If anyone sues Stripe because of something related to your business or how you used Stripe's services, you are responsible for paying Stripe's legal costs and any damages — even if Stripe wasn't directly at fault.
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 indemnification obligation allocates to users the financial and legal responsibility for defending Stripe against third-party claims connected to user activity, which establishes Stripe's protection from liability exposure associated with user conduct and operations.
Merchants face potentially unlimited financial liability to Stripe if third parties — including their own customers — bring claims connected to the merchant's products or services, regardless of whether Stripe had any role in causing the harm. This provision shifts significant litigation risk from Stripe to the merchant.
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"You agree to defend, indemnify, and hold harmless Stripe, its affiliates, and their respective employees, officers, directors, agents, and financial service providers from and against any claims, suits, demands, losses, liabilities, damages, fines, penalties, and expenses (including attorneys' fees) arising out of or relating to: (a) your use of the Services; (b) your products or services; (c) any dispute between you and your customers; (d) your violation of this Agreement, applicable laws, or the rights of any third party.— Excerpt from Stripe's Stripe Terms of Service
REGULATORY FRAMEWORK: Broad indemnification clauses in B2B commercial agreements are generally enforceable under UCC Article 1 and common law contract principles, subject to state-specific limitations on indemnifying a party for its own negligence (e.g., California Civil Code § 2782, New York GOL § 5-322.1 in construction contexts). UDAP statutes in several states restrict unconscionable contract terms (Cal. Civ. Code § 1670.5). For EU merchants, Directive 93/13/EEC on Unfair Contract Terms may limit enforceability of overly broad indemnification clauses in B2C contexts where merchants are themselves consumers.
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The indemnification obligation allocates to users the financial and legal responsibility for defending Stripe against third-party claims connected to user activity, which establishes Stripe's protection from liability exposure associated with user conduct and operations.
Merchants face potentially unlimited financial liability to Stripe if third parties — including their own customers — bring claims connected to the merchant's products or services, regardless of whether Stripe had any role in causing the harm. This provision shifts significant litigation risk from Stripe to the merchant.
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