Terms of Use
Payment Terms and Conditions
HUBLA TECNOLOGIA LIMITADA, a private legal entity, registered under CNPJ no. 36.062.381/0001-80, headquartered at Rua Senador Cesar Lacerda Vergueiro, no. 380, 39º Subdistrito, Rooms 61 and 62, Sumarezinho, São Paulo, São Paulo, ZIP Code 05.435-010.
Important: these Payment Terms and Conditions govern access to Hubla's advanced payment features, enabling Users to conduct transactions efficiently and securely. In particular, they allow Members and Creators to transact directly with each other, facilitating the purchase and sale of Digital Products within Hubla's dynamic ecosystem.
The official language of these Terms is Brazilian Portuguese. Any version of these Terms in another language is a courtesy translation. In the event of a conflict, the Brazilian Portuguese version shall prevail for all contracts.
These Payment Terms and Conditions may be changed at any time and without prior notice, such that by accessing this Platform, the User acknowledges and agrees to these Terms. The use of this Platform after such changes take effect constitutes your acknowledgment and acceptance of the changes. Therefore, please check the Payment Terms and Conditions before each access to verify possible changes.
These Payment Terms and Conditions are complementary to Hubla's Terms and Conditions of Use, for Members and Creators, available at https://lp.hub.la/termos/termos-membros-e-criadores
1. Who are we?
We are a digital platform that offers an immersive experience for digital products, connecting Buyers/Members directly with Info-producers/Creators. In addition to facilitating these transactions, we provide advanced integration tools, group management, and checkout, focused on maximizing efficiency and results for our users.
Furthermore, we provide various Services to the Info-producer/Creator through licensing the use of our Platform, such as the management of Info-products, Member Area creation, Group Management, Checkout, among others.
It should be noted that Hubla does not act as an agent or distributor of Info-products, as it is not a party, intermediary, or guarantor of any relationships established between Users through the Platform. Hubla uses partners in its payment infrastructure, all duly regulated by the Central Bank (Bacen) and the payment system, to ensure the integrity and security of transactions carried out.
Therefore, Hubla charges licensing fees for the use of the Platform and/or for making the platform's financial features available, in accordance with the provisions of these Terms.
In addition, Hubla ensures that the platform and users are completely autonomous from each other, without any subordinate or employment relationship, and it is strictly prohibited for either party to represent, establish, or assume obligations on behalf of the other.
More information, as well as solutions, are available on the company's official website: https://lp.hub.la
2. Glossary
Hubla: Hubla Tecnologia Ltda, headquartered at Rua Senador Cesar Lacerda de Vergueiro, No. 380, 39th subdistrict, suites 61, 62, in the neighborhood of Vila Madalena, City of São Paulo, State of São Paulo, ZIP Code 05435-010.
Creator: an individual or legal entity that holds the intellectual property rights to Digital Products and uses the Hubla Platform to make them available to Buyers. Creators are responsible for uploading their content to the Platform and managing their sales, utilizing features such as members' areas and group management. They may also opt for strategies such as Smart Installments to facilitate sales.
Buyer/Member: an individual or legal entity that purchases Digital Products made available on the Hubla Platform.
Co-producer: a person who is a co-owner, alongside the Creator, of the intellectual property rights to a Digital Product. Co-producers collaborate in the creation, development, and commercialization of Digital Products on the Hubla Platform, having rights and responsibilities similar to those of Creators.
Affiliate: a person who joins the Hubla Affiliate Program, promoting and commercializing Digital Products of Creators and/or Co-producers. In return, Affiliates receive a commission if their actions result in completed sales. The Affiliates' activity is facilitated by tools provided by Hubla, such as sales links and performance reports.
User(s): comprehensive term referring to all individuals or entities that use the Hubla Platform, including Creators, Buyers, Co-producers, and Affiliates. All Users have access to the platform's various features, which support both the creation and consumption of digital content.
Infoproducer: collective term referring to Creators, Co-producers, and Affiliates who make available, create, or promote Digital Products on the Hubla Platform.
Digital Product: digital content offered on the Hubla Platform, of any nature, such as videos, audio, texts, images, courses, mentorships, consultancies, e-books, among others. These products are created and managed by Infoproducers and sold to Buyers, who purchase them through transactions carried out on the platform.
Platform: digital environment operated by Hubla, accessible via the internet, either through a mobile application or the official website hub.la. The Platform offers Users a range of Services, including the creation, management, and sale of Digital Products, in addition to specific features such as checkout, WhatsApp group management, and members' areas. Furthermore, the platform has a User Service system, providing greater convenience and better solutions for Users.
Personal Data: any information that can identify the User, as defined by the General Data Protection Law (LGPD - Law 13,709/2018). Hubla treats these data with care and in compliance with the legislation, using them to facilitate transactions and improve the Users' experience on the Platform, as set forth in the Privacy Policy: hub.la/privacy_policy.
Bot: a set of algorithms that interact with Platform Users via chat or other instruments. Bots are used to automate processes, provide support, and process information sent by Users, optimizing the efficiency of the Platform.
Content: the intellectual and copyrighted production belonging to the Creator and/or Co-producer, made available on the Hubla Platform as a Digital Product. This content can take various forms, such as videos, texts, audio, among others, and is managed directly by the Creator, who is responsible for its integrity and commercialization.
Services: constitutes any service provided by Hubla to the User. Among the Services are members' area management, optimized checkout, WhatsApp group management, and payment tools.
Members' Area: a service offered by Hubla that allows the Creator to make digital content available in an organized and exclusive manner, under their sole responsibility, to Buyers. The Members' Area provides an immersive experience where users can access purchased courses, mentorships, and other digital content, with total control by the Creator over the management of this environment.
Group Management: a Hubla tool that allows the Creator to organize and manage groups on platforms such as WhatsApp and Telegram. This feature automates participant management and the collection of fees for spots in the groups, facilitating the administration of the community created around the Digital Products.
