If a third party sues Scale because of something you did on or through the Scale website, you agree to pay Scale's legal costs and any damages, including for any disputes you have with other parties that somehow involve Scale.
This analysis describes what Scale AI'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 provision requires users to cover Scale's legal defense costs and related liabilities for a broad range of conduct including third-party disputes that may only be tangentially related to Scale's website, and extends coverage to Scale's affiliates, subsidiaries, and agents.
Interpretive note: Enforceability against individual consumers may vary by jurisdiction; EU and certain US state consumer protection frameworks may limit the scope of this obligation as applied to non-commercial users.
This new provision shifts legal and financial risk to users by requiring them to defend Scale against third-party claims, effectively making users liable for Scale's legal costs in disputes.
View full change record →Under this clause, users accept financial liability for defending Scale and its affiliated entities against third-party claims arising from the user's conduct, breach of these terms, or violation of applicable law; this obligation covers legal costs, expenses, and damages, and applies to the fullest extent permitted by law.
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"To the fullest extent permitted by law, you agree to defend, hold harmless and indemnify Scale and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the "Scale Entities") from and against any and all claims brought by a third party, and any related losses, costs, expenses, damages or other liabilities incurred arising from or related to: (a) your unauthorized use of, or misuse of, the Sites; (b) your breach of any provision of these Terms; (c) your violation of any applicable law or regulation; (d) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (e) any dispute or issue between you and any third party.— Excerpt from Scale AI's Scale AI Terms of Service
(1) REGULATORY LANDSCAPE: Broad user indemnification clauses in consumer-facing terms may face scrutiny under consumer protection frameworks in EU member states and under certain US state consumer protection statutes. In California, the enforceability of indemnification clauses against individual consumers may be evaluated under California's unfair business practices law. The clause is conditioned on notification in writing, which is a procedural qualifier. (2) GOVERNANCE EXPOSURE: Medium. The clause extends indemnification to Scale's officers, directors, employees, consultants, affiliates, subsidiaries, and agents, which is a broad beneficiary class. The trigger for subsection (e), covering any dispute or issue between the user and any third party, is particularly open-ended and may be interpreted broadly. For enterprise users, this provision creates organizational financial exposure for employee conduct on the site. (3) JURISDICTION FLAGS: EU consumer users may have limited enforceability of this clause under Directive 93/13/EEC on unfair terms in consumer contracts. UK users face similar potential limitations. For US-based business users, the clause is more likely to be fully enforced as written. Organizations in regulated industries should assess whether this indemnification obligation creates any insurance coverage implications. (4) CONTRACT AND VENDOR IMPLICATIONS: B2B procurement teams should note that this indemnification applies to website use, not just service use, meaning employees who access scale.com on corporate devices or in connection with corporate activities may trigger organizational indemnification exposure. The clause states Scale may assume exclusive defense control while the user remains financially obligated. (5) COMPLIANCE CONSIDERATIONS: Organizations with risk management or legal review processes for vendor agreements should flag this clause for assessment. The notification-in-writing condition provides some procedural protection but does not limit the financial scope of the obligation. Risk and legal teams may want to confirm whether corporate indemnification insurance covers third-party claims of this type arising from website-only interactions.
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This provision requires users to cover Scale's legal defense costs and related liabilities for a broad range of conduct including third-party disputes that may only be tangentially related to Scale's website, and extends coverage to Scale's affiliates, subsidiaries, and agents.
Under this clause, users accept financial liability for defending Scale and its affiliated entities against third-party claims arising from the user's conduct, breach of these terms, or violation of applicable law; this obligation covers legal costs, expenses, and damages, and applies to the fullest extent permitted by law.
ConductAtlas has identified this type of provision across 83 platforms. See the full comparison.
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