If something goes wrong — like a data breach or service outage — HubSpot's maximum financial responsibility to your business is limited to the subscription fees you paid in the past 12 months, regardless of the actual damage caused.
This provision caps HubSpot's financial liability at 12 months of fees paid, meaning business customers bear the majority of financial risk from service failures, data breaches, or other significant incidents that exceed subscription costs.
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Compare across platforms →This cap means that in high-value enterprise deployments or serious data loss incidents, your business may only recover a fraction of actual losses from HubSpot.
(1) REGULATORY FRAMEWORK: Limitation of liability clauses in B2B SaaS contracts are generally permissible under UCC Article 2 and common law contract principles in the US. However, in EU jurisdictions, limitations that effectively exclude liability for gross negligence or intentional misconduct may be unenforceable under GDPR Art. 82 (which preserves data subjects' rights to compensation) and local consumer protection laws. The clause must be read alongside GDPR Art. 28 DPA obligations, where liability between controller and processor is separately regulated. Enforcement authority: state courts (Massachusetts for US disputes), Irish courts (EU disputes), FTC for unfair practices. (2)
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