Checkout: a service made available by Hubla, on its Platform, that allows Buyers to carry out transactions quickly and securely. Checkout includes features such as reviewing items in the cart, filling in personal data, choosing a payment method, and finalizing the purchase. This service is essential to completing the sales of Digital Products, ensuring a smooth and optimized shopping experience inspired by the best digital conversion practices.
Fees: percentages charged by Hubla to Infoproducers for the use of the Platform's features, including services such as Digital Product management, checkout, members' areas, and group management. It is worth noting that Fees are subject to variation depending on the type of service giving rise to the charge.
Product Value(s): Refers to the prices of Digital Products made available by Infoproducers on the Platform.
Sales Value(s): Refers to the amount paid by the Buyer for the Digital Product on the Platform, taking into account any discount coupons applied and the installment fee, where applicable.
Net Amount(s): Consists of the amount made available for withdrawal by HUBLA to the Infoproducer after the deduction of amounts and fees owed to HUBLA (Hubla Fee, Processing Fee, Withdrawal Fee, and Advance Fee, the latter if applicable, in accordance with the deadlines described in the topic “Withdrawal of Net Amounts”), discounts relating to chargebacks, cancellations, retentions, withdrawals, remorse periods, refunds, and deduction of amounts that may be owed to Co-producers, Affiliates, and others.
Smart Installments: payment method offered by Hubla that allows the Buyer to split the total purchase amount into monthly installments without compromising the total credit card limit. Each month, the Buyer is only charged for the corresponding installment, facilitating accessibility and users' cash flow. For this method to be made available to the Buyer, the Infoproducer must previously activate it on the Platform.
Transaction: every purchase operation carried out on the Hubla Platform through Checkout. Each Transaction involves capturing and processing payment data, approval by Card Issuers and Brands, and the subsequent settlement of the purchase amount, less the Fees owed to Hubla. The Transaction is only considered complete after the confirmation of all these steps.
Issuer Authorization: information provided by Issuers after the execution of the Transaction by the Infoproducer, confirming that: (i) the Card is not blocked or cancelled; (ii) the Cardholder's available credit limit is sufficient for the Transaction; (iii) there is no duplicate Transaction; and (iv) there are no impediments to the capture and settlement of the Transaction, in accordance with the criteria used by the Issuers (geographic location of the Infoproducer, line of business, Transaction value, fraud indicators, among others). This authorization is a prerequisite for completing the Transaction on the Hubla Platform.
Card Brand: institutions that regulate and supervise the issuance and use of credit and debit cards, such as Visa, Mastercard, among others. Card Brands are responsible for ensuring compliance of Transactions with market rules and ensuring the security of operations carried out on the Hubla Platform.
Transaction Cancellation: procedure that may be carried out by Hubla in cases of irregularities in the Transaction or at the request of the Infoproducer. Transaction Cancellation implies non-payment to the Infoproducer or refund of the amount paid to the Buyer.
Card: payment instrument, physical or digital, used by Buyers to make purchases on the Hubla Platform. Accepted cards are those issued by financial institutions authorized by the Card Brands, and their use is subject to approval by the Issuers.
Acquirer: payment entity that, without managing payment accounts, authorizes establishments to accept payment instruments issued by Issuers participating in the same payment scheme and participates in the settlement process of payment transactions as a creditor in relation to the Issuer, in accordance with the rules of the payment scheme.
Bank Domicile: bank account held by the Infoproducer to which the amounts arising from the relationship with Hubla in the processing of Transactions and/or other legal relationships maintained with Hubla are credited. The Infoproducer must keep this account in good standing and active to receive the amounts owed.
Issuer: Payment entity that is a card issuer, national or international, financial institution or not, authorized by the Card Brands to issue and provide Cards to Cardholders.
Payment Methods: payment instruments used to carry out Transactions on the Hubla Platform, such as Credit Card, Payment Slip, or other payment methods that may come to be accepted.
Negotiation of Receivables: transaction carried out with a financial institution, investment fund, or other creditor, in which the Infoproducer assigns or constitutes a guarantee over the credit rights originating from the Transactions.
Payment Method Market Rules: standards, regulations, guidelines, interpretations, and other requirements beyond the applicable Legislation (whether contractual or otherwise) imposed or adopted by any other card brands, Payment Scheme Settlors, market practices and customs, self-regulation rules, standards, and regulations issued by Brazilian authorities, including, but not limited to, the National Monetary Council, the Central Bank of Brazil, and the Council for Financial Activities Control, as well as all relevant legislation at the federal, state, and municipal levels.
Sub-acquirer: Hubla is a member of the payment system established by the card brands, acting as an intermediary in the process of enabling the Content Creator to accept payment methods (credit cards, debit cards, Pix, etc.), and perform and settle Transactions. It is noted that Hubla only transacts with acquirers authorized and regulated by the Central Bank of Brazil (Bacen).
Advance Solution: the advance of receivables generated by Transactions follows the following standard deadlines: for payments via credit card, the amounts will be received within up to 15 (fifteen) days after the Transaction ("D+15"); for payments via PIX or bank slip, the deadline will be within up to 8 (eight) days after the Transaction ("D+8"). Any change to these deadlines must be negotiated in advance and will be subject to an approval process by Hubla.
3. Hubla Payment Tools
3.1 Features for Infoproducers on the Platform. Hubla offers a wide range of financial features for Infoproducers on its platform, enabling the maximization of operational efficiency. Among these features are the ability to accept payments via Card, bank slip (boleto), PIX, and other methods that may become available. In addition, Infoproducers will be able to develop and make their Infoproduct available for access by Buyers through our Platform; create and offer tickets for events; publish varied Content in their Group or in the Members Area; manage Groups; automate the entry and exit of participants using HUBLA Bots; migrate groups that were not previously on HUBLA; create a sales page; and provide the Checkout Service to Buyers.
