Third-party claims that OpenAI’s services infringe intellectual property, including claims that your use or distribution of output infringes.
- Covered
- OpenAI API; ChatGPT Enterprise, Edu and Healthcare
- Not covered
- ChatGPT Business, whose terms cover claims that OpenAI’s services themselves infringe but not your output; beta services, Prompt-to-Voice and third-party offerings. Individual ChatGPT plans run on separate consumer terms.
- Cap
- Not subject to the 12-month fees cap: the Business Terms carve indemnity out of it
- Dates
- Announced 6 November 2023. Terms dated 16 October 2026.
Conditions
- You did not know, and should not have known, the output was likely to infringe
- You did not turn off or ignore citation, filtering or safety features
- The output was not modified or combined with products OpenAI does not provide
- You had the right to use the inputs and fine-tuning files
Not covered even on a paid plan
- Trademark claims over using output in trade
- Claims caused by your fine-tuning, your inputs or your own application
- Output from third-party offerings
Source: OpenAI Service Terms, s1(a) and s3(b); Business Terms s10 and s11.2; OpenAI DevDay announcement, 6 Nov 2023.
Microsoft
Customer Copyright CommitmentThird-party copyright claims over your use of covered Copilot services or their output. Microsoft defends and pays adverse judgments or settlements.
- Covered
- Paid commercial Copilot services, including Microsoft 365 Copilot (per Microsoft’s 2023 announcement); Azure OpenAI in Microsoft Foundry; Copilot Studio
- Not covered
- Free and consumer products
- Cap
- Not stated on Microsoft’s pages
- Dates
- Announced 7 September 2023. Terms dated 20 March 2026.
Conditions
- You use the content filters and safety systems built into the product
- You do not try to generate infringing material or input content you have no right to use
- Azure OpenAI: required mitigations, including a metaprompt against infringement, protected-material and jailbreak filters, and a kept testing report
Not covered even on a paid plan
- Azure OpenAI text flagged as protected material by the asynchronous filter
- Copilot Studio output from models hosted outside it that do not meet the Azure OpenAI mitigations
- Code flagged as protected material, unless you comply with the license Microsoft cites
Source: Microsoft Learn: Customer Copyright Commitment required mitigations; Microsoft announcement, 7 Sep 2023.
GitHub
Defense of third-party claims (Copilot)If your GitHub or Microsoft agreement includes defense of third-party claims, it applies to GitHub’s generative AI services, including their output. GitHub extended it to code referencing in September 2024.
- Covered
- Copilot Business and Copilot Enterprise
- Not covered
- Preview and pre-release features, which run on GitHub’s Pre-Release License Terms
- Cap
- As set in your agreement; not stated in the AI terms
- Dates
- Announced 7 September 2023. Terms dated 5 March 2026.
Conditions
- A volume-licensing agreement that provides for defense of third-party claims
- For referenced code, you follow the license GitHub cites
- You follow GitHub’s acceptable use policies and AI code of conduct
Not covered even on a paid plan
- Pre-release and preview features
Source: GitHub Generative AI Services Terms, section 4; GitHub blog, 30 Sep 2024.
Google Cloud
Generative AI indemnificationTwo parts: claims that Google’s services infringe, which Google says applies regardless of the training data; and claims that unmodified generated output from a listed service infringes.
- Covered
- Services on Google’s Generative AI Indemnified Services list, including Gemini for Google Cloud and Google models on its agent platform (formerly Vertex AI)
- Not covered
- Pre-GA features and services not on the list
- Cap
- Uncapped: the Cloud Terms take indemnity out of the liability limit
- Dates
- Announced 12 October 2023. Terms dated 20 July 2026.
Conditions
- The output is unmodified and came from a listed service
- You did not try to create or use output to infringe others’ rights
- You use the responsible-AI tools Google provides, such as source citation
Not covered even on a paid plan
- Pre-GA features
- Services and models not on the indemnified list
Source: Google Cloud Service Specific Terms (generative AI indemnification); Cloud Terms s12.3(b) and s13. Date shown is the indemnified services list’s last update; Google Cloud announcement, 12 Oct 2023.
Google Workspace
Generative AI indemnificationThe same generated-output indemnity as Google Cloud, for the Workspace services Google lists.
- Covered
- Gemini in Workspace and Google Vids, as listed by Google
- Not covered
- Anything not on Google’s indemnified services list
- Cap
- Not stated on the pages we read
- Dates
- Announced 12 October 2023. Terms dated 20 July 2026.
