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, and your continued use of the Service after such changes constitutes acceptance of the new Terms. You must be at least 13 years of age to use the Service. If you are under 18, you represent that you have your parent or guardian's consent to use the Service.

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.

The Service uses artificial intelligence through third-party providers (Anthropic and OpenAI) to power its content creation features. These AI features require you to provide your own API keys under our Bring Your Own Key (BYOK) model. The availability and quality of AI features depend on the third-party providers' services and are subject to their respective terms of service and rate limits.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will make reasonable efforts to provide advance notice of material changes. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

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 Providing false, misleading, or outdated information may result in the suspension or termination of your account. Your account name and profile information should not impersonate another person or entity.

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 may result in the termination of all associated accounts. If you need to change the Google account associated with your 38Hub account, please contact our support team for assistance.

3.3 Account Security

You are responsible for maintaining the security of your account, including your Google account credentials and any API keys stored in the Service. 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. You agree not to share your account access with others or allow others to use your account.

4. User Content & Ownership

You retain full ownership of all content that you create, upload, or store on the Service ("User Content"). 38Hub does not claim any ownership rights over your 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.

By using the Service, you grant 38Hub a limited, non-exclusive, non-transferable, revocable license to use, store, process, and display your User Content solely for the purpose of providing and improving the Service for you. This license includes the right to format, transform, and process your content as necessary to deliver features such as AI scoring, content generation, and format conversion. This license terminates when you delete your content or your account.

We do not use your User Content for advertising, marketing, training AI models, or any purpose other than providing the Service directly to you. We will not share, sell, or distribute your User Content to third parties, except as necessary to provide the Service (e.g., sending content to AI providers for processing at your request) or as required by law.

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. While we strive to provide high-quality AI-powered tools, we make no guarantees regarding the accuracy, completeness, originality, 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, particularly for factual claims, legal information, medical advice, or financial guidance.

38Hub is not responsible for any claims, damages, or liabilities arising from your use or publication of AI-generated content. By publishing AI-generated content, you assume full responsibility for that content as if you had authored it yourself. You agree to comply with all applicable laws and platform policies when publishing AI-generated content on external platforms.

6. API Keys & Third-Party Services

38Hub operates on a Bring Your Own Key (BYOK) model. To use AI-powered features, you must provide your own API keys for supported AI providers (currently Anthropic and OpenAI). You are solely responsible for obtaining, maintaining, and managing your API keys in compliance with each provider's terms of service. We store your API keys securely and use them only to make API calls on your behalf.

All costs incurred through the use of third-party API keys are your sole responsibility. 38Hub does not cover, reimburse, or otherwise bear any charges from AI providers resulting from your use of the Service. You should monitor your API usage and set appropriate spending limits with your providers. We are not responsible for unexpected charges, rate limiting, or service interruptions from third-party providers.

If a third-party provider changes its terms, pricing, or availability, we will make reasonable efforts to notify you, but we are not responsible for the impact of such changes on your use of the Service. You acknowledge that the performance and availability of AI features depend on third-party infrastructure outside our control.

7. Acceptable Use

Your use of the Service is governed by our Acceptable Use Policy, which is incorporated into these Terms by reference. The Acceptable Use Policy outlines prohibited activities, AI-specific rules, content guidelines, and enforcement procedures. Violation of the Acceptable Use Policy may result in warning, suspension, or termination of your account at our sole discretion.

In summary, you agree not to use the Service to create, store, or distribute content that is illegal, harmful, harassing, defamatory, or infringing on the rights of others. You must not use the Service to generate spam, malware, deceptive content, or disinformation. Please refer to the full Acceptable Use Policy for comprehensive details.

8. Billing & Payments

8.1 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. Pricing for all plans is displayed on our pricing page, and we will notify you in advance of any price changes affecting your subscription.

8.2 BYOK Costs

Costs incurred through your use of third-party API keys (Anthropic, OpenAI) are entirely separate from your 38Hub subscription and are billed directly by the respective providers. 38Hub does not mark up, resell, or otherwise profit from your API usage. You are responsible for monitoring your API costs and managing your spending with each provider independently.

8.3 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. Refund requests should be submitted to billing@38hub.com. We reserve the right to grant refunds at our discretion on a case-by-case basis. No refunds will be issued for accounts terminated due to violations of these Terms or the Acceptable Use Policy.

9. Termination

You may terminate your account at any time through your account settings or by contacting us at support@38hub.com. Upon termination, your access to the Service will cease immediately, and your data will be handled in accordance with our Privacy Policy's data retention provisions (permanently deleted within 30 days).

We may suspend or terminate your account at any time, with or without notice, if we reasonably believe that you have violated these Terms, the Acceptable Use Policy, or any applicable law. We may also terminate accounts that have been inactive for an extended period (12 months or more) after providing 30 days' notice to your registered email address. In the event of termination for violations, we are not obligated to provide a refund for any unused portion of a paid subscription.

Upon termination, the following provisions shall survive: Section 4 (User Content & Ownership), Section 5 (AI-Generated Content), Section 10 (Limitation of Liability), Section 11 (Disclaimer of Warranties), and Section 12 (Governing Law). We recommend that you export your data before terminating your account.

10. Limitation of Liability

To the maximum extent permitted by applicable law, 38Hub and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, 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, even if we have been advised of the possibility of such damages.

In no event shall our total aggregate liability to you for all claims arising out of or related to the Service exceed the greater of (a) the amount you paid to 38Hub in the twelve (12) months preceding the claim, or (b) one hundred United States dollars (USD $100). This limitation applies to all causes of action in the aggregate, including breach of contract, tort, negligence, strict liability, and any other legal theory.

We are not liable for any actions, content, or conduct of third-party AI providers, including but not limited to the accuracy, safety, or availability of AI-generated outputs. We are not responsible for any costs you incur through third-party API usage or any damages resulting from third-party service outages, data breaches, or policy changes.

11. 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, we disclaim all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant that AI-generated content will be accurate, complete, original, non-infringing, or suitable for any particular purpose. We do not warrant that any data stored on the Service will be preserved indefinitely or that backups will always be available.

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.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the People's Republic of Bangladesh, without regard to its conflict of law provisions. Any disputes arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts located in Dhaka, Bangladesh.

Before initiating any formal legal proceedings, you agree to first attempt to resolve the dispute informally by contacting us at legal@38hub.com. We will attempt to resolve the dispute through good-faith negotiation within 30 days. If the dispute cannot be resolved informally, either party may proceed with formal proceedings in the courts of Dhaka, Bangladesh.

13. Changes to Terms

We reserve the right to modify these Terms at any time at our sole discretion. When we make material changes, we will update the "Last Updated" date at the top of this page and notify you through a prominent notice on the Service. For significant changes that materially affect your rights or obligations, we will provide at least 14 days' advance notice via email to the address associated with your account.

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 9. We encourage you to review these Terms periodically.