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Terms of Service

Last Updated: March 28, 2026 · Effective: March 28, 2026

These Terms of Service ("Terms") govern your use of Safe Merge ("the Service"), a HubSpot integration operated by Third Space, LLC ("Thirdspace," "we," "us," or "our"). By installing, accessing, or using Safe Merge, you agree to be bound by these Terms. If you do not agree, do not install or use the Service.

These Terms incorporate by reference our Privacy Policy, Data Processing Agreement, Acceptable Use Policy, and Cookie Policy.

1. Service Description

Safe Merge is a HubSpot CRM integration that provides:

  • Automatic pre-dedup snapshots of contact, company, and deal records before each merge
  • Merge detection and one-click snapshot-based unmerge to restore records to their pre-merge state
  • 3-stage duplicate detection (exact matching, fuzzy matching, and advanced matching with web verification) to identify potential duplicate records across contacts, companies, and deals
  • Web search verification to validate duplicate matches against publicly available information
  • Dedup dashboard for reviewing and acting on detected duplicates at scale
  • Emergency Unmerge using proprietary reconstruction of pre-merge record states when no pre-merge snapshot exists
  • Downloadable snapshot archives for audit and compliance
  • Audit trail for all merge, unmerge, and dedup operations

2. Account and Access

2.1. You must have an active HubSpot account to use Safe Merge.

2.2. You must authorize Safe Merge via HubSpot's OAuth 2.0 flow, granting the requested CRM data access scopes.

2.3. You are responsible for maintaining the security of your HubSpot account. Safe Merge is not responsible for unauthorized access resulting from compromised HubSpot credentials.

2.4. You must be a Super Admin or have sufficient permissions in your HubSpot portal to install and configure Safe Merge.

2.5. You represent and warrant that you have the authority to bind your organization to these Terms.

3. Plans, Billing, and Credits

3.1 Subscription Plans

Plan Monthly Annual Records Unmerges EU Ops/mo Web Search Retention
Free $0 $0 2,000 3/month 0 0 7 days
Starter $29/mo $21/mo ($252/yr) 10,000 Unlimited 10 0 30 days
Growth $79/mo $59/mo ($708/yr) 50,000 Unlimited 25 250 90 days
Pro $179/mo $129/mo ($1,548/yr) 250,000 Unlimited 50 500 180 days
Enterprise $349/mo $249/mo ($2,988/yr) 1,000,000 Unlimited Unlimited 1,000 365 days

All prices are in US dollars and exclude applicable taxes. Annual billing represents a discount over monthly billing.

3.2 Emergency Unmerge Credits

Emergency Unmerge operations require credits, which are purchased separately from subscription plans. All purchases of Emergency Unmerge Credits are final and non-refundable, except where required by applicable law. Credits represent a prepaid right to access the Emergency Unmerge reconstruction service and are not a bank account, digital wallet, or stored value instrument. Credits are non-transferable and may not be sold, gifted, traded, or exchanged for cash. Credits do not expire.

Self-Serve Purchase Limits: The maximum self-serve credit purchase is 25,000 credits ($1,000) per transaction. This limit applies to all self-serve checkout methods (per-credit purchases and bundles). If your project requires more than 25,000 credits, please contact our team at joshua@thirdspaced.com to arrange a custom volume purchase. We offer enterprise pricing and invoiced billing for large-scale unmerge projects.

3.2a What You Are Purchasing

WHEN YOU USE CREDITS TO INITIATE A RECONSTRUCTION, YOU ARE PURCHASING A PROPRIETARY ANALYSIS OF YOUR MERGED RECORD DATA. THE ANALYSIS IS THE PRIMARY DELIVERABLE. THE ABILITY TO EXECUTE PROPERTY CHANGES AND RECORD RECREATION IN HUBSPOT IS A SUPPLEMENTARY SERVICE PROVIDED ON TOP OF THE ANALYSIS.