3.2 Transactions carried out with Products registered on the Platform may only be paid using the features available on Hubla. To this end, Hubla may use third-party payment methods and partner companies to receive payments, pay amounts, or advance receivables from transactions (such as banking institutions, credit card administrators, and other credit entities). In such cases, there may be different terms and conditions that you must comply with. In the event of an interruption in the relationship with any Third-Party Service, some payment method(s) may cease to be offered via Hubla. Hubla is not responsible for the availability, accuracy, or interruption of the provision of these Third-Party Services.
3.3 The Hubla entity you contract with to use the Platform and process your transactions may vary depending on the country or countries of residence of the User(s) and the currency in which the transaction is conducted. If the transaction is conducted in Brazilian Reais (BRL), the company processing the transaction is the Hubla BR entity. For all other transactions outside of Brazil, the company processing the transaction is the Hubla US entity. The business model established between the User and Hubla will depend on the entity with which the User contracts. If the User contracts with Hubla BR, Hubla will act as a Commercial Agent on behalf of the Creators. If the User contracts with Hubla US, Hubla will act as a reseller. By accepting these terms, you grant Hubla broad powers to perform all activities necessary to maintain the established business relationship and comply with these Terms and other Policies.
3.4 Card Transactions. HUBLA allows the Infoproducer to receive payments through the provision of Infoproducts via Transactions made with Cards accepted by Card Networks through an Acquirer, which Transaction will require approval by the Issuers and Card Networks, without any involvement or influence from HUBLA. The Transaction amount will be subject to deductions from the Acquirer's receipt and the fees owed to HUBLA, so that, after deductions, the net amount will be made available to the Infoproducer. The Infoproducer will be able to track the financial movements resulting from their Transactions carried out through HUBLA's features, including detailed statements.
3.4.1 Card Tokenization. In order to optimize the purchasing and subscription renewal experience, HUBLA will securely store Buyers' Card data for tokenization purposes, in compliance with applicable legislation and industry-required security standards. The Buyer may select a Card to be designated as the primary card, which will be saved on the Platform and used on a priority basis for future automatic transactions.
3.4.2 Automatic Fallback. The primary Card saved on the Platform will automatically be used as a fallback mechanism in the following cases: (i) subscription renewal attempts where the Card initially used is not authorized; and (ii) scheduled installment charges resulting from Smart Installments, in cases where the Card linked to the transaction does not authorize the payment, including in default situations. The fallback feature aims to mitigate interruptions in access to the purchased Digital Product or service.
3.4.3 Payment with Multiple Cards. The Platform will allow the Buyer to make payments using multiple credit Cards in a single transaction, provided that the applicable operational limits and conditions are observed. In such cases, the first Card entered at checkout will automatically be designated as the primary Card and used for future renewals, including for fallback purposes as provided in Clause 3.4.2.
3.5 Inexistence of financial institution or credit card services: Hubla's Payment Tool is not intended to provide services offered by financial institutions, credit card administrators, or acquirers. Hubla's Payment Tool operates exclusively as a payment transaction facilitator, with payments being processed on behalf of and for the account of Users. Hubla's Payment Tool is not a financial institution and does not perform credit operations directly.
3.6 Chargeback and Refund. If the Buyer requests a chargeback from the card issuer, the transaction amount will be fully reversed, individually, for each card used in the purchase, in accordance with the criteria of the respective card brands and issuers. In such cases, access to the Infoproduct will be automatically removed and/or suspended by the Platform, without the need for prior notice.
3.6.1 In the event of a voluntary refund requested by the Buyer, the transaction amount will be refunded proportionally among the cards used, considering the amount effectively paid on each one, respecting the deadlines and procedures of the financial institutions involved. Hubla may mediate the refund process, without, however, guaranteeing specific deadlines for completion, due to the actions of third parties.
4. Obligations of the Infoproducer/Creator
4.1. By using Hubla Services in connection with any Product, you are responsible for identifying, understanding, and complying with all applicable laws, rules, and regulations. This may include, among others, civil law regulations, intellectual property regulations, regulations regarding the advertisement and content of your Product, and its marketing and sharing with Buyers. Applicable regulations may also require regulatory measures, such as obtaining licenses, permits, or authorizations from public bodies, in addition to registrations with professional associations and compliance with regulations issued by them. Tax or accounting rules may also apply. If you have any doubts about how local laws apply to your business on the Platform or to your relationship with Hubla, seek your legal or accounting advice.
4.2. Compliance with Payment Methods Market Rules. The Creator undertakes to follow and comply with all Payment Methods Market Standards, as well as the requirements of the payment scheme originator(s) or other participants of the payment arrangements with which Hubla is associated.
4.2.1. Liability for Technology Services. The Infoproducer understands that, due to the nature of technological services and dependence on third parties, Hubla cannot be held liable nor will it assume any liability for failures, errors, interruptions, malfunctions, or delays in the use of the Hubla Tool. Thus, Hubla does not guarantee the uninterrupted continuity of the operation of the Tool and its features.
4.2.2. Tax Liability: As the Infoproducer and/or Creator, under the Business Partnership model, sell(s) their Product directly to the Buyer, they are generally responsible for paying any taxes to the tax authorities. Certain countries/jurisdictions, however, have special tax laws that make Hubla, the Platform operator, and not the Infoproducer and/or Creator, potentially liable for certain tax obligations regarding Products sold by the Infoproducer and/or Creator. Such laws are generally those of the Buyer's country of residence, making Hubla, as the Platform operator, and not the Infoproducer and/or Creator, responsible for collecting and paying taxes (e.g., VAT, GST, etc.) in relation to the Product sold through the Platform. In the event that an Infoproducer and/or Creator sells Products to Buyers domiciled in different countries, different tax obligations may apply to them. Hubla and the Infoproducer and/or Creator may also have tax obligations regarding the fees Hubla charges the Infoproducer and/or Creator in exchange for Hubla Services.
