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Last Modified: September 3, 2025
PLEASE READ THESE TERMS CAREFULLY.
The HubSpot Product Specific Terms are intended to highlight some of the important things about using our different Subscription Services. The Product Specific Terms form part of the HubSpot Customer Terms of Service and are hereby incorporated therein.
The HubSpot Subscription Services may be provided to you as a Beta Service and where the HubSpot Beta Terms at https://legal.hubspot.com/hubspot-beta-terms will also apply.
1. HubSpot Smart CRM and Free Services
4. Commerce Hub
5. Other Hubs
7. HubSpot AI
10. Customer Support
1. HUBSPOT SMART CRM AND FREE SERVICES
1.1 HubSpot Smart CRM Subscription Fees. HubSpot Smart CRM, which includes ‘lite’ versions of select features in our paid Subscription Services, is one of our Free Services. As such, there are no Subscription Fees associated with your use of Free Services.
While there’s no charge for Contacts in the Smart CRM, if you subscribe to Marketing Hub, you will be charged for contacts as part of your fee for that Subscription Services, even if they are added through the HubSpot Smart CRM. If you use the HubSpot Smart CRM or any of our Free Services, we will make them available to you until the earlier of (i) the date on which your free subscription is terminated or (ii) the start date of your paid subscription.
1.2 Email Send Limit. If you reach your Email Send Limit, you will not be able to send any more emails until the start of the next calendar month, including emails pre-scheduled to go out after reaching the Email Send Limit. Kick-back emails from form conversion will not be interrupted.
1.3 Retrieval of Customer Data. If you need help retrieving your Customer Data during the Subscription Term, we will provide reasonable assistance to you, at your reasonable cost, and in accordance with the ‘Confidentiality’ section of the General Terms.
We strongly recommend retrieving your Customer Data prior to the end of your Subscription Term; for the HubSpot Smart CRM and Free Services, we will not provide you with any access to Customer Data after termination or expiration of your Subscription Term.
 HubSpot Terms Tip: If you want to export Customer Data during your Subscription Term, you can retrieve Customer Data by following the instructions at the following knowledge base articles: "Export your Content and Data"; "Export your Records"; "Export your Ad Performance Data"; "Export your Marketing Email Performance Data"; "Perform a permanent delete in HubSpot." Customers with Free Services only can refer to the “View and filter activities on a record" knowledge base article for instructions on accessing activity history. |
1.4 Unified Database. By using HubSpot Smart CRM with other parts of the Subscription Service, you understand that all Contact Information will be stored in a unified database of Contacts associated with your subscription, and that all workflows you use will pull from this unified list of Contacts.
2. HUBSPOT PLATFORM ACCESS
2.1 HubSpot Seats. A “Seat” is the manner and level of access your Users have to the Subscription Services. We offer different types of seats based on what Subscription Services you purchase.
2.1.1 Seats Access. If you are an existing customer, not yet migrated to the new Seats model, the way you are billed for your Subscription Services will remain unchanged until we send you advance notice of your migration plan (“Legacy Access Model”). Customers with Legacy Access Model pricing to Sales Hub and Service Hub Subscription Services will continue to be charged fees associated with Users as set forth in your Order Form (“Paid Users”). New customers will automatically be included in the HubSpot Seats model as further described in the Product and Services Catalog and the following ‘Managing Seats and Users’ section.
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2.1.2 Managing Seats and Users.
(i) Dedicated Users. Each Seat is dedicated to one User, and each HubSpot account must have at least one Seat.
(ii) Updating Seats and Users. You may change the User assigned to each Seat at any time during the Subscription Term. Users may not share Seats or log-in information; as required in the Agreement, each User must have unique user identifications and passwords.
(iii) Adding New Users and Seats. When adding new Users and Seats to the Subscription Services, Starter, Professional, and Enterprise tier platforms will prompt customers to assign a Seat, if one is available; Users added to the Subscription Services, but not to a paid Seat, will be automatically assigned to a View-Only Seat. Visit our Product and Services Catalog for more information about additional Seats and types.
(iv) Removing Added Seats at Renewal. You may remove added Seats (i.e., Seats not included with your purchase of other Subscription Services) by first unassigning the User from the Seat, then removing it from your renewal; the change will be effective as of your next renewal date if you sign a new Order Form at renewal. Additionally, if you downgrade subscription tiers as permitted under the Agreement at renewal, you will lose access to the seats associated with your previous subscription.
