Terms of Service

These Terms of Service (the "Terms") govern your access to and use of Hulby, including the Hulby website, applications, software, AI-powered content tools and related services (together, the "Service"). Hulby ("Hulby", "we", "us" or "our") operates the Service. By creating an account or using the Service, you agree to these Terms.

1. The Service

Hulby is an AI-powered content platform that creates social media posts, images, captions, carousels and other marketing content from the information you provide, such as your business, website, brand and products. The Service uses artificial intelligence models and third-party technology to create and process content. We may add, change or remove features over time.

2. Eligibility

You must be at least 18 years old to create a paid account, unless applicable law allows otherwise. If you use Hulby on behalf of a company or organisation, you confirm that you are authorised to accept these Terms on its behalf.

3. Your account

By creating an account you agree that we may email you about your account and, occasionally, about Hulby; you can unsubscribe from the second kind at any time. You are responsible for keeping your account and login details secure. You must provide accurate information and must not impersonate another person or organisation. You are responsible for activity on your account, unless you can show that it happened without your authorisation and through no fault of your own.

4. Subscriptions and payments

Some features require a paid subscription. The price, billing period and included features are shown before you complete a purchase, and subscriptions renew automatically unless you cancel before the next billing period.

Payments are processed by third-party payment providers, and we do not store your full card details. You authorise us and our payment providers to charge the subscription fee to the payment method you choose. We may change our prices; where the law requires it, we will tell you in advance and explain your right to cancel.

5. Cancellation

You can cancel your subscription in your account. Cancelling stops the next renewal. Unless the law requires otherwise, cancelling does not entitle you to a refund for a billing period that has already started. Nothing in these Terms limits your mandatory consumer rights.

6. Consumer right of withdrawal

If you are a consumer in the European Union, you may have a 14-day withdrawal period for online contracts. If you ask for the Service to start during that period, you may be asked to confirm that it starts immediately, and where the law allows, the right of withdrawal can end once the Service has been fully performed. Where it applies, we will provide the statutory withdrawal information and model form. Your rights for a digital service that is defective or does not conform to the contract are not affected.

7. Your content

You keep ownership of everything you provide to Hulby, including brand materials, logos, images, text and product information ("Your Content"). You give Hulby the limited rights needed to process, store, analyse and use Your Content to provide and improve the Service. You confirm that you have the rights needed to provide Your Content, and you must not upload material you are not allowed to use.

8. AI-generated content

Hulby uses AI systems to create content. AI-generated content can contain errors, inaccuracies, unexpected results or similarities to existing content, and we do not guarantee that it is correct, unique, legally protectable or ready to publish without review.

Before publishing, you are responsible for checking generated content, including any claims about products, prices, health, performance, safety, customers or competitors. You are also responsible for making sure published content complies with advertising law, intellectual property law and the rules of the platform you publish it on.

9. Publishing to your social media accounts

On plans that include publishing, you can connect your own social media accounts (such as Instagram, Facebook, TikTok, LinkedIn, Threads and Pinterest) to Hulby. You connect each account yourself, through that network's own login, and you can disconnect it at any time from the Publishing page or in the network's own settings. Hulby never sees or stores your passwords.

By connecting an account, you instruct Hulby to publish to that account the posts you approve, at the date and time shown in Hulby, and the posts you choose to publish right away. Hulby does not publish posts you have not approved. You can change or stop a scheduled post until it is published.

You confirm that you are allowed to publish to the accounts you connect, and that what you publish complies with the law and with the terms, community guidelines and advertising policies of each network. You are the publisher of your posts and remain responsible for them. Networks may limit, label, remove or reject posts, or end a connection, under their own rules; Hulby cannot control this.

Publishing works through a third-party publishing provider (currently Zernio) that holds the networks' approvals and stores the access the networks grant. Connected accounts are disconnected a few days after a plan that includes publishing ends.

10. Intellectual property

The Hulby software, website, branding, design, trademarks, documentation and other materials remain the property of Hulby or its licensors, and no rights are transferred to you except those set out in these Terms. Subject to applicable law and any restrictions of third-party providers, you may use content created with Hulby for your business and marketing. Not every AI-generated output qualifies for copyright protection.

11. Third-party services

Hulby works with third-party services such as hosting, payment, AI model, analytics and social media providers, which may have their own terms and privacy policies. We are not responsible for changes, outages or limits imposed by third-party platforms outside our reasonable control.

12. Prohibited use

You may not use Hulby to:

• create unlawful content;
• infringe intellectual property or privacy rights;
• impersonate people or organisations for fraudulent purposes;
• create deceptive or misleading commercial communications;
• create content meant to enable fraud, scams or other illegal activity;
• distribute malware or harmful code;
• get around security or access controls;
• interfere with the operation of Hulby;
• reverse engineer the Service, except where mandatory law allows it;
• use automated methods to abuse the Service or get around usage limits; or
• break applicable laws or platform rules.

13. Availability and changes

We aim to provide a reliable Service, but we do not guarantee that it will always be available, uninterrupted or free of errors. We may pause access temporarily for maintenance, security, upgrades or circumstances outside our reasonable control. We may improve, change or discontinue features; if a change materially reduces what a paid plan includes, we will give notice where the law requires it.

14. Suspension and termination

We may suspend or close an account if you materially break these Terms, misuse the Service, fail to pay or create a security or legal risk. Where appropriate, we will give notice and a chance to fix the issue. Termination does not affect rights or obligations that arose before it.

15. Your data after termination

After termination, we may keep some information where needed to meet legal obligations, resolve disputes, enforce agreements or keep legitimate business records. Where reasonably possible, we will let you export your own content before it is deleted. Retention periods are described in our Privacy Policy.

16. Disclaimers

To the extent permitted by law, Hulby provides the Service and AI-generated content without a guarantee that the content will be accurate, complete, original, fit for a particular purpose or free from third-party rights. Nothing in these Terms excludes mandatory consumer rights or statutory guarantees.

17. Limitation of liability

To the extent permitted by law, Hulby is not liable for indirect or consequential loss, loss of profit, business opportunity, reputation or data arising from your use of the Service. Where the law allows, our total liability is limited to the fees you paid to Hulby in the 12 months before the event that gave rise to the claim. Nothing in these Terms limits liability where the law does not allow it.

18. Indemnification

To the extent permitted by law, you agree to indemnify Hulby against claims arising from your unlawful use of the Service, a breach of these Terms or an infringement of third-party rights caused by Your Content. This does not apply where the claim is caused by Hulby's own unlawful conduct or negligence.

19. Governing law

These Terms are governed by the laws of the Netherlands, unless mandatory law in your country provides otherwise. If you are a consumer, you keep the mandatory protections of your country of residence.

20. Contact

Questions about these Terms can be sent to support@hulby.com.