If your use of the Databricks website causes a legal claim against Databricks, you personally agree to cover their legal costs and any resulting damages.
This analysis describes what Databricks'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 indemnification clause establishes a cost-shifting mechanism whereby users assume financial responsibility for defending Databricks against claims connected to their own contractual violations or service use, rather than such costs remaining with Databricks as the service provider.
This provision means that if a third party sues Databricks because of something you did on their website, you are responsible for Databricks' legal defense costs and any resulting judgments — a potentially significant financial exposure for business users and developers.
How other platforms handle this
Any claim that any user submission made by you has caused damage to a third party
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 to cooperate with Walmart if and as requested by Walmart in the defense and settlement of such matter.
"You agree to indemnify, defend, and hold harmless Databricks and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Sites.Excerpt from Databricks's Terms of Service
1) REGULATORY FRAMEWORK: Indemnification clauses of this breadth implicate FTC Act Section 5 scrutiny where terms may be deemed unfair or deceptive if applied to ordinary consumers.
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The indemnification clause establishes a cost-shifting mechanism whereby users assume financial responsibility for defending Databricks against claims connected to their own contractual violations or service use, rather than such costs remaining with Databricks as the service provider.
This provision means that if a third party sues Databricks because of something you did on their website, you are responsible for Databricks' legal defense costs and any resulting judgments — a potentially significant financial exposure for business users and developers.
ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.
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