This analysis describes what Zendesk'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
How other platforms handle this
PlanetScale will, at its sole option and expense, (i) procure for Customer the right to make continued use of the Product, (ii) replace or modify such...or (iii) terminate this Agreement and refund any prepaid but unused Fees
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...
You agree to promptly notify the Workday Parties of any Claims, cooperate with the Workday Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims...
"If Zendesk reasonably believes that the Services might result in an IP Claim, Zendesk may: (a) procure rights for Customer to continue using the Services; (b) replace or modify the alleged infringing portion...Excerpt from Zendesk's Terms of Service
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The clause states: “If Zendesk reasonably believes that the Services might result in an IP Claim, Zendesk may: (a) procure rights for Customer to continue using the Services; (b) replace or modify the alleged infringing portion...”
ConductAtlas has identified this type of provision across 225 platforms. See the full comparison.
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