The agreement establishes mutual indemnification obligations: Harvey indemnifies customers for intellectual property infringement claims arising from the Service when used in accordance with the Terms, and customers indemnify Harvey for third-party claims arising from their Input or Customer Data. Carve-outs apply where infringement results from customer-provided materials or customer Input or Customer Data violating the Terms.
This analysis describes what Harvey AI'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 allocates third-party claim risk between the parties based on the source of the allegedly infringing or harmful content. The customer's indemnification obligation for claims arising from Input and Customer Data is operationally significant for legal sector customers who may submit client materials, third-party documents, or privileged content to the Service.
Under this clause, customers are contractually obligated to defend and indemnify Harvey against third-party claims arising from the customer's Input or Customer Data submitted to the Service. Harvey's indemnification obligation for IP infringement applies only when the Service is used in accordance with the Terms and Documentation.
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Compare across platforms →"Harvey will defend You against any claim by a third party alleging that the Service, when used in accordance with these Terms and the Documentation, infringes any intellectual property right of such third party and will indemnify You for any damages, costs, and, if applicable, attorneys' fees finally awarded against You or agreed in settlement by us resulting from such claim. You will defend Harvey against any claim by a third party arising from or relating to: (i) Your Input or (ii) Your Customer Data. You will indemnify Harvey for any damages, costs, and, if applicable, attorneys' fees finally awarded against Harvey or agreed in settlement by You resulting from such claim.Excerpt from Harvey AI's Terms of Service
(1) REGULATORY LANDSCAPE: Indemnification obligations engage general commercial contract law under the applicable governing law (California for non-EEA/UK; England and Wales for EEA/UK customers).
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This provision allocates third-party claim risk between the parties based on the source of the allegedly infringing or harmful content. The customer's indemnification obligation for claims arising from Input and Customer Data is operationally significant for legal sector customers who may submit client materials, third-party documents, or privileged content to the Service.
Under this clause, customers are contractually obligated to defend and indemnify Harvey against third-party claims arising from the customer's Input or Customer Data submitted to the Service. Harvey's indemnification obligation for IP infringement applies only when the Service is used in accordance with the Terms and Documentation.
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