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Product Specific Terms
Last Modified: April 21, 2021
PLEASE READ THESE TERMS CAREFULLY.
The HubSpot Product Specific Terms are intended to highlight some of the important things about using our different products. The Product Specific Terms form part of the HubSpot Customer Terms of Service (the “TOS”) and are hereby incorporated therein.
If you are using any of the product(s) or service(s) described below, the terms corresponding to those product(s) applies to your use. We periodically update this page by posting a revised copy at https://legal.hubspot.com/product-specific-terms, so please check back here for current information.
- 1. HubSpot CRM and Free Services
- 2. Marketing Hub
- 3. Sales Hub
- 4. Service Hub
- 5. CMS Hub
1. HUBSPOT CRM AND FREE SERVICES
1.1 HubSpot CRM Subscription Fees
HubSpot CRM, which includes ‘lite’ versions of select features in our paid products, is one of our free services. As such, there are no Subscription Fees associated with your use of the HubSpot CRM.
While there’s no charge for contacts in the CRM, if you subscribe to Marketing Hub, you will be charged for contacts as part of your fee for that product, even if they are added through the HubSpot CRM. If you use the HubSpot CRM or any of our Free Services, we will make those services available to you free of charge until earlier of (a) the date on which your free subscription is terminated or (b) the start date of your paid subscription.
1.2 Email Send Limit
For the HubSpot CRM, if you only use our Free Services, the CRM Email Send Limit is equal to a maximum of two-thousand (2,000) (the "HubSpot CRM Email Sent Limit").
If you reach your HubSpot CRM 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 HubSpot CRM Email Send Limit. Kick-back emails from form conversion will not be interrupted. You may not increase your HubSpot CRM Email Send Limit.
1.3 Limits
We may change the limits that apply to your use of the HubSpot CRM or Free Services at any time in our sole discretion without notice to you, regardless of whether or not these are used in conjunction with other products or services for which you pay us a fee.
1.4 Modifications
We may make changes to the HubSpot CRM or Free Services that materially reduce the functionality provided to you during the Subscription Term.
1.5 Non-Renewal Notice Period
To prevent continuation of the Subscription Term of a free subscription, you or we may close your account.
1.6 Retrieval of Customer Data.
For the HubSpot CRM and Free Services, 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.
1.7 Unified Database.
By using HubSpot CRM with other parts of the Subscription Service, you understand that all Contact Information will be stored in a unified database of Contacts associated with your subscription, and that all workflows you use will pull from this unified list of Contacts. While there’s no charge for Contacts in HubSpot CRM, if you subscribe to our Marketing Hub Professional or Marketing Hub Enterprise products, you will be charged for Contacts as part of your fee for those products, even if they are added through HubSpot CRM and whether or not there is an email address associated with a Contact.
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 one million Non-Marketing Contacts for free.
The Marketing Contacts pricing model will be available to all new Marketing Hub customers on October 21, 2020. If you purchase any of our Marketing Contacts Products, the Marketing Hub terms in Section 2.1 below will apply to your subscription.
Existing Marketing Hub customers with legacy contacts pricing will have the option on renewal to either (i) renew their existing Marketing Hub subscription or (ii) switch to the new Marketing Contacts pricing model when it is made available. If you’re an existing Marketing Hub customer and you decide to remain on your existing contacts pricing model, the Marketing Hub terms in Section 2.2 below will apply to your subscription.
2.1 Marketing Hub (with Marketing Contacts)
The terms in this section 2.1 apply to any purchase of the following products: Marketing Contacts Products as defined below.
2.1.1 Definitions
“Marketing Contacts” means Contacts that are able to receive marketing emails and be targeted with ads, and are designated as Marketing Contacts in your HubSpot account.
“Marketing Contacts Products” means
- Marketing Hub Starter - Marketing Contacts;
- Marketing Hub Professional - Marketing Contacts; and
- Marketing Hub Enterprise - Marketing Contacts;
as further described in the Product and Services Catalog, and including any additional Marketing Contacts that you may purchase with the above products (such as Starter Marketing Contacts, Professional Marketing Contacts, and Enterprise Marketing Contacts). Details of Your Marketing Contacts subscription will be set out on your Order Form.
