← Back to all vendors
crm

HubSpot

hubspot.com

73 flagged clauses across 8 risk dimensions

A
🤖

AI training

4 flags
  • Severity 3
    "We may use Customer Data to develop, support, and improve HubSpot AI features and functionality. We may also use Customer Data to train our AI models in compliance with our obligations under the Agreement. You may opt out of having your Customer Data used for this purpose by updating your settings in your HubSpot account."

    HubSpot can use your data to improve their AI features and train their models, but you can opt out in your account settings.

    Your customer data is used to train HubSpot's AI, which could impact your privacy if you don't opt out.

    ⚖️Matches The New York Times Co. v. OpenAI & Microsoft (2023)
  • Severity 3
    "We may use Customer Data to develop, support, and improve HubSpot AI features and functionality. We may also use Customer Data to train our AI models in compliance with our obligations under the Agreement. You may opt out of having your Customer Data used for this purpose by updating your settings in your HubSpot account."

    HubSpot can use your data to improve their AI features and train their models, but you can opt out in your account settings.

    Your data might be used to train AI models that could be used by other customers, even if you opt out later.

    ⚖️Matches The New York Times Co. v. OpenAI & Microsoft (2023)
  • Severity 3
    "We may use Customer Data to develop, support, and improve HubSpot AI features and functionality. We may also use Customer Data to train our AI models in compliance with our obligations under the Agreement. You may opt out of having your Customer Data used for this purpose by updating your settings in your HubSpot account."

    HubSpot can use your data to improve their AI features and train their models, but you can opt out in your account settings.

    Your confidential data could be used to train AI models that benefit HubSpot and its other customers.

  • Severity 3
    "We may use Customer Data to develop, support, and improve HubSpot AI features and functionality. We may also use Customer Data to train our AI models in compliance with our obligations under the Agreement. You may opt out of having your Customer Data used for this purpose by updating your settings in your HubSpot account."

    HubSpot uses your data to improve its AI features and can use it to train its AI models, but you can opt out in your account settings.

    Your confidential data could be used to train AI models that power features for other customers.

    ⚖️Matches The New York Times Co. v. OpenAI & Microsoft (2023)
🔄

Auto-renewal

8 flags
  • Severity 3
    "Your Initial Term will be specified in your Order, and, unless otherwise specified in your Order, your subscription will automatically renew for the shorter of the same duration as your prior term or one year."

    Your HubSpot subscription automatically renews for a term equal to your prior term, or one year, whichever is shorter.

    You'll be locked into another subscription term if you forget to cancel before the renewal date.

    ⚖️Matches FTC v. Amazon (Iliad Flow / Prime Enrollment) (2023)
  • Severity 3
    "Unless otherwise specified in this Agreement or your Order, if you decide that you do not want your subscription to automatically renew, you must turn off the auto-renewal setting in the Account & Billing section of your HubSpot account prior to the end of your Current Term. If you do not turn off the auto-renewal setting in the Account & Billing section of your HubSpot account, your Subscription will renew automatically."

    Your HubSpot subscription will automatically renew unless you turn off the auto-renewal setting in your account before your current term ends.

    You will be automatically charged for another subscription term if you don't actively disable auto-renewal.

    ⚖️Matches FTC v. Amazon (Iliad Flow / Prime Enrollment) (2023)
  • Severity 3
    "Your Initial Term will be specified in your Order, and, unless otherwise specified in your Order, your subscription will automatically renew for the shorter of the same duration as your prior term or one year. Except as specifically provided for in this Agreement, you may not cancel your subscription prior to the end of your Current Term, and we will not provide any refunds of prepaid fees or unused Subscription Fees through the end of your Current Term."

    Your HubSpot subscription automatically renews for a term equal to your prior term, or one year, whichever is shorter, and you cannot cancel early for a refund.

    You'll be locked into another subscription term at the current price if you forget to cancel before renewal.

    ⚖️Matches FTC v. Amazon (Iliad Flow / Prime Enrollment) (2023)
  • Severity 3
    "Unless otherwise specified in this Agreement or your Order, if you decide that you do not want your subscription to automatically renew, you must turn off the auto-renewal setting in the Account & Billing section of your HubSpot account prior to the end of your Current Term. If you do not turn off the auto-renewal setting in the Account & Billing section of your HubSpot account, your Subscription will renew automatically."

    Your HubSpot subscription will automatically renew unless you manually turn off the auto-renewal setting in your account before the end of your current term.

    Forgetting to disable auto-renewal means you'll be charged for another subscription term.

    ⚖️Matches FTC v. Amazon (Iliad Flow / Prime Enrollment) (2023)
  • Severity 3
    "Unless otherwise specified in this Agreement or your Order, if you decide that you do not want your subscription to automatically renew, you must turn off the auto-renewal setting in the Account & Billing section of your HubSpot account prior to the end of your Current Term. If you do not turn off the auto-renewal setting in the Account & Billing section of your HubSpot account, your Subscription will renew automatically."