The Emergency Unmerge service is delivered in stages:

  1. Scan (free): A free complexity assessment of the merged record. No credits are consumed. You may cancel at this stage for a full credit refund.
  2. Reconstruction (credits consumed): When you click "Generate Reconstruction Plan," your credits are immediately consumed to pay for processing via Anthropic's API. This is the point of no return for credit refunds. The system analyzes property history, timestamps, associations, and engagement data to produce a detailed reconstruction analysis. This analysis, including per-property attributions, confidence scores, merge forensics, and association mappings, is your primary deliverable and is available as a downloadable JSON file regardless of whether you proceed to execution.
  3. Review: You review the reconstruction and may edit, override, or accept the system's recommendations. You may abandon the operation at this stage, but credits are not refunded because the analysis has already been generated and delivered.
  4. Execute (optional): If you choose to proceed, the service applies property changes and recreates records in HubSpot based on your reviewed and approved reconstruction. Execution is a supplementary service provided at no additional credit cost beyond the reconstruction.

To be explicit: Credits pay for the reconstruction analysis. The analysis is delivered when reconstruction completes, whether or not you execute changes in HubSpot. You receive the full analysis report (downloadable JSON) even if you choose not to execute. Once reconstruction begins, credits are non-refundable because the processing cost has been incurred.

EU/EEA/UK Consumers: By purchasing credits, you expressly consent to the immediate provision of the digital service and acknowledge that you lose your right of withdrawal once credits are added to your account, in accordance with Article 16(m) of the EU Consumer Rights Directive (Directive 2011/83/EU). This consent will be confirmed via a checkbox at the point of purchase.

Australian Consumers: Our services come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage.

3.3 Cross-Product Benefits

Active paid Safe Merge subscribers (Starter tier and above) receive a monthly allowance of Emergency Unmerge operations as specified in the plan table above. Operations beyond the monthly allowance require credits purchased at standard rates. Enterprise tier subscribers receive unlimited Emergency Unmerge operations. This benefit remains active for the duration of your paid Safe Merge subscription and terminates upon downgrade to the Free plan or cancellation.

3.3a Emergency Unmerge Monthly Allowance Terms

The following terms govern Emergency Unmerge monthly allowances included with paid Safe Merge subscriptions:

  • Allowances are per billing cycle, non-transferable, and do not roll over to subsequent months.
  • Overage pricing: $0.05/credit for Starter tier; $0.04/credit for Growth tier and above.
  • Monthly allowances reset on the first day of each calendar month.
  • Third Space reserves the right to adjust allowance quantities with 30 days notice to subscribers.

3.4 Billing and Payment

Billing is processed through Stripe. You authorize recurring charges at the frequency you select (monthly or annual). You may cancel your subscription at any time; cancellation takes effect at the end of the current billing period.

If payment fails, unmerge functionality is disabled immediately. Snapshots continue for a 14-day grace period. After the grace period, all paid features are suspended until payment is restored.

3.5 Taxes

Prices are exclusive of applicable taxes (sales tax, VAT, GST). You are responsible for all applicable taxes based on your jurisdiction. We use Stripe Tax to calculate and collect applicable taxes where required.

3.6 No Refund Policy

ALL SUBSCRIPTION PAYMENTS, CREDIT PURCHASES, AND OTHER FEES ARE FINAL AND NON-REFUNDABLE. WE DO NOT OFFER REFUNDS FOR ANY REASON, INCLUDING BUT NOT LIMITED TO: PARTIAL BILLING PERIODS, UNUSED SUBSCRIPTION TIME, UNUSED CREDITS, PLAN DOWNGRADES, DISSATISFACTION WITH SERVICE RESULTS, CRM DATA OUTCOMES, OR VOLUNTARY CANCELLATION.

This no-refund policy applies to all payments made to Thirdspace, including subscription fees, Emergency Unmerge credit purchases, and any other charges. By making a purchase, you acknowledge that you have read and agree to this policy.

Emergency Unmerge credit refund rules:

  • Before reconstruction: If you cancel an operation before clicking "Generate Reconstruction Plan" (i.e., while in "scanned" status), credits reserved for that operation are refunded to your balance.
  • After reconstruction begins: Once you click "Generate Reconstruction Plan," credits are permanently consumed. No refund is available regardless of whether you review, edit, execute, or abandon the operation. The analysis has been generated and delivered to you.
  • Dissatisfaction with reconstruction accuracy: Reconstruction accuracy varies by record complexity. Low confidence scores, incorrect attributions, or unsatisfactory results do not entitle you to a credit refund. You received the analysis, which is the deliverable you purchased.