"Maximum Contacts" means the maximum number of Marketing Contacts you are permitted to use with the Subscription Service as identified in your Order Form, plus any Marketing Contacts added as part of an upgrade.
“Non-Marketing Contacts” means Contacts that are not designated as marketing-eligible by you in your HubSpot account. You cannot target Non-Marketing Contacts with marketing emails or ads.
Terms not otherwise defined here will have the meaning as set out in the Master Terms.
2.1.2 Marketing Contacts Products Email Send Limit
For Marketing Hub Enterprise - Marketing Contacts, the Email Send Limit is equal to twenty (20) times the Maximum Contacts number per month. For Marketing Hub Professional - Marketing Contacts, the Email Send Limit is equal to ten (10) times the Maximum Contacts number per month. For Marketing Hub Starter - Marketing Contacts, this limit is equal to five (5) times the Maximum Contacts number per calendar month.
If you reach your Email Send Limit, you may not be able to send any more emails. You may increase your Email Send Limit by upgrading your Marketing Contacts edition or by purchasing a ‘Dedicated IP Add-on’ which includes unlimited email sends, in which case your fee will increase during the course of a Billing Period as described in the ‘Fee Adjustments’ section below.
2.1.3 Marketing Contacts Products Subscription Fees
The Subscription Fee for Marketing Contacts Products will remain fixed during the Subscription Term unless you:
(i) exceed your Maximum Contacts or other applicable limits set out on the Product and Services Catalog,
(ii) upgrade products or base packages,
(iii) subscribe to additional features or products, including additional Marketing Contacts, or
(iv) unless otherwise agreed to in the Order.
For our Marketing Contacts Products, once increased, your Subscription Fee will not decrease, even if there is a subsequent reduction in the number of Marketing Contacts or emails sent. Your Subscription Fee will not increase if you add Contacts which are not designated as Marketing Contacts by you in your account.
You can learn more about how your fees may be otherwise adjusted in the remainder of this 'Fees Adjustments' section below.
2.1.4. Fee Adjustments
2.1.4.1 Contact Tiers. Your Subscription Fee will increase immediately during the course of a Billing Period if you exceed your Maximum Contacts limit in a Billing Period. In this case, the Subscription Fee will increase up to the tier price which corresponds with the number of Marketing Contacts and your invoice will increase by the corresponding prorated amount for the remainder of Subscription Term. Tier prices for Marketing Contacts Products are as set out in the Product and Services Catalog. You will receive an electronic notification (as described in the Notices section of our Master Terms) if you’re approaching your Marketing Contact tier limit.
You may manage your Marketing Contacts to avoid an increase in your Subscription Fee as set out in the ‘Managing Your Marketing Contacts’ section below.
2.1.4.2 Other Fee Adjustments. For detail on renewal pricing, see the ‘Fees’ section of the Master Terms. We may choose to decrease your fees upon written notice to you.
2.1.5 Managing Your Marketing Contacts
When you purchase a Marketing Contacts Product, you’ll have the opportunity to select which contacts you’d like to designate as Marketing Contacts, and which you want to designate as Non-Marketing Contacts. We also recommend reviewing the designation of your Contacts regularly to avoid an unintended Contact tier upgrade fee. All Users have permission to make Contact designations in the portal unless their right to do so is limited by you in the ‘Users and Teams’ settings.
If you’re switching from one of our Marketing Hub Products with legacy contacts pricing to one of our Marketing Contacts Products, all Contacts will be designated Marketing Contacts by default. We strongly recommend you complete the Eligibility Flow tool to designate your Non-Marketing Contacts before you switch to avoid an unintended Contact tier upgrade fee which will apply immediately and cannot be refunded.
We will monitor or audit remotely the number of Marketing Contacts in the Subscription Service and the number of emails that you send on the Subscription Service. This information is also made available to you in your HubSpot account.
You can change your Contacts from Non-Marketing to Marketing Contacts at any time. We allow you to designate Marketing Contacts as Non-Marketing’ Contacts at any time, but changes in designations to Non-Marketing will not take effect until the first day of the next month or on your subscription renewal date, whichever comes first.
