The agreement requires Customers to defend and indemnify HubSpot against third-party claims, damages, and legal costs arising from the Customer's use of services in violation of the agreement, from Customer Data uploaded to the platform, or from the Customer's violation of third-party rights.
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 a unidirectional indemnification obligation on the Customer covering claims arising from Customer Data, which includes Contact Data uploaded to HubSpot. This means that if a data subject or regulator brings a claim related to Customer Data processed through HubSpot, the Customer is contractually obligated to defend and hold HubSpot harmless.
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 →This new indemnification clause requires customers to cover HubSpot's defense costs and damages for claims arising from customer violations, data issues, or third-party rights infringement.
View full change record →Removal of explicit customer indemnification clause eliminates significant liability protection for HubSpot against third-party claims related to customer data and service use.
View full change record →Under this clause, business customers are obligated to cover HubSpot's legal defense costs and any damages arising from third-party claims connected to Customer Data or Customer's violation of the agreement. The agreement states this obligation covers attorneys' fees, judgments, and losses, creating financial exposure that extends beyond the subscription fee itself.
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.
"Customer will defend, indemnify and hold harmless HubSpot and its officers, directors, employees, agents, licensors and service providers 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 use of the Subscription Services in violation of this Agreement; (ii) Customer Data; or (iii) Customer's violation of any third party rights.Excerpt from HubSpot's Terms of Service
1) REGULATORY LANDSCAPE: Indemnification clauses are standard in B2B SaaS agreements.
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This provision establishes a unidirectional indemnification obligation on the Customer covering claims arising from Customer Data, which includes Contact Data uploaded to HubSpot. This means that if a data subject or regulator brings a claim related to Customer Data processed through HubSpot, the Customer is contractually obligated to defend and hold HubSpot harmless.
Under this clause, business customers are obligated to cover HubSpot's legal defense costs and any damages arising from third-party claims connected to Customer Data or Customer's violation of the agreement. The agreement states this obligation covers attorneys' fees, judgments, and losses, creating financial exposure that extends beyond the subscription fee itself.
ConductAtlas has identified this type of provision across 229 platforms. See the full comparison.
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