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The agreement states that customers retain ownership of Customer Data and Customer Materials, and grants HubSpot a license to use that data as necessary to provide the Subscription Service and Consulting Services, subject to the agreement and applicable law.
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 foundational data rights framework, confirming customer ownership while granting HubSpot a use license; the scope of permitted use extends beyond service delivery to include AI model training under Section 5.3.1 unless the customer opts out.
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 →The agreement establishes that customers retain ownership of Customer Data, but grant HubSpot a license to use that data as necessary to provide services and, unless opted out, to train AI models. The definition of Customer Data covers all information submitted or collected via the Subscription Service.
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"You own and retain all rights to the Customer Materials and Customer Data. You grant permission to us and our licensors to use the Customer Materials and Customer Data as necessary to provide the Subscription Service and Consulting Services to you, as permitted by this Agreement, and as permitted by applicable law. We will use Customer Data in order to provide the Subscription Service and Consulting Services to you, as permitted by this Agreement, and as permitted by applicable law.Excerpt from HubSpot's Terms of Service
1. REGULATORY LANDSCAPE: Customer data ownership and use license provisions engage GDPR (controller and processor obligations, purpose limitation), CCPA (categories of personal information collected and processed), and applicable data protection laws in customer jurisdictions. The DPA incorporated by reference governs the processing of personal data as defined under applicable data protection law. Relevant enforcement authorities include EU supervisory authorities, the California Privacy Protection Agency, and the FTC. 2. GOVERNANCE EXPOSURE: Medium. The license granted to HubSpot and its licensors to use Customer Data is described as limited to service provision purposes, but the AI training use authorized in Section 5.3.1 represents an additional processing purpose that requires affirmative opt-out. Customers should confirm that the DPA addresses all processing purposes disclosed in the General Terms. 3. JURISDICTION FLAGS: EU and EEA customers should verify that the DPA and EU Standard Contractual Clauses are current and appropriately cover all processing activities described in the General Terms, including AI training. California customers should evaluate whether the license grant constitutes a sale or sharing of personal information under CCPA in the context of AI model training. 4. CONTRACT AND VENDOR IMPLICATIONS: The reference to 'our licensors' in the use license is not further defined in the General Terms; procurement teams may wish to identify which licensors are authorized to use Customer Data and under what conditions. The DPA sub-processor list may provide relevant information. 5. COMPLIANCE CONSIDERATIONS: Data protection officers should review the scope of the Customer Data definition, which covers all information submitted or collected via the Subscription Service, to ensure that data classification and mapping records are current. The inclusion of 'as permitted by applicable law' as a condition on HubSpot's data use creates a contractual hook for customers to assert applicable data protection law requirements.
This provision establishes the foundational data rights framework, confirming customer ownership while granting HubSpot a use license; the scope of permitted use extends beyond service delivery to include AI model training under Section 5.3.1 unless the customer opts out.
The agreement establishes that customers retain ownership of Customer Data, but grant HubSpot a license to use that data as necessary to provide services and, unless opted out, to train AI models. The definition of Customer Data covers all information submitted or collected via the Subscription Service.
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