2.1.6 Limits
For all Marketing Contacts Products and paid Add-Ons to those products, we may change the limits that apply to you at any time in our sole discretion by updating the Product and Services Catalog.
Please refer to the Product and Service Catalog and your Order for details of any additional limits that apply to your Marketing Contacts Product subscription.
2.1.7 Downgrades
For our Marketing Contacts Products, you may designate your contacts as Non-Marketing at any time (as described in the ‘Managing your Marketing Contacts’ section above), but you can only downgrade your contact tier at your next renewal date upon signature of a new Order. In order to avoid additional charges, you should purchase the appropriate tier of Subscription Service for your anticipated needs.
2.1.8 Modifications
We will not make changes to the Marketing Hub Professional - Marketing Contacts, Marketing Hub Enterprise - Marketing Contacts 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 - Marketing Contacts product and Add-Ons to that product that materially reduce the functionality provided to you during the Subscription Term.
2.1.9 Notice of Non-Renewal
Unless otherwise specified in your Order, to prevent renewal of your Marketing Hub with Marketing Contacts subscription or paid Add-Ons to Marketing Hub with Marketing Contacts, you or we must give written notice of non-renewal and this written notice must be received before the next renewal period begins.
2.1.10 Retrieval of Customer Data.
For Marketing Hub Professional - Marketing Contacts and for Marketing Hub Enterprise - Marketing Contacts, 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 - Marketing Contacts, 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.
2.1.11 Legacy Marketing Hub Products
Notwithstanding anything to the contrary in the ‘Legacy’ section of the HubSpot Master Terms, once you've purchased a Marketing Contacts Product, you cannot choose to re-purchase the Marketing Hub product with legacy contacts pricing, which bills differently for Contacts, even if it's still listed in our Product & Services Catalog.
If you use one of our other legacy Marketing Hub products that is not listed in the Product Specific Terms, then the terms that apply to Marketing Hub Enterprise with legacy contacts pricing apply to your subscription.
2.1.12 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 - Marketing Contacts 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.
2.2. Marketing Hub (legacy contacts pricing)
The terms in this section 2.2 apply to any purchase of the Marketing Hub Products with legacy contacts pricing as defined below.
2.2.1 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, and includes
Marketing Hub Starter;
Marketing Hub Professional and
Marketing Hub Enterprise,
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 Master Terms.
2.2.2 Marketing Hub Email Send Limit
For Marketing Hub Professional and Marketing Hub Enterprise, the Email Send Limit is equal to ten (10) times the Maximum Contacts number per month. For Marketing Hub Starter, this limit is equal to five (5) times the Maximum Contacts number per calendar month.
2.2.3 Marketing Hub Subscription Fees
The Subscription Fee for Marketing Hub products will remain fixed during the Subscription 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.
2.2.4 Fee Adjustments
2.2.4.1 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 then-current Subscription Term. For more detail on renewal pricing, see the ‘Fees’ section of the Master Terms.
2.2.4.2 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.
2.2.4.3 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.
2.2.5 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.
2.2.6 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.
2.2.7 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 Subscription Term, as specified in the ‘Fee Adjustments; Contact Tier’ section above.
2.2.8 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.
2.2.9 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 period begins.
2.2.10 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.
2.2.11 Legacy Marketing Hub Products.
If you use one of our legacy Marketing Hub products that are not listed in the Product Specific Terms, then the terms that apply to Marketing Hub Enterprise (with legacy contacts pricing) apply to your subscription.
2.2.12 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.
3. SALES HUB
The terms in this Section 3 apply to any purchase of the following products: Sales Hub Starter, Sales Hub Professional and Sales Hub Enterprise. These products are described further in our Product and Services Catalog.
3.1 “Paid Users” means those types of Users (defined in the Master Terms) for which we charge you fees as set forth in our Product and Services Catalog.
3.2 Sales Hub Subscription Fees
The Subscription Fee for Sales Hub products will remain fixed during the Subscription Term unless you:
(i) exceed User or other applicable limits (see the ‘Limits’ section below),
(ii) upgrade products or base packages,
(iii) subscribe to additional features or products, or
(iv) unless otherwise agreed to in the Order.
