The agreement specifies that Massachusetts law governs for US, Canadian, and most other customers, while Irish law governs for EU, EEA, UK, and Swiss customers. Both parties consent to the exclusive jurisdiction of courts in the applicable governing jurisdiction.
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 the forum and applicable law for dispute resolution, requiring EU/EEA/UK/Swiss customers to litigate in Ireland and US/Canadian customers in Massachusetts, which may create procedural and cost barriers for customers located in other jurisdictions.
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 →Removal of special carve-out for EU/UK customers governed by Irish law and Dublin courts; all disputes now governed by Massachusetts law and Cambridge courts exclusively.
View full change record →Under this clause, disputes arising from this agreement must be resolved in Massachusetts courts (for most non-EU customers) or Irish courts (for EU, EEA, UK, and Swiss customers), applying the law of those jurisdictions. Business customers located outside these jurisdictions should account for the cost and procedural implications of litigating disputes in a foreign forum.
How other platforms handle this
In the EU and EEA, the choice of Texas governing law shall not apply only where a mandatory consumer protection law explicitly prohibits such choice of law provisions.
For any claims that are not subject to arbitration...U.S. Residents: Delaware law; venue exclusively in the state or federal courts in New Castle County, Delaware
If you reside in the EEA, you can also raise the dispute with an alternative dispute resolution body via the European Commission's Online Dispute Resolution (ODR) Platform...
"If Customer is located in the United States, Canada, or any other jurisdiction not listed below, then this Agreement will be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, without giving effect to any principles of conflicts of law. If Customer is located in the European Union, European Economic Area, the United Kingdom, or Switzerland, then this Agreement will be governed by the laws of Ireland. The parties consent to the exclusive jurisdiction of the competent courts in the above jurisdictions.Excerpt from HubSpot's Terms of Service
1) REGULATORY LANDSCAPE: The governing law clause does not displace mandatory consumer or data protection law applicable in the Customer's home jurisdiction.
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This provision establishes the forum and applicable law for dispute resolution, requiring EU/EEA/UK/Swiss customers to litigate in Ireland and US/Canadian customers in Massachusetts, which may create procedural and cost barriers for customers located in other jurisdictions.
Under this clause, disputes arising from this agreement must be resolved in Massachusetts courts (for most non-EU customers) or Irish courts (for EU, EEA, UK, and Swiss customers), applying the law of those jurisdictions. Business customers located outside these jurisdictions should account for the cost and procedural implications of litigating disputes in a foreign forum.
ConductAtlas has identified this type of provision across 267 platforms. See the full comparison.
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