(v) Removing Partner Seats. You can remove Partner Seats at any time with no impact on your renewal. Customers are encouraged to review and update Partner Seats on a regular basis.
| HubSpot Terms Tip: Additional information on managing Users is available in the “HubSpot user permissions guide” knowledge base article. |
2.2 HubSpot Credits. “HubSpot Credits” are the flexible way you can access usage-based features within the Subscription Services, as further detailed in the Products & Services Catalog. Your HubSpot Credits reset monthly during your Subscription Term, and any unused credits from the prior month will expire at reset.
2.2.1 Managing HubSpot Credits. You can review your HubSpot Credit consumption and related permissions in Account & Billing. Credits will be audited daily to reflect your usage. You may use HubSpot Credits that are included with your Subscription Services; if you use all included credits and do not purchase additional HubSpot Credits, usage-based features will pause until your HubSpot account has enough credits available. Once you make an initial purchase of additional HubSpot Credits, you can further increase your HubSpot Credits during your Subscription Term by adding additional capacity packs to your account through checkout or through these automated options:
(i) Upgrades. Once you make an initial purchase of additional HubSpot Credits, you can further increase your HubSpot Credits during your Subscription Term by (i) adding additional capacity packs to your account during checkout, or (ii) exceeding the number of HubSpot Credits in your account so that additional capacity packs are added to your account automatically.
(ii) Overages. If you configure your account to enable Overages, and if your usage exceeds the total credits in your account, you will incur Overages instead of upgrading to additional capacity packs. Overages will be billed as reflected in our Product and Services Catalog based on our then-current list price. We will issue an invoice for any Overages at the end of each month based on your Subscription Term for payment in accordance with the ‘Payment Against Invoice’ section of the General Terms.
 HubSpot Terms Tip: You can learn more about how to configure your account to manage HubSpot credits and feature Limits in the "Understand HubSpot Credits and billing" knowledge base article. |
2.2.3 Legacy Access Model Credits. If you are a customer on a Legacy Access Model (i) you may purchase HubSpot Credits at any time, and (ii) any HubSpot Credits included at no additional charge for legacy services will be communicated separately, as applicable.
2.2.4 Removing Added Credits at Renewal. You may remove added HubSpot Credits (i.e., HubSpot Credits not included with your purchase of other Subscription Services) by removing it from your renewal; the change will be effective at the start of your next Renewal Term if you sign a new Order Form at renewal. If you downgrade subscription tiers at renewal, you will lose access to the included HubSpot Credits associated with your previous subscription.
3. MARKETING HUB
3.1 Overview. Customers who purchase one of our Marketing Contacts Products (defined below) will only pay for the contacts to which they want to send marketing emails and target ads.
If you’re a legacy Marketing Hub customer, the Legacy Marketing Hub terms available at https://legal.hubspot.com/marketing-hub-legacy-terms apply to your Marketing Hub subscription instead. Once you've purchased a Marketing Contacts subscription or have been migrated to our then-current Marketing Hub subscription, you cannot choose to re-purchase the legacy Marketing Hub subscription.
3.2 Marketing Hub (with Marketing Contacts). The terms in this section apply to any purchase of the following products: Marketing Contacts Products as defined below.
3.2.1 Definitions.
“Marketing Contacts” means Contacts that are able to receive marketing emails and be targeted with ads, and are designated as Marketing Contacts in your HubSpot account.
"Maximum Contacts" means the maximum number of Marketing Contacts you are permitted to use with the Subscription Service as identified in your Order Form, plus any Marketing Contacts added as part of an upgrade.
“Non-Marketing Contacts” means Contacts that are not designated as marketing-eligible by you in your HubSpot account. You cannot target Non-Marketing Contacts with marketing emails or ads.
3.2.2 Marketing Contacts Products Email Send Limit
If you reach your Email Send Limit, you may not be able to send any more emails. You may increase your Email Send Limit by upgrading your Marketing Contacts subscription or by purchasing a ‘Dedicated IP Add-on’ which includes unlimited email sends, in which case your fee will increase during the course of a Billing Period as described in the ‘Fee Adjustments’ section below.
3.3 Contact Tier Upgrades.
For our Marketing Contacts Products, once increased, your Subscription Fee will not decrease, even if there is a subsequent reduction in the number of Marketing Contacts or emails sent. Your Subscription Fee will not increase if you add Contacts which are not designated as Marketing Contacts by you in your account.
You can learn more about how your fees may be otherwise adjusted in the remainder of this 'Fees Adjustments' section below.
3.3.1 Contact Tiers. Your Subscription Fee will increase immediately during the course of a Billing Period if you exceed your Maximum Contacts Limit in a Billing Period. In this case, the Subscription Fee will increase up to the tier price which corresponds with the number of Marketing Contacts and your invoice will increase by the corresponding prorated amount for the remainder of your Current Term. Tier prices for Marketing Contacts Products are as set out in the Product and Services Catalog. You will receive an electronic notification (as described in the Notices section of our General Terms) if you’re approaching your Marketing Contact tier Limit.
