These terms set forth our legal obligations to each other. They apply to your use of our Services.

‍IMPORTANT NOTE: THE SECTION TITLED “SETTLING DISPUTES BETWEEN YOU AND HUBZ” CONTAINS AN ARBITRATION CLAUSE AND CLASS-ACTION WAIVER THAT APPLIES TO ALL HUBZ USERS. PLEASE READ THIS SECTION CAREFULLY AS IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

When we say “Hubz,” “we,” “us,” and “our” in these terms, we mean Hubz Ltd, and its affiliates.

When we say “Services” in these terms, we mean Hubz’s Services, apps, websites, and other products.

When we say “you” or “your,” we mean you. If you’re accessing our Services on behalf of a legal entity (like your employer), you agree that you have the authority to bind that entity to these terms, and “you” and “your” will refer to that entity.

We also have a Privacy Policy, Community Guidelines, and these other policies that apply to your use of our Services and are incorporated into these terms. You should read these policies—we’ve worked hard to make them simple and clear, and they contain important information about your use of our Services. These Hubz Terms of Service (“Terms of Service” or Hubz Terms of Service”) apply to any purchase you make through Hubz, and Hubz Monetization Terms apply to any sales you make through Hubz.

WHO WE ARE
We provide Services that allow you to interact with other Hubz users (such as through direct messages and group direct messages),participate in large and small spaces, like Telegram chats or groups (“chats”), access to certain software, features, and content, including items that you can purchase from us or others, and ways to monetize your content through use of our services (collectively, the “Services”). Additional terms may apply to those purchases or monetization schemes. You acknowledge that some or all of the Services outlined herein, including these Hubz Terms of Service and Hubz Monetization Terms, may entail the use, acquisition, transfer, or purchase of digital assets.

AGE REQUIREMENTS
By accessing our Services, you confirm that you’re at least 18 years old or the minimum age required by law in your home country to access such services.

YOUR HUBZ ACCESS
To access the Services, you will need to link your TON wallet (as defined herein) to Hubz. Hubz will not collect any information on you other than your Telegram username and TON wallet address when providing access to the Services.

CONTENT IN HUBZ’S SERVICES

Your Content

When we say “your content” in these terms, we mean all the things you add (upload, post, share, stream, etc.) to our Services, regardless of whether you are a chat owner or admin, or just a chat subscriber. This includes text, links, GIFs, emoji, photos, videos, documents, or other media. If we come up with another way for you to add content to the Services, it includes that too.

You don’t have any obligation to add content to the Services. If you choose to add content to the Services, you are responsible for ensuring that you have the right to do so, that you have the right to grant the licenses in this section of these terms, and that your content is lawful. We take no responsibility for any of your content, and we are not responsible for others’ use of your content.

Your content is yours, but you give us a license to it when you use Hubz. Your content may be protected by certain intellectual property rights. We don’t own those. But by using our Services, you grant us a license—which is a form of permission—to do the following with your content, in accordance with applicable legal requirements, in connection with operating, developing, and improving our Services:

• Use, copy, store, distribute, and communicate your content in manners consistent with your use of the Services. (For example, so we can store and display your content.)

• Publish, publicly perform, or publicly display your content if you’ve chosen to make it visible to others. (For example, we can display your messages if you post them in certain chats or recommend that content to others.)

• Monitor, modify, translate, and reformat your content. (For example, so we can resize an image you post to fit on a mobile device.)

• Sublicense your content, to allow our Services to work as intended. (For example, so we can store your content with our service providers.)

• This license is worldwide, non-exclusive (which means you can still license your content to others), royalty-free (which means there are no fees for this license), transferable, and perpetual.

• We reserve the right to block, remove, and/or permanently delete your content if it is in breach of these terms, our Community Guidelines, our other policies, or any applicable law or regulation, or if it creates risk for Hubz or negatively impacts the experience or interests of other Hubz users to continue to make it available.

We welcome feedback on our Services. By sending us feedback, you grant us a non-exclusive, perpetual, irrevocable, transferable license to use the feedback and ideas generated from the feedback without any restrictions, attribution, or compensation to you.

Hubz’s content
Our Services include some content that belongs to us, such as the design of our apps and websites, our art and images, and content written by us. You may use our software as outlined in these terms. You may only use our trademarks (or other brand indicia) and copyrights with our prior written permission. We retain all intellectual property rights in our content.

Other content
Other people’s content. 

Our Services might also provide you with access to other people’s content. You may not use this content without that person’s consent, or as allowed by law. Other people’s content is theirs and doesn’t necessarily reflect Hubz’s own views. Hubz doesn’t endorse or verify the accuracy or reliability of content shared by Hubz users. We work hard to try to make Hubz a safe, positive, and inclusive place, but cannot always prevent you from encountering content that you may find objectionable or offensive. You agree we will not be liable for any harm caused by that content. You may report content that you think violates any of our policies. We have the right, but not the obligation, to review such reports and block or remove content at our discretion.

Third party features and content.

Our Services may also allow you to access third-party websites, features, apps, or other content. We provide you access only as a convenience to you, and are not responsible for the content or Services available from these websites or resources.You agree to abide by the terms of use associated with those third party features, content, or services where applicable.

Software in Hubz’s Services

License to our software. 

Some of our Services may allow you to access or download our software. So long as you comply with these terms, we grant you a worldwide, non-exclusive, personal, and non-assignable license to run  that software, solely to access our Services.

