Legal Stuff

HubSpot Checkout Terms of Service

Last Updated: March 5, 2024

Hello,

Thank you for using HubSpot’s checkout service, a Commerce Hub tool that allows our customers (“HubSpot Merchant”) to collect payments from buyers for their products and services (“HubSpot Checkout”). By using HubSpot Checkout,  you (“you” or "your") are entering into a legal agreement with HubSpot, Inc. ("HubSpot", "we", "us" or “our”) and our subsidiaries and affiliates, and you agree to be bound by these terms (“Terms”). By using HubSpot Checkout, you agree to the HubSpot Privacy Policy, which is incorporated into and forms part of these Terms.

The Terms for HubSpot Checkout are as follows:

1. General

HubSpot Checkout is a technology service that makes it easier for HubSpot Merchants to collect payments from individuals like you. HubSpot Checkout allows you to input your payment credentials so that you are able to complete your payment to the HubSpot Merchant easily and securely. 

While HubSpot Checkout is supported by us, we partner with “Payment Processor”, a separate entity not affiliated with HubSpot, to provide its own technical services and processing of payments between you and HubSpot Merchants. The current Payment Processor for Commerce Hub is Stripe, Inc. ("Stripe").

2. Our Role

HubSpot Checkout is a stand-alone service to you, meaning our role is limited to providing the technology for HubSpot Checkout to you.  By using HubSpot Checkout and agreeing to these Terms, you are not  changing anything else about your relationship with the HubSpot Merchant, your bank or your credit card company. You are ultimately responsible for the purchases you make using HubSpot Checkout, as well as the information you provide using HubSpot Checkout. The HubSpot Merchant is the one responsible for providing you the goods or services that you purchase using HubSpot Checkout, not us. The engagement between you and the HubSpot Merchant, as well as any use of your data by the HubSpot Merchant, is subject to the HubSpot Merchant’s terms and privacy policy. 

3. Using HubSpot Checkout

By adding a debit card, a credit card, or a bank account when using HubSpot Checkout, you are authorizing us and Payment Processor, on behalf of the HubSpot Merchant, to charge you for this payment and any future payments when using HubSpot Checkout. This may include recurring payments to the HubSpot Merchant when you subscribed for a certain subscription which requires subscription fees, including ‘free trials’ of any kind and any failed payments previously authorized by you. You understand that you must contact the HubSpot Merchant to revoke authorization for any payments made using HubSpot Checkout, including any recurring or future payments authorized. 

We may, at our discretion, impose limits on the amount of payments you can initiate through HubSpot Checkout.

4. Refunds and Chargebacks

When using HubSpot Checkout, you are purchasing from the HubSpot Merchant. Therefore, any refunds or cancellations (including for upcoming, recurring, or other future payments) will be subject to the HubSpot Merchant’s cancellation policy, refund policy, and terms.

You also understand that HubSpot Merchant is solely responsible for any chargebacks and fees. 

5.  Your Data When Using HubSpot Checkout

A. When using HubSpot Checkout, the HubSpot Merchant may receive and collect the information from you, subject to the HubSpot Privacy Policy. This includes (but is not limited to):

i. Your email address

ii. Your shipping address

iii. Name on credit card

iv. Name for shipping address

v. Billing address

vi. Authorization details regarding your payment

B. If you are paying by debit or credit card, HubSpot Checkout sends the following information to be stored and processed by Payment Processor. HubSpot does not have access to or store this information:: 

i. Card number
ii. CVC

HubSpot Checkout will also send the billing ZIP Code you provide to Payment Processor. 