You may manage your Marketing Contacts to avoid an increase in your Subscription Fee as set out in the ‘Managing Your Marketing Contacts’ section below.
3.3.2 Managing Your Marketing Contacts. When you purchase a Marketing Contacts subscription, you’ll have the opportunity to select which contacts you’d like to designate as Marketing Contacts, and which you want to designate as Non-Marketing Contacts. We also recommend reviewing the designation of your Contacts regularly to avoid an unintended Contact tier upgrade fee. All Users have permission to make Contact designations in your HubSpot account unless their right to do so is limited by you in the ‘Users and Teams’ settings.
If you’re switching from one of our Marketing Hub subscription with legacy contacts pricing to one of our Marketing Contacts subscriptions, all Contacts will be designated Marketing Contacts by default. We strongly recommend you complete the Eligibility Flow tool to designate your Non-Marketing Contacts before you switch to avoid an unintended Contact tier upgrade fee which will apply immediately and cannot be refunded.
We will monitor or audit remotely the number of Marketing Contacts in the Subscription Service and the number of emails that you send on the Subscription Service. This information is also made available to you in your HubSpot account.
You can change your Contacts from Non-Marketing to Marketing Contacts at any time. We allow you to designate Marketing Contacts as Non-Marketing’ Contacts at any time, but changes in designations to Non-Marketing will not take effect until the first day of the next month or on your subscription renewal date, whichever comes first.
3.3.3 Retrieval of Customer Data. For Marketing Hub Professional - Marketing Contacts and for Marketing Hub Enterprise - Marketing Contacts, if you make a written request within thirty (30) days after termination or expiration of your subscription, we will provide you with temporary access to the Subscription Service to retrieve, or we will provide you with copies of, all Customer Data then in our possession or control. If we provide you with temporary access to the account, we may charge a re-activation fee. Thirty (30) days after termination or expiration of your Subscription, we will have no obligation to maintain or provide you the Customer Data. We will delete all Customer Data in our systems or otherwise in our control unless (i) we are legally prohibited or (ii) save as set out in the ‘Deletion or Return of Customer Personal Data’ section of the DPA, then such Customer Personal Data will be Processed in accordance with our DPA.
We will provide reasonable assistance to you, at your reasonable cost, if you require any assistance to retrieve your Customer Data during the Subscription Term, and in accordance with the ‘Confidentiality’ section of the General Terms.
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3.3.4 Brand Domains. In order to host multiple root domains associated with your company in a single HubSpot account, you must purchase a subscription to the Marketing Hub Enterprise - Marketing Contacts Subscription Service with the Brand Domain Subscription Service. A root domain is considered to be a different domain name that immediately precedes the top-level domain indicator.
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3.4 Ad Conversions. By using the Google Enhanced Conversions feature, one of the ad conversion tools offered by HubSpot, you authorize us to provide necessary data to Google in order to make this functionality available to you; you also agree to comply with Google’s Customer Data Policies available at https://support.google.com/adspolicy/answer/7475709?hl=en&ref_topic=7012636.
3.5 YouTube Integration. The Subscription Service uses YouTube API services. Your use of HubSpot's YouTube integration is subject to the YouTube Terms of Service available at https://www.youtube.com/t/terms and the Google Privacy Policy available at http://www.google.com/policies/privacy.
4. COMMERCE HUB
4.1 Overview. Customers can use Commerce Hub to create a payment experience with their buyers.
If you use Commerce Hub, which includes many features detailed in the Product and Services Catalog, you may also select a payment processing option to collect payments from your buyers.
If you use Stripe payment processing as your payment processing option, please note that Stripe payment processing is an additional service available, subject to the ‘Commerce Hub Platform Fees and Payment’ section and the Stripe Payment Processing Terms available at https://legal.hubspot.com/stripe-payment-processing-terms.
If you use HubSpot payments as your payment processing option, please note that HubSpot payments is subject to the ‘Commerce Hub Fees and Payment’ section and the HubSpot Payments Terms of Use available at https://legal.hubspot.com/payments-terms-of-use. However, HubSpot payments is not a Subscription Service governed by our General Terms.
4.2 Commerce Hub Fees and Payment. Since Commerce Hub is related to payment processing, your payments for Commerce Hub are based on a per-transaction basis rather than a subscription basis. Therefore, HubSpot does not collect Subscription Fees for Commerce Hub, and Commerce Hub will not be included in an Order Form. Instead of the ‘Fees’ section of the General Terms, this section and the linked terms included here describe the fees related to Commerce Hub, which excludes any Subscription Fees.
