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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The Indemnifying Party will have the sole right to conduct the defense of any Claim for which the Indemnifying Party is responsible hereunder, provided that the Indemnifying Party may not settle any Claim without the Indemnified Party's prior written approval unless...
giving the defending party the right to fully control the defense and settlement of the Claim provided, however, that any settlement unconditionally releases Customer Parties or Smartsheet Parties subject to the Claim of all liability...
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.
"A party's obligations to indemnify the other party do not apply to the extent the Claim or Losses arise out of the other party's breach of this Agreement, negligence, fraud or willful misconduct.Excerpt from Stripe's Terms of Service
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The clause states: “A party's obligations to indemnify the other party do not apply to the extent the Claim or Losses arise out of the other party's breach of this Agreement, negligence, fraud or willful misconduct.”
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