If Medium faces any legal claim or costs because of something you posted or did on the platform, you are legally required to pay Medium's legal fees and other costs associated with defending against that claim.
This analysis describes what Medium'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 shifts the financial risk of third-party claims arising from your content directly onto you, including Medium's attorney fees, which could be substantial depending on the nature of the claim.
The updated terms expand a data collection warranty to apply to all personal information users provide to Medium, not limited to newsletter editor submissions. Users now represent and warrant that any personal information they submit has been lawfully collected and that all required notices and consents were obtained before collection. This means the warranty applies whether data is provided through newsletters, account profiles, submissions, or other Medium features. If a user provides personal information collected without proper notice or consent, they may be in breach of this representation.
View change record →This new indemnification clause makes users responsible for Medium's legal defense costs across a broad range of user-related claims, substantially increasing user liability exposure.
View full change record →If a third party sues Medium because of content you posted, you could be personally liable for Medium's full legal defense costs, including attorney fees, in addition to any damages ultimately awarded.
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"You will indemnify, defend, and hold harmless Medium and its officers, directors, employees, and agents from and against any claims, disputes, demands, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of our Services, (ii) your User Content, or (iii) your violation of these Terms.— Excerpt from Medium's Medium Terms of Service
(1) REGULATORY LANDSCAPE: User indemnification clauses are common in platform terms and are generally enforceable in commercial contexts under contract law. Their application to consumers may be scrutinized under state consumer protection statutes that prohibit unconscionable contract terms. The FTC Act's prohibition on unfair or deceptive practices may be relevant where indemnification obligations are not clearly disclosed. (2) GOVERNANCE EXPOSURE: Medium. The indemnification obligation is broad in scope, covering 'any claims' connected to user content or use, with no stated cap on the amount owed. This creates potentially unlimited financial exposure for individual users who post content that triggers third-party IP, defamation, or other claims against Medium. (3) JURISDICTION FLAGS: Some jurisdictions impose limits on the enforceability of broad indemnification clauses in consumer contracts. EU consumer law may treat open-ended indemnification obligations as unfair contract terms. California's consumer protection statutes may limit the enforceability of indemnification clauses that are not clearly and conspicuously disclosed. (4) CONTRACT AND VENDOR IMPLICATIONS: Organizations whose employees publish on Medium should assess whether the indemnification obligation extends to the employer (as the contracting entity) or only to the individual account holder. Corporate accounts or sponsored content should be reviewed for indemnification scope. Standard commercial indemnification clauses typically include caps and carve-outs not present in this provision. (5) COMPLIANCE CONSIDERATIONS: Legal teams should assess whether corporate publishing activities on Medium create indemnification exposure for the organization and whether existing insurance policies (errors and omissions, media liability) cover claims arising from employee-authored content on third-party platforms.
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This clause shifts the financial risk of third-party claims arising from your content directly onto you, including Medium's attorney fees, which could be substantial depending on the nature of the claim.
If a third party sues Medium because of content you posted, you could be personally liable for Medium's full legal defense costs, including attorney fees, in addition to any damages ultimately awarded.
ConductAtlas has identified this type of provision across 83 platforms. See the full comparison.
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