As it relates to Commerce Hub, a “Payment Processor” is a separate entity not affiliated with HubSpot, which provides its own technical services and processing of payments to you. The current Payment Processor for Commerce Hub is Stripe, Inc. ("Stripe"). For clarification, in each transaction enabled by Commerce Hub, HubSpot is not processing payments, and Stripe as Payment Processor provides those services directly to you.
If you choose to use Commerce Hub to create a payment experience, you agree to pay a use-based fee, as shown in the Product and Services Catalog, for each transaction processed with the Payment Processor (a “Platform Fee”) which will be collected from you by the Payment Processor, in addition to other fees applicable to Commerce Hub as detailed in the Product and Services Catalog. We reserve the right to change the Platform Fee and Processing Fees at any time, and will provide you with at least thirty (30) days’ prior notice of any increase, which may be given by email, in your HubSpot Account, or through any other means we reasonably determine.
4.3 Billing Migration. If you use Commerce Hub, you may also choose to use our billing migration service, which permits you to transfer existing billing subscription data from your account with a third party (e.g., Stripe) to your HubSpot account (“Billing Migration”).
You understand and agree that the Billing Migration Services only apply to and cover (i) the types of Customer Data related to products and services available from Commerce Hub (as further specified in the Product and Services Catalog), including, but not limited to, subscriptions, payments, internal invoices, and internal orders. Except where otherwise agreed, the Billing Migration Services do not apply to or cover other services or types of data in connection with the Subscription Service; and (ii) the Billing Migration Services only cover Customer Data submitted or collected with your third party account prior to your participation in and use of the Billing Migration Services.
You agree, at your own cost and expense, to supply your own personnel and resources or that of your designated third party service provider to support the Billing Migration. In the event that you do not provide such personnel and resources in a timely manner we may at our option either (i) inform you that Billing Migration was not possible and you will remain on your current HubSpot account with the current Customer Data or (ii) deem the Billing Migration complete.
You acknowledge that by using Billing Migration, you assume the risk that (i) some data may be lost, either through loss during the migration or data not captured during the Billing Migration; (ii) HubSpot may cancel a migration or a migration may fail; and (iii) HubSpot will not be responsible for any credits, data loss, or other costs to Customer.
If you use Billing Migration, you understand you may be subject to different fees and terms, as described in the Product and Services Catalog and the applicable terms for the payment processing option as noted in the ‘Overview’ section above.
5. OTHER HUBS
5.1 Overview. The terms in this section apply to Subscription Services reflected as a Hub in the Product and Services Catalog, except Marketing Hub and Commerce Hub which are referenced in their respective sections.
5.1.1 Retrieval of Customer Data. We will provide reasonable assistance to you, at your cost, if you require any assistance to retrieve your Customer Data during the Subscription Term, and in accordance with the ‘Confidentiality’ section of the Terms of Services.
We strongly recommend retrieving your Customer Data prior to the end of your Subscription Term; for the other Hub Subscription Services we will not provide you with any access to Customer Data after termination or expiration of your Subscription Term.
| HubSpot Terms Tip: If you want to retain or export Customer Data during your Subscription Term, you can retrieve Customer Data by following the instructions at the following knowledge base articles: "Export your Content and Data"; "Export your Records"; "Export your Ad Performance Data"; "Export your Marketing Email Performance Data"; "Perform a permanent delete in HubSpot." |
5.2 Sales Hub. The terms in this Section also apply to any purchase of Sales Hub:
5.2.1 Documents. Files that you upload using the ‘Documents’ feature are stored by us and shared with other users of your HubSpot Smart CRM team.
5.2.2 Sales Extension Uninstall. The Sales Extension for Google Chrome and Outlook may leave remnants of application settings and log files on your device even after the Sales Extension has been uninstalled.
| HubSpot Terms Tip: For more information on how to uninstall the Sales Extension, please refer to this knowledge base article at https://knowledge.hubspot.com/email-tracking/how-do-i-uninstall-hubspot-sales. |
5.2.3 Revenue Reporting Tools. Revenue reporting tools provided as part of the Subscription Service are not intended to be used as systems of record for financial, tax, employee commission, or other regulatory compliance or reporting. You are responsible for ensuring the accuracy or reports derived using the revenue reporting tools.
5.3 Data Hub. The terms in this Section also apply to any purchase of Data Hub:
You are responsible for ensuring the completeness, accuracy and configuration of all Customer Data transferred using the data sync feature available in Data Hub. You are also responsible for ensuring you have all necessary licenses and consents to share two-way and historical Customer Data syncing features described in the Product and Services Catalog.
