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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 transfers financial exposure for third-party claims rooted in a customer's misuse of the platform directly to the customer, including the cost of legal defense.
Interpretive note: The excerpt is truncated with an ellipsis before the list of triggering grounds; only item (i) is visible. Additional independent indemnification triggers likely exist but cannot be stated without the full text.
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 →If a third party brings a claim against HubSpot because of your unauthorized or illegal use of the service, you are required to pay for HubSpot's defense and any resulting liability.
How other platforms handle this
Your obligations in Section 6.2 (Indemnification by Customer) of this Agreement will apply to the extent permitted by applicable law, regulation, or procedure.
Customer shall have no liability under (a) to the extent a Claim Against Us arises from Synthesia Content or under (b) to the extent a Claim Against Us arises from our breach of the Contract.
Your obligations in Section 6.2 (Indemnification by Customer) of this Agreement will apply to the extent permitted by applicable law, regulation, or procedure.
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"You will indemnify, defend and hold us and our Affiliates harmless, at your expense, against any third-party claim...based upon or arises out of (i) unauthorized or illegal use of the Subscription Service by you...Excerpt from HubSpot's Terms of Service
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This clause transfers financial exposure for third-party claims rooted in a customer's misuse of the platform directly to the customer, including the cost of legal defense.
If a third party brings a claim against HubSpot because of your unauthorized or illegal use of the service, you are required to pay for HubSpot's defense and any resulting liability.
ConductAtlas has identified this type of provision across 233 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by HubSpot.