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The agreement states that subscription fees committed under an Order Form are non-refundable and non-cancellable for the duration of the subscription term, and that the Customer bears responsibility for applicable taxes.
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 requires business customers to fulfill the full financial obligation of a contracted subscription term regardless of whether they continue using the services, creating a committed payment exposure that procurement teams should account for during contract review.
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 →This new provision establishes that subscription fees are non-refundable and non-cancellable during the subscription term, creating stronger payment obligations and reducing customer exit flexibility.
View full change record →Under this clause, business customers who sign an Order Form are obligated to pay subscription fees through the end of the contracted term. The agreement states that fees already paid are non-refundable and that the subscription commitment cannot be cancelled mid-term.
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"Except as expressly set forth in this Agreement, all fees and other amounts paid or due hereunder are non-refundable. Subscription fees are non-cancellable for the subscription term stated in an Order Form. Customer is responsible for all taxes associated with its purchases.Excerpt from HubSpot's Terms of Service
1) REGULATORY LANDSCAPE: This provision primarily engages contract law and consumer protection regulations applicable in the governing jurisdiction. For EU customers, the agreement designates Irish law; for US customers, Massachusetts law applies. State-level auto-renewal and cancellation statutes in jurisdictions such as California may interact with this provision depending on whether the customer qualifies as a consumer under those statutes, though HubSpot's terms are directed at business customers. The FTC Act's unfair or deceptive practices standards may be relevant if cancellation terms are not clearly disclosed at point of sale. 2) GOVERNANCE EXPOSURE: Medium. The non-cancellable fee structure creates financial exposure proportional to the subscription value and term length. Customers who sign multi-year Order Forms without adequate review of this clause may face substantial payment obligations if business needs change. This is a standard B2B software contracting term but warrants specific disclosure review during procurement. 3) JURISDICTION FLAGS: California's Automatic Renewal Law and similar statutes in other US states may create notification requirements for auto-renewing subscriptions, though applicability depends on whether the customer is classified as a consumer or business under those statutes. EU customers should confirm whether any mandatory withdrawal or cooling-off rights apply under their local law, noting that B2B contracts typically fall outside consumer protection withdrawal rights. 4) CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should confirm the exact subscription term, renewal mechanics, and any early termination provisions in the Order Form before execution. The agreement's statement that fees are non-cancellable is a standard but material term that should be flagged in vendor contract reviews and budgetary approvals. Indemnification and liability provisions should be reviewed in conjunction with this clause to assess total financial exposure. 5) COMPLIANCE CONSIDERATIONS: Legal teams should ensure that internal procurement workflows require explicit approval for multi-year subscription commitments and that budget owners are informed of the non-cancellable nature of fees before Order Form execution. Organizations should also confirm whether any applicable procurement regulations or internal financial controls require board or committee approval for long-term software commitments.
Regulatory citations, enforcement risk, and due diligence action items.
Provision-level monitoring, governance timelines, and regulatory mapping built from archived source documents and historical version tracking.
This provision requires business customers to fulfill the full financial obligation of a contracted subscription term regardless of whether they continue using the services, creating a committed payment exposure that procurement teams should account for during contract review.
Under this clause, business customers who sign an Order Form are obligated to pay subscription fees through the end of the contracted term. The agreement states that fees already paid are non-refundable and that the subscription commitment cannot be cancelled mid-term.
ConductAtlas has identified this type of provision across 235 platforms. See the full comparison.
No. ConductAtlas is an independent monitoring service. We are not affiliated with, endorsed by, or sponsored by HubSpot.