Archived Product Specific Terms

PLEASE READ THESE TERMS CAREFULLY.

The HubSpot Product Specific Terms are intended to highlight some of the important things about using our different Subscription Services. The Product Specific Terms form part of the HubSpot Customer Terms of Service and are hereby incorporated therein.

If you are using any of the Subscription Services described below, the terms corresponding to those product(s) apply 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 Smart CRM and Free Services

2. HubSpot Seats

3. Marketing Hub (with Marketing Contacts)

4. Commerce Hub

5. Other Hubs

6. Other Services

7. AI Products

8. Service Uptime Commitment

9. Customer Support

1.  HUBSPOT SMART CRM AND FREE SERVICES

1.1  HubSpot Smart CRM Subscription Fees

HubSpot Smart CRM, which includes ‘lite’ versions of select features in our paid Subscription Services, is one of our Free Services. As such, there are no Subscription Fees associated with your use of the HubSpot Smart CRM. 

While there’s no charge for Contacts in the Smart CRM, if you subscribe to Marketing Hub, you will be charged for contacts as part of your fee for that Subscription Services, even if they are added through the HubSpot Smart CRM. For more information on these fees, please refer to our Product and Services Catalog available at https://legal.hubspot.com/hubspot-product-and-services-catalog. If you use the HubSpot Smart 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 Smart CRM, if you only use our Free Services, the Smart CRM Email Send Limit is equal to a maximum of two-thousand (2,000) emails per calendar month (the "HubSpot Smart CRM Email Sent Limit").

If you reach your HubSpot Smart 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 Smart CRM Email Send Limit. Kick-back emails from form conversion will not be interrupted. You may not increase your HubSpot Smart CRM Email Send Limit.

1.3  Limits

You agree to not use the Free Services in any manner that substantially exceeds typical use projections, including but not limited to storage and bandwidth consumption. 

We may change the limits that apply to your use of the HubSpot Smart 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 Subscription Services for which you pay us a fee.

1.4  Modifications

We may make changes to the HubSpot Smart CRM or Free Services that materially reduce the functionality provided to you during the Subscription Term.

1.5  Non-Renewal Notice Period

To discontinue Free Services under this Agreement, you or we may close your account in accordance with the General Terms.

1.6  Retrieval of Customer Data 

If you want to export Customer Data during your Subscription Term, you can retrieve Customer Data by following the instructions at the following knowledge base articles: "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."

If you need help retrieving your Customer Data during the Subscription Term, we will provide reasonable assistance to you, at your cost, and in accordance with the ‘Confidentiality’ section of the General Terms. 

We strongly recommend retrieving your Customer Data prior to the end of your Subscription Term; for the HubSpot Smart CRM and Free Services, we will not provide you with any access to Customer Data after termination or expiration of your Subscription Term.

1.7 Unified Database

By using HubSpot Smart 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 Smart CRM, if you subscribe to our Marketing Hub Professional or Marketing Hub Enterprise, you will be charged for Marketing Contacts as part of your fee for those products, even if they are added through HubSpot Smart CRM and whether or not there is an email address associated with a Marketing Contact. For more information on the fees for Marketing Hub Professional or Marketing Hub Enterprise Subscription Services, please refer to the Product and Services Catalog.

2.  HUBSPOT SEATS 

Introduced in March 2024, HubSpot Seats provides simpler access to HubSpot Subscription Services with user-based pricing options.  A “Seat” is the manner and level of access your Users have to the Subscription Services.  We offer different types of seats based on what Subscription Services you purchase, as further described in the Product and Services Catalog. 

2.1 Existing Customers. If you are an existing customer, not yet migrated to the new Seats model, the way you are billed for your Subscription Services will remain unchanged until we send you advance notice of your migration plan (“Legacy Access Model”). Customers with Legacy Access Model pricing to Sales Hub and Service Hub Subscription Services will continue to be charged fees associated with Users as set forth in your Order Form (“Paid Users”). Customers on the Legacy Access Model can continue to manage all Users based on information available in the “HubSpot user permissions guide” knowledge base article. 