You may not copy, modify, create derivative works based upon, distribute, sell, lease, or sublicense any of our software or Services. You also may not reverse engineer or decompile our software or Services, attempt to do so, or assist anyone in doing so, unless you have our written consent or applicable law permits it.

Although we are granting you this license, we retain any intellectual property rights we have in our software and Services.

Open source. 

Some of Hubz’s Services may include software subject to separate open source license terms, and your use of those Services are subject to your compliance with those license terms, when applicable. We encourage you to review them, as some licenses may explicitly override these terms.

Third-Party Services. 

Hubz may allow you to access apps, bots, or other products, features, or Services developed by third parties (“third-party Services”). It’s your choice whether to use these third-party Services and whether to participate in Hubz chats that incorporate them. You should review any terms and policies provided by the third parties before doing so as they govern your use of their Services.

Copyright
We respect the intellectual property of others and expect our users to do the same. See our Copyright & IP Policy for information on how to file a copyright complaint.

Paid Services

Use of paid services 

We may use third-party payment processors to transmit payments to us, including but not limited to the TON blockchain network and other authorized third-party blockchain networks, and any authorized non-custodial digital asset TON wallets. By providing a payment method to us, you agree that (i) you are authorized to use the payment method you provide; (ii) you will in fact pay for the paid service by the date on which payment is due; (iii) the payment information you provide is true and accurate; (iv) we may retain the payment information and method that you and the issuer of your payment method or the applicable blockchain network and/or protocol submit to us; (v) all payments made utilizing the Services are smart-contract enabled; and (vi) we are authorized to charge you for the paid service using the payment method you present. This includes any obligation you may have to pay any taxes applicable to the service you are buying. You also agree that we have permission to retain and/or share with financial institutions and our payment processors (including any institutions or processors we retain in the future) information regarding your purchase and your submitted payment information in order to process your purchase and to use the contact information (such as an email address or phone number) submitted by you to provide you with notices and disclosures relating to renewals, recurring charges, and changes affecting your purchase. If you are under 18 (or the legal age of majority in your place of residence), you need your parent’s or guardian’s permission to make purchases through Hubz.

Payment methods

Hubz accepts certain payment methods. These may vary by country or paid service and may change from time to time. Please note that Hubz is not responsible for any fees or charges applied by your payment method issuer related to our processing of your payment. All amounts are payable in Toncoin unless otherwise specified. 

Virtual goods

You may be able to purchase virtual goods from Hubz through our services. If you do so, you’ll have a limited, personal, non-transferable and non-sublicensable license to use your purchased virtual goods solely within our services and solely in conjunction with the Hubz account through which you purchased them. Your license to use virtual goods cannot be sold, traded, transferred, exchanged, or used outside of your Hubz account. You do not own, or have any other right, title, or other proprietary interest in these virtual goods, regardless of any consideration offered or paid in exchange. In fact, the license to those virtual goods is really a software license to access and use the software that enables your access to the virtual goods. Virtual goods are not property and have no cash value. We reserve the right to control, regulate, change or remove any virtual goods, or terminate provision of virtual goods at any time, in our sole discretion, without any liability to you. The license you receive to use virtual goods terminates when your Hubz account is deleted or terminated and may be terminated, in Hubz’s sole discretion, if you violate the Hubz Terms of Service or any other applicable policy. Additionally, if your account is suspended, your access to virtual goods may be suspended or terminated. We will not compensate you for this loss or make any refund to you, and we have no liability to you or to any third party associated with the loss of such virtual goods. For the avoidance of doubt, virtual goods are not to be confused with digital assets, tokenized assets, securities, or crypto currency.

Subscriptions

We may allow you to purchase subscriptions to content and/or premium features. These subscriptions may be sold by Hubz or others (see the section on “Stuff sold by others” below for more). 

Billing. 

We’ll automatically bill you starting on the date you first purchase your subscription (or whenever your payment method is successfully charged), and on each periodic renewal date (monthly, annually, or other renewal period) until cancellation (see “Cancellation” below for more information on how to cancel a subscription). By initiating your first subscription fee payment, you authorize us to charge your payment method for recurring subscription fees on an ongoing basis. For annual subscriptions, we’ll send you a reminder of the then-current subscription fee at least 30 days, and at most 60 days, in advance of your automatic renewal, or as otherwise required by applicable law. Some countries have mandatory laws regarding your cancellation rights, and this paragraph does not override those laws. UNLESS YOU NOTIFY US OF YOUR DESIRE TO CANCEL YOUR SUBSCRIPTION (IN ACCORDANCE WITH THE “CANCELLATION” SECTION BELOW), YOU UNDERSTAND THAT YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US TO AUTOMATICALLY CHARGE YOUR PAYMENT METHOD FOR THE AMOUNT OF YOUR SUBSCRIPTION FEE AND ANY APPLICABLE TAXES ON EACH PERIODIC RENEWAL DATE.

Price changes

From time to time, the prices of subscriptions may change, but we’ll give you advance notice of such changes and their effective date either via our services or to the contact information associated with your Hubz account (or both). Subject to applicable law, you accept the new price by continuing to use or otherwise receive the benefits of the subscription service after the price change effective date. You may also reject the price change by canceling your subscription.

