·Legal Center

·HUBSPOT PRIVACY POLICY

·Last Modified: September 16, 2026

·HubSpot Privacy Policy

·HubSpot is committed to protecting your privacy. This Privacy Policy applies to the personal data we collect and process in the course of our business. HubSpot acts in different ways when processing data:

·(i) HubSpot acts as a controller of your personal data when you sign up for our products and services, visit our websites or interact with us through other channels (for example in person events). We use this data for a variety of purposes, including to provide our products and services to you, contact you about relevant content, and improve and promote our products and services.

·(ii) HubSpot acts as a processor when our customers use our products and services to collect and process personal data in connection with their sales, marketing, and other business activities. In this case, we act as a processor (or service provider) on behalf of our customers (who are controllers of personal data) under the HubSpot Data Processing Agreement included in the Customer Terms of Service.

·(iii) HubSpot also acts as a controller when we collect and process personal data about individuals in their professional capacity, and make that information available to customers for their own sales, marketing, and other business activities. This includes personal data we may collect indirectly about you, such as from publicly available sources, our customers, or other third parties. For more information see the "What Information We Collect and Process" section.

·For the purposes of this Privacy Policy "Personal Data" means any information relating to an identified or identifiable individual. This Privacy Policy describes your choices and rights with respect to your Personal Data, including your rights of access and correction.

·(i) For information about how to exercise your privacy rights when HubSpot acts as a controller of personal data, please see the "Your Privacy Rights and Choices" section.

·(ii) To opt out and delete your personal data from our commercial dataset of professionals, please fill out this form.

·(iii) If you wish to exercise your privacy rights regarding Personal Data we process on behalf of a customer, please refer to the customer policies and contact the customer directly.

·We update this Privacy Policy from time to time and encourage you to review this Privacy Policy periodically. We will post any Privacy Policy changes on this page and, if the changes are material, notify you directly (for example, by sending you an email notification). Terms not otherwise defined in this Privacy Policy have the meaning given to them in the HubSpot Customer Terms of Service.

11. What Information We Collect and Process 2. How We Use Personal Data 3. How We Share Personal Data

44. How We Transfer Personal Data Internationally

55. How We Store and Secure Personal Data 6. Cookies and Similar Technologies 7. Your Privacy Rights and Choices 8. California Privacy Rights 9. Other Important Privacy Information 10. Google Integrations 11. Contact Us

11. WHAT INFORMATION WE COLLECT AND PROCESS

1.11.1 Information You Provide to HubSpot. When you interact with us, including via our websites or any sites or services that link to this Privacy Policy (such as HubSpot.com, the Hustle.co, etc.), with our representatives, at events, or when you use the Subscription Service, we may collect Personal Data and other information from you, as further described below.

1.1.11.1.1 When You Visit Our Websites. We collect Personal Data from you when you submit web forms or interact with our websites, for example by subscribing to a HubSpot blog, engaging with our chatbots, signing up for a webinar, subscribing to one of our services or requesting customer support. We may ask for your email address, first and last name, job title, and other similar business information. You are free to explore some of our websites without providing any Personal Data about yourself.

1.1.21.1.2 HubSpot Events. When you register for any HubSpot event, we collect information such as name, address, phone number, and email address. We use this information to communicate with you and in some cases facilitate your registration. Additionally, we may share your registration data with event service providers in order to provide event information and improve your experience at the event or future HubSpot events. Please see the event's registration terms and conditions for additional information.

1.1.31.1.3 Account and User Information. We collect Personal Data when you sign-up for a HubSpot account, create or modify user information, set preferences, or provide any other related information to access or utilize our Subscription Service.

1.1.41.1.4 Payment Information. We collect payment and billing information when you register for or purchase paid products or services. For example, we may ask you to provide a billing address, or a billing contact for your HubSpot account. If you give us payment information, we use it solely as authorized by you in accordance with this Privacy Policy. We use secure third-party payment service providers to process personal and financial data.

1.1.51.1.5 Testimonials. We may post testimonials and comments on our websites, which may contain Personal Data. 1.2 Information We Process on Behalf of Customers When They Use the Subscription Service.Our product, or the Subscription Service, allows our customers to create and share marketing, sales and customer service content. When customers use our product, they may process Personal Data such as first and last name, email address, physical address, phone number, or other information about you. We call the information that our customers submit or collect via the product 'Customer Data' under our Customer Terms of Service.We generally store and process information about and on behalf of our customers on our servers as a processor (or service provider) based on a customer's instructions and in accordance with our Customer Terms of Service. Each customer controls and is responsible for the information they process using the Subscription Service and for complying with any regulations or laws that require providing notice, disclosure, and/or obtaining consent prior to transferring the Personal Data to HubSpot for processing purposes.If you have questions about the Personal Data we process on behalf of a customer, please contact the customer directly and refer to their policies.

1.31.3 Information We Collect and Process When You Use the Subscription Service.

1.3.11.3.1 Usage Data. We collect usage data when you or your users in your HubSpot account interact with the Subscription Service. Usage data includes metrics and information regarding your use and interaction with the Subscription Service such as what product features you use the most, when an object (like a ticket) is opened and closed, and how often certain features (like workflows) are triggered in your account.

·We engage third party providers to collect usage data. For more information about how we protect your information with these service providers, please see the "How We Share Personal Data" section.

1.3.21.3.2 Mobile. When you access or use the Subscription Service via our mobile applications, we automatically collect information such as your device model and version, operating system, or device identifiers.

1.3.31.3.3 Log Files. Like most websites and technology services delivered over the Internet, we automatically collect and store information about your computer hardware and software when you visit our websites, use our product and services, or visit other sites or services that link to this Privacy Policy. This information can include your IP address, browser type, domain names, internet service provider (ISP), and the files viewed on our websites (e.g., HTML pages, graphics, etc.), the files viewed on our, or our customer's websites (if those websites are hosted on HubSpot e.g. HTML pages or, graphics etc.), your operating system, access times and referring website addresses.

·When you use the Subscription Service, we collect and store the categories of information listed above in logs in the following instances, subject to the customer's implementation settings:

·(i) when a HubSpot User logs into their account and accesses tools in the HubSpot Platform;

·(ii) when an individual visits a customer's website, if the website is hosted by our product and services; or

·(iii) when an individual visits a customer's website, if the customer's website is self-hosted, if the customer uses our plug-ins, and the customer uses HubSpot scripts and content (such as embedded forms).; or

·(iv) third-party features and content from other companies.

·Our websites may include features and widgets (such as the share and/or "like" button or interactive mini-programs) that run on our websites. These features may collect your IP address, which page you are visiting on our sites, and may set a cookie to enable the feature to function properly. These features and widgets are either hosted by a third party or hosted directly on our websites.

1.3.41.3.4 Third Party Integrations. You may connect third party integrations to your HubSpot account, which may ask for certain permissions to access data or send information to your HubSpot account. It is your responsibility to review any third party integrations you authorize. We may collect information about what types of integrations you use in your HubSpot account.

·Any permission(s) granted by you, grants these third parties access to your data, which may include (but is not limited to) granting third party applications access to view, store, and modify your HubSpot account data. We are not responsible for the practices of third party integrations, so please carefully review the permissions you grant to third party applications.

·HubSpot Terms Tip: For more information on integrations with third party providers, please see the "Connect apps to HubSpot" knowledge base article.

1.41.4 Information We Collect From Other Sources.

1.4.11.4.1 HubSpot Partners. We may receive information about you, or Users of your HubSpot Account (if applicable), from our global network of partners. We may receive this data through a number of ways, including through our deal and lead registration processes.

·We may also collect information about you through our partner co-marketing partnerships. For example, you may sign up to a webinar or download a white paper published by HubSpot and a HubSpot co-marketing partner. You can read more information about our co-marketing program at https://www.hubspot.com/co-marketing-request-form. For more information about how we share data with our partners, review the "Partners" subsection of the "How We Share Personal Data" provision of this privacy policy.

1.4.21.4.2 Third Parties. We may receive information from third party service providers, from related companies, and from our business and solution partners.

1.4.31.4.3 Personal Data from Different Sources. We may collect Personal Data about you from other sources, such as third party providers and publicly available sources (like social media platforms). This may include physical mail addresses, job titles, email addresses, phone numbers, IP addresses, and social media profiles. This helps us to update and improve our products, services, and records, identify new customers, create more personalized advertising, suggest products and services that may interest you, deliver personalized communications, and promote events.

1.4.41.4.4 Other HubSpot Companies and Affiliates. We may receive information about you from other companies that are owned or operated by HubSpot.

1.51.5 Information We Collect and Process in Connection with Our Enrichment Products. HubSpot collects business contact and similar professional data from various sources, including publicly available sources, third party providers, and customers who use our enrichment products. This information powers our commercial dataset. We provide information from our commercial dataset to customers who choose to use enrichment products within the Subscription Services as part of their sales, marketing, and other business activities.

·If you'd like to remove your Personal Data from our commercial dataset, complete and submit this form. For more information about how to exercise your privacy rights and choices, please see the "Your Privacy Rights and Choices" section for more information.

1.61.6 Information We Collect and Process via the HubSpot Tracking Code. Our Customers may install the HubSpot Tracking Code on their website to collect information about website visitors. HubSpot uses information collected by the tracking code, such as IP addresses and online identifiers, to improve our products and services, including our commercial dataset. We store information about website visitors on our servers and process this data for our own purposes as a controller. 2. HOW WE USE PERSONAL DATA

2.12.1 To Communicate with You About the Product and Services. We use the account information you provide to HubSpot when signing up for our products and services, to send you transactional emails or in-app notification about billing, account management, and other administrative matters.

·We also use your information to recommend new products and services and to provide customer support, such as resolving technical issues you encounter and analyzing product outages or bugs.

·If you use the HubSpot mobile applications, we may send you push notifications from time to time in order to update you about events and promotions. If you no longer wish to receive such communications, you may turn them off at the device level.

2.22.2 To Provide the Subscription Service. We use your account information and Customer Data to provide the product and services to you. For example, we use the email address you provide when signing up for the product to create your user account, and we use your payment information to process payments for paid use of the Subscription Service. We also use this information to authenticate you when you log in and to provide customer support.

2.32.3 To Improve and Develop Our Communication, Product and Services. We use the information you provide us, professional data, log files, and usage data about how you or your users interact with our product and services to develop and improve our products, services, and communications. For example, we use usage data to assess trends and usage across the product to help us determine what new features or integrations our users may be interested in.

·When you use our products and services we may process personal data to develop, support, and improve HubSpot AI features and to train our AI models and similar products and services that rely on machine learning.

·We may publish data about how our product and services are being used across our customer base. When we share statistical information externally in this way, the data will be aggregated and we will not identify individual users or customers. For example, we may publish blog posts on trends or insights into how users are interacting with our product.