    Your HubSpot subscription automatically renews unless you turn off the auto-renewal setting in your account before the end of the current term.

    You will be automatically charged for another subscription term if you forget to disable auto-renewal.

    ⚖️Matches FTC v. Amazon (Iliad Flow / Prime Enrollment) (2023)
  • Severity 3
    "Your Initial Term will be specified in your Order, and, unless otherwise specified in your Order, your subscription will automatically renew for the shorter of the same duration as your prior term or one year."

    Your HubSpot subscription automatically renews for a term equal to your previous term, or one year, whichever is shorter.

    You'll be locked into another subscription term if you don't actively cancel before the renewal date.

  • Severity 3
    "Unless otherwise specified in this Agreement or your Order, if you decide that you do not want your subscription to automatically renew, you must turn off the auto-renewal setting in the Account & Billing section of your HubSpot account prior to the end of your Current Term. If you do not turn off the auto-renewal setting in the Account & Billing section of your HubSpot account, your Subscription will renew automatically."

    Your HubSpot subscription will automatically renew unless you turn off the auto-renewal setting in your account before the current term ends.

    Forgetting to disable auto-renewal means you're committed to another subscription term, likely at the same price.

  • Severity 3
    "Your Initial Term will be specified in your Order, and, unless otherwise specified in your Order, your subscription will automatically renew for the shorter of the same duration as your prior term or one year."

    Your HubSpot subscription automatically renews for a term equal to your previous term, or one year, whichever is shorter.

    You'll be locked into another subscription term if you don't actively cancel before the renewal date.

    ⚖️Matches FTC v. Amazon (Iliad Flow / Prime Enrollment) (2023)
💸

Price hikes

4 flags
  • Severity 3
    "Upon renewal, we may increase your Subscription Fees up to our then-current list price set out in our Product and Services Catalog. If this increase applies to you, we will notify you at least thirty (30) days in advance of your renewal and the increased fees will apply at the start of the next Renewal Term."

    HubSpot may increase your subscription fees up to their current list price upon renewal, and they will notify you 30 days in advance.

    Your subscription cost can increase significantly at renewal, and you have only 30 days to react if the price jumps.

    ⚖️Matches Netflix Price Hike Class Action (2023)
  • Severity 3
    "Upon renewal, we may increase your Subscription Fees up to our then-current list price set out in our Product and Services Catalog. If this increase applies to you, we will notify you at least thirty (30) days in advance of your renewal and the increased fees will apply at the start of the next Renewal Term."

    HubSpot may increase your subscription fees up to their current list price upon renewal, and they will notify you at least 30 days in advance.

    You could be charged significantly more for your subscription at renewal if you don't notice the price increase notification.

    ⚖️Matches Netflix Price Hike Class Action (2023)
  • Severity 3
    "Upon renewal, we may increase your Subscription Fees up to our then-current list price set out in our Product and Services Catalog. If this increase applies to you, we will notify you at least thirty (30) days in advance of your renewal and the increased fees will apply at the start of the next Renewal Term."

    HubSpot may increase your subscription fees up to their current list price upon renewal, and they will notify you 30 days in advance.

    You could face a price increase at renewal that you only learn about a month before it happens.

  • Severity 3
    "Upon renewal, we may increase your Subscription Fees up to our then-current list price set out in our Product and Services Catalog. If this increase applies to you, we will notify you at least thirty (30) days in advance of your renewal and the increased fees will apply at the start of the next Renewal Term."

    HubSpot may increase your subscription fees up to their current list price upon renewal, and they will notify you 30 days in advance.

    You could be charged significantly more for your subscription at renewal if you don't notice the price increase in time.

    ⚖️Matches Netflix Price Hike Class Action (2023)
🌍

Data residency

8 flags
  • Severity 4
    "WE MAKE NO WARRANTY THAT A SPECIFIC HOSTING LOCATION WILL MEET YOUR DATA RESIDENCY REQUIREMENTS."

    HubSpot makes no promises that their hosting location will meet your specific data residency needs.

    Your data might not be stored in the country you require, potentially violating compliance rules.

    ⚖️Matches Schrems II (Data Protection Commissioner v. Facebook Ireland) (2020)
  • Severity 4
    "WE MAKE NO WARRANTY THAT A SPECIFIC HOSTING LOCATION WILL MEET YOUR DATA RESIDENCY REQUIREMENTS."

    HubSpot makes no promises that their hosting locations will meet your specific data residency needs.

    Your data may not be stored in the country you require, potentially violating compliance rules.

  • Severity 4
    "WE MAKE NO WARRANTY THAT A SPECIFIC HOSTING LOCATION WILL MEET YOUR DATA RESIDENCY REQUIREMENTS."

    HubSpot makes no promises that their hosting locations will meet your specific data residency needs.

    Your data may not be stored in the geographic region you require, potentially violating compliance rules.

    ⚖️Matches Schrems II (Data Protection Commissioner v. Facebook Ireland) (2020)
  • Severity 3
    "We and our Affiliates may transfer Personal Data to the United States in connection with the Subscription Service in accordance with our DPA and our Privacy Policy."

