If your use of Descript causes legal problems for the company, including from content you upload or actions you take on the platform, you are personally responsible for covering Descript's legal costs and damages.
This analysis describes what Descript'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 means that if, for example, you upload copyrighted content or clone a voice without consent and a third party sues Descript, you could be liable for Descript's legal fees and any resulting damages.
Interpretive note: Enforceability of broad consumer indemnification clauses varies by jurisdiction; EU consumer protection law and California unconscionability doctrine may limit how this clause applies in practice.
The indemnification clause creates personal financial exposure for users whose actions on the platform lead to third-party legal claims against Descript, which is particularly significant given the voice cloning and content upload features the platform offers.
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"You agree to defend, indemnify, and hold harmless Descript and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right; or (iv) any Content posted or submitted by you.— Excerpt from Descript's Descript Terms of Service
REGULATORY LANDSCAPE: Broad indemnification clauses in consumer contracts may be subject to unconscionability analysis under applicable state law. In the context of AI-powered features like voice cloning, where the risk of third-party IP, biometric privacy, and right of publicity claims is elevated, this clause attempts to shift significant legal and financial risk to individual users. The FTC and state attorneys general may scrutinize indemnification provisions in consumer contracts that create disproportionate risk for consumers. GOVERNANCE EXPOSURE: Medium to High. The scope of this indemnification is broad and covers attorney's fees, which can be substantial. For voice cloning and AI-generated content use cases, the risk of third-party claims from individuals whose voices or likenesses were used without consent creates real exposure for users who are not sophisticated about IP and biometric privacy law. JURISDICTION FLAGS: California courts apply a reasonableness test to indemnification clauses in consumer contracts and may limit enforcement where the clause is one-sided. EU consumer protection directives generally prohibit unfair contract terms that create a significant imbalance in parties' rights to the detriment of the consumer. UK courts apply similar unfair terms analysis. CONTRACT AND VENDOR IMPLICATIONS: Enterprise users should negotiate the scope of indemnification obligations when entering into business agreements with Descript, seeking to limit indemnification to claims arising from the enterprise user's gross negligence or willful misconduct rather than all platform use. Procurement teams should flag this clause as a standard risk item requiring negotiation. COMPLIANCE CONSIDERATIONS: Organizations deploying Descript for employee use should implement clear acceptable use policies, particularly regarding voice cloning and content upload practices, to manage the indemnification exposure this clause creates. Training on IP rights, biometric consent, and platform acceptable use policies is advisable.
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This means that if, for example, you upload copyrighted content or clone a voice without consent and a third party sues Descript, you could be liable for Descript's legal fees and any resulting damages.
The indemnification clause creates personal financial exposure for users whose actions on the platform lead to third-party legal claims against Descript, which is particularly significant given the voice cloning and content upload features the platform offers.
ConductAtlas has identified this type of provision across 83 platforms. See the full comparison.
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