HubSpot recently updated the November 2016 version of the 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.
In the ‘Definitions’ section, we’ve updated the definition of ‘Company Data’ to ‘Crowdsourced Data’ and included some additional clarity on what we mean when we use this term, in an effort to make it easier to understand. We’ve also expanded the definition of ‘Confidential Information’ so that it now calls out Customer Data as being confidential, among other additions. Finally, we’ve added some clarifications to the definition of ‘Sensitive Information’ which also includes passwords now. You’ll want to check out each of these definitions for all the detail.
In the ‘Access’ section we now note that we may provide you with access to use our Free Services at any time by activating them in your HubSpot portal.
In the ‘Consulting Services’ section we’ve included that if there isn’t an Expiration Period or Delivery Period indicated for one of our Consulting Services, it will default to 180 days from purchase.
One of the more significant changes this time around is in our ‘Fee Adjustments in Next Billing Period’ section, and we think our customers will like this update. In this section, we now provide increased transparency into when we review the Contact tier for the next Billing Period, and we cover that we allow folks to reasonably manage the number of Contacts. This should be a welcome change because in the prior version of the TOS, we used the maximum number of Contacts from the prior Billing Period and didn’t have terms that would permit folks to manage their Contacts. This section has a bunch more info about our current terms, so be sure to check this one out.
In the ‘Effect of Termination or Expiration’ section, we call out that if your paid subscription is terminated or expires, we may choose to continue to make our Free Services available to you, and that you will continue to be subject to this Agreement for as long as you have access to a HubSpot portal.
The ‘Subscription Types’ section includes some minor updates on which products may qualify as Limited Service Subscriptions and Free Subscriptions.
Another change we expect our customers will welcome is in the ‘Notice of Non-Renewal’ section. In this section, customers that want to prevent renewal of a Full-Service Subscription (like, Marketing Basic, Pro or Enterprise, for example) can give their notice of non-renewal any time during the Subscription Term, as long as it’s provided at least 45 days before the end of the Subscription Term. In the prior version of the TOS, this window to provide notice of non-renewal was much narrower, so this gives our customers increased flexibility.
With the opening of our Berlin office (yay!), we’ve made some changes to the ‘Contracting Entity and Applicable Law’ section. With these changes, those customers located in the DACH Region (as we define in our TOS) contract with HubSpot Germany GmbH and, in that case, TOS is governed by the laws of Germany, as we specify in this section. These customers contracting with HubSpot Germany GmbH will also have those provisions now included in the ‘Jurisdiction Specific Terms’ for Germany apply.
Finally, as we usually do when we update the TOS, we 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.
Well, that’s that! Please remember that this is just an informal, high-level summary of the most recent changes to the TOS, and that you should always make sure you’ve read and understood the complete TOS before you use our software or services.