Provision record
HubSpot · HubSpot Terms of Service · View original document ↗

Limitation of Liability

High severity High confidence Explicit document language Common · 287 of 352 platforms
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Document Record

What it is

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

ConductAtlas Analysis

Why it matters (compliance & governance perspective)

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.

Recent Activity

This document changed recently

Medium Jul 2, 2026

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 Stability Stable

0
Changes
4
Months Monitored
Apr 18, 2026
First Seen
May 20, 2026
Last Seen
This clause type exists across 4261 other provisions on other platforms.

Change history

modified Jun 17, 2026

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 →
modified May 14, 2026

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 →

Consumer impact (what this means for users)

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

ActiveCampaign Medium

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.

Leonardo AI Medium

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...

Netflix Medium

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.

See all platforms with this clause type →
▸ View Original Clause Language DOCUMENT RECORD
"
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

ConductAtlas Analysis

Institutional analysis (regulatory & governance intelligence)

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 …

Insight

Unlock the full institutional analysis

Enforcement risk, jurisdiction flags, contract triggers, and due diligence action items.

Applicable agencies

  • Federal Trade Commission (ftc)
    Oversees unfair or deceptive business practices and can investigate companies that mislead consumers about data collection, sharing, or use.
    Who can file: Anyone affected by the company's practices (US or international)
    What you need: Your account details, a timeline of relevant events, and a description of the specific issue
    What to expect: Complaints inform FTC enforcement priorities and investigations but do not result in individual resolution or compensation
    File a complaint →

Applicable regulations

FTC Act Section 5
United States Federal

Provision details

Document information
Document
HubSpot Terms of Service
Entity
HubSpot
Document last updated
May 5, 2026
Tracking information
First tracked
May 9, 2026
Last verified
May 9, 2026
Record ID
CA-P-002965
Document ID
CA-D-00207
Evidence Provenance
Source URL
Wayback Machine
Content hash (SHA-256)
fe8ba7ca9a80e255f49bcc03fd3d4cf922c263ff1879581e19704a1350fb3524
Analysis generated
May 9, 2026 21:58 UTC
Methodology
Evidence
✓ Snapshot stored   ✓ Hash verified
Citation Record
Entity: HubSpot
Document: HubSpot Terms of Service
Record ID: CA-P-002965
Captured: 2026-05-09 21:58:44 UTC
SHA-256: fe8ba7ca9a80e255…
URL: https://conductatlas.com/platform/hubspot/hubspot-terms-of-service/provision/CA-P-002965/limitation-of-liability/
Accessed: Sept. 8, 2026
Permanent archival reference. Stable identifier suitable for legal filings, compliance documentation, and research citation.
Classification
Severity
High
Categories

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Frequently Asked Questions

What does HubSpot's Limitation of Liability clause do?

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.

How does this clause affect you?

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 many platforms have this type of clause?

ConductAtlas has identified this type of provision across 287 platforms. See the full comparison.

Is ConductAtlas affiliated with HubSpot?

No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by HubSpot.