Legal Stuff

PLEASE READ THESE TERMS CAREFULLY.

HubSpot is committed to innovation and exploring new technologies to better serve our customers. We are thrilled to offer you an opportunity to be part of our Early Adopter Program, where you can get early access to new feature concepts and help shape their development. 

These HubSpot Early Adopter Terms (“Early Adopter Terms”) are incorporated into your Agreement with HubSpot when you indicate your agreement through HubSpot systems, and they govern your access to certain new experimental features (“Early Adopter Products”).  

1. Early Adopter Program. 

1.1 Purpose. The HubSpot Early Adopter Program is intended to provide select customers with advance access to new feature concepts, enhancements, and testing so we can collect feedback as described in these terms (“Early Adopter Program”).

1.1.1 Program Acknowledgement. THE EARLY ADOPTER PROGRAM MAY INCLUDE COMPONENTS THAT ARE IN DEVELOPMENT, INCOMPLETE, AND HAVE NOT BEEN RELEASED FOR BETA OR GENERAL AVAILABILITY.  THE EARLY ADOPTER PRODUCTS MAY NOT BE FULLY FUNCTIONAL AND ARE EXPECTED TO CONTAIN ERRORS, DESIGN FLAWS, OR OTHER PROBLEMS THAT MAY ADVERSELY AFFECT THE FUNCTIONALITY OF THE HUBSPOT SUBSCRIPTION SERVICES, INCLUDING BUT NOT LIMITED TO CUSTOMER DATA AND ACCOUNT ACCESS.  

1.2 Voluntary Participation.  Your participation in the Early Adopter Program is voluntary.   If you choose to participate in the Early Adopter Program, you understand and agree to the risks, limitations, and conditions in these Early Adopter Terms. 

1.2.1 Ending Participation. Your participation in the Early Adopter Program may be ended by either party, at any time, for any reason.  You understand changes or updates made to your HubSpot account during your participation in the Early Adopter Program may remain, even after your participation ends. 

1.3 Early Adopter Feedback.  Your participation in the Early Adopter Program includes engaging with the Early Adopter Products for testing and evaluation purposes and providing timely, relevant, and comprehensive feedback to HubSpot (“Early Adopter Feedback”). You acknowledge the importance of Early Adopter Feedback and communication during your participation in the Early Adopter Program.  

1.3.1 Communication.  You agree HubSpot may use, store, and share information provided by you in order to communicate with you.  

1.3.2 Ownership. HubSpot owns all Early Adopter Feedback, and you hereby grant to us, if for any reason it is further needed, a perpetual, non-revocable, royalty-free worldwide license to use and/or incorporate such Early Adopter Feedback into any of our products or services at any time at our sole discretion. 

1.3.3 Early Adopter Publicity.  If we choose to publish Early Adopter Feedback, we will either i) do so in a way that does not identify you, or ii) seek your consent in advance if we do wish to identify you.

1.4 Compliance and Data Handling.  

1.4.1 Usage Data.  We may collect, store and use information generated from your testing and use of the Early Adopter Products, including user input, customer insights, product reviews, user experience data, comments, reactions, or observations which is part of Early Adopter Feedback.  

1.4.2 Subcontractors.  You agree HubSpot may engage with vendors and explore features supported by third parties in the Early Adopter Products (“Early Adoption Vendors”).  You acknowledge Early Adoption Vendors and their data processing activities) may not be reflected in the HubSpot Sub-Processors Page, ii) may access, use, and share Customer Data for their own commercial purposes, including machine learning, and iii) we make no representations or warranties related to any Early Adoption Vendor.  Please be aware that Early Adopter Products do not come with the compliance assurances you may require from data processors, so please consider whether Early Adopter Program aligns with your current needs.

1.4.3 Hosting.  You agree HubSpot does not make any representations regarding the location of data hosting for any Customer Data processed through Early Adopter Products. 

1.4.4 Customer Compliance.  You agree you will comply with all applicable laws, regulations, and ordinances in connection with your engagement with Early Adopter Products.  You agree to not provide HubSpot with any Customer Data that is Sensitive Data or otherwise subject to any specialized privacy or security regimes, including without limitation, Data Protection Laws such as the GDPR, CCPA, or other federal, state, or local data protection statutes applicable to Personal Data, HIPAA, COPPA, GLBA, FISMA, standards promulgated by the PCI Security Standards Council (“PCI”), etc.

1.5 Confidentiality.  You agree to keep all non-public information about the Early Adopter Products confidential, including details about unreleased features, strategic updates, and any proprietary information provided during the Early Adopter Program.  As detailed in the 'Early Adopter Feedback' section, HubSpot may disclose information about Early Adopter Feedback, subject to those terms.

1.6 Fees.  HubSpot reserves the right to offer Early Adopter Products at no additional charge or for a Subscription Fee where agreed upon in writing. 

1.7 Support.  HubSpot is not obligated to provide any maintenance, technical, or other support for the Early Adopter Products.

2. Disclaimers and Liability. 

2.1. AS IS.  THE EARLY ADOPTER PRODUCTS (INCLUDING SOURCE CODE) ARE PROVIDED TO YOU ON AN “AS IS” BASIS.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. 

2.2. NO WARRANTY.  HUBSPOT MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS. TO THE FULL EXTENT PERMITTED BY LAW, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THIRTY DAYS. MOREOVER, IN NO EVENT WILL WARRANTIES PROVIDED BY LAW, IF ANY, APPLY UNLESS THEY ARE REQUIRED TO APPLY BY STATUTE NOTWITHSTANDING THEIR EXCLUSION BY CONTRACT. 

2.3. Limitation of Liability. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY WILL HUBSPOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, BUSINESS INTERRUPTIONS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES ARISING FROM THE USE OR INABILITY TO USE THE HUBSPOT SUBSCRIPTION SERVICES (WHETHER OR NOT DUE TO ANY DEFECTS THEREIN). IN NO EVENT WILL HUBSPOT BE LIABLE FOR ANY DAMAGES, EVEN IF HUBSPOT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE, OR FOR ANY CLAIM BY ANY OTHER PARTY. 

2.4 Indemnification. In addition to existing indemnification obligations in the Agreement, you agree to defend, indemnify and hold harmless HubSpot from and against any Actions, including liabilities, costs, damages and expenses related to your participation in the Early Adopter Program, including your submission of Customer Data subject to specialized privacy or security regimes.  

3. Miscellaneous.

3.1 Updates.  HubSpot reserves the right to limit, modify, or terminate the Early Adopter Program, the Early Adopter Products, and the Early Adopter Terms at any time, in our sole discretion, for any reason, with or without notice and without liability to you.  You understand and agree that if you use the Early Adopter Products after the date on which the Terms have changed, we will treat your use as acceptance of the updated Terms.

3.2  Conflict, Severability, Authority.  In case and to the extent of any conflict or inconsistency with the terms of the Agreement, then these Early Adopter Terms will take precedence over the other terms of the Agreement with regard to Early Adopter Products. In the event any provision of this Agreement is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of any of the remaining provisions shall not in any way be affected or impaired. You represent and warrant you have full power and authority to modify the Agreement by incorporating these Early Adopter Terms. 

Thank you for being a part of our Early Adopter Program. Your insights and collaboration are invaluable to driving our mutual success and advancing our innovation journey together.