Remedies in lieu of refunds: If you experience a genuine, verifiable service malfunction (not including dissatisfaction with reconstruction accuracy or CRM data outcomes), Thirdspace may, at its sole and absolute discretion, offer one or more of the following remedies: (a) service credits toward future billing periods; (b) complimentary subscription time; (c) additional Emergency Unmerge credits. These remedies are offered as a courtesy, not an obligation, and do not create any entitlement to future remedies.

Chargebacks and payment disputes: If you initiate a chargeback or payment dispute with your bank or credit card company for a legitimate charge, we reserve the right to: (a) immediately suspend all services on your portal; (b) terminate your account; (c) pursue collection of the disputed amount plus any fees incurred; and (d) report the dispute to applicable fraud databases. You agree to contact us at joshua@thirdspaced.com before initiating any payment dispute.

Exceptions required by law: Nothing in this section limits refund rights that cannot be waived under applicable mandatory consumer protection laws. For EU/EEA consumers, statutory rights under the Consumer Rights Directive are preserved as described in Section 3.2. For Australian consumers, guarantees under the Australian Consumer Law that cannot be excluded are preserved as described in Section 3.2.

3.7 California Automatic Renewal

For California consumers: Your paid subscription will automatically renew at the end of each billing period at the then-current rate. We will provide at least 30 days' notice before any price increase takes effect. You may cancel your subscription at any time through the Account portal (click-to-cancel). We will send annual renewal reminders as required by the California Automatic Renewal Law (Business and Professions Code §17600 et seq., as amended by AB 2863).

4. Duplicate Detection Processing

Safe Merge includes 3-stage duplicate detection that uses exact matching, fuzzy matching, and advanced pattern matching to analyze your CRM records and identify potential duplicates. By enabling or using duplicate detection features, you acknowledge and agree to the following:

  1. Data transmitted for analysis: When duplicate detection runs, relevant CRM field data (names, email addresses, phone numbers, company names, domains, deal names, and other identifying properties) is transmitted to Anthropic's API for comparison and analysis.
  2. Probabilistic matching: Duplicate detection results are probabilistic assessments, not definitive determinations. The system assigns confidence scores to potential matches, but false positives and false negatives may occur. You are solely responsible for reviewing and verifying all duplicate suggestions before taking action.
  3. Web search verification: Safe Merge may use web search tools to verify duplicate matches by retrieving publicly available information about contacts, companies, or deals. This public information is used solely to improve match confidence and is not stored beyond the analysis session. See Section 4a for details.
  4. No model training: Your CRM data transmitted for duplicate detection is not used to train models, per Anthropic's Commercial Terms of Service.
  5. Dedup Dashboard: The dedup dashboard allows you to review and act on detected duplicates at scale. You must review duplicate suggestions before approving merges. Mass-merging without review is prohibited under our Acceptable Use Policy.

4a. Web Search Verification

Safe Merge may use web search tools as part of duplicate detection to retrieve publicly available information from the internet. This is used to validate and enhance the confidence of duplicate match results. You acknowledge that:

  • Publicly available information (company websites, LinkedIn profiles, business directories, etc.) may be retrieved during analysis
  • Web search results are used solely within the context of the duplicate detection analysis and are not persistently stored
  • The accuracy and availability of web search results depends on publicly accessible information and is not guaranteed
  • Web search verification is an optional enhancement; core duplicate detection functions without it

4b. Web Search Pair Caps

Web search enrichment applies to a maximum number of ambiguous pairs per dedup scan as specified in the plan table in Section 3.1. The following terms apply:

  • Each dedup scan may use web search enrichment for up to the number of ambiguous pairs specified by your plan tier.
  • Pairs beyond the cap receive standard AI evaluation without web search enrichment.
  • Free and Starter tiers do not include web search enrichment; all pairs on these tiers receive standard AI evaluation only.

