Community Post - May 2019 Revisions to our Legal Agreements and Policies

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Terms of Service Updates

 

HubSpot recently updated the November 2018 version of the HubSpot Customer Terms of Service (a.k.a. the TOS) and we wanted to give you some info on what's changed. Archived versions of the TOS are available here for your reference.

 

Customers who have subscriptions to Sales Hub Professional, Sales Hub Enterprise, Service Hub Professional or Service Hub Enterprise products will not be decreased below the number of Paid Users purchased. Additionally, we will no longer automatically adjust your number of Paid Users to the number of Users actually assigned at renewal.  Please review the 'Subscription Fees,' 'Fee Adjustments at Renewal,' and 'Downgrades' sections for additional detail.

 

We’ve explained that if you don’t provide us with a VAT registration number prior to your transaction being processed, we won’t be able to issue refunds or credits for any VAT that was charged. You’ll find this change in our ‘Sales Tax’ section.

 

You’ll see references to our Product Privacy Policy in this latest version of our TOS. You can read more about the new Policy below.

 

You’ll see that in our ‘Prohibited and Unauthorized Use’ section, we’ve made some changes regarding your use of data from the Subscription Service in legal proceedings.

 

We’ve updated our ‘Customer Support’ section, to clarify that if you pay us a Subscription Fee for our Starter edition products, email and in-app support is included at no additional cost.

 

We’ve changed our ‘Jurisdiction Specific Terms’ section such that our customers in Liechtenstein will now be contracting with HubSpot Germany GmbH under German laws and our customers in France will be contracting with HubSpot France S.A.S. under French laws. 

 

For those customers contracting with HubSpot France S.A.S, you’ll also want to check out the updates in our new ‘France' section in the ‘Jurisdiction Specific Terms’ part of our TOS.

We’ve revised the ‘Termination for Cause’ and 'Limitations of Liability’ sections based on what types of rules apply to contracting in France. You’ll want to have a read through each of those sections for all the detail.  

 

Finally, as we usually do when we update the TOS, we’ve made some drafting clean-ups, clarifications and formatting improvements.  Some of these updates were made to help provide a clearer description of the intent of the terms or to make the terms easier to review.

 

Product Disclosures Page

 

Some sections on our Product Disclosures page (which is incorporated into our TOS by reference) have been moved over to our new Product Privacy Policy. You can read more about the new Policy below.

 

Privacy Policy Updates and our new Product Privacy Policy

 

We’re pleased to introduce a new Product Privacy Policy, which is specifically for users of our products. This change was made primarily to clarify how we process different types of data as a controller and as a processor for our customers.

 

  • The Product Privacy Policy applies to the data HubSpot processes on behalf of our customers as a data processor.
  • The Privacy Policy will cover how we collect and use data as a controller (for example, the data we collect and use for our own marketing and sales efforts).

The Product Privacy Policy explains how various parts of the HubSpot platform interact with your data. The policy also adds more detail to some of the disclosures we surface in-app when you integrate other services. As part of verifying compliance with Google’s API Data Use Policy, we have included information about how the product uses, stores, or shares Google user data.

 

As for modifications to the Privacy Policy, no substantive changes have been made to the how we collect and process data as a controller. Rather, we’ve simply moved any product-related text over to the product-specific policy and helped clarify our data privacy and protection practices.

 

Agency Partner Program Agreement Updates

 

HubSpot recently updated the May 2018 version of the HubSpot Agency Partner Program Agreement in line with our efforts to streamline our payment processes. If you are one of our Agency Partners, these changes will apply to you.

 

Partners will receive one payment per quarter and that payment will be made from the subsidiary the partner is associated with and in the local currency of that subsidiary. Partners will only receive payments by wire transfer and no longer by checks. Revenue Share payments will be delayed until the aggregate revenue share payment exceeds US$100. We have also updated the deadline for partners to submit their paperwork in order for the partner to be included in the quarterly payment cycle.

 

Finally, Agency Partners will forfeit Revenue Share payments if we have attempted and failed to pay you your Revenue Share at least twice. This is a friendly reminder to keep your payment information up to date if you’re an Agency Partner.

 

And that’s it! Please remember that this is just an informal high-level summary of the most recent changes to these legal documents, and that you should always make sure you’ve read and understand the full agreements and policies before you use our software or services.

 

Questions? Let us know!

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