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 places the financial and legal burden of intellectual property infringement claims about the Subscription Service on HubSpot rather than the customer.
Interpretive note: The excerpt contains an ellipsis after 'valid patent', suggesting additional qualifying language or IP categories may be present in the full clause that are not visible here. The canonical claim is limited strictly to what is quoted.
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 claims that HubSpot's Subscription Service infringes their valid patent, registered trademark, or registered copyright, HubSpot is required to defend you and cover the costs.
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Without affecting either party's termination rights and to the extent permitted by applicable law, this Section 14 states the parties' sole and exclusive remedy under the Agreement for any Allegations of Intellectual Property Rights infringement covered by this Section 14.
To the extent permitted by applicable law, this Section 13 (Indemnification) states the parties' sole and exclusive remedy under this Agreement for any third-party allegations of Intellectual Property Rights infringement...
Any access to or use of the Services or goods through your account by others, including your spouse, dependents, Recipients, and any access by AI Agents you enable or that operate on your behalf...
"We will indemnify, defend and hold you harmless, at our expense, against any Action...based upon or arises out of an allegation that the Subscription Service infringes a valid patent...registered trademark, or registered copyright...Excerpt from HubSpot's Terms of Service
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This clause places the financial and legal burden of intellectual property infringement claims about the Subscription Service on HubSpot rather than the customer.
If a third party claims that HubSpot's Subscription Service infringes their valid patent, registered trademark, or registered copyright, HubSpot is required to defend you and cover the costs.
ConductAtlas has identified this type of provision across 229 platforms. See the full comparison.
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