5. Snapshot Data Storage

Safe Merge creates and stores CRM record snapshots to enable merge protection and unmerge capabilities. Snapshot data storage is governed by the following terms:

5.1 Snapshot Storage Locations

  • Database storage (primary): Full CRM record snapshots, including all property values and association mappings, are stored in our PostgreSQL database hosted on Render. This is the authoritative copy used for all unmerge operations.
  • HubSpot property storage (supplementary): Where technically feasible (within HubSpot's 65 KB per-property limit), an encoded copy of the snapshot is also written to a custom property on the record in your HubSpot portal. Records with large association graphs or extensive property data may exceed this limit, in which case the snapshot is stored in our database only.

5.2 Retention by Plan Tier

PlanSnapshot Retention Period
Free7 days
Starter30 days
Growth90 days
Pro180 days
Enterprise365 days

Snapshots older than your plan's retention period are automatically purged. Upon account termination, snapshot data is retained for an additional 30 days to allow data export, then permanently deleted.

5.3 GDPR Implications

Snapshot data may contain personal data of your CRM contacts. As the Data Controller, you are responsible for ensuring that snapshot storage complies with your GDPR obligations, including lawful basis for processing, data subject rights, and retention limitations. Our Data Processing Agreement governs our processing of snapshot data on your behalf.

6. Acceptable Use

Your use of Safe Merge is subject to our Acceptable Use Policy, which is incorporated into these Terms. In summary, you agree not to:

  • Use the Service to violate any applicable law or regulation
  • Attempt to reverse-engineer, decompile, or extract source code from the Service
  • Use automated tools to stress-test or overload the Service's API endpoints
  • Share your Safe Merge access with unauthorized third parties
  • Process data for which you do not have lawful authorization
  • Circumvent usage limits, billing controls, or security measures
  • Use the Service to transmit malware, spam, or other malicious content
  • Execute bulk merges via the Bulk Merge Audit feature without reviewing duplicate suggestions

7. Assumption of Risk: CRM Data Operations

YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE USE OF SAFE MERGE INVOLVES OPERATIONS ON YOUR LIVE, PRODUCTION CRM DATA, INCLUDING BUT NOT LIMITED TO CREATING, MODIFYING, AND DELETING RECORDS AND ASSOCIATIONS. THESE OPERATIONS ARE INHERENTLY RISKY AND MAY RESULT IN UNINTENDED DATA CHANGES, DATA LOSS, OR DATA CORRUPTION. YOU ASSUME ALL RISK ASSOCIATED WITH SUCH OPERATIONS.

By installing and using Safe Merge, you acknowledge and agree to all of the following:

  1. Production data risk: Safe Merge operates directly on your live HubSpot CRM data. There is no sandbox, staging environment, or "undo" button for Safe Merge operations themselves. Once an unmerge is executed, the changes are applied immediately to your production CRM.
  2. Enterprise data responsibility: If you are using Safe Merge on an enterprise HubSpot portal containing mission-critical business data, you are solely responsible for: (a) maintaining independent backups of your CRM data; (b) testing Safe Merge on non-production portals before deploying to production; (c) ensuring that your team understands the implications of unmerge operations; and (d) reviewing all reconstructions before approval.
  3. HubSpot platform limitations: Safe Merge operates within the constraints of HubSpot's API. HubSpot may change, deprecate, or restrict API functionality at any time without notice. Safe Merge cannot guarantee that any operation will succeed, produce expected results, or be reversible if HubSpot's platform changes.
  4. No guaranteed outcomes: We do not guarantee that any unmerge operation - whether snapshot-based or reconstruction-based - will perfectly restore records to their exact pre-merge state. Snapshot-based unmerge depends on snapshot completeness and timing; Emergency Unmerge produces probabilistic reconstructions.
  5. Duplicate detection risk: Duplicate detection results are probabilistic. Acting on false-positive duplicate suggestions may result in incorrect merges. You are solely responsible for verifying all duplicate matches before merging records.
  6. Your duty to verify: You are solely responsible for verifying the results of every unmerge operation and every duplicate detection suggestion. We strongly recommend reviewing recreated records immediately after unmerge completion. Thirdspace is not liable for any consequences of operations that you did not verify.
  7. Backup recommendation: We strongly recommend that you maintain independent backups of your CRM data before performing any unmerge operation, particularly for high-value or enterprise accounts. Thirdspace is not a backup service and does not guarantee data recovery.

