Terms of Service

1. Acceptance of Terms

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and the terms "you" and "your" shall refer to that organization.

If you do not agree to these Terms, you may not access or use the Service. We reserve the right to update these Terms at any time at our sole discretion, and your continued use of the Service after such changes constitutes acceptance of the new Terms. You must be at least 16 years of age (or the applicable minimum age in your jurisdiction) to use the Service. If you are under 18, you represent that you have your parent or guardian's consent.

2. Description of Service

38Hub is an AI-powered content production studio designed for content creators. The Service provides tools for idea generation and management, AI-assisted content writing and editing, visual content creation, video production assistance, content scheduling, and publishing workflows. The platform supports bilingual content creation in English and Bangla.

We reserve the right to modify, suspend, or discontinue the Service (or any part, feature, or functionality thereof) at any time, for any reason, with or without notice, at our sole discretion. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service, including but not limited to loss of data, loss of access, or any other consequence arising from such action.

3. Account Registration

3.1 Accurate Information

You must provide accurate and complete information when creating your account through Google OAuth. You agree to keep your account information current and accurate at all times. Providing false, misleading, or outdated information may result in immediate suspension or termination of your account.

3.2 One Account Per Person

Each individual is permitted to create and maintain only one account on the Service. Creating multiple accounts to circumvent usage limits, bans, or any other restrictions is strictly prohibited and will result in the termination of all associated accounts without notice.

3.3 Account Security

You are solely responsible for maintaining the security of your account, including your Google account credentials. You must immediately notify us of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to maintain the confidentiality of your account credentials or from unauthorized access to your account.

4. Content & Intellectual Property Ownership

4.1 Platform Intellectual Property

The Service, including all software, code, algorithms, designs, user interface elements, text, graphics, logos, trademarks, and all other intellectual property embodied in or associated with the Service, is and shall remain the exclusive property of 38Hub and its licensors. Nothing in these Terms grants you any right, title, or interest in the Service beyond the limited right to use it in accordance with these Terms. You may not copy, modify, distribute, sell, lease, or create derivative works based on any part of the Service without our prior written consent.

4.2 Your Content

You retain ownership of original content that you create and upload to the Service ("User Content"). You are solely responsible for your User Content and the consequences of posting or publishing it through the Service or on external platforms.

4.3 License You Grant Us

By using the Service, you grant 38Hub a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, modify, adapt, process, display, distribute, and create derivative works from your User Content for the purposes of: (a) providing, operating, and maintaining the Service; (b) improving, developing, and enhancing the Service and our products; (c) training and improving our internal systems and algorithms (using anonymized or aggregated data); (d) creating anonymized benchmarks, reports, and marketing materials; and (e) any other purpose related to our business operations using anonymized or aggregated data. This license survives termination of your account with respect to anonymized and aggregated data derived from your User Content.

5. AI-Generated Content

The Service enables you to generate content using artificial intelligence through third-party providers. AI-generated content may include text, ideas, suggestions, scores, images, and other creative output. We make no guarantees, representations, or warranties regarding the accuracy, completeness, originality, non-infringement, or suitability of any AI-generated content for any particular purpose.

You are solely responsible for reviewing, editing, and verifying all AI-generated content before using, publishing, or distributing it. AI-generated content may contain factual errors, biased perspectives, or content that infringes on the intellectual property rights of others. You must not rely on AI-generated content without independent verification. 38Hub is not responsible for any claims, damages, liabilities, costs, or losses arising from your use, publication, or distribution of AI-generated content. By publishing AI-generated content, you assume full responsibility as if you had authored it yourself.

6. Acceptable Use

Your use of the Service is governed by our Acceptable Use Policy, which is incorporated into these Terms by reference. Violation of the Acceptable Use Policy may result in immediate suspension or termination of your account at our sole discretion, without notice and without refund.

7. Billing & Payments

7.1 Subscription Model

38Hub offers both free and paid subscription plans. Paid plans are billed on a monthly or annual basis, depending on the plan you select. Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.

7.2 Pricing Changes

We reserve the right to change the pricing of any plan at any time at our sole discretion. For existing paid subscribers, price changes will take effect at the start of the next billing cycle following notice of the change. Your current subscription term will be honored at the price in effect at the time of purchase or last renewal. If you do not agree to a price change, you may cancel your subscription before the next renewal date.

7.3 Refund Policy

Monthly subscriptions are non-refundable once the billing period has begun. Annual subscriptions may be eligible for a prorated refund within the first 14 days of the initial purchase, at our sole discretion. To request a refund, please contact us via our contact form. No refunds will be issued for accounts terminated due to violations of these Terms or the Acceptable Use Policy.

8. Termination

8.1 Termination by You

You may terminate your account at any time through your account settings or by contacting us via our contact form. Upon termination, your access to the Service will cease immediately. We recommend exporting your data before terminating your account.

