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The agreement states that subscription fees paid are non-refundable and the payment obligation cannot be cancelled during the Current Term, with narrow exceptions for customer-initiated termination for cause or material service degradation.
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 that customers are financially committed for the full Current Term regardless of changes in usage or business need, with refunds available only in limited circumstances defined in the agreement such as material service degradation where HubSpot cannot provide substantially similar functionality.
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 →Under these terms, subscription fees paid in advance are not refundable mid-term, and customers cannot cancel their payment obligation before the Current Term ends except in circumstances specifically defined in the agreement. The agreement does permit a pro-rated refund of unused fees if the customer terminates for cause due to material service degradation that HubSpot cannot remedy.
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"All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term. Except as specifically provided for in this Agreement, you may not cancel your subscription prior to the end of your Current Term, and we will not provide any refunds of prepaid fees or unused Subscription Fees through the end of your Current Term.Excerpt from HubSpot's Terms of Service
1. REGULATORY LANDSCAPE: Non-refundable fee terms in SaaS agreements may engage state consumer protection statutes and, for EU customers, rights under applicable consumer contract regulations. The FTC Act's prohibition on unfair or deceptive practices is relevant if refund limitations are not clearly disclosed at the point of purchase. State Attorneys General have enforcement authority over consumer protection claims related to non-refund policies. 2. GOVERNANCE EXPOSURE: Medium. Business customers entering multi-year subscription terms should conduct thorough pre-purchase diligence given the non-cancelable payment obligation. The narrow refund exceptions (material service degradation, customer termination for cause, specific provisions in Product Specific Terms) should be reviewed against the customer's operational risk tolerance. 3. JURISDICTION FLAGS: EU and UK consumer protection frameworks may limit the enforceability of absolute non-refund clauses depending on whether the customer qualifies as a consumer or business under applicable law. B2B customers generally have fewer statutory refund protections, but specific EU member state laws may apply. California's consumer protection statutes may also be relevant for individual or small business customers. 4. CONTRACT AND VENDOR IMPLICATIONS: Procurement teams should note that this provision is stated as applying to all fees including those for Add-Ons and additional products activated during the term. Legal review should confirm that the scope of 'non-cancelable payment obligations' is consistent with internal contract approval policies, particularly for multi-year or high-value subscriptions. 5. COMPLIANCE CONSIDERATIONS: Organizations should ensure that internal stakeholders understand the financial commitment structure before executing Order Forms. The provision allowing pro-rated refunds upon customer termination for cause due to material service degradation should be documented in internal vendor management procedures as the available contractual remedy in the event of sustained service failure.
This provision establishes that customers are financially committed for the full Current Term regardless of changes in usage or business need, with refunds available only in limited circumstances defined in the agreement such as material service degradation where HubSpot cannot provide substantially similar functionality.
Under these terms, subscription fees paid in advance are not refundable mid-term, and customers cannot cancel their payment obligation before the Current Term ends except in circumstances specifically defined in the agreement. The agreement does permit a pro-rated refund of unused fees if the customer terminates for cause due to material service degradation that HubSpot cannot remedy.
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