Legal Stuff

PLEASE READ THESE TERMS CAREFULLY.

In October 2020, HubSpot introduced a new contacts pricing model for Marketing Hub called ‘Marketing Contacts’. Customers who purchase one of our Marketing Contacts Products (defined below) will only pay for the contacts to which they want to send marketing emails and target ads, and they can store up to fifteen million total Contacts (Non-Marketing Contacts and Marketing Contacts) for free. 

The Marketing Contacts pricing model will be available to all new Marketing Hub customers on October 21, 2020. If you’re an existing Marketing Hub customer and you decide to remain on your existing contacts pricing model, the Legacy Marketing Hub terms below will apply to your subscription and these "Legacy Marketing Hub Terms" are hereby incorporated in the Customer Terms of Service.

The terms in this section apply to any purchase of the Marketing Hub Products with legacy contacts pricing as defined below.

1.1 Definitions

"Contact Information" means the name, email address, phone number, online user name(s), telephone number, and similar information submitted by visitors to your landing pages on the Subscription Service or uploaded by you to the Subscription Service.

“Marketing Hub Products” means the Marketing Hub Products with legacy contacts pricing model as further described in the Product and Services Catalog, and including any additional Contacts that you may purchase with the above products. Details of Your Marketing Hub subscription will be set out on your Order Form.

"Maximum Contacts" means the maximum number of Contacts you are permitted to use with the Subscription Service as identified in your Order Form, plus any Contacts added as part of an upgrade.

Terms not otherwise defined here will have the meaning as set out in the General Terms.

2. Marketing Hub Subscription Fees and Limits

2.1 You can find information regarding Subscription Fees, Tier Pricing, and Email Send Limits in the Product & Services Catalog and the Legacy Marketing Hub page. 

2.2 The Subscription Fee for Marketing Hub products will remain fixed during the Current Term unless you: 

(i) exceed your Maximum Contacts, Email Send Limit, or other applicable limits (see the ‘Limits’ section below), 

(ii) upgrade products or base packages, 

(iii) subscribe to additional features or products, including additional Contacts, or 

(iv) unless otherwise agreed to in the Order.

For Marketing Hub Professional and Marketing Hub Enterprise, once increased, your Subscription Fee will not decrease, even if there is a subsequent reduction in the number of Contacts or emails sent.  ​

You can learn more about how your fees may be otherwise adjusted in the remainder of this 'Fees Adjustments' section below.

2.3  Fee Adjustments

2.3.1 Contact Tier

We determine the Contact tier for the next Billing Period by reviewing the number of Contacts in your account. For Marketing Hub Professional or Marketing Hub Enterprise, we complete this review between forty (40) and twenty-five (25) days before the start of your next Billing Period. For Marketing Hub Starter, we complete this review on the last day of your Billing Period. You may manage your Contacts to avoid an increase in your Subscription Fee as set out in the ‘Manage Contacts’ section below.

If the number of Contacts in your account exceed your Maximum Contacts when we complete this review, then your Subscription Fee will increase at the beginning of the next Billing Period up to the tier price which corresponds with the reviewed number of Contacts. Tier prices are as set out in our Product and Services Catalog.

For Marketing Hub Starter, upon renewal, your subscription will be adjusted to match the Contact tier that corresponds with the number of Contacts in your portal on the last day of your Current Term. For more detail on renewal pricing, see the ‘Fees’ section of the General Terms.  

2.3.2  Exceeding Your Email Send Limit

For Marketing Hub Professional and Marketing Hub Enterprise, the Subscription Fee will increase during the course of a Billing Period if you exceed your Email Send Limit in a Billing Period. In this case, the Subscription Fee will increase to the tier price which corresponds with your maximum monthly email sends from the current Billing Period.

For Marketing Hub Starter, if you reach your Email Send Limit, you will not be able to send any more emails until the start of the next calendar month, including emails pre-scheduled to go out after reaching the Email Send Limit.  Kick-back emails from form conversion will not be interrupted. You may increase your Email Send Limit for Marketing Hub Starter by purchasing additional Contacts, in which case your fee will increase during the course of a Billing Period.