Cancellation 

You may cancel your subscriptions at any time. Following cancellation, you’ll continue to have access to premium features and/or content through the end of the current subscription period. We may cancel any subscription you have purchased if you fail to pay the applicable subscription fees and any applicable taxes in full and in a timely manner according to these Terms. If your payment is not successful (for example, if your payment method expired or has insufficient funds), we may attempt to re-run your payment method. In the event you fail to pay us, your subscription may be canceled or suspended.  In addition, if you fail to pay for a subscription, we may suspend your rights to use that premium service or we may change the type of privileges you have to a non-paid version of the service. Your subscription may also be terminated, in Hubz’s sole discretion, if you violate the Hubz Terms of Service or other published policies. If your Hubz account is terminated, your subscription will be automatically canceled.

Experimental features. 

We may, from time to time, test experimental features to help us improve Hubz. When we do this, we’ll label these features as beta features or similarly indicate that they are experimental features that may be subject to change or removal. You should not rely on these experimental features when deciding to purchase a premium subscription from Hubz, as we may modify or remove them at our discretion.

We may decide to stop Offering subscriptions at any time, including in response to unforeseen circumstances beyond our control, or to comply with a legal requirement; if so, we’ll cancel your subscription and refund the prorated portion of any prepaid subscription fee equal to the remaining unused term of the subscription.

Stuff sold by others. 

We may allow you to purchase subscriptions or other things offered by other sellers on Hubz. Depending on the Offering you are purchasing, you may transact directly with the seller via an accepted payment method. In all cases, these sellers are responsible for describing and providing these Offerings, not Hubz. We do not control the quality of these Offerings, and we cannot guarantee the identity of the people providing them or the validity of any claims they make. If you identify subscriptions or other Offerings on our services that violate our policies, please report them to us.

Promotions

We may occasionally offer promotions on paid services. The specific terms of each promotion will be stated at the time the promotion is offered. If you receive a discount, use a coupon code, or subscribe during a free trial or other promotion, your subscription will automatically renew for the full price of the subscription at the end of the promotional period, when applicable. You must cancel the subscription prior to the end of the promotional period in order to avoid incurring further charges. After renewal, you may cancel your subscription at any time as described in the “Cancellation” section above.

Taxes and fees

You’re responsible for all applicable taxes, data plans, internet fees, and other fees associated with your use of the services, and we’ll charge tax as required by applicable law.

Changes to services

We may change our paid services, or any part of those services, if such changes are necessary, minor in nature, or required for legal or regulatory reasons without notice to you. Necessary changes may include changes required to ensure the ongoing operation of our paid services, to prevent fraud or abuse, or to enhance existing features or to add additional features to the paid services, or to maintain the security of the services. If we make changes that will have a material negative impact on your use of the paid services or will remove existing paid features (except as described in Experimental Features above), we will provide you with reasonable advance notice.

Statutory warranties; Updates

If you reside in the European Union, we have a legal obligation to make sure that anything bought or sold from us through our services, thus excluding content, goods and services sold by others (as mentioned under the paragraph ‘Stuff sold by others’ above), conforms to the contract of sale. As part of this obligation, we will, from time to time, provide updates for security and/or technical reasons. It is your responsibility to install such updates without delay and to update the operating system of your end device if this is required for an update. You may lose the right to invoke certain rights if you do not install the latest available updates.

If you reside in the European Union, our commercial warranty does not affect any consumer rights you might have under applicable law in case of non-conformity of content, goods and/or services.

Privacy

Our Privacy Policy discusses what information we collect and how we use this information in more detail. A Wallet Provider stores your payment information, not us.

Indemnity

In addition to the indemnities set forth in the Terms of Service, you will indemnify and hold Hubz and its officers, directors, employees, subsidiaries and agents harmless from and against any claims, liabilities, damages, and costs (including reasonable legal and accounting fees) arising from or related to: (a) your access to or use of our services (including without limitation the pilot features), (b) your content, (c) your Offering,  (d) your failure to pay all applicable taxes, or (e) your violation of our Terms.

Rewards

Our Privacy Policy discusses what information we collect and how we use this information in more detail. A Wallet Provider stores your payment information, not us.

DIGITAL ASSET WALLETS

In connection with your use of the Services, Hubz will allow you to connect a digital asset wallet that is supported by the TON blockchain. You have the right to create and/or import an accepted digital asset wallet through Hubz on your mobile device, and you have the right to use your own wallet, provided such wallet is accepted by Hubz, to conduct transactions such as transfer and receiving on the TON blockchain through the Hubz application. Hubz may develop different software versions for different terminal devices. You should choose to download and install the appropriate version according to your actual needs. If you obtain a software or an installation program with the same name as the Hubz software from an unauthorized third party, Hubz cannot guarantee the normal use of the software, nor its security, and you shall be responsible for any losses and damages and costs caused by the software.

After the new version of this software is released, the old version of the software may not be available to use. Hubz does not guarantee the security, continued availability and corresponding customer service of the old version of the software. Please check and download the latest version.

use

Users should properly keep the mobile device, wallet password, private key, mnemonic phrase, keystore and other information by themselves. Hubz is not responsible for keeping the above information for users. All risks, liabilities, losses, and expenses caused by your loss of mobile device, active or passive disclosure of wallet password, forgetting wallet password, private key, mnemonic phrase and keystore, or attack and fraud by others shall be borne by you.