For our Sales Hub products, you will be charged fees associated with all Paid Users. For Sales Hub Professional and Sales Hub Enterprise, your number of Paid Users will not decrease, even if there is a subsequent reduction in the number of assigned Paid Users.
3.3 Fee Adjustments
For details on renewal pricing, see the ‘Fees’ section of our Master Terms.
3.4 Limits
For our Sales Hub products and paid Add-Ons to those products 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 Sales Hub subscription.
3.5 Downgrades
For Sales Hub products, you may downgrade your subscription at the start of your next renewal Subscription Term.
3.6 Modifications
We may make changes to our Sales Hub product and Add-Ons to that product that materially reduce the functionality provided to you during the Subscription Term.
3.7 Non-Renewal Notice Period.
Unless otherwise specified in your Order, to prevent renewal of your Sales Hub subscription or paid Add-Ons to Sales Hub , you or we must give written notice of non-renewal and this written notice must be received before the next renewal period begins.
3.8 Retrieval of Customer Data.
For our Sales Hub products, 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.
3.9 No Representation; Warranty.
WE MAKE NO REPRESENTATION OR WARRANTY ABOUT THE ACCURACY OF DATA FROM THE SALES HUB PRODUCT.
3.10. Documents.
The ‘Documents’ feature allows you to store presentations and other sales content to share with prospects. Files that you upload using this ‘Documents’ feature are stored by us and shared with other users of your HubSpot CRM team.
3.11. Sales Extension Uninstall.
The Sales Extension for Google Chrome and Outlook may leave remnants of application settings and log files on your device even after the Sales Extension has been uninstalled. For more information on how to uninstall the Sales Extension, please see here.
3.12. Revenue Reporting Tools.
Revenue reporting tools provided as part of the Subscription Service are not intended to be used as systems of record for financial, tax, employee commission, or other regulatory compliance or reporting. You are responsible for ensuring the accuracy or reports derived using the revenue reporting tools.
3.13. E-signature.
The e-signature feature provided as part of the Subscription Service allows you to obtain electronic signatures on documents. We strongly encourage you to take appropriate measures to secure, store and backup your important documents.
The terms in this Section 4 apply to any purchase of the following products: Service Hub Starter, Service Hub Professional and Service Hub Enterprise. These products are described further in our Product and Services Catalog.
4.1 “Paid Users” means those types of Users (defined in the Master Terms) for which we charge you fees as set forth in our Product and Services Catalog.
4.2 Service Hub Subscription Fees
The Subscription Fee for Service Hub products will remain fixed during the Subscription Term unless you:
(i) exceed User or other applicable limits (see the ‘Limits’ section below),
(ii) upgrade products or base packages,
(iii) subscribe to additional features or products, or
(iv) unless otherwise agreed to in the Order.
For our Service Hub products, you will be charged fees associated with all Paid Users. For Service Hub Professional and Service Hub Enterprise products, your number of Paid Users will not decrease, even if there is a subsequent reduction in the number of assigned Paid Users.
4.3 Fee Adjustments
For details on renewal pricing, see the ‘Fees’ section of our Master Terms.
4.4 Limits
For our Service Hub products and paid Add-Ons to those products, 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 Services Hub subscription.
4.5 Downgrades
For Service Hub products, you may downgrade your subscription at the start of your next renewal Subscription Term.
4.6 Modifications
We may make changes to our Service Hub product and Add-Ons to that product that materially reduce the functionality provided to you during the Subscription Term.
4.7 Non-Renewal Notice Period
Unless otherwise specified in your Order, to prevent renewal of your Service Hub subscription or paid Add-Ons to Service Hub, you or we must give written notice of non-renewal and this written notice must be received before the next renewal period begins.
4.8 Retrieval of Customer Data.
For our Service Hub products, 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.
5. CMS HUB
The terms in this Section 5 apply to any purchase of the following products: CMS Hub Professional and CMS Hub Enterprise. These products are described further in our Product and Services Catalog.
5.1 CMS Hub Subscription Fees
The Subscription Fee for CMS Hub products will remain fixed during the Subscription Term unless you:
(i) exceed applicable limits (see the ‘Limits’ section below),
(ii) upgrade products or base packages,
(iii) subscribe to additional features or products, or
(iv) unless otherwise agreed to in the Order.
