If HubSpot causes your business harm, the most you can recover is what you paid HubSpot in the prior twelve months, and you cannot recover lost profits, lost data value, or other indirect damages.
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
For businesses whose operations depend heavily on HubSpot, the actual financial impact of a serious service failure or data incident could far exceed twelve months of subscription fees, leaving significant losses unrecoverable under this agreement.
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 →Clause restructured to specify liability basis (contract, tort, or other theory), reframed as 'Mutual Limitation of Liability', added explicit carve-out that liability cap does not limit payment obligations, and modified damages exclusion language.
View full change record →Liability cap now applies equally to both parties rather than HubSpot alone, and explicitly includes 'amounts due from Customer' in addition to fees paid, broadening HubSpot's protection.
View full change record →The aggregate liability cap at twelve months of fees paid means that enterprise customers paying $10,000 per month could recover a maximum of $120,000 regardless of actual damages suffered, and cannot recover lost revenue or business opportunity costs.
How other platforms handle this
If you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to ActiveCampaign for certain costs and damages.
A party's liability for any Liability under these Terms will be reduced proportionately to the extent the relevant Liability was caused or contributed to by the actions (or inactions) of the other party...
The Netflix service and/or some of the Netflix content may not be available at any time as a result of events beyond our reasonable control...we will not be held liable should such events occur.
"IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM CUSTOMER IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE).Excerpt from HubSpot's Terms of Service
REGULATORY LANDSCAPE: Limitation of liability clauses in B2B SaaS agreements are broadly enforceable in the US under UCC and common law contract principles, though some states impose restrictions on liability limitations for gross negligence or …
Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.
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For businesses whose operations depend heavily on HubSpot, the actual financial impact of a serious service failure or data incident could far exceed twelve months of subscription fees, leaving significant losses unrecoverable under this agreement.
The aggregate liability cap at twelve months of fees paid means that enterprise customers paying $10,000 per month could recover a maximum of $120,000 regardless of actual damages suffered, and cannot recover lost revenue or business opportunity costs.
ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.
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