8. Reconstructions: Important Disclaimer

THE EMERGENCY UNMERGE FEATURE USES PROPRIETARY ALGORITHMS TO PRODUCE PROBABILISTIC RECONSTRUCTIONS OF PRE-MERGE CRM RECORD STATES. THESE RECONSTRUCTIONS ARE NOT GUARANTEED TO BE ACCURATE, COMPLETE, OR IDENTICAL TO THE ORIGINAL PRE-MERGE DATA.

By using the Emergency Unmerge feature, you acknowledge and agree that:

  1. Reconstructions may contain errors, omissions, or inaccuracies.
  2. Reconstructions represent a probabilistic "best guess" analysis, not a guaranteed reproduction of original data.
  3. You MUST independently review, verify, and approve all reconstructions before executing any changes to your CRM data.
  4. You accept sole responsibility for reviewing reconstruction outputs and approving their execution.
  5. Once you approve and execute a reconstruction, Thirdspace has no liability for the consequences of those changes.
  6. Any use of reconstructions is at your sole risk.

The Emergency Unmerge feature includes a mandatory human-in-the-loop review step. No reconstructed changes are applied to your CRM until you explicitly review and approve them. A superficial or rubber-stamp review does not satisfy this requirement - you are expected to genuinely evaluate each reconstruction before approval.

Reconstruction accuracy is not guaranteed for any use case, data volume, or record complexity level. The fact that Emergency Unmerge may produce highly accurate results in some cases does not guarantee accuracy in your case. Each reconstruction is unique, and accuracy depends on the quality and completeness of the post-merge data available for analysis.

9. Data and Privacy

9.1. Safe Merge accesses your HubSpot CRM data solely to provide its services. See our Privacy Policy for complete details.

9.2. Full CRM record snapshots (property values and association mappings) are stored in our encrypted PostgreSQL database to enable unmerge operations. Where feasible, a supplementary copy is also written to HubSpot custom properties on your records. See Section 5 for details on storage locations and retention.

9.3. We store OAuth tokens (encrypted), billing information, and usage metrics on our infrastructure.

9.4. You retain full ownership of your CRM data at all times.

9.5. Our processing of CRM data on your behalf is governed by our Data Processing Agreement.

10. Intellectual Property

10.1. Your Data: You retain all rights, title, and interest in your CRM data (inputs) and in reconstruction outputs upon their generation. We claim no ownership over your data.

10.2. Our Service: Thirdspace retains all rights, title, and interest in the Service, including all software, algorithms, models, interfaces, documentation, and underlying technology. These Terms do not grant you any rights to our intellectual property except the limited right to use the Service.

10.3. No Training: Your CRM data is not used to train models. This applies to both our own systems and Anthropic's API (per Anthropic's Commercial Terms).

10.4. Feedback: If you provide suggestions or feedback about the Service, we may use it without obligation to you.

11. Service Availability and Limitations

11.1. We will use commercially reasonable efforts to make the Service available but do not guarantee any specific uptime percentage, SLA, or uninterrupted availability. The Service is not designed or intended to meet the requirements of any specific uptime commitment.

11.2. Safe Merge depends on HubSpot's API availability and rate limits. Service interruptions, degraded performance, or data inconsistencies caused by HubSpot are outside our control and do not constitute a breach of these Terms or entitle you to any remedy.

11.3. Snapshot completeness depends on HubSpot API responses. Properties that HubSpot does not expose via API, properties added after the last snapshot, and associations created between snapshot cycles cannot be included in snapshots. Snapshots are a point-in-time capture, not a real-time mirror.

11.4. Unmerge operations recreate abolished records as new HubSpot records with new IDs. The original record ID of the abolished record cannot be preserved (HubSpot platform limitation). This may affect external integrations that reference the original record ID.

11.5. Certain HubSpot read-only properties (e.g., createdate, analytics source data) cannot be written back to recreated records. Safe Merge stores these values in mirror properties for reference but does not guarantee that mirror property values will be usable in reports, workflows, or integrations.

11.6. Safe Merge is not a disaster recovery, business continuity, or general-purpose CRM backup solution. It is purpose-built for merge recovery and duplicate management only.