2.2 Free Services. Any customers using only Free Services are limited to five (5) Users. These Users for Free Services are different from Seats under the HubSpot Seats model because Free Services do not support Seats.  Any Customers using only Free Services who need to increase the number of additional Users may upgrade to paid services (i.e., Starter, Professional, or Enterprise) for access to HubSpot Subscription Services with the Seat model.

2.3 New Customers. New customers will automatically be included in the HubSpot Seats model as further described in the Product and Services Catalog and the following ‘Managing Seats and Users’ section.  

2.3.1 Managing Seats and Users.  

(i) Dedicated Users. Each Seat is dedicated to one User, and each HubSpot account must have at least one Seat.  

(ii) Updating Seats and Users. You may change the User assigned to each Seat at any time during the Subscription Term. Users may not share Seats or log-in information; as required in the Agreement, each User must have unique user identifications and passwords.  Additional information on managing Users is available in the “HubSpot user permissions guide” knowledge base article.  

(iii) Adding New Users. When adding new Users to the Subscription Services, Starter, Professional, and Enterprise tier platforms will prompt customers to assign a Seat, if one is available; Users added to the Subscription Services, but not to a paid Seat, will be automatically assigned to a View-Only Seat.  

(iv) Adding Seats. Customers with Starter, Professional or Enterprise Subscription Services may purchase additional Core Seats at any time. Customers with Professional and Enterprise Subscription Services may purchase additional Sales Seats or Services Seats at any time. Starter Customers can access Sales Hub or Service Hub through the Core Seat (Starter), as detailed in the Core Seat (Starter) description of the Product & Services Catalog. 

(v) Removing Added Seats at Renewal. You may remove added Seats (i.e., Seats not included with your purchase of other Subscription Services) by first unassigning the User from the Seat, then removing it from your renewal; the change will be effective as of your next renewal date if you sign a new Order Form at renewal. Additionally, if you downgrade subscription tiers as permitted under the Agreement at renewal, you will lose access to the seats associated with your previous subscription.  

(vi) Removing Partner Seats. You can remove Partner Seats at any time with no impact on your renewal.  Customers are encouraged to review and update Partner Seats on a regular basis.  

 3.  MARKETING HUB (WITH MARKETING CONTACTS)

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 purchase any of our Marketing Contacts Products, the Marketing Hub terms in this section 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 Legacy Marketing Hub terms available at https://legal.hubspot.com/marketing-hub-legacy-terms apply to your subscription instead.

3.1  Marketing Hub (with Marketing Contacts)

The terms in this section apply to any purchase of the following products: Marketing Contacts Products as defined below.

3.1.1  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 General Terms available at https://legal.hubspot.com/terms-of-service.

3.1.2  Marketing Contacts Products Email Send Limit

You can find information regarding Subscription Fees, Tier Pricing, Email Send Limits, and more in the Product & Services Catalog. 

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.

3.1.3  Marketing Contacts Products Subscription Fees

The Subscription Fee for Marketing Contacts Products will remain fixed during the Current 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 Form.

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.

3.1.4.  Fee Adjustments

3.1.4.1 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 your Current 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 General 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.

3.1.4.2  Other Fee Adjustments.  For detail on renewal pricing, see the ‘Fees’ section of the General Terms.  We may choose to decrease your fees upon written notice to you.

3.1.5  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 your HubSpot account 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.

3.1.6  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 Services Catalog and your Order Form for details of any additional limits that apply to your Marketing Contacts Product subscription. 

3.1.7  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 Form. In order to avoid additional charges, you should purchase the appropriate tier of Subscription Service for your anticipated needs.

3.1.8  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 and Add-Ons to that Subscription Service that materially reduce the functionality provided to you during the Subscription Term.