2.42.4 To Secure and Protect our Product and HubSpot Users. We use your account information to investigate and help prevent security incidents. We may also use this information to meet legal requirements. We use your information to verify user accounts, new product sign-ups, and to detect and prevent product abuse. This includes enforcing our Acceptable Use Policy.

·We use log files to provide general statistics regarding use of the websites by you, including how you use our websites, what country you are logging in from (for analytics, export control and regulatory purposes) and to help improve the navigation experience. Your IP addresses are also collected and logged for security and debugging purposes, for example to track access patterns, investigate security events and incidents. For these purposes we associate automatically-collected data to other personal data provided by you such as name, email address, address, and phone number.

2.52.5 To Market and Promote the Subscription Service. We use Personal Data to advertise, market, and promote our products, services, and other offerings. For example, we use information like your email or physical address to send information or HubSpot content to you we think may be of interest to you, including by post, email, or other means. We may also send you marketing communications relating to our business.

·You may opt out of receiving this promotional content by following the instructions contained in each communication that we send to you. If you unsubscribe from our marketing lists, we will continue to contact you regarding administrative matters, and to respond to your requests.

·We may reach out to you via telephone to ask about other HubSpot products or services you may be interested in. If you have a call scheduled with a HubSpot representative, we may record and transcribe the call. You will be notified prior to the call that the call is being recorded, and you will be offered an opportunity to opt-out of having the call recorded. We may also reach out to you via SMS, and you will be offered an opportunity to opt out of those communications.

·Where required by law, we will only send marketing communications with your consent. Otherwise, we will market and advertise our products and services on the basis of our legitimate business interests.

·We may use information collected from third party service providers and other sources in combination with other information we collect through other means described in this Privacy Policy for the purposes of providing you with updates and improved services, personalized communications, event promotion, and to otherwise improve the user experience.

2.62.6 Other Purposes if We Obtain Your Consent. We may use your data for other purposes when you give us consent to do so.

2.72.7 Legal Basis for Processing Personal Data (EEA and UK visitors only). If you are a website visitor located in the European Economic Area ("EEA") or United Kingdom ("UK"), HubSpot Ireland Limited is the data controller of your Personal Data. HubSpot's Data Protection Officer can be contacted here.

·Our legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which we collect it. However, we will normally collect Personal Data from you only where we have your consent to do so, where we need the Personal Data to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect Personal Data from you.

·If we ask you to provide Personal Data to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your Personal Data is mandatory or not (as well as of the possible consequences if you do not provide your Personal Data). Similarly, if we collect and use your Personal Data in reliance on our legitimate interests (or those of any third party), we will make clear to you at the relevant time what those legitimate interests are. 3. HOW WE SHARE PERSONAL DATA

3.13.1 Service Providers. We may share Personal Data with our third party service providers to support our websites, products, and services. For example, we use service providers for data hosting, application development, marketing, sales support and customer support. We may need to share your information with service providers to provide information about products or services to you. Examples may include removing repetitive information from prospect lists, analyzing data or performing statistical analysis on your use of the Subscription Service or interactions on our websites, providing marketing assistance, processing credit card payments, supplementing the information you provide us in order to provide you with better service, developing and improving the product and services, and providing customer service or support. These service providers are prohibited from using your Personal Data except for these purposes, and they are required to maintain the confidentiality of your information. In all cases where we share your information in this way, we explicitly require the third party service providers to acknowledge and adhere to our privacy and data protection policies and standards.

3.23.2 Plaid Payment Services. We use Plaid to securely connect to financial institutions across the U.S. To the extent you are based in the U.S., by entering online banking credentials for payment and completing checkout, your banking credentials are sent to Plaid for validation. Your personal and financial data is processed by Plaid in accordance with the Plaid Privacy Policy available at https://plaid.com/legal/#consumers.

3.33.3 Partners. We may share your personal data with HubSpot partners to: (i) contact you based on your communication preferences; (ii) help us perform statistical analysis; (iii) provide sales support; (iv) provide customer support; and (v) to improve our partner programs and Subscriptions Services. Partners are prohibited from using your Personal Data except for the purposes stated herein, and they are required to maintain the confidentiality of your data.

·We also partner with trusted third parties to provide you with co-marketing content that we think may be relevant to you. When you engage with these co-marketing partners, we will tell you who we are sharing data with, and provide a link to the co-marketing partner's privacy policy so you can learn more about their privacy practices and how to opt-out of the partner's communications. You will always have a choice as to whether to disclose your Personal Information to our co-marketing partners. These co-marketing partners are required to adhere to our privacy and data protection policies. For more information on our co-marketing program, see this page.

3.43.4 HubSpot Marketplace. When you use a HubSpot Marketplace (such as the HubSpot App Marketplace, HubSpot Template Marketplace, HubSpot Solutions Directory) we may share your Personal Data with our Marketplace Partners who may contact you to provide promotional materials on their offerings. We will only share your Personal Data with our Marketplace Partners when you visit and interact with their listing page. For more information on how our Marketplace Partners process your Personal Data, including how to opt out of these communications, please see their Privacy Policy located on their Marketplace listing page.

3.53.5 Advertising Partners. We allow advertising networks to collect information about your interactions with our websites in order to deliver HubSpot's personalized ads. We may also share Personal Data, such as your email address, with our advertising partners to deliver HubSpot's personalized ads on other companies' sites or mobile apps. You can opt out of having your data disclosed to our advertising partners through this form.

3.63.6 Corporate Events. If we (or our assets) are acquired by another company, whether by merger, acquisition, bankruptcy or otherwise, that company would receive all information gathered by HubSpot on the websites and the Subscription Service. In this event, you will be notified via email and/or a prominent notice on our website, of any change in ownership, uses of your Personal Data, and choices you may have regarding your Personal Data.

3.73.7 Public Forums. Our websites may offer publicly accessible message boards, blogs, and community forums (e.g., HubSpot Community, Connect.com, etc.). Please keep in mind that if you directly disclose any information through our public message boards, blogs, or forums (including profile information associated with the account you use to post the information) it may be read, collected and used by any member of the public who accesses these websites. Your posts and certain profile information may remain even after you terminate your account. We urge you to consider the sensitivity of any information you may disclose in this way. We will correct or delete any information you have posted on the websites if you so request, as described in the"Your Privacy Rights and Choices" section of this Privacy Notice. In some cases, we may not be able to remove your information; we will let you know if we are unable to and why, if permitted.

3.83.8 Compelled Disclosure. We reserve the right to use or disclose your Personal Data if required by law or if we reasonably believe that use or disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or comply with a law, court order, or legal process. If you use the Subscription Service, Customer Data is considered Confidential Information and you should review the Confidentiality terms in the Customer Terms of Service for more information. HubSpot shares data about requests for customer information, to learn more see our Data Disclosure and Transparency Report.

3.93.9 HubSpot, Other Companies, and Affiliates. We may share your Personal Data with our current and future parents, Affiliates, subsidiaries, and other entities under common control and ownership to the extent necessary to fulfill your request or for other purposes permitted under this Privacy Policy.

3.103.10 HubSpot Customers in Connection with Our Enrichment Products. We may share Personal Data about individuals in our commercial dataset with our customers that use our enrichment products. Customers may use this information for their sales and marketing activities. We rely on our legitimate interests, as well as those of our customers, to collect and share data for the purposes listed. HubSpot's and our customers' legitimate interests are not more important than your privacy rights, and we process your data on the basis that people would expect their work-related data to be shared in this way. See the "Information We Collect and Process In Connection With Our Enrichment Products" section for more information.

44. HOW WE TRANSFER PERSONAL DATA INTERNATIONALLY

4.14.1 International Transfers within the HubSpot Group. To facilitate our global operations, we may transfer information that may include Personal Data to other HubSpot Affiliates who act as subprocessors, where we have operations for the purposes described in this policy. Please see Annex 3 of our Customer Data Processing Agreement for a list of impacted HubSpot Affiliates and their locations.

·This Privacy Policy will apply even if we transfer Personal Data to other countries. We have taken appropriate safeguards to require that your Personal Data will remain protected wherever it is transferred. When we share Personal Data of individuals in the European Economic Area ("EEA"), Switzerland or the United Kingdom ("UK") within and among HubSpot's Affiliates, we rely upon the the Standard Contractual Clauses (approved by the European Commission and Swiss authorities) and UK Addendum to the Standard Contractual Clauses (approved by the UK authorities) where required. We also have additional safeguards where appropriate (such as commercial industry standard secure encryption methods to protect customer data at rest and in transit, TLS for HubSpot hosted sites, web application firewall protection, and other appropriate contractual and organizational measures), as described more in detail in the HubSpot Trust Center.

4.24.2 International Transfers to Third Parties. Some of the third parties described in this Privacy Policy, which provide services to us under contract, are based in other countries that may not have equivalent privacy and data protection laws to the country in which you reside. When we share Personal Data of individuals in the EEA, Switzerland or UK with third parties, we use a variety of legal mechanisms to safeguard the transfer including the European Commission-approved Data Privacy Framework Standard Contractual Clauses, as well as additional safeguards where appropriate. For transfers to or from the United Kingdom, we make use of the UK Addendum. For transfers to or from Canada, we make use of the standard contractual clauses. With respect to personal data received from or transferred to Canada, HubSpot is subject to the regulatory enforcement powers of the Office of the Privacy Commissioner of Canada. Please contact us if you need more information about the legal mechanisms we rely on to transfer personal data outside the EEA, Switzerland, Canada, and UK.

4.34.3 Data Privacy Framework Notice. HubSpot complies with the EU-U.S. Data Privacy Framework ("EU-U.S. DPF"), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework ("Swiss-U.S. DPF") as set forth by the U.S. Department of Commerce (collectively "the Data Privacy Framework").

·HubSpot has certified to the U.S. Department of Commerce that it adheres to the EU-US DPF Principles with regard to the processing of Personal Data received from the European Union, and the United Kingdom (and Gibraltar) and to the Swiss-US DPF Principles with regard to the processing of Personal Data received from Switzerland. If there is any conflict between this Privacy Policy and the DPF Principles, the DPF Principles will govern. To learn more about the Data Privacy Framework, and to view our certification, please visit https://www.dataprivacyframework.gov/.

·If you are located in the EU, UK or Switzerland, you have the right to request access to the Personal Data that we hold about you and request that we correct, amend or delete your Personal Data if it is inaccurate or processed in violation of the DPF Principles. We will give you an opportunity to opt out where Personal Data we control about you is to be disclosed to an independent third party or used for a purpose that is materially different from those set out in this Privacy Policy. If you would like to exercise any of your rights, please contact us via the details provided below.

·In compliance with the DPF Principles, HubSpot commits to resolve DPF Principles-related complaints about our collection and use of your Personal Data. EU, UK and Swiss individuals with inquiries or complaints regarding our handling of Personal Data received in reliance on the DPF Principles should first contact HubSpot at privacy@hubspot.com. We will investigate and attempt to resolve any DPF Principles-related complaints within 45 days.

