HubSpot can change the terms of this agreement by providing notice, and continuing to use HubSpot's software after receiving that notice counts as agreeing to the new terms.
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
Business customers may find that materially different terms apply to their existing subscription without requiring any affirmative action on their part beyond simply continuing to use the service.
Interpretive note: The definition of 'material changes' and adequacy of notice required before modification becomes effective are not precisely defined, creating interpretive uncertainty about when customers are truly on notice of binding changes.
Renamed to 'Terms Modification with 30-Day Notice', added explicit 30-day advance notice requirement before changes become effective, added specification that changes are not retroactive, and removed the automatic consent-by-continued-use provision.
View full change record →This provision means that HubSpot can alter the legal terms governing your subscription, including pricing, data handling, and service scope, and your continued use of the platform after notification will be treated as acceptance of those changes.
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"HubSpot reserves the right to modify the terms of this Agreement and will provide Customer with notice of material changes. Customer's continued use of the Service following notice of such modifications shall constitute Customer's consent to such modifications.— Excerpt from HubSpot's HubSpot Terms of Service
REGULATORY LANDSCAPE: Unilateral modification clauses in B2B contracts are broadly recognized in US commercial law but face greater scrutiny in EU jurisdictions under unfair contract terms directives. The EU Unfair Contract Terms Directive and its national implementations may limit the enforceability of unilateral modification clauses in consumer and some business contracts. The FTC Act's prohibition on unfair or deceptive practices may also be relevant if modifications are made without adequate notice or in a manner that disadvantages customers. GOVERNANCE EXPOSURE: Medium. For enterprise customers with multi-year operational dependencies on HubSpot, unilateral modification rights create contract management obligations including monitoring for change notices and assessing the impact of modifications on existing compliance programs, data processing arrangements, and internal policies. The adequacy of 'notice' for material changes is not precisely defined in the provision, which creates interpretive uncertainty. JURISDICTION FLAGS: EU and UK customers should assess whether this clause is enforceable under local mandatory law, particularly for modifications that affect data processing terms, as GDPR requires specific legal bases for processing that cannot be unilaterally changed by a processor. California customers should monitor for modifications affecting CCPA service provider terms. CONTRACT AND VENDOR IMPLICATIONS: Procurement and legal teams should establish a systematic process for monitoring HubSpot's terms of service and DPA for updates, documenting when change notices are received, and assessing whether modifications trigger contract review, renegotiation rights, or termination rights under the master services agreement. Enterprise agreements may include negotiated notice periods or approval rights for material changes that override this standard clause. COMPLIANCE CONSIDERATIONS: Compliance teams should subscribe to HubSpot's legal update notifications, maintain a change log of agreement versions applicable to the account, and establish internal review triggers for any modification affecting data processing, liability, or acceptable use terms. Legal teams should assess whether enterprise agreements contain more favorable modification notice provisions than the standard terms.
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Business customers may find that materially different terms apply to their existing subscription without requiring any affirmative action on their part beyond simply continuing to use the service.
This provision means that HubSpot can alter the legal terms governing your subscription, including pricing, data handling, and service scope, and your continued use of the platform after notification will be treated as acceptance of those changes.
ConductAtlas has identified this type of provision across 21 platforms. See the full comparison.
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