The agreement requires Customer to defend and indemnify Baseten at Customer's expense against third-party claims arising from Customer's use of Baseten products outside permitted parameters (Exclusions), Customer trademarks, or Customer's breach or alleged breach of the content and data warranties in Section 5.2.
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
This provision places defense and indemnification obligations on Customer for claims arising from alleged warranty breaches, including claims based on the allegation of a breach even where no actual breach is established, which creates exposure for Customer organizations in the event third parties challenge the legality or appropriateness of Customer Content or model deployments.
Under this clause, Customer is required to fund the defense of and pay damages in suits against Baseten arising from Customer Content issues, trademark matters, or alleged (not only proven) breaches of Customer's content warranties, including claims related to unauthorized data processing or infringement by Customer Content.
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Compare across platforms →"Customer will defend at its expense any suit brought against Baseten, and will pay any settlement Customer makes or approves, or any damages finally awarded in such suit, 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 (Customer Warranty).Excerpt from Baseten's Terms of Service
(1) REGULATORY LANDSCAPE: The indemnification obligation in Section 10.2 encompasses Customer's warranty under Section 5.2, which includes representations that Customer has obtained all necessary consents for processing personal data of third parties.
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This provision places defense and indemnification obligations on Customer for claims arising from alleged warranty breaches, including claims based on the allegation of a breach even where no actual breach is established, which creates exposure for Customer organizations in the event third parties challenge the legality or appropriateness of Customer Content or model deployments.
Under this clause, Customer is required to fund the defense of and pay damages in suits against Baseten arising from Customer Content issues, trademark matters, or alleged (not only proven) breaches of Customer's content warranties, including claims related to unauthorized data processing or infringement by Customer Content.
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