Snapshot of the source text at fetch time, not a live mirror of the policy page.
Plain-English summary
The service agreement contains several concerning clauses. You may not be able to cancel your subscription before the end of your current term and will not receive refunds for prepaid or unused fees. Your account can be suspended without a refund if your payment method fails. The company can also terminate the agreement if they believe your actions negatively impact them (risk_flags-3) and may delete your data without notice if it violates their terms (risk_flags-4). Additionally, the terms include limitations on liability that prevent recovery of certain damages like lost profits or data (risk_flags-5).
92% confidence
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Risk Flags
3 findings
Critical issues or red flags that users should be aware of. These are typically high-severity concerns that can lead to significant harm.
high90% confidence
Broad Discretion to Terminate for Negative Reflection
The company may terminate the agreement with 30 days' notice if they determine your actions negatively reflect on or affect them, their prospects, or customers.
Why it matters: Your service agreement may be terminated at the company's discretion if they perceive your actions as negatively impacting their reputation or business.
We may also terminate this Agreement for cause on thirty (30) days’ notice if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.
TERM AND TERMINATION, paragraph 4 · Citation strength: strong
high90% confidence
Company Can Delete Customer Data/Materials Without Duty to Prescreen
The company may review and delete Customer Data or Customer Materials that violate their terms or AUP without notice, and they have no duty to prescreen, control, monitor, or edit your data or materials.
Why it matters: Your uploaded data or materials can be deleted by the company without warning if deemed in violation of their policies, and they are not obligated to monitor your content beforehand.
We may, without notice, review and delete any Customer Data or Customer Materials that we determine in good faith violate these terms or the AUP , provided that, we have no duty (unless applicable laws or regulations provide otherwise) to prescreen, control, monitor or edit your Customer Data or Customer Materials.
TERM AND TERMINATION, paragraph 10 · Citation strength: strong
high95% confidence
Limitations on Liability for Indirect and Consequential Damages
Neither party or its affiliates will be liable for indirect, incidental, punitive, or consequential damages, or loss of profits, revenue, data, or business opportunities, to the extent permitted by law.
Why it matters: You may not be able to recover certain types of losses, such as lost profits or data, even if they result from the company's actions, due to limitations on liability.
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.
This section describes how the company collects, uses, shares, and protects your data. It also covers your rights and controls over your data.
medium90% confidence
Use of Customer Data for AI Model Training
The company may use Customer Data to develop, support, and improve its AI features and functionality, and to train its AI models.
Why it matters: Your data may be used by the company to train and improve its artificial intelligence models and features.
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.
Use of Tracking Code Data for Commercial Dataset and Service Development
The company may use data collected through the HubSpot Tracking Code, including Personal Data like IP addresses and other online identifiers, to develop its commercial dataset and Subscription Services.
Why it matters: Data collected from your website through the HubSpot Tracking Code, including personal identifiers, may be used to enhance the company's commercial data and services.
We may use data collected through the HubSpot Tracking Code, which may include Personal Data such as IP addresses and other online identifiers (“Website Data”) to provide, maintain, append, improve, enhance, and develop our commercial dataset and Subscription Services.
This section outlines the terms related to subscription renewal, cancellation procedures, and any associated fees or conditions.
medium90% confidence
Automatic Subscription Renewal
Your subscription will automatically renew for the shorter of the same duration as your prior term or one year, unless otherwise specified in your Order.
Why it matters: Your subscription will automatically renew at the end of its current term, potentially for a period of up to one year, unless you manually turn off auto-renewal.
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.
TERM AND TERMINATION, paragraph 1 · Citation strength: strong
medium95% confidence
Fee Increase at Renewal
Upon renewal, the company may increase your Subscription Fees up to their then-current list price, with 30 days' advance notice.
Why it matters: Your subscription fees may increase significantly at renewal, up to the current list price, though you will be notified at least 30 days beforehand.
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.
FEES, paragraph 2 · Citation strength: strong
low95% confidence
Downgrading Subscription Services
You are not allowed to downgrade your Subscription Service during your current term, but you may do so at your next renewal date by completing a new Order Form.
Why it matters: You cannot reduce your service level during your current subscription period, but you can plan a downgrade for your next renewal.
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.