5.2 Fee Adjustments
For details on renewal pricing, see the ‘Fees’ section of our Master Terms.
5.3 Limits
For our CMS Hub products and paid Add-Ons to this 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 CMS Hub subscription.
5.4 Downgrades
For our CMS Hub products, you may downgrade your subscription at the start of your next renewal Subscription Term.
5.5 Modifications
We may make changes to our CMS Hub product and Add-Ons to that product that materially reduce the functionality provided to you during the Subscription Term.
5.6 Non-Renewal Notice Period
Unless otherwise specified in your Order, to prevent renewal of your CMS Hub subscriptions or paid Add-Ons to CMS Hub, you or we must give written notice of non-renewal and this written notice must be received before the next renewal period begins.
5.7 Retrieval of Customer Data.
For our CMS Hub products, 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.
6. Operations Hub
The terms in this Section 6 apply to any purchase of the following products: Operations Hub Starter and Operations Hub Professional.
If you use Operations Hub Free, then in addition to the terms otherwise applicable to Free Services, the ‘Data Sync’ section of this Section 6 also applies.
These products are described further in our Product and Services Catalog.
6.1 Operations Hub Subscription Fees
The Subscription Fee for Operations Hub products will remain fixed during the Subscription Term unless you:
(i) exceed any applicable limits set out in the Product & Services Catalog (see the ‘Limits’ section below),
(ii) upgrade products or base packages,
(iii) subscribe to additional features or products, or
(iv) unless otherwise agreed to in the Order.
6.2 Fee Adjustments
For details on renewal pricing, see the ‘Fees’ section of our Master Terms.
6.3 Limits
For our Operations Hub products and paid Add-Ons to those products, we may change the limits that apply to you at any time at our sole discretion by updating the Product and Services Catalog.
Please refer to the Product and Services Catalog and your Order for details of any additional limits that apply to your Operations Hub subscription.
6.4 Downgrades
For Operations Hub products, you may downgrade your subscription at the start of your next renewal Subscription Term.
6.5 Modifications
We may make changes to our Operations Hub product and Add-Ons to that product that materially reduce the functionality provided to you during the Subscription Term.
6.6 Non-Renewal Notice Period
Unless otherwise specified in your Order, to prevent renewal of your Operations subscription or paid Add-Ons to Operations Hub, you or we must give written notice of non-renewal and this written notice must be received before the next renewal period begins.
6.7 Retrieval of Customer Data.
For our Operations Hub products, 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.
6.8 Data Sync
Operations Hub allows you to sync Customer Data from other third party platforms and applications into the Subscription Service. You are responsible for ensuring the completeness, accuracy and configuration of all Customer Data transferred using the Operations Hub data sync feature. You are also responsible for ensuring you have all necessary licenses and consents to share the synched Customer Data with us.
7. CONSULTING AND OTHER SERVICES
7.1 Consulting Services
You may purchase Consulting Services by placing an Order with us. Unless we otherwise agree, the Consulting Services we provide are described in the Product and Services Catalog and will be delivered in English. Fees for these Consulting Services are in addition to your Subscription Fee. If you purchase Consulting Services that recur, they will be considered part of your subscription and will renew in accordance with your subscription.
7.1.1 Location. All Consulting Services are performed remotely, unless you and we otherwise agree. For Consulting Services performed on-site, you will reimburse us our reasonable costs for all expenses incurred in connection with the Consulting Services. Any invoices or other requests for reimbursements will be due and payable within thirty (30) days of the date of the invoice.
7.1.2 Delivery. If there are a specific number of hours included in the Consulting Services purchased, those hours will expire as indicated in the applicable description, which expiration period will commence upon purchase (the “Expiration Period”).
If there are deliverables included in the Consulting Services purchased, it is estimated that those deliverables will be completed within the time period indicated as the delivery period in the applicable description, which delivery period will commence upon purchase (the “Delivery Period”). If there is no Expiration Period or Delivery Period indicated, then it will be one hundred and eighty (180) days from purchase.
