“the aggregate liability of a party and its Affiliates will be limited to a sum equal to the total amounts paid or payable for the Subscription Service in the twelve month period preceding the event giving rise to a claim...”
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 cap sets an absolute ceiling on recoverable damages, meaning losses exceeding twelve months of fees cannot be recovered regardless of how severe the harm is.
The updated terms establish that AI capabilities are foundational to HubSpot's platform and that Customer Data may be used to train AI models, subject to HubSpot's obligations under the agreement. Previously, the terms referenced machine learning data use; the revised language now explicitly frames this as AI model training. You can opt out of having your Customer Data used to train AI models by updating your settings in your HubSpot account, though opting out does not prevent you from using HubSpot AI features.
View change record →If you suffer harm caused by HubSpot, your maximum recovery is limited to what you paid or owed for the service in the twelve months before the incident.
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"the aggregate liability of a party and its Affiliates will be limited to a sum equal to the total amounts paid or payable for the Subscription Service in the twelve month period preceding the event giving rise to a claim...Excerpt from HubSpot's Terms of Service
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This cap sets an absolute ceiling on recoverable damages, meaning losses exceeding twelve months of fees cannot be recovered regardless of how severe the harm is.
If you suffer harm caused by HubSpot, your maximum recovery is limited to what you paid or owed for the service in the twelve months before the incident.
ConductAtlas has identified this type of provision across 281 platforms. See the full comparison.
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