3.1.9  Notice of Non-Renewal

Unless otherwise specified in your Order Form, 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.

3.1.10  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 will be Processed in accordance with our DPA.

For Marketing Hub Starter - Marketing Contacts, if you want to export Customer Data during your Subscription Term, you can retrieve Customer Data by following the instructions at the following knowledge base articles: "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."

We will provide reasonable assistance to you, at your cost, if you require any assistance to retrieve your Customer Data during the Subscription Term, and in accordance with the ‘Confidentiality’ section of the General Terms.
3.1.11  Legacy Marketing Hub Products

Notwithstanding anything to the contrary in the ‘Legacy’ section of the HubSpot General 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 Subscription Services that is not listed in the Product Specific Terms, then the Legacy Marketing Hub terms apply to your subscription.

3.1.12  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 Subscription Service with the Brand Domain Subscription Service.  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.

3.2 Ad Conversions

By using the Google Enhanced Conversions feature, one of the ad conversion tools offered by HubSpot, you authorize us to provide necessary data to Google in order to make this functionality available to you; you also agree to comply with Google’s Customer Data Policies available at https://support.google.com/adspolicy/answer/7475709?hl=en&ref_topic=7012636.

3.3 YouTube Integration

The Subscription Service uses YouTube API services. Your use of HubSpot's YouTube integration is subject to the YouTube Terms of Service available at https://www.youtube.com/t/terms and the Google Privacy Policy available at http://www.google.com/policies/privacy. 

4.  COMMERCE HUB

Customers can use Commerce Hub to create a payment experience with their buyers.

If you use Commerce Hub, which includes many features detailed in the Product and Services Catalog, you may also select a payment processing option to collect payments from your buyers.

If you use Stripe payment processing as your payment processing option, please note that Stripe payment processing is an additional service available, subject to the ‘Commerce Hub Platform Fees and Payment’ section and the Stripe Payment Processing Terms available at https://legal.hubspot.com/stripe-payment-processing-terms. 

If you use HubSpot payments as your payment processing option, please note that HubSpot payments is subject to the ‘Commerce Hub Fees and Payment’ section and the HubSpot Payments Terms of Use available at https://legal.hubspot.com/payments-terms-of-use. However, HubSpot payments is not a Subscription Service governed by our General Terms.  

4.1 Commerce Hub Fees and Payment.  

Since Commerce Hub is related to payment processing, your payments for Commerce Hub are based on a per-transaction basis rather than a subscription basis. Therefore, HubSpot does not collect Subscription Fees for Commerce Hub, and Commerce Hub will not be included in an Order Form. Instead of the ‘Fees’ section of the General Terms, this section and the linked terms included here describe the fees related to Commerce Hub, which excludes any Subscription Fees.

As it relates to Commerce Hub, a “Payment Processor” is a separate entity not affiliated with HubSpot, which provides its own technical services and processing of payments to you. The current Payment Processor for Commerce Hub is Stripe, Inc. ("Stripe"). For clarification, in each transaction enabled by Commerce Hub, HubSpot is not processing payments, and Stripe as Payment Processor provides those services directly to you.

If you choose to use Commerce Hub to create a payment experience, you agree to pay a use-based fee, as shown in the Product and Services Catalog, for each transaction processed with the Payment Processor (a “Platform Fee”) which will be collected from you by the Payment Processor, in addition to other fees applicable to Commerce Hub as detailed in the Product and Services Catalog. We reserve the right to change the Platform Fee and Processing Fees at any time, and will provide you with at least thirty (30) days’ prior notice of any increase, which may be given by email, in your HubSpot Account, or through any other means we reasonably determine.

4.2 Limits

Limits for Commerce Hub tools align with the limits that apply for those tools under your Subscription Services. For example, while e-signatures are packaged under Commerce Hub, they require a Sales Hub subscription and any limits outlined under Sales Hub will apply here too. Please refer to the Product and Services Catalog and your Order Form for details of any additional limits that apply to your use of Commerce Hub.

