“You will indemnify, defend and hold us and our Affiliates harmless, at your expense, against any third-party claim...based upon or arises out of (i) unauthorized or illegal use of the Subscription Service by you...”
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 transfers financial exposure for third-party claims rooted in a customer's misuse of the platform directly to the customer, including the cost of legal defense.
Interpretive note: The excerpt is truncated with an ellipsis before the list of triggering grounds; only item (i) is visible. Additional independent indemnification triggers likely exist but cannot be stated without the full text.
The updated terms establish that AI capabilities are foundational to HubSpot's platform and that Customer Data may be used to train AI models, subject to HubSpot's obligations under the agreement. Previously, the terms referenced machine learning data use; the revised language now explicitly frames this as AI model training. You can opt out of having your Customer Data used to train AI models by updating your settings in your HubSpot account, though opting out does not prevent you from using HubSpot AI features.
View change record →If a third party brings a claim against HubSpot because of your unauthorized or illegal use of the service, you are required to pay for HubSpot's defense and any resulting liability.
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"You will indemnify, defend and hold us and our Affiliates harmless, at your expense, against any third-party claim...based upon or arises out of (i) unauthorized or illegal use of the Subscription Service by you...Excerpt from HubSpot's Terms of Service
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This clause transfers financial exposure for third-party claims rooted in a customer's misuse of the platform directly to the customer, including the cost of legal defense.
If a third party brings a claim against HubSpot because of your unauthorized or illegal use of the service, you are required to pay for HubSpot's defense and any resulting liability.
ConductAtlas has identified this type of provision across 225 platforms. See the full comparison.
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