Follow the information prompts. You understand and agree to follow the information prompts provided by Hubz while utilizing the Services and operate in accordance with the content of the information prompts. Otherwise, all risks, responsibilities, losses and expenses shall be borne by you.

You understand and acknowledge that Hubz is not obliged to perform due diligence on the linked third-party DApp services or transactions.

TRANSFER

You understand that because of the “irrevocable” attribute of blockchain-based operations, when you make transactions via Hubz, you should bear the consequences caused by your mistakes by yourself (including but not limited to wrong transfer address and/or recipient).

You understand that when using the Hubz service, the following situations may lead to a transaction failure when attempting to purchase and/or sell an Offering::

• Insufficient wallet balance;

• Insufficient transaction fees;

• The blockchain failed to execute the contract code;

• Technical failures with network, equipment, etc.;

• Blockchain network congestion, failure and other reasons cause transactions to be abandoned;

• Your address or the address of the counterparty is identified as a special address, such as a high-risk address, an exchange address, an ICO address, a Token address, etc.

LEGAL AND COMPLIANCE

You understand and acknowledge that you should follow the requirements of relevant laws, regulations and national policies when operating on Hubz or using DApps on Hubz, including but not limited to wallets, to conduct transactions. You are responsible for paying all taxable expenses and other expenses incurred by you for utilizing Hubz.

DISCLAIMERS, DISCLOSURES AND RISKS ASSOCIATED WITH DIGITAL ASSETS

You understand and acknowledge that due to the unclear and/or evolving laws, regulations and policies in the field of digital assets, there might be major risks such as inability to cash out digital assets and technical instability. Furthermore, the price volatility of digital assets is much higher than other financial assets. We cautiously remind you that you should rationally choose to hold or sell any digital asset based on your financial situation and risk appetite. 

When using the Hubz service, if you or your counterparty fail to comply with the agreement, or with the operation prompts and rules on related pages such as instructions, transactions, payments, Hubz does not guarantee that the transaction will be completed smoothly. If the foregoing situation occurs and the digital assets has been credited to your or your counterparty’s wallet, you understand that due to the “irreversible” attribute of blockchain operations and the “irrevocable” characteristic of related transactions, you and your counterparty shall bear the corresponding risks and consequences, and Hubz is not liable for any losses.

When you use the third-party DApp services integrated by Hubz or conduct transactions, for your benefit, Hubz recommends that you carefully read this agreement and any related Hubz prompts, understand the transaction party and Offering information, and carefully assess the risks before taking action. All your transactions in third-party DApps are your personal behaviors. Hubz assumes no responsibility for all risks, liabilities, losses, and expenses caused by your activities while utilizing the Services.

During the transaction, you should judge by yourself whether the counterparty is a person with full civil capacity and decide whether to sell or purchase an Offering from the counterparty, or transfer funds to the counterparty, and you shall bear all risks related to this.

During the transfer process, if there are abnormal information prompts such as “transaction failed” and/or something similar, you should reconfirm through the official channel of the relevant blockchain system or other blockchain query tools to avoid duplicate transfer; otherwise, all losses and expenses caused by this shall be borne by you.

You understand and acknowledge that after you create or import a wallet on Hubz, Hubz may store your public key, private key and/or keystore for the purpose of providing Services as outlined in this Agreement. If you do not save or back up your wallet password, private key, mnemonic phrase, keystore and other information, when your device is lost, your digital assets will be lost consequentially. Hubz cannot retrieve it for you and you shall bear the corresponding loss by yourself. When you export, save or back up wallet passwords, private keys, mnemonics, keystore and other information, if the information is leaked, or if the device or server that has stored or backed up the above information is hacked or controlled, your digital assets will be lost consequentially. Hubz cannot retrieve it for you and you shall bear the corresponding loss by yourself.

We recommend that you back up your wallet password, private key, mnemonic phrase, and keystore securely when creating or importing a wallet. Please do not use the following backup methods: screenshots, emails, notepads, text messages, and other electronic backup methods. We recommend that you write down information such as mnemonics and keystores on a paper notebook, and you can also store your electronic data in a password manager.

We recommend that you use Hubz in a secure network environment and ensure that your mobile device is not jailbroken or rooted to avoid possible security risks. Please be alert to non-official Hubz frauds when using our services. Once you discover such behavior, we encourage you to inform us as soon as possible.

Hubz is only responsible for the obligations listed in this agreement. 

Hubz is not responsible for failing to provide services due to the following reasons:

• Force majeure such as typhoons, earthquakes, floods, lightning or terrorist attacks;

• Your mobile device’s software and hardware, communication lines, and power supply lines are faulty;

• Viruses, Trojan horses, malicious program attacks, network congestion, system instability, system or equipment failures, communication failures, power failures, banks, or government actions;

• Any other reasons not caused by the Hubz’s willful acts.

Hubz is not responsible for the following situations:

• Loss of digital assets caused by the user’s loss of mobile device, deletion of Hubz  without backup, deletion of wallet without backup, stolen wallet, forgetting of wallet password, private key, mnemonic phrase and keystore.

• The user discloses the wallet password, private key, mnemonic phrase and keystore, or lends, transfers or authorizes others to use his/her own mobile device or wallet, or does not access the Hubz application through the official channels of Hubz, or use the Hubz application in other unsafe ways, and causes the loss of digital assets.

