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 shall not, without the relevant applicable Indemnified Parties' prior written consent, agree to any settlement on behalf of such Indemnified Parties which includes either the obligation to pay any amounts, or any admissions of liability...
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...
giving the defending party the right to fully control the defense and settlement of the Claim provided, however, that any settlement unconditionally releases Customer Parties or Smartsheet Parties subject to the Claim of all liability...
"The indemnifying party may not settle any claim without the indemnified party's prior consent if the settlement would require the indemnified party to admit fault or take or refrain from taking any action...Excerpt from LangChain's Terms of Service
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The clause states: “The indemnifying party may not settle any claim without the indemnified party's prior consent if the settlement would require the indemnified party to admit fault or take or refrain from taking any action...”
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
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