Snapshot of the source text at fetch time, not a live mirror of the policy page.
Plain-English summary
This document outlines several critical risks, including the non-refundable nature of fees, the company's right to terminate service for actions that negatively reflect on them, and the permanent deletion of free trial data. It also highlights limitations on liability for indirect damages and third-party products, as well as the company's ownership of user suggestions. The policy mentions that customer data may be used for AI model training and collected via tracking codes, but users have the option to opt out of AI training. Subscriptions auto-renew unless explicitly cancelled, and cannot be cancelled before the current term ends without forfeiting prepaid fees.
91% confidence
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Risk Flags
6 findings
Critical issues that can lead to significant harm, such as financial loss, privacy breaches, or legal disadvantages.
Not clearly stated: No other risk flags were clearly stated or were not supported by the provided text.
high95% confidence
No refunds for non-refundable fees.
All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement.
Why it matters: If you cancel your service, you will not receive a refund for any amounts already paid.
All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement.
FEES, paragraph 9 · Citation strength: strong
high95% confidence
Right to terminate service for actions that negatively reflect on HubSpot.
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.
Why it matters: Your service may be terminated if your actions are perceived to negatively affect HubSpot, its prospects, or customers, even if those actions are not explicitly prohibited elsewhere.
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
high95% confidence
Data collected during free trials may be permanently deleted.
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.
Why it matters: Any data you create or upload during a free trial period may be permanently lost if you do not convert to a paid subscription.
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.
Appendix: U.S. Government Customer Additional Terms, paragraph 53 · Citation strength: strong
high95% confidence
Limitation of liability for indirect, incidental, punitive, or consequential damages.
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.
Why it matters: You may not be able to recover certain types of damages, such as lost profits or data, in legal disputes, even if they result from the company's actions.
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.
If you do not provide this tax receipt within the specified time period, then all fees, inclusive of the Deduction Amount, will be immediately due and payable, and failure to pay these fees may result in your account being suspended or terminated for non-payment.
Why it matters: Failure to provide a valid tax receipt for withheld taxes within 90 days can lead to immediate payment of all fees and potential suspension or termination of your account.
If you do not provide this tax receipt within the specified time period, then all fees, inclusive of the Deduction Amount, will be immediately due and payable, and failure to pay these fees may result in your account being suspended or terminated for non-payment.
FEES, paragraph 13 · Citation strength: strong
high95% confidence
Service provider retains all intellectual property rights.
We retain all intellectual property rights to the HubSpot Content, the Subscription Service, the Consulting Services, and any other products or services provided under this Agreement. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the HubSpot Content, the Subscription Service, or the Consulting Services in whole or in part, by any means, except as expressly authorized in writing by us.
Why it matters: You cannot copy, sell, or create derivative works from the service provider's content or services without their written permission.
We retain all intellectual property rights to the HubSpot Content, the Subscription Service, the Consulting Services, and any other products or services provided under this Agreement. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the HubSpot Content, the Subscription Service, or the Consulting Services in whole or in part, by any means, except as expressly authorized in writing by us.
Policies about how your data is collected, processed, and shared. Look for clear language about your rights and the company's responsibilities.
Not clearly stated: No other data use findings were clearly stated or were not supported by the provided text.
medium90% confidence
Use of Customer Data for machine learning and AI.
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.
Why it matters: Your data may be used to develop and train the company's AI 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.
Collection of Website Data through HubSpot Tracking Code.
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.
Why it matters: Your website data, including personal data like IP addresses, may be collected and used to enhance their commercial dataset 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.
Terms related to subscription cancellation, automatic renewals, and how these actions affect your service and data.
Not clearly stated: No other cancellation and renewal findings were clearly stated or were not supported by the provided text.
medium95% confidence
Subscription auto-renews unless cancelled.
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.
Why it matters: Your subscription will automatically renew at the end of its term unless you explicitly turn off the auto-renewal setting.
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.
TERM AND TERMINATION, paragraph 2 · Citation strength: strong
Gotchas
2 findings
Less obvious clauses that might have surprising or unfavorable implications for users.
Not clearly stated: No other gotchas were clearly stated or were not supported by the provided text.
medium95% confidence
Liability for Third-Party Products is disclaimed.
WE AND OUR AFFILIATES DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE. OUR LICENSORS WILL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT.
Why it matters: The company is not responsible for any issues or liabilities arising from third-party products you use in conjunction with their service.
WE AND OUR AFFILIATES DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE. OUR LICENSORS WILL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT.
Suggestions become property of the service provider.
You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the Subscription Service or Consulting Services, without payment or attribution to you.
Why it matters: Any suggestions or comments you provide about the service can be used by the company without payment or attribution to you.
You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the Subscription Service or Consulting Services, without payment or attribution to you.
Provisions designed to protect user rights, privacy, or provide benefits.
Not clearly stated: No other protections were clearly stated or were not supported by the provided text.
Protection90% confidence
Option to opt out of Customer Data use for AI model training.
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.
Why it helps: Users have control over whether their data is used for AI model training, allowing them to protect their data privacy if they choose.
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.