The agreement states that Customer Data ownership remains with the Customer, but that the Customer grants HubSpot a worldwide, royalty-free license to collect, use, copy, store, transmit, modify, and create derivative works of Customer Data to the extent necessary to provide the services.
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 provision establishes the scope of HubSpot's license to use Customer Data, including the right to create derivative works, which encompasses the use of Customer Data in product improvement and aggregated analytics activities described elsewhere in the agreement. The license is scoped to service provision, but the inclusion of derivative works creation warrants review against the Customer's data governance obligations.
Interpretive note: The scope of 'derivative works' in relation to personal data is not precisely defined in the document and may require evaluation against the DPA and applicable data protection law to determine the full range of permitted derivative processing activities.
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 →Restructured provision now explicitly grants HubSpot perpetual, transferable, sublicensable rights to customer feedback and suggestions (previously not mentioned), and removes specific license term limitations.
View full change record →Under this clause, the Customer retains ownership of Customer Data but grants HubSpot a broad operational license including the right to create derivative works of that data to the extent necessary for service delivery. This provision covers the technical processing HubSpot performs to operate the platform and deliver contracted features.
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"As between the parties, Customer retains all right, title and interest in and to the Customer Data. Customer grants to HubSpot and its Affiliates a non-exclusive, worldwide, royalty-free right to collect, use, copy, store, transmit, modify and create derivative works of Customer Data, in each case to the extent necessary to provide the applicable Services to Customer and as permitted by this Agreement and the applicable Order Form.Excerpt from HubSpot's Terms of Service
1) REGULATORY LANDSCAPE: The license grant for Customer Data intersects with GDPR's requirements for data processing agreements and the principle of purpose limitation under GDPR Article 5(1)(b).
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This provision establishes the scope of HubSpot's license to use Customer Data, including the right to create derivative works, which encompasses the use of Customer Data in product improvement and aggregated analytics activities described elsewhere in the agreement. The license is scoped to service provision, but the inclusion of derivative works creation warrants review against the Customer's data governance obligations.
Under this clause, the Customer retains ownership of Customer Data but grants HubSpot a broad operational license including the right to create derivative works of that data to the extent necessary for service delivery. This provision covers the technical processing HubSpot performs to operate the platform and deliver contracted features.
ConductAtlas has identified this type of provision across 263 platforms. See the full comparison.
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