This analysis describes what Loom'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 clause establishes a mandatory defense obligation on Loom's part, but it applies only to the extent the claim arises from authorized use, meaning use outside the agreement's authorization may not be covered.
Interpretive note: The excerpt is truncated after subsection (a) with ellipsis; additional obligations Loom must fulfill under this indemnification provision (e.g., indemnify, hold harmless) are not captured in the canonical claim.
Customers are entitled to a defense from Loom against third-party intellectual property infringement claims, provided the use at issue was authorized under the agreement.
How other platforms handle this
In response to an actual or potential Infringement Claim, Atlassian may, at its option: (a) procure rights for Customer's continued use of the Products, (b) replace or modify the alleged infringing portion...or (c) terminate the affected Subscription Term...
you agree to cooperate with Walmart if and as requested by Walmart in the defense and settlement of such matter.
We reserve the right to assume the exclusive defense and control of such disputes, and in any event, you agree to cooperate with us in asserting any available defenses.
"Atlassian must: (a) defend Customer from and against any third-party claim to the extent alleging that the Products, when used by Customer as authorized by this Agreement, infringe any intellectual property right...Excerpt from Loom's Terms of Service
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This clause establishes a mandatory defense obligation on Loom's part, but it applies only to the extent the claim arises from authorized use, meaning use outside the agreement's authorization may not be covered.
Customers are entitled to a defense from Loom against third-party intellectual property infringement claims, provided the use at issue was authorized under the agreement.
ConductAtlas has identified this type of provision across 229 platforms. See the full comparison.
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