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
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.
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Atlassian may not settle an Infringement Claim without Customer's prior written consent if settlement would require Customer to admit fault or take or refrain from taking any action...
The Indemnifying Party shall not, without the relevant applicable Indemnified Parties' prior written consent, agree to any settlement on behalf of such Indemnified Parties which includes either the obligation to pay any amounts, or any admissions of liability...
The Indemnifying Party will have the sole right to conduct the defense of any Claim for which the Indemnifying Party is responsible hereunder, provided that the Indemnifying Party may not settle any Claim without the Indemnified Party's prior written approval unless...
"You will not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.Excerpt from HubSpot's Terms of Service
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The clause states: “You will not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.”
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