·In compliance with the Data Privacy Framework, HubSpot commits to cooperating and complying respectively with the advice of the panel established by the EU data protection authorities, the UK Information Commissioner's Office, and the Swiss Federal Data Protection and Information Commissioner with regard to unresolved complaints concerning our handling of personal data received in reliance on the Data Privacy Framework.

·Under certain conditions, more fully described on the DPF website, you may be entitled to invoke binding arbitration when other dispute resolution procedures have been exhausted. The U.S. Federal Trade Commission (FTC) has jurisdiction over HubSpot's compliance with the DPF Principles. HubSpot is subject to the investigatory and enforcement powers of the FTC.

·In the context of an onward transfer, HubSpot is responsible for the processing of Personal Data it receives under the DPF Principles and subsequently transfers to a third party acting as an agent on our behalf. HubSpot will remain liable under the DPF Principles if our agent processes your Personal Data in a manner inconsistent with the DPF Principles, unless HubSpot is not responsible for the event giving rise to the damage.

·Please note that under certain circumstances, we may be required to disclose your Personal Data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

55. HOW WE STORE AND SECURE PERSONAL DATA

5.15.1 Data Storage and Security. We use a variety of security technologies and procedures to help protect your Personal Data from unauthorized access, use or disclosure. We secure the Personal Data you provide on computer servers in a controlled, secure environment, protected from unauthorized access, use or disclosure. All Personal Data is protected using appropriate physical, technical and organizational measures. For more on Security at HubSpot, please see https://trust.hubspot.com/.

5.25.2 Retention of Personal Data. How long we keep information we collect about you depends on the type of information and how we collect and store it. After a reasonable period of time, we will either delete or anonymize your information or, if this is not possible, then we will securely store your information and isolate it from any further use until deletion is possible.

·We retain Personal Data that you provide to us where we have an ongoing legitimate business need to do so (for example, as needed to comply with our legal obligations, resolve disputes and enforce our agreements).

·When we have no ongoing legitimate business need to process your Personal Data, we securely delete the information or anonymize it or, if this is not possible, securely store your Personal Data and isolate it from any further processing until deletion is possible. We will delete this information at an earlier date if you so request, as described in the "Privacy Rights and Choices" section.

·If you have elected to receive marketing communications from us, we retain information about your marketing preferences for a reasonable period of time from the date you last expressed interest in our content, products, or services, such as when you last opened an email from us or ceased using your HubSpot account. We retain information derived from cookies and other tracking technologies for a reasonable period of time from the date such information was created.

·The data we process on behalf of customers connection with the Subscription Service is stored and secured according to the HubSpot Customer Terms of Service and Customer Data Processing Agreement. 6. COOKIES AND SIMILAR TECHNOLOGIES

6.16.1 Cookies. When you visit our websites, sign up for a HubSpot account, attend a HubSpot virtual event, or request more information about HubSpot, we collect information automatically using tracking technologies, like cookies and tracking pixels. For more information, and to learn how to opt out, please refer to our Cookie Policy.

·HubSpot may use cookies or similar technologies (such as web beacons and JavaScript) to analyze trends, administer the website, monitor how visitors navigate around the websites, and to gather demographic information about our user base as a whole. To find out more about how we use cookies on our websites and how to manage your cookie preferences please see the HubSpot Cookie Policy as updated by us from time-to-time, without additional notice.

6.26.2 Advertising. We partner with third party ad networks to display advertising on our website or to manage our advertising on other sites. Our ad network partner uses cookies and web beacons to collect information about your activities on this and other websites to provide you targeted advertising based upon your interests. If you wish to not have this information used for the purpose of serving you targeted ads, you may opt-out by using these services: https://optout.networkadvertising.org/ or https://optout.aboutads.info/ (or if located in the European Union, by clicking here: http://www.youronlinechoices.eu/). Please note this does not opt you out of being served advertising you will continue to receive generic ads. 7. YOUR PRIVACY RIGHTS AND CHOICES

7.17.1 Personal Data Requests. Depending on your location and applicable laws, you may have the following data protection rights:

·(i) Access, Correction or Deletion. You can request access, correction, updates or deletion of your Personal Data.

·(ii) Objection or Restriction. You can object to our processing of your Personal Data, ask us to restrict processing of your Personal Data or request portability of your Personal Data.

·(iii) Withdraw Consent. If we have collected and processed your Personal Data with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect processing of your Personal Data conducted in reliance on lawful processing grounds other than consent.

·To exercise any of these rights:

·(i) for HubSpot, including our websites and product or services, please use the HubSpot Privacy Request Form;

·(ii) for the Hustle, please contact us at privacy@thehustle.co.

·If you'd like your information to be removed from our commercial dataset, or would like to opt out from the sharing of your Personal Data for our advertising and marketing activities, please fill out the Your Privacy Preferences form.

·For all HubSpot brands (including the Hustle), you may also write to us by e-mail at privacy@hubspot.com.

·Please note that to protect Personal Data, we may verify your identity by a method appropriate to the type of request you are making. Depending on where you reside, you may be entitled to empower an "authorized agent" to submit requests on your behalf. We will require authorized agents to confirm their identity and authority, in accordance with applicable laws. You are entitled to exercise the rights described above free from discrimination.

·We will respond to your request to change, correct, or delete your data within a reasonable timeframe and notify you of the action we have taken. In some instances, your rights may be limited, such as where fulfilling your request would impair the rights of others, our ability to provide a service you have requested, or our ability to comply with our legal obligations and enforce our legal rights. Depending on your location, and applicable laws, you may have the right to complain to a data protection authority about our collection and use of your Personal Data. Contact details for data protection authorities in the EEA are available on the European Data Protection Board member page here.

·If you are a customer, prospect, or otherwise interact with a HubSpot customer that uses our Subscription Service and would like to access, correct, amend or delete your data controlled by the customer, please contact the relevant customer directly. HubSpot acts as a processor for our customers in most cases and will work with our customers to fulfill these requests when applicable.

7.27.2 Anti-Spam Policy. Our Acceptable Use Policy applies to us and to our customers and, among other things, prohibits use of the Subscription Service to send unsolicited commercial email in violation of applicable laws, and requires the inclusion in every email sent using the Subscription Service of an "opt-out" mechanism and other required information. We require all of our customers to agree to adhere to the Acceptable Use Policy at all times, and any violations of the Acceptable Use Policy by a customer can result in immediate suspension or termination of the Subscription Service.

7.37.3 To Unsubscribe From Our Communications. You may unsubscribe from our marketing communications through the following methods:

·(i) by clicking on the "unsubscribe" link located on the bottom of our e-mails;

·(ii) updating your communication preferences;

·(iii) for HubSpot, by contacting us on the HubSpot Privacy Request Form;

·(iv) for the Hustle by contacting us at privacy@thehustle.co; or

·Customers cannot opt out of receiving transactional emails related to their HubSpot Account or the Subscription Service.

7.47.4 To Unsubscribe From Our Customers' Communications. Our customers are solely responsible for their own marketing emails and other communications; we cannot unsubscribe you from their communications. Individuals who interact with a HubSpot customer can unsubscribe from our customers' marketing communications by clicking on the "unsubscribe" link located on the bottom of their emails, or by contacting them directly. 8. CALIFORNIA PRIVACY RIGHTS

8.18.1 Applicability. This section applies only to California consumers. For purposes of this section "Personal Information" has the meaning given in the California Consumer Privacy Act ("CCPA"). It describes how we collect, use, and share California consumers' Personal Information in our role as a business, and the rights applicable to such residents.

·If you are unable to access this Privacy Policy due to a disability or any physical or mental impairment, please contact us and we will arrange to supply you with the information you need in an alternative format that you can access.

8.28.2 How We Collect, Use, and Disclose Your Personal Information. We have collected the following statutory categories of Personal Information in the past twelve (12) months:

·(i) Identifiers, such as name, e-mail address, mailing address, and phone number. We collect this information directly from you or from third party sources.

·(ii) Commercial information, such as subscription records. We collect this information directly from you.

·(iii) Internet or network information, such as browsing and search history. We collect this information directly from your device or from emails sent through our platform.

·(iv) Geolocation data, such as IP address. We collect this information from your device.

·(v) Financial information, such as Payment Information or financial account numbers in the process of providing you with a subscription. We collect this information from you.

·(vi) Professional data, such as your job title and company.

·(vii) Other Personal Data, in instances when you interact with us online, by phone or mail in the context of receiving help through our help desks or other support channels; participation in customer surveys or contests; or in providing the Subscription Service.

·(viii) Inferences drawn from any of the above categories, alone or in combination.

·The business and commercial purposes for which we collect this information are described in this Privacy Policy. The categories of third parties to whom we "disclose" this information for a business purpose are described in the "How We Share Personal Data" section of this Privacy Policy. The period of time for which we retain this information is described in the "How We Store and Secure Personal Data" section of this Privacy Policy.

·In the preceding 12 months, we have "sold" or "shared" (as defined under the CCPA) certain information, including identifiers, to our advertising partners. We have also "sold" or "shared" certain information, including identifiers, approximate location data, and professional data to our customers.

8.38.3 Your California Rights. You have certain rights regarding the Personal Information we collect or maintain about you. Please note these rights are not absolute, and there may be cases when we decline your request as permitted by law. These rights include:

·(i) The right of access means that you have the right to request that we disclose what Personal Data we have collected and maintained about you in the past 12 months.

·(ii) The right of deletion means that you have the right to request that we delete Personal Data collected or maintained by us, subject to certain exceptions.

·(iii) The right of correction means that you have the right to request that we correct any inaccurate Personal Data that we maintain about you.

·(iv) The right to request information concerning the categories of Personal Data (if any) that we disclose to third parties or affiliates for their direct marketing purposes.

·(v) The right to limit the use of sensitive personal information means that you have the right to direct businesses to only use your sensitive personal information for limited purposes. We only collect sensitive personal information (such as your payment information), as defined by applicable laws for the purposes allowed by law or with your consent. We do not collect or process sensitive personal information for the purpose of inferring characteristics about you.

·(vi) The right to appeal means that you can appeal any decision by us to deny your privacy rights under applicable laws.

·(vii) The right to non-discrimination means that you will not receive any discriminatory treatment when you exercise one of your privacy rights.

·We respond to all appeal requests as soon as we reasonably can, and no later than legally required.

8.48.4 How to Exercise Your California Rights. You can exercise your rights yourself or you can alternatively designate an authorized agent to exercise these rights on your behalf. Please note that to protect your Personal Data, we will verify your identity by a method appropriate to the type of request you are making. Depending on your request, we will ask for information such as your name and your email address. We may also request that your authorized agent have written permission from you to make requests on your behalf, and we may also need to verify your authorized agent's identity to protect your Personal Data. We may deny a request from an agent that does not submit proof that they have been authorized to act on your behalf.

·We will respond within the time frame permitted by applicable law. Please note that we may charge a reasonable fee for multiple requests in the same 12-month period, as permitted by law.

