Terms and Conditions

1. Definitions

• "Account" means the account you create to access the Services.
• "Connected Account" means a third-party account you authorize Hubble to access, such as Shopify or Meta.
• "Customer Data" means the data, content, and materials you provide to Hubble or that Hubble accesses through your Connected Accounts.
• "Generated Creative" means the advertising creative (including images and copy) that Hubble produces for your brand.
• "Subscription Term" means the period for which you have subscribed to a paid plan.
• "Third-Party Products" means products, platforms, apps, or services not provided by Hubble that you use with the Services.

2. The Services

Hubble is an AI creative system for Shopify brands running Meta ads. It connects to your commerce and advertising accounts, analyzes signals about your products and customers, generates advertising creative, and publishes finished ads to your Meta ad account when you activate them. The specific features available to you depend on your subscription plan.

3. Accounts and eligibility

You must be at least 18 years old to use the Services. You are responsible for the information you provide, for keeping your login credentials secure, and for all activity under your Account. You must notify us promptly if you believe your Account has been accessed without authorization. You are responsible for your users' use of the Services under your Account.

4. Connected accounts and your authorizations

To provide the Services, Hubble connects to Third-Party Products you authorize, including Shopify and Meta.

• You authorize Hubble to access these accounts to the extent described in our Privacy Policy and at the point of connection.
• Publishing to Meta. Hubble prepares advertising creative and publishes it to your Meta ad account only when you activate it. You are responsible for reviewing and activating ads, and for ensuring the ads you publish comply with Meta's policies and applicable law.
• You can revoke Hubble's access to any Connected Account at any time. Doing so may limit or stop the Services.
• Your use of each Connected Account remains governed by that platform's own terms. Hubble is not responsible for Third-Party Products, and we do not guarantee continued compatibility with them.

5. Your content and data

As between you and Hubble, you own your Customer Data, your brand materials, and the Generated Creative Hubble produces for you. You grant Hubble a non-exclusive, worldwide license to host, process, and use Customer Data as needed to provide and improve the Services, as described in our Privacy Policy.

You are responsible for ensuring you have the rights and consents necessary for Hubble to access and process the Customer Data you connect, including data from your Shopify store and advertising accounts. You are responsible for the Generated Creative you choose to publish.

On termination, you can export your Customer Data and Generated Creative before your access ends, as described in Section 17.

6. Acceptable use

You must not, and must not permit anyone else to:

• use the Services to break the law or infringe anyone's rights;
• publish advertising that is false, misleading, deceptive, or in breach of Meta's advertising policies or applicable advertising and consumer law;
• upload or process content that is unlawful, harmful, infringing, or that you do not have the right to use;
• attempt to access the Services' source code, reverse engineer, decompile, or disassemble the Services, or build a competing product from them;
• interfere with, disrupt, probe, or circumvent the limits, integrity, or security of the Services;
• access the Services through automated means except through interfaces we provide;
• resell, sublicense, or provide the Services to a third party except as expressly permitted;
• use the Services to send spam or to process sensitive personal, health, or payment-card data they are not designed to handle; or
• use the Services to develop or train a competing AI or advertising product.

You are responsible for the advertising you generate and publish through Hubble.

7. Subscriptions, fees, and billing

• Plans. The Services are offered on subscription plans: Starter, Pro, Business, and Enterprise. Each plan sets your monthly volume of recommendations, actions, and ad accounts. Current plan details are shown at the point of purchase.
• Payment. Paid plans are billed in advance through our payment processor. By subscribing, you authorize us to charge your payment method for the plan you select and for any renewals, overages, and applicable taxes.
• Taxes. Fees are exclusive of taxes. You are responsible for any sales, use, GST, VAT, or similar taxes, other than taxes on our income.
• Renewals. Subscriptions renew automatically for the same period at our then-current rates unless you cancel before the renewal date.
• Cancellation. You can cancel at any time, with no cancellation fee. Cancellation takes effect at the end of your current billing period, and you retain access until then.
• Refunds. Fees are non-refundable except where required by law or expressly stated in these Terms.
• Changes to pricing. We may change our pricing. Any change to your plan's price will take effect from your next renewal, and we will give you notice before it applies.
• Overages. If you exceed your plan's monthly volume, we may require you to upgrade or may charge for the additional usage at our then-current rates.

8. Enterprise plans

Enterprise plans and any bespoke terms are set out in a separate order or agreement. Where there is a conflict, that order or agreement controls over these Terms for the Enterprise customer it covers.

9. Service availability and support

We aim to keep the Services available and to provide support appropriate to your plan, but we do not guarantee uninterrupted or error-free operation. We may carry out maintenance, and we will use reasonable efforts to limit disruption. Support is provided through the channels and at the service levels described for your plan.

10. Third-party products and links

You may choose to use the Services with Third-Party Products, and the Services may contain links to third-party websites. Third-Party Products and websites are governed by their own terms and privacy policies, not these Terms. We do not control and are not responsible for Third-Party Products or third-party websites, and we make no warranty that the Services will connect or continue to connect with any of them. Data you send from a Third-Party Product to Hubble is subject to these Terms and our Privacy Policy.

