Both HubSpot and your business must keep each other's sensitive business information private and use it only for purposes related to the HubSpot services — both sides have this obligation.
This analysis describes what HubSpot'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 clause establishes a reciprocal confidentiality framework that defines the standard of care each party must maintain when handling sensitive information. The provision creates an enforceable obligation to limit use and disclosure of Confidential Information, with the duty of care calibrated to either the party's internal practices or a reasonable care baseline, whichever is higher.
The updated terms now explicitly state that AI is embedded throughout HubSpot's platform and is foundational to how subscription services operate. The agreement permits HubSpot to use customer data to train AI models, subject to contractual obligations. You can opt out of having your data used to train AI models by updating your settings in your HubSpot account.
View change record →Removal of mutual confidentiality obligations eliminates explicit protections for sensitive business information shared between parties.
View full change record →The mutual confidentiality obligation protects business customers' sensitive commercial information shared with HubSpot during the course of the relationship, but enforcement requires legal action in Massachusetts courts under the governing law clause.
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"Each party agrees to keep confidential all Confidential Information of the other party and to use such Confidential Information only as necessary to perform its obligations or exercise its rights under this Agreement. Each party will protect the other's Confidential Information using at least the same degree of care it uses to protect its own confidential information, but in no event less than reasonable care.— Excerpt from HubSpot's HubSpot Terms of Service
(1) REGULATORY FRAMEWORK: Confidentiality obligations in B2B SaaS agreements are governed by contract law and trade secret law (Defend Trade Secrets Act, 18 U.S.C. §1836; state trade secret laws based on the Uniform Trade Secrets Act). To the extent Confidential Information includes personal data, GDPR Art. 32 security requirements and CCPA §1798.150 data security provisions also apply. The 'reasonable care' standard is the floor — regulated data categories (health, financial, biometric) require higher standards under sector-specific law. (2)
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This clause establishes a reciprocal confidentiality framework that defines the standard of care each party must maintain when handling sensitive information. The provision creates an enforceable obligation to limit use and disclosure of Confidential Information, with the duty of care calibrated to either the party's internal practices or a reasonable care baseline, whichever is higher.
The mutual confidentiality obligation protects business customers' sensitive commercial information shared with HubSpot during the course of the relationship, but enforcement requires legal action in Massachusetts courts under the governing law clause.
ConductAtlas has identified this type of provision across 1 platforms. See the full comparison.
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