October 2020 Revisions to our Customer Terms of Service

mgeraghty
HubSpot Employee

As part of this update, we've made changes to our Master Terms, our Product Specific Terms and our Jurisdiction Specific Terms.

 

Master Terms Updates

 

We’ve made a couple of changes to the Sept 1, 2020 version of the Master Terms, which form part of the HubSpot Customer Terms of Service and we wanted to give you some info on what's changed.  Archived versions of the Master Terms are available here for your reference.

 

We’ve updated the definition of “Add-On” to account for a naming convention change within HubSpot. The definition now includes reference to ‘Limit Increases’ and ‘Capacity Packs’ which you’ll see referenced on our Product and Services Catalog.

 

We’ve updated the ‘Amendment/No Waiver’ section of our Master Terms (section 11.1) to clarify that if you have an objection, and where we’ve allow you to continue on the previous version of the terms, upon renewal of your subscription, the updated terms on our website will apply.

 

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 Specific Terms Updates

 

We’ve updated the April 2020 version of the Product Specific Terms (PST), which form part of the HubSpot Customer Terms of Service and we wanted to give you some info on what's changed.  Archived versions of the PST are available here for your reference.

 

You may be aware that HubSpot announced a new pricing model for Marketing Hub at INBOUND in September 2020, known as Marketing Contacts. You can read more about Marketing Contacts here. As a result of this exciting news, we’ve had to add some new provisions to our PST. These new provisions set out the terms that apply to your Marketing Hub - Marketing Contacts subscription. You’ll find these new terms at section 2.1 of the PST. Marketing Contacts will be available to all new Marketing Hub customers on October 21, 2020. 

 

You should read the terms in full if you’re planning to purchase one of our Marketing Contacts products, but here are some of the highlights:

 

  • Marketing Hub customers with Marketing Contacts pricing can designate whether a contact in their portal is a ‘Marketing Contact’ or a ‘Non-Marketing Contact’. Marketing Contacts are contacts that are able to receive marketing emails and be targeted with ads, and are designated as Marketing Contacts in your HubSpot account.
  • Customers of our Marketing Contacts Products will only pay for the contacts to which they want to send marketing emails and target ads, and they can store up to one million Non-Marketing Contacts for free. 
  • Customers of our Marketing Contacts Products will be charged immediately if they exceed their contact tier limit but will also receive notifications to let them know they’re approaching this limit.
  • Customers of our Marketing Contacts Products will be permitted to downgrade their subscription at renewal if they sign a new Order.
  • If Marketing Contacts customers reach their Email Send Limit, they may not be able to send any more emails. The Email Send Limits for Marketing Contacts Products are as follows: For Marketing Hub Professional - Marketing Contacts, the Email Send Limit is equal to ten (10) times the Maximum Contacts number per month. For Marketing Hub Starter - Marketing Contacts, this limit is equal to five (5) times the Maximum Contacts number per calendar month.  
  • We recommend you check Section 2.1.3 to understand all the instances where your subscription fee might increase.
  • Marketing Contacts customers can change their contacts from Non-Marketing to Marketing Contacts at any time. We allow them 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.
  • Importantly, if you’re a customer switching from one of our Marketing Hub Products with legacy contacts pricing to one of our Marketing Contacts Products, all of your 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.

Again, you should ensure you read all the terms in full if you plan to purchase one of our Marketing Contacts Products.

 

Existing Marketing Hub customers will have the option on renewal to either (i) renew their then-current 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 current pricing model, the Marketing Hub terms in Section 2.2 below will apply to your subscription. Other than drafting clean-ups, clarifications and formatting improvements, there are no material changes to the terms that apply to the Marketing Hub products with legacy contacts pricing.

 

Jurisdiction Specific Terms Updates

 

We’ve replaced much of the text in the ‘Contracting Entity; Applicable Law; Notice’ section of the April 2020 version of our Jurisdiction Specific Terms with a table, to improve readability and usability of our terms. We hope the table will help you locate the contracting entity, governing law, address for notices and venue/courts that apply to your subscription easily and quickly. There are no material changes to these terms however.

 

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

 

Questions? Let us know!

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