    HubSpot and its affiliates may transfer your personal data to the United States.

    Your personal data may be moved outside of your country, potentially impacting privacy and compliance.

    ⚖️Matches Irish DPC v. Meta Platforms Ireland — settled for $1300M (2023)
  • Severity 3
    "We and our Affiliates may transfer Personal Data to the United States in connection with the Subscription Service in accordance with our DPA and our Privacy Policy."

    HubSpot may transfer your personal data to the United States as part of their service.

    Your personal data might be moved to the US, which could have privacy implications depending on your location.

    ⚖️Matches Irish DPC v. Meta Platforms Ireland — settled for $1300M (2023)
  • Severity 3
    "We and our Affiliates may transfer Personal Data to the United States in connection with the Subscription Service in accordance with our DPA and our Privacy Policy."

    HubSpot and its affiliates may transfer your personal data to the United States.

    Your data may be moved to the US, which could have different privacy and security implications.

    ⚖️Matches Irish DPC v. Meta Platforms Ireland — settled for $1300M (2023)
  • Severity 3
    "We and our Affiliates may transfer Personal Data to the United States in connection with the Subscription Service in accordance with our DPA and our Privacy Policy."

    HubSpot and its partners may transfer your personal data to the United States.

    Your personal data may be moved outside of your country, potentially impacting privacy and compliance.

  • Severity 3
    "WE MAKE NO WARRANTY THAT A SPECIFIC HOSTING LOCATION WILL MEET YOUR DATA RESIDENCY REQUIREMENTS."

    HubSpot makes no promises that their hosting location will meet your specific data residency needs.

    Your data might not be stored in the country you require, potentially violating compliance rules.

    ⚖️Matches Schrems II (Data Protection Commissioner v. Facebook Ireland) (2020)
🚪

Termination friction

21 flags
  • Severity 3
    "You are not permitted to downgrade your Subscription Service during your Current Term. You may downgrade your Subscription Services at your next renewal date upon completion of a new Order Form."

    You cannot downgrade your HubSpot subscription during your current term; you must wait until your next renewal date.

    You are stuck paying for your current plan, even if your needs change, until your next renewal date.

  • Severity 3
    "We may suspend, limit, or terminate the Free Services for any reason at any time without notice. We may terminate your subscription to the Free Services due to your inactivity."

    HubSpot can terminate or limit free services at any time without notice, and may cancel yours due to inactivity.

    You could lose access to free tools unexpectedly, even if you rely on them for your business.

  • Severity 3
    "Unless you purchase a subscription to the applicable Subscription Service before the end of the free trial, all of your data in the Subscription Service may be permanently deleted at the end of the trial, and we will not recover it."

    If you don't buy a subscription before your free trial ends, HubSpot will permanently delete all your data.

    You will lose all your work and data if you don't convert to a paid plan before your free trial expires.

    ⚖️Matches Bungie / Destiny 2 Account Termination Litigation (2023)
  • Severity 3
    "If a Subscription Service is suspended for non-payment, we may charge a re-activation fee to reinstate the Subscription Service."

    HubSpot may charge a fee to reactivate your subscription if it was suspended for non-payment.

    You might have to pay an extra fee on top of overdue charges to get your service back if you miss a payment.

    ⚖️Matches Adobe Early Termination Fee Class Action (2024)
  • Severity 3
    "All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement."

    All payments are final and non-refundable, except as specifically stated in the agreement.

    You cannot get your money back for any unused portion of your subscription if you decide to stop using the service early.

    ⚖️Matches Adobe Early Termination Fee Class Action (2024)
  • Severity 3
    "If you do not provide us with a country specific tax number prior to your transaction being processed, we will not issue refunds or credits for any VAT that was charged."

    HubSpot will not refund any VAT charged if you don't provide a country-specific tax number before your transaction.

    You will pay extra for VAT and cannot get it back if you forget to enter your tax ID before paying.

    ⚖️Matches Adobe Early Termination Fee Class Action (2024)
  • Severity 3
    "Except as specifically provided for in this Agreement, you may not cancel your subscription prior to the end of your Current Term, and we will not provide any refunds of prepaid fees or unused Subscription Fees through the end of your Current Term."

    You cannot cancel your subscription early or get a refund for unused fees unless the agreement specifically allows it.

    You are locked into paying for the full term, even if you stop using the service or it no longer meets your needs.

    ⚖️Matches Adobe Early Termination Fee Class Action (2024)
  • Severity 3
    "If we terminate this Agreement for cause, you will promptly pay all unpaid fees due. Fees are otherwise non-refundable."

    If HubSpot terminates the agreement for cause, you must immediately pay all outstanding fees, which are otherwise non-refundable.

    You will still owe all remaining fees if HubSpot ends the contract due to your breach, and you won't get any money back.

    ⚖️Matches Adobe Early Termination Fee Class Action (2024)
  • Severity 3
    "You are not permitted to downgrade your Subscription Service during your Current Term. You may downgrade your Subscription Services at your next renewal date upon completion of a new Order Form."

