You own your customer data in HubSpot, but you are entirely responsible for making sure you legally collected it and have the right to use it — HubSpot is not responsible if your data collection practices violate the law.
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
The provision allocates data ownership to the customer while establishing the customer's sole responsibility for data accuracy, quality, and legality. This framework clarifies that HubSpot does not claim ownership interest in customer data, but conditions the customer's use of the services on the customer's warranty of proper data acquisition and authority to license the data to HubSpot.
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 explicit Customer representations and warranties regarding data legality and acquisition rights eliminates important baseline liability protection for HubSpot.
View full change record →Business customers assume full legal responsibility for the lawfulness of all data they upload into HubSpot, including compliance with GDPR, CCPA, and CAN-SPAM — creating significant regulatory exposure for businesses that fail to audit their data sources.
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"As between HubSpot and Customer, Customer retains all right, title, and interest in Customer Data. Customer is solely responsible for the accuracy, quality, and legality of Customer Data and the means by which Customer acquired Customer Data. Customer represents and warrants that it has all necessary rights, consents, and permissions to submit Customer Data to the Services and to grant HubSpot the rights set forth herein.Excerpt from HubSpot's Terms of Service
(1) REGULATORY FRAMEWORK: This provision directly implicates GDPR Art.
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
We read the privacy policies and terms of service of 38 AI platforms. Here is what they say about training, retention, arbitration, and liability.
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The provision allocates data ownership to the customer while establishing the customer's sole responsibility for data accuracy, quality, and legality. This framework clarifies that HubSpot does not claim ownership interest in customer data, but conditions the customer's use of the services on the customer's warranty of proper data acquisition and authority to license the data to HubSpot.
Business customers assume full legal responsibility for the lawfulness of all data they upload into HubSpot, including compliance with GDPR, CCPA, and CAN-SPAM — creating significant regulatory exposure for businesses that fail to audit their data sources.
ConductAtlas has identified this type of provision across 279 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by HubSpot.