Customers are required to indemnify, defend, and hold harmless Replicate, its affiliates, and their personnel against all losses arising from the customer's use of the services, customer data (including inputs and outputs), violations of third-party terms by authorized users, and any negligence or misconduct by the customer or its representatives. This obligation covers allegations, not only established facts.
This analysis describes what Replicate'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 requires customers to assume defense costs and liability for a broad range of claims arising from their use of the platform, including claims arising from AI-generated outputs and third-party model license violations by authorized users. The indemnification trigger covers allegations of breach, not only proven breaches, creating potential exposure before any liability determination.
Under this clause, customers are contractually obligated to defend Replicate against and cover all losses related to claims arising from their platform use, customer data, authorized user conduct, and third-party term violations. The obligation includes costs related to AI-generated outputs that may be challenged by third parties, including potential copyright or defamation claims.
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Compare across platforms →"Customer shall indemnify, defend, and hold harmless Replicate and its Affiliates, officers, directors, employees, agents, successors, and assigns (each, a " Replicate Indemnitee ") from and against any and all Losses incurred by such Replicate Indemnitee resulting from Customer's use of the Services, including in respect of any Action that relates to or arises out of or results from: (a) Customer Data, including any Inputs, Outputs, and processing of Customer Data by a Model; (b) Customer or its Authorized Users' breach of Third Party Terms; (c) any other materials or information (including any documents, data, specifications, software, content, or technology) provided by or on behalf of Customer; (d) allegation of facts that, if true, would constitute Customer's breach of any of its representations, warranties, covenants, or obligations under these Terms; (e) negligence, or more culpable act or omission (including recklessness or willful misconduct) by Customer, any Authorized User, or any third party on behalf of Customer, in connection with these Terms.Excerpt from Replicate's Acceptable Use Policy
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This provision requires customers to assume defense costs and liability for a broad range of claims arising from their use of the platform, including claims arising from AI-generated outputs and third-party model license violations by authorized users. The indemnification trigger covers allegations of breach, not only proven breaches, creating potential exposure before any liability determination.
Under this clause, customers are contractually obligated to defend Replicate against and cover all losses related to claims arising from their platform use, customer data, authorized user conduct, and third-party term violations. The obligation includes costs related to AI-generated outputs that may be challenged by third parties, including potential copyright or defamation claims.
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