Canadian Terms & Conditions

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These Terms and Conditions (this “Agreement” or these “Terms and Conditions”) is between you and QUBER Technologies, Inc. (collectively, “QUBER”, “We”, “Us”, “Our”, or “Company”). By using or downloading our Mobile Application (the QUBER Mobile App) or accessing or using our website at www.qubersavings.com and its subdomains (“Website”), which provide financial information to assist users in managing their finances and encouraging savings, through savings jars, savings rules, recommendations, notifications, aggregation of financial data, expense and savings (collectively, the “QUBER Platform”) and related services and accounts (“Services”), you indicate your unconditional acceptance of the following Terms and Conditions on your own behalf and on behalf of any organization you represent (collectively, “you” or “your”).

Please read these Terms and Conditions carefully, as they may have changed since your last visit. We reserve the right to change any provisions of these Terms and Conditions from time to time for any reason, provided that such changes shall not apply to any fee-bearing subscriptions to the Services which are then in effect until the expiration or termination of such subscription. We will provide you with a notice of such changes at least 30 days before the change become effective. The updated Terms and Conditions will be posted to www.qubersavings.com/terms.

By accessing or using the QUBER Platform and Services, you expressly represent that you are legally competent to enter into this Agreement and agree to be bound by these Terms and Conditions and that you are a legal resident of Canada. No one under the age of 18 or who is not a legal resident of Canada may use the QUBER Platform.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT QUBER IS NOT A BANK, NOR IS IT A FINANCIAL PLANNER, BROKER OR ASSET MANAGER. THE QUBER PLATFORM IS MERELY A TOOL TO ASSIST YOU IN YOUR FINANCIAL PLANNING AND DECISION-MAKING. YOU ARE SOLELY RESPONSIBLE FOR YOUR SAVINGS, INVESTMENT, DONATION, AND SPENDING DECISIONS.

1. Terms — Definitions

The following words used in this agreement shall have the meaning set forth below:

• “Agreement” means these Terms and Conditions.
• “Aggregated Data” means aggregated, anonymized data pertaining to a group of users without any risk of disclosing any one user's identity.
• “Business Day” means Monday through Friday, excluding statutory holidays under the laws of the Province of New Brunswick or the laws of Canada.
• “Cashout” is an action triggered by you in the QUBER Mobile App that moves money from the QUBER Vault to your Primary Bank Account.
• “Cashback Rewards” refers to the rewards you earn by shopping with participating Merchant Partners through the QUBER Platform. Cashback Rewards may be tracked as Pending, Paid, or Ineligible and are subject to approval, adjustment, or cancellation by the Merchant Partner.
• “Financial Institution” means a bank or credit union accepting deposits. Currently, QUBER is partnered with Alterna Savings and OMISTA Credit Union.
• “Financial Products” means banking, credit card, mortgage, and insurance products you may be enrolled in or may be eligible for enrolment.
• “Financial Profile” means information about your finances possessed by QUBER including, but not limited to Transaction History, Financial Products, and your financial and savings goals and objectives.
• “Funding Source” means either the Primary Bank Account or Payroll Deduction.
• “In Vault Transactions” means a sum of money tied to a Saving Jar and sum of money tied to Saving Challenges that has been transferred from your Primary Bank Account and is safely stored in the QUBER Vault.
• “In Transit Transactions” means a sum of money tied to a Saving Jar and sum of money tied to Saving Challenge that has been transferred from your Primary Bank Account and is on its way to the QUBER Vault through the payment network but has not yet reached the QUBER Vault.
• “Merchant Partner” means a third-party retailer, brand, travel provider, or other external entity that participates in QUBER's Cashback Rewards program.
• “Payroll Deduction” means amounts withheld from your pay before you receive your net pay, as the source of your QUBER savings. Only the portion corresponding to the savings plan or savings challenge sponsored by your employer will be deducted via Payroll Deduction.
• “Pending Transactions” means a sum of money tied to a Saving Jar and sum of money tied to Saving Challenges that has accumulated based on triggered Saving Rules but has not yet been transferred to the QUBER Vault from your Primary Bank Account.
• “Primary Bank Account” means your chequing or savings account that is the source of money transfers and the destination of cashouts. Your Primary Bank Account must be at a financial institution located in Canada.
• “QUBER Account” means the account at QUBER which you created during registration through the QUBER Mobile App.
• “QUBER Vault” is an account held by QUBER in a Financial Institution that holds money temporarily for your benefit until a request is made by you to have your money transferred back to the Primary Bank Account.
• “Rewards” means any benefits, credits, prizes, incentives, or promotional amounts you may earn or be awarded through the QUBER Platform, including without limitation Cashback Rewards, Save to Win, Incentives, and Refer to Earn.
• “Saving Challenge” is a saving goal where you save a set amount of money by a pre-determined date following the withdrawal schedule.
• “Saving Jar” represents a Saving Goal, linked to the amount of money you have saved for that Goal.
• “Saving Rules” are rules set up by you in QUBER that when executed will transfer money from your Primary Bank Account to the QUBER Vault.
• “Savings” refers to the total amount of money you have in the QUBER Vault.
• “Subscription Fees” refers to the fee collected for paid QUBER services.
• “Transaction History” means the transactions from your Financial Products from the time you added your Transaction Source(s) with QUBER.
• “Transaction Source” means any accounts that you have added to populate your Cash Flow, execute Saving Rules, and receive saving recommendations.
• “Transfer” means the transfer of money from your Primary Bank Account to the QUBER Vault.
• “Your Information” means all information about you, including information about your identity, location, contact information, address, QUBER Account, Primary Bank Account, and Transaction Source(s) that you provide to QUBER.

