Terms of Service
1. Agreement to these terms
These Terms of Service form a binding agreement between you and Hubble App Pty Ltd (ABN 37 684 401 732), a company registered in Australia. In these terms, "Hubble", "we", "us" and "our" mean Hubble App Pty Ltd. "You" means the person or organisation using the service.
By creating an account, joining the waitlist, connecting a Shopify store or Meta ad account, or using any part of the service, you accept these terms. If you do not accept them, do not use the service.
If you are accepting these terms for a company or other organisation, you confirm you have authority to bind that organisation, and "you" means that organisation.
2. Definitions
- Service
- The Hubble platform, website, dashboard, APIs and any related tools we make available, which read signals from your connected commerce and advertising accounts and produce, publish and optimise advertising on your behalf.
- Connected platform
- A third-party account you authorise us to access, such as Shopify or a Meta advertising account.
- Your data
- Data you supply or that we retrieve from a connected platform on your instruction, including product, order, creative and advertising performance data.
- Output
- Ad creative, copy, briefs, audiences, recommendations and other material the service generates for you.
- Actions
- Changes the service makes in a connected platform on your behalf, such as launching, pausing or adjusting an ad.
3. Eligibility and your account
You must be at least 18 years old and able to enter a binding contract. The service is built for business use, not personal or household use.
You are responsible for the accuracy of your account details, for keeping your credentials secure, and for everything done under your account, including by your staff, contractors and agencies. Tell us promptly if you believe an account has been compromised.
You are responsible for making sure everyone you give access to has the authority to act on the connected platforms they can reach through your account.
4. The service, beta access and waitlist
The service is in active development. Access is currently released in batches through a waitlist, and some features are provided as a beta.
Beta features are made available as they are. They may change, break or be withdrawn, and they may be less reliable than generally available features. Do not rely on a beta feature for anything you cannot afford to have fail.
Joining the waitlist does not guarantee access, a particular start date, or a particular price. We may prioritise access at our discretion.
5. Plans, fees and billing
Paid plans are described on our pricing page. Each plan sets limits, such as the number of connected ad accounts and a monthly allowance of recommendations and actions.
Unless your order says otherwise, fees are charged in advance for each billing period, are non-cancellable for that period, and exclude taxes. Where GST or another tax applies, it is added to the amount payable.
You authorise us and our payment processor to charge your nominated payment method for all amounts due. If a payment fails, we may retry it and may suspend the service until the account is current.
Advertising spend is separate. Your subscription pays for Hubble. It does not include the money you spend with Meta or any other advertising platform. That is billed to you directly by the platform, and you remain responsible for it, including spend arising from actions the service takes on your instruction or under settings you configured.
We may change plan pricing. For an existing subscription, a price change takes effect from the next billing period after we give you notice.
6. Renewal, cancellation and refunds
Subscriptions renew automatically at the end of each billing period at the then-current price until cancelled.
You may cancel at any time from your account settings or by contacting us. Cancellation takes effect at the end of the current billing period. You keep access until then.
Fees already paid are not refundable except where a refund is required by law, including under the Australian Consumer Law, or where we agree in writing to give one.
7. Connected platforms
The service only works if you connect it to your commerce and advertising accounts. When you authorise a connection, you instruct us to access that account and, depending on your settings, to make changes in it.
You confirm that:
- you own the connected account or are authorised to connect it and to act in it;
- connecting it and letting us act in it does not breach your agreement with that platform;
- you will keep your own accounts in good standing and comply with each platform's policies, including Meta's advertising policies.
We depend on those platforms. If a platform changes its API, rate limits, policies or pricing, restricts our access, or has an outage, parts of the service may stop working. That is outside our control and is not a breach of these terms.
You can disconnect a platform at any time. Disconnecting may stop features from working and does not reverse actions already taken.
8. Your data and the licence you give us
You keep all rights in your data. We do not claim ownership of it.
You grant us a non-exclusive, worldwide licence to host, copy, process, transmit and display your data, and to create derived material such as ad creative and recommendations, for the purpose of operating and supporting the service for you. That licence lasts as long as we hold the data and ends when we delete it.
We may use aggregated and de-identified information derived from use of the service to operate, secure, benchmark and improve it. We will not publish anything that identifies you, your customers or your performance figures without your written consent.
You are responsible for having the right to give us your data, including any personal information in it. How we handle personal information is set out in our Privacy Policy.
9. Generated output and advertising responsibility
As between you and us, you own the output the service generates for you, once any fees due for the period in which it was generated have been paid. We may retain copies as needed to run the service and meet our legal obligations.
Output is generated automatically, including by machine learning systems. It may be wrong, incomplete, or similar to output generated for someone else. It is not legal, tax, medical or financial advice, and it is not a claim substantiation service.
You are the advertiser. Before anything runs, and regardless of whether the service published it automatically, you are responsible for making sure your advertising is accurate, substantiated and lawful, and complies with the Australian Consumer Law, any industry-specific rules that apply to your products, and the policies of the platform it runs on. You are responsible for the claims made about your products.
If you configure the service to publish or change ads without you reviewing each one, you accept responsibility for what it publishes under that configuration.
