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
The defense obligation is scoped to U.S. patents and copyrights and is limited to claims arising from allegations about the Product itself, providing defined but not unlimited IP protection.
Interpretive note: The excerpt contains an ellipsis, suggesting conditions or qualifications exist in the full clause. The canonical claim is limited to what is explicitly present. The excerpt states 'defend' only; any indemnification or payment obligation is not established by the quoted language alone.
Readers receive a defense from PlanetScale against third-party U.S. patent or copyright infringement claims arising from the Product, to the extent such claims allege Product infringement.
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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"PlanetScale will defend Customer against any third party claim...to the extent arising from an allegation that the Product...infringes a third party's patent or copyright valid and enforceable in the United States— Excerpt from PlanetScale's PlanetScale Terms of Service
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The defense obligation is scoped to U.S. patents and copyrights and is limited to claims arising from allegations about the Product itself, providing defined but not unlimited IP protection.
Readers receive a defense from PlanetScale against third-party U.S. patent or copyright infringement claims arising from the Product, to the extent such claims allege Product infringement.
ConductAtlas has identified this type of provision across 230 platforms. See the full comparison.
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