4.3 Modifications

We may make changes to Commerce Hub features that materially reduce the functionality provided to you during the Subscription Term.

5. OTHER HUBS

The terms in this Section apply to any purchase of our other Hub Subscription Services at any tier, and each is described further in our Product and Services Catalog.

As a reminder, if your Subscription Service includes Marketing Hub with Marketing Contacts, the 'Marketing Hub (with Marketing Contacts)' section also applies; or if your Subscription Service reflected in your Order Form includes our legacy Marketing Hub, the Legacy Marketing Hub terms  apply. 

5.1   Subscription Fees

The Subscription Fee for the Subscription Services will remain fixed during the Current Term unless you: 

(i) exceed applicable limits (see the ‘Limits’ section below), 

(ii) upgrade Subscription Services or base packages, 

(iii) subscribe to additional features or Subscription Services, or 

(iv) unless otherwise agreed to in the Order Form.

5.2  Fee Adjustments

For details on renewal pricing, see the ‘Fees’ section of our General Terms.

5.3  Limits

For our Subscription Services and paid Add-Ons,  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 Form for details of any additional limits that apply to your Subscription Services.

5.4  Downgrades

You may downgrade your Subscription Services  at your next renewal date if you complete a new Order Form.

5.5  Modifications

We may make changes to the Subscription Services and Add-Ons that materially reduce the functionality provided to you during the Subscription Term.

5.6  Non-Renewal Notice Period

Unless otherwise specified in your Order Form, to prevent renewal of your Subscription Services or paid Add-Ons, you or we must give written notice of non-renewal, which must be received before the next renewal period begins. 

5.7  Retrieval of Customer Data

If you want to retain or export Customer Data during your Subscription Term, you can retrieve Customer Data by following the instructions at the following knowledge base articles: "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."

We will provide reasonable assistance to you, at your cost, if you require any assistance to retrieve your Customer Data during the Subscription Term, and in accordance with the ‘Confidentiality’ section of the Terms of Services. 

We strongly recommend retrieving your Customer Data prior to the end of your Subscription Term; for the other Hub Subscription Services we will not provide you with any access to Customer Data after termination or expiration of your Subscription Term.

5.8  Sales Hub

The terms in this Section also apply to any purchase of Sales Hub:

5.8.1 Documents. Files that you upload using the ‘Documents’ feature are stored by us and shared with other users of your HubSpot Smart CRM team

5.8.2 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 refer to this knowledge base article at https://knowledge.hubspot.com/email-tracking/how-do-i-uninstall-hubspot-sales. 

5.8.3 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.

5.8.4 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.  

5.9  Operations Hub

The terms in this Section also apply to any purchase of Operations Hub:

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 two-way and historical Customer Data syncing features described in the Product and Services Catalog.

6. OTHER SERVICES
6.1 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. 

6.1.1  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.

6.1.2  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.

6.1.3  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.

6.2 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.  If you use the WhatsApp Business Messenger, this section applies to you, in addition to the WhatsApp Business Messenger terms below. 

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.  

6.3  HubSpot Directory and Community

If you use the HubSpot Directory (as defined in the HubSpot Marketplace Terms of Use), you agree to comply with the HubSpot Marketplace Terms of Use available at https://legal.hubspot.com/marketplace-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.

6.4  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 in HubSpot Academy 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 for HubSpot Academy.

6.5  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 Smart 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. 

6.6  Calling 

You agree to comply with all applicable laws, rules and regulations when using HubSpot's calling tool. Your use of the calling tool within the Subscription Services is limited to the number of minutes included in your Subscription Service.  We do not guarantee the availability of our calling feature in any or all geographical areas. If you are interested in obtaining a list of countries to which we currently offer 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 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.