    You cannot downgrade your HubSpot subscription during your current term; you must wait until your next renewal date.

    You're stuck with your current plan and price for the entire term, even if your needs change.

    ⚖️Matches FTC v. Match Group (Match.com) (2019)
  • Severity 3
    "All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement."

    All payments are final and non-refundable, except as explicitly stated elsewhere in the agreement.

    You cannot get your money back if you decide to cancel your subscription, even if you stop using the service.

    ⚖️Matches Adobe Early Termination Fee Class Action (2024)
  • Severity 3
    "You are not permitted to downgrade your Subscription Service during your Current Term. You may downgrade your Subscription Services at your next renewal date upon completion of a new Order Form."

    You cannot downgrade your HubSpot subscription during your current term and must wait until the next renewal date.

    You are stuck paying for your current subscription tier even if your needs change before the renewal date.

    ⚖️Matches FTC v. Match Group (Match.com) (2019)
  • Severity 3
    "We may suspend, limit, or terminate the Free Services for any reason at any time without notice. We may terminate your subscription to the Free Services due to your inactivity."

    HubSpot can suspend, limit, or terminate free services at any time without notice and can cancel yours due to inactivity.

    You could lose access to free tools unexpectedly, even if you're actively using them.

  • Severity 3
    "You may not cancel your subscription prior to the end of your Current Term, and we will not provide any refunds of prepaid fees or unused Subscription Fees through the end of your Current Term."

    You cannot cancel your HubSpot subscription early and will not receive refunds for prepaid fees through the end of your current term.

    You'll pay for the full subscription term even if you stop using HubSpot's services before it ends.

  • Severity 3
    "Unless the full amount has been paid, we may suspend your access to any or all of the Subscription Services ten (10) days after such notice."

    HubSpot can suspend your access to services ten days after notifying you if you haven't paid the full amount.

    You risk losing access to critical services if there's a payment delay or dispute.

    ⚖️Matches PayPal Account Hold / Freeze Class Action — settled for $4M (2021)
  • Severity 3
    "All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement."

    All payments to HubSpot are final and cannot be canceled or refunded, except as explicitly stated in the agreement.

    You cannot get your money back for any unused portion of your subscription if you stop using the service.

    ⚖️Matches Adobe Early Termination Fee Class Action (2024)
  • Severity 3
    "If you do not provide us with a country specific tax number prior to your transaction being processed, we will not issue refunds or credits for any VAT that was charged."

    HubSpot will not refund VAT charges if you don't provide a country-specific tax number before payment.

    You will lose money on VAT charges if you don't provide the correct tax information upfront.

    ⚖️Matches Adobe Early Termination Fee Class Action (2024)
  • Severity 3
    "Unless the full amount has been paid, we may suspend your access to any or all of the Subscription Services ten (10) days after such notice."

    HubSpot can suspend your access to services ten days after you fail to pay any outstanding fees.

    You risk losing access to critical services if you miss a payment, even by a small amount.

    ⚖️Matches PayPal Account Hold / Freeze Class Action — settled for $4M (2021)
  • Severity 3
    "We may suspend, limit, or terminate the Free Services for any reason at any time without notice. We may terminate your subscription to the Free Services due to your inactivity."

    HubSpot can stop offering free services or terminate your access due to inactivity at any time without notice.

    You could lose access to free tools you rely on without any warning.

    ⚖️Matches PayPal Account Hold / Freeze Class Action — settled for $4M (2021)
  • Severity 3
    "All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement."

    All payments to HubSpot are final and non-refundable, except as explicitly stated in the agreement.

    You will not get your money back if you cancel your subscription or stop using the service.

    ⚖️Matches Adobe Early Termination Fee Class Action (2024)
  • Severity 3
    "Unless the full amount has been paid, we may suspend your access to any or all of the Subscription Services ten (10) days after such notice. We will not suspend the Subscription Service while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute."

    HubSpot can suspend your access to services ten days after you fail to pay, unless you are disputing the charges in good faith.

    You risk losing access to critical services if you miss a payment, even for a short period.

    ⚖️Matches PayPal Account Hold / Freeze Class Action — settled for $4M (2021)
  • Severity 3
    "If a Subscription Service is suspended for non-payment, we may charge a re-activation fee to reinstate the Subscription Service."

    HubSpot may charge a fee to reactivate your subscription if it was suspended for non-payment.

    You might have to pay an extra fee on top of your overdue balance to get your service back.

