If your use of Discord or a breach of these terms causes legal costs or claims against Discord, you agree to pay those costs, including Discord's legal fees.
This analysis describes what Discord'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 agreement requires users to indemnify Discord for legal costs, claims, and expenses, including attorneys' fees, arising from the user's breach of the terms or representations, which could create significant personal financial exposure if a user's conduct generates third-party claims against Discord.
Interpretive note: The enforceability of broad consumer indemnification clauses varies by jurisdiction; EU, UK, and some US state consumer protection frameworks may limit the practical scope of this obligation for individual consumers.
If your actions on Discord result in legal claims or costs against Discord, including attorneys' fees, you agree to cover those costs, which could be financially significant depending on the nature of the claim.
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"You agree to defend, indemnify, and hold harmless Discord, its parents, subsidiaries, and affiliates, and each of their respective officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to, attorneys' fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your representations and warranties.— Excerpt from Discord's Discord Terms of Service
REGULATORY LANDSCAPE: Broad indemnification clauses in consumer contracts may engage the FTC Act's unfairness standard and may be subject to challenge under EU Unfair Contract Terms Directive and UK consumer contract regulations, which may render broad indemnification obligations unenforceable against ordinary consumers. State consumer protection statutes may similarly limit the enforceability of indemnification clauses that impose disproportionate obligations on consumers. GOVERNANCE EXPOSURE: Medium. The breadth of the indemnification clause, which covers all claims, liabilities, costs, and expenses including attorneys' fees, could create significant financial exposure for individual users in the event of content disputes or policy violation claims. The practical enforceability of broad consumer indemnification clauses varies significantly by jurisdiction. JURISDICTION FLAGS: EU and UK consumer protection law may render broad indemnification obligations unenforceable against consumers. California courts have scrutinized broad indemnification clauses in consumer contracts. The provision may be more readily enforced against commercial or enterprise users than individual consumers. CONTRACT AND VENDOR IMPLICATIONS: Developers and server administrators who operate community servers on Discord should be aware that their conduct in managing those communities could trigger indemnification obligations if it results in claims against Discord. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether this indemnification clause is consistent with applicable consumer protection law in relevant jurisdictions and whether it creates disproportionate obligations for the user populations affected.
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The agreement requires users to indemnify Discord for legal costs, claims, and expenses, including attorneys' fees, arising from the user's breach of the terms or representations, which could create significant personal financial exposure if a user's conduct generates third-party claims against Discord.
If your actions on Discord result in legal claims or costs against Discord, including attorneys' fees, you agree to cover those costs, which could be financially significant depending on the nature of the claim.
ConductAtlas has identified this type of provision across 10 platforms. See the full comparison.
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