Please note, we do not guarantee the availability of this feature in any or all geographical areas where calling is offered. Your use of this feature may, from time to time, be affected by full or partial outages.

6.7  Call Recording

You agree to comply with all applicable laws, rules and regulations relating to the recording of phone calls or other electronic communications. You also agree to obtain  proper consent to record phone calls prior to making any recordings as required by applicable law. While the HubSpot call recording 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 this tool to record your calls or to import call recordings from another source. You agree to be responsible for any content and communications exchanged on calls. You represent and warrant that you have obtained all necessary rights to share such content and communications with us and allow us to process and use them to provide the Subscription Service to you.

6.8 Texting

You are responsible for all compliance obligations related to applicable laws, rules and regulations relating to texting communications (also known as SMS texting) when using the Subscription Services.  For the avoidance of doubt, you are responsible for your compliance with regulations and carrier requirements, including those relating to marketing and data privacy; in the event your messaging carrier assess a penalty associated with your account or related to your use of the Subscription Services, your invoice will reflect any applicable third-party carrier penalties as a pass through cost.  You may work with your carrier directly to dispute any penalties.  For your convenience, you can find additional information in the "Set up SMS messaging in HubSpot" knowledge base article. 

Please note, we do not guarantee the availability of this feature in any or all geographical areas where this functionality is offered. Your use of this feature may, from time to time, be affected by full or partial outages.

To use SMS for Marketers, a Contact must be set as a Marketing Contact before being eligible to receive an SMS.

6.9 WhatsApp Integration

The terms in this Section apply to your use of our WhatsApp integration by connecting your WhatsApp Business account to HubSpot. If you connect your WhatsApp Business account to HubSpot, you also agree to WhatsApp’s Business Solution Terms available at https://www.whatsapp.com/legal/business-solution-terms/.

If you connect your WhatsApp Business account to HubSpot, (i) you agree that Meta Platforms, Inc. (“Meta”) will function as a Sub-Processor under the DPA, and (ii) if your Customer Data is hosted outside of the United States, you agree Meta will be an Exclusion as detailed in the HubSpot Regional Data Hosting Policy available at https://legal.hubspot.com/hubspot-regional-data-hosting-policy. 

Please note, we do not guarantee the availability of this feature in any or all geographical areas where WhatsApp is offered. Your use of this feature may, from time to time, be affected by full or partial outages caused by WhatsApp and/or Meta. While we do not assume any responsibility for the results of these outages, we will investigate them in a timely manner to the extent feasible. HubSpot may notify you of these outages at its sole discretion, but is not obligated to do so.

6.10  Beta Services

If we make beta access to some or all of the Subscription Service (the “Beta Services”) available to you (i) the Beta Services are provided “as is” and without warranty of any kind, (ii) we may suspend, limit, or terminate the Beta Services for any reason at any time without notice, and (iii) we will not be liable to you for damages of any kind, except in respect of losses that cannot be legally limited or excluded under law, related to your use of the Beta Services.

For all Beta Services, the HubSpot Beta Terms available at https://legal.hubspot.com/hubspot-beta-terms also apply. If we inform you of additional terms and conditions that apply to your use of the 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 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.

6.11  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. AI PRODUCTS

We may offer products, features, or tools as part of the Subscription Services that are powered by artificial intelligence, machine learning, or similar technologies (collectively, "AI Products"). The terms in this section govern your use of the AI Products within the Subscription Services. They do not apply to the use of any Third-Party Products or Third-Party Sites that are powered by artificial intelligence, machine learning, or similar technologies.

The AI Products may be provided to you as a Beta Service, and if so, the HubSpot Beta Terms available at: https://legal.hubspot.com/hubspot-beta-terms also apply. Some of the AI Products in your account may be toggled on or off by default; you can adjust these settings at any time in your account. Additional information is available in the HubSpot Knowledge Base and the HubSpot AI Products FAQ available at https://legal.hubspot.com/pst-ai-faq, which is not incorporated into the Agreement but provided for your reference.