6. ENRICHMENT PRODUCTS
6.1 Overview. HubSpot enrichment products descriptions, availability, Limits, scope, upgrade details, and more are available in the Product and Services Catalog. Legacy enrichment products, including HubSpot Insights, are no longer available.
6.2 Enrichment Data. Collectively, “Enrichment Data” includes both Professional Enrichment Data and Company Enrichment Data, each as defined below.
(i) Professional Enrichment Data. "Professional Enrichment Data” is Contact record data, including Personal Data, such as email addresses. If you submit a Contact record for enrichment, your submission includes Professional Enrichment Data; HubSpot’s Enrichment Outputs also include Professional Enrichment Data.
(ii) Company Enrichment Data. “Company Enrichment Data” is company record data, not including Personal Data and reflects only entity information, such as company domain. If you submit a company record for enrichment, your submission includes Company Enrichment Data; HubSpot’s Enrichment Outputs also include Company Enrichment Data.
6.3 Enrichment Outputs. The outputs of the enrichment products may include Enrichment Data from HubSpot and other reports, text, and content made available from our commercial dataset (“Enrichment Outputs”). For the avoidance of doubt, our commercial dataset and Enrichment Outputs are considered HubSpot Content.
6.4 HubSpot Tracking Code and Customer Websites. For the avoidance of doubt, intent features included in enrichment products use the HubSpot Tracking Code as further detailed in the HubSpot Terms of Service.
6.5 Data Use and Sharing Authorization.
(i) You agree we may use information 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.
(ii) You acknowledge we may use Enrichment Data to provide, maintain, append, improve, enhance, and develop our commercial dataset and the Subscription Services; this authorization is necessary for the functionality of enrichment products and supersedes any prior or conflicting terms. For the avoidance of doubt, by using the enrichment products, you agree that only the Enrichment Data you transmit to HubSpot via the Subscription Services may be copied to our commercial dataset and processed further as HubSpot Content.
(iii) For your ease of reference, the ‘Controller-to-Controller Terms’ section of the DPA applies to the extent that Customer uses our enrichment products or the HubSpot tracking code, and each party is considered a Controller under Data Protection Laws.
6.6 Accuracy and Availability.
(i) HubSpot will make reasonable efforts to match, cleanse, update, or append your records with information from our commercial dataset.
(ii) HubSpot will take reasonable steps to correct errors and omissions in Enrichment Outputs when discovered by HubSpot and/or upon notification by Customer. However, accuracy of Enrichment Outputs may vary, and availability of Enrichment Outputs may be limited by location.
6.7 Customer Responsibilities.
(i) You are responsible for the content, accuracy, and integrity of Enrichment Data you transmit to HubSpot, including for correcting errors and omissions.
(ii) Customer acknowledges that it shall implement the current version of the HubSpot Tracking Code on the Customer Websites in accordance with the current product documentation and acknowledges that failure to do so may cause the enrichment products to cease working properly.
(iii) With respect to the use of the HubSpot Tracking Code, Customer represents and warrants that it has provided and will continue to provide adequate notices and opt-out mechanisms, and that it has obtained and will continue to obtain any necessary permissions and consents, as required by applicable laws, in order to lawfully collect and transmit Website Data and Professional Enrichment Data to HubSpot under the Agreement. Without limiting the foregoing, Customer will include on each Customer Website a notice that discloses Customer’s use of third-party tracking technology to collect Website Data in compliance with Data Protection Laws (as defined under the DPA).
7. HUBSPOT AI
7.1 Overview. We make available products, features, or tools that incorporate artificial intelligence (AI) ("HubSpot AI"). These may include generative AI, machine learning, or related technologies. The terms in this section govern your use of HubSpot AI within the Subscription Services. The terms in this section do not apply to the use of any Third-Party Products or Third-Party Sites that are powered by artificial intelligence, machine learning, or related technologies. Some HubSpot AI settings may be on by default; you can manage these settings at any time in your account.
| HubSpot Terms Tip: Visit the HubSpot knowledge base article "Manage your AI settings" for more information about options and settings. |
7.2 AI Input and Output. You may not use HubSpot AI in a manner that violates the HubSpot Acceptable Use Policy. You are responsible for any text, images, or other content you upload or submit to HubSpot AI (“AI Input”) as well as the text, images, or other content generated by HubSpot AI based on your AI Input (“AI Output”). You will have all necessary rights and permissions to share any data included in the AI Inputs you provide and the AI Outputs you use. AI Output may not be accurate or reliable and you should independently review all AI Output before using or sharing it.
7.3 Ownership and Rights. Between you and HubSpot, you retain all rights you may have to use and exploit your AI Output. This means you can use your AI Output for any lawful purpose, including commercial purposes such as sale or publication, in accordance with the Customer Terms of Service (including these Product Specific Terms).