11. Intellectual property

Hubble and its licensors own all intellectual property rights in the Services, including the software, the hooks library, templates, models, and the underlying methodology, together with any improvements to them. These Terms do not grant you any rights in the Services except the right to use them in accordance with these Terms.

You retain ownership of the Generated Creative Hubble produces for your brand, and you are free to use it in your marketing.

12. Feedback

If you give us feedback or suggestions about the Services, we may use them without restriction or obligation to you.

13. Beta features

We may offer features on a free, trial, or beta basis. Beta features are provided "as is", may change or be withdrawn at any time, and are excluded from the warranties, service commitments, and indemnities in these Terms. Our total liability for beta features is limited to AUD 100.

14. Warranties and disclaimers

We provide the Services with reasonable care and skill. Except as expressly stated and to the extent permitted by law, the Services are provided "as is" and "as available", and we make no other warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, or non-infringement. We do not warrant that the Services will be uninterrupted or error-free, or that the Generated Creative will achieve any particular result.

Nothing in these Terms excludes, restricts, or modifies any consumer guarantee, right, or remedy you have under the Australian Consumer Law or any other law that cannot lawfully be excluded. Where our liability for a failure to comply with a consumer guarantee can be limited, our liability is limited, at our option, to resupplying the Services or paying the cost of having them resupplied.

15. Limitation of liability

To the maximum extent permitted by law, and except for liability that cannot lawfully be limited:

• neither party is liable for any indirect, incidental, special, or consequential loss, or for lost profits, revenue, data, goodwill, or advertising spend, even if advised of the possibility; and
• each party's total liability arising out of or relating to these Terms is limited to the amount you paid Hubble for the Services in the twelve (12) months before the event giving rise to the liability.

You remain responsible for the advertising spend you commit through your own Meta account. Hubble does not control your ad budgets and is not liable for the performance of ads you choose to run. These limitations apply regardless of the form of action and survive termination.

16. Indemnity

You agree to indemnify and hold harmless Hubble and its officers, employees, and agents against claims, losses, liabilities, and reasonable costs (including legal fees) arising from: your breach of these Terms; your misuse of the Services; Customer Data; or advertising you publish through the Services that breaches a third party's rights or applicable law.

17. Term and termination

These Terms apply while you use the Services. You may stop using the Services and close your Account at any time. Either party may terminate for material breach that is not cured within 30 days of notice.

On termination or expiry: your right to use the Services ends; you must stop accessing them; and we handle your data as described in our Privacy Policy. For a reasonable period after termination, you may export your Customer Data and Generated Creative, after which we delete or de-identify it except where we must retain limited records to meet a legal obligation. Sections that by their nature should survive termination (including Sections 5, 11, 14, 15, 16, 21, and 23) survive.

18. Suspension

We may suspend your access to the Services, in whole or in part, if: you fail to pay fees when due and do not cure within 10 days of notice; your use poses a security or legal risk to the Services or others; or we are required to do so by law. Where practicable, we will give you notice and an opportunity to resolve the issue first.

19. Intellectual property complaints

We respect intellectual property rights. If you believe content on the Services infringes your rights, contact us at admin@gethubble.ai with enough detail to identify the content and your rights, and we will review and respond appropriately, including by removing infringing content where warranted.

20. Changes to the Services and these Terms

We may modify, add to, or discontinue features of the Services. We may also update these Terms from time to time. If we make significant changes to these Terms, we will give notice through the Services or by email, and update the effective date. Changes take effect from the date stated in the notice, and your continued use of the Services after that date means you accept the updated Terms. If you do not agree to a change, you may stop using the Services and cancel your subscription.

21. Governing law and disputes

These Terms are governed by the laws of New South Wales, Australia. The courts of New South Wales have non-exclusive jurisdiction over any dispute arising out of or relating to these Terms, subject to any right you have to bring proceedings elsewhere under laws that cannot be excluded. Before starting proceedings, each party agrees to try in good faith to resolve any dispute by contacting the other and attempting to negotiate a resolution.

22. Notices

We may give you notice through the Services, by email to the address associated with your Account, or by posting on our website. You may give us notice at admin@gethubble.ai. Notices are treated as received when sent by email (unless the sender knows delivery failed) or when posted.

23. General

• Entire agreement. These Terms, together with the Privacy Policy and any Enterprise order, are the entire agreement between you and Hubble about the Services and supersede any prior agreement on the subject.
• Assignment. You may not assign these Terms without our consent, except to a successor in a merger or sale of substantially all your assets. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
• Severability. If any provision is held unenforceable, it will be limited to the minimum extent necessary and the rest remains in effect.
• No waiver. A failure to enforce a provision is not a waiver of it.
• Force majeure. Neither party is liable for any delay or failure (other than to pay fees) caused by events beyond its reasonable control.
• Independent contractors. The parties are independent contractors, not partners, agents, or joint venturers.
• Export and sanctions. You must comply with applicable export control and sanctions laws in your use of the Services.

24. Contact

Hubble App Pty Ltd (ABN 37 684 401 732)

Email: admin@gethubble.ai