C. If you pay by direct debit to your bank account, HubSpot and Payment Processor may collect and store certain information for record keeping, compliance, and authorization purposes. This includes (but is not limited to):

i. Date and time of transaction

ii. Tokenized debiting account information

iii. Item(s) or service(s) purchased

iv. Your IP address

v. Frequency of the transaction (e.g. If it is a recurring payment)

vi. Name on account and shipping information

vii. Prior transaction history

viii. Billing ZIP Code

D. HubSpot Checkout will create a token for use by the HubSpot Merchant in case you are subject to recurring payments, future payments, or if you decide to purchase again from the same HubSpot Merchant . The token allows the HubSpot Merchant to use the information stored by Payment Processor to recall your payment information. We will not use this reference object for any other purpose except as described herein. 

6. Warranties

By using HubSpot Checkout, you represent and warrant that you are at least 18 years of age and that you will not use HubSpot Checkout for any fraudulent, unlawful, or abusive purpose.

7. Disclaimers

HubSpot Checkout, including all content, software, functions, materials, and information made available on, provided in connection with or accessible through HubSpot Checkout, are provided “as is.” To the fullest extent permissible by law, HubSpot, our affiliates, and our  agents, merchants or independent contractors, make no representation or warranty of any kind whatsoever for the services or the content, materials, information and functions made accessible by HubSpot Checkout, or for any breach of HubSpot Checkout. HubSpot and our affiliates disclaim without limitation, any warranty of any kind with respect to the services, noninfringement, merchantability, or fitness for a particular purpose. HubSpot and our affiliates do not warrant that the functions contained in the services will be uninterrupted or error-free. HubSpot and its affiliates shall not be responsible for any service interruptions, including, but not limited to, system failures or other interruptions that may affect the receipt, processing, acceptance, completion or settlement of payment transactions. We are not responsible for the accuracy of any payment instrument or offer.

8. Limitations of Liability; Force Majeure
In no event shall we be responsible or liable to you or any third party under any circumstances for any indirect, consequential, special, punitive or exemplary, damages or losses, including but not limited to damages for loss of profits, goodwill, use, data, or other intangible losses which may be incurred in connection with us or the services, or any goods, services, or information purchased, received, sold, or paid for by way of the services, regardless of the type of claim or the nature of the cause of action, even if the we have been advised of the possibility of such damage or loss. In no event shall our total cumulative liability arising from or relating to these Terms exceed $10 US dollars. Each of us acknowledges that the other party has entered into these Terms relying on the limitations of liability stated herein and that those limitations are an essential basis of the bargain between the parties. 

In addition to and without limiting any of the foregoing, we shall not have any liability for any failure or delay resulting from any condition beyond the reasonable control of such party, including but not limited to governmental action or acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures and failures of the internet or other services.

9. Governing Law

These Terms of Use will be governed by the laws of the Commonwealth of Massachusetts. Each party agrees to submit to personal and exclusive jurisdiction of the courts located in Boston, Massachusetts.

10. Modification of Terms of Use; Notices

We have the right to change or add to these Terms at any time, solely with prospective effect, and to change, delete, discontinue, or impose conditions on use of HubSpot Checkout by posting such changes on our website or any other website we maintain or own. In the event that you do not agree with any such modification, your sole and exclusive remedy is to terminate your use of HubSpot Checkout. You can access a copy of the Terms at https://legal.hubspot.com/checkout-termsofuse. 

11. Assignment

You may not assign these Terms or any rights or obligations hereunder, by operation of law or otherwise, without our prior written approval and any such attempted assignment shall be void. We reserve the right to freely assign these Terms and the rights and obligations hereunder, to any third party without notice or consent. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

12. Survival

Upon termination of your use of HubSpot Checkout or termination of these Terms for any reason, in addition to this section, the following sections shall survive termination: Sections 7 through 11.

13. Miscellaneous

Our failure to exercise or enforce any right or provision of the Terms will not be considered a waiver of that right or provision. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect and remain enforceable between the parties. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. These Terms, including our policies governing HubSpot Checkout referenced herein, constitutes the entire agreement between you and us with respect to the use of HubSpot Checkout. These Terms are not intended and shall not be construed to create any rights or remedies in any parties other than you and us , and no other person will have the ability to assert any rights as a third party beneficiary under these Terms.