If the Consulting Services provided are not complete at the end of the Delivery Period due to your failure to make the necessary resources available to us or to perform your obligations, such Consulting Services will be deemed to be complete at the end of the Delivery Period. If the Consulting Services provided are not complete at the end of the Delivery Period due to our failure to make the necessary resources available to you or to perform our obligations, the Delivery Period will be extended to allow us to complete such Consulting Services.
7.1.3 Third Party Providers. We might provide some or all elements of the Consulting Services through third party service providers. Consulting Services are non-cancellable and all fees for Consulting Services are non-refundable.
7.2 Communication Services.
"Communication Services" means third-party forums, online communities, blogs, personal web pages, calendars, and/or other social media communication facilities (such as Facebook, Twitter and LinkedIn) linked to or from the Subscription Service that enable you to communicate with the public or with a private group.
You agree to use Communication Services only in compliance with any terms of use specified by each Communication Service. We do not control the content, messages or information found in the Communication Services. We will not have any liability with regards to the Communication Services and any actions resulting from your use of the Communication Services.
7.3 HubSpot Directory and Community.
If you use the HubSpot Directory (as defined in the HubSpot Directory Terms of Use), you agree to comply with the HubSpot Directory Terms of Use available at http://legal.hubspot.com/directory-tou. If you use the HubSpot Community (as defined in the HubSpot Community Terms of Use), you agree to comply with the HubSpot Community Terms of Use available at http://legal.hubspot.com/community-tou.
7.4 HubSpot Academy.
We may offer educational seminars or certifications through HubSpot Academy. The descriptions of these educational seminars and certifications, and the terms and conditions that apply to your participation, are available at http://academy.hubspot.com/. By participating in a HubSpot Academy educational seminar or certification, you agree to abide by the applicable terms and conditions that are made available to you at http://academy.hubspot.com/.
7.5 HubSpot Insights and Enrichment Data.
HubSpot Insights is a database of company information that HubSpot gathers from public and third party sources. It is updated in real-time as we get new information.
“Enrichment Data” means the company level information we make available to you as part of the HubSpot Insights database. Enrichment Data does not include Personal Data. We do not use Customer Data to populate Enrichment Data. You’ll recognize Enrichment Data in the HubSpot CRM because it is flagged with a grey information icon (or highlighted in some other way), which on hover, identifies the property as being filled from HubSpot’s Insights database. These properties may include information such as company name, company location, and company address.
If we make Enrichment Data available to you, then you may only use that Enrichment Data in connection with your use of the Subscription Service. We may change what Enrichment Data we provide, or discontinue providing Enrichment Data at any time with or without notice to you.
7.6 Outbound Calling via the Subscription Service.
We do not guarantee the availability of our outbound calling feature in any or all geographical areas. If you are interested in obtaining a list of countries to which we currently offer outbound calling, please contact our Support team. We may update this list at any time without notice to you. We may also disable your ability, or charge you a fee, to make calls to certain countries if we choose to, even if we generally offer outbound calling to these countries. One reason we may do this is if you are making a disproportionate or excessive number of calls to these countries.
7.7 Call Recording.
You must comply with all applicable laws, rules and regulations relating to the recording of phone calls or other electronic communications and, where required, you must ensure that proper consent to record phone calls is obtained prior to making any such recordings in accordance with applicable laws, rules and regulations. While the HubSpot calling tool includes features to help you comply with call recording laws, we make no representation or warranty with respect to these features. You may use HubSpot tools to record your calls or to import call recordings from another source provided you agree to assume sole responsibility for any content and communications exchanged on calls and you represent and warrant that you have all obtained all necessary rights and permissions to share such content and communications with us and allow us to process and use such recordings as needed to provide the Subscription Service to you.
7.8 Alpha/Beta Services.
If we make alpha or beta access to some or all of the Subscription Service (the “Alpha/Beta Services”) available to you (i) the Alpha/Beta Services are provided “as is” and without warranty of any kind, (ii) we may suspend, limit, or terminate the Alpha/Beta Services for any reason at any time without notice, and (iii) we will not be liable to you for damages of any kind related to your use of the Alpha/Beta Services. For all Beta Services, the following terms also apply: https://legal.hubspot.com/hubspot-beta-terms. If we inform you of additional terms and conditions that apply to your use of the Alpha/Beta Services, those will apply as well. We might require your participation to be confidential, and we might also require you to provide feedback to us about your use of the Alpha/Beta Services. You agree that we own all rights to use and incorporate your feedback into our services and products, without payment or attribution to you.
