The agreement incorporates HubSpot's Acceptable Use Policy by reference and states that HubSpot may update that policy at any time, with updates effective upon posting, and that continued use of the services constitutes acceptance of any policy updates.
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
This provision establishes that the AUP is a binding component of the agreement and that HubSpot may modify it with no minimum notice period, unlike the 30-day notice required for core terms modifications. Violations of the AUP are cited elsewhere as a trigger for service suspension.
Interpretive note: The document does not specify a minimum notice period for AUP updates, creating ambiguity about how quickly policy changes may take effect relative to the 30-day notice period applicable to core terms modifications.
Under this clause, the Customer is bound by HubSpot's Acceptable Use Policy as it exists at any given time, including future updates that take effect upon posting. Because AUP violations can trigger service suspension under a separate provision, changes to the AUP may affect Customer eligibility to use specific features or engage in certain marketing or communication activities.
How other platforms handle this
You agree not to post, upload, publish, submit or transmit any content that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any ...
In addition to these Terms, you also agree to: Our Acceptable Use Policy ("AUP"): https://legal.kajabi.com/policies/aup
You agree not to engage in any of the following prohibited activities: (i) copying, distributing, or disclosing any part of the Services in any medium; (ii) using any automated system, including 'robots,' 'spiders,' 'offline readers,' etc., to access the Services; (iii) transmitting spam, chain lett...
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"Customer agrees to comply with HubSpot's Acceptable Use Policy, which is incorporated into this Agreement by reference. HubSpot may update the Acceptable Use Policy from time to time, and any changes will be effective upon posting to HubSpot's website. Customer's continued use of the Services following any such update constitutes Customer's acceptance of the updated Acceptable Use Policy.— Excerpt from HubSpot's HubSpot Terms of Service
1) REGULATORY LANDSCAPE: Acceptable Use Policies in marketing and CRM platforms interact with email marketing regulations including the US CAN-SPAM Act, the EU ePrivacy Directive, and Canada's Anti-Spam Legislation (CASL). HubSpot's AUP typically prohibits spam, deceptive practices, and non-compliant communication campaigns, which aligns with these regulatory requirements. The FTC has enforcement authority over deceptive email marketing practices covered by CAN-SPAM. 2) GOVERNANCE EXPOSURE: Medium. The ability to update the AUP without a specified minimum notice period creates operational risk for customers who rely on specific use cases that could be affected by policy changes. The lack of a formal notice period for AUP updates (compared to 30 days for core terms) means that customers may need to monitor HubSpot communications more actively to detect material changes. 3) JURISDICTION FLAGS: Customers operating email marketing campaigns in the EU must comply with ePrivacy Directive consent requirements, which are typically reflected in HubSpot's AUP. Canadian customers must comply with CASL. US customers must comply with CAN-SPAM. AUP violations in any of these jurisdictions could trigger both contractual suspension and direct regulatory liability. 4) CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should obtain and review the current AUP before execution and confirm whether any specific use cases (automated outreach, AI-generated content, bulk email, SMS marketing) are addressed. The incorporation of an externally posted policy that can be updated without minimum notice warrants ongoing monitoring as part of vendor management. 5) COMPLIANCE CONSIDERATIONS: Marketing and compliance teams should establish a process for monitoring HubSpot AUP updates and evaluating their operational implications. Organizations running high-volume outreach campaigns through HubSpot should ensure their practices are compliant with both the current AUP and applicable email marketing regulations to avoid triggering the suspension provision.
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This provision establishes that the AUP is a binding component of the agreement and that HubSpot may modify it with no minimum notice period, unlike the 30-day notice required for core terms modifications. Violations of the AUP are cited elsewhere as a trigger for service suspension.
Under this clause, the Customer is bound by HubSpot's Acceptable Use Policy as it exists at any given time, including future updates that take effect upon posting. Because AUP violations can trigger service suspension under a separate provision, changes to the AUP may affect Customer eligibility to use specific features or engage in certain marketing or communication activities.
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