If someone sues Public because of something you did on the platform, you are responsible for covering Public's legal costs and any resulting damages.
This analysis describes what Public.com'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 means that if your activity on Public.com results in a legal claim against the company, you could be personally liable for Public's attorney fees and damages, which can be substantial.
Interpretive note: Enforceability of broad indemnification clauses against retail consumers varies by jurisdiction; courts in several states have found similar provisions unenforceable in consumer adhesion contracts.
Users who violate the terms or third-party rights while using Public.com, even unintentionally, could be required to pay Public's legal defense costs and any damages awarded against the company arising from that activity.
How other platforms handle this
Any claim that any user submission made by you has caused damage to a third party
Any access to or use of the Services or goods through your account by others, including your spouse, dependents, Recipients, and any access by AI Agents you enable or that operate on your behalf...
you agree to cooperate with Walmart if and as requested by Walmart in the defense and settlement of such matter.
"You agree to defend, indemnify and hold harmless Public and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service; (ii) your violation of any term of these Terms; (iii) your violation of any third party right.Excerpt from Public.com's Terms of Service
REGULATORY LANDSCAPE: Broad indemnification clauses in consumer financial services agreements may require evaluation under applicable state consumer protection law and the FTC Act's unfairness doctrine, particularly where the indemnification obligation is imposed on retail consumers …
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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This clause means that if your activity on Public.com results in a legal claim against the company, you could be personally liable for Public's attorney fees and damages, which can be substantial.
Users who violate the terms or third-party rights while using Public.com, even unintentionally, could be required to pay Public's legal defense costs and any damages awarded against the company arising from that activity.
ConductAtlas has identified this type of provision across 228 platforms. See the full comparison.
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