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HubSpot Beta Services Terms
Last modified: February 4, 2025
Thank you for participating in the HubSpot Beta Services. These HubSpot Beta Services Terms (“Beta Terms”) apply to and govern your participation in any or all of our public or private Beta Services. The Beta Terms form part of the HubSpot Customer Terms of Service and are hereby incorporated therein.
Some terms used in these Beta Terms are defined in the HubSpot Customer Terms of Service.
1. ELIGIBILITY AND PARTICIPATION
1.1 Acceptable Use. You agree to use the Beta Services in accordance with the HubSpot Customer Terms of Service and all other applicable terms and policies.
1.2 As Is. You understand and acknowledge that the Beta Services are being provided on an “As Is” or “As Available” basis. The Beta Services may contain bugs, errors, and other problems. YOU ASSUME ALL RISKS AND ALL COSTS ASSOCIATED WITH YOUR USE OF THE BETA SERVICES, INCLUDING, WITHOUT LIMITATION, ANY INTERNET ACCESS FEES, BACK-UP EXPENSES, COSTS INCURRED FOR THE USE OF YOUR DEVICE AND PERIPHERALS, AND ANY DAMAGE TO ANY EQUIPMENT, SOFTWARE, INFORMATION OR DATA. In addition, we are not obligated to provide any maintenance, technical, or other support for the Beta Services.
1.3 Beta Service Fees. We reserve the right to offer Beta Services to you for free or to charge you fees to access and use the Beta Services.
2. DEVELOPERS
If you are a developer, the HubSpot Developer Terms and HubSpot Developer Policy will also apply to your use of Beta Services.
3. INTELLECTUAL PROPERTY
3.1 Beta Services Ownership. As detailed in the 'Ownership' section of the General Terms, we own all intellectual property rights for the Beta Services and everything related to them, including copyrights, patents, trade secrets, and trademarks.
3.2 Beta Services Feedback. We encourage all customers to comment on the Subscription Services, including the Beta Services, as detailed in the 'Suggestions' provision of the General Terms.
3.3 Beta Services Monitoring. We may monitor how you use the Beta Services, and we may use that information to improve the Beta Services or our other products and services.
4. MODIFICATION AND TERMINATION
4.1 Beta Services Modification. We reserve the right to modify the Beta Services, at any time in our sole discretion, with or without notice, and without liability to you. You understand and agree that if you use the Beta Services after the date on which the Beta Terms have changed, we will treat your continued use as acceptance of the updated terms.
4.2 Termination. These Beta Terms will apply to Beta Services until the general release (General Availability or "GA") of the Beta Service to the public, or its discontinuation. We may terminate, suspend, deny access to or limit your use of the Beta Services at any time in our sole discretion, with or without cause, with or without notice, and without liability to you.
5. DISCLAIMER OF WARRANTIES
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE BETA SERVICES ARE PROVIDED BY US ON AN “AS IS” BASIS AND AS AVAILABLE, AND YOUR ACCESS TO, PARTICIPATION AND/OR USE OF BETA SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY OR ERROR-FREE. WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF ANY OF THE SERVICES IS DONE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM AND/OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE BETA SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
6. LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, AND/OR INCIDENTAL LOSS, EXEMPLARY OF OTHER DAMAGES RELATED TO THE BETA SERVICES WHETHER DIRECT OR INDIRECT, INCLUDING (i) LOSS OF DATA, (ii) LOSS OF INCOME, (iii) LOSS OF OPPORTUNITY, (iv) LOST PROFITS, AND (v) COSTS OF RECOVERY OR ANY OTHER DAMAGES, HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, OUR MAXIMUM LIABILITY HEREUNDER IS LIMITED TO $100.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
You agree to hold harmless and indemnify us, our affiliates and subsidiaries, officers, directors, agents, and employees from and against any third party claim arising from or in any way related to (i) your breach of these Beta Terms, (ii) your use of the Beta Services, or (iii) your violation of applicable laws, rules or regulations in connection with the Beta Services.
7. CONFIDENTIAL INFORMATION
You acknowledge and agree that: (i) the Beta Services and related information constitute HubSpot Confidential Information as defined in the HubSpot Customer Terms of Service and requires you to keep such details strictly confidential, and (ii) the unauthorized release of the HubSpot Confidential Information disclosed in connection with the Beta Services would damage our competitive and intellectual property interests.
8. GENERAL
8.1 Conflict. In the event of a conflict between other provisions within the HubSpot Customer Terms of Service and these Beta Terms, the Beta Terms will take precedence as it relates to your use of the Beta Services.