“You agree to indemnify, hold harmless and, at our option, defend us and our affiliates...from any and all third party claims, liability, losses, damages, expenses and/or costs...arising from your improper use of the Platform or our Services...”
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
Users bear financial responsibility for third-party claims against Stash that stem from their own improper use, and Stash retains the option—not the user—to decide whether the user must also conduct the defense.
If a third party brings a claim against Stash arising from your improper use of the Platform or Services, you are required to indemnify Stash and its affiliates for all resulting liability, losses, damages, expenses, and costs, and may be required to defend them at Stash's option.
How other platforms handle this
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, hold harmless and, at our option, defend us and our affiliates...from any and all third party claims, liability, losses, damages, expenses and/or costs...arising from your improper use of the Platform or our Services...Excerpt from Stash's Terms of Use
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Users bear financial responsibility for third-party claims against Stash that stem from their own improper use, and Stash retains the option—not the user—to decide whether the user must also conduct the defense.
If a third party brings a claim against Stash arising from your improper use of the Platform or Services, you are required to indemnify Stash and its affiliates for all resulting liability, losses, damages, expenses, and costs, and may be required to defend them at Stash's option.
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
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