You acknowledge that AI Output may not be unique across users and that HubSpot AI may generate the same or similar AI Output for you or a third party.
7.4 AI Service Providers. We provide some elements of HubSpot AI through third party AI service providers. You acknowledge that your AI Input and AI Output, including Customer Data, will be shared with and processed by our AI service providers, in order to enable your use of HubSpot AI, content moderation, and other business purposes consistent with this Agreement. You may refer to the DPA for additional information about HubSpot AI and related data handling.
7.5. Availability and Modifications. We do not guarantee the availability of HubSpot AI in any or all geographical areas. Notwithstanding anything to the contrary in this Agreement, any production downtime impacting HubSpot AI that results from a failure of a third party service provider will not be included in the Service Uptime Commitment.
Notwithstanding anything to the contrary in our Terms of Service or these Product Specific Terms, we may make changes to HubSpot AI features that materially reduce the functionality provided to you during the Subscription Term or change the Limits that apply to you at any time in our sole discretion.
| HubSpot Terms Tip: For more information about our AI Products and AI service providers, you can visit the "HubSpot AI Cloud Infrastructure Frequently Asked Questions" knowledge base article. |
8. OTHER SERVICES
8.1 Consulting Services. You may purchase Consulting Services by placing an Order with us. Unless we otherwise agree, the Consulting Services we provide are described in the Product and Services Catalog and will be delivered in English. Fees for these Consulting Services are in addition to your Subscription Fee. If you purchase Consulting Services that recur, they will be considered part of your subscription and will renew in accordance with your subscription. If you are purchasing Consulting Services under the scope of your HubSpot Solutions Partner Program Agreement through an Order Form, the HubSpot Solutions Partner Program Agreement will apply.
8.1.1 Remote Delivery. All Consulting Services are performed remotely, unless you and we otherwise agree. For Consulting Services performed on-site, you will reimburse us our reasonable costs for all expenses incurred in connection with the Consulting Services. Any invoices or other requests for reimbursements will be due and payable within thirty (30) days of the date of the invoice.
8.1.2 Expiration. If there are a specific number of hours included in the Consulting Services purchased, those hours will expire as indicated in the applicable description, which expiration period will commence upon purchase (the “Expiration Period”).
If there are deliverables included in the Consulting Services purchased, it is estimated that those deliverables will be completed within the time period indicated as the delivery period in the applicable description, which delivery period will commence upon purchase (the “Delivery Period”). If there is no Expiration Period or Delivery Period indicated, then it will be one hundred and eighty (180) days from purchase.
If the Consulting Services provided are not complete at the end of the Delivery Period due to your failure to make the necessary resources available to us or to perform your obligations, such Consulting Services will be deemed to be complete at the end of the Delivery Period. If the Consulting Services provided are not complete at the end of the Delivery Period due to our failure to make the necessary resources available to you or to perform our obligations, the Delivery Period will be extended to allow us to complete such Consulting Services.
8.1.3 Third Party Providers. We might provide some or all elements of the Consulting Services through third party service providers. Consulting Services are non-cancellable and all fees for Consulting Services are non-refundable.
8.2 Communication Services. The HubSpot Communication Services include third-party forums, online communities, blogs, personal web pages, calendars, and/or other social media communication facilities (such as Facebook, Twitter and LinkedIn) linked to or from the Subscription Service that enable you to communicate with the public or with a private group (“Communication Services”). If you use the WhatsApp Business Messenger, this section applies to you, in addition to the WhatsApp Business Messenger terms below.
You agree to use Communication Services only in compliance with any terms of use specified by each Communication Service. We do not control the content, messages or information found in the Communication Services. We will not have any liability with regards to the Communication Services and any actions resulting from your use of the Communication Services.
8.3 Hosting Location Migration. Data migration is a programmatic migration of your HubSpot account from one Hosting Location to another. You will lose access to your HubSpot portal prior to and during the data migration (included in Downtime).
(i) You may elect to migrate Hosting Locations by changing the configuration in your account settings, or we may ask you to move to a different Hosting Location (e.g., if we find your location on sign-up differs from our records, like your billing address, if a different Hosting Location would enhance your use of the Subscription Services or make them more reliable, etc.). For Free Services, we will always determine your Hosting Location.
(ii) You acknowledge the limitations and risks associated with data migration, including migration cancellation at the reasonable determination of HubSpot, and possible migration failure. In the event of cancellation or failure, Customer Data will remain in the original data Hosting Location.
