You agree to defend, indemnify, and hold the service harmless in case of a claim related to your use of the service


Service: Kixeye
Status: APPROVED
Changes: 3
Source: link
Author: ThePainofTOS Lv. 46 Curator


You agree to release, indemnify, and hold KIXEYE, its affiliates, and its and their employees, officers, and agents harmless from and against any and all claims, suits, liabilities, damages (actual and consequential), losses, fines, penalties, costs, and expenses (including reasonable attorneys' fees) arising from or in any way related to: (i) Your use of the Services, (ii) Your violation of this Agreement, applicable law, or any third-party rights, or (iii) Your fraud or willful misconduct. Such indemnified parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by You, in which event You will cooperate in asserting any available defenses.</p></li> <li><p>Release. If You are a California resident, You waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." If You are a resident of another jurisdiction, You waive any comparable statute or doctrine.


Comments:
On 2026-07-24 21:48:24 UTC, Clippy Lv. 23 Curator wrote:

changes-requested: Please change to case145 (https://edit.tosdr.org/cases/145)

On 2026-07-24 22:27:51 UTC, ThePainofTOS Lv. 46 Curator wrote:

@Clippy this part of the quote seemed to imply defense as well:
> Such indemnified parties reserve the right to assume the exclusive defense and control of any matter subject to indemnification by You, in which event You will cooperate in asserting any available defenses

On 2026-08-04 23:47:46 UTC, Dr_Jeff Lv. 98 Staff wrote:

APPROVED
No comment given



We track editorial changes to analyses and updates to a point's status and display the previous versions here as part of an effort to promote transparency regarding our curation process.

Version 3: 2026-08-04 23:47:46 UTC by Dr_Jeff 20149 Lv. 98 Curator
Analysis updated

Previous Status: CHANGES REQUESTED

Updated Status: APPROVED

Version 2: 2026-07-24 21:48:24 UTC by Clippy 42067 Lv. 23 Curator
Analysis updated

Previous Status: PENDING

Updated Status: CHANGES REQUESTED

Version 1: 2026-07-20 09:07:03 UTC by ThePainofTOS 35448 Lv. 46 Curator
Analysis created

Title: You agree to defend, indemnify, and hold the service harmless in case of a claim related to your use of the service

Analysis: Generated through the annotate view

Status: PENDING