“We will indemnify, defend and hold you harmless, at our expense, against any Action...based upon or arises out of an allegation that the Subscription Service infringes a valid patent...registered trademark, or registered copyright...”
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 places the financial and legal burden of intellectual property infringement claims about the Subscription Service on HubSpot rather than the customer.
Interpretive note: The excerpt contains an ellipsis after 'valid patent', suggesting additional qualifying language or IP categories may be present in the full clause that are not visible here. The canonical claim is limited strictly to what is quoted.
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 claims that HubSpot's Subscription Service infringes their valid patent, registered trademark, or registered copyright, HubSpot is required to defend you and cover the costs.
How other platforms handle this
THESE SECTIONS 9(B) AND 9(C) STATE RAMP'S SOLE AND EXCLUSIVE OBLIGATIONS, AND COMPANY'S SOLE AND EXCLUSIVE REMEDIES, WITH RESPECT TO CLAIMS OF INFRINGEMENT OR MISAPPROPRIATION OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS.
this Section 14 states the parties' sole and exclusive remedy under this Agreement for any third-party allegations of Intellectual Property Rights infringement covered by this Section 14.
In the event you are required to indemnify us pursuant to this Agreement or any court rulings, you must secure all necessary approvals and consents from regulatory authorities for the remittance of any indemnified amount to us.
"We will indemnify, defend and hold you harmless, at our expense, against any Action...based upon or arises out of an allegation that the Subscription Service infringes a valid patent...registered trademark, or registered copyright...Excerpt from HubSpot's Terms of Service
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This clause places the financial and legal burden of intellectual property infringement claims about the Subscription Service on HubSpot rather than the customer.
If a third party claims that HubSpot's Subscription Service infringes their valid patent, registered trademark, or registered copyright, HubSpot is required to defend you and cover the costs.
ConductAtlas has identified this type of provision across 225 platforms. See the full comparison.
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