·Please use the contact details below, or see the "Your Privacy Rights and Choices" section above, if you would like to:

·(i) Access this policy in an alternative format;

·(ii) Exercise any of your rights described above;

·(iii) Learn more about your rights or our privacy practices; or

·(iv) Designate an authorized agent to make a request on your behalf.

8.58.5 Right to Opt Out of "Sale" or "Sharing". HubSpot collects data from publicly available sources or other third-party sources and discloses that information to our customers who purchase our enrichment products. This may be considered a "sale" or "sharing" under certain state privacy laws, such as the CCPA. Please see the "Information We Collect and Process in connection with our enrichment products" section for more information.

·We may also "share" your Personal Data, as defined under the CCPA , with third party advertising partners to deliver personalized ads on HubSpot's behalf on other companies' sites or mobile apps. Please see the "Advertising Partners" section for more information.

·If you'd like your information to be removed from our commercial dataset, or would like to opt out from the "sharing" of your Personal Data for our advertising and marketing activities, please fill out this form.

·You can also control the personalized advertising you see by using these services: https://optout.networkadvertising.org/ or https://optout.aboutads.info/ (or if located in the European Union, by clicking here: http://www.youronlinechoices.eu/). Please note this does not opt you out of being served advertising and you will continue to receive generic ads.

·We do not knowingly "sell" or "share" Personal Data of children under 16 years of age. 9. OTHER IMPORTANT PRIVACY INFORMATION

9.19.1 Information About Children. HubSpot's websites, products, and services are not intended for or targeted at children under 16, and we do not knowingly or intentionally collect Personal Data about children under 16. If you believe that we have collected Personal Data about a child under 16, please contact us here, so that we may delete the information.

9.1.19.1.1 Children's Information In the Subscription Service. Our product, or the Subscription Service, allows our customers to collect children's information, which may be included in Customer Data, under our Customer Terms of Service. For more information about how we process data on behalf of our customers as a processor, review the 'Information We Process on Behalf of Customers When They Use the Subscription Service' subsection of this privacy policy. 10. GOOGLE PRODUCTS AND INTEGRATIONS

·You can learn more about data collected by Google and what this data is used for in Google's Privacy Policy. Additional information on Google services and products is available in Google's Terms of Service.

10.110.1 Google reCAPTCHA. We have implemented Google reCAPTCHA Enterprise on our websites and products for security, fraud, and abuse prevention.

10.210.2 Google Speech to Text. We use Google Speech to Text to transcribe Customer Data that is in audio format (for example, a call audio recording) into text. We use the resulting text to provide our Subscription Services to you.

10.310.3 Google Maps Integration. We use the Google Maps API to provide address autocompletion and validation to provide our products and services to you. When you use features powered by Google Maps, information you enter such as address inputs may be transmitted to Google to provide these features. Google processes this data as an independent data controller under its own privacy policy and the Google Maps/Google Earth Additional Terms of Service.

10.410.4 Gmail Integration. If you use the Gmail integration or choose to integrate any other Google Workspace application with HubSpot, you will be asked to give us access to information from your Gmail or Google account.

·By using the Gmail integration with the Subscription Service you will grant the Subscription Service access to information associated with your account, including contacts, emails, calendar, distribution lists, subject lines, and URLs of tracked links from your email, if you use the email tracking functionality. In addition, the Subscription Service will be able to read, modify, create, and send emails from your connected Gmail account. The Subscription Service will scan the content of your emails to identify which emails you have elected to track in order to provide you with the notifications feature and updates to your Services. The Subscription Service will store replies, outgoing mail, email headers, subject line, distribution lists, aliases, time sent, and email bodies. Your email may contain sensitive, private, or highly confidential information, such as names of your contacts, your private communications, or financial or medical information. You understand that the correspondences you track will be visible to other users on your Subscription team.

·If you connect your Gmail account via IMAP (or Generic Inbox Connection), the Subscription Service will have access only to email address, password, server information, email metadata, and message bodies. Additionally, connecting your Gmail account via IMAP does not require you to connect any other Google Workspace applications.

·HubSpot Terms Tip: You can learn more about how we access this data in the "Connect your personal email" knowledge base article.

10.510.5 Google Calendar Integration. The Subscription Service will have access to both your Google Calendar and any other calendar you access via Google in order to power our Meetings tool, and allow you to associate events with contacts in your HubSpot account. The Subscription Service will have the ability to: create or change your calendars, and update individual calendar events.

10.610.6 Google Drive Integration. As part of connecting your Google Drive, the Subscription Service will be able to: see your documents, sheets, and slides, upload and download your documents, sheets, and slides, and store contents and titles of your documents, sheets, and slides.

10.710.7 Google Search Console. As part of this integration, the Subscription Service will be able to view, manage and store properties which include the list of sites and domains you control in HubSpot and the Search Console data for your connected properties.

10.810.8 Chrome Extensions.

10.8.110.8.1 Sales Extension. You can install the HubSpot Sales Chrome Extension to track Gmail and Google Workspace emails through your Chrome browser. Once installed, the Extension can read and change all your data on the websites you visit and display notifications. It logs all emails from Gmail and can be used in conjunction with the Inbox Integration.

10.8.210.8.2 Social Extension. The HubSpot Social Chrome Extension allows sharing of pages, text, and images from around the web with the HubSpot Social Composer tool. You are able to draft or schedule posts, assign campaigns, and then see posts on the Social Calendar tool or in Social Reports once published.

10.910.9 Additional Limits on Use of Your Google User Data.

10.9.110.9.1 Google API Limits. HubSpot's use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements.

10.9.210.9.2 Google Workspace API Limits. Google Workspace APIs are not used to develop, improve, or train generalized AI and/or ML models.

10.9.310.9.3 YouTube API Limits. HubSpot complies with the YouTube API Services Developer Policies available at https://developers.google.com/youtube/terms/developer-policies. Any stored public YouTube API data is refreshed or completely deleted within 30 calendar days, or deleted immediately upon user request.

·HubSpot Terms Tip: The Social Extension only accesses information about the current page, after its toolbar button is clicked, utilizing the permissions granted at this ''Install and use the HubSpot Social Chrome extension" knowledge base article.

10.1010.10 YouTube Integration. If you are a HubSpot Customer and choose to use the YouTube integration with your HubSpot Subscription Services, you will be asked to give us access to information from your YouTube account and have the option to link your accounts.

·By using the YouTube integration with the Subscription Service you grant the HubSpot Subscription Service access to information associated with your YouTube account. The Subscription Service will scan the content of your YouTube account to identify content you have elected to track in order to provide you with features in the Subscription Services. The Subscription Service will store information from your YouTube account. You understand that the information from your YouTube Account you track in the Subscription Services may be visible to other Users within your HubSpot Account.

·Your use of HubSpot's YouTube integration is subject to the YouTube Terms of Service available at https://www.youtube.com/t/terms and the Google Privacy Policy available at http://www.google.com/policies/privacy.

·In addition to the typical data deletion functionality supported in the Subscription Services, Customers may have the option to revoke the YouTube integration from your HubSpot account, in the Google security settings page at https://security.google.com/settings/security/permissions.

·HubSpot Terms Tip: You can learn more about how we access information or remove access to your Google account by following the steps in the "Remove access to HubSpot in your Google account" knowledge base article. 11. CONTACT US

·If you have any questions about this Privacy Policy or our privacy practices, or if you have a disability and need to access this notice in a different format:

·(i) for HubSpot contact us at privacy@hubspot.com;

·(ii) for the Hustle please contact us at privacy@thehustle.co; or

·(iii) You may also contact us by postal mail for all HubSpot brands at:Attn: Privacy and Data Protection OfficerHubSpot, Inc.Two Canal ParkCambridge, MA 02141 USA

·Legal Center

·HUBSPOT CUSTOMER TERMS OF SERVICE

·Last Modified: September 16, 2026

·HubSpot Customer Terms of Service

·[Want a pdf copy? Click here.]

·PLEASE READ THESE CUSTOMER TERMS OF SERVICE CAREFULLY.

·Our Customer Terms of Service is a contract that governs our customers' use of the HubSpot services. It consists of the following documents:

• ·General Terms: These contain the core legal and commercial terms that apply to your use of our products and services. Any references to Master Terms means these General Terms.
• ·Product Specific Terms: These include any additional terms that apply to your use of each of our product offerings, our consulting and other services, and third-party services.
• ·Data Processing Agreement (DPA): This explains how we process your data and includes the EU Standard Contractual Clauses.
• ·Acceptable Use Policy (AUP): This is the rulebook setting out what you can and can't do while using our products and services.
• ·Your Order Form is the HubSpot-approved form created following your purchase of one of our products or services through our online payment process or via in-app purchase. It contains all of the details about your purchase, including your subscription term, products and services purchased and your fees. You'll find your Order Form(s) in the Accounts and Billing section of your HubSpot account.

·HubSpot Terms Tip: You can learn more about how to locate your Order Form, invoices and receipts at the "View, download, and pay your HubSpot invoice" knowledge base article.

·We've aimed to keep these documents as readable as possible, but in some cases for legal reasons, some of the language is necessarily "legalese". By using the Subscription Service or receiving the Consulting Services, you are agreeing to these terms.

·We update these terms from time to time. If you have an active HubSpot subscription, we will let you know when we update the terms via in-app notification or by email (if you subscribe to receive email updates). You can find archived versions of the General Terms, Product Specific Terms, and DPA in our archives at https://legal.hubspot.com/archive.

·General Terms

·Last modified September 16, 2026 1. Definitions 2. Use of Services 3. Fees 4. Term & Termination 5. Customer Data 6. Intellectual Property 7. Confidentiality 8. Publicity 9. Indemnification

1010. Disclaimers; Limitation of Liability 11. Governing Law and Jurisdiction 12. Miscellaneous Appendix: Jurisdiction Specific Terms

AppendixAppendix: U.S. Government Customer Additional Terms 1. DEFINITIONS

·"Add-Ons" means additional product enhancements (including Limit increases and other add-ons) that are made available for purchase and are listed in the 'Add-Ons & Limit Increases' and the 'Technical Limits and Definitions' sections of our Products and Services Catalog.

·"Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with a party to this Agreement. For purposes of this definition, control means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

·"Agreement" or "Customer Terms of Service" means these General Terms and all materials referred or linked to in here, unless otherwise stated. Throughout this Agreement, we link to knowledge base articles to help facilitate your use of our products and services and manage your HubSpot account; however, these knowledge base articles are for your information only, and they are not incorporated into this Agreement.

·"Authorized Payment Method" means a current, valid, payment method accepted by us, as may be updated from time to time and which may include payment through your account with a third party.

·"Beta Service" means a program, service, or a feature of a service, that is designated, labeled, described, or presented to you or the user as beta, alpha, experimental, pilot, limited release, in development, developer preview, non-production, or evaluation, such that it is provided prior to general commercial release.