4.2.3. Card Transaction Processing. Card transactions carried out by the Infoproducer may be processed by any Acquirer chosen by Hubla, with the Infoproducer's liability being limited to complying with the obligations set forth in these Terms;
4.2.4. Liability for Penalties. The Infoproducer assumes full liability for their actions that may lead to any fines or sanctions imposed by Payment Schemes, Acquirers, the Central Bank of Brazil, or other participants in the payment methods industry, and grants Hubla authorization to withhold the amounts of these penalties directly from the Infoproducer's account;
4.2.5. Hubla Bank Lock. In order for Hubla to make its financial features available, the Infoproducer irrevocably and irretrievably authorizes all Transaction amounts to be received in a Hubla bank account for settlement with the Interbank Payment Clearinghouse (CIP). The transfer of funds to the Bank Account registered on the Platform will be made when the withdrawal is requested, deducting the applicable Fees.
4.3. Online Transactions. All Transactions are conducted over the internet, and the Infoproducer fully assumes the risk of chargebacks and Buyer default in circumstances where payment is not made by the Issuer or the Acquirer, for any reason.
4.4. Other Obligations of the Infoproducer. The Infoproducer, in addition to other obligations and responsibilities, must:
Follow Security Procedures and Rules. Comply with security procedures and rules to carry out Transactions.
System Adaptation. Adapt to HUBLA's features and system to carry out Transactions, bearing all costs involved;
Compliance with Hubla's Technological Rules. Comply with the rules established by Hubla regarding the technology to be used on the Platform, defined in these and other Terms of Use;
Seek advice and make payments of taxes and fees. Consult, on your own account, your technical team, including accountants and lawyers, to obtain guidance regarding the appropriate method for collecting taxes related to the activity performed, being solely responsible for the correct payment of all taxes, fees, and other charges, as well as for the issuance of the corresponding tax invoices, exempting the platform from any liability arising from any eventual non-compliance or tax irregularity.
4.5. Confidentiality. The Creator is responsible for maintaining the confidentiality of Transaction data accessed through the platform itself, obtained through reports and the like, and is prohibited from using this data for illicit or illegal purposes, or in violation of these Terms.
4.6. Temporary Inaccessibility of Hubla. Due to the characteristics of the cloud environment, Hubla cannot guarantee the continuous availability of the Platform or its payment tools. Hubla may restrict the availability of the Platform or parts thereof, as necessary, for maintenance, security, or service enhancement. In these situations, Hubla's liability will be excluded, pursuant to article 393 of the Brazilian Civil Code.
4.7. Taxes and Invoices. The Creator is solely responsible for calculating, collecting, withholding, declaring, and remitting all taxes, such as duties, additional fees, surcharges, and other charges relevant to sales or the use of the Platform. All transactions carried out through the Platform are concluded directly between the Creator and the Buyer. In accordance with current regulations, the Creator is obligated to bear all taxes arising from transactions made on the Platform. Accordingly, the Creator acknowledges their responsibility for issuing and sending the tax invoice regarding the provision of the Digital Product to the Buyer.
4.8. Invoice Issuance. The Creator must correctly issue the tax invoice regarding the services provided, reflecting the total value of the sale, without discounts or withholdings, even when payment is made in installments by the Buyer, with the total value of the sale stated on the invoice.
4.9. Hubla Inflows and Revenues. Hubla's revenue does not encompass amounts owed or transferred to the Creator, nor any other third-party revenue brokered by it as a result of collecting on behalf of third parties and/or the User. Hubla's revenue is composed exclusively of the amounts and fees received for the features actually provided by it to Users.
5. Payment to the Info Product Creator and Chargebacks
5.1. Bank Details: Before making their first sale, Creators, Co-producers, or Affiliates must provide their bank details, which must be linked to a checking account in their own name. For registrations made in Brazil, the account must be located in the same country of domicile as the user and have the same ownership as the infoproducer, whether an individual or a legal entity. In the case of users with accounts in other countries, the account provided must also correspond to the same ownership, regardless of whether it is an individual or a legal entity. It is the responsibility of Users to keep this information up to date on the Platform at all times. Under no circumstances is it permitted to register or direct the transfer of amounts owed to Creators, Co-producers, or Affiliates to third-party bank accounts. Likewise, it is prohibited to register or transfer amounts to accounts under the same ownership that are located outside the domicile declared in the registration, when the domicile is in Brazil.
5.1.1. Third-Party Bank Account. Requests to withdraw available funds from the Creator's account on the Platform will no longer be honored by Hubla when the Bank Account is not held by the Creator, or if there is evidence or even suspicion of fraud or an unlawful act.
5.2. Info-producer's Account on the Platform. The value of the Transactions, minus the Fees owed to Hubla, co-producer and affiliate costs, and discount coupons applied, will be credited to the Info-producer's account on the Platform after receipt in Hubla's account, according to the effective contracted timeframe, whether D+15, D+2 (Pix and boleto) (defaults), or another, if previously negotiated.
5.2.1. Credits to the Infoproducer's Account. The Infoproducer's Account on the Platform may be credited through: (i) financial settlement resulting from Transactions carried out by Card; (ii) receipt of amounts arising from the payment of bank slips in the name of the Infoproducer; and/or (iii) receipt of amounts related to instant payments via PIX.
5.2.2. Redemption of Funds. Following a formal request by the Infoproducer, funds may be withdrawn by transfer to the bank account registered on the platform by the Infoproducer, within the established timeframe.
5.2.3. Bank Domicile. To allow the redemption of amounts held in the Infoproducer's account, a Bank Domicile in their name must be registered for the receipt of the Net Amount resulting from the Transactions. The Infoproducer is responsible for ensuring the regularity of the Bank Domicile. If the financial institution of the Bank Domicile declares itself unable to fulfill the credit orders issued by Hubla, the Infoproducer must regularize the situation or, if necessary, indicate and register a new Bank Domicile.
