This analysis describes what Duo Security'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 allocates certain legal and financial responsibilities to the customer, establishing that the customer bears liability for losses Duo incurs related to the customer's own violations, data, or infringement of third-party rights. This shifts defense costs and damages from Duo to the customer in these specified scenarios.
Under this clause, the customer assumes an obligation to cover Duo's legal defense costs and damages in three categories: violations of the Agreement by the customer, issues arising from Customer Data, and customer-caused violations of third-party intellectual property or other rights. The customer's indemnification obligation applies regardless of whether Duo bears any fault for the underlying claim.
How other platforms handle this
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You agree to defend, indemnify, and hold harmless Ancestry and its officers, directors, employees and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of t...
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.
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"Customer shall indemnify, defend, and hold harmless Duo and its officers, directors, employees, agents, and successors from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (i) Customer's use of the Service in violation of this Agreement; (ii) Customer Data; or (iii) Customer's violation of any third-party rights.— Excerpt from Duo Security's Duo Terms of Service
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The indemnification clause allocates certain legal and financial responsibilities to the customer, establishing that the customer bears liability for losses Duo incurs related to the customer's own violations, data, or infringement of third-party rights. This shifts defense costs and damages from Duo to the customer in these specified scenarios.
Under this clause, the customer assumes an obligation to cover Duo's legal defense costs and damages in three categories: violations of the Agreement by the customer, issues arising from Customer Data, and customer-caused violations of third-party intellectual property or other rights. The customer's indemnification obligation applies regardless of whether Duo bears any fault for the underlying claim.
ConductAtlas has identified this type of provision across 14 platforms. See the full comparison.
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