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.
Removal of indemnification clause significantly reduces user obligations to defend Databricks in legal disputes, materially improving user protection.
View full change record →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
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You agree that Your Content must comply with our Community Guidelines as updated from time to time. As Your Content is unique, you are responsible and liable for Your Content. You will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Tinder, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, ...
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"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 Databricks 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. California courts (Cal. Civ. Code §1668) may limit enforcement of indemnification clauses that purport to cover a party's own negligence. GDPR Art. 82 independently allocates data breach liability and cannot be contractually overridden. 2)
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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 10 platforms. See the full comparison.
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