5.2.4. Credit Date. For payments via PIX, the credit of the Transaction amounts will be carried out within up to 2 (two) days, except in the event of instability of the banking institution or in the Brazilian PIX network. For other payment methods, if the expected date for the credit coincides with a holiday or a non-banking day in the clearing place of the Infoproducer's Bank Domicile account, the payment will be made on the first subsequent business day.
5.2.5. Access to Information. The Infoproducer may consult Transactions pending payment through the Platform, where they will have access to the balance and statement of transactions, serving as an accounting report for all purposes.
5.3. Sharing of Information. The Infoproducer grants permission to Hubla to share their registration and financial information with Acquirers and financial institutions.
5.3.1. Creator Identification. The Creator acknowledges that, upon confirming the execution of Transactions, Hubla may identify the Creator's corporate name and address.
5.3.2. Credit Reports. The Creator, as well as the individuals responsible for and managing it, authorize Hubla to obtain, at any time, personal and/or commercial credit reports from third parties, including, but not limited to, the Federal Revenue Service of Brazil, the National Financial System Customer Registry (CCS), and credit agencies such as Boa Vista, SPC, and SERASA.
5.4. Debits to the Infoproducer's Account. The Infoproducer acknowledges and agrees that, at any time, Hubla may make debits to their account on the Platform and/or carry out collections by any means permitted by law, relating to (i) fees, (ii) tariffs, (iii) services, (iv) fines, (v) penalties, (vi) indemnifications, among other charges provided for in the Card Brand regulations.
5.5. Monetary Adjustment. The amounts deposited in the Infoproducer's account will not undergo monetary adjustment, indexation, or financial remuneration, and Hubla will not be responsible for any possible loss of purchasing power or monetary devaluation of the amounts held.
5.6. Total Withdrawal. The Infoproducer may, at any time, withdraw all available funds in their account on the Platform, provided that they have an adequate balance to cover withdrawal fees, applicable banking fees, and any debits owed to Hubla. However, amounts held as collateral must remain in the Infoproducer's account on the Platform until they are released as stipulated in this Agreement.
5.7. Approval of Withdrawal. Total withdrawal is subject to Hubla's prior approval.
5.8. Responsibility for Chargebacks. Hubla is not responsible for any disputes, chargebacks, or purchase/payment blocks of any kind made by the Infoproducer's Buyer. Hubla may, at any time, deduct from the Infoproducer's balance the amounts relating to transactions that were refunded, blocked, or disputed (chargeback).
5.9. Hubla does not certify the regularity of the Transaction. The Issuer's authorization does not guarantee the regularity of the Transaction; it only confirms the validity of the Card and the availability of credit for the cardholder. Thus, the credit card Issuing Bank may subsequently carry out a chargeback, and the Infoproducer may face reversals or non-receipt of payment for the Transaction.
5.10. Deadline for Chargeback. The chargeback may be initiated by the Issuing Bank, at the Cardholder's request, within a period of up to 180 (one hundred and eighty) days after the completion of the Transaction. This may occur even if the Issuer has authorized and Hubla has made payment for the Transaction, according to the rules established by the Card Brands.
5.11. Chargeback Deduction. Hubla will deduct the chargeback amount applied by the Issuing Bank and debit the corresponding amount of the Transaction from the Infoproducer's account whenever the Issuer or the Cardholder disputes the Transaction with the Issuing Bank due to suspected fraud or any irregularities.
5.12. Suspension of Payment. If any event related to the cancellation, reversal, or chargeback of the Transaction occurs, Hubla will automatically suspend payment of the Transaction to the Infoproducer. The Infoproducer acknowledges and accepts the risks associated with the Transaction, including the possibility of fraud committed by third parties, such as unauthorized use of Cards, including, but not limited to, cases of theft, robbery, loss, misplacement, misappropriation, or other types of fraud.
5.13. Lack of Balance. If there is insufficient balance in the Infoproducer's account to cover damages caused to Hubla or third parties, and if Hubla resorts to legal action to seek compensation, the Infoproducer agrees in advance to the granting of precautionary measures for freezing as many assets as necessary to compensate for the losses.
5.14. Joint and Several Liability. If the Infoproducer is a legal entity, liability for damages and losses caused to Hubla will be joint and several between the Infoproducer and the individuals who control and manage it.
5.15. Account Suspension. In cases of suspension of access to the Infoproducer's account, sales related to the Infoproducts are terminated. However, the user will be unable to access any account features, such as changing registration information, bank details, or registered content. Furthermore, it will not be possible to withdraw amounts accumulated in the suspended account.
5.16. Freeze Due to Chargebacks. In the event that the chargeback rate on the Infoproducer's account exceeds 1% (one percent), Hubla reserves the right to fully or partially freeze the account balance for a period defined by Hubla, in order to cover possible refunds and chargebacks.
5.17. Cancellation Due to Suspected Chargeback. If there are signs or suspicions of a possible significant increase in the chargeback rate, and Hubla detects a risk of a future increase), whether due to fraud or Buyer dissatisfaction, Hubla reserves the right to cancel and fully or partially refund sales in the Infoproducer's account, returning the money to Buyers, in order to avoid chargebacks.
5.18. Account Blocking. If the Infoproducer's registration account is blocked, the sales link(s) for the registered product(s) will be automatically disabled, and for this reason, the Infoproducer shall not be entitled to any right of indemnification or reimbursement.
5.18.1. Since Hubla assumes no responsibility for the Infoproducts offered by Infoproducers, the block will generally be maintained until (i) it is verified that the suspicious act or behavior does not constitute an illegal practice, based on Hubla's sole analysis and criteria; (ii) the parties involved reach a formal and amicable agreement to resolve the issue; or (iii) there is a court order or determination by administrative authorities that clearly identifies the non-compliant content or action, allowing for proper identification and the taking of necessary measures. If the illegality of the conduct is confirmed, the block will become permanent, and any amounts present in the Infoproducer's account will only be released to whoever is entitled to them and pursuant to a court order.