·"Billing Period" means the period for which you agree to prepay fees under an Order Form. This may be the same length as the Current Term specified in the Order Form, or it may be shorter. For example, if you subscribe to the Subscription Service for a one (1) year Current Term, with a twelve (12) month upfront payment, the Billing Period will be twelve (12) months.

·"Confidential Information" means all confidential information disclosed by a party and its Affiliates ("Disclosing Party") to the other party ("Receiving Party"), whether orally or in writing, that is designated as confidential or a reasonable person would consider confidential. Confidential Information includes all information concerning: the Disclosing Party's customers and potential customers, past, present or proposed products, marketing plans, engineering and other designs, technical data, business plans, business opportunities, finances, research, development, and the terms and conditions of this Agreement. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party. Subject to the foregoing exclusions, Customer Data will be considered Confidential Information under this Agreement regardless of whether or not it is designated as confidential.

·"Contact" means a single individual (other than a User) whose information is stored by you in the Subscription Service.

·"Consulting Services" means the professional services provided to you by us, which may include training services, installation, integration or other consulting services.

·"Customer Data" means all information that you submit or collect via the Subscription Service. Customer Data does not include HubSpot Content.

·"Customer Materials" means all materials that you provide or post, upload, input or submit for public display through the Subscription Service.

·"DPA" means the HubSpot Data Processing Agreement at https://legal.hubspot.com/dpa.

·"Email Send Limit" means the number of emails that you may send in any given calendar month, as detailed in the Product and Services Catalog.

·"Free Services" means the Subscription Service or other products or features made available by us to you on an unpaid trial or free basis.

·"HubSpot Content" means all information, data, text, messages, software, sound, music, video, photographs, graphics, images, and tags that we incorporate into the Subscription Service or Consulting Services, including Enrichment Data (as defined in the Product Specific Terms).

·"Jurisdiction-Specific Terms" means the additional terms that apply to your subscription, depending on your location. These terms form part of the Agreement and are available in the Jurisdiction Specific Terms Appendix included in this Agreement.

·"Order" or "Order Form" means the HubSpot-approved form or online subscription process by which you agree to subscribe to the Subscription Service and purchase Consulting Services. Your Order Form is incorporated into the Agreement.

·"Overages" means the additional fees incurred on a Pay-as-You-Go basis when you exceed your HubSpot Credits Limit.

·"Personal Data" means any information relating to an identified or identifiable individual where such information is protected similarly as personal data, personal information, or personally identifiable information under Data Protection Laws, as defined in the DPA.

·"Privacy Policy" means the HubSpot Privacy Policy available at https://legal.hubspot.com/privacy-policy, as updated by us from time to time.

·"Product and Services Catalog" means HubSpot's Product and Services Catalog, which is incorporated into this Agreement and as updated by us from time-to-time and available at http://legal.hubspot.com/hubspot-product-and-services-catalog.

·"Product Specific Terms" means the additional product-related terms that apply to your use of the HubSpot Subscription Services, our Consulting Services and Third-Party Products. These terms form part of the Agreement and can be found at http://legal.hubspot.com/product-specific-terms.

·"Subscription Fee" means the amount you pay for the Subscription Service.

·"Subscription Service" means all of our web-based applications, tools and platforms that you have subscribed to under an Order Form or that we otherwise make available to you, and are developed, operated, and maintained by us, accessible via http://hubspot.com or another designated URL, and any ancillary products and services, including website hosting, that we provide to you, unless otherwise specified in our Product Specific Terms.

·"Subscription Term" means, collectively, the initial term of your subscription to the applicable Subscription Service, as specified on your Order Form(s) (the "Initial Term"); and each subsequent renewal period, if any (each a "Renewal Term"). Your "Current Term" is your then-current committed period of Subscription Services, as either an Initial Term or Renewal Term. For Free Services, the Subscription Term will be the period during which you have an account to access the Free Services.

·"Third-Party Products" means non-embedded products and professional services that are provided by third parties which interoperate with or are used in connection with the Subscription Service. Third-Party Products include non-HubSpot products and services available from, for example, our marketplaces, directories, and links made available through the Subscription Service and non-HubSpot services listed on https://ecosystem.hubspot.com/marketplace.

·"Third-Party Sites" means third-party websites linked to from within the Subscription Service, including Communications Services.

·"Users" means your employees, representatives, consultants, contractors or agents who are authorized to use the Subscription Service for your benefit and have unique user identifications and passwords for the Subscription Service.

·"HubSpot," "we," "us," or "our" means the applicable contracting entity as specified in the 'Contracting Entity and Applicable Law' section.

·"You," "your," or "Customer" means the person or entity using the Subscription Service or receiving the Consulting Services and identified in the applicable account record, billing statement, online subscription process, or Order Form as the customer and your Affiliates included in the scope of your purchase. 2. USE OF SERVICES

2.12.1 Access. During the Subscription Term, we will provide your Users access to use the Subscription Service as described in this Agreement and the applicable Order. We may provide your Users access to use our Free Services at any time by activating them in your HubSpot account. We might provide some or all elements of the Subscription Service through third party service providers.

2.1.12.1.1 User Access. You must ensure that all access, use and receipt by your Users is subject to and in compliance with this Agreement. You may provide access and use of the Subscription Service to your Affiliate's Users or allow them to receive the Consulting Services purchased under an Order; provided that, all such access, use and receipt by your Affiliate's Users is subject to and in compliance with the Agreement and you will at all times remain liable for your Affiliates' compliance with the Agreement. You must be 18 years of age or older to use the Subscription Service.

2.1.22.1.2 Unauthorized Access. You will notify us promptly of any unauthorized use of your Users' identifications and passwords or your account by following the instructions at http://help.hubspot.com.

2.22.2 Additional Features. You may subscribe to additional features of the Subscription Service by placing an additional Order or activating the additional features from within your HubSpot account (if this option is made available by us). This Agreement will apply to all additional Order(s) and all additional features that you activate from within your HubSpot account.

2.32.3 Availability and Uptime. For details of HubSpot's Service Uptime Commitment, please see the Product Specific Terms.

2.42.4 Limits. The limits that apply to you will be specified in your Order Form, this Agreement or in our Product and Services Catalog, and for our Free Subscriptions; these limits may also be designated only from within the product itself (collectively "Limits").

2.52.5 Downgrades. You are not permitted to downgrade your Subscription Service during your Current Term. You may downgrade your Subscription Services at your next renewal date upon completion of a new Order Form.

2.62.6 Modifications. We may modify the Subscription Service during the Subscription Term, including by adding or removing features, functions, Limits, or Add-Ons that apply to your subscription. Any modifications we make will not materially degrade the overall functionality of the Subscription Service during the Current Term to which you subscribe except as follows:

·(i) modifications to Free Services;

·(ii) modifications resulting from changes outside of our control, such as a change to applicable law, changes related to Third-Party Products, etc.;

·(iii) as otherwise specified in our Product Specific Terms; or

·(iv) modifications to any Beta Services.

·If the modification materially degrades the overall functionality of the Subscription Service and HubSpot is unable to provide you with substantially similar functionality, your sole and exclusive remedy for our breach of this section is termination of your Subscription Services and a pro-rated refund of unused fees.

2.72.7 Customer Support. For information on the customer support terms that apply to your subscription, please refer to the Product Specific Terms.

2.82.8 Acceptable Use. You will comply with our Acceptable Use Policy at http://legal.hubspot.com/acceptable-use ("AUP").

2.92.9 Prohibited and Unauthorized Use. You will not use the Subscription Service in any way that violates the terms of the AUP or for any purpose or in any manner that is unlawful or prohibited by this Agreement. You will not (i) directly or indirectly reverse engineer, decompile, disassemble or otherwise attempt to uncover or discover the source code, object code or underlying structure, ideas, know-how or algorithms relevant to the Subscription Services or any software, documentation or data related to the Subscription Services; (ii) modify, translate, or create derivative works based on the Subscription Services (except to the extent expressly permitted by us); (iii) or remove any proprietary notices or labels.

2.9.12.9.1 Use Restrictions. You may not use the Subscription Service if you are legally prohibited from receiving or using the Subscription Service under the laws of the country in which you are resident or from which you access or use the Subscription Service.

2.9.22.9.2 Additional Restrictions. You may not use the Subscription Service in a way that would violate local or industry-specific regulations (for example, the Children's Online Privacy Protection Rule consistent with the requirements of the Children's Online Privacy Protection Act (COPPA), the Health Insurance Portability and Accountability Act (HIPAA), the Gramm-Leach-Bliley Act (GLBA), the Federal Information Security Management Act (FISMA), etc.).

2.102.10 Sensitive Data. The HubSpot Sensitive Data Terms available at https://legal.hubspot.com/sensitive-data-terms are incorporated into this Agreement if you enable the Sensitive Data functionality in your HubSpot Account. To the extent specifically permitted under the HubSpot Sensitive Data Terms and subject to those additional terms, you may use the Subscription Services to collect, store, manage, or otherwise process information considered sensitive information under various regulations.

2.112.11 Customer Responsibilities. To realize the full value of the Subscription Service and Consulting Services, your participation and effort are needed. Resources that may be required from you include a project manager, one or more content creators, a sales sponsor, an executive sponsor and a technical resource (or equivalent). Responsibilities that may be required include planning of marketing programs; setting of a content creation calendar; creating blog posts, social media content, Calls-To-Action (CTAs), downloads, emails, nurturing content, and other materials; acting as internal liaison between sales and marketing; providing top level internal goals for the use of the Subscription Service; attending regular success review meetings; and supporting the integration of the Subscription Service with other sales and marketing systems.

2.122.12 Free Trial. If you register for a free trial, we will make the applicable Subscription Service available to you on a trial basis free of charge until the earlier of (a) the end of the free trial period (if not terminated earlier) or (b) the start date of your paid subscription. Unless you purchase a subscription to the applicable Subscription Service before the end of the free trial, all of your data in the Subscription Service may be permanently deleted at the end of the trial, and we will not recover it. If we include additional terms and conditions on the trial registration web page, those will apply as well.

2.132.13 Legacy Products. If you have a legacy Subscription Service, some of the features and Limits that apply to that product may be different than those that appear in these General Terms, Product Specific Terms and/or the Product and Services Catalog. If you have legacy Subscription Services, we may choose to move you to our then-current products at any time. If you determine that you are using a legacy product and would like to upgrade to a current-version, you must execute a new Order. 3. FEES

3.13.1 Subscription Fees. The Subscription Fee will not increase during the Current Term of your subscription unless (i) you exceed your applicable Limits and incur Overages invoiced at the then-current rates detailed in our Product and Services Catalog; (ii) you upgrade products or base packages, including upgrades as a result of exceeding Limits; (iii) you complete a purchase to subscribe to Add-Ons or additional products, including Marketing Contacts or HubSpot Credits capacity packs; and/or (iv) otherwise agreed to in your Order Form. We may also choose to decrease your fees upon written notice to you. Please review the Product Specific Terms for information on features available in Revenue Hub and other Subscription Services that may have different fee structures.