12. Third-Party API Dependencies

The Service relies on third-party APIs including HubSpot and Anthropic. These third parties may modify, limit, or discontinue their services at any time. Thirdspace is not responsible for any changes to third-party services that affect the functionality, availability, or accuracy of the Service. In the event of material changes to third-party APIs that significantly impact the Service, we will use commercially reasonable efforts to adapt or provide alternative functionality.

13. Disclaimer of Warranties

THE SERVICE, INCLUDING ALL RECONSTRUCTION FEATURES, DUPLICATE DETECTION FEATURES, AND OUTPUTS, IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIRDSPACE LLC DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, Thirdspace does not warrant that: (a) the Service will meet your requirements or expectations; (b) the Service will be uninterrupted, timely, secure, or error-free; (c) any data recovered, restored, or reconstructed through the Service will be accurate, complete, or identical to original pre-merge data; (d) any defects in the Service will be corrected; (e) the Service will be compatible with your specific HubSpot configuration, custom objects, or third-party integrations; (f) snapshot data will be sufficient to fully restore any record; (g) the Service will be available at any particular time or from any particular location; or (h) duplicate detection results will be accurate or complete.

EU Consumer Notice: For consumers in the European Union, nothing in these Terms excludes or limits mandatory consumer protections provided by the Digital Content Directive (EU) 2019/770, including rights related to conformity of digital content, updates, and remedies.

14. Limitation of Liability

THIS SECTION IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND THIRDSPACE. THE SERVICE WOULD NOT BE PROVIDED TO YOU WITHOUT THESE LIMITATIONS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  • No Indirect Damages: In no event shall Thirdspace be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to damages for: loss of profits, revenue, or business; loss of data or data integrity; loss of goodwill; business interruption; cost of substitute services; CRM data corruption, contamination, or unintended modification; loss of customer relationships or business opportunities; regulatory fines or penalties; or any other intangible losses - even if Thirdspace has been advised of the possibility of such damages and even if a remedy set forth herein is found to have failed of its essential purpose.
  • Specific CRM Data Exclusions: Without limiting the foregoing, Thirdspace shall have absolutely no liability for: (a) any changes to your CRM data resulting from unmerge operations that you initiated and approved; (b) inaccuracies in reconstructions or duplicate detection results; (c) data loss resulting from HubSpot API changes, limitations, or failures; (d) associations or properties that were not captured in a snapshot; (e) consequences of operating on production CRM data; (f) any downstream effects on reports, workflows, integrations, or business processes caused by record creation, modification, or deletion during unmerge or merge operations; or (g) any failure to meet your specific data recovery expectations.
  • Aggregate Liability Cap: Thirdspace's total aggregate liability for ALL claims arising out of or related to these Terms or the Service, regardless of the form of action (whether in contract, tort, strict liability, or otherwise), shall not exceed the lesser of: (a) the total fees actually paid by you to Thirdspace in the 3 months immediately preceding the event giving rise to the claim, or (b) fifty US dollars ($50). This cap applies collectively to Thirdspace, its officers, directors, employees, agents, and affiliates.

These limitations apply regardless of the legal theory on which the claim is based, whether you have been advised of the possibility of such damages, and even if a limited remedy set forth in these Terms is found to have failed of its essential purpose. The parties acknowledge that the fees charged reflect the allocation of risk set forth in this agreement and that neither party would enter into this agreement without these limitations on liability.

EU Consumer Notice: For consumers in the European Union, these limitations do not exclude or limit liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be excluded or limited under mandatory applicable law.

15. Indemnification

You agree to indemnify, defend, and hold harmless Thirdspace LLC, its officers, directors, members, employees, agents, successors, and assigns from and against any and all claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees and costs of litigation) arising from or related to:

  1. Your use of the Service, including all snapshot-based and reconstruction-based unmerge operations and duplicate detection features;
  2. Any changes made to your CRM data through the Service, whether initiated by you or by automated processes you configured;
  3. Your failure to review, verify, or edit any unmerge output (snapshot-based or reconstruction-based) or duplicate detection suggestion before execution;
  4. Any actions taken or decisions made based on data restored, reconstructed, or modified by the Service;
  5. Your violation of these Terms, the Acceptable Use Policy, or any applicable law or regulation;
  6. Any third-party claims resulting from changes made to CRM data through the Service, including but not limited to claims from your customers, employees, partners, or regulators;
  7. Your failure to maintain adequate backups of your CRM data;
  8. Your use of the Service on production or enterprise CRM portals;
  9. Any infringement of any third party's rights;
  10. Your initiation of a chargeback or payment dispute for a legitimate charge.

