HubSpot's chat tooling spans two quite different things, and the EU AI Act treats them differently. A classic rule-based chatflow (a fixed decision tree of buttons and canned responses, with no machine-learning component generating anything) is unlikely to qualify as an "AI system" under the Act's definition at all. If that's genuinely all you run, Article 50(1) likely isn't triggered. Document that assessment, because chatflows have a way of getting AI features switched on later.
An AI-powered bot is a different matter: HubSpot's AI chat features answering visitors in free text under your company's name. The Act makes whoever places an AI system on the market under their own name or brand its provider, and a bot living on your site, carrying your brand and your bot's name, is being offered under your name even though HubSpot built the machinery. The Article 50(1) disclosure duty, telling people they're talking to AI, then sits with you.
Don't rely on visitors "just knowing" it's a bot. The exemption for AI that is obvious from context is judged against your actual audience, and the Commission's draft guidelines treat embedded website support bots as precisely the kind of system that is not obvious by default.
What compliance looks like in practice: an AI notice at or before the first message, in the chat interface itself (not in a linked legal page), plus a persistent indicator for longer sessions. A T&Cs mention alone is expressly listed as insufficient in the draft guidelines.
If you're mid-migration, with some flows scripted and some AI, the cheap, defensible move is to add the disclosure across all customer-facing chat surfaces rather than maintaining a per-flow legal analysis. The notice costs nothing and can't hurt a scripted flow; its absence on an AI flow is an easily verifiable gap.
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