• Loss of digital assets due to user misoperation 

• Loss of digital assets caused by misoperation because users do not understand the nature of blockchain technology.

• Users’ transaction records copied by Hubz derivate from those on the blockchain due to time lag, the instability of the blockchain system, etc.

• The risks and consequences caused by users’ operations on third-party DApps.

• Any other reasons not caused by Hubz’s willful acts.

Hubz cannot control the quality, safety or legality of products and services, and the authenticity or accuracy of information provided by third-party DApps, nor can we control the ability of the counterparty (including, but not limited to, content creators) to fulfill its obligations under any agreement you might have with them. All your transactions in third-party DApps are your personal behaviors, and a binding contractual relationship is made by and between you and your counterparty, not within Hubz. Hubz  reminds you that you should use your own prudent judgment to determine the authenticity, legality and validity of the DApp and its related information when logging in. You shall bear all risks arising from your transaction with any third party.

Hubz may provide services to you and your counterparty at the same time. You agree to explicitly waive any actual or potential conflicts of interest from such actions that might exist, and you are not allowed to claim that Hubz has legal flaws when providing services. Hubz shall have no responsibility or duty of care hereof.

Hubz does not warrant as such below:

• The Hubz Service(s) will meet all your needs;

• Any technology, products, services, and information you obtain through the Hubz  service will meet your expectations;

• The timeliness, accuracy, completeness and reliability of market transaction information of digital assets provided by Hubz;

• The transaction parties on Hubz will promptly fulfill their obligations in compliance with the agreement with you.

In any case, Hubz total liability shall not exceed the fees that it received in connection with your transaction.

YOU UNDERSTAND AND ACKNOWLEDGE THAT HUBZ DOES NOT PROVIDE SERVICES SUCH AS LEGAL, TAX OR INVESTMENT ADVICE. YOU SHOULD SEEK ADVICE FROM PROFESSIONALS IN THE FIELD OF LAW, TAXATION, AND INVESTMENT, ETC. HUBZ  IS NOT RESPONSIBLE FOR ANY INVESTMENT LOSS AND DATA LOSS AND ANY OTHER LOSSES AND DAMAGES THAT INCURS DURING YOUR USE OF OUR SERVICES.

Restrictions on your use of Hubz’s Services

When using our Services, you must comply with these terms and all applicable laws, rules, and regulations, and you must only use the Services for authorized and acceptable purposes. You must also adhere to our Community Guidelines and other policies, which contain more detailed rules about your content and behavior when using Hubz and how we enforce them on Hubz. Fundamentally, do not do, try to do, or encourage or help others to do any of the following:

• Don’t use the Services to do harm to yourself or others. Among other things, this includes trying to gain access to another user’s account or any non-public portions of the Services, infringing anyone else’s intellectual property rights or any other proprietary rights, exploiting, harassing, bullying, spamming, auto-messaging, or auto-dialing people through our Services.

• Don’t use the Services to do harm to Hubz. Among other things, this includes trying to gain access to or attacking our systems, scraping our Services without our written consent, transmitting viruses or other malicious code to our Services, abusing or defrauding us or our payment systems, copying our product or using our intellectual property without permission, and misusing our reporting or customer service mechanisms.

• Don’t use the Services to do anything else that’s illegal. This includes using the Services to plan or commit any crime or do anything else that is illegal.

• We encourage you to report content or conduct that you believe violates these restrictions. You can learn more about our approach to safety and content moderation in our Safety Center.
  
  
  

Appeals

We value transparency and work hard to give you context for the decisions we make. You can appeal any enforcement action we take under these terms or other policies, including terminations, suspensions, or content removals through this form or available in-app options.


Indemnity

If you are using the Services on behalf of a business or legal entity and not in an individual capacity, then you will indemnify and hold Hubz and its officers, directors, employees, affiliates, subsidiaries and agents harmless from and against any claims, liabilities, damages, and costs (including reasonable legal and accounting fees) related to (a) your access to or use of our Services, (b) your content, or (c) your violation of these terms.

Services “AS IS”

We work hard to offer great Services, but there are certain aspects that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, HUBZ, ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. THE LAWS OF CERTAIN JURISDICTIONS OR STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. TO THE EXTENT SUCH WARRANTIES CANNOT BE DISCLAIMED UNDER THE LAWS OF YOUR JURISDICTION, WE LIMIT THE DURATION AND REMEDIES OF SUCH WARRANTIES TO THE FULL EXTENT PERMISSIBLE UNDER THOSE LAWS.

Data Charges

You are responsible for any mobile charges that you may incur for using our Services. This includes data charges and charges for messaging, such as SMS, MMS, or other messaging protocols or technologies. If you are not sure what you may be charged, you should ask your mobile service provider before using our Services.


Limitation of liability

WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO. IN COUNTRIES WHERE THE BELOW TYPES OF EXCLUSIONS AREN’T ALLOWED, WE’RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR MATERIAL BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.

THE INFORMATION PRESENTED ON OR THROUGH THE SERVICES IS MADE AVAILABLE SOLELY FOR INFORMATIONAL PURPOSES. WE DO NOT CONFIRM THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE INFORMATION. ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS SOLELY AT YOUR OWN RISK.

IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, NEITHER HUBZ, ITS AFFILIATES, NOR OUR SUPPLIERS INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST BUSINESS OPPORTUNITY, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE SERVICES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HUBZ OR ITS SUPPLIERS HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY PROVIDED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

BESIDES THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), HUBZ LIMITS OUR LIABILITY TO YOU TO THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID US IN THE THREE MONTHS BEFORE YOU FIRST ASSERT A CLAIM OR (B) $100 USD (OR THE EQUIVALENT IN YOUR LOCAL CURRENCY).

HUBZ ISN’T LIABLE FOR THE CONDUCT OR CONTENT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF OUR SERVICES.

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN HUBZ AND YOU.

Settling disputes between you and Hubz

Informal resolution.  Most disputes can be resolved informally, so if you have an issue with the Services, you agree to reach out to us before initiating a lawsuit or arbitration. This requires submitting a support form found in the "Contact Us" section of the Hubz homepage (https://hubz.io/) (“Written Notice”), which must include: (1) your name; (2) the email address or phone number associated with your Hubz account; (3) a detailed description of the issue; and (4) how you’d like to resolve it.  If the dispute is not resolved within sixty (60) days after receipt of the Written Notice, you and Hubz agree to resolve any remaining dispute through further informal discussions or one of the formal dispute resolution provisions below.  You must engage in this informal resolution process before starting any formal dispute resolution unless exempted by law. Applicable statutes of limitations and due dates for arbitration filing fees or other deadlines will be tolled upon receipt of the Written Notice while the parties attempt informal resolution.

If you reside in the European Union, you may also be entitled to submit your complaint to the European Commission’s Online Dispute Resolution (ODR) Platform or the Out-of-Court Dispute Settlement (“OCDS”) mechanism under DSA Article 21. ODR allows EU consumers to resolve disputes related to the online purchases of goods and Services without going to court.  Note that a submission to the ODR or via the OCDS mechanism alone, without submitting a Written Notice to Hubz, will not toll the applicable statutes of limitations or other deadlines.

If you are a consumer residing in the European Union, this clause and these terms in general do not affect any mandatory consumer rights you may have under your local law, and all disputes arising in connection with the Services and/or these terms shall be submitted to the exclusive jurisdiction of the court of Amsterdam, the Netherlands or, if you are a consumer, to a court closer to your domicile if in an EU Member State.


Agreement to arbitrate and applicable law

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT:

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) in accordance with the Arbitration Rules of the Singapore International Arbitration Centre (“SIAC Rules”) for the time being in force, which rules are deemed to be incorporated by reference in this clause.

The seat of the arbitration shall be Singapore.  The Tribunal shall consist of one arbitrator.  The language of the arbitration shall be English.  In respect of any court proceedings in Singapore commenced under the International Arbitration Act 1994 in relation to the arbitration, the parties agree (a) to commence such proceedings before the Singapore International Commercial Court (“the SICC”); and (b) in any event, that such proceedings shall be heard and adjudicated by the SICC.  

This contract is governed by the laws of Singapore.

Class waiver

TO THE EXTENT PERMITTED BY YOUR LOCAL LAWS, EXCEPT AS PROVIDED HEREIN, YOU AND HUBZ AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN OUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, UNLESS HUBZ PROVIDES ITS CONSENT TO CONSOLIDATE IN WRITING. If this specific paragraph is found unenforceable, then the “Agreement to arbitrate” section will be null and void. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies.  This subsection does not prevent you or Hubz from participating in a class-wide settlement of claims.

Changes to this Dispute Section

Hubz will provide 30 days’ notice of the date of any material changes to this clause. Changes will become effective on the 30th day and apply to all claims not yet filed. If you continue to use the site after the 30th day, you agree that any unfiled claims of which Hubz does not have actual notice are subject to the revised clause. If you reject any such changes by opting out of the arbitration agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under a prior version of the arbitration agreement will not apply to claims not yet filed. If Hubz changes this “Dispute Resolution” section after the date you first accepted this agreement (or accepted any subsequent changes to this agreement), you agree that your continued use of the Hubz product(s) or Services 30 days after such change will be deemed acceptance of those changes. If you do not agree to such change, you may opt out by providing notice as described in this section.


More important stuff

You have certain rights that, by law, can’t be limited by these terms, and we in no way intend to restrict those rights in these terms.

Entire agreement

These terms cover the entire agreement between you and Hubz for your use of our Services.


Additional terms

Where additional terms apply to our products or Services, the additional terms will control with respect to your use of that product or service to the extent of any conflict with these terms.

Bug reporting

We support the responsible reporting of security vulnerabilities. To report a security issue, please submit a support form found in the "Contact Us" section of the Hubz homepage (https://hubz.io/).

Export Control

You agree to comply with all applicable import, export, and re-export control laws and restrictions, including but not limited to those of the European Union and its member states, the U.S. Department of Commerce Export Administration Regulations (“EAR”) and economic sanctions maintained by the U.S. Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”), and will not use the Services to cause a violation of such laws or regulations. You agree to not use our Services to store or distribute content that is subject to export controls, unless you have obtained all required government export authorizations. Further, you represent and warrant that you are not on any government list of prohibited or restricted parties, or otherwise subject to equivalent restrictions, as specified in the laws and regulations listed above or in your country’s laws. You may not download or use our Services if you are located in a country or region subject to U.S. or E.U. government embargo (including Cuba, Iran, North Korea, Syria, and the Crimea region) unless that use is authorized by the United States and other relevant authorities.