5.18.2. Absence of penalty. It is important to highlight that the aforementioned preventive block does not constitute a penalty for Infoproducers, but is rather a precautionary measure adopted exclusively to prevent damage, losses, or infringements of the rights of Infoproducers and third parties.
5.19. Financial Fraud. If Hubla suspects or detects signs that the Infoproducer is using methods to defraud the payment or tracking system, or any other fraud mechanism, Hubla reserves the right to immediately suspend access to the suspected Infoproducer's account and, if necessary, permanently block the account. The available balance in the Infoproducer's account may be, in whole or in part, refunded to Buyers to prevent potential chargebacks. In addition, Hubla may retain the balance as partial compensation for damages suffered or transfer it to aggrieved third parties, pursuant to a court order.
5.20. Regularization of Suspicious Transactions. In accordance with Payment Methods Market regulations, if the Infoproducer reaches a high percentage of suspicious or irregular Transactions, Hubla may suspend the Services or terminate this Instrument, without prejudice to demanding compensation for losses and damages incurred by Hubla.
5.21. Legal Actions. Hubla, Infoproducers, or aggrieved third parties may take appropriate legal action in the event of crimes or violations that affect them, or seek compensation for damages caused by breach of the Terms of Use. Hubla shall not be liable for indemnifying an Infoproducer who has been sued.
5.22. For any liability related to the Infoproduct (such as chargebacks, defective products, etc.), Hubla may, on a precautionary basis, withhold a sufficient balance from the account of the Infoproducer, Co-producer, or Affiliate to cover the damage claimed by third parties.
5.23. Precautionary Measure. If the Infoproducer's account does not have sufficient balance to cover the damage caused to Hubla or third parties and Hubla needs to take legal action to seek reimbursement, the Infoproducer agrees in advance to the granting of precautionary measures for the freezing and/or seizure of assets sufficient to cover the amount of the damage.
5.24. Maximum Period. As the Platform is intended for solutions for Infoproducers and Buyers, the Infoproducer is prohibited from diverting the purpose of features that allow receiving funds from the sale of Infoproducts. Therefore, an Infoproducer who is not actively offering Infoproducts is prohibited from maintaining an unchanged balance of funds on the Hubla Platform for more than 1 (one) year without activity, without prejudice to the provisions of Clause 5 and the measures set forth in this Clause.
5.25. Termination of the Relationship. Infoproducers and Affiliates agree that Hubla may, at its sole discretion, terminate the relationship with Infoproducers and Affiliates for reasons of lack of commercial interest. In the event of lack of commercial interest, Hubla will transfer the funds from the Infoproducer's account to another account designated by and held by the Infoproducer, withholding the amounts necessary to cover potential chargebacks from transactions already carried out.
5.25.1. For transactions processed in Brazil and outside Brazilian territory, in cases where the termination of the commercial relationship involves evidence of crimes, fraud, or serious violations of Hubla's Terms and Policies, Hubla may withhold the balance in the Creator's, Co-producer's, or Affiliate's Hubla account for up to 180 (one hundred and eighty) days, counted from the last payment processed by the Platform.
6. Prevention of Corruption, Money Laundering, and Terrorist Financing
6.1. Prevention of money laundering and terrorist financing. The Infoproducer undertakes to strictly comply with all rules regarding the prevention and combating of money laundering, concealment of assets, terrorist financing, and other relevant laws and regulations. In addition, it must effectively cooperate with authorities, regulatory and supervisory bodies, including consumer protection agencies, providing data and information when legally required, and adopting all necessary measures to prevent such unlawful practices.
6.2. Prevention policy. The Infoproducer declares and warrants that (i) it has a policy for the prevention and combating of crimes involving the concealment of assets, rights, and values, money laundering, and terrorist financing, in compliance with the provisions of Law 12,683, Law 9,613, Decree-Law 5,640, and Law 13,260, with all necessary precautions and protections adopted proportionally to its size and activity; (ii) it complies with all obligations established by the Council for Financial Activities Control – COAF and other competent authorities to which it may be subject; and (iii) it does not practice and will not practice any acts that may be considered money laundering or concealment of assets, rights, or values.
6.3. Prevention of Corruption and Bribery. The Infoproducer undertakes to strictly observe the rules on the prevention and combating of corruption provided for in Brazilian legislation, including, but not limited to, Law No. 12,846/2013 and Decree No. 11,129/2022, as well as other applicable anti-bribery and anti-corruption regulations.
6.4. Prevention Policy. The Infoproducer declares that it will not engage, directly or indirectly, in any act of bribery, defined as the promise, offer, or granting of an undue advantage to a public agent or third party, with the purpose of influencing decisions or obtaining unlawful advantages. It also undertakes not to practice corruption, understood as the act of offering or accepting any type of undue benefit that may compromise the integrity of commercial or institutional relations. The Infoproducer must guide its actions in accordance with ethical and legal principles, refraining from any conduct that may be characterized as corruption or bribery.
6.5. Duty to notify. The Infoproducer must notify Hubla immediately of any circumstance that may be linked to the concealment of assets, rights, or values, money laundering, or terrorist financing, and that may impact Hubla, whether directly or indirectly.
7. Fees
7.1. Tool linked to the Hubla Platform. Access to the Payment Tool, integrated with the Hubla Platform, is subject to a Fee, which is detailed at lp.hub.la/precos
8. Recurring Billing
8.1. Recurring billing. Hubla offers Infoproducers the option of recurring billing, a scheduled billing solution managed by the Platform's Payment Tool, under the terms of Topic 3 of this document. This feature allows the Buyer to access the Infoproduct for a specified period, as determined by the Infoproducer, through periodic payments.
