If Meta gets sued or incurs costs because of something you did on the platform — especially for commercial or business use — you are legally required to pay Meta's legal fees and any damages.
This analysis describes what Meta'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 cost-shifting mechanism that allocates liability for third-party claims to users whose conduct triggers the indemnification obligation, thereby limiting Meta's exposure to losses resulting from user actions or violations.
The updated terms establish a jurisdictional change for consumers. Previously, all disputes had to be resolved in California courts; now, if you are a consumer or if your country requires it, disputes must be resolved in courts within your home country under your home country's laws. For Meta's own claims against you, the agreement still requires disputes to proceed exclusively in California courts. The revised terms also now require Meta to notify you at least 30 days in advance before making changes to these Terms, and you will have the opportunity to review them before they take effect, unless changes are required by law.
View change record →If your use of Facebook causes Meta to face a lawsuit — for example, if you post content that infringes someone's copyright or if you use the platform for commercial purposes that breach the terms — you are contractually obligated to reimburse Meta's legal expenses and any resulting damages, which could be substantial.
How other platforms handle this
You agree to defend, indemnify, and hold harmless Ancestry and its officers, directors, employees and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to or use of t...
You agree that Your Content must comply with our Community Guidelines as updated from time to time. As Your Content is unique, you are responsible and liable for Your Content. You will indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Tinder, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, ...
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"If you use our Products for any commercial or business purposes or if you use the Products in a manner that is not permitted by these Terms or our policies, and we face any claims, lawsuits, damages, losses, or expenses arising out of your use, you agree to indemnify and hold us harmless from and against all such claims, damages, or expenses, including reasonable attorneys' fees.— Excerpt from Meta's Meta Terms of Service
(1) REGULATORY FRAMEWORK: User indemnification clauses in consumer contracts are subject to EU Directive 93/13/EEC on unfair terms, which prohibits clauses that create a significant imbalance in the parties' rights and obligations to the detriment of the consumer. The UK Consumer Rights Act 2015 s.62 applies the same fairness test. Under US law, the enforceability of broad indemnification clauses against individual consumers varies by state; California courts apply a reasonableness standard. FTC Act Section 5 may apply where indemnification provisions operate as a deceptive or unfair business practice. (2)
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This clause establishes a cost-shifting mechanism that allocates liability for third-party claims to users whose conduct triggers the indemnification obligation, thereby limiting Meta's exposure to losses resulting from user actions or violations.
If your use of Facebook causes Meta to face a lawsuit — for example, if you post content that infringes someone's copyright or if you use the platform for commercial purposes that breach the terms — you are contractually obligated to reimburse Meta's legal expenses and any resulting damages, which could be substantial.
ConductAtlas has identified this type of provision across 10 platforms. See the full comparison.
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