Legal Stuff

HubSpot Check Out Terms of Service

Last Updated: September 25, 2020

Hello,

Thank you for using HubSpot’s Checkout, part of the HubSpot Payments tool . By using the checkout Service you, the user (‘you”) are entering into a legal agreement with HubSpot, Inc. (“HubSpot” or “we”,”us”). The Terms of Use (“Terms”) for the HubSpot Checkout are as follows: 

1. General

The HubSpot Checkout service (“HubSpot Checkout”) is a service we provide to allow our customers (“HubSpot Customer”) to collect payments from individuals like you for their products and services. HubSpot Payments and HubSpot Checkout is powered by Stripe, Inc. (“Stripe”).

2. Our Role

The HubSpot Checkout is a way for you to pay HubSpot Customers for your purchase but it doesn’t change anything else about your relationship with the HubSpot Customer you’re paying or your bank or credit card company. You are ultimately responsible for the purchases you make using HubSpot Checkout. The HubSpot Customer is the one responsible for providing you the goods or services that you purchase using HubSpot Checkout, not us.

3.  Your Data When Using HubSpot Checkout

A. When using HubSpot Checkout, the HubSpot Customer may collect the following information from you:

i. Your Email address

ii. Your Shipping address

iii. Name on Credit Card

iv. Name for Shipping Address

v. Billing address

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

i.Credit card number
ii. CVC

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

C. If you pay by ACH, HubSpot and Stripe may collect and store the following information for record keeping and authorization purposes:

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 Customer in case you are subject to recurring charges or if you decide to purchase again from the same HubSpot Customer. The token allows the HubSpot Customer to use the information stored by Stripe to recall your payment information. We will not use this reference object for any other purpose except  as described herein. 

E. By using the HubSpot Checkout, you agree to the HubSpot Privacy Policy, which is incorporated into and forms part of these Terms.

4. 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.

5. 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.

6. 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 of Use 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.

7.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, MA

8.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 the 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 the HubSpot Checkout. You can access a copy of the current terms of these Terms here.

9.Assignment.

You may not assign these Terms of Use 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 of Use shall be binding upon and inure to the benefit of the parties hereto, their successors and permitted assigns.

10.Survival.

Upon termination of your use of the HubSpot Checkout or termination of these Terms of Use for any reason, in addition to this section, the following sections shall survive termination: Sections 5 through 9.

11.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 the HubSpot Checkout referenced herein, constitutes the entire agreement between you and us with respect to the use of the 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.