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Users are required to indemnify Stripe, its affiliates, and their personnel for all losses arising from the user's use of the services or Stripe Technology, gross negligence, willful misconduct, fraud, or material breach of the agreement, subject to limitations where the loss arises from the indemnified party's own misconduct.
This analysis describes what Stripe'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 establishes a broad user indemnification obligation covering all losses arising from use of Stripe services, which extends to Stripe's affiliates and personnel and is not capped by the agreement's standard liability cap provisions.
Under this clause, users are contractually obligated to cover all losses Stripe and its affiliates incur arising from the user's service use, gross negligence, willful misconduct, fraud, or material breach; this obligation is not subject to the 12-month fee-based liability cap that applies to Stripe's liability to users.
How other platforms handle this
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Any access to or use of the Services or goods through your account by others, including your spouse, dependents, Recipients, and any access by AI Agents you enable or that operate on your behalf...
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"Subject to Section 9.2 (Limitations on Indemnity), User will indemnify Stripe, its Affiliates, and their directors, employees, and agents for all Losses arising from User's use of the Services or Stripe Technology, gross negligence, willful misconduct, fraud, or material breach of the Agreement.Excerpt from Stripe's Terms of Service
1. REGULATORY LANDSCAPE: Broad indemnification clauses in commercial service agreements are generally governed by applicable state contract law; certain jurisdictions impose limitations on the enforceability of indemnification provisions that cover an indemnified party's own partial negligence. The user's indemnification obligation is not subject to the aggregate liability cap in Section 8.4, which expressly applies only to the parties' damage claims. 2. GOVERNANCE EXPOSURE: Medium. The indemnification scope covering all losses from use of the services is broad, but Section 9.2 limits the obligation where losses arise from the indemnified party's own negligence, fraud, willful misconduct, or breach. The asymmetry between the uncapped user indemnification obligation and the fee-based cap on Stripe's liability creates an asymmetric risk allocation that legal teams should assess. 3. JURISDICTION FLAGS: Certain US states impose limitations on indemnification provisions in commercial contracts, particularly where they seek to indemnify a party against its own negligence. EU jurisdictions may impose additional limitations under applicable commercial law. Legal teams should assess enforceability in their operating jurisdiction. 4. CONTRACT AND VENDOR IMPLICATIONS: The indemnification obligation extends to Stripe's affiliates and personnel, not solely Stripe as the contracting entity, which broadens the potential scope of indemnified parties. Procurement teams should assess whether this indemnification scope is consistent with their organization's standard vendor contract terms. 5. COMPLIANCE CONSIDERATIONS: Legal teams should assess whether the user indemnification scope, particularly the 'all Losses arising from use of the Services' formulation, is consistent with the organization's risk management framework and insurance coverage. Internal escalation procedures for claims where Stripe or its affiliates assert indemnification rights should be established.
Regulatory citations, enforcement risk, and due diligence action items.
Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.
This provision establishes a broad user indemnification obligation covering all losses arising from use of Stripe services, which extends to Stripe's affiliates and personnel and is not capped by the agreement's standard liability cap provisions.
Under this clause, users are contractually obligated to cover all losses Stripe and its affiliates incur arising from the user's service use, gross negligence, willful misconduct, fraud, or material breach; this obligation is not subject to the 12-month fee-based liability cap that applies to Stripe's liability to users.
ConductAtlas has identified this type of provision across 232 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by Stripe.