Last updated: April 02, 2024

TL;DR: When using nubtle's services, you need to be 18+ and comply with specific requirements based on the platform. Your account is personal, with clear rules for secure usage. We offer various platforms (Search, Promo, Business) each with its usage guidelines. Be aware, consumers pay vendors directly, and nubtle is not responsible for these transactions. For Promo users, nubtle charges a 10% fee on payments received through the platform. Remember, these summaries don't cover all details; refer to the full terms for comprehensive guidelines. Only the detailed sections are legally binding, not this shortened overview.

Terms & conditions

nubtle Inc.("nubtle," "we," "us," or "our") is a Canadian federal corporation that operates in Ontario and is governed by Canadian federal corporation laws. By using any of the services provided by nubtle and any of its platforms - Promo, Business or search, you agree to the following Terms of Use:

  1. Eligibility:

    You must be at least 18 years of age to use our services. By utilizing our services, you affirm and guarantee that you possess the legal right, authority, and capacity to enter into this agreement and comply fully with all of its terms and conditions.

    Furthermore, each of our platforms is subject to specific geographical restrictions and eligibility criteria:

    • nubtle Promo: Registration for a creator account requires you to be an active content creator or influencer. To sign up for a general account, you must engage in commission-based marketing. If you are not 18 years old, a legal adult guardian can register on behalf of you.
    • nubtle Business: This platform is dedicated solely to vendors and service provider professionals aiming to establish connections with creators and potential customers. Legal residency in the United States or Canada is a prerequisite for utilizing nubtle Business.
    • nubtle Search: This platform is designed exclusively for engaging with vendors and procuring goods or services; any usage beyond this intended purpose is not permitted. To access nubtle Search, you are required to be a legal resident of the United States or Canada.

  2. Accounts:

    • Account Creation: To access certain features of nubtle, registration for an account may be required. Upon registration, you will be required to provide personal information, such as your name, email address, and other contact details. In some instances, additional information for identity verification, such as your address, may also be required. You agree to provide accurate information and to keep it updated at all times. Only one account per platform is permitted. Should you create multiple accounts, we reserve the right to suspend or terminate your access to all nubtle platforms.

    • Account Usage: Consumers may use the search platform by verifying their contact information, without undergoing a formal registration process. Referral marketers and creators are required to register for an account on nubtle Promo to access its features (subject to approval). Vendors must register for an account on nubtle Business to access its features. Registration on one platform and a desire to use another necessitates the creation of a new account specific to that platform. For vendors, registering on the nubtle Promo platform categorizes you as a referral/affiliate marketer, not as a vendor. This condition applies equally across other platforms and users.

    • Account Security: You bear responsibility for safeguarding the confidentiality of your account credentials, including your email, username, and password. Immediate notification to us is required upon any unauthorized use of your account. We hold the right to terminate or suspend your account if we suspect a compromise of your credentials.

  3. Use of Services:
    • Account Creation and Use: nubtle offers three distinct platforms for users: Search, Promo, and Business. Consumers use the Search platform, referral/affiliate marketers and creators use the Promo platform, and vendors use the Business platform. Users from one platform may use another by creating an account on the new platform. For example, a vendor may create an account on the nubtle Promo platform to become an affiliate/referral marketer, but their account will not have vendor permissions when using the nubtle Promo platform.

      Users are prohibited from having more than one account on each platform. If we discover that you have created multiple accounts on any platform, we reserve the right to terminate any or all of your accounts.

    • Use of Platforms: By using any of our platforms, you agree to comply with all applicable laws and regulations. You agree not to use our platforms for any illegal or unauthorized purpose, and you agree not to interfere with or disrupt any of our platforms or networks connected to our platforms.

      Users of the Search platform may use the service to conduct searches for vendors and services and communicate with vendors using our proprietary systems. Users of the Promo platform may use the service to connect with vendors, have contracts, promote them, and create custom search queries in their nubtle Promo marketing campaigns.

      Users of the Promo platform can promote a specific vendor, or our Search platform in general, to receive commission for each successful customer they refer. Furthermore, creators can have fixed-price or commission-based, or both types of contracts with vendors, and receive payments for the services rendered according to the contract terms.

      Users of the Business platform may use the service to create and manage their vendor account, receive leads from the Search and collaboration requests from the Promo platform, communicate with consumers and creators, and complete agreements through our proprietary systems. Vendors and creators are responsible for providing accurate and up-to-date information about their profile, offerings, and services and responding to requests promptly and professionally. Using false information or failing to provide adequate services will automatically terminate the vendor and creator accounts.

    • Communication: By using any of our platforms, you agree to receive transactional communications from us. Transactional communications include notifications of requests, notifications of communication from vendors, creators, or consumers, account information, billing information, or any transactional action taken on our platform. If you are a registered user, you may receive promotional communications unless this setting is turned off on the "Edit account" page. All email communications usually have an unsubscription mechanism for non-transactional communications.