(iii) Post Migration Data Retention. After a reasonable period of time, we will either delete or anonymize your Customer Data in the original Hosting Location. We will only retain your Customer Data on an ongoing legitimate business need to do so in accordance with this Agreement, including the DPA.
| HubSpot Terms Tip: For more information on Data Migration, please see the HubSpot knowledge base article "Migrate your account data to another regional data center | Frequently Asked Questions." |
8.4 HubSpot Multi-Account Management. Multi-account management includes features that may allow Customer Data to be shared across accounts, including Personal Data.
8.4.1 Multi-Account Management Limitations. All connected accounts must be in the same Hosting Location. The Product & Services Catalog reflects details and limitations for Multi-account management, including (i) the subscription and tier requirements, (ii) the number of accounts you can connect under Multi-account management, and (iii) other applicable requirements, including features that require specific seat types.
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8.5 HubSpot Directory and Community. If you use the HubSpot Directory (as defined in the HubSpot Marketplace Terms of Use), you agree to comply with the HubSpot Marketplace Terms of Use available at https://legal.hubspot.com/marketplace-tou. If you use the HubSpot Community (as defined in the HubSpot Community Terms of Use), you agree to comply with the HubSpot Community Terms of Use available at http://legal.hubspot.com/community-tou.
8.6 HubSpot Academy. We may offer educational seminars or certifications through HubSpot Academy. The descriptions of these educational seminars and certifications, and the terms and conditions that apply to your participation in HubSpot Academy are available at http://academy.hubspot.com/. By participating in a HubSpot Academy educational seminar or certification, you agree to abide by the applicable terms and conditions for HubSpot Academy.
8.7 Calling. You agree to comply with all applicable laws, rules and regulations when using HubSpot's calling tool. Your use of the calling tool within the Subscription Services is limited to the number of minutes included in your Subscription Service. We do not guarantee the availability of our calling feature in any or all geographical areas. If you are interested in obtaining a list of countries to which we currently offer calling, please contact our Support team. We may update this list at any time without notice to you. We may also disable your ability, or charge you a fee, to make calls to certain countries if we choose to, even if we generally offer calling to these countries. One reason we may do this is if you are making a disproportionate or excessive number of calls to these countries.
Please note, we do not guarantee the availability of this feature in any or all geographical areas where calling is offered. Your use of this feature may, from time to time, be affected by full or partial outages.
8.8 Recording of Calls and Other Electronic Communications. You agree to comply with all applicable laws, rules and regulations relating to the recording, collecting, transmitting, or monitoring of phone calls or other electronic communications, including chatflows. This includes obtaining all necessary consents from participants and providing any required notices before recording. HubSpot does not make any representation or warranty that calling recording features or functionality will ensure your compliance. You are solely responsible for the content of all recordings and confirm you have all necessary rights to share this content with HubSpot.
8.9 Texting. You are responsible for all compliance obligations related to applicable laws, rules and regulations relating to texting communications (also known as SMS texting) when using the Subscription Services. For the avoidance of doubt, you are responsible for your compliance with regulations and carrier requirements, including those relating to marketing and data privacy; in the event your messaging carrier assess a penalty associated with your account or related to your use of the Subscription Services, your invoice will reflect any applicable third-party carrier penalties as a pass through cost. You may work with your carrier directly to dispute any penalties. For your convenience, you can find additional information in the "Set up SMS messaging in HubSpot" knowledge base article.
Please note, we do not guarantee the availability of this feature in any or all geographical areas where this functionality is offered. Your use of this feature may, from time to time, be affected by full or partial outages.
To use SMS for Marketers, a Contact must be set as a Marketing Contact before being eligible to receive an SMS.
| HubSpot Terms Tip: For more information, please refer to the "Set up SMS messaging in HubSpot" knowledge base article. |
8.10 WhatsApp Integration. The terms in this Section apply to your use of our WhatsApp integration by connecting your WhatsApp Business account to HubSpot. If you connect your WhatsApp Business account to HubSpot, you also agree to WhatsApp’s Business Solution Terms available at https://www.whatsapp.com/legal/business-solution-terms/.
If you connect your WhatsApp Business account to HubSpot, you agree that Meta Platforms, Inc. (“Meta”) will function as a Sub-Processor under the DPA.
Please note, we do not guarantee the availability of this feature in any or all geographical areas where WhatsApp is offered. Your use of this feature may, from time to time, be affected by full or partial outages caused by WhatsApp and/or Meta. While we do not assume any responsibility for the results of these outages, we will investigate them in a timely manner to the extent feasible. HubSpot may notify you of these outages at its sole discretion, but is not obligated to do so.
8.11 Beta Services. If we make beta access to some or all of the Subscription Service available to you (i) the Beta Services are provided “as is” and without warranty of any kind, (ii) we may suspend, limit, or terminate the Beta Services for any reason at any time without notice, and (iii) we will not be liable to you for damages of any kind, except in respect of losses that cannot be legally limited or excluded under law, related to your use of the Beta Services.