8.2 Termination by Us

We may suspend or terminate your account at any time, for any reason or no reason, at our sole discretion, with or without prior notice. Without limiting the foregoing, we may terminate your account if: (a) you violate these Terms or the Acceptable Use Policy; (b) you engage in conduct that we determine, in our sole discretion, is harmful to other users, third parties, or our business; (c) your account has been inactive for 12 months or more; (d) we are required to do so by law; or (e) we decide to discontinue the Service or any part thereof. In the event of termination by us, we are not obligated to provide a refund for any unused portion of a paid subscription, except where required by applicable law.

8.3 Effect of Termination

Upon termination, your data will be handled in accordance with our Privacy Policy's data retention provisions. The following provisions shall survive termination: Section 4 (Content & IP Ownership), Section 5 (AI-Generated Content), Section 9 (Limitation of Liability), Section 10 (Disclaimer of Warranties), Section 11 (Indemnification), Section 12 (Dispute Resolution), Section 13 (Governing Law), and any other provisions that by their nature should survive.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 38HUB AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE "38HUB PARTIES") SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, REGARDLESS OF THE CAUSE OF ACTION OR THE THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE), EVEN IF THE 38HUB PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE 38HUB PARTIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS EXCEED THE LESSER OF: (A) THE TOTAL AMOUNT YOU ACTUALLY PAID TO 38HUB IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED AUSTRALIAN DOLLARS (AUD $100). THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE.

The 38Hub Parties are not liable for any actions, content, data handling, or conduct of third-party AI providers or any other third parties. We are not responsible for the accuracy, safety, availability, or quality of AI-generated outputs, third-party service outages, data breaches by third parties, or policy changes by third parties.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the liability of the 38Hub Parties shall be limited to the fullest extent permitted by applicable law.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, THE 38HUB PARTIES DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE OF TRADE, OR COURSE OF PERFORMANCE.

WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (B) THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, OR COMPLETE; (C) AI-GENERATED CONTENT WILL BE ACCURATE, ORIGINAL, NON-INFRINGING, OR SUITABLE FOR ANY PURPOSE; (D) ANY DATA STORED ON THE SERVICE WILL BE PRESERVED INDEFINITELY; OR (E) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS.

YOU USE THE SERVICE AT YOUR OWN RISK. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such cases, our warranties are limited to the fullest extent permitted by applicable law.

11. Indemnification

You agree to indemnify, defend, and hold harmless the 38Hub Parties from and against any and all claims, demands, actions, suits, proceedings, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your use of the Service; (b) your User Content, including any content generated using AI features; (c) your violation of these Terms, the Acceptable Use Policy, or any applicable law or regulation; (d) your violation or infringement of any third-party rights, including intellectual property rights, privacy rights, or publicity rights; (e) any dispute between you and a third party related to the Service; or (f) your negligence or wilful misconduct.

We reserve the right, at your expense, to assume the exclusive defence and control of any matter subject to indemnification by you, and you agree to cooperate with our defence of such claims. You will not settle any claim without our prior written consent.

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first attempt to resolve the dispute informally by contacting us through our contact form. We will attempt to resolve the dispute through good-faith negotiation within 30 days.

12.2 Binding Arbitration

If the dispute cannot be resolved informally within 30 days, you agree that the dispute shall be resolved exclusively through final and binding arbitration, rather than in court, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction. The arbitration shall be administered by the Australian Centre for International Commercial Arbitration (ACICA) in accordance with its rules. The arbitration shall be conducted in Sydney, New South Wales, Australia, by a single arbitrator. The language of the arbitration shall be English. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

12.3 Class Action Waiver

YOU AND 38HUB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate or join more than one person's claims, and may not otherwise preside over any form of a consolidated, representative, or class proceeding.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia, without regard to its conflict of law provisions. To the extent that any legal proceedings are permitted outside of arbitration (such as proceedings for injunctive relief), such proceedings shall be subject to the exclusive jurisdiction of the courts of New South Wales, Australia, and you irrevocably consent to the jurisdiction and venue of such courts.

14. Force Majeure

38Hub shall not be liable for any failure or delay in performing any obligation under these Terms where such failure or delay results from any cause beyond our reasonable control, including but not limited to: acts of God, natural disasters, epidemics or pandemics, war, terrorism, riots, civil unrest, government actions or orders, labour disputes or shortages, power outages, Internet or telecommunications failures, cyberattacks, third-party service provider outages (including AI providers, hosting providers, and payment processors), fire, flood, earthquake, or any other event beyond our reasonable control. During a force majeure event, our obligations under these Terms shall be suspended for the duration of the event.

15. General Provisions

15.1 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

15.2 Entire Agreement

These Terms, together with the Privacy Policy, Acceptable Use Policy, Cookie Policy, and any other policies referenced herein, constitute the entire agreement between you and 38Hub with respect to the Service and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.

15.3 Waiver

No waiver of any term or condition of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

15.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms to any third party without restriction and without notice to you, including in connection with a merger, acquisition, sale of assets, or by operation of law.

16. Changes to Terms

We reserve the right to modify these Terms at any time at our sole discretion, for any reason. When we make changes, we will update the "Last Updated" date at the top of this page. We may, but are not obligated to, provide additional notice of changes through the Service interface or via email. It is your responsibility to review these Terms periodically.

Your continued use of the Service after the effective date of revised Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Service and may terminate your account in accordance with Section 8.