The agreement authorizes HubSpot to collect outstanding fees from any payment method on file, reserves or funds held by HubSpot or its payment processors, and to set off amounts owed by the customer against refunds, credits, or other payments HubSpot may owe the customer.
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 authorizes HubSpot to apply setoff against funds or credits it holds on behalf of the customer, including HubSpot Payments reserves, without requiring a separate demand or legal process; compliance teams at organizations using HubSpot Payments should evaluate how this interacts with their cash flow and payment processing operations.
Interpretive note: The interaction between this setoff provision and applicable state commercial law and payment network rules may limit enforceability in specific contexts, particularly where HubSpot Payments merchant reserves are involved.
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 →Under this clause, HubSpot may deduct amounts the customer owes from any refunds, credits, or reserves held on the customer's behalf, including funds held through HubSpot's payment processing services. The agreement states these collection rights are in addition to any other remedies available to HubSpot.
Cross-platform context
See how other platforms handle Collection and Setoff Rights and similar clauses.
Compare across platforms →"You authorize us to collect any outstanding fees owed by you under this Agreement, including from: (i) your Authorized Payment Method on file; (ii) any reserves, deposits, or funds held by us or our payment processors on your behalf (e.g., HubSpot payments reserves); and (iii) any other payment methods or accounts you have provided to us. Additionally, we may set off and deduct any amounts you owe us from any amounts we may owe you, including but not limited to refunds, credits, or other payments. These rights are in addition to any other rights and remedies available.Excerpt from HubSpot's Terms of Service
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This provision authorizes HubSpot to apply setoff against funds or credits it holds on behalf of the customer, including HubSpot Payments reserves, without requiring a separate demand or legal process; compliance teams at organizations using HubSpot Payments should evaluate how this interacts with their cash flow and payment processing operations.
Under this clause, HubSpot may deduct amounts the customer owes from any refunds, credits, or reserves held on the customer's behalf, including funds held through HubSpot's payment processing services. The agreement states these collection rights are in addition to any other remedies available to HubSpot.
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