We might require your participation to be confidential, and we might also require you to provide feedback to us about your use of the Beta Services. You agree that we own all rights to use and incorporate your feedback into our services and products, without payment or attribution to you.
8.12 Third Party Sites and Products. You can choose to integrate Third Party Sites and Products with the Subscription Service. We are not responsible for any Third-Party Sites and Products or for any issues arising from or related to the Third Party Site or Product. The availability of any integration to a Third-Party Site or Product does not mean we endorse, support or warrant the Third-Party Site or Product.
9. SERVICE UPTIME COMMITMENT
9.1 Uptime Definitions. For the purposes of this 'Service Uptime Commitment' section, the following definitions will apply:
"Downtime" means a critical full outage/severe issue that constitutes a catastrophic problem causing complete inability to use the Subscription Service, excluding Free Services, across a significant portion of the production environment (e.g. crash or hang), resulting in production downtime and where there is no workaround or solution to the problem.
"Excluded" means the following: (i) unavailability caused by circumstances beyond our reasonable control, including, without limitation, act of God, acts of government, emergencies, natural disasters, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), or any other force majeure event or factors; (ii) any problems resulting from Customer's combining or merging the Subscription Service with any hardware or software not supplied by us or not identified by us in writing as compatible with the Subscription Service; (iii) interruptions or delays in providing the Subscription Service resulting from telecommunications or internet service provider failures outside of our datacenter as measured by our third party website availability monitoring provider; (iv) any interruption or unavailability resulting from the misuse, improper use, alteration, or damage of the Subscription Service; and (v) unavailability caused while we perform maintenance or other updates related to the Subscription Service when necessary, in HubSpot’s sole, reasonable discretion or other maintenance related to migrations.
"Service Uptime" means (total hours in calendar month - Excluded duration - Downtime duration) / (total hours in calendar month - Excluded duration) x 100% = Service Uptime.
9.2 Service Uptime. We will use commercially reasonable efforts to meet a Service Uptime of 99.95% for our Subscription Service in a given calendar month. All availability calculations will be based on our system records. Notwithstanding anything to the contrary in this Agreement, as Customer's sole and exclusive remedy for failure to meet Service Uptime commitments, in the event there are two (2) or more consecutive calendar months during which the Service Uptime falls below 99.95% in a given calendar month, Customer will be entitled to receive a credit equal to the pro-rated amount of fees applicable to the downtime as measured within two (2) or more consecutive calendar months during which the Service Uptime fell below 99.95%. The credit will be applied against an invoice or charge for the following renewal Subscription Term, provided Customer requests such credit within twenty (20) days of the end of the relevant calendar month in which HubSpot did not meet the Service Uptime of 99.95%. Notwithstanding anything to the contrary in the Agreement or this section, this 'Service Uptime Commitment' section does not apply to our Free Services.
10. CUSTOMER SUPPORT
If you pay us a Subscription Fee for our Starter tier, your Users with a paid Seat can select from support options available in-app, at no additional cost. If you pay us a Subscription Fee for our Professional or Enterprise tier or if indicated in the Product and Services Catalog, phone and in-app support is included at no additional cost for Users with a paid Seat.
10.1 Phone Support. Phone support for Professional or Enterprise tiers is available from 8pm Sunday to 8pm Friday EST (Eastern Standard Time). Please note, these hours may be reduced from time to time, including (i) during recognized holidays in applicable HubSpot entity locations; and (ii) in all locations during HubSpot’s company-wide designated week of rest. We accept email and in-app support questions 24 hours per day x 7 days per week. Email and in-app questions can be submitted through the help widget in the lower right hand corner of your account or by going to our help page at http://help.hubspot.com.
10.2 Email and In-app Support. Email and in-app responses are provided during phone support hours only. We attempt to respond to email and in-app support questions within one business day; in practice, our responses are generally even faster. We do not promise or guarantee any specific response time. We may limit or deny your access to support if we determine, in our reasonable discretion, that you are acting, or have acted, in a way that results or has resulted in misuse of support or abuse of HubSpot representatives.
10.3 Support Limitations. Issues resulting from your use of API's or your modifications to code in the Subscription Service may be outside the scope of support. We will only provide support for integrations which are listed in-app as being supported by HubSpot.
10.4 Free Services Support. If you do not pay a Subscription Fee, support is available to you through the HubSpot Community available at community.hubspot.com.
Similarly, if you have a View-Only Seat, you may contact your internal HubSpot account administrator for access to a paid Seat, or you may leverage the support available through the HubSpot Community available at community.hubspot.com.