2. Overview

Description of QUBER: QUBER encourages you to reach money saving goals through a unique, goal-based experience. At QUBER, our mission is simple — we are determined to make saving money easy and fun.

QUBER may provide you the opportunity to earn Cashback Rewards by shopping with participating Merchant Partners through the QUBER Platform. Cashback Rewards are provided by Merchant Partners, not by QUBER. QUBER facilitates the tracking and display of eligible purchases and rewards. QUBER does not guarantee that any particular transaction will be eligible for Cashback Rewards or that any Cashback Rewards will be paid.

How QUBER Works: The QUBER experience starts by you creating saving goals — Saving Jars or Saving Challenges — things that matter to you. Then you create Saving Rules in order to automatically move money into those goals. When your Saving Rules are triggered, money is automatically transferred from employer payroll deductions or from your Primary Bank Account via EFT into QUBER Vault. When you decide you want to Cashout your savings, your money is then transferred via EFT to your Primary Bank Account.

QUBER will hold your Savings separate from its corporate funds in a QUBER Vault, and it will not use your Savings for its operating expenses or for any other corporate purposes. QUBER will not voluntarily make your Savings available to its creditors in the event of bankruptcy.

The QUBER Vault is held in a pooled Bank Account in QUBER's name for the benefit of all participants in QUBER. The Savings you hold in a QUBER Vault may or may not be insured for your benefit by the Canada Deposit Insurance Corporation or any provincial deposit insurance program. Email contactus@qubersavings.com for more details.

Financial Insights: QUBER may provide you with general tips, Saving Recommendations and education materials on how to save, organize and manage your finances. QUBER is not a financial planner or advisor and you are solely responsible for your saving and spending decisions.

Content Disclaimer: The information on the QUBER Platform is provided for educational and general information purposes only. The QUBER Platform is not intended to provide tax, legal, accounting, financial, fiduciary, or any other form of professional advice. You understand and agree that the QUBER Platform is provided to you on an AS IS and AS AVAILABLE basis.

Third Party Products and Services: QUBER may also provide you with information relating to third party products or services. Cashback Rewards are provided and fulfilled by Merchant Partners. QUBER is not responsible for the approval, calculation, adjustment, reversal, timing, or payment of any Cashback Rewards. Any disputes or issues with Cashback Rewards are solely between you and the applicable Merchant Partner.

Termination of Employment: If your participation in the QUBER Platform originated through your employment or an organization you belong to, and your employment is terminated or you leave the organization, or if your employer/organization terminates its subscription to the QUBER Platform, you may continue to have access to the QUBER Platform and your Savings minus any unvested employer/organization cash incentives.

