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
This obligation means merchants bear the financial cost of defending Shopify and a broad range of affiliated parties against any claim or demand arising in connection with the merchant's use of the services.
Interpretive note: The excerpt ends with an ellipsis, indicating the full clause likely specifies triggering conditions or further scope that is not present in the provided text. The canonical claim reflects only what the excerpt explicitly states.
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.
View change record →Merchants are contractually responsible for covering any claim or demand made against Shopify and its extensive list of related parties, including the cost of reasonable attorneys' fees.
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In the event you are required to indemnify us pursuant to this Agreement or any court rulings, you must secure all necessary approvals and consents from regulatory authorities for the remittance of any indemnified amount to us.
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
If required by applicable law, Section 10 (Indemnification) of the Terms does not apply if you are not responsible (with at least slight negligence) for the indemnified event, breach or damage.
"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, including reasonable attorneys' fees...Excerpt from Shopify's Terms of Service
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This obligation means merchants bear the financial cost of defending Shopify and a broad range of affiliated parties against any claim or demand arising in connection with the merchant's use of the services.
Merchants are contractually responsible for covering any claim or demand made against Shopify and its extensive list of related parties, including the cost of reasonable attorneys' fees.
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
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