Waiver, severability, and assignment

If you fail to follow these terms and we don’t immediately act, that doesn’t mean we’re giving up any of our legal rights (such as acting in the future). If any part of these terms ends up being invalid or unenforceable based on a decision by any court or competent authority, the rest of these terms will not be affected. You may not assign these terms to anyone else without our written consent. We may assign our rights to any of our affiliates or subsidiaries, or to any successor in interest of any business associated with our Services.

Survival

Any part of these terms that by their nature should survive after termination of these terms will survive. As permitted under applicable law, this includes but may not be limited to the following:

Our rights to retain and display certain data;

Any amounts owed will remain due;

Any indemnification obligations (as applicable) such as those listed under the “Indemnity” section;

Any disclaimer of warranties such as those under the “Services ‘AS IS’” section;

Any applicable limitation of liability such as those under the “Limitation of Liability” section;

Any dispute resolution provisions, including the arbitration agreement, such as those under the “Settling disputes between you and Hubz” section.

Updates to these terms. We may decide to update these terms: (1) to reflect changes to our Services or our business, (2) for legal or regulatory reasons, (3) to prevent abuse on or of our Services, or (4) to better protect or serve users of our Services. If these changes materially affect your Hubz use or your legal rights, we’ll give you reasonable advance notice (unless the updates are urgent). If you continue to use our Services after the changes have taken effect, it means that you agree to the changes. If you don’t agree, you must stop using our Services.

Contacting each other

If you have any questions about these terms, please contact us by submitting a support form found in the "Contact Us" section of the Hubz homepage (https://hubz.io/). We may send you electronic communications related to our Services. Where required, we’ll get your consent before sending you direct marketing, and we’ll make it easy for you to opt out.


Hubz Monetization Terms

These Hubz Monetization Terms (“Monetization Terms”) apply to anything sold using Hubz’s supported purchase flows, and supplement the Hubz Terms of Service (“Terms of Service”). For the avoidance of doubt, the Hubz Terms of Service are incorporated herein by reference, and any undefined terms shall have the meaning assigned to them under the Terms of Service.

Selling Services and Products On Hubz

As part of our Services, we provide a platform that certain users (“Sellers”) can use to sell things on Hubz (an “Offering”). Offerings can include things like subscriptions to your chat or content, access to certain perks or roles, one-time purchases, recurring subscriptions, your content, and more.

Hubz’s services include tools that make it easy to create and manage an Offering. You decide what you want to sell, you set the price, and you are responsible for providing the services and products as described by you and for the period set by you.

Chat subscriptions, and other user monetization products are features available to certain qualifying users on Hubz. We can choose who is eligible to sell things through our services at our discretion. We may include additional requirements or details directly in the services where you create a particular Offering, so please review those parts of our services carefully before creating an Offering.

You must accurately and fully describe your Offering, including what the user gets, the full price, any disclaimers or limitations about the Offering, and any rules or requirements (such as who is eligible) or other conditions that apply to users who purchase your Offering. Once they have purchased your Offering, you must provide users with what you offered them. If you materially change an existing Offering (for example by taking away perks), you must offer users who purchased the Offering a refund, or in the case of subscription, inform them of the changes and give them an opportunity to cancel or modify their subscription before the changes take effect. 

You must ensure that your Offering and any associated listing materials comply with all applicable laws, including advertising, marketing, consumer protection, investor protection, gambling or sweepstakes, and data privacy and security laws, and do not contain any fraudulent, misleading, defamatory, or obscene materials. If you are selling age-restricted Offerings, you must clearly identify that your Offering is age-restricted. You must also verify that those who help provide or appear in your Offerings (including age-restricted content) are the age of majority, and where applicable, you must store their consent to participate. Hubz may remove your Offering (including any associated content), indefinitely block or withhold payment, and/or terminate your account or community for violations of our Terms. See the “Restrictions” section below for more details.

You must provide a way for users who purchase your Offering to reach out to you to resolve disputes directly, including but not limited to refunds, and you (and not Hubz) are responsible for resolving disputes those disputes. Where you have been unable to resolve such a dispute and we determine that you have not provided or are unable to provide users with the Offering as described, we may take action against your account and may prohibit you from use of the Services. 

We’re also always developing new features and products, and we may add or remove features, change who can use certain features, start Offering new services, or stop Offering old services. While we try to avoid disruptions, we cannot guarantee that there will not be an outage or change to the services, and your Offering may not be accessible due to such outages or changes. To the extent permitted under applicable law, we are not liable for any such outages or service changes, including without limitation any incidental, special, indirect, or consequential damages, loss of profits, revenue, or data, or cost of cover.


Your Relationship With Hubz

You’re an independent individual or entity (sometimes referred to as an independent contractor). You are not an employee, agent, joint venturer, or partner of Hubz.

Hubz does not endorse, sponsor, or approve of Offerings on the platform. Hubz is not responsible for the content or quality of such Offerings.

Payments

Once you’ve created your Offering, users will be able to see and purchase it through your community. Hubz provides users with access to the content and/or Offerings you provide directly through the services and allows users to pay for these Offerings through Hubz. Hubz may, in its sole discretion, but is not obligated to,  assist you with managing payments issues such as fraud, chargebacks, and resolution of payments disputes with assistance from you.  

