Risk Score
0 = very fair · 100 = very risky
Summary
This is HubSpot's Customer Terms of Service governing use of their B2B SaaS platform. The document is moderately balanced for a commercial SaaS contract, containing standard enterprise software terms. It includes some user-protective provisions such as fee stability during the current term and a 30-day fee increase notice before renewal, but also contains typical SaaS restrictions including no mid-term cancellation with refunds, automatic renewal, and broad modification rights. The document is primarily designed for businesses rather than consumers, and is generally in line with industry norms for enterprise software agreements.
Flagged Clauses
“Unless otherwise specified in your Order, your subscription will automatically renew for the shorter of the same duration as your prior term or one year.”
Your subscription renews automatically at the end of every term. You must manually turn off auto-renewal in your account settings before the term ends or you will be charged for another period.
“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.”
Once you have signed up and paid, you are locked in for the entire subscription term. If you want to stop using the service early, you still owe all fees and will not receive a refund for unused time.
“You must turn off the auto-renewal setting in the Account & Billing section of your HubSpot account prior to the end of your Current Term. If you do not turn off the auto-renewal setting, your Subscription will renew automatically.”
To avoid being charged for another term, you must actively go into your account and disable auto-renewal before your current term ends. Simply not using the service is not enough to stop renewal.
“All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement.”
Payments are generally non-refundable. The only exceptions are those specifically carved out elsewhere in the agreement, which are limited.
“We reserve the right, and you authorize us, to retry billing your Authorized Payment Method. We may also receive updates on your Authorized Payment Method through our payment service providers and automatically resume billing.”
HubSpot can retry failed charges and may automatically obtain updated card details from payment networks and resume charging without you manually re-entering payment information.
“We may set off and deduct any amounts you owe us from any amounts we may owe you, including but not limited to refunds, credits, or other payments.”
If you owe HubSpot money, they can deduct it from any refunds or credits they owe you before paying you anything.
“We may modify the Subscription Service during the Subscription Term, including by adding or removing features, functions, Limits, or Add-Ons that apply to your subscription.”
HubSpot can change the product, add or remove features, and adjust usage limits during your subscription. If changes materially degrade functionality, your only remedy is to terminate and receive a pro-rated refund.
“We update these terms from time to time. If you have an active HubSpot subscription, we will let you know when we update the terms via in-app notification or by email.”
HubSpot can update its terms at any time. Notice is given by in-app notification or email, but continued use of the service implies acceptance of the new terms.
“We may suspend your access in accordance with the 'Suspension' section or terminate your account in accordance with the 'Termination for Cause' section if we remain unable to successfully charge a valid Authorized Payment Method.”
If a payment fails and cannot be resolved, HubSpot can suspend or terminate your account and access to all your data stored in the service.
“You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.”
Your payment information is shared with third-party payment processors. This is standard practice for online payments.
“Customer Data means all information that you submit or collect via the Subscription Service. Customer Data does not include HubSpot Content. Subject to the foregoing exclusions, Customer Data will be considered Confidential Information under this Agreement.”
Data you put into HubSpot is defined as yours and treated as confidential. HubSpot distinguishes between your data and its own content, which is a user-protective structure.
“Modifications to Free Services [are excluded from the non-material degradation protection]. Modifications to any Beta Services [are also excluded].”
If you use free or beta features, HubSpot can change or remove them at any time without any obligation to maintain functionality or provide a remedy.
“Upon renewal, we may increase your Subscription Fees up to our then-current list price set out in our Product and Services Catalog. If this increase applies to you, we will notify you at least thirty (30) days in advance of your renewal.”
At renewal, HubSpot can raise your prices to their current list price, which could be a significant increase. You receive at least 30 days' notice, giving you the option to cancel before the higher price kicks in.
“Unless you purchase a subscription to the applicable Subscription Service before the end of the free trial, all of your data in the Subscription Service may be permanently deleted at the end of the trial, and we will not recover it.”
If your free trial ends without converting to a paid subscription, your data may be permanently deleted with no recovery option.
“If you have legacy Subscription Services, we may choose to move you to our then-current products at any time.”
HubSpot can migrate legacy customers to newer product versions at their discretion, which could change features, limits, or pricing structures.
“You are not permitted to downgrade your Subscription Service during your Current Term. You may downgrade your Subscription Services at your next renewal date upon completion of a new Order Form.”
You cannot reduce your subscription tier or features mid-term. You must wait until the end of your current subscription period to downgrade.
Missing Protections
- Arbitration clause and class action waiver details are not visible in the provided text — it is unclear whether mandatory arbitration applies
- No explicit data deletion/portability rights upon account termination are described in the provided excerpt
- No explicit SLA remedies or uptime credits are described in the provided excerpt (referenced as being in Product Specific Terms)
- No explicit notice period for account termination affecting access to customer data
- No explicit grace period or data export window before data deletion after account termination or trial expiration
- Refund policy specifics are largely absent beyond the general non-refundable statement
- No explicit prohibition on selling customer data to third parties in this excerpt (DPA may cover this)
- Consumer-specific protections (cooling-off periods, etc.) are not mentioned, though this appears aimed at businesses
Fair Terms
- Subscription Fees are locked and will not increase during the Current Term (Section 3.1), providing price stability
- At least 30 days' advance notice is required before any fee increase takes effect at renewal (Section 3.2)
- Customer Data is explicitly treated as Confidential Information, providing a contractual protection layer (Section 1 / Section 7)
- If HubSpot materially degrades service functionality and cannot provide substantially similar functionality, a pro-rated refund of unused fees is available (Section 2.6)
- Archived versions of terms are maintained and publicly accessible, allowing comparison of changes over time
- Material breach gives the non-breaching party a 30-day cure period before termination, rather than immediate termination (Section 4.3)
- The document is structured to be readable with plain-language 'HubSpot Terms Tip' callouts to assist understanding
- Withholding tax deductions are explicitly accommodated for international customers (Section 3.7)
Document information only — not legal advice.