Conditions
- You did not try to create or use output to infringe others’ rights
Not covered even on a paid plan
- Services not on the indemnified list
Source: Google Generative AI Indemnified Services list; Google Cloud announcement, 12 Oct 2023.
Amazon Web Services
Indemnified Generative AI ServicesThird-party claims that output from an indemnified service infringes or misappropriates intellectual property. AWS defends and pays any adverse final judgment or settlement.
- Covered
- Generally available Amazon Nova and Titan models, Amazon Q (not the Q Developer free tier), Kiro (not its free tier), Amazon Connect, Lex, Personalize, HealthScribe, Transform, Quick and other listed services
- Not covered
- Third-party models on Amazon Bedrock, such as Anthropic, Meta or Mistral models; free tiers and non-GA features
- Cap
- Uncapped: the terms say it is not subject to any damages cap
- Dates
- Announced 29 November 2023. Terms dated 13 October 2026.
Conditions
- You give AWS prompt written notice and let it control the defense
- You keep records showing you were eligible, and cooperate
- You enable the available filters and follow AWS’s instructions for the service
Not covered even on a paid plan
- Claims from your own infringing inputs or data
- Claims caused by your fine-tuning or customization
- Output you know or should know may infringe, or use after notice to stop
- Trademark claims over your use of output
- Breach of your AWS agreement
Source: AWS Service Terms, section 50.10; AWS announcement, Nov 2023.
Adobe
Firefly IP indemnificationClaims that Firefly output directly infringes a third party’s patent, copyright, trademark, publicity or privacy rights.
- Covered
- Eligible Firefly features, such as text to image, generative fill and expand, video and audio generation, used through eligible apps including Photoshop, Illustrator, Express, Premiere and the Firefly website and APIs
- Not covered
- Features powered by non-Adobe-trained models; beta and trial features; plans without a qualifying entitlement
- Cap
- The same limitation of liability that applies to technology IP claims in your Adobe contract
- Dates
- Announced 8 June 2023. Terms dated 27 August 2026.
Conditions
- Your Adobe agreement links to the Firefly product description and you hold the qualifying entitlement
- The output is downloaded or exported from an eligible app by a qualifying user
Not covered even on a paid plan
- Output you modified with any product or service
- Content you supply for custom training
- Use after Adobe tells you to stop, or in breach of your agreement
Source: Adobe Firefly product description (eligible features and apps); Adobe Firefly legal FAQ for enterprise customers (rights covered, exclusions and cap).
Anthropic
Commercial Terms IP indemnityClaims that your paid use of Anthropic’s services, including the data used to train its models, or outputs from that use, violate a third party’s intellectual property rights.
- Covered
- The Anthropic API and other Anthropic business offerings governed by its Commercial Terms
- Not covered
- Consumer offerings such as Claude.ai, which Anthropic says run on its Consumer Terms
- Cap
- Uncapped: the liability limits do not apply to the indemnity
- Dates
- Announced 19 December 2023. Terms dated 17 June 2025.
Conditions
- Paid use in line with the terms
Not covered even on a paid plan
- Changes you make to the services or outputs
- Combining them with technology or content Anthropic does not provide
- Your inputs or other data
- Use you know or should know infringes
- Practicing a patented invention contained in an output
- Trademark claims over using output in trade
- Your fraud, wilful misconduct, breach of law or breach of the agreement
Source: Anthropic Commercial Terms of Service, sections K and L.3; Anthropic announcement, 19 Dec 2023.
IBM
IP indemnity for IBM-developed watsonx modelsIBM’s standard contractual IP indemnity, the same it gives for its hardware and software, applied to its own watsonx models.
- Covered
- IBM-developed foundation models in watsonx, such as the Granite and Slate families
- Not covered
- Models IBM does not list as covered, such as third-party models in watsonx
- Cap
- IBM says it does not cap the indemnity for its own models
- Dates
- Announced 28 September 2023. No date on the provider's page.
Conditions
- As set in IBM’s contract terms, which IBM did not publish on the pages we read
Not covered even on a paid plan
- Models not on IBM’s covered list
Source: IBM watsonx.ai foundation models page; IBM announcement, 28 Sep 2023.
Getty Images
Generative AI by Getty ImagesGetty says each licensed download from its generative tool comes with uncapped indemnification.
- Covered
- Images made and licensed with Getty’s generative AI tool, on its website or API
- Not covered
- Not stated on the page we read
- Cap
- Uncapped, according to Getty’s product page
- Dates
- Announced 25 September 2023. No date on the provider's page.