8.1.1. Buyer's Consent. By completing the purchase and agreeing to the Platform's Terms of Use, the Buyer authorizes Hubla to make periodic debits related to the provision of the Infoproduct during the established periods. The Buyer acknowledges that, to enable recurring billing, Hubla may securely store the card details used for tokenization purposes, as described in Clause 3.4.1, including for the purposes of automatic access renewal and use of the fallback mechanism (Clause 3.4.2). After selecting this billing method, the Buyer may change the payment method, and the change will only take effect upon the renewal of the current billing cycle.
8.1.2. Responsibility for payment data. The Infoproducer is responsible for instructing the Buyer to keep the information for the selected payment method up to date. If Hubla is unable to process the recurring charge — including after attempting to charge via automatic fallback using the primary Card saved on the Platform — due to cancellation of the payment method or failure to update the data, access to the Infoproduct may be temporarily suspended until the situation is regularized.
8.1.3. Alerts to the Buyer. When opting for recurring billing, the Infoproducer must inform the Buyer in advance about the implications of not keeping payment details up to date, including any suspensions of access to the Infoproduct due to billing failure. It is also recommended that the Infoproducer make clear the renewable nature of the contracted access and the conditions applicable to automatic renewal.
8.2. Chargebacks and Refunds in Subscriptions. In the event of a chargeback request regarding a transaction carried out under the recurring billing model, the amount will be fully reversed to each card used, pursuant to Clause 3.4, and access to the Digital Product will be immediately removed. If the Buyer voluntarily requests a refund, the reversal will be carried out proportionally among the cards used in the original transaction, respecting the terms and criteria defined by the respective financial institutions and operators involved.
9. Accounts Receivable Financing
9.1. By signing this contract, you expressly, irrevocably, and irreversibly authorize the fiduciary assignment of part of your future receivables, strictly limited to the amounts necessary for the settlement of the obligations assumed under this contract, with such assignment being characterized as a direct and automatic effect of this contractual relationship.
9.1.1 You authorize Hubla, directly or through third parties designated by it, to perform the registration, consultation, reservation, blocking, and monitoring of your receivables with receivables registrars authorized by the Central Bank of Brazil, as well as before financial institutions, exclusively for the purposes of verification, guarantee, and fulfillment of the obligations set forth in this agreement. You declare unequivocal awareness that this authorization is an essential condition for the operation of the services provided by Hubla, acknowledging that the absence or revocation of this authorization renders the execution of the agreement infeasible.
9.1.2 You declare that the receivables are not previously assigned, encumbered, or committed to third parties in a way that prevents or limits the effectiveness of this assignment, committing not to perform acts that impair the priority or validity of the reservation made.
9.1.3 The assignment hereby authorized shall remain in effect as long as there are pending financial obligations under this agreement, terminating automatically upon their full settlement, without the need for additional notification.
9.2. Anticipation of receivables. By using Hubla, the Creator declares and agrees that Transactions will be processed exclusively through Hubla's Anticipation Solution for installment sales, minus the Fees applicable to Hubla.
9.2.1. The standard Early Payout Solution, for the D15 and D2 terms (boleto and Pix), is guaranteed. Any advance outside of these terms will be subject to a prior assessment, conducted by Hubla based on its own criteria, and Hubla may refuse the advance based on the Transactions carried out and the financial situation of the Info-producer. The approval of advances outside the standard terms is not guaranteed.
9.2.2. The Early Payout Solution will be carried out exclusively through the assignment of the Info-producer's existing receivables to Hubla. This will result in the irrevocable transfer of ownership of the receivables to Hubla, causing such receivables to cease being part of the Info-producer's equity or assets;
9.3. Advance of receivables through assignment of credit rights. Hubla may designate a third-party assignee, at its sole discretion, to assume the Advance Solution used by the Infoproducer, and this third party may include investment funds. With the assignment, ownership of the credit rights will be definitively transferred to the third party chosen by Hubla, and these rights will cease to be part of the Infoproducer's assets as of the confirmation of the advance of receivables request.
9.3.1. By using the Advance Payout Solution, the Infoproducer declares to understand and agree that Hubla may transfer the receivables from sales of Infoproducts made via credit card to partners that enable the advance operation, without Hubla assuming any joint liability.
9.4. Powers Granted by the Infoproducer to Hubla. The Infoproducer hereby appoints and constitutes Hubla as its attorney-in-fact, pursuant to Articles 653 et seq. of the Civil Code, granting it the necessary powers to manage the Receivables generated on the Hubla Platform. This includes the management of the receivables schedule, through assignment and/or other methods of credit disposal and/or conventional subrogation, pursuant to Article 347 of the Civil Code. Hubla is authorized to negotiate with Buyers and/or third parties the operations provided for advance payments and to subdelegate the powers granted by this clause to any contractor or third party, provided that it is for this purpose. The Infoproducer undertakes to obtain all necessary corporate authorizations to ensure the validity of this representation.
9.4.1. By registering on the Platform, the Infoproducer grants Hubla powers to manage and carry out all necessary actions related to Receivables, as described in this Clause.
The receipt of the amount paid by the Buyer;
The payment, on behalf of and for the account of the Infoproducer and/or Co-producer, of the commissions owed to the Affiliate by the Infoproducer and/or Co-producer, when applicable;
The deduction of the remuneration owed to Hubla for the use of its tools, as well as the retention of remuneration of third parties involved in the payment method chain hired on behalf of and for the account of the Infoproducer, to enable receipts on the Hubla Platform;
The payment of the net amount owed to the Infoproducer.
9.5. Provision of Information to the Purchasers of Receivables. By opting for the anticipation of receivables, the Infoproducer undertakes to provide all information requested by the assignees of the receivables, whether directly or through Hubla. This information may include personal data of the Infoproducer, information regarding commercial transactions conducted by the Infoproducer, and details of operations carried out by the Infoproducer on the Platform.
9.6. Price of Anticipation and Assignment. The assignment value will be determined based on various criteria, such as the amount to be assigned, the deadline for transferring the assigned receivables, among other factors.
