HubSpot's Acceptable Use Policy is legally part of your contract, and HubSpot can suspend your access while investigating any suspected violation, even before finding that a violation occurred.
This analysis describes what HubSpot's agreement states, permits, or reserves. It does not constitute a legal determination about enforceability. Regulatory applicability and practical outcomes may vary by jurisdiction, enforcement context, and individual circumstances. Read our methodology
Because the AUP is a separate document that can be updated independently, customers must actively monitor it for changes, and a suspected but unconfirmed violation can result in service suspension during investigation.
Interpretive note: The scope and update frequency of the separately maintained Acceptable Use Policy introduces ongoing uncertainty about the full range of conduct restrictions applicable at any given time.
The updated terms now explicitly state that AI is embedded throughout HubSpot's platform and is foundational to how subscription services operate. The agreement permits HubSpot to use customer data to train AI models, subject to contractual obligations. You can opt out of having your data used to train AI models by updating your settings in your HubSpot account.
View change record →Renamed to 'Acceptable Use Policy', removed specific investigation and enforcement remedies language, added explicit provision for unilateral AUP updates with automatic acceptance via continued use.
View full change record →Business customers are contractually bound by HubSpot's Acceptable Use Policy in addition to the main terms, meaning violations of the AUP, including by employees using the platform, can trigger suspension or termination even while an investigation is ongoing.
How other platforms handle this
Your use of certain Services may also be subject to acceptable use policies, available at xfinity.com/policies. For example, our Acceptable Use for Xfinity Internet Policy is available at xfinity.com/Corporate/Customers/Policies/HighSpeedInternetAUP.
You may not use the Service in a manner that violates any applicable laws or regulations, interferes with or disrupts AT&T's network, harms other users, or in ways that AT&T determines in its sole discretion are excessive, abusive, or otherwise inconsistent with AT&T's network management practices.
Customer shall not, and shall ensure that Authorized Users do not, use the Service in any manner that: (a) violates applicable laws or regulations; (b) infringes the intellectual property rights of any third party; (c) transmits harmful, offensive, or illegal content; or (d) attempts to reverse engi...
Monitoring
HubSpot has changed this document before.
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"Customer agrees to use the Service only in accordance with HubSpot's Acceptable Use Policy ('AUP'), which is incorporated herein by reference and available at https://legal.hubspot.com/acceptable-use. HubSpot reserves the right to investigate suspected violations of this Agreement or the AUP and may, in its sole discretion, remove content or suspend access to the Service pending investigation.— Excerpt from HubSpot's HubSpot Terms of Service
REGULATORY LANDSCAPE: Acceptable use enforcement by platform providers intersects with the FTC Act's prohibition on unfair practices where suspension may be applied without adequate procedural protections. CAN-SPAM Act requirements are particularly relevant for customers using HubSpot's email marketing features, as AUP violations often arise from email sending practices. GDPR and CCPA may also be implicated where AUP violations involve personal data misuse. GOVERNANCE EXPOSURE: Medium. The 'sole discretion' standard for content removal and suspension pending investigation, without a defined investigation timeline or restoration process, creates operational uncertainty for businesses dependent on platform access. The incorporation by reference of an externally maintained and independently updatable AUP also creates ongoing monitoring obligations. JURISDICTION FLAGS: EU customers should assess whether HubSpot's AUP enforcement practices are consistent with local data protection requirements, particularly regarding the handling of personal data during investigations. Customers in regulated communications industries should verify that AUP restrictions are consistent with their own regulatory compliance obligations. CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should obtain and review the current AUP at contract execution and establish monitoring for updates. Enterprise negotiations should seek defined investigation timelines, cure periods for unintentional violations, and restoration procedures following suspension. The absence of a defined investigation duration creates indefinite suspension risk for businesses that cannot quickly resolve alleged violations. COMPLIANCE CONSIDERATIONS: Compliance teams should integrate the AUP into employee training programs, particularly for users responsible for email campaigns, contact list management, and data uploads. Regular AUP review cycles should be established to identify changes that may require internal policy adjustments or employee retraining.
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Because the AUP is a separate document that can be updated independently, customers must actively monitor it for changes, and a suspected but unconfirmed violation can result in service suspension during investigation.
Business customers are contractually bound by HubSpot's Acceptable Use Policy in addition to the main terms, meaning violations of the AUP, including by employees using the platform, can trigger suspension or termination even while an investigation is ongoing.
ConductAtlas has identified this type of provision across 3 platforms. See the full comparison.
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