You also agree that ActiveCampaign Parties will have control of the defense or settlement of any third party Claims.
Adobe
· Adobe Privacy Policy
Adobe maintains contracts with these third parties restricting their access, use and disclosure of personal data in compliance with our Data Privacy Framework obligations, including the onward transfer provisions, and Adobe remains liable if they fail to meet those obligations …
LinkedIn shifts financial exposure for third-party claims entirely onto the advertiser across a broad range of advertiser-related activities, including attorneys' fees.
You will be responsible for any breach of the Terms of Service by your affiliates, agents or subcontractors and will be liable as if it were your own breach.
...except to the extent such claim arises from content generated through Customer's use of optional AI Features made available with the W&B Assets.
Publisher and Sponsor agree that if it fails to comply with such applicable laws it will fully defend, hold harmless, and indemnify Kajabi against any such related claims or suits by any third party...
For the actions of third party agents Amplitude engages to process data on our behalf, Amplitude remains responsible and liable under the DPF Principles if a third party agent processes the Personal Data in a manner inconsistent...
Eufy
· Eufy Terms of Service
...providing sole and exclusive control of the defense of any action to us, including the choice of legal counsel and all related settlement negotiations...
Anyscale's retained liability for agent misconduct under the DPF Principles means individuals have a basis to hold Anyscale accountable even when a third-party agent caused the violation, subject to Anyscale's ability to prove non-responsibility.
The exclusion removes indemnity protection in the scenario where the customer had actual or constructive knowledge of infringement, shifting legal exposure back to the customer.
(iii) Output was modified, transformed, or used in combination with products or services not provided by or on behalf of OpenAI
(ii) Customer or Customer's End Users disabled, ignored, or did not use any relevant citation, filtering or safety features or restrictions provided by OpenAI
(vi) the allegedly infringing Output is from content from a Third Party Offering
(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.