2.3.3  Other Fee Adjustments

The Subscription Fee for Marketing Hub Products will increase during a Billing Period up to the corresponding base package and tier price (as set forth in our Product and Services Catalog) if you:

(i) exceed the subdomains limit, 

(ii) exceed other applicable limits (except as set forth in the ‘Contact Tier’ section),

(iii) change or add products, or 

(iv) subscribe to additional features for use during the Billing Period. 

We may choose to decrease your fees upon written notice to you.

2.4  Managing your Contacts

We will monitor or audit remotely the number of Contacts in the Subscription Service and the number of emails that you send on the Subscription Service. If you subscribe to  Marketing Hub Professional or Marketing Hub Enterprise, this information is also made available to you in your HubSpot account.

We allow you to reasonably manage the number of Contacts during the course of a Billing Period and will not count Contacts removed before our review, unless these Contacts are temporarily removed to avoid a fee increase. If Contacts are temporarily removed to avoid a fee increase, we may consider the maximum number of Contacts from the reviewed Billing Period for the purposes of determining your Contact tier.

This review and upgrade process will continue for each Billing Period during the Subscription Term.

2.5  Limits

For Marketing Hub Professional, Marketing Hub Enterprise and paid Add-Ons to these products, on renewal, the current product usage limits in our Product and Services Catalog will apply to your subscription, unless you and we otherwise agree.

For Marketing Hub Starter and paid Add-Ons to that product, we may change the limits that apply to you at any time in our sole discretion.

Please refer to the Product and Services Catalog and your Order for details of any additional limits that apply to your Marketing Hub subscription.

2.6 Downgrades

For Marketing Hub Professional and Marketing Hub Enterprise, you may not downgrade your subscription and in order to avoid additional charges, you should purchase the appropriate tier of Subscription Service for your anticipated needs. 

For Marketing Hub Starter, you may downgrade your subscription at the start of your next Renewal Term, as specified in the ‘Fee Adjustments; Contact Tier’ section above.

2.7 Modifications

We will not make changes to the Marketing Hub Professional, Marketing Hub Enterprise and paid Add-Ons to these products that materially reduce the functionality provided to you during the Subscription Term.

We may make changes to our Marketing Hub Starter product and Add-Ons to that product that materially reduce the functionality provided to you during the Subscription Term.

2.8  Non-Renewal Notice Period

Unless otherwise specified in your Order, to prevent renewal of your Marketing Hub subscription or paid Add-Ons to Marketing Hub, you or we must give written notice of non-renewal and this written notice must be received before the next Renewal Term begins.

2.9  Retrieval of Customer Data. 

For Marketing Hub Professional and Marketing Hub Enterprise, if you make a written request within thirty (30) days after termination or expiration of your subscription, we will provide you with temporary access to the Subscription Service to retrieve, or we will provide you with copies of, all Customer Data then in our possession or control. If we provide you with temporary access to the account, we may charge a re-activation fee. Thirty (30) days after termination or expiration of your Subscription, we will have no obligation to maintain or provide you the Customer Data. We will delete all Customer Data in our systems or otherwise in our control unless (i) we are legally prohibited or (ii) save as set out in the ‘Deletion or Return of Personal Data’ section of the DPA, then such Personal Data shall be Processed in accordance with our DPA.

For Marketing Hub Starter, we will not provide you with any access to Customer Data after termination or expiration of your subscription. If you want to retain any Customer Data after your Subscription Term ends, we recommend you export that data from your HubSpot account in advance. Here are some knowledge base articles on how you can export your data: "Export your Content and Data"; "Export your Records"; "Export your Ad Performance Data"; "Export your Marketing Email Performance Data"; "Perform a permanent delete in HubSpot."

2.10  Brand Domains. 

In order to host multiple root domains associated with your company in a single HubSpot account, you must purchase a subscription to the Marketing Hub Enterprise product with the Brand Domain add-on product. A root domain is considered to be a different domain name that immediately precedes the top-level domain indicator. For example, www.hubspot.com and www.inbound.com are considered separate root domains, whereas www.hubspot.com and blog.hubspot.com or www.hubspot.fr are not considered separate root domains.