This analysis describes what LangChain'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 updated terms introduce a new deployment model (BYOC) that allows customers to maintain their infrastructure while LangChain manages the platform through cloud APIs without direct access to customer data, providing an alternative to cloud-hosted and hybrid options. The terms now explicitly state that LangChain will not use customer data to train large language models, expanding the prior commitment beyond general product improvement. The warranty disclaimer has been revised to state that LangChain does not warrant the platform will be accurate or complete, in addition to existing disclaimers about error-free operation and uninterrupted service.
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The Indemnifying Party will have the sole right to conduct the defense of any Claim for which the Indemnifying Party is responsible hereunder, provided that the Indemnifying Party may not settle any Claim without the Indemnified Party's prior written approval unless...
the Indemnifying Party being given full and complete control over the defense and settlement of the Claim
The Indemnified Party will tender control of the defense and settlement of any such third-party Claim to the Indemnifying Party at the Indemnifying Party's expense and with the Indemnifying Party's choice of counsel.
"The indemnifying party's obligations in this Section 7 are subject to receiving (a) prompt notice of the claim, (b) the exclusive right to control and direct the investigation, defense, and settlement...Excerpt from LangChain's Terms of Service
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The clause states: “The indemnifying party's obligations in this Section 7 are subject to receiving (a) prompt notice of the claim, (b) the exclusive right to control and direct the investigation, defense, and settlement...”
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
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