    ⚖️Matches Adobe Early Termination Fee Class Action (2024)
⚖️

Liability caps

12 flags
  • Severity 4
    "TO THE EXTENT PERMITTED BY LAW, AND EXCEPT FOR (i) YOUR LIABILITY FOR PAYMENT OF FEES, (ii) YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE ‘INDEMNIFICATION’ SECTION, (iii) OUR LIABILITY ARISING FROM OUR IP INDEMNIFICATION OBLIGATIONS UNDER THE 'INDEMNIFICATION' SECTION, AND (iv) YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IF EITHER PARTY OR ITS AFFILIATES IS DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY, ITS AFFILIATES OR ANY THIRD PARTY, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF A PARTY AND ITS AFFILIATES WILL BE LIMITED TO A SUM EQUAL TO THE TOTAL AMOUNTS PAID OR PAYABLE FOR THE SUBSCRIPTION SERVICE IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM; PROVIDED HOWEVER, THIS LIMITATION WILL NOT APPLY TO YOU IF YOU ONLY USE THE FREE SERVICES, AND IN THIS CASE, IF WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM YOUR USE OF THE FREE SERVICES, THEN OUR AGGREGATE LIABILITY WILL BE LIMITED TO ONE HUNDRED U.S. DOLLARS."

    HubSpot's total liability to you is capped at the amount you paid in the last 12 months, unless you use free services, which are capped at $100.

    If HubSpot's actions cause you major financial harm, your recovery is limited to what you've already paid them.

  • Severity 4
    "TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY."

    Neither party is liable for indirect, incidental, or consequential damages, including lost profits or data, arising from this agreement.

    You cannot recover damages for lost business opportunities or data breaches caused by the other party's actions.

    ⚖️Matches Capital One Data Breach Class Action — settled for $190M (2022)
  • Severity 4
    "TO THE EXTENT PERMITTED BY LAW, AND EXCEPT FOR (i) YOUR LIABILITY FOR PAYMENT OF FEES, (ii) YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE ‘INDEMNIFICATION’ SECTION, (iii) OUR LIABILITY ARISING FROM OUR IP INDEMNIFICATION OBLIGATIONS UNDER THE 'INDEMNIFICATION' SECTION, AND (iv) YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IF EITHER PARTY OR ITS AFFILIATES IS DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY, ITS AFFILIATES OR ANY THIRD PARTY, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF A PARTY AND ITS AFFILIATES WILL BE LIMITED TO A SUM EQUAL TO THE TOTAL AMOUNTS PAID OR PAYABLE FOR THE SUBSCRIPTION SERVICE IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM; PROVIDED HOWEVER, THIS LIMITATION WILL NOT APPLY TO YOU IF YOU ONLY USE THE FREE SERVICES, AND IN THIS CASE, IF WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM YOUR USE OF THE FREE SERVICES, THEN OUR AGGREGATE LIABILITY WILL BE LIMITED TO ONE HUNDRED U.S. DOLLARS."

    HubSpot's total liability to you is capped at the amount you paid in the last 12 months, unless you only use free services, in which case it's capped at $100.

    If HubSpot causes significant financial damage, your recovery is limited to what you've already paid them.

    ⚖️Matches Capital One Data Breach Class Action — settled for $190M (2022)
  • Severity 4
    "EXCEPT AS SET FORTH IN THE ‘PERFORMANCE WARRANTY’ SECTION AND WITHOUT LIMITING OUR OBLIGATIONS IN THE 'PROTECTION OF CUSTOMER DATA' SECTION OF THIS AGREEMENT, WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, ACCURACY OR COMPLETENESS OF THE SUBSCRIPTION SERVICE, DATA SYNCHED TO OR MADE AVAILABLE FROM THE SUBSCRIPTION SERVICE, HUBSPOT CONTENT, OR THE CONSULTING SERVICES FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE SUBSCRIPTION SERVICE, HUBSPOT CONTENT AND CONSULTING SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND."

    HubSpot disclaims all warranties for the subscription service, meaning it's provided 'as is' without guarantees of accuracy or availability.

    You have no recourse if HubSpot's service is unreliable, inaccurate, or unavailable, except for specific performance promises.

  • Severity 4
    "TO THE EXTENT PERMITTED BY LAW, AND EXCEPT FOR (i) YOUR LIABILITY FOR PAYMENT OF FEES, (ii) YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE ‘INDEMNIFICATION’ SECTION, (iii) OUR LIABILITY ARISING FROM OUR IP INDEMNIFICATION OBLIGATIONS UNDER THE 'INDEMNIFICATION' SECTION, AND (iv) YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IF EITHER PARTY OR ITS AFFILIATES IS DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY, ITS AFFILIATES OR ANY THIRD PARTY, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF A PARTY AND ITS AFFILIATES WILL BE LIMITED TO A SUM EQUAL TO THE TOTAL AMOUNTS PAID OR PAYABLE FOR THE SUBSCRIPTION SERVICE IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM; PROVIDED HOWEVER, THIS LIMITATION WILL NOT APPLY TO YOU IF YOU ONLY USE THE FREE SERVICES, AND IN THIS CASE, IF WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM YOUR USE OF THE FREE SERVICES, THEN OUR AGGREGATE LIABILITY WILL BE LIMITED TO ONE HUNDRED U.S. DOLLARS."

    HubSpot's total liability to you is capped at the amount you paid for the service in the last 12 months, or $100 for free services.

