This analysis describes what Baseten'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 indemnity obligation falls on the Customer for three distinct categories of claims, including alleged breach, meaning the Customer bears defense costs even if the underlying breach allegation is unproven.
The reader is obligated to fund Baseten's defense in suits that fall within the three specified categories, including suits based on alleged rather than proven breaches of Section 5.2.
How other platforms handle this
Smartsheet has no obligation or liability under this Section 7.1 to the extent any Claim Against Customer arises from...Smartsheet's compliance with designs, specifications, or instructions provided in writing by Customer if such infringement would not have occurred but for such designs, specificati...
Customer's failure to use any enhancements, modifications, or updates to the CS Service that have been provided by Contentsquare
Customer provides PlanetScale: (i) prompt written notice of the Infringement Claim to support@planetscale.com, (ii) exclusive control over the defense and settlement of the Infringement Claim
"Customer will defend at its expense any suit brought against Baseten...insofar as such suit is based on a claim arising out of or relating to (a) an Exclusion, (b) the Customer Marks, or (c) Customer's breach or alleged breach of Sections 5.2...Excerpt from Baseten's Terms of Service
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The indemnity obligation falls on the Customer for three distinct categories of claims, including alleged breach, meaning the Customer bears defense costs even if the underlying breach allegation is unproven.
The reader is obligated to fund Baseten's defense in suits that fall within the three specified categories, including suits based on alleged rather than proven breaches of Section 5.2.
ConductAtlas has identified this type of provision across 224 platforms. See the full comparison.
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