3. Registration and Your Information

Registration: You must be a resident of qualifying Canadian jurisdictions and at least 18 years old to use the QUBER Platform.

Collection of Your Information: When you register in the QUBER Mobile app, and while using the QUBER Platform, you will be required to provide QUBER with information (such as, but not limited to, your employee ID, your name, mailing address, date of birth, social insurance number, tax identification number and email address). Your Information is required in order to provide you with access to the QUBER Platform and to comply with legal and regulatory requirements, including Know Your Customer and Anti-Money Laundering rules.

For more details on the information that QUBER collects from you and how we use, disclose and safeguard this information please see QUBER Privacy Policy at: www.qubersavings.com/privacy.

Accurate Information: You represent and warrant that you are the legal owner of Your Information, that you are authorized to provide QUBER with all of Your Information, and that Your Information is true, accurate, current and complete.

Anti-Money Laundering Rules: You represent and warrant that you will abide by all applicable Anti-Money Laundering rules, including the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada).

Confidentiality and Unauthorized Access: You agree and understand that you are responsible for maintaining the confidentiality of your password used to access QUBER. If you become aware of any unauthorized access to your QUBER account, you must immediately notify QUBER at support@qubersavings.com.

4. Bank Accounts and Transaction Sources

Connecting Your Primary Bank Account: You acknowledge and agree that you must connect your QUBER Account to your Primary Bank Account using the QUBER App in order to transfer money into the QUBER Vault when a Payroll Deduction is not available.

Payroll Deduction: You acknowledge and agree that you must choose your savings contribution amounts in QUBER in order to transfer money into the QUBER Vault with a Payroll Deduction. Only employer-sponsored Saving Goals have the Payroll Deduction option.

Primary Bank Account: When you register for a QUBER Account, you will be required to connect your QUBER Account to a checking or savings account held in your name at a financial institution located in Canada. You can only have one Primary Bank Account associated with your QUBER Account at any given time. The Primary Bank Account will be the source of all EFT Transfers and the destination of all Cashouts.

Transaction Sources: In order to use Saving Rules that require transactions, you need to connect your Transaction Sources to your QUBER Account. All information relating to your Primary Bank Account and Transaction Source(s) shall be collected, retained and disclosed only in accordance with QUBER's Privacy Policy.

5. Transfers

Saving Rule Transfers: You may make a Saving Rule Transfer from your paycheck as a Payroll Deduction or your Primary Bank Account via ACH to the QUBER Vault using the QUBER Platform.

Payroll Deductions: When you setup an automated Payroll Deduction through your employer program, you are agreeing to have the amount you set to be deducted automatically from your pay check, and transferred to your QUBER Vault.

ACH Transfers: The minimum transfer amount is $10.00 when done through your Primary Bank Account. QUBER reserves the right to postpone your transfer to the QUBER Vault until you have a minimum of $10.00 in total pending transactions.

Transfer Limitations: QUBER reserves the right to limit or restrict Transfers for any reason, including if it has reason to suspect any suspicious or illegal activity.

Preauthorized Debits (PADs): You authorize QUBER, and the designated financial institution to begin Transfers on regular intervals from your self-designated Primary Bank Account. You may cancel this authorization at any time. Any cancellation Notices must be received at least five (5) Business Days before the next debit is scheduled. You can contact us by email at support@qubersavings.com. For more information on your recourse rights, you may contact your financial institution or visit www.cdnpay.ca.

6. Cashouts

Cashout of Funds: At any time, you may cashout your Savings. This is done by cashing out individual Saving Jars or Saving Challenges. You may only Cashout to your Primary Bank Account. In the case of exceptional circumstances (such as death), please contact QUBER Technologies Inc. at support@qubersavings.com.

Cashout Limitations: You can only cashout In Vault Transactions. Pending Transactions have not yet moved to the QUBER Vault, and on Cashout will be reset to 0. In Transit transactions cannot be cashed out until they reach the QUBER Vault.

