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
The updated terms establish new restrictions on how merchants may use Stripe Output Data, prohibiting its use for automated decision-making about customer relationships, credit or employment eligibility determinations, or training AI systems that substitute for Stripe's Services. Merchants using AI Agents to access Stripe Services are now explicitly liable for all actions initiated by those agents, as the terms state such actions are legally binding. Data breach notification obligations have been tightened: users must notify Stripe within 48 hours of becoming aware of a data incident affecting Stripe or its Affiliates, and must provide specific information about the type of data, affected individuals, and remediation status. You can review the specific restrictions on Stripe Output Data use in the updated Service Terms and adjust any automated processes or AI Agent integrations accordingly.
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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.
"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
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The clause states: “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.”
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