·HubSpot Terms Tip: You can learn more about how to configure your account to manage HubSpot Credits and feature Limits in the "Understand HubSpot Credits and billing" knowledge base article.

3.23.2 Fee Adjustments at Renewal. Upon renewal, we may increase your Subscription Fees up to our then-current list price set out in our Product and Services Catalog. If this increase applies to you, we will notify you at least thirty (30) days in advance of your renewal and the increased fees will apply at the start of the next Renewal Term. If you do not agree to this increase, you can choose to terminate your subscription at the end of your Current Term by giving the notice required in the 'Notice of Non-Renewal' section below. Please review the Product Specific Terms for information on features available in Revenue Hub and other Subscription Services that have different fee adjustment notice requirements.

3.33.3 Payment of Fees. If you are paying by credit card, you authorize us to charge your Authorized Payment Method for all fees payable during the Subscription Term. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.

3.3.13.3.1 Authorized Payment Method. We may refuse your existing Authorized Payment Method (for example, if we have information indicative of fraud associated with the payment method) and require you to add a new payment method as your Authorized Payment Method.

3.3.23.3.2 Billing. In the event of a failed attempt to charge your Authorized Payment Method (for example, if your Authorized Payment Method has expired or is no longer valid), we reserve the right, and you authorize us, to retry billing your Authorized Payment Method. If you update your Authorized Payment Method to remedy a change in validity or expiration date, we will automatically resume billing; we may also receive updates on your Authorized Payment Method through our payment service providers and automatically resume billing. We may suspend your access in accordance with the 'Suspension' section or terminate your account in accordance with the 'Termination for Cause' section if we remain unable to successfully charge a valid Authorized Payment Method.

3.3.33.3.3 Collection and Setoff Rights. You authorize us to collect any outstanding fees owed by you under this Agreement, including from: (i) your Authorized Payment Method on file; (ii) any reserves, deposits, or funds held by us or our payment processors on your behalf (e.g., HubSpot payments reserves); and (iii) any other payment methods or accounts you have provided to us. Additionally, we may set off and deduct any amounts you owe us from any amounts we may owe you, including but not limited to refunds, credits, or other payments. These rights are in addition to any other rights and remedies available.

3.43.4 Payment Against Invoice. All amounts invoiced are due and payable within thirty (30) days from the date of the invoice, unless otherwise specified in the Order Form. If you are paying by invoice, we will invoice you, at the beginning of the applicable Current Term and each subsequent Billing Period.

3.53.5 Company and Payment Information. You will keep your business information up to date, including your company name, address, and primary contact. You will also keep your Authorized Payment Method and billing information up to date for the payment of incurred and recurring fees, including your tax information.

·Changes may be made on your Billing Page within your HubSpot account. You authorize HubSpot to continue to charge your Authorized Payment Method for applicable fees during your Subscription Term and until any and all outstanding Fees have been paid in full. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term. If you are a HubSpot Solutions Partner that purchases on behalf of a client, you agree to be responsible for the Order Form and to guarantee payment of all fees.

3.63.6 Sales Tax. All fees are exclusive of taxes, which we will charge as applicable. You agree to pay any taxes applicable to your use of the Subscription Service and performance of Consulting Services. You will have no liability for any taxes based upon our gross revenues or net income. At our request, you will provide us with your tax identification information under which you are registered in your registered state; missing this information may impact our ability to service your account, including issuing refunds or credits for applicable taxes.

·If you are located in the European Union, the United Kingdom, or Switzerland, all fees are exclusive of any VAT and you represent that you are registered for VAT purposes in your member state. If you do not provide us with a country specific tax number prior to your transaction being processed, we will not issue refunds or credits for any VAT that was charged. If you are subject to GST, all fees are exclusive of GST. If you are located in Canada, all fees are exclusive of GST, PST and HST.

3.73.7 Withholding Tax. If you are required to deduct or withhold tax from payment of your HubSpot invoice, you may deduct this amount from the applicable Subscription Fee due to the extent it is due and payable as assessed withholding tax required under laws that apply to you (the "Deduction Amount").

·You will not be required to repay the Deduction Amount to us, provided that you present us with a valid tax receipt verifying payment of the Deduction Amount to the relevant tax authority within ninety (90) days from the date of the invoice. If you do not provide this tax receipt within the specified time period, then all fees, inclusive of the Deduction Amount, will be immediately due and payable, and failure to pay these fees may result in your account being suspended or terminated for non-payment. 4. TERM AND TERMINATION

4.14.1 Term and Renewal. Your Initial Term will be specified in your Order, and, unless otherwise specified in your Order, your subscription will automatically renew for the shorter of the same duration as your prior term or one year. Except as specifically provided for in this Agreement, you may not cancel your subscription prior to the end of your Current Term, and we will not provide any refunds of prepaid fees or unused Subscription Fees through the end of your Current Term.

4.24.2 Notice of Non-Renewal. You may choose to cancel your subscription at the end of the Current Term by providing notice as specified in this section. Unless otherwise specified in this Agreement or your Order, if you decide that you do not want your subscription to automatically renew, you must turn off the auto-renewal setting in the Account & Billing section of your HubSpot account prior to the end of your Current Term. If you do not turn off the auto-renewal setting in the Account & Billing section of your HubSpot account, your Subscription will renew automatically.

·HubSpot Terms Tip: You can learn more about turning off auto-renew and canceling your subscription by following the steps in this knowledge base article, "Cancel your subscription and delete your HubSpot account", as applicable.

4.34.3 Termination for Cause. Either party may terminate this Agreement for cause, as to any or all Subscription Services: (i) upon thirty (30) days' notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation or assignment for the benefit of creditors.

·We may also terminate this Agreement for cause on thirty (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. 4.4 Suspension

4.4.14.4.1 Suspension for Prohibited Acts. We may suspend any User's access to any or all Subscription Services without notice for:

·(i) use of the Subscription Service in a way that violates applicable local, state, federal, or foreign laws or regulations or the terms of this Agreement,

·(ii) use of the HubSpot email send service that results in excessive bounces, SPAM complaints via feedback loops, direct spam complaints (to our abuse desk), or requests for removal from a mailing list by recipients, or

·(iii) repeated instances of posting or uploading material that infringes or is alleged to infringe on the copyright or trademark rights of any person or entity.

·We may, without notice, review and delete any Customer Data or Customer Materials that we determine in good faith violate these terms or the AUP, provided that, we have no duty (unless applicable laws or regulations provide otherwise) to prescreen, control, monitor or edit your Customer Data or Customer Materials.

·HubSpot Terms Tip: You can find details about HubSpot and the European Union Digital Services Act of 2024 at https://legal.hubspot.com/digital-services-act which is not incorporated into this Agreement and provided for your information only.

4.4.24.4.2 Suspension for Non-Payment. We will provide you with notice of non-payment of any amount due. Unless the full amount has been paid, we may suspend your access to any or all of the Subscription Services ten (10) days after such notice. We will not suspend the Subscription Service while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute. If a Subscription Service is suspended for non-payment, we may charge a re-activation fee to reinstate the Subscription Service.

4.4.34.4.3 Suspension for Present Harm. HubSpot may, with electronic or telephonic notice to you, suspend all or any access to the Subscription Service if your website, or use of, the Subscription Service:

·(i) is being subjected to denial of service attacks or other disruptive activity,

·(ii) is being used to engage in denial of service attacks or other disruptive activity,

·(iii) is creating a security vulnerability for the Subscription Service or others,

·(iv) is exhibiting anomalous usage patterns, consuming excessive bandwidth or storage, or shows other signs of potentially fraudulent or compromised access, or;

·(v) is causing harm to us or others.

·We will make commercially reasonable efforts to limit the suspension to the affected portion of the Subscription Service, and each party will make reasonable efforts to promptly resolve the issues causing the suspension of the Subscription Service. Nothing in this clause limits our right to terminate for cause as outlined above, 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.

4.4.44.4.4 Suspension and Termination of Free Services. We may suspend, limit, or terminate the Free Services for any reason at any time without notice. We may terminate your subscription to the Free Services due to your inactivity.

4.54.5 Effect of Termination or Expiration. If your paid subscription is terminated or expires, we will continue to make available to you our Free Services provided however, this may not be the case if your Agreement was terminated for cause.

·You will continue to be subject to this Agreement for as long as you have access to a HubSpot account.

·Upon termination or expiration of this Agreement, you will stop all use of the Subscription Service and HubSpot Content. If you terminate this Agreement for cause, we will promptly refund any prepaid but unused fees covering use of the Subscription Service after termination. For the avoidance of doubt, this refund does not include any fees owed from your use of HubSpot Payments, which is separately governed under the HubSpot Payments Terms of Use. If we terminate this Agreement for cause, you will promptly pay all unpaid fees due. Fees are otherwise non-refundable. 5. CUSTOMER DATA

5.15.1 Customer's Proprietary Rights. You own and retain all rights to the Customer Materials and Customer Data. You grant permission to us and our licensors to use the Customer Materials and Customer Data as necessary to provide the Subscription Service and Consulting Services to you, as permitted by this Agreement, and as permitted by applicable law. If you are using the Subscription Service or receiving Consulting Services on behalf of another party, then you represent and warrant that you have all sufficient and necessary rights and permissions to do so.

5.25.2 Limits on HubSpot. We will use Customer Data in order to provide the Subscription Service and Consulting Services to you, as permitted by this Agreement, and as permitted by applicable law.

5.35.3 Data Practices.

5.3.15.3.1 Machine Learning and AI. We may use Customer Data to develop, support, and improve HubSpot AI features and functionality. We may also use Customer Data to train our AI models in compliance with our obligations under the Agreement. You may opt out of having your Customer Data used for this purpose by updating your settings in your HubSpot account. If you opt out, we will no longer collect Customer Data to train our AI models, unless you later update your settings and opt in.

·HubSpot Terms Tip: Visit the "Opt out of HubSpot's machine learning data use" knowledge base article for more information. For the avoidance of doubt, opting-out of HubSpot AI model training does not prevent you from using HubSpot AI features.

5.3.25.3.2 HubSpot Tracking Code and Customer Websites. You may choose to include the HubSpot tracking code designed to monitor digital interactions (the "HubSpot Tracking Code") in Customer content you use in HubSpot, including your websites or digital properties ("Customer Websites"). The HubSpot Tracking Code is available to use with or without HubSpot enrichment products; please refer to the Product Specific Terms for additional details. We may use data collected through the HubSpot Tracking Code, which may include Personal Data such as IP addresses and other online identifiers ("Website Data") to provide, maintain, append, improve, enhance, and develop our commercial dataset and Subscription Services.

·The Controller-to-Controller terms of the DPA will not apply if you both (i) disable Intent data sharing collected from the HubSpot Tracking Code in your HubSpot account, and (ii) are not using enrichment products.

