If the Transferred Design incorporates any elements created using generative artificial intelligence (“AI”) tools or services, then Designer warrants that it: (i) has fully complied with the 99designs T&Cs and all 99designs policies, requirements and guidelines surrounding the use of generative AI in Design Concepts; (ii) has fully informed Client about the incorporation of generative AI elements within the Transferred Design; and (iii) obtained from the utilized generative AI service or otherwise possesses all necessary and sufficient rights and permissions to enable Designer to make the assignment set forth above. Client understands and acknowledges that the assignment set forth above might not include any intellectual property rights in the generative AI elements of the Transferred Design, depending on prevailing applicable law at the time of and after such assignment.
5.4. Indemnity
Designer shall defend, indemnify and hold harmless Client, 99designs and 99designs' affiliates and third-party providers
(each, an "Indemnified Party") from and against any loss, cost, expense or damage (including legal costs on a full indemnity basis) which an Indemnified Party may suffer or incur as a result of a breach by the Designer of any of the provisions of Sections 5.1, 5.2 and/or 5.3.
5.5. Liability of 99designs and its third-party providers
99designs and any of its third-party providers have no responsibility or liability in relation to (i) any right, title or interest subsisting in a Transferred Design and/or (ii) any breach of this DTA by Client or Designer.
Without any prejudice to the above, Client and Designer agree that 99designs and its affiliates and third-party providers may rely on and benefit from the indemnity provision set out in Section 5.4.