All user payments for Offerings will be to the offeror through blockchain networks, including but not limited to the TON blockchain network (each, a “blockchain network”) via an authorized non-custodial digital asset TON wallet (“wallet”), and all payments will be made and/or received utilizing Toncoin.  To be eligible to receive payouts, you’ll need to create and/or import an accepted TON wallet which may be made available to you on Hubz (the issuer of this wallet, a “Wallet Provider”). When you create an account with a Wallet Provider, you may be entering into a direct relationship with that Wallet Provider. If you will be entering into a direct relationship with the Wallet Provider, we will present their applicable terms to you, but will not be a party to any terms between you and Wallet Provider. Please review those terms closely. You will not be eligible to receive a payout until a Wallet Provider has provisioned your account. All payouts will be made via the payment method that you link through the Wallet Provider. The Wallet Provider may charge a conversion fee. 

You will be deemed to have accepted the accuracy of any payout from Hubz hereunder unless you notify Hubz of a dispute by contacting us no later than 30 days after the date of the applicable payout from Hubz to you.

We try to provide timely access to your funds, but you may occasionally experience delays in accessing your funds. We, or a Wallet Provider may also block or hold payouts for violations of our Terms (see “Restrictions'' section below), for compliance reasons, including collecting tax reporting information, or if we anticipate a high volume of chargebacks on your Offerings. When payouts are delayed or blocked we try to communicate the reason to you promptly. It is your responsibility to make sure that the contact information associated with your Hubz account is up to date and that your payment information is accurate. If you have questions about a payouts block, please reach out to us. 

In connection with the purchase of an Offering, you understand that Hubz will enable payments via smart contracts, which are code(s) and/or programs stored on a blockchain network that are responsible for receiving a payment request, making sure that the appropriate deposits have been made by both the purchaser and the provider of the Offering, and routing those payments to the corresponding recipients (“Smart Contracts”). You acknowledge that all payments received and/or made, and all Fees (as defined below)  paid through the Hubz Services are Smart Contract enabled.

Fees

We will deduct fees for each Smart Contract-enabled purchase of an Offering as summarized in the categories below (collectively, the “Fees”). 

Payment processing fees, blockchain network fees, and/or gas fees, which are the fees that may be charged by blockchain networks and/or Hubz are used to process purchases of your Offering by users on Hubz and make Smart Contract-enabled payouts to you (“Payment Processing Fees”). Payment Processing Fees are calculated as a percentage of the total payments from a user.

Additional transaction fees such as conversion fees and other fees applied by blockchain networks, or other entities for the processing of any transactions related to an Offering, including payouts, fraud, or refunds (“Transaction Fees”).  Transaction Fees will be calculated according to the method used by the third party applying the fee and will be charged to you as applicable.

Platform fees are fees payable to Hubz that we charge for making Services  available to you (“Platform Fee”). The Platform Fee is calculated as a percentage of the total value of the transaction for an Offering less applicable transaction taxes, Payment Processing Fees, and Transaction Fees. You acknowledge that a portion of the Platform Fees may be allocated to the Hubz DAO Community Treasury, a digital asset wallet that is kept and maintained by Hubz personnel. 

For purchases made by users through Hubz, you direct us to increase the total price of your Offering to account for any Payment Processing Fees charged. Any additional amounts collected as a result of this price increase will be used to pay for the Payment Processing Fees charged by blockchain networks or other third parties. We may, but are not obligated to, offer you the option to modify this setting, in which case we will present you with specific terms in the services or in communications with you outlining any applicable fee or pricing changes.

In addition to applicable Fees, we may also deduct, chargebacks, and associated fees from your payout as described in these terms. Your bank, a Wallet Provider, or a blockchain network may also charge currency conversion or transaction fees. We do not control currency exchange rates or charges imposed by your bank, a Wallet Provider, or a blockchain network and those fees may be deducted from your payout.

Restrictions

You cannot sell (or do) anything on Hubz that violates our Terms or any applicable laws, rules, or regulations. This includes breaching our Terms of Service, Community Guidelines, or our other policies. 

All of these policies are extremely important to us, so please read them.

If you breach our Terms, we reserve the right to indefinitely withhold payouts, restrict your ability to sell things through Hubz, terminate your chat, cancel any active Offerings and authorize refunds to users, or terminate your account with or without notice, report you to law enforcement, or take other appropriate actions, at our discretion.

Modification of Monetization Terms

We will update these Monetization Terms from time to time. We always indicate the date the last changes were published, and if changes are significant, we’ll provide a more prominent notice as required by law, such as by emailing you or highlighting the changes within the services.


Representations & Warranties

With respect to your Offerings, you represent and warrant to Hubz that (a) you have the requisite power and authority to enter into and carry out the terms of these Monetization Terms, without conflict with any other obligation you may have to any other party, and you have obtained and will maintain all rights, approvals and consents necessary to perform your obligations and grant all rights and licenses granted to Hubz under these Monetization Terms; (b) you have full title to the Offerings, free and clear of all liens, charges and other encumbrances; and (c) you will otherwise ensure that you, the Offering, and any associated listing content comply with all applicable laws will not contain any harmful, fraudulent, misleading, defamatory or obscene content, and none of the Offering or associated listing content infringe or misappropriate any intellectual property rights, rights of privacy or publicity or any other proprietary rights of any third party.