HubSpot · HubSpot Terms of Service

Customer Indemnification Obligation

High severity
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What it is

If HubSpot gets sued or faces costs because of how you use its platform or the data you put into it, you have to pay HubSpot's legal fees and any resulting damages — this is a broad obligation that covers many scenarios.

Consumer impact (what this means for users)

Business customers bear broad indemnification obligations to HubSpot covering any claims arising from their Customer Data or use of the services, including intellectual property and privacy claims — this creates potentially significant financial exposure beyond the subscription fees paid.

Cross-platform context

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Why it matters (compliance & risk perspective)

This indemnification clause is broad and one-sided, requiring business customers to cover HubSpot's full legal defense costs in a wide range of scenarios, including disputes about customer data that may be difficult to anticipate.

View original clause language
Customer will defend, indemnify, and hold harmless HubSpot and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (i) Customer's violation of this Agreement; (ii) Customer Data; (iii) Customer's use of the Services; or (iv) Customer's violation of any third-party right, including any intellectual property right or privacy right.

Institutional analysis (Compliance & legal intelligence)

(1) REGULATORY FRAMEWORK: Indemnification provisions are governed by general contract law. The scope of the indemnification — covering 'any claims arising out of Customer Data' — is particularly broad and could encompass third-party data subject claims under GDPR Art. 82 or CCPA §1798.150 private right of action. If a data breach occurs due to HubSpot's own security failure but involving Customer Data, the allocation of indemnification obligations between the parties would be a material dispute. FTC Act Section 5 applies if indemnification terms are used to shift regulatory penalty risk unfairly. (2)

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Applicable agencies

  • FTC
    The FTC has authority to assess whether indemnification provisions that shift regulatory liability to business customers constitute unfair or deceptive commercial practices under FTC Act Section 5.
    File a complaint →

Provision details

Document information
Document
HubSpot Terms of Service
Entity
HubSpot
Document last updated
April 29, 2026
Tracking information
First tracked
April 18, 2026
Last verified
April 18, 2026
Record ID
CA-P-002971
Document ID
CA-D-00207
Evidence Provenance
Source URL
Wayback Machine
SHA-256
9927299c7582997f7d7d4ec9af87291e8942c38b96b84ff4e2ea6e359778795c
Verified
✓ Snapshot stored   ✓ Change verified
How to Cite
ConductAtlas Policy Archive
Entity: HubSpot | Document: HubSpot Terms of Service | Record: CA-P-002971
Captured: 2026-04-18 11:17:02 UTC | SHA-256: 9927299c7582997f…
URL: https://conductatlas.com/platform/hubspot/hubspot-terms-of-service/customer-indemnification-obligation/
Accessed: May 2, 2026
Classification
Severity
High
Categories

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