This analysis describes what Modal'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
Modal accepts financial and legal responsibility for third-party IP infringement claims arising from Customer's authorised use of the Service, reducing Customer's IP litigation risk.
Interpretive note: The ellipsis in the excerpt may conceal conditions precedent, exclusions, or limitations on Modal's indemnification obligation. Confidence is medium because the full triggering and limiting language is not visible.
If a third party claims that your use of the Service directly infringes or misappropriates their intellectual property rights, Modal is obligated to defend you and cover resulting costs.
How other platforms handle this
Whatnot will indemnify, defend, and hold Influencer harmless from and against any third-party Claims arising out of or related to: (i) gross negligence or willful misconduct of Whatnot; (ii) any breach of Whatnot's representations or warranties hereunder; and/or (iii) the authorized and unmodified u...
Your obligations in Section 6.2 (Indemnification by Customer) of this Agreement will apply to the extent permitted by applicable law, regulation, or procedure.
Without affecting either party's termination rights and to the extent permitted by applicable law, this Section 14 states the parties' sole and exclusive remedy under the Agreement for any Allegations of Intellectual Property Rights infringement covered by this Section 14.
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"Modal will defend, indemnify, and hold Customer harmless from and against any third party claims ... arising from claims by a third party that Customer's use of the Service directly infringes or misappropriates a third party's intellectual property rights— Excerpt from Modal's Modal Terms of Service
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Modal accepts financial and legal responsibility for third-party IP infringement claims arising from Customer's authorised use of the Service, reducing Customer's IP litigation risk.
If a third party claims that your use of the Service directly infringes or misappropriates their intellectual property rights, Modal is obligated to defend you and cover resulting costs.
ConductAtlas has identified this type of provision across 229 platforms. See the full comparison.
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