This analysis describes what OpenAI'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 obligation shifts the financial and legal burden of third-party IP infringement claims about the Services from Customer to OpenAI.
Interpretive note: The excerpt is truncated after 'alleging that t...' and does not reveal the complete definition of the covered 'Claim' or any conditions or exclusions attached to the indemnity. The canonical claim is limited to what the visible text establishes. Any conditions or exclusions in the omitted text are unknown and not asserted.
If a third party claims the Services infringe their intellectual property, OpenAI is obligated to defend you and cover resulting liabilities, damages, and reasonable attorneys' fees.
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DeepL shall not settle or recognise claims of third parties without Customer's consent which shall not be unreasonably withheld or delayed.
To the extent permitted by applicable law, this Section 13 (Indemnification) states the parties' sole and exclusive remedy under this Agreement for any third-party allegations of Intellectual Property Rights infringement...
Customer must provide us with prompt written notice of any Claim Against Customer and allow us the right to assume the exclusive defense and control...
"OpenAI agrees to indemnify, defend, and hold Customer harmless against any liabilities, damages and costs (including reasonable attorneys' fees) payable to a third party arising out of a Claim alleging that t...Excerpt from OpenAI's Business Terms
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This obligation shifts the financial and legal burden of third-party IP infringement claims about the Services from Customer to OpenAI.
If a third party claims the Services infringe their intellectual property, OpenAI is obligated to defend you and cover resulting liabilities, damages, and reasonable attorneys' fees.
ConductAtlas has identified this type of provision across 229 platforms. See the full comparison.
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