This analysis describes what PlanetScale'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
How other platforms handle this
xAI shall have received from Customer: (a) prompt written notice of such claim; (b) the exclusive right to control and direct the investigation, defense, or settlement...
Failure by the indemnified party to notify the indemnifying party of the claim under Section 9.3(i) will not relieve the indemnifying party of its obligations under this Section 9; however, the indemnifying party will not be liable for...
A party's obligations to defend a Claim Against Customer or a Claim Against Smartsheet...are conditioned on the other party: (a) providing timely written notice of the Claim to the defending party
"(viii) Customer's use of the Product after PlanetScale notifies Customer to discontinue running it due to an Infringement Claim.Excerpt from PlanetScale's Terms of Service
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The clause states: “(viii) Customer's use of the Product after PlanetScale notifies Customer to discontinue running it due to an Infringement Claim.”
ConductAtlas has identified this type of provision across 225 platforms. See the full comparison.
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