If a third party sues Synthesia because of something you did or content you created using the platform, you are responsible for covering Synthesia's legal costs and any resulting damages.
This analysis describes what Synthesia'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 clause means that customers, not Synthesia, bear the financial and legal risk if their AI-generated content causes harm to or generates claims from third parties, including individuals whose likenesses may appear in videos.
Customers who create AI avatar videos that infringe third-party rights, violate consent requirements, or breach the Acceptable Use Policy may be required to pay Synthesia's legal fees and cover any damages awarded against it, creating potentially significant financial exposure.
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"You will indemnify, defend and hold harmless Synthesia and its officers, directors, employees, agents, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys' fees, arising out of or relating to: (i) your breach of this Agreement; (ii) any Customer Content; (iii) your use of the Services; or (iv) the gross negligence or wilful misconduct of you or your personnel.— Excerpt from Synthesia's Synthesia Terms of Service
REGULATORY LANDSCAPE: This provision interacts with GDPR and the EU AI Act where customer content involves personal data or AI-generated human likenesses, as failures to obtain lawful consent for data used in avatars could trigger both regulatory liability and indemnification obligations under this clause. The FTC Act is relevant for US customers where synthetic media use constitutes deceptive practice. Enforcement authorities include EU supervisory authorities, the ICO, and the FTC. GOVERNANCE EXPOSURE: High. The indemnification scope is broad, covering all losses arising from customer content or use, including reasonable attorneys' fees, without a monetary cap. Enterprise customers should assess whether this exposure is insurable and whether their existing commercial general liability or errors and omissions policies respond to AI-generated content claims. JURISDICTION FLAGS: EU and UK customers should note that indemnification clauses may interact with consumer protection law in certain contexts, though this agreement targets business customers. Customers operating in US states with specific synthetic media statutes (California, Texas, Illinois) face heightened exposure if avatar content violates those laws, as such violations would likely trigger this clause. CONTRACT AND VENDOR IMPLICATIONS: Enterprise procurement teams should flag this clause as a standard contract review trigger, as the mutual indemnification structure (if any) and scope of covered claims may not align with standard B2B vendor agreements. The absence of an indemnification cap separate from the liability cap creates asymmetric risk for high-volume or high-profile content producers. COMPLIANCE CONSIDERATIONS: Customers should implement internal content review processes to verify Acceptable Use Policy compliance before publishing AI-generated videos, and should document consent for any real human likeness used in custom avatars to reduce indemnification exposure. Legal teams should assess whether existing insurance coverage extends to third-party claims arising from AI-generated content.
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This clause means that customers, not Synthesia, bear the financial and legal risk if their AI-generated content causes harm to or generates claims from third parties, including individuals whose likenesses may appear in videos.
Customers who create AI avatar videos that infringe third-party rights, violate consent requirements, or breach the Acceptable Use Policy may be required to pay Synthesia's legal fees and cover any damages awarded against it, creating potentially significant financial exposure.
ConductAtlas has identified this type of provision across 10 platforms. See the full comparison.
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