7.9 Third Party Sites and Products.
You can choose to integrate Third Party Sites and Products with the Subscription Service. We are not responsible for any Third-Party Sites and Products or for any issues arising from or related to the Third Party Site or Product. The availability of any integration to a Third-Party Site or Product does not mean we endorse, support or warrant the Third-Party Site or Product.
7.10 YouTube Integration.
If you use the YouTube Integration, you agree to be bound by YouTube's terms, available at: https://www.youtube.com/t/terms.
8. SERVICE UPTIME COMMITMENT
8.1 For the purposes of this 'Service Uptime Commitment' section, the following definitions shall apply:
"Priority 1" means a critical full outage/severe issue that constitutes a catastrophic problem that causes complete inability to use the Subscription Service, excluding Free Services, across a significant portion of the production environment (e.g. crash or hang), resulting in production downtime and where there is no workaround or solution to the problem.
"Excluded" means the following: (i) unavailability caused by circumstances beyond our reasonable control, including, without limitation, act of God, acts of government, emergencies, natural disasters, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving our employees), or any other force majeure event or factors; (ii) any problems resulting from Customer's combining or merging the Subscription Service with any hardware or software not supplied by us or not identified by us in writing as compatible with the Subscription Service; (iii) interruptions or delays in providing the service resulting from telecommunications or internet service provider failures outside of our datacenter as measured by our third party website availability monitoring provider; and (iv) any interruption or unavailability resulting from the misuse, improper use, alteration, or damage of the Subscription Service.
"Service Uptime" means (total hours in calendar month - unscheduled maintenance which causes unavailability - Priority 1 issue durations - scheduled maintenance - Excluded) / (Total hours in calendar month - scheduled maintenance - Excluded) X 100%.
8.2 We will use commercially reasonable efforts to meet a Service Uptime of 99.95% for our Subscription Service in a given calendar month. All availability calculations will be based on our system records. Notwithstanding anything to the contrary in this Agreement, as Customer's sole and exclusive remedy for failure to meet availability or support commitments, in the event there are two (2) or more consecutive calendar months during which the Service Uptime falls below 99.95% in a given calendar month, Customer will be entitled to receive a credit equal to the pro-rated amount of fees applicable to the downtime as measured within two (2) or more consecutive calendar months during which the Service Uptime fell below 99.95%, which credit shall be applied against an invoice or charge for the following renewal Subscription Term, provided Customer requests such credit within twenty (20) days of the end of the relevant calendar month. Notwithstanding anything to the contrary in the Agreement or this section, this 'Service Uptime Commitment' section does not apply to our Free Services.
9. CUSTOMER SUPPORT
If you pay us a Subscription Fee for our Starter edition products, email and in-app support is included at no additional cost. If you pay us a Subscription Fee for our Professional or Enterprise edition products or have purchased the HubSpot CMS, phone, email and in-app support is included at no additional cost.
9.1 Phone Support.
Phone support for Professional or Enterprise edition subscriptions is available from 8pm Sunday to 8pm Friday EST (Eastern Standard Time), with reduced hours during holidays in Singapore, Ireland, and the US. We accept email and in-app support questions 24 hours per day x 7 days per week. Email and in-app questions can be submitted through the help widget in the lower right hand corner of your account or by following the link at http://help.hubspot.com.
9.2 Email and In-app Support.
Email and in-app responses are provided during phone support hours only. We attempt to respond to email and in-app support questions within one business day; in practice, our responses are generally even faster. We do not promise or guarantee any specific response time. We may limit or deny your access to support if we determine, in our reasonable discretion, that you are acting, or have acted, in a way that results or has resulted in misuse of support or abuse of HubSpot representatives.
9.3 Support Limitations.
Issues resulting from your use of API's or your modifications to code in the Subscription Service may be outside the scope of support. We will only provide support for integrations which are listed in-app as being supported by HubSpot.
9.4 Free Services.
If you do not pay a Subscription Fee, support is available to you through the HubSpot Community available at: community.hubspot.com.