HubSpot Terms of Service

This document is HubSpot's Customer Terms of Service, governing the contractual relationship between HubSpot and business customers (referred to as 'Customers') who access HubSpot's CRM platform, marketing, sales, and service software products, with the agreement stating it is entered into by the Customer and the applicable HubSpot entity identified in an Order Form. The agreement states that Customers are responsible for all activity occurring under their accounts, that HubSpot may modify pricing with notice, that Customer Data remains the property of the Customer but that HubSpot is granted a license to host and process that data to provide services, and that the terms authorize HubSpot to suspend services for violations of the Acceptable Use Policy or non-payment. The terms establish a mutual limitation of liability capping each party's aggregate liability at amounts paid or payable in the prior twelve months, exclude consequential and indirect damages, and include an indemnification obligation requiring Customers to indemnify HubSpot against third-party claims arising from Customer Data or Customer's use of the services in violation of the agreement; the document also states that HubSpot may update the terms with 30 days notice and that continued use constitutes acceptance. The agreement engages GDPR and other applicable data protection regulations through a Data Processing Agreement incorporated by reference, and the governing law clause specifies Irish law for EU/EEA/UK/Swiss customers and Massachusetts law for all others, creating jurisdiction-specific compliance obligations. Material compliance considerations include the Customer's responsibility to obtain lawful bases for processing Contact Data uploaded to HubSpot, HubSpot's subprocessor disclosure obligations, and the requirement that business customers ensure their own end-users and Contacts have been notified of data processing as required under applicable law.