7.1 Input and Output

You are responsible for any text, images, or other content you upload or submit to the AI Products (“Input”) as well as the text, images, or other content generated by the AI Products based on your Input (“Output”). You will ensure that your use of the AI Products, including Input and Output, complies with our Agreement and with applicable law. You acknowledge that (i) except to the extent it is Customer Data (as defined in the HubSpot Customer Terms of Service), Input will not be treated as Confidential information, therefore, you should not include any data or information in your Input that you’re restricted from using or sharing (for example, third party confidential information); (ii) Output will not be Confidential Information, also except to the extent it contains Customer Data); and (iii) Output may not be accurate or reliable and that you should independently review all Output before using or sharing it.

7.2 Ownership and Rights

Between you and HubSpot, you retain all rights you may have to use and exploit your Output and we retain all ownership in and to the AI Products, including but not limited to all algorithms or models and aggregated results of developing the AI Products. This means you can use your Output for any lawful purpose, including commercial purposes such as sale or publication, in accordance with the Customer Terms of Service (including these Product Specific Terms).

You acknowledge that Output may not be unique across users and that the AI Products may generate the same or similar Output for you or a third party. For example, you may provide Input into an AI Product such as “What color is the sky?” and receive responses such as “The sky is blue.” These responses are not unique to you and you may not claim ownership in them.

7.3 AI Service Providers

We provide some elements of the AI Products through third party service providers (“AI Service Providers”). You acknowledge that your Input and Output, including Customer Data, will be shared with and processed by our AI Service Providers, to enable your use of our AI Products, for content moderation, and other business purposes consistent with this Agreement.

You may not use the AI Products in a manner that violates any terms or policy of any AI Service Provider. 

7.4 Availability and Modifications

We do not guarantee the availability of the AI Products in any or all geographical areas. Notwithstanding anything to the contrary in this Agreement, any production downtime impacting the AI Products that results from a failure of a third party service provider will not be included in the Service Uptime Commitment.

Notwithstanding anything to the contrary in our Terms of Service or these Product Specific Terms, we may make changes to the AI Products that materially reduce the functionality provided to you during the Subscription Term or change the limits that apply to you at any time in our sole discretion. 

8. SERVICE UPTIME COMMITMENT

8.1 For the purposes of this 'Service Uptime Commitment' section, the following definitions will apply:

"Downtime" means a critical full outage/severe issue that constitutes a catastrophic problem causing 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 Subscription Service resulting from telecommunications or internet service provider failures outside of our datacenter as measured by our third party website availability monitoring provider; (iv) any interruption or unavailability resulting from the misuse, improper use, alteration, or damage of the Subscription Service; and (v) unavailability while we perform maintenance on the Subscription Service when necessary, in HubSpot’s sole, reasonable discretion.

"Service Uptime" means (total hours in calendar month - Excluded duration  - Downtime duration) / (total hours in calendar month - Excluded duration  ) x 100% = Service Uptime.

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 Service Uptime 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%.  The credit will 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 in which HubSpot did not meet the Service Uptime of 99.95%. 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, your Users with a paid Seat can select from support options available in-app, at no additional cost. If you pay us a Subscription Fee for our Professional or Enterprise edition products or if indicated in the Product and Services Catalog, phone and in-app support is included at no additional cost for Users with a paid Seat. 

9.1  Phone Support

Phone support for Professional or Enterprise edition subscriptions is available from 8pm Sunday to 8pm Friday EST (Eastern Standard Time). Please note, these hours may be reduced from time to time, including i) during recognized holidays in applicable HubSpot entity locations; and ii) in all locations during HubSpot’s company-wide designated week of rest. 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 going to our help page 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.

Similarly, if you have a View-Only Seat, you may contact your internal HubSpot account administrator for access to a paid Seat, or you may leverage the support available through the HubSpot Community available at community.hubspot.com.