Users are required to indemnify and hold harmless Fitbit and its affiliates, officers, directors, employees, agents, licensors, and contractors from all third-party claims, liabilities, damages, costs, and attorneys' fees arising from the user's access to or use of the Fitbit Service, user-posted content, breach of the Terms, or violation of applicable law or third-party rights.
This analysis describes what Fitbit'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 provision requires users to bear the cost of defending Fitbit and its affiliates from third-party claims arising out of the user's service use or content, including reasonable attorneys' fees. The scope of covered parties extends to affiliates, agents, licensors, and contractors, and covers claims by governmental authorities and industry bodies.
Interpretive note: Enforceability of broad consumer indemnification clauses varies by jurisdiction; EU and UK consumer protection law may limit or preclude enforcement against individual consumers.
Under this clause, users are contractually obligated to indemnify Fitbit, its affiliates, and contractors against all costs and liabilities arising from third-party or governmental claims connected to the user's service use, posted content, or violations of the Terms or applicable law. Fitbit reserves the right to assume control of the defense of indemnified claims.
Cross-platform context
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Compare across platforms →"You will indemnify and hold harmless Fitbit or its officers, directors, employees, affiliates, agents, licensors, and contractors from and against any claims, suits, actions, demands, disputes, allegations, or investigations brought by any third party, governmental authority, or industry body, and all liabilities, damages, losses, costs, and expenses, including without limitation reasonable attorneys' fees, arising out of or in any way connected with (i) your access to or use of the Fitbit Service, (ii) Your Content, (iii) your breach or alleged breach of any warranties made by you hereunder or your violation of any other provision of these Terms, or (iv) your violation of any law or the rights of a third-party.Excerpt from Fitbit's Terms of Service
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Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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This provision requires users to bear the cost of defending Fitbit and its affiliates from third-party claims arising out of the user's service use or content, including reasonable attorneys' fees. The scope of covered parties extends to affiliates, agents, licensors, and contractors, and covers claims by governmental authorities and industry bodies.
Under this clause, users are contractually obligated to indemnify Fitbit, its affiliates, and contractors against all costs and liabilities arising from third-party or governmental claims connected to the user's service use, posted content, or violations of the Terms or applicable law. Fitbit reserves the right to assume control of the defense of indemnified claims.
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