemnification provisions in consumer contracts to be unconscionable or unenforceable depending on the circumstances. The FTC has examined unfair contract terms in consumer agreements, though enforcement specifically targeting website indemnification clauses is not well-established. 2. GOVERNANCE EXPOSURE: Medium. The scope of this indemnification is broad in two respects: it covers negligent conduct (not only intentional violations), and it extends to any person using the user's internet account. This creates potential exposure for organizations whose employees access the site from shared or enterprise network accounts, as the organization could be characterized as the accountable party for all such access. 3. JURISDICTION FLAGS: Massachusetts courts evaluate indemnification provisions under state contract law principles. EU-based users may have consumer protection rights under applicable EU directives that limit the enforceability of indemnification obligations placed on consumers. California courts have also scrutinized broad indemnification clauses in consumer contracts for unconscionability. 4. CONTRACT AND VENDOR IMPLICATIONS: Procurement and legal teams at organizations with enterprise relationships with Boston Dynamics should assess whether site access by employees is governed solely by this public website terms of use or by a separate commercial agreement that may override these provisions. The inclusion of negligent conduct in the indemnification scope is a due diligence consideration for organizations with significant site access footprints. 5. COMPLIANCE CONSIDERATIONS: Legal counsel reviewing this indemnification provision should assess whether applicable Massachusetts law and any relevant consumer protection statutes limit the enforceability of negligence-based indemnification against individual users or institutional account holders. Organizations operating in EU/EEA jurisdictions should separately evaluate enforceability under EU consumer contract law.
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This provision requires users to absorb defense costs and damages on behalf of Boston Dynamics in connection with claims arising from the user's site activity or account use. The inclusion of negligent conduct within the indemnification scope is notable; users are not limited to indemnifying for intentional or knowing violations.
Under this clause, users who breach the terms or whose internet account is used for conduct that results in claims against Boston Dynamics are required to fund the company's legal defense and cover resulting losses. The clause applies to conduct by any person accessing the site using the user's account, not only the account holder themselves.
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