“Customer will defend Smartsheet and Smartsheet's Affiliates providing the Services, and their respective officers, directors, and employees...from and against any claims...arising out of Customer Content or Customer's use of Smartsheet Properties in violation of applicable law”
This analysis describes what Smartsheet'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 customer bears the cost and burden of defending Smartsheet against third-party claims tied to the customer's own content or unlawful conduct, creating direct financial and legal exposure for the customer.
Interpretive note: The excerpt uses an ellipsis, indicating potentially omitted language between 'employees' and 'from and against any claims' that may contain additional conditions or scope limitations not visible here.
The customer is required to fund and conduct a legal defense on behalf of Smartsheet whenever a claim arises from the customer's content or the customer's unlawful use of Smartsheet properties.
How other platforms handle this
Customer's failure to use any enhancements, modifications, or updates to the CS Service that have been provided by Contentsquare
Customer provides PlanetScale: (i) prompt written notice of the Infringement Claim to support@planetscale.com, (ii) exclusive control over the defense and settlement of the Infringement Claim
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.
"Customer will defend Smartsheet and Smartsheet's Affiliates providing the Services, and their respective officers, directors, and employees...from and against any claims...arising out of Customer Content or Customer's use of Smartsheet Properties in violation of applicable lawExcerpt from Smartsheet's Terms of Service
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The customer bears the cost and burden of defending Smartsheet against third-party claims tied to the customer's own content or unlawful conduct, creating direct financial and legal exposure for the customer.
The customer is required to fund and conduct a legal defense on behalf of Smartsheet whenever a claim arises from the customer's content or the customer's unlawful use of Smartsheet properties.
ConductAtlas has identified this type of provision across 225 platforms. See the full comparison.
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