The agreement authorizes HubSpot to use Customer Data, which includes all information submitted or collected via the Subscription Service, to train HubSpot's AI models, with an opt-out available through account settings.
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 requires compliance teams to assess whether the default opt-in posture for AI training data use is consistent with applicable data protection obligations, particularly GDPR lawful basis requirements for EU personal data and CCPA disclosure obligations for California residents. The opt-out mechanism is available but must be actively exercised by the customer.
Interpretive note: The provision does not specify which categories of Customer Data are used for AI training, whether opt-out applies retroactively, or how long training data is retained after opt-out, creating ambiguity for data protection compliance assessments.
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 →Under this clause, Customer Data is used by default to train HubSpot AI models unless the customer actively opts out via account settings. The agreement states that opting out does not prevent continued use of HubSpot AI features.
Cross-platform context
See how other platforms handle AI Model Training Data Use and Opt-Out and similar clauses.
Compare across platforms →"We may use Customer Data to develop, support, and improve HubSpot AI features and functionality. We may also use Customer Data to train our AI models in compliance with our obligations under the Agreement. You may opt out of having your Customer Data used for this purpose by updating your settings in your HubSpot account. If you opt out, we will no longer collect Customer Data to train our AI models, unless you later update your settings and opt in.Excerpt from HubSpot's Terms of Service
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This provision requires compliance teams to assess whether the default opt-in posture for AI training data use is consistent with applicable data protection obligations, particularly GDPR lawful basis requirements for EU personal data and CCPA disclosure obligations for California residents. The opt-out mechanism is available but must be actively exercised by the customer.
Under this clause, Customer Data is used by default to train HubSpot AI models unless the customer actively opts out via account settings. The agreement states that opting out does not prevent continued use of HubSpot AI features.
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