    • Modifications: nubtle reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the platforms (or any part thereof) with or without notice. You agree that nubtle shall not be liable to you or any third party for any modification, suspension, or discontinuance of the services provided by any of nubtle's platforms.

    • Prohibited Uses: You are prohibited from using any of our services to:

      1. Modify copies of any materials from any of our platforms, except if you are a creator and the owner of the material;

      2. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;

      3. Delete or alter any watermark, copyright, trademark, or other proprietary rights notices from copies of materials from any of our platforms;

      4. Spam nubtle URLs, including but not limited to referral & vendor pre-match URLs. Promote your URLs cautiously.

      5. Harass, abuse, or harm another person or entity;

      6. Use any automated system, including without limitation "bots," "spiders," "offline readers," etc., to access our services in a manner that sends more requests to our servers than a human can reasonably produce in the same period;

      7. Interfere with, disrupt, or create an undue burden on our services or the networks or services connected to our services;

      8. Use our services to transmit, distribute, post, or submit any information concerning any other person or entity, including, without limitation, photographs, personal contact information, or credit, debit, calling card, or account numbers without their permission;

      9. Use our services in connection with any spam or other unsolicited commercial messages;

      10. Use our services to violate any law or regulation or engage in fraudulent, deceptive, or otherwise illegal activity;

      11. Use our services to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature;

      12. Use our services to distribute or disseminate inappropriate, profane, defamatory, obscene, or unlawful material or information; or

      13. Violate any of our policies, rules, or guidelines.

    • Termination: We reserve the right to terminate or suspend any account or service at any time, with or without cause or notice, including for violating these terms of use. We may also remove or modify any content submitted through our services for any reason.

    • Disputes: Any dispute or claim relating to these Terms of Use or any service provided by nubtle will be resolved through binding arbitration in accordance with the Canadian Arbitration Association rules. The arbitration will be conducted in Ontario, Canada, in the English language. The arbitration award will be final and binding, and any court with jurisdiction may enter judgment upon it.

    • Governing Law: These Terms of Use and any action related thereto will be governed by the laws of Canada, without regard to its conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

    • Jurisdiction: nubtle is a federal corporation in Canada and operates under Canadian federal corporation laws. Any legal action, suit, or proceeding arising out of or related to these Terms or any Service provided by nubtle will be instituted in the province of Ontario. Each party irrevocably submits to the jurisdiction of such courts in any such action, suit, or proceeding.

    • Permission to Use: You are not permitted to access or use any of nubtle’s services for the purpose of creating a similar or competing service.

    • Currencies: Consumers may pay the vendor directly in their preferred currency. nubtle charges the vendors in their local currencies. nubtle Promo platform users earn their commission in either USD or CAD or an equivalent converted amount (conversion rate may not be up-to-date). Creators can get paid for their collaboration contracts in the vendor's local currency - which will not be converted, and creators will have access to multiple currencies in their wallet regardless of their default currency.

  4. Fees:

    nubtle charges a fee to vendors for every request/consumer they successfully convert through nubtle. Vendors themselves can set this fee. The fee, whether in part or in full, may be forwarded to the Promo user if the consumer was referred through the Promo user's referral link. nubtle imposes a 10% fee on Promo users (subject to coupon/discount) for any payment they receive through nubtle. This fee is subject to change at any time.

  5. Refund Policy:

    The refund policy is applicable exclusively to the nubtle Business platform. nubtle does not offer refunds for customer/request acquisition costs, as vendors only pay a non-collaboration contract invoice after achieving conversions through nubtle. Vendors can terminate their use of nubtle’s services at any time, but payments for customer conversions already made through nubtle are not eligible for a refund.

    Vendors are entitled to a full refund within 14 days of completing a creator contract/collaboration contract with influencers, for any valid reason. Valid reasons may include not receiving the influencer/creator's services as outlined in the contract terms, failure by the creator to fulfill their end of the agreement, or any issues arising from the creator's malicious intent. To request a refund, vendors can cancel an active contract, and any paid invoices will be considered for a refund. To seek a refund for a completed contract, vendors must provide a valid reason within 14 days of contract completion. A "Request Refund" button can be found on the contract page. Alternatively, vendors can submit a support ticket to contact nubtle for a fair resolution.

    With respect to the nubtle Search platform, consumers make payments directly to the vendor, and the vendor’s refund policy will apply to the consumer. nubtle is not responsible for any payments consumers make to vendors.

    For nubtle Promo, withdrawals are only available for earned commissions and contract payments, and require a minimum of $20. nubtle reserves the right to reverse a withdrawal or request a refund from a Promo platform user if any illegal activity, including, but not limited to, breach of agreement, exploitation, or system error, is detected.