This indemnification obligation survives termination of these Terms and your use of the Service.

16. Force Majeure

Neither party shall be liable for failure or delay in performance due to circumstances beyond reasonable control, including but not limited to: acts of God, natural disasters, pandemics, government actions, changes in law, internet failures, cyberattacks, changes to or discontinuation of third-party APIs or services (including HubSpot APIs and Anthropic services), power failures, and labor disputes.

17. Privacy and Data Deletion

17.1. We comply with HubSpot's contact.privacyDeletion webhook. When HubSpot sends a GDPR deletion event, we permanently delete all stored data associated with that contact from our systems.

17.2. We process data subject access, deletion, and portability requests as described in our Privacy Policy.

17.3. Our processing of CRM data is governed by our Data Processing Agreement.

18. Termination and Data Handling

18.1. You may uninstall Safe Merge at any time from your HubSpot portal settings.

18.2. We may suspend or terminate your access immediately and without notice if you: violate these Terms; fail to pay amounts owed; initiate a chargeback or payment dispute; or if continued provision of the Service becomes impractical due to third-party changes, legal requirements, or risk to our systems.

18.3. Upon termination:

  • Access to the Service ceases immediately
  • OAuth tokens are invalidated
  • Customer data in our PostgreSQL database is deleted within 30 days
  • Data export is available upon request within 14 days of termination
  • Custom properties created by Safe Merge remain on your HubSpot records (you may delete them manually in HubSpot Settings → Properties)
  • Unused Emergency Unmerge credits remain accessible if you reinstall; credits are non-refundable except where prohibited by applicable law

18.4. No refunds upon termination. Termination does not entitle you to any refund of fees paid, whether the termination is initiated by you or by Thirdspace.

18.5. The following sections survive termination: Sections 3.6 (No Refund Policy), 7 (Assumption of Risk), 8 (Reconstruction Disclaimer), 10 (IP), 13 (Disclaimer), 14 (Liability), 15 (Indemnification), 20 (Arbitration), and 22 (Governing Law).

19. Modifications to Terms

We may update these Terms at any time. For material changes, we will provide at least 30 days' notice via email to the portal administrator before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms. If you do not agree to the revised Terms, you may terminate your use of the Service.

20. Dispute Resolution and Arbitration

20.1 Informal Resolution

Before initiating any formal proceedings, you agree to first attempt to resolve any dispute informally by contacting us at joshua@thirdspaced.com. Both parties will negotiate in good faith for at least 30 days.

20.2 Binding Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall be conducted by a single arbitrator in the English language. The arbitrator's decision shall be final and binding.

20.3 Class Action Waiver

YOU AND THIRDSPACE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate the claims of multiple parties.

20.4 Small Claims and Exceptions

Notwithstanding the above: (a) either party may seek equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights; (b) either party may bring claims in small claims court if the claim qualifies; and (c) this arbitration clause does not apply where prohibited by applicable law, including for consumers in the EU/EEA who retain the right to bring proceedings in their local courts.

21. Export Compliance

You agree to comply with all applicable export control and sanctions laws. You represent that you are not located in, or a national or resident of, any country subject to comprehensive US sanctions, and that you are not on any US government restricted party list.

22. Governing Law

These Terms are governed by the laws of the State of Texas, United States, without regard to conflict of law principles. For EU/EEA consumers, mandatory consumer protection laws of your country of residence apply to the extent they provide greater protection.

23. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect.

24. Entire Agreement and Contact

These Terms, together with the Privacy Policy, Data Processing Agreement, Acceptable Use Policy, and Cookie Policy, constitute the entire agreement between you and Thirdspace regarding the Service and supersede all prior agreements and understandings.

Third Space, LLC
Email: joshua@thirdspaced.com
Website: https://safemerge.app

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