Last Modified: January 16, 2020
PLEASE READ THESE CUSTOMER TERMS OF SERVICE CAREFULLY.
If you are a U.S. local, state or federal government entity that uses the HubSpot products or services (a “Government Customer”), then these HubSpot Government Customer Additional Terms apply. These terms amend the Customer Terms of Service and will control in the event of a conflict with the Customer Terms of Service. We may update or change these terms in the same way as we can our Customer Terms of Service as we describe in the ‘Amendment; No Waiver’ section of our Customer Terms of Service.
These terms apply to the extent required by applicable law.1. Government Customer Purpose
Government Customer may only use the Subscription Service and Consulting Services for a governmental-related purpose. These terms will not apply in the event the Subscription Service and/or Consulting Services are used for any private, personal, or non-governmental-related purpose.2. Indemnification
Government Customer's obligations in the ‘Indemnification’ section of the Customer Terms of Service will only apply to the extent permitted by applicable law.
3. Limitation of Liability
The 'Limitation of Liability' sub-section in the ‘Disclaimers; Limitations of Liability’ section of the HubSpot Customer Terms of Service applies to the extent permitted by applicable law. The following sentence is also added to the end of the 'Limitation of Liability' sub-section in the ‘Disclaimers; Limitations of Liability’ section of the HubSpot Customer Terms of Service, or to the amended ‘Limitation of Liability’ section in the HubSpot Additional Coverage Terms available here, if applicable: “ALSO PROVIDED HOWEVER, THIS LIMITATION SHALL NOT APPLY TO EITHER PARTIES’ LIABILITY ARISING FROM ITS NEGLIGENCE THAT RESULTS IN BODILY INJURY, DEATH, OR DAMAGE TO TANGIBLE PROPERTY.”4. Contracting Entity and Applicable Law
The ‘Contracting Entity and Applicable Law’ section of the Customer Terms of Service is revised to read as follows:
You are contracting with HubSpot, Inc. and this Agreement is governed by the laws applicable to you as a Government Customer, or if no such laws are specified, then the laws of the Commonwealth of Massachusetts, U.S.A., without reference to conflicts of law principles. Government Customer agrees that we have standing and privity of contract to bring a claim directly against Government Customer in a court or body of competent jurisdiction.