7. Transfer and Cashout Transactions

Limitations: The maximum amount of money that can be transferred in one day from your Funding Source to QUBER Vault is $3,000. The maximum amount of money that can be cashed out from QUBER Vault to your primary bank account in one day is $10,000.

Processing Time: Reasonable steps will be taken to process Transfers and Cashouts within five (5) Business Days. You acknowledge that QUBER is not liable for any error or processing delay caused by any third party.

Fees and Penalties: You agree that QUBER shall not be liable to you for any fees or penalties charged by any financial institution in connection with a Transfer, Cashout, or Subscription fee, including any overdraft fees or Insufficient Funds fees.

8. Contests and Similar Promotions

From time to time, QUBER will offer contests for a chance to win money towards your saving goals. Contest rules will be defined on the QUBER website (www.qubersavings.com), including contest eligibility. Residents of Quebec are not eligible to participate. A skill testing question must be answered correctly in order to claim your prize.

9. Cashback Rewards

Cashback Rewards are only applicable on purchases made through the QUBER Platform, tracked by QUBER with Merchant Partners that specifically offer Cashback Rewards. Cashback Rewards are calculated based on the final transaction amount of eligible purchases and will initially appear as Pending. It may take up to 90 days or longer, depending on the Merchant Partner's return/cancellation policies, to become Paid.

Pending Cashback Rewards are not available for withdrawal. When Cashback Rewards become Paid, QUBER may, at its discretion, credit your Rewards so they become available in your QUBER balance.

If your account becomes inactive for a period of 12 months, or if your account is closed, any pending Cashback Rewards may be forfeited.

Currency Conversion: If you make a purchase in a currency other than Canadian Dollars, the purchase amount will be converted into Canadian Dollars for the purpose of calculating Cashback Rewards. Once calculated, your Cashback Reward amount is locked and will not be adjusted.

Cashback Rewards may be subject to tax. It is the sole responsibility of the end user to report any Cashback Rewards received in accordance with applicable tax laws. QUBER reserves the right to modify, suspend, or terminate the Cashback Rewards program at any time, with or without notice.

10. Fees

You may be charged fees from third-parties, such as a financial institution, when you transfer or cashout Savings. We recommend that you consult with your financial institution before using the QUBER Platform.

11. Rights you Grant to QUBER

You authorize QUBER to access and login to your Transaction Source(s) that you connect to your QUBER account on your behalf as your agent using the credentials that you provide to us, including usernames and passwords for the purpose of executing Saving Rules and providing you information on your Spending and Saving.

YOU ARE RESPONSIBLE FOR ENSURING THAT YOUR AGREEMENTS WITH YOUR FINANCIAL INSTITUTIONS PERMIT YOU TO APPOINT QUBER AS YOUR LAWFUL AGENT TO ACCESS YOUR TRANSACTION SOURCE(S).

TRANSACTION HISTORY: YOU AUTHORIZE QUBER TO EXAMINE, ANALYZE, TRACK AND COLLECT INFORMATION ABOUT YOUR TRANSACTION HISTORY IN ORDER TO: (I) EXECUTE YOUR SAVING RULES; (II) SHOW DETAILS ON MONEY IN AND MONEY OUT OF YOUR TRANSACTION SOURCE(S); AND (III) TO CUSTOMIZE THE QUBER EXPERIENCE FOR YOU.

12. Your Information

Ownership: You retain ownership of Your Information, including all rights therein and relating thereto.

Aggregated Data: You grant QUBER a non-exclusive, transferable, assignable, irrevocable, royalty free, worldwide, perpetual license to create Aggregated Data and to use such Aggregated Data, and all modifications thereto and derivatives thereof, for any purpose, including, without limitation, to improve the QUBER experience, to develop new products and services, and to conduct statistical research and analysis.

Transfer: QUBER may transfer Your Information outside of Canada for processing or storage that may be subject to the laws of such foreign jurisdictions. QUBER will have in place and maintain appropriate technical and organizational measures to protect Your Information.

13. Term & Termination

The term of this Agreement will begin when you register in the QUBER Mobile App and will continue until the Terms are terminated by either party. You may terminate this agreement immediately for any reason with or without cause by closing and deleting your QUBER Account by contacting QUBER at support@qubersavings.com. QUBER may terminate this Agreement immediately upon Notice to you for any reason with or without cause.

