Legal Stuff

From time to time, we may test  HubSpot Developer Tools (as defined in our Developer Terms), and make them available to you under these Beta Testing Terms (each, the "Beta Developer Tool"). You agree that these Beta Testing Terms are separate and independent agreements for each such Developer Beta you participate in.

Your Participation 

As the Beta Developer Tool is still in a testing phase, it is likely to contain errors. In addition to the disclaimers in the Online Terms, you agree that the Beta Developer Tools is provided "AS IS" and "AS AVAILABLE." You understand and agree that we may change, withdraw, terminate your access to, testing of and/or use of, or discontinue the Beta Developer Tool (or any portion thereof) at any time and in our sole discretion. During the term of these Beta Testing Terms, you will use commercially reasonable efforts to provide suggestions, comments or ideas and report issues or problems related to your use of the Beta Develop Tools (collectively, "feedback") to us in a timely basis or as otherwise agreed between the parties in writing (email will suffice). You agree not to disclose feedback to any third party and hereby assign to us all right, title and interest in and to any feedback, without any right to compensation or other obligation from us.

 

Confidential Information" means any and all information disclosed by us to you, or accessed or provided by you, relating to the Beta Developer Tool, including your use thereof, the relationship contemplated herein, feedback, and the Developer Terms (defined below), except to the extent made public by us. You agree that you: (a) Beta Developer Tool hereunder; (b) will maintain Confidential Information in strict confidence and will use the same degree of care to protect it as you use to protect your own confidential information, but in no circumstances less than commercially reasonable care; and (c) will not disclose the Confidential Information to any person or entity other than those who need access to such Confidential Information to effect the intent of these Beta Testing Terms and who are bound by written confidentiality obligations at least as protective as those set forth in this section; provided, however, that you will remain responsible for each such person's or entity's compliance with and breach of the confidentiality terms herein. You will not make any public announcements related to the Beta Developer Tool without our prior written approval, which we may grant or withhold in our sole discretion. This confidentiality provision supersedes any prior agreements between the parties solely with respect to Confidential Information hereunder.

Our Developer Terms and Developer Policy also apply to your use of the Beta Developer Tools. By continuing to access, test or use any Beta Developer Tool, you are subject to the Developer Terms and Policy and,  you agree to be bound by them.

With respect to each Beta Developer Tool, the term of these Beta Beta Testing Terms will begin on the Effective Date and will continue until the end of the testing of such Beta Developer Tool, which occurs on the earlier of (i) the date specified by us in our sole discretion or otherwise agreed to between the parties in writing (unless earlier terminated) (after which you will cease use of such Beta Developer Tool), or (ii) the date we (in our sole discretion) make such Beta Developer Tool generally publicly available (after which any permitted use is subject to our Online Terms and not these Beta Testing Terms). These Beta Testing Terms as applied to each Beta Developer Tool may be terminated by: (a) us with cause immediately upon written notice to the other party; or (b) by either party without cause upon thirty (30) days' prior written notice to the other party. Sections 2, 3, 6 and 7 of these Beta Testing Terms will survive any termination or expiration of these Beta Testing Terms.

You agree that your use of the Beta Developer Tool is subject to our Developer Terms and Policy, (as applicable), and all of our other applicable supplemental terms (collectively, the "Online Terms"), including our Terms of Service. These Beta Testing Terms are supplemental terms under our Developer Terms and Terms of Service(as applicable). For clarity, to the extent these Beta Testing Terms conflict with the Developer Terms or Terms of Service, the Beta Testing Terms will govern with respect to your use of the Beta Developer Tool to the extent of the conflict. As between the parties, we retain exclusive ownership of the Beta Developer Tool. Notwithstanding the foregoing, the HubSpot Terms of Service and Developer Terms (unmodified by these Beta Testing Terms) continue to apply to your use of any HubSpot Products and Developer Tools other than the Beta Developer Tool even if use thereof is in connection with the Beta Developer Tool. Terms used but not defined herein have the meaning given in the Developer Terms. The term "including" means including without limitation. Notwithstanding (and in further limitation of) the liability cap in the Developer Terms, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO ANY ACCESS TO, TESTING OF OR USE OF THE Beta Developer Tool OR THESE Beta Testing Terms SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) and IN NO EVENT WILL WE  BE LIABLE, UNDER ANY CIRCUMSTANCES ,FOR SPECIAL, INDIRECT, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSSES, INCLUDING LOST PROFITS, LOSS OF BUSINESS OPPORTUNITY OR OTHER SIMILAR DAMAGES RESULTING FROM OR ARISING OUT OF THIS AGREEMENT, BY STATUTE, IN TORT OR CONTRACT, UNDER ANY INDEMNITY PROVISION OR OTHERWISE. We may make changes to the Beta Testing Terms at any time with or without notice (however we will use our best efforts to notify of you any new changes) to you and by continuing to access or use the Beta Developer Tool after any update to these Beta Testing Terms, you agree to be bound by them.