Terms of Use

Terms and Conditions of Use – Members and Creators

HUBLA TECNOLOGIA LIMITADA, a private legal entity, registered with the CNPJ under No. 36.062.381/0001-80, headquartered at Rua Senador Cesar Lacerda Vergueiro, No. 380, 39th Subdistrict, Rooms 61 and 62, Sumarezinho, São Paulo, São Paulo, ZIP Code 05.435-010. Important: these Terms and Conditions of Use govern the use of this website made available by Hubla, by Members or Creators. By accessing this website, Members or Creators acknowledge their awareness of and agreement with these Terms and Conditions of Use, subject to the possibility of modifications at any time. The use of this website after such changes take effect constitutes your awareness of and agreement with the modifications. Therefore, please check the Terms of Use before each access to review any possible updates.

1. Who are we?

We are a digital platform that allows the Buyer to purchase directly from the Infoproducer a range of Infoproducts made available by them on our Platform.

Additionally, we provide various Services to the Infoproducer through the licensing of the use of our Platform, such as the management of Infoproducts, creation of a Members Area, Group Management, Checkout, among others.

We emphasize that HUBLA is not a party, intervening party, or guarantor of any relationship established between Users through the Platform, as we do not act as an agent or distributor of Infoproducts. Furthermore, Hubla guarantees that the platform and the users are completely independent of each other, having no relationship of subordination or employment, and are prohibited from representing, creating, or assuming any obligation on behalf of one another.

Therefore, we charge fees for licensing the use of the Platform and/or for making available the financial features existing within it, as specified in these Terms.

For more information about the Platform, who we are, and how we can help you, visit our portal: https://lp.hub.la.

2. Glossary

Hubla: Hubla Tecnologia Ltda, headquartered at Rua Senador Cesar Lacerda de Vergueiro, No. 380, 39th subdistrict, rooms 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 holding the intellectual property rights to the Infoproduct.

Buyer/Member: An individual or legal entity who purchases any Infoproduct on the Hubla Platform, offered by an Infoproducer.

Co-producer: Means the party who is a co-holder of the intellectual property rights to an Infoproduct together with the Creator.

Affiliate: One who joins an Affiliate Program of a Creator and/or Co-producer for the promotion and marketing of their Infoproduct, in exchange for financial compensation, provided that the sale is completed as a result of their proven actions for this purpose.  

User(s): Refers jointly to the Creator, Buyer, Co-producer, and Affiliate.

Infoproducer: Refers jointly to the Creator, Co-producer, and Affiliate.

Infoproduct: Any Content in digital format (whether in video, audio, text, images, photographs, etc.) made available by the Infoproducer for sale to the Buyer, via the Platform, in an organized manner, whether in courses, mentorships, consultancies, classes, software, services, e-books, advertisements, recommendations, classifieds, events, among others.

Platform: The digital environment in which the Hubla Platform is accessed via the internet, through the application or the website hub.la. On it, we make the Services available to the User, either directly or indirectly.

Personal Data: Any User data that identifies them, according to the meaning assigned in Law 13,709 (General Personal Data Protection Law – “LGPD”).

Bot: A set of algorithms developed by Hubla that communicate with Users via chat and other means, as well as process information sent by them.

Content: Intellectual and copyrighted work owned by the Creator and/or Co-producer, which is made available by the Infoproducer for sale to the Buyer, within the Platform and in an Infoproduct format.

Services: Any service provided by Hubla to the User through the Platform, which may include management/contracting of Infoproducts, Members Area, Group Management, and Checkout.

Members Area: A service providing online space by Hubla, where the Creator can upload their Content, under their sole responsibility, for access by the Buyer.

Group Management: A service through which the Creator will be able to charge the Buyer for spots in WhatsApp and Telegram group(s), as well as manage their groups and audience, via the Platform.

Checkout: A service provided by HUBLA on its Platform that enables the completion of a purchase on our Platform. Through it, the Member can review the items in their shopping cart, fill in their Personal Data, check amounts, choose the payment method, and complete the purchase of the Infoproduct.

Fees: Percentages charged by HUBLA to the Infoproducer, which will vary depending on the triggering event of the charge.

Product Value(s): Refers to the prices of the Infoproducts made available by the Infoproducers on the Platform.

Sale Value(s): Refers to the amount paid by the Buyer for the Infoproduct on the Platform, taking into account any discount coupons applied and the installment fee, where applicable. 

Net Value(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, according to the deadlines described in the topic “Withdrawal of Net Values”), discounts related to chargebacks, cancellations, retentions, withdrawals, remorse, refunds, deduction of amounts potentially owed to Co-producers, Affiliates, and others. 

Smart Installments: Consists of a payment method provided by HUBLA, in which the Buyer can split the total purchase amount made via the Platform into monthly installments, such that the full purchase amount is not deducted from their credit card limit. Thus, each month, the Buyer is charged on their credit card registered on the Platform only for the amount corresponding to one installment of the purchase. 

That is, if the total purchase amount is R$ 1,000.00 and the Buyer splits it into 10 (ten) installments, each month, for a period of 10 months, HUBLA will automatically charge the credit card the amount of R$ 100.00 (one hundred reais).

To make this method available to the Buyer, the Infoproducer must enable it beforehand on the Platform.

Transaction: Every purchase operation carried out on the Platform via Checkout.

3. Hubla Payment Tools

3.1. General Features

3.1.1. If you are a Creator or Co-producer, you will be (i) able to create and make your Digital Product available for access by the Buyer, through our Platform, (ii) able to create and make tickets available for events, through our Platform, (iii) post diverse Content in your Group or Member Area, (iv) carry out Group Management, (v) automate the entry and exit of group participants, through the use of HUBLA Bots, (vi) migrate groups that were not previously with HUBLA, (vii) create a sales page, and (viii) provide the Checkout Service to the Buyer;

3.1.2 If you are the Buyer, you may (i) purchase Digital Products, (ii) buy tickets to events, (iii) buy spots in WhatsApp and Telegram groups, and (iv) Use the Affiliate Program. If you are an Affiliate, you may join an Affiliate Program, if authorized by the respective Creator

3.2. Financial Transactions: HUBLA is a Sub-acquirer, that is, it is a participant in the payment scheme established by the card networks, acting as a facilitator in the process of enabling the Content Creator to accept payment instruments (credit cards, bank slip, Pix, etc.), process and settle Transactions, via the Platform. The Terms and Conditions of Use for this feature can be found at this link: https://lp.hub.la/termos/termos-de-pagamento, and the User is automatically bound to them upon accepting these Terms of Use;

3.3. Paid Integrations: HUBLA may make certain third-party software available for integration into the Hubla Platform. The Infoproducer will be eligible to use them solely and exclusively upon payment of the specific price, according to the package contracted directly with the integrated platform. It is important to emphasize that contracting and managing such third-party software is not the responsibility of HUBLA. 

3.4. Bots: The Platform uses Bots to remove any Buyers who do not belong to a Group and/or who are in default. According to the payment criteria defined by the Creator of a Group, the Bot will remove a Buyer from a given Group if the corresponding