(v) the claim alleges violation of trademark or related rights based on Customer's or its End Users' use of Output in trade or commerce
(iv) Customer or its End Users did not have the right to use the Input or fine-tuning files to generate the allegedly infringing Output
This indemnity shifts financial and legal exposure for intellectual property infringement claims arising from Output directly onto OpenAI rather than the API customer.
...(b) any breach of applicable laws, including but not limited to data privacy regulations...
...(c) any harm caused to other users of the platform through the misuse of the APIs or API Content/Terms.
API Providers agree to indemnify and hold Rapid harmless from any claims, penalties, or liabilities arising from such inaccuracies.
The clause places the financial burden of defending and satisfying claims on the associate, extending that obligation to a broad set of Amazon-related entities and individuals.
indemnify and hold harmless Customer against any damages, fines or costs finally awarded by a court of competent jurisdiction (including reasonable attorneys' fees) or agreed in settlement by Atlassian resulting from an Infringement Claim.
Loom
· Loom Terms of Service
indemnify and hold harmless Customer against any damages, fines or costs finally awarded by a court of competent jurisdiction (including reasonable attorneys' fees) or agreed in settlement by Atlassian...
Atlassian's duty to defend provides the customer with legal protection and defense costs coverage when a third party alleges that Atlassian's own products infringe intellectual property rights, but only to the extent the customer used them as authorized.
Loom
· Loom Terms of Service
This clause establishes a mandatory defense obligation on Loom's part, but it applies only to the extent the claim arises from authorized use, meaning use outside the agreement's authorization may not be covered.
Loom
· Loom Privacy Policy
Atlassian bears residual legal liability for its agents' data handling failures under the EU-U.S. DPF, shifting the burden to Atlassian to prove non-responsibility rather than requiring the affected individual to prove Atlassian's fault.
Atlassian remains liable under the EU-U.S. DPF Principles...if the Atlassian's agent processes personal information in a manner inconsistent with the EU-U.S. DPF Principles...unless the Atlassian proves that it is not responsible for the event giving rise to damage.
DocuSign
· DocuSign Terms and Conditions
Docusign will indemnify you and your Affiliates...from, and defend the Indemnified Parties against, any actual or threatened third-party claim...to the extent arising from or related to: (a) any alleged infringement of any third-party intellectual property rights
Airbnb
· Airbnb Terms of Service
The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your negligence or breach of a contractual obligation...
Rumble
· Rumble Terms of Service
If you receive payments from Rumble as the person authorized by the creator or rightsholder to retain Rumble as Agent, you indemnify and hold harmless Rumble from and against any claim by the creator or rightsholder...
This clause places the legal defense burden on AWS Bedrock rather than the customer when third-party IP claims arise from AI-generated output, which is a meaningful protection given the unresolved legal landscape around generative AI and copyright.
AWS
· AWS Customer Agreement
AWS assumes both the defense burden and the financial obligation for third-party IP claims directed at its Services, shielding customers and their personnel from those costs.
This commitment means the Customer is not left to bear the cost and burden of defending IP infringement claims that arise from Baseten's own products and services.
Baseten will have no obligation under this section or otherwise with respect to any infringement claim based upon (i) any use of the Baseten Products & Services not in accordance with this Agreement...or (iv) any Customer Content...
Baseten may, at Baseten's option: (a) procure for Customer the right to continue using the Baseten Products & Services; (b) replace the Baseten Products & Services with non-infringing software...or (d) terminate this Agreement and refund any unused prepaid Fees...
Baseten will be liable for any breach of this DPA caused by a Sub-Processor to the extent Baseten would have been liable had such breach been caused by Baseten.
Faire
· Faire Terms of Service
Users bear personal financial exposure for any costs Faire or its corporate family incurs as a result of the user's breach, including legal fees and damages.
The indemnification obligation is broad, covering any and all third-party claims and extending to Mercury's subsidiaries, agents, licensors, managers, and affiliated companies, potentially exposing users to significant financial liability.
This clause places financial responsibility on the user for a broad set of third-party or regulatory claims connected to their content or conduct, which could expose users to significant liability.
Grindr
· Grindr Terms of Service
The indemnification obligation is broad, covering any and all losses with no stated cap, and is triggered by anything arising out of or in any way related to a user's access or use.
Yelp
· Yelp Terms of Service
This clause places the financial burden of defending and resolving third-party legal claims on the user rather than Yelp, potentially exposing users to significant legal costs.
Kick
· Kick Terms of Service
The indemnification obligation is broadly worded to cover any and all claims, which means users could bear significant financial exposure for disputes involving Kick and its wide network of affiliated entities.
Lime
· Lime Terms of Service
This obligation means users bear the financial and legal burden of defending Lime's Released Parties against a broad range of claims connected to the user's own use of the services or products.
The obligation covers all liabilities, claims, damages, costs, and expenses with no stated cap, meaning a user could face substantial financial exposure for misuse or breach.