You agree to cover Stripe's legal costs, damages, and expenses if any claims arise from your business's use of Stripe, your transactions, your products or services, or any violation of the agreement.
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 terms require Users to indemnify Stripe for a broad range of claims including those arising from the User's products and services, third-party claims related to the User's transactions, and any disputes or chargebacks, which creates significant financial exposure for businesses that use Stripe to process payments for contested or high-risk products.
Interpretive note: The enforceability of indemnification provisions covering third-party claims and the User's own products may vary by jurisdiction, particularly where applicable law limits indemnification for a party's own negligence without explicit contractual language.
This provision requires businesses using Stripe to cover Stripe's legal costs and liabilities arising from a wide range of circumstances including the business's own products, chargebacks, and third-party claims related to the business's use of the platform, creating open-ended financial exposure for the User.
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"You agree to defend, indemnify, and hold Stripe and its affiliates harmless from and against any and all claims, damages, suits, actions, liabilities, costs, and expenses (including reasonable attorneys' fees) (collectively, 'Losses') arising out of or relating to (a) your breach of any provision of this agreement; (b) your use of the Services; (c) any Disputes, Charges, Reversals, Refunds, or fines arising from your transactions; (d) products or services offered by you through your use of the Services; (e) any negligence or willful misconduct by you; or (f) third-party claims arising from or related to your use of the Services.— Excerpt from Stripe's Stripe Terms of Service
REGULATORY LANDSCAPE: Broad indemnification provisions in commercial payment processing agreements are a standard industry practice. Their enforceability depends on applicable state law, with certain jurisdictions limiting indemnification obligations for a party's own negligence or willful misconduct. The FTC's commercial practices authority may be relevant if indemnification terms are applied in ways that are materially inconsistent with disclosures made to Users at onboarding. GOVERNANCE EXPOSURE: Medium. The indemnification scope is broad, covering claims arising from the User's products and services (not just Stripe's platform use), third-party claims, and all disputes and chargebacks. The inclusion of 'reasonable attorneys' fees' as an indemnifiable cost creates exposure for legal costs even in disputes that are ultimately resolved without liability. The obligation applies to Stripe's affiliates as well as Stripe itself. JURISDICTION FLAGS: Some US states limit the enforceability of indemnification clauses that purport to cover a party's own negligence without explicit language to that effect. EU jurisdictions may impose constraints on indemnification provisions in commercial agreements under applicable mandatory law. The scope of the obligation for international Users should be evaluated against the law of the governing jurisdiction specified in their Stripe agreement. CONTRACT AND VENDOR IMPLICATIONS: Legal teams reviewing the SSA for vendor risk purposes should assess the indemnification scope against the business's product liability profile and existing insurance coverage. Businesses with high dispute rates, controversial product categories, or significant third-party claim exposure should treat this provision as a material risk factor. The provision should be disclosed in any vendor risk assessments or partnership agreements that reference Stripe as a payment processor. COMPLIANCE CONSIDERATIONS: Compliance teams should assess whether the business's general liability and errors-and-omissions insurance covers indemnification obligations to Stripe and whether the policy limits are sufficient given the potential scope of third-party claims. Legal review should confirm that the indemnification obligation does not extend to Stripe's own negligence or willful misconduct, and flag any ambiguity in the provision's language on that point.
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The terms require Users to indemnify Stripe for a broad range of claims including those arising from the User's products and services, third-party claims related to the User's transactions, and any disputes or chargebacks, which creates significant financial exposure for businesses that use Stripe to process payments for contested or high-risk products.
This provision requires businesses using Stripe to cover Stripe's legal costs and liabilities arising from a wide range of circumstances including the business's own products, chargebacks, and third-party claims related to the business's use of the platform, creating open-ended financial exposure for the User.
ConductAtlas has identified this type of provision across 71 platforms. See the full comparison.
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