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.
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 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 Terms of Service
REGULATORY LANDSCAPE: Broad indemnification clauses in consumer contracts may be subject to unconscionability analysis under applicable state law.
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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 227 platforms. See the full comparison.
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