    If HubSpot causes significant financial damage, your recovery is limited to what you've already paid them.

  • Severity 4
    "TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY."

    Neither party is liable for indirect, incidental, or consequential damages, like lost profits or data, related to the agreement.

    You cannot recover damages for business losses or lost opportunities that result from HubSpot's service issues.

  • Severity 4
    "TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY."

    Neither party is liable for indirect, incidental, or consequential damages like lost profits or business opportunities.

    You cannot recover damages for lost business or profits if HubSpot's service causes you to lose money.

    ⚖️Matches Capital One Data Breach Class Action — settled for $190M (2022)
  • Severity 4
    "EXCEPT AS SET FORTH IN THE ‘PERFORMANCE WARRANTY’ SECTION AND WITHOUT LIMITING OUR OBLIGATIONS IN THE 'PROTECTION OF CUSTOMER DATA' SECTION OF THIS AGREEMENT, WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, ACCURACY OR COMPLETENESS OF THE SUBSCRIPTION SERVICE, DATA SYNCHED TO OR MADE AVAILABLE FROM THE SUBSCRIPTION SERVICE, HUBSPOT CONTENT, OR THE CONSULTING SERVICES FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE SUBSCRIPTION SERVICE, HUBSPOT CONTENT AND CONSULTING SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE SUBSCRIPTION SERVICE AND THE CONSULTING SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT."

    HubSpot and its affiliates disclaim all warranties for the subscription service, providing it 'as is' without guarantees of merchantability or fitness for a particular purpose.

    You have no guarantee that the service will work reliably or be suitable for your specific business needs.

    ⚖️Matches Capital One Data Breach Class Action — settled for $190M (2022)
  • Severity 4
    "EXCEPT AS SET FORTH IN THE ‘PERFORMANCE WARRANTY’ SECTION AND WITHOUT LIMITING OUR OBLIGATIONS IN THE 'PROTECTION OF CUSTOMER DATA' SECTION OF THIS AGREEMENT, WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, ACCURACY OR COMPLETENESS OF THE SUBSCRIPTION SERVICE, DATA SYNCHED TO OR MADE AVAILABLE FROM THE SUBSCRIPTION SERVICE, HUBSPOT CONTENT, OR THE CONSULTING SERVICES FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE SUBSCRIPTION SERVICE, HUBSPOT CONTENT AND CONSULTING SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE SUBSCRIPTION SERVICE AND THE CONSULTING SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT."

    HubSpot provides its services as-is, disclaiming all warranties for merchantability, fitness for a particular purpose, title, and non-infringement.

    You have no guarantee that the service will work as expected or be suitable for your specific business needs.

    ⚖️Matches Capital One Data Breach Class Action — settled for $190M (2022)
  • Severity 4
    "TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY."

    HubSpot and its affiliates are not liable for any indirect damages, lost profits, or loss of business opportunities related to this agreement.

    You cannot recover significant financial losses from HubSpot if their service causes your business to suffer.

  • Severity 4
    "TO THE EXTENT PERMITTED BY LAW, AND EXCEPT FOR (i) YOUR LIABILITY FOR PAYMENT OF FEES, (ii) YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE ‘INDEMNIFICATION’ SECTION, (iii) OUR LIABILITY ARISING FROM OUR IP INDEMNIFICATION OBLIGATIONS UNDER THE 'INDEMNIFICATION' SECTION, AND (iv) YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IF EITHER PARTY OR ITS AFFILIATES IS DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY, ITS AFFILIATES OR ANY THIRD PARTY, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF A PARTY AND ITS AFFILIATES WILL BE LIMITED TO A SUM EQUAL TO THE TOTAL AMOUNTS PAID OR PAYABLE FOR THE SUBSCRIPTION SERVICE IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM; PROVIDED HOWEVER, THIS LIMITATION WILL NOT APPLY TO YOU IF YOU ONLY USE THE FREE SERVICES, AND IN THIS CASE, IF WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM YOUR USE OF THE FREE SERVICES, THEN OUR AGGREGATE LIABILITY WILL BE LIMITED TO ONE HUNDRED U.S. DOLLARS."

    HubSpot's total liability to you is capped at the amount you paid for the service in the 12 months before the claim, or $100 for free services.

    If HubSpot causes a major issue, your compensation is limited to what you've already paid them, potentially leaving you out of pocket.

    ⚖️Matches Capital One Data Breach Class Action — settled for $190M (2022)
  • Severity 3
    "EXCEPT AS SET FORTH IN THE ‘PERFORMANCE WARRANTY’ SECTION AND WITHOUT LIMITING OUR OBLIGATIONS IN THE 'PROTECTION OF CUSTOMER DATA' SECTION OF THIS AGREEMENT, WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, ACCURACY OR COMPLETENESS OF THE SUBSCRIPTION SERVICE, DATA SYNCHED TO OR MADE AVAILABLE FROM THE SUBSCRIPTION SERVICE, HUBSPOT CONTENT, OR THE CONSULTING SERVICES FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE SUBSCRIPTION SERVICE, HUBSPOT CONTENT AND CONSULTING SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND."