We may suspend your right to use QUBER if you: (i) breach the terms of this Agreement; (ii) QUBER suspects that your QUBER Account is being used without authorization; (iii) QUBER suspects that your QUBER Account is being used for illegal or fraudulent purposes; or (iv) QUBER needs to comply with applicable law.

14. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

If you have a complaint regarding QUBER, or with respect to any provision of this Agreement, you must first submit your complaint directly to QUBER at support@qubersavings.com. QUBER will review your complaint and seek to resolve the complaint to your satisfaction as soon as possible.

[Not applicable in Quebec, Alberta or Ontario] If your complaint is not resolved to your satisfaction within thirty (30) days of making the complaint, you agree to resolve the complaint by final and binding arbitration to the extent mandatory arbitration is permitted by applicable law. The arbitration will be conducted in the province or territory in which you reside in accordance with the commercial arbitration laws and rules in the province or jurisdiction in which you reside.

15. Warranty

QUBER represents and warrants that it will provide the service described herein in a professional manner consistent with general industry standards.

Warranty Disclaimer: SOME PROVINCES AND TERRITORIES DO NOT ALLOW FOR THE EXCLUSION OF WARRANTIES (INCLUDING THE PROVINCE OF QUEBEC). IN THESE PROVINCES AND TERRITORIES, YOU HAVE ONLY THE WARRANTIES THAT ARE EXPRESSLY REQUIRED TO BE PROVIDED IN ACCORDANCE WITH APPLICABLE LAW. IN ALL OTHER PROVINCES AND TERRITORIES, EXCEPT AS EXPRESSLY PROVIDED HEREIN, QUBER IS PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT ANY WARRANTY WHATSOEVER.

16. Limitation of Liability

SOME PROVINCES AND TERRITORIES DO NOT PROVIDE EXCLUSION OF LIMITATION OF LIABILITY FOR ALL TYPES OF DAMAGES (INCLUDING THE PROVINCE OF QUEBEC). IN ANY OTHER CASE, QUBER SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF QUBER, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS. QUBER'S LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED $100.00.

YOU ACKNOWLEDGE AND AGREE THAT QUBER MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING CASHBACK REWARDS. QUBER SHALL HAVE NO LIABILITY ARISING OUT OF OR RELATING TO YOUR PARTICIPATION IN CASHBACK REWARDS.

17. Indemnification

You agree to indemnify and hold QUBER, our affiliated companies and their respective agents, employees, directors and officers, harmless from any claim or demand, cause of action, liabilities and costs including reasonable lawyer's fees made by any third party due to or arising out of: (i) your use of the QUBER Mobile App, (ii) your violation of this Agreement, (iii) any misrepresentations made by you, or (iv) your violation of any third party's rights.

18. General Provisions

Assignment: No party may assign this Agreement or any right under this Agreement, without the consent of the other party; provided however, that QUBER may assign this Agreement to an acquirer of all or substantially all of the business of QUBER.

Notices and Communications: YOU AGREE THAT ALL NOTICES, COMMUNICATIONS, FINANCIAL INFORMATION WILL BE DELIVERED TO YOU ELECTRONICALLY. You can unsubscribe at any time by using the unsubscribe links provided in these electronic communications or by contacting QUBER Technologies Inc. at support@qubersavings.com.

Governing Law: This Agreement shall be governed by the laws of the province in which you are ordinarily resident at the time that you enter into this Agreement and the federal laws applicable therein without regard to the principles of conflict of laws.

19. Client Acknowledgement

BY ACCEPTING THESE TERMS & CONDITIONS AND REGISTERING THROUGH THE QUBER MOBILE APP, YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS OF THIS AGREEMENT AND THAT YOU HAVE HAD AN OPPORTUNITY TO SEEK TAX, LEGAL AND OTHER PROFESSIONAL ADVICE. YOU AGREE TO ENTER INTO THE AGREEMENT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

The following agreements, disclosures, and notices also apply:

• Electronic Records and Signature Disclosure and Consent