November 2016 Revisions to the TOS

davidjosephhunt
HubSpot Employee

HubSpot recently updated the July 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.

 

This time around, you’ll see we reorganized our TOS into six main sections, in an effort to make them easier for users of our service to review and understand.  We’ve provided short descriptions of each of these six sections at the beginning of the TOS to give an overview of what’s where.  That said, you’ll see a bunch of terms and sections have been relocated, removed or consolidated related to this update.  But, most of the conceptual changes we’ve made are pretty minor - keep reading below for more on these changes.

 

A key part of this reorganization of our TOS includes bucketing our products into subscription types.  So you’ll see some new terms added throughout the TOS, like ‘Full Service Subscription’ and ‘Limited Service Subscription’.  We’ve also added some product-specific references where applicable to make it easier to understand what terms apply to which product.  It’s our hope that these changes will make our TOS easier to read and digest.  

 

Now, for some more detail:

 

Since you can activate some of our products from within your HubSpot portal, we’ve updated the ‘Additional Features’ section to cover those activated products.

 

We’ve generalized some of the restrictions that used to apply only to our Sales product, so that they now apply to all products.  For example, we now say in the ‘Prohibited and Unauthorized Use’ section that you cannot use the Subscription Service if you’re legally prohibited from receiving or using it.  We also call out that it’s not designed to comply with certain industry-specific regulations (such as FISMA) and that you cannot use data from the Subscription Service in legal proceedings.  Check out this section for all the details.

 

There’s now a new section where we reference the terms that apply to use of the HubSpot Directory and Hubspot Community.  Lots of good reading there.

 

In the ‘Term and Renewal’ section, we mention that if you add products during the Subscription Term, the fees will be pro-rated and they will renew along with your subscription, unless we otherwise agree in your Order.  We call out in the ‘No Early Termination; No Refunds’ section that we don’t provide refunds if you decide to stop using your HubSpot subscription during the Subscription Term.

 

We’ve added in the ‘Termination for Cause’ section that we can terminate the agreement for cause on 30 days notice if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers.  We also state in the ‘Suspension and Termination of Free Services’ section that we may terminate your subscription to the Free Services due to your inactivity.  

 

In the ‘Limits’ section we’ve generalized that you must be 18 years of age (or 20 years of age, if you are subject to the laws of Japan) or older to use the Subscription Service.  This restriction previously applied to our Free Services only.

 

We’ve updated our ‘Customer Support’ terms to include our current support offerings, which depend on your subscription type.  For those of you using our Full Service Marketing Products, you’ll be happy to see that we’ve updated the support hours to expand them quite a bit. You’ll want to give this section a read for all the info.

 

The ‘Notice of Non-Renewal’ section has been updated to reflect the ways notice of non-renewal can be provided by you, if you decide you don’t want to renew your subscription.

 

With the announcement of our Marketing Free and Starter products (and the related re-branding of our Leadin product to Marketing Free), you’ll no longer see Leadin mentioned in our TOS.  We’ve updated our ‘Sales Product Data Use’ section to inform you that if you use our Outlook Add-in, the Sales product will scan the content of your outgoing emails to identify which emails you’ve elected to track in order to provide you with the notifications feature.

 

Added to our ‘Limits on HubSpot’ section is that if you have engaged with a partner of ours that participates in our Agency Partner Program, we may make information related to your subscription available to your partner for the purposes of managing and improving the HubSpot Agency Partner Program.

 

In our ‘EU/EEA Data Processing’ section, we’ve made some updates related to our EU-U.S. Privacy Shield commitment and confirmed that customers using the Full-Service and/or Limited Service Subscription, and are located in the European Union or the European Economic Area, can enter into a Data Processing Agreement with us, if needed.

 

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

 

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.

 

Questions? Let us know!

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