Appendix: U.S. Government Customer Additional Terms, paragraph 39 · Citation strength: strong
Gotchas
1 finding
Potentially problematic clauses that may be overlooked. These can include one-sided terms, disclaimers, or limitations that could impact users.
medium90% confidence
Liability for Affiliates' Compliance
You remain liable for your Affiliates' compliance with the agreement if you provide them access to the Subscription Service or Consulting Services.
Why it matters: You are responsible for ensuring that any affiliated users comply with the terms of service, and you will be held accountable if they don't.
You may provide access and use of the Subscription Service to your Affiliate's Users or allow them to receive the Consulting Services purchased under an Order; provided that, all such access, use and receipt by your Affiliate's Users is subject to and in compliance with the Agreement and you will at all times remain liable for your Affiliates' compliance with the Agreement.
Appendix: U.S. Government Customer Additional Terms, paragraph 34 · Citation strength: strong
Protections
6 findings
Safeguards and benefits that protect users' rights and interests. These can include clear notice provisions, data protection measures, or favorable termination clauses.
Protection95% confidence
Opt-out of AI Model Training
You can opt out of having your Customer Data used to train the company's AI models by updating your settings in your HubSpot account.
Why it helps: You have control over whether your data is used for training the company's AI models, allowing you to protect your privacy if you choose not to participate.
You may opt out of having your Customer Data used for this purpose by updating your settings in your HubSpot account. If you opt out, we will no longer collect Customer Data to train our AI models, unless you later update your settings and opt in.
Right to Terminate for Material Degradation of Service
If the company modifies the Subscription Service in a way that materially degrades its overall functionality and cannot provide substantially similar functionality, your sole and exclusive remedy is termination of your Subscription Services and a pro-rated refund of unused fees.
Why it helps: If the service quality significantly declines due to company modifications, you have the right to terminate your subscription and receive a refund for the unused portion, protecting you from paying for a degraded service.
If the modification materially degrades the overall functionality of the Subscription Service and HubSpot is unable to provide you with substantially similar functionality, your sole and exclusive remedy for our breach of this section is termination of your Subscription Services and a pro-rated refund of unused fees.
Appendix: U.S. Government Customer Additional Terms, paragraph 45 · Citation strength: strong
Protection90% confidence
Refund for Termination Due to Performance Warranty Breach
If the company fails to correct a non-conformance with its performance warranty within 60 days, either party may terminate the agreement, and you will receive a pro-rated refund of prepaid but unused fees.
Why it helps: You are protected from paying for a service that doesn't meet the promised performance standards, as you can terminate the agreement and get a refund if issues are not resolved in a timely manner.
If we cannot correct such non-conformance within sixty (60) days from the date when you notified us of the non-conformity (the “Remedy Period”), then either party may terminate this Agreement by providing the other party written notice within thirty (30) days after the end of the Remedy Period. If either party terminates the Agreement for this reason, we will promptly refund any prepaid but unused fees covering use of the Subscription Service after termination in accordance with the ‘Effect of Termination or Expiration’ provision of this Agreement.
If the company increases your subscription fees upon renewal and you do not agree to the increase, you can terminate your subscription at the end of your Current Term by providing the required notice.
Why it helps: You are not locked into a subscription at a higher price if you don't agree to the increase, allowing you to cancel your subscription at the end of your current term.
If you do not agree to this increase, you can choose to terminate your subscription at the end of your Current Term by giving the notice required in the ‘Notice of Non-Renewal’ section below.
FEES, paragraph 2 · Citation strength: strong
Protection95% confidence
Opt-Out of Publicity Rights
You can opt-out of the company adding your name and company logo to their customer list and website by filling out a Publicity Opt-Out form.
Why it helps: You have control over whether your company's name and logo are used for the company's marketing purposes, protecting your brand's public image.
You can opt-out of this use by filling out the Publicity Opt-Out form at https://legal.hubspot.com/publicity-opt-out-1 .
Right to Refund for Early Termination by You (for cause)
If you terminate the agreement for cause, the company will promptly refund any prepaid but unused fees covering use of the Subscription Service after termination.
Why it helps: If the company breaches the agreement in a material way, you can terminate the service and receive a refund for the unused portion, ensuring fairness and accountability.
If you terminate this Agreement for cause, we will promptly refund any prepaid but unused fees covering use of the Subscription Service after termination.
TERM AND TERMINATION, paragraph 22 · Citation strength: strong
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