  6. Ownership:
    • All content and software used on the nubtle platform, including but not limited to text, media, graphics, logos, images, audio clips, documents, and software, is the property of nubtle or its content suppliers and is protected by Canadian and international copyright and trademark laws.

    • nubtle owns the intellectual property rights to its software framework, including all processes such as consumer privacy retention, vibe check, flexible influencer marketing, and others. nubtle has submitted some of its processes for patent protection.

    • nubtle has used media from sources such as Pexels, Pixabay, and Unsplash. Icons used on all of our platforms are from FontAwesome and Flaticon.

    • nubtle uses its software framework to operate, as well as third-party software, including but not limited to:

      1. jQuery to provide a smooth frontend user experience and control its behaviour with the user;

      2. Bootstrap for responsive design and layout;

      3. Cropper.js to crop images;

      4. Google Fonts for web fonts;

      5. Moment.js for date and time manipulation;

      6. DateRangePicker for the date range selection;

      7. Chart.js for data visualization;

      8. MaxMind for geolocation;

      9. LeafletJS for mapping

      10. Hotjar for tracking user experience on the search page

  7. Disclaimers:
    • Authenticity: nubtle does not guarantee the authenticity of vendors, creators, or consumers registered on our platforms. As a result, it is the user's responsibility to verify the authenticity of vendors, creators, and consumers and to proceed with caution. nubtle cannot be held liable for any issues arising from interactions between consumers and vendors or between creators and vendors.

    • Validity of Requests: nubtle cannot guarantee to vendors that all leads/requests will be genuine and valid. There may be instances of spam leads/requests or inaccurate information. However, vendors can cancel any requests they determine to be spam without negatively impacting their account or reputation (if the request is actually spam).

    • Referral Spam: nubtle Promo users are prohibited from spamming referral URLs on the internet. Any violation of this policy may result in the user's account being suspended or permanently banned.

    • Promo Payments: nubtle Promo users will receive a payment only once a vendor has paid nubtle for the conversion/contract.

  8. Limitation of Liability:

    nubtle, its affiliates, directors, officers, employees, agents, and suppliers are not responsible for any direct, indirect, incidental, special, consequential, or punitive damages that may arise from the use of our platforms and services. This includes any mistakes, errors, or inaccuracies in our content, damage to your property, and unauthorized access or use of your personal information stored on our secure servers. We are not responsible for any transmission interruptions, bugs, viruses, Trojan horses, or other harmful items that third parties may transmit through our platforms. Also, we are not liable for any loss or damage incurred from using any content (or product) posted, transmitted, or otherwise made available on any of our platforms or services.

    nubtle's total liability to any vendor, nubtle Promo user, or consumer will not exceed the total amount paid by the vendor or the total payment earned by the nubtle Promo user. These limitations apply to the fullest extent permitted by applicable law.

    Vendors acknowledge and agree that nubtle is not responsible for any payment or refund related to their business with consumers. They will look solely to consumers for any payment or refund-related dispute.

    Consumers acknowledge and agree that they use the search platform at their own risk and are solely responsible for verifying the authenticity of any vendor before entering into any transaction.

    nubtle Promo users acknowledge and agree that they may not engage in fraudulent or unauthorized activity in connection with the referral program. Any such activity may result in immediate termination of their nubtle Promo account and forfeiture of their commission. nubtle Promo users also acknowledge that they will only be eligible to receive a commission for conversions paid to nubtle by the respective vendor and not for any canceled or refunded conversions.

    The limitations and exclusions in this section apply to the maximum extent permitted by applicable law, regardless of whether a remedy fails its essential purpose.

  9. Governing Law:

    These Terms of Use and any disputes arising out of or related to these Terms of Use or the services will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision or rule.

  10. Amendments:

    We may modify these Terms of Use occasionally, and any changes will be effective upon posting. You are responsible for reviewing and becoming familiar with any modifications. Your continued use of the services after any changes constitutes your acceptance of the new Terms of Use. nubtle will notify its users (or the users of the affected platform) of any significant changes made to these terms via email.

  11. General:

    If any part of these Terms is found to be invalid or unenforceable, that part will be removed, and the rest will still apply. Our failure to enforce any part of these Terms does not constitute a waiver of our right to do so in the future. These Terms, along with any other rules or policies we post, constitute the entire agreement between you and us. We are not in a partnership, joint venture, or employer-employee relationship with you. You may not transfer these Terms or any of your rights or obligations under them without our express permission. Conversely, we may transfer these Terms or any of our rights or obligations under them without requiring your consent. The section titles in these Terms are provided for convenience only and have no legal or contractual effect.