indemnity liability · Terms of Service
Devin (Cognition AI) policy finding
“ 9.1 Cognition Indemnification: This Section 9.1 applies only to Customers on the Paid Service Tiers and does not apply to Customers on the Free Service Tier. Subject to the foregoing, Cognition shall defend Customer against any third-party claim, suit, action, or proceeding (“Third-Party Claim”) that the Services, when used in accordance with the terms of this Agreement, infringes or misappropriates such third party's patents, copyrights, or trade secrets, and will indemnify and hold harmless Customer against any damages and costs awarded against Customer (including reasonable attorneys' fees) or agreed in a settlement resulting from the Third-Party Claim, provided, that Customer (i) promptly notifies Cognition in writing of such Third-Party Claim; (ii) cooperates with Cognition in connection with such Third-Party Claim; and (iii) allows Cognition sole authority to control the defense and any settlement of such Third-Party Claim. If such a Third-Party Claim is made or appears possible, Customer agrees to permit Cognition, at Cognition's sole discretion, to (A) modify or replace the Services, or component or part thereof, to make the Services, or such component or part, as applicable, non-infringing; or (B) obtain the right for Customer to continue use of the Services, or component or part thereof, as applicable. If Cognition determines that neither alternative is reasonably available, Cognition may terminate this Agreement, in its entirety or with respect to the affected component or part, effective immediately on written notice to Customer. ”
- Document
- Terms of Service
- Captured
- 2026-07-20
- Location
- § 9.1
- Snapshot SHA-256
- e3971b9e07932f05ecfaf33671651b36d86555b7af8731ea1424969f390bda4c
Informational only, not legal advice. Terms change; verify the source and capture date.