·HubSpot Terms Tip: For more information about how we process Website Data, see our knowledge base article "Install the HubSpot tracking code".

5.3.35.3.3 Privacy Policy. For more information on these practices, please see our Privacy Policy.

5.45.4 Protection of Customer Data. The terms of the DPA are hereby incorporated by reference and will apply to the extent any Customer Data includes Personal Data. The DPA sets out how we will process Personal Data on your behalf in connection with the Subscription Services provided to you under this Agreement. We will maintain commercially appropriate administrative, physical, and technical safeguards to protect Personal Data as described in the DPA, including our Security Measures in Annex 2 of our DPA.

5.55.5 Regional Data Hosting. We will store your Customer Data in a specific location or geographical region (e.g., United States, European Union, etc.) as part of your subscription subject to the terms of this Agreement (each a "Hosting Location"). Your Customer Data will be replicated for disaster recovery and back-up purposes within your regional Hosting Location.

·HubSpot Terms Tip: To confirm where your HubSpot account data is hosted, please see the HubSpot knowledge base article "HubSpot Cloud Infrastructure and Data Hosting | Frequently Asked Questions".

5.5.15.5.1 Exclusions to Hosting Location. The Hosting Location does not apply to or cover other services or types of data including (i) Add-Ons, Third-Party Products, or Beta Services (ii) Consulting Services; (iii) HubSpot Content; (iv) analytics generated in connection with the Subscription Service; (v) as indicated on the HubSpot Sub-Processors Page; or (vi) if Users or your end users access the Subscription Service outside of the Hosting Location. WE MAKE NO WARRANTY THAT A SPECIFIC HOSTING LOCATION WILL MEET YOUR DATA RESIDENCY REQUIREMENTS.

5.65.6 Data Transfers. We and our Affiliates may transfer Personal Data to the United States in connection with the Subscription Service in accordance with our DPA and our Privacy Policy.

5.75.7 Retention, Deletion and Retrieval of Customer Data. For information regarding the retention and deletion of Customer Data, please see the 'HubSpot Obligations' section of our DPA. You can learn more about your right to retrieve Customer Data from your HubSpot account in the 'Retrieval of Customer Data' sections as specified in our Product Specific Terms. 6. INTELLECTUAL PROPERTY

6.16.1 Ownership. This is an agreement for access to and use of the Subscription Service, and you are not granted a license to any software by this Agreement. We retain all intellectual property rights to the HubSpot Content, the Subscription Service, the Consulting Services, and any other products or services provided under this Agreement. You agree not to copy, rent, lease, sell, distribute, or create derivative works based on the HubSpot Content, the Subscription Service, or the Consulting Services in whole or in part, by any means, except as expressly authorized in writing by us. Our trademarks include, but aren't limited to, those listed on our trademarks page at http://legal.hubspot.com/trademarks (which we may update at any time without notice to you), and you may not use any of these without our prior written permission.

6.26.2 Suggestions. We encourage all customers to comment on the Subscription Service or Consulting Services, provide suggestions for improving it, and vote on suggestions they like. You agree that all such comments and suggestions will be non-confidential and that we own all rights to use and incorporate them into the Subscription Service or Consulting Services, without payment or attribution to you. 7. CONFIDENTIALITY

7.17.1 Confidential Information Obligations. The Receiving Party will: (i) protect the confidentiality of the Confidential Information of the Disclosing Party using the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind, but in no event less than reasonable care, (ii) not use any Confidential Information of the Disclosing Party for any purpose outside the scope of this Agreement, (iii) not disclose Confidential Information of the Disclosing Party to any third party (except those third party service providers used by us to provide some or all elements of the Subscription Service or Consulting Services and HubSpot Solutions Partners bound by confidentiality obligations), and (iv) limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates' employees, contractors and agents who need such access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.

7.27.2 Confidential Information Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if required to do so under any federal, state, or local law, statute, rule or regulation, subpoena or legal process; provided, however, that (i) the Receiving Party will provide the Disclosing Party with prompt notice of any request that it disclose Confidential Information, sufficient to allow the Disclosing Party to object to the request and/or seek an appropriate protective order or, if such notice is prohibited by law, the Receiving Party will disclose the minimum amount of Confidential Information required to be disclosed under the applicable legal mandate; (ii) the Receiving Party will refer the request to the Disclosing Party and will provide reasonable assistance to the Disclosing Party, at the Disclosing Party's cost, in opposing such disclosure or seeking a protective order, unless the Receiving Party is explicitly prohibited from doing so by law or court order; and (iii) in no event will the Receiving Party disclose Confidential Information to a party other than a government agency except under a valid order from a court having jurisdiction requiring the specific disclosure, including in circumstances where the Disclosing Party refuses to provide their consent or fails to respond to the Receiving Party's inquiries in connection with the request to disclose the Confidential Information. 8. PUBLICITY

8.18.1 Publicity Rights. You grant us the right to add your name and company logo to our customer list and website.

8.28.2 Publicity Opt-Out. You can opt-out of this use by filling out the Publicity Opt-Out form at https://legal.hubspot.com/publicity-opt-out-1. 9. INDEMNIFICATION

9.19.1 Customer Indemnification. You will indemnify, defend and hold us and our Affiliates harmless, at your expense, against any third-party claim, suit, action, or proceeding (each, an "Action") brought against us (and our officers, directors, employees, agents, service providers, licensors, and Affiliates) by a third party not affiliated with us or our Affiliates to the extent that such Action is based upon or arises out of

·(i) unauthorized or illegal use of the Subscription Service by you or your Affiliates,

·(ii) your or your Affiliates' noncompliance with or breach of this Agreement,

·(iii) your or your Affiliates' use of Third-Party Products, or

·(iv) the unauthorized use of the Subscription Service by any other person using your User information.

·We will: notify you in writing within thirty (30) days of our becoming aware of any such Action; give you sole control of the defense or settlement of such Action; and provide you (at your expense) with any and all information and assistance reasonably requested by you to handle the defense or settlement of the Action. You will not accept any settlement that (i) imposes an obligation on us; (ii) requires us to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on us without our prior written consent.

9.29.2 HubSpot Indemnification. We will indemnify, defend and hold you harmless, at our expense, against any Action brought against you (and your officers, directors, employees, agents, service providers, licensors, and Affiliates) by a third party not affiliated with you to the extent that such Action is based upon or arises out of an allegation that the Subscription Service infringes a valid patent in a member state of the Patent Cooperation Treaty, registered trademark, or registered copyright ("IP Indemnification").

·You will: notify us in writing within thirty (30) days of you becoming aware of any such Action; give us sole control of the defense or settlement of such Action; and provide us (at our expense) with any and all information and assistance reasonably requested by us to handle the defense or settlement of the Action. We will not accept any settlement that (i) imposes an obligation on you; (ii) requires you to make an admission; or (iii) imposes liability not covered by these indemnifications or places restrictions on you without your prior written consent.

·We will not have any obligation or liability under this section if the alleged Action is caused by or based on: (i) any combination of the Subscription Service with any hardware, software, equipment, or data not provided by us, (ii) modification of the Subscription Service by anyone other than us, or modification of the Subscription Service by us in accordance with specifications or instructions that you provided, (iii) use of the Subscription Service in violation of or outside the scope of this Agreement, (iv) an allegation that the Subscription Service consists of a function, system or method traditionally utilized in marketing, sales or services software that is not commercially unique to the Subscription Service, and the commercially unique aspects of the Subscription Service are not identified in the allegation giving rise to the Action, or (v) user interface or related user design elements not provided by us.

·Notwithstanding the foregoing, in the event of such Action, or if we believe that such Action is likely, we may, at our sole option and expense: (a) modify the Subscription Service or provide you with substitute Subscription Service that is non-infringing; or (b) obtain a license or permission for you to continue to use the Subscription Service, at no additional cost to you; or (c) if neither (a) nor (b) is, in our judgment, commercially practicable, terminate your access to the Subscription Service (or to a portion of the Subscription Service as necessary to resolve the claimed infringement) and refund any prepaid but unused fees covering use of the Subscription Service after termination in accordance with the 'Effect of Termination or Expiration' provision of this Agreement. THIS SECTION STATES OUR ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY ACTION PROVIDED FOR UNDER THIS SECTION.

1010. DISCLAIMERS; LIMITATION OF LIABILITY

10.110.1 Performance Warranty. We warrant that: (i) the Subscription Service and Consulting Services will be provided in a manner consistent with generally accepted industry standards, and (ii) we will not knowingly introduce any viruses or other forms of malicious code into the Subscription Service; provided however, this warranty will not apply to you if you only use the Free Services.

·In the event of non-conformance with this warranty, we will use commercially reasonable efforts to correct such non-conformance. If we cannot correct such non-conformance within sixty (60) days from the date when you notified us of the non-conformity (the "Remedy Period"), then either party may terminate this Agreement by providing the other party written notice within thirty (30) days after the end of the Remedy Period. If either party terminates the Agreement for this reason, we will promptly refund any prepaid but unused fees covering use of the Subscription Service after termination in accordance with the 'Effect of Termination or Expiration' provision of this Agreement.

·We will not have any obligation or liability under this section if the non-conformance is caused by or based on: (i) any combination of the Subscription Service with any hardware, software, equipment, or data not provided by us, (ii) modification of the Subscription Service by anyone other than us, or modification of the Subscription Service by us in accordance with specifications or instructions that you provided, or (iii) use of the Subscription Service in violation of or outside the scope of this Agreement.

·THIS SECTION STATES OUR ENTIRE LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM PROVIDED FOR UNDER THIS SECTION.

