Terms of Service

MarketingHub Terms of Service

These Terms of Service govern your access to and use of MarketingHub, an AI-powered content generation service operated by Daniel Keller from Germany.

1. Acceptance of Terms

By creating an account or using MarketingHub, you agree to these Terms. If you do not agree, do not use the service.

2. Service Description and Beta Status

MarketingHub is an AI-powered content generation platform currently in beta/MVP phase. Features, functionality, and availability may change without notice. We do not provide service level agreements (SLAs) or uptime guarantees during the beta period.

3. Eligibility and Account

B2B Focus: MarketingHub is primarily designed for business and professional use. You represent that you are using the service for commercial or professional purposes.

Consumer Fallback: If applicable law determines you are a consumer, mandatory consumer protection provisions will apply to the extent required by law, and nothing in these Terms waives your statutory rights.

Age Requirement: You must be at least 18 years old to use MarketingHub.

Account Security: You are responsible for maintaining the confidentiality of your password and all activities under your account. Notify us immediately of any unauthorized access.

4. Subscription and Billing

Credits System

MarketingHub operates on a credit-based model. Credits are consumed when generating content.

Subscriptions

Subscription plans automatically renew at the end of each billing period unless cancelled before renewal.

Payment

All fees are in the stated currency and processed through Stripe. You authorize us to charge your payment method on file.

Price Changes

We will provide at least 30 days notice of subscription price increases. Continued use after the notice period constitutes acceptance.

5. Refund Policy

Consumed Services: Credits that have been used to generate content are non-refundable.

Unused Services: Unused credits from the current billing period are non-refundable.

Billing Errors: If you are incorrectly charged due to a billing error, we will issue a refund or credit upon verification.

Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period.

6. Acceptable Use

You agree not to:

• Use the service for any illegal purpose or in violation of any laws
• Generate content that is defamatory, harassing, abusive, or hateful
• Infringe upon intellectual property rights of others
• Attempt to reverse engineer, hack, or compromise the service
• Use automated means (bots, scrapers) to access the service without authorization
• Resell or redistribute the service without authorization
• Generate spam, phishing content, or malicious code
• Violate the acceptable use policies of our AI providers

We reserve the right to suspend or terminate accounts that violate these policies.

7. Intellectual Property

Your Content: You retain all ownership rights to the inputs you provide and outputs generated by MarketingHub. You grant us a limited license to process your inputs solely to provide the service.

Platform IP: MarketingHub's software, algorithms, branding, and documentation are our proprietary property. You may not copy, modify, or create derivative works without written permission.

AI-Generated Content: AI-generated outputs may not be unique. We do not guarantee that identical or similar content has not been generated for other users.

8. Disclaimer of Warranties

MarketingHub is provided "AS IS" and "AS AVAILABLE" during the beta phase. To the extent permitted by law, we disclaim all warranties, express or implied, including:

• Merchantability
• Fitness for a particular purpose
• Non-infringement
• Accuracy, reliability, or availability of the service
• Accuracy or quality of AI-generated content

9. Limitation of Liability

To the extent permitted by applicable law:

Liability Cap: Our total liability for all claims arising from your use of MarketingHub shall not exceed the amount you paid us in the 12 months preceding the claim.

Excluded Damages: We are not liable for indirect, incidental, consequential, special, or punitive damages, including lost profits, data loss, or business interruption.

Exceptions: Nothing in these Terms limits liability for death or personal injury caused by negligence, fraud, or other liability that cannot be limited by law.

10. Indemnification

You agree to indemnify and hold harmless Daniel Keller and MarketingHub from claims arising from:

• Your use of the service
• Your violation of these Terms
• Your violation of any third-party rights
• Content you input or generate through the service

This indemnification does not apply to claims arising from our gross negligence or willful misconduct.

11. Termination and Data Export

By You: You may delete your account at any time through account settings.

By Us: We may suspend or terminate your account for Terms violations, non-payment, or if continuing to provide service would create legal or security risks.

Data Export: Upon voluntary cancellation, you have 30 days to export your data before deletion. We are not obligated to retain data beyond this period.

Effect of Termination: Upon termination, your access ends immediately. Provisions regarding intellectual property, limitations of liability, and indemnification survive termination.

12. Governing Law and Dispute Resolution

Governing Law: These Terms are governed by the laws of Germany, without regard to conflict of law principles.

Venue: Any disputes shall be resolved in the courts having jurisdiction at our registered place of business in Germany.

Mandatory Consumer Rights: If you are a consumer under applicable law, nothing in this section waives mandatory consumer protection provisions, including your right to bring claims in your country of residence.

13. Modifications

We may modify these Terms from time to time. Material changes will be notified via email or prominent in-app notice at least 30 days before taking effect. Continued use after changes constitutes acceptance.

14. General Provisions

Entire Agreement: These Terms constitute the entire agreement between you and MarketingHub regarding the service.

Severability: If any provision is found unenforceable, the remaining provisions remain in effect.

No Waiver: Our failure to enforce any right does not waive that right.

Assignment: You may not assign these Terms. We may assign our rights and obligations to a successor.

Contact Information

For questions, concerns, or support regarding these Terms or the Service:

Daniel Keller
Lenaustr. 9
68782 Brühl
Germany
Email: info@nextgenwebs.de