9.7. Responsibility for Assigned Receivables. By using the Anticipation Solution, the Infoproducer acknowledges and agrees that it is responsible for the proper formalization, correct constitution, existence, liquidity, and validity of the assigned receivables, as well as for any chargebacks, debits, and cancellations related to these receivables. The Infoproducer declares that its receivables are free of encumbrances and restrictions for carrying out the transactions provided for in this agreement.
9.7.1. The Creator must reimburse Hubla and/or the third-party assignee in cases of: chargeback, debit, dispute, or cancellation of the assigned receivables.
9.7.2. Prohibition of Negotiating Receivables with Third Parties. By accepting Hubla's Terms, the Creator declares to be aware of and agrees that they cannot transfer, negotiate, or dispose of their rights to third parties, being restricted from assigning, selling, or offering such rights as collateral.
9.7.3. If the Creator negotiates the assigned receivables, actions may be taken such as: (a) withholding amounts already transferred or yet to be transferred to their account and (b) suspension of the Creator from the Platform.
10. Statement of Payment Methods Information (DIMP)
10.1. Sharing Information with Regulatory Bodies. Hubla, in compliance with legal requirements, shares sales and financial transaction information with the competent authorities, in accordance with applicable legislation, including the Declaration of Information on Means of Payment (DIMP), pursuant to the requirements of ICMS Agreement 134/2016.
10.1.1. The information sent to regulatory bodies includes, but is not limited to: transaction data (credit card, debit card, PIX, and other electronic payment methods), registration data of Producers (CPF/CNPJ, address), and details of the amounts transacted in operations carried out through the Platform.
10.1.2 Tax authorities may use this information to cross-reference data and verify compliance with Producers' tax obligations, comparing declared revenues and taxes collected.
10.2. Transaction Reporting and Cancellation Processing. Hubla reports, through DIMP, all financial transactions carried out through the Platform, covering both individuals and legal entities, even if they are not ICMS taxpayers.
10.2.1. Transactions are reported based on the date of sale, regardless of the existence of warranties or refund requests. If a transaction cancellation occurs, it will be reported in the statement for the month in which the cancellation was made.
10.2.2. The Infoproducer is responsible for keeping their registration data up to date on the Platform, including CPF/CNPJ and address, ensuring the accuracy of the information provided to the authorities.
11. Final Thoughts
11.1. The classification of the Product on the Platform is the sole and exclusive responsibility of the Creator at the time of Product registration, and may directly impact the assessment and payment of any applicable taxes. If Hubla is responsible for paying taxes, fails to do so due to an erroneous classification at the time of registration by the Creator, and the competent tax authority determines that the Product classification differs from what was reported, Hubla will collect the tax and may demand these amounts from the Creator through deductions from their Platform balance and/or other legal means, including any applicable fines and interest due.
11.2. The Info-producer and/or Creator declare they are aware that Hubla will comply with its legal and tax responsibilities and will report to the competent authorities regarding the sale of Products on the Platform, whenever the sharing of such information is necessary and/or required. Hubla may request additional information from Users if necessary to fulfill its tax obligations, including, but not limited to, company name, tax identification number, address, telephone number, email address, and bank account information.
11.3. Integral Part of the General Terms and Conditions of Use of Hubla. These Terms and Conditions of Use of the Hubla Tool form an integral part of the General Terms and Conditions of Use of Hubla, and all provisions set forth in those General Terms and Conditions apply to these Terms.
11.4. Prevalence of Terms. In the event of any conflict between the General Terms and Conditions of Use of Hubla and these Terms and Conditions of Use of the Hubla Tool, the latter shall prevail over the former.
11.5. Term. These Terms of Use shall have an indefinite term, commencing on the date any Service is contracted by the User.
11.6. Communication and Support Channels. For any questions related to the Platform, our team is available for customer service from 8:00 AM to 8:00 PM (Brasília time), Monday through Saturday. On Sundays and holidays, service is available from 10:00 AM to 8:00 PM (Brasília time), according to the calendar of the city of São Paulo/SP, through the following channels: support available on the Website and WhatsApp (+55 11 94044-0801).
11.6.1. As our support customer service utilizes artificial intelligence to provide answers and assistance to Users, these may vary in accuracy. In case of conflicting information or if you desire a more accurate response, it is recommended that you ask to speak with a human representative for further assistance
11.6.2. If 30 (thirty) days have elapsed since Hubla's support response and You have not replied, we will consider the ticket resolved and the support process will be closed.
11.7. Tolerance. Any failure or delay by either Party in enforcing compliance with any term or condition of this Agreement, or in exercising any provided right, shall not constitute a novation nor imply a waiver of the future ability to enforce the provisions set forth herein.
11.8. Successors and Assigns. The provisions of this Agreement bind and benefit the Parties and their respective successors and assigns. Neither Party may assign, delegate, or transfer any right or obligation arising from this Agreement without the prior knowledge of the other Party.
11.9. Severability. Each clause of this Agreement is independent and distinct. Whenever possible, clauses shall be interpreted in such a way as to make them valid and effective under applicable law. If any clause is deemed unlawful, it shall be judged separately and replaced by a lawful and similar clause that reflects the original intentions of the Parties. The remaining clauses shall remain in full force and effect.
11.10. Governing Law. This Agreement is governed by the laws of the Federative Republic of Brazil, particularly by Law No. 10,406/02 (Civil Code).
11.11. Jurisdiction: With respect to a dispute between a User and Hubla that is not related to a specific transaction on the Platform, the exclusive jurisdiction to litigate such dispute shall be the courts of the city of São Paulo/SP, Brazil, if the User resides and is domiciled in Brazil. Regarding any dispute related to a specific transaction on the Platform, the exclusive jurisdiction to litigate such dispute depends on the specific Hubla company that processed the relevant transaction. If the transaction was processed by Hubla BR, the exclusive jurisdiction shall be the courts of the city of São Paulo/SP, Brazil.