Conditions
- The image is downloaded and licensed through the tool
Not covered even on a paid plan
- Set out in Getty’s license terms, which are not on the page we read
Source: Getty Images generative AI product page.
Shutterstock
Enterprise indemnification for AI imagesShutterstock said in July 2023 that enterprise customers get full indemnification for licensing and using AI images made on its site, with requests reviewed by people.
- Covered
- AI-generated images licensed by enterprise customers on shutterstock.com
- Not covered
- Non-enterprise customers
- Cap
- Not stated
- Dates
- Announced 6 July 2023. No date on the provider's page.
Conditions
Not covered even on a paid plan
- Not stated in the announcement
Source: Shutterstock press release, 6 Jul 2023.
AI indemnification at no extra cost for intellectual property claims over content designed with Magic Studio products.
- Covered
- Content made with Magic Studio by eligible Canva Enterprise customers
- Not covered
- Plans other than Enterprise are not named
- Cap
- Not stated
- Dates
- Announced 4 October 2023. No date on the provider's page.
Conditions
- Eligible Enterprise customer, as Canva defines it
Not covered even on a paid plan
Source: Canva Shield page.
Cohere
Cohere Copyright AssuranceCopyright claims that an output infringes, as your sole remedy. A separate clause covers claims that Cohere’s services themselves infringe intellectual property.
- Covered
- Cohere API services under its SaaS Agreement
- Not covered
- Beta services
- Cap
- The Copyright Assurance sits outside the 12-month fees cap; the general services indemnity is not carved out of it
- Dates
- No date on the provider's page.
Conditions
- You are paid up and not in breach
- You did not intentionally use the service to generate infringing output
- The claim does not come from your fine-tuning or changes
- You stop using output you know or should know infringes
Not covered even on a paid plan
- Copyright claims only: not trademark or other IP claims over output
- Beta services
Source: Cohere SaaS Agreement, sections 11 and 12.
Mistral AI
Commercial Terms IP indemnityClaims that the Mistral AI products provided to you infringe intellectual property. The clause does not mention output directly; output appears only in the exclusions.
- Covered
- Mistral AI products under its Commercial Terms of Service
- Not covered
- Consumer services, which have separate terms
- Cap
- Total liability is capped at 12 months of fees; the indemnity is not listed as an exception
- Dates
- Terms dated 25 September 2026.
Conditions
- Subject to the section 8.2 exclusions
Not covered even on a paid plan
- Combining the products with software or equipment Mistral does not provide
- Changes to the products or output by anyone else
- Your data, breach of the terms, or use you knew was likely to infringe
Source: Mistral AI Commercial Terms of Service, sections 8 and 9.2.
Perplexity
Enterprise and API IP indemnityClaims that Perplexity’s services or the outputs it provides to you infringe a third party’s intellectual property.
- Covered
- Perplexity Enterprise and the Perplexity API
- Not covered
- Free trials and other no-fee use; beta services
- Cap
- Uncapped: the terms carve indemnity out of the fees cap
- Dates
- Terms dated 3 August 2026.
Conditions
- Use in line with Perplexity’s documentation and guidelines
- You have the rights to your inputs
- You stop use after notice of a claim or once a non-infringing alternative is offered
Not covered even on a paid plan
- Combinations with non-Perplexity products or data, and changes by others
- Data from third-party sources you connect
- Your gross negligence, misconduct or breach
Source: Perplexity Enterprise Terms s7.3 and s8.2; API Terms s9.2; Perplexity API Terms of Service.
No indemnity from Meta. The license makes you indemnify Meta against third-party claims, and disclaims warranties on the models and their output.
- Applies to
- Llama models and their output, licensed as is
- Dates
- Terms dated 5 April 2025.
Source: Llama 4 Community License, sections 3 to 5.
No indemnity from Midjourney. Users indemnify Midjourney, images are provided as is, and Midjourney disclaims non-infringement.
- Applies to
- All Midjourney services and images
- Dates
- Terms dated 27 May 2026.
Source: Midjourney Terms of Service, sections 1 and 10.
No indemnity from Stability AI on its public terms. Users indemnify Stability, including for outputs, and non-infringement is disclaimed.
- Applies to
- Stability’s services, API and software under its public terms
- Dates
- Terms dated 30 September 2026.
Source: Stability AI Terms of Service, section 11.
Providers not listed here were not checked; that is not the same as offering nothing. Negotiated enterprise contracts can differ from the public terms.