    HubSpot provides its services as-is, without any warranties about their suitability, reliability, or accuracy.

    You have no guarantee that the service will work as expected or be fit for your specific business needs.

🛡

Indemnification

4 flags
  • Severity 3
    "You will indemnify, defend and hold us and our Affiliates harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and Affiliates) by a third party not affiliated with us or our Affiliates to the extent that such Action is based upon or arises out of (i) unauthorized or illegal use of the Subscription Service by you or your Affiliates, (ii) your or your Affiliates' noncompliance with or breach of this Agreement, (iii) your or your Affiliates' use of Third-Party Products, or (iv) the unauthorized use of the Subscription Service by any other person using your User information."

    You must defend HubSpot against any third-party claims arising from your unauthorized or illegal use of their service, or your breach of the agreement.

    You could be responsible for legal costs if your actions lead to HubSpot being sued by someone else.

  • Severity 3
    "You will indemnify, defend and hold us and our Affiliates harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and Affiliates) by a third party not affiliated with us or our Affiliates to the extent that such Action is based upon or arises out of (i) unauthorized or illegal use of the Subscription Service by you or your Affiliates, (ii) your or your Affiliates' noncompliance with or breach of this Agreement, (iii) your or your Affiliates' use of Third-Party Products, or (iv) the unauthorized use of the Subscription Service by any other person using your User information."

    You must defend HubSpot against any third-party claims arising from your misuse of the service, your breach of the agreement, or your use of third-party products.

    You could be responsible for legal costs and damages if someone sues HubSpot because of your actions or omissions.

    ⚖️Matches T-Mobile Data Breach Settlement — settled for $350M (2022)
  • Severity 3
    "You will indemnify, defend and hold us and our Affiliates harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and Affiliates) by a third party not affiliated with us or our Affiliates to the extent that such Action is based upon or arises out of (i) unauthorized or illegal use of the Subscription Service by you or your Affiliates, (ii) your or your Affiliates' noncompliance with or breach of this Agreement, (iii) your or your Affiliates' use of Third-Party Products, or (iv) the unauthorized use of the Subscription Service by any other person using your User information."

    You must defend HubSpot against any third-party claims arising from your unauthorized or illegal use of their service, or your breach of the agreement.

    You could be responsible for legal costs and damages if your actions lead to HubSpot being sued by others.

  • Severity 3
    "You will indemnify, defend and hold us and our Affiliates harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and Affiliates) by a third party not affiliated with us or our Affiliates to the extent that such Action is based upon or arises out of (i) unauthorized or illegal use of the Subscription Service by you or your Affiliates, (ii) your or your Affiliates' noncompliance with or breach of this Agreement, (iii) your or your Affiliates' use of Third-Party Products, or (iv) the unauthorized use of the Subscription Service by any other person using your User information."

    You must defend HubSpot against any third-party claims arising from your misuse of the service, your breach of the agreement, or your use of third-party products.

    You could be responsible for paying legal fees and damages if a third party sues HubSpot because of your actions.

    ⚖️Matches T-Mobile Data Breach Settlement — settled for $350M (2022)
👻

Silent term changes

12 flags
  • Severity 4
    "We may modify the Subscription Service during the Subscription Term, including by adding or removing features, functions, Limits, or Add-Ons that apply to your subscription. Any modifications we make will not materially degrade the overall functionality of the Subscription Service during the Current Term to which you subscribe except as follows: (i) modifications to Free Services; (ii) modifications resulting from changes outside of our control, such as a change to applicable law, changes related to Third-Party Products, etc.; (iii) as otherwise specified in our Product Specific Terms; or (iv) modifications to any Beta Services."

    HubSpot can change the subscription service, including adding or removing features, as long as it doesn't materially degrade functionality.

    Features you rely on could be removed or changed, impacting your workflow without a material degradation of the overall service.

  • Severity 4
    "We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request. We will comply with our Code of Business Conduct and Ethics which can be found on our Investor Relations page on hubspot.com; the Code of Business Conduct and Ethics is incorporated into this Agreement, and may be updated without additional notice to you."

    HubSpot can disclose any information as needed to comply with laws or government requests, and may update its Code of Conduct without notice.

    HubSpot may share your information with authorities, and its internal policies can change without you being notified.

  • Severity 4
    "We may modify any part or all of the Agreement by posting a revised version at http://legal.hubspot.com. The revised version will become effective and binding the next business day after it is posted. We will provide you notice of this revision by email or in-app notification."

    HubSpot can change the agreement terms by posting a revised version online, which becomes effective the next business day.

    The terms you agreed to can change overnight, and you might not realize it until it affects you.

    ⚖️Matches Italian DPA (Garante) v. WhatsApp — settled for $6M (2022)
  • Severity 4
    "We may modify the Subscription Service during the Subscription Term, including by adding or removing features, functions, Limits, or Add-Ons that apply to your subscription. Any modifications we make will not materially degrade the overall functionality of the Subscription Service during the Current Term to which you subscribe except as follows: (i) modifications to Free Services; (ii) modifications resulting from changes outside of our control, such as a change to applicable law, changes related to Third-Party Products, etc.; (iii) as otherwise specified in our Product Specific Terms; or (iv) modifications to any Beta Services."

