This analysis describes what Shopify'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 updated terms specify which Shopify corporate entity you contract with and which courts have exclusive jurisdiction over disputes, based on your store's billing address. Previously, the terms designated contracting parties and courts by region but in separate sections; the revised structure consolidates this information in a single table and introduces Shopify Technology (USA) Inc. as a contracting party for US-based merchants. The practical effect is that merchants in different regions now have explicit clarity on their contracting counterparty and the specific court system that will handle disputes, though the geographic assignment of courts remains substantially similar to prior language.
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Smartsheet has no obligation or liability under this Section 7.1 to the extent any Claim Against Customer arises from...use of the Services or Customizations by Customer after notice by Smartsheet to discontinue use.
Customer's modification of the CS Service not described in the Documentation or otherwise expressly authorized by Contentsquare in writing
The Indemnifying Party will have the sole right to conduct the defense of any Claim for which the Indemnifying Party is responsible hereunder, provided that the Indemnifying Party may not settle any Claim without the Indemnified Party's prior written approval unless...
"You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Shopify partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand...arising out of your use of a Third Party Service or your relationship with a Third Party Provider.Excerpt from Shopify's Terms of Service
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The clause states: “You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Shopify partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand...arising out of your use of a Third Party Service or your relationship with a Third Party Provider.”
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