Terms of Use

By accessing or using the HubPass platform ("Platform"), you agree to comply with and be bound by these Terms of Use ("Terms"). If you do not agree with any part of these Terms, you may not access or use our services.

These Terms apply to all users of the Platform, including merchants ("Merchants") and consumers ("Customers").

HubPass is a SaaS (Software as a Service) platform that allows merchants to:

• Create and manage digital loyalty programs
• Register and track customers and their interactions
• Send SMS communications to registered customers
• Analyze metrics and performance reports

For consumer customers, HubPass offers digital loyalty cards accessible via web browser, without the need to install applications.

3.1 For Merchants

By creating a merchant account, you represent that: (a) you have legal capacity to enter into contracts; (b) you will provide true, accurate, and complete information; (c) you are responsible for maintaining the confidentiality of your password and access credentials.

3.2 For Consumer Customers

Consumer customer registration occurs at the merchant's point of sale. By providing your phone number and confirming the SMS verification code, you: (a) confirm your interest in participating in the loyalty program; (b) authorize receiving program-related communications; (c) declare that you have read and accepted these Terms and our Privacy Policy.

Obtaining Consent: Consent to participate in the loyalty program and receive communications is obtained through the SMS verification process (2FA). By confirming the code received, the customer expressly manifests their consent.

Withdrawal of Consent: You can withdraw your consent at any time through the following means:

• Replying "STOP" or "UNSUBSCRIBE" to any SMS received
• Contacting the business where you registered
• Emailing privacy@hubpass.ca

Withdrawal of consent does not affect the lawfulness of data processing carried out previously.

By using the Platform, the merchant agrees to:

• Use the service only for lawful purposes and in accordance with these Terms
• Ensure authorization to collect and process data from registered customers
• Not send spam, illegal, or offensive content
• Comply with all applicable legislation, including PIPEDA, consumer protection laws, and data protection regulations
• Keep business information up to date
• Respect data subjects' rights as provided by law

All intellectual property rights related to the Platform, including software, design, brand, logos, and content, belong exclusively to HubPass or its licensors. Nothing in these Terms grants you any ownership rights over the Platform or its content.

HubPass offers free and paid plans. For paid plans:

• Billing is monthly, charged in advance
• Prices may be changed with 30 days' notice
• Cancellation can be made at any time, effective at the end of the already paid period
• There is no prorated refund for unused periods, except when required by law

HubPass provides the Platform "as is" and does not guarantee that the service will be uninterrupted, secure, or error-free. To the maximum extent permitted by law, HubPass shall not be liable for:

• Indirect, incidental, special, or consequential damages
• Loss of profits, data, or business opportunities
• Actions or omissions of third parties, including SMS carriers
• Temporary unavailability of the Platform

HubPass reserves the right to suspend or terminate your account at any time if:

• There is a violation of these Terms
• Fraudulent or abusive use of the Platform is detected
• There is default on paid plans for more than 15 days
• Required by law or court order

In case of termination, your data will be retained for the period required by law and subsequently deleted according to our Privacy Policy.

We may update these Terms periodically. Significant changes will be communicated by email or through the Platform with at least 30 days' notice. Continued use of the Platform after changes constitutes acceptance of the new Terms.

For users in Canada: These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. Disputes shall be resolved in the competent courts of Toronto, Ontario.

For users in Brazil: These Terms are governed by the laws of the Federative Republic of Brazil. The courts of São Paulo/SP are elected to settle any disputes.

For questions about these Terms or our Platform:

• Email: contact@hubpass.ca
• Privacy: privacy@hubpass.ca
• Support: support@hubpass.ca