Users agree to indemnify Stash, its affiliates, officers, directors, employees, and Stride Bank from any third-party claims, damages, and legal costs arising from the user's Terms violations, improper platform use, intellectual property infringement, or content uploaded through the user's account.
This analysis describes what Stash'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 extends indemnification obligations to claims arising from use of the user's account by any person, including unauthorized users, which may create financial exposure for users in the event of account compromise or unauthorized use. The obligation covers attorney's fees and expenses for both Stash and its Partner Bank.
Interpretive note: The enforceability of the indemnification clause's extension to claims arising from unauthorized third-party use of a user's account may vary by jurisdiction and depend on whether courts apply consumer contract scrutiny to standard-form indemnification provisions.
Under this clause, users are financially responsible for third-party claims, damages, and legal costs incurred by Stash and its affiliates resulting from Terms violations, platform misuse, or intellectual property infringement by the user or any person using the user's account. The agreement also includes Stride Bank, N.A. as a covered indemnified party.
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"You agree to indemnify, hold harmless and, at our option, defend us and our affiliates, and our and their officers, directors, employees, stockholders, agents and representatives, as well as Partner Bank (collectively, "Indemnified Persons"), from any and all third party claims, liability, losses, damages, expenses and/or costs (including, but not limited to, reasonable attorney's fees and expenses) arising from your improper use of the Platform or our Services or offerings, your violation of these Terms or any of the other Account Contracts, or your infringement, or the infringement or use by any other user of your account, of any intellectual property or other right of any person or entity, and your use of User Content and Submissions generated, uploaded, or otherwise provided by you in accordance with these Terms.— Excerpt from Stash's Stash Terms of Use (Superseded URL)
1. REGULATORY LANDSCAPE: Consumer indemnification clauses are subject to applicable state consumer protection laws, which in some jurisdictions limit the enforceability of broad indemnification provisions against individual consumers in standard-form contracts. New York courts evaluate indemnification clauses under applicable contract law, including standards for enforceability of clauses that purport to cover consequential or wide-ranging third-party claims. 2. GOVERNANCE EXPOSURE: Medium. The extension of indemnification to claims arising from any other user of the account, including potentially unauthorized users, creates a broad scope. The agreement separately requires users to maintain account security and notify Stash of unauthorized access, but does not expressly limit indemnification to intentional or negligent conduct by the account holder. 3. JURISDICTION FLAGS: California and New York consumer protection frameworks may limit the enforceability of broad indemnification clauses in standard-form consumer contracts, particularly where the clause extends to claims arising from third-party conduct over which the user has limited control. The governing law provision (New York) creates the primary jurisdictional framework for evaluating this clause. 4. CONTRACT AND VENDOR IMPLICATIONS: The inclusion of Stride Bank, N.A. as a covered indemnified party means users assume financial responsibility for claims against the partner bank arising from account misuse. Institutional users or employers providing Stash accounts should evaluate this obligation in the context of their own liability exposure. 5. COMPLIANCE CONSIDERATIONS: Compliance teams should evaluate whether the indemnification clause's scope, particularly its extension to unauthorized account use and third-party content claims, is consistent with applicable consumer financial protection standards. If user accounts are compromised through platform security failures, the interaction between this indemnification clause and applicable data security obligations warrants review.
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This provision extends indemnification obligations to claims arising from use of the user's account by any person, including unauthorized users, which may create financial exposure for users in the event of account compromise or unauthorized use. The obligation covers attorney's fees and expenses for both Stash and its Partner Bank.
Under this clause, users are financially responsible for third-party claims, damages, and legal costs incurred by Stash and its affiliates resulting from Terms violations, platform misuse, or intellectual property infringement by the user or any person using the user's account. The agreement also includes Stride Bank, N.A. as a covered indemnified party.
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