This analysis describes what Square'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 indemnification clause establishes that users bear the financial and legal burden of defending Square against third-party claims related to the user's breach of contractual obligations. This shifts litigation costs and liability exposure from Square to the user for breaches originating from the user's conduct or statements.
Users assume a broad obligation to cover Square's legal defense costs and damages in proceedings alleging the user violated their contractual representations, warranties, or obligations. This obligation applies regardless of whether the claim succeeds, requiring users to fund Square's defense from the claim's inception.
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"You will indemnify, defend, and hold us and our processors (and our respective employees, directors, agents, affiliates and representatives) harmless from and against any and all claims, costs, losses, damages, judgments, tax assessments, penalties, interest, and expenses (including without limitation reasonable attorneys' fees) arising out of or in connection with any claim, action, audit, investigation, inquiry, or other proceeding instituted by any person or entity that arises out of or relates to: (a) any actual or alleged breach of your representations, warranties, or obligations set forth in these Terms.— Excerpt from Square's Square Terms of Service
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The indemnification clause establishes that users bear the financial and legal burden of defending Square against third-party claims related to the user's breach of contractual obligations. This shifts litigation costs and liability exposure from Square to the user for breaches originating from the user's conduct or statements.
Users assume a broad obligation to cover Square's legal defense costs and damages in proceedings alleging the user violated their contractual representations, warranties, or obligations. This obligation applies regardless of whether the claim succeeds, requiring users to fund Square's defense from the claim's inception.
ConductAtlas has identified this type of provision across 21 platforms. See the full comparison.
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