10.210.2 Disclaimer of Warranties. EXCEPT AS SET FORTH IN THE 'PERFORMANCE WARRANTY' SECTION AND WITHOUT LIMITING OUR OBLIGATIONS IN THE 'PROTECTION OF CUSTOMER DATA' SECTION OF THIS AGREEMENT, WE AND OUR AFFILIATES AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY, ACCURACY OR COMPLETENESS OF THE SUBSCRIPTION SERVICE, DATA SYNCHED TO OR MADE AVAILABLE FROM THE SUBSCRIPTION SERVICE, HUBSPOT CONTENT, OR THE CONSULTING SERVICES FOR ANY PURPOSE. APPLICATION PROGRAMMING INTERFACES (APIs) MAY NOT BE AVAILABLE AT ALL TIMES. TO THE EXTENT PERMITTED BY LAW, THE SUBSCRIPTION SERVICE, HUBSPOT CONTENT AND CONSULTING SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. WE DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH REGARD TO THE SUBSCRIPTION SERVICE AND THE CONSULTING SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

10.310.3 No Indirect Damages. TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY.

10.410.4 Limitation of Liability. TO THE EXTENT PERMITTED BY LAW, AND EXCEPT FOR (i) YOUR LIABILITY FOR PAYMENT OF FEES, (ii) YOUR LIABILITY ARISING FROM YOUR OBLIGATIONS UNDER THE 'INDEMNIFICATION' SECTION, (iii) OUR LIABILITY ARISING FROM OUR IP INDEMNIFICATION OBLIGATIONS UNDER THE 'INDEMNIFICATION' SECTION, AND (iv) YOUR LIABILITY FOR VIOLATION OF OUR INTELLECTUAL PROPERTY RIGHTS, IF EITHER PARTY OR ITS AFFILIATES IS DETERMINED TO HAVE ANY LIABILITY TO THE OTHER PARTY, ITS AFFILIATES OR ANY THIRD PARTY, THE PARTIES AGREE THAT THE AGGREGATE LIABILITY OF A PARTY AND ITS AFFILIATES WILL BE LIMITED TO A SUM EQUAL TO THE TOTAL AMOUNTS PAID OR PAYABLE FOR THE SUBSCRIPTION SERVICE IN THE TWELVE MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO A CLAIM; PROVIDED HOWEVER, THIS LIMITATION WILL NOT APPLY TO YOU IF YOU ONLY USE THE FREE SERVICES, AND IN THIS CASE, IF WE ARE DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY ARISING FROM YOUR USE OF THE FREE SERVICES, THEN OUR AGGREGATE LIABILITY WILL BE LIMITED TO ONE HUNDRED U.S. DOLLARS.

10.510.5 Third-Party Products. WE AND OUR AFFILIATES DISCLAIM ALL LIABILITY WITH RESPECT TO THIRD-PARTY PRODUCTS THAT YOU USE. OUR LICENSORS WILL HAVE NO LIABILITY OF ANY KIND UNDER THIS AGREEMENT.

10.610.6 Agreement to Liability Limit. YOU UNDERSTAND AND AGREE THAT ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, WE WOULD NOT PROVIDE THE SUBSCRIPTION SERVICE TO YOU. 11. GOVERNING LAW AND JURISDICTION

11.111.1 Customer Location. Your physical address (entered into your HubSpot Account as the "Company Address") will determine (i) the HubSpot entity entering into this Agreement, (ii) the address to which you should direct notices under this Agreement, (iii) the law that will apply in any dispute or lawsuit arising out of or in connection with this Agreement, and (iv) the courts that have jurisdiction over any such dispute or lawsuit, as set out in the Jurisdiction Specific Terms Appendix. As used in this Agreement, 'Customer Location' means your shipping or physical address.

11.211.2 Contracting Entity; Applicable Law; Additional Terms. If your (i) Customer Location is in North America or South America, (ii) you are located in a geographic region that does not otherwise fall into one of the designations described in the Jurisdiction Specific Terms Appendix, or (iii) if you use only the Free Services, then you are contracting with HubSpot, Inc., and this Agreement is governed by the laws of the Commonwealth of Massachusetts, U.S.A., without reference to conflicts of law principles. For contracts with HubSpot, Inc., both parties consent to the exclusive jurisdiction and venue in the courts of Boston, Massachusetts, U.S.A. for all disputes arising out of or relating to this Agreement.

11.2.111.2.1 U.S. Government Entities. If you are a U.S. local, state or federal government entity, then the HubSpot Government Customer Additional Terms Appendix to these General Terms will apply to your Agreement. If these terms apply to you, then they are incorporated into the Agreement and will control in the event of any conflict with the Agreement.

11.311.3 Jurisdiction Specific Terms Appendix. Additional jurisdiction specific requirements are available at the Jurisdiction Specific Terms Appendix to these General Terms and will apply to your Agreement.

11.3.111.3.1 Contracting Entity Precedent. The HubSpot entity identified on your Order Form is your contracting entity, even if it's different from the entity specified in the Jurisdiction Specific Terms Appendix. 12. MISCELLANEOUS

12.112.1 Amendment; No Waiver. We may modify any part or all of the Agreement by posting a revised version at http://legal.hubspot.com. The revised version will become effective and binding the next business day after it is posted. We will provide you notice of this revision by email or in-app notification. If you would like to receive an email notification when we update the Agreement, complete the form found at https://legal.hubspot.com/subscribe-tos-updates.

·If you do not agree with a modification to the Agreement, you must notify us in writing within thirty (30) days after we send notice of the revision. If you give us this notice, then your subscription will continue to be governed by the terms and conditions of the Agreement prior to modification until your next renewal date, after which the terms posted at http://legal.hubspot.com will apply. However, if we can no longer reasonably provide the subscription to you under the terms prior to modification (for example, if the modifications are required by law or result from general product changes), then the Agreement and/or affected Subscription Services will terminate upon our notice to you and we will promptly refund any prepaid but unused fees covering use of the Subscription Service after termination in accordance with the 'Effect of Termination or Expiration' provision of this Agreement.

·No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion.

12.212.2 Force Majeure. Except for payment obligations of amounts due under this Agreement, neither party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions; pandemic; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.

12.312.3 Actions Permitted. Except for actions for nonpayment or breach of a party's proprietary rights, no action, regardless of form, arising out of or relating to this Agreement may be brought by either party more than one (1) year after the cause of action has accrued.

12.412.4 Relationship of the Parties. You and we agree that no joint venture, partnership, employment, or agency relationship exists between us.

12.512.5 Compliance with Laws. We will comply with all U.S. state and federal laws (where applicable) in our provision of the Subscription Service, the Consulting Services and our processing of Customer Data. We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.

·We will comply with our Code of Business Conduct and Ethics which can be found on our Investor Relations page on hubspot.com; the Code of Business Conduct and Ethics is incorporated into this Agreement, and may be updated without additional notice to you. Any other linked materials available on our Investor Relations Page are for information only and not incorporated into these terms, and you may subscribe to notifications about updates to the Investor Relations page separately. You will comply with all applicable laws in your use of the Subscription Service and Consulting Services, including any applicable export or trade laws.

12.612.6 Severability. If any part of this Agreement or an Order Form is determined to be invalid or unenforceable by applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. The headings and section titles are provided for your convenience and ease of navigation only.

12.712.7 Notices. To HubSpot: Notice will be sent to the contact address set forth in the Jurisdiction Specific Terms Appendix, and will be deemed delivered as of the date of actual receipt.

·To you: your address as provided in our HubSpot Subscription account information for you. We may give electronic notices by general notice via the Subscription Service and may give electronic notices specific to you by email to your e-mail address(es) on record in our account information for you or through the notifications center of the Subscription Service. We may give notice to you by telephone calls to the telephone numbers on record in our account information for you. You must keep all of your account information current.

12.812.8 Entire Agreement. This Agreement (including the applicable Order), along with our Privacy Policy is the entire agreement between us for the Subscription Service and Consulting Services and supersedes all other proposals and agreements, whether electronic, oral or written, between us. We object to and reject any additional or different terms proposed by you, including those contained in your purchase order, acceptance, supplier portal, or website. Our obligations are not contingent on the delivery of any future functionality or features of the Subscription Service or dependent on any oral or written comments made by us regarding future functionality or features of the Subscription Service. We might make versions of this Agreement available in languages other than English. If we do, the English version of this Agreement will govern our relationship and the translated version is provided for convenience only and will not be interpreted to modify the English version of this Agreement.

12.912.9 Assignment. You will not assign or transfer this Agreement without our prior written consent, except that you may assign this Agreement to a successor by reason of merger, reorganization, sale of all or substantially all of your assets, change of control or operation of law. We may assign this Agreement to any HubSpot Affiliate or in the event of merger, reorganization, sale of all or substantially all of our assets, change of control or operation of law.

12.1012.10 No Third Party Beneficiaries. Nothing in this Agreement, express or implied, is intended to or will confer upon any third party person or entity any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.

12.1112.11 Contract for Services. This Agreement is a contract for the provision of services and not a contract for the sale of goods. The provisions of the Uniform Commercial Code (UCC), the Uniform Computer Information Transaction Act (UCITA), or any substantially similar legislation as may be enacted, will not apply to this Agreement. If you are located outside of the territory of the United States, the parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not govern this Agreement or the rights and obligations of the parties under this Agreement.

12.1212.12 Authority. Each party represents and warrants to the other that it has full power and authority to enter into this Agreement and that it is binding upon such party and enforceable in accordance with its terms. You further warrant and represent that you have the authority to procure your Affiliates compliance with the terms of this Agreement.

12.1312.13 Insurance. During the term of this Agreement, we will, at our own cost and expense, obtain and maintain in full force and effect, with reputable insurers having A.M. best ratings of at least A (VII) or better, liability insurance with coverage and minimum limits of liability as follows: (i) Commercial General Liability Insurance (Primary & Umbrella) or equivalent, with minimum limits of $1,000,000 Each Occurrence and $2,000,000 Aggregate; (ii) Workers' Compensation & Employers Liability Insurance (as required by the state), with minimum limits of $500,000 Each Accident, $500,000 Disease-Policy Limit and $500,000 Disease-Each Employee; (iii) Professional Liability (cyber/errors and omissions liability insurance), with a limit of $5,000,000; and (iv) Umbrella/Excess Liability Insurance, with a minimum limit of $2,000,000.

12.1412.14 Survival. The following sections will survive the expiration or termination of this Agreement: 'Definitions,' 'Fees,' 'Prohibited and Unauthorized Use,' 'Termination for Cause,' 'Suspension for Prohibited Acts,' 'Suspension for Non-Payment,' 'Suspension for Present Harm,' 'Suspension and Termination of Free Services,' 'Effect of Termination or Expiration,' 'Intellectual Property,' 'Customer's Proprietary Rights,' 'Confidentiality,' 'Publicity,' 'Indemnification,' 'Disclaimers; Limitations of Liability,' 'Miscellaneous' and 'Contracting Entity and Applicable Law.' Additionally, the 'Retrieval of Customer Data' sections, and the 'Beta Services' section of the Product Specific Terms page will survive expiration or termination of this Agreement.

12.1512.15 Precedence. In the event of a conflict between the terms of the Agreement and an Order, the terms of the Order will control, but only as to that Order.

·If you are a U.S. local, state or federal government entity, including public institutions of higher education, that uses the HubSpot Subscription Services (a "Government Customer"), then these HubSpot Government Customer Additional Terms apply. We may update or change these terms in the same way as we can our Agreement as we describe in the 'Amendment; No Waiver' section of our General Terms.

·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 General Terms 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 General Terms 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 General Terms if applicable: "ALSO PROVIDED HOWEVER, THIS LIMITATION WILL NOT APPLY TO EITHER PARTIES' LIABILITY ARISING FROM ITS NEGLIGENCE THAT RESULTS IN BODILY INJURY, DEATH, OR DAMAGE TO TANGIBLE PROPERTY."

44. CONTRACTING ENTITY AND APPLICABLE LAW

·The 'Contracting Entity, Applicable Law, Additional Terms' section of the 'Governing Law and Jurisdiction' section of the General Terms 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.