10. Acceptable use
You must not, and must not allow anyone else to:
- break the law, infringe anyone's rights, or breach a platform policy using the service;
- advertise goods or services you are not lawfully permitted to advertise, or make claims you cannot substantiate;
- upload material that is unlawful, deceptive, defamatory, or that you do not have the rights to use;
- reverse engineer, decompile, scrape or copy the service, or try to extract its models, prompts or training data;
- resell, sublicense or provide the service to a third party except as an agency acting for a client with that client's authority;
- interfere with the service's security or integrity, circumvent usage limits, or use it to build a competing product;
- use the service to process sensitive information, such as health or financial account data, except as the service is expressly designed to handle.
11. Our intellectual property
We own the service and everything in it other than your data and your output, including the software, models, interfaces, documentation, and the Hubble name and branding. Nothing in these terms transfers that to you.
We grant you a limited, non-exclusive, non-transferable right to use the service during your subscription, for your own business purposes, subject to these terms.
If you send us feedback or suggestions, we may use them without restriction or obligation to you.
12. Confidentiality
Each of us may receive information from the other that is marked confidential or that a reasonable person would treat as confidential. Neither of us will use the other's confidential information except to perform this agreement, or disclose it except to people who need it and are under similar obligations.
This does not apply to information that is public through no fault of the receiver, was already known, is independently developed, or must be disclosed by law. If disclosure is legally required, the receiver will give notice where it is lawful to do so.
13. Third-party services
The service relies on third parties, including cloud hosting, payment processing, and the commerce and advertising platforms you connect. Your use of a third-party service is governed by that party's terms, and we are not responsible for it.
We may change our providers. Where a change materially affects how your data is handled, we will update our Privacy Policy.
14. Disclaimers and Australian Consumer Law
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. If a guarantee applies and cannot be excluded, but we are permitted to limit our liability for failing to comply with it, our liability is limited to supplying the service again or paying the cost of having it supplied again.
Subject to that, the service is provided as it is and as available. To the extent permitted by law, we exclude all other warranties, express or implied.
We do not promise a particular commercial result. We do not warrant that the service will increase your revenue, reduce your cost per acquisition, improve your return on ad spend, or that any recommendation or ad will perform. Advertising results depend on your products, pricing, offer, market, budget and the platforms you run on.
We do not warrant that the service will be uninterrupted or error free, or that output will be accurate or fit for a particular purpose.
15. Limitation of liability
To the extent permitted by law, and subject to section 14, neither party is liable to the other for loss of profit, loss of revenue, loss of anticipated savings, loss of goodwill, loss or corruption of data, or any indirect or consequential loss, however caused.
To the extent permitted by law, our total liability arising out of or in connection with the service, whether in contract, tort including negligence, statute or otherwise, is capped at the total fees you paid us for the service in the 12 months immediately before the event giving rise to the claim.
Advertising spend is not recoverable from us. To the extent permitted by law, we are not liable for money you spend on advertising platforms, including spend resulting from actions the service took under your configuration, from a platform outage or policy change, or from output that underperformed.
These limits do not apply to your obligation to pay fees.
16. Indemnity
You indemnify us against claims, loss and reasonable costs arising from your data, your advertising and the claims made in it, your use of the service in breach of these terms or of a platform policy, or your lack of authority over a connected account. This does not apply to the extent the loss was caused by us.
17. Suspension and termination
You may stop using the service and cancel at any time, as set out in section 6.
We may suspend or limit your access immediately if we reasonably believe there is a security risk, unlawful activity, non-payment, a breach of section 10, or a requirement imposed on us by a connected platform or by law. Where practical we will tell you and give you a chance to fix it.
Either of us may terminate for material breach that is not remedied within 14 days of written notice.
On termination your right to use the service ends, we will stop taking actions in your connected platforms, and you should disconnect them. Ads already live in your accounts remain your responsibility. You can export your data before termination takes effect, and we will delete or de-identify it as described in our Privacy Policy, except where we must keep it by law. Sections 8, 9, 11, 12, 14, 15, 16 and 19 survive termination.
18. Changes to the service and these terms
We are actively building the service and may add, change or remove features. We will not make a change that materially reduces core functionality you are paying for without giving you notice.
We may update these terms. If a change is material, we will give you reasonable notice by email or in the product before it takes effect. Continuing to use the service after that date means you accept the updated terms. If you do not accept them, cancel before they take effect.
19. Governing law and disputes
These terms are governed by the laws of New South Wales, Australia. Each of us submits to the non-exclusive jurisdiction of the courts of New South Wales and any courts that hear appeals from them.
Before starting proceedings, the party with the complaint will notify the other in writing and the two will try in good faith to resolve it for 14 days. This does not stop either party seeking urgent injunctive relief.
20. General
These terms, together with any order form and our Privacy Policy, are the entire agreement between us about the service and replace anything said earlier.
You may not assign this agreement without our written consent. We may assign it to a related company or in connection with a sale of our business.
If any part of these terms is unenforceable, it is severed and the rest stands. A failure to enforce a right is not a waiver of it. Neither party is liable for a failure to perform caused by an event outside its reasonable control, other than an obligation to pay.
We may send notices to the email address on your account. Notices to us go to the address in section 21. There is no agency, partnership or employment relationship between us.
21. How to contact us
Hubble App Pty Ltd (ABN 37 684 401 732), New South Wales, Australia.
Legal and contractual notices: [email protected]
Privacy: [email protected]
Support and everything else: [email protected]