Is the AI we use in HubSpot covered by the EU AI Act?

What does generated content owe?

• Disclosure, when it is a deep fake or public-interest text.
• Article 3, point (60) defines a deep fake as AI-generated or manipulated image, audio or video content that resembles existing persons, objects, places, entities or events and would falsely appear to a person to be authentic or truthful.
• The provider of the generator marks its outputs under Article 50(2); the deployer who publishes discloses under Article 50(4).
• Article 50 applies from 2 August 2026, the general date in Article 113, second paragraph, except that a provider of a system generating synthetic audio, image, video or text content placed on the market before that date has until 2 December 2026 to comply with Article 50(2) (Article 111(4)).

• Article 50(4): a deployer of an AI system that generates or manipulates image, audio or video content constituting a deep fake discloses that the content has been artificially generated or manipulated. Where the content forms part of an evidently artistic, creative, satirical, fictional or analogous work or programme, the duty is limited to disclosing the existence of such content in an appropriate manner that does not hamper the display or enjoyment of the work. A deployer of an AI system that generates or manipulates text published with the purpose of informing the public on matters of public interest discloses that too, unless the text has undergone human review or editorial control and a natural or legal person holds editorial responsibility for its publication. Neither duty applies where the use is authorised by law to detect, prevent, investigate or prosecute criminal offences.
• Article 50(2): providers of AI systems, including general-purpose AI systems, generating synthetic audio, image, video or text content ensure that the outputs are marked in a machine-readable format and detectable as artificially generated or manipulated, as far as technically feasible. The duty does not apply to the extent the systems perform an assistive function for standard editing or do not substantially alter the input data provided by the deployer or its semantics, or where authorised by law to detect, prevent, investigate or prosecute criminal offences.

Can marketing AI be prohibited?

• When it manipulates or exploits in a way that causes or is reasonably likely to cause significant harm.
• Personalisation is not that by itself; both points carry every condition.
• Every prohibited practice, point by point: the Article 5 list.

• Article 5(1), first subparagraph, point (a): an AI system that deploys subliminal techniques beyond a person’s consciousness or purposefully manipulative or deceptive techniques, with the objective or the effect of materially distorting behaviour by appreciably impairing a person’s ability to make an informed decision, causing them to take a decision they would not otherwise have taken in a manner that causes or is reasonably likely to cause significant harm, is prohibited.
• Article 5(1), first subparagraph, point (b): an AI system that exploits the vulnerabilities of a natural person or a specific group of persons due to their age, disability or a specific social or economic situation, with the objective or the effect of materially distorting their behaviour in a manner that causes or is reasonably likely to cause significant harm, is prohibited.

What applies to every use?

• Article 4 on AI literacy, for the marketers and anyone else working with the tools on your behalf.
• Chapters I and II, which hold Articles 4 and 5, apply from 2 February 2025 (Article 113, third paragraph, point (a), as replaced by Regulation (EU) 2026/1744).
• That point keeps two later dates: Article 5(1), first subparagraph, points (ba) and (bb) apply from 2 December 2026, as do Article 5(1a) and (1b).

• Article 4(1), as replaced by Regulation (EU) 2026/1744: providers and deployers of AI systems take measures to support the development of AI literacy of their staff and of other persons dealing with the operation and use of AI systems on their behalf, taking into account their technical knowledge, experience, education and training and the context of use, and considering the persons or groups of persons on whom the systems are to be used. The obligation does not require them to guarantee any specific level of AI literacy of any individual.

What about the company that makes the tool?

• Whoever provides the AI system or the general-purpose AI model behind a tool carries the provider’s duties, and they are that provider’s own.
• This page says nothing about how any vendor meets them: nothing here was read from a vendor’s own terms, and the duties above are yours whatever those terms say.