    HubSpot can change the subscription service, including adding or removing features, as long as it doesn't materially degrade the overall functionality.

    Features you rely on could be removed or changed, impacting your workflow without a material degradation of the overall service.

    ⚖️Matches X Corp. Verified User Class Action (2024)
  • Severity 4
    "We may modify any part or all of the Agreement by posting a revised version at http://legal.hubspot.com. The revised version will become effective and binding the next business day after it is posted. We will provide you notice of this revision by email or in-app notification."

    HubSpot can change the agreement terms by posting a revised version online, which becomes effective the next business day after posting.

    The terms you agreed to can change overnight, and you might not realize it until the next day.

  • Severity 4
    "We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request. We will comply with our Code of Business Conduct and Ethics which can be found on our Investor Relations page on hubspot.com; the Code of Business Conduct and Ethics is incorporated into this Agreement, and may be updated without additional notice to you."

    HubSpot can disclose any information to satisfy legal requirements and may update its Code of Business Conduct and Ethics without notice.

    HubSpot may share your information with the government and can change its internal policies without telling you.

  • Severity 4
    "We may modify any part or all of the Agreement by posting a revised version at http://legal.hubspot.com. The revised version will become effective and binding the next business day after it is posted. We will provide you notice of this revision by email or in-app notification."

    HubSpot can change the agreement by posting a revised version online, which becomes effective the next business day after posting.

    The terms you agreed to can change overnight, and you might not be aware of the new rules.

    ⚖️Matches Italian DPA (Garante) v. WhatsApp — settled for $6M (2022)
  • Severity 4
    "We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request. We will comply with our Code of Business Conduct and Ethics which can be found on our Investor Relations page on hubspot.com; the Code of Business Conduct and Ethics is incorporated into this Agreement, and may be updated without additional notice to you."

    HubSpot may disclose any information to satisfy legal requirements and may update its Code of Business Conduct and Ethics without notice.

    HubSpot can share your data if legally required and can change their internal policies that govern their conduct without telling you.

  • Severity 4
    "We may modify the Subscription Service during the Subscription Term, including by adding or removing features, functions, Limits, or Add-Ons that apply to your subscription. Any modifications we make will not materially degrade the overall functionality of the Subscription Service during the Current Term to which you subscribe except as follows: (i) modifications to Free Services; (ii) modifications resulting from changes outside of our control, such as a change to applicable law, changes related to Third-Party Products, etc.; (iii) as otherwise specified in our Product Specific Terms; or (iv) modifications to any Beta Services."

    HubSpot can change the subscription service, including adding or removing features, as long as it doesn't materially degrade the overall functionality.

    Features you rely on could be removed or changed, potentially disrupting your workflow without a material impact on the service's core function.

    ⚖️Matches X Corp. Verified User Class Action (2024)
  • Severity 4
    "We may modify any part or all of the Agreement by posting a revised version at http://legal.hubspot.com. The revised version will become effective and binding the next business day after it is posted. We will provide you notice of this revision by email or in-app notification."

    HubSpot can change the agreement terms by posting a revised version online, which becomes effective the next business day.

    The terms you agreed to can change overnight, and you might not be aware of the new rules until they are already in effect.

    ⚖️Matches Italian DPA (Garante) v. WhatsApp — settled for $6M (2022)
  • Severity 4
    "We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request."

    HubSpot reserves the right to disclose any information as needed to comply with any law, regulation, or legal process.

    HubSpot can share your data with government entities if they receive a valid request.

    ⚖️Matches X Corp. Verified User Class Action (2024)
  • Severity 4
    "We may modify the Subscription Service during the Subscription Term, including by adding or removing features, functions, Limits, or Add-Ons that apply to your subscription. Any modifications we make will not materially degrade the overall functionality of the Subscription Service during the Current Term to which you subscribe except as follows: (i) modifications to Free Services; (ii) modifications resulting from changes outside of our control, such as a change to applicable law, changes related to Third-Party Products, etc.; (iii) as otherwise specified in our Product Specific Terms; or (iv) modifications to any Beta Services."

    HubSpot can change the subscription service, including adding or removing features, as long as it doesn't materially degrade the overall functionality.

    Features you rely on could be removed or changed, potentially disrupting your workflow.

    ⚖️Matches X Corp. Verified User Class Action (2024)

Recent changes detected

Sep 10, 2024

HubSpot tied AI training consent to feature enablement — turning on Breeze AI automatically grants HubSpot rights to use your CRM data including contact records and email content for model training. The prior policy explicitly prohibited this use.

Sales and marketing teams whose CRM contains confidential pipeline data, competitor intelligence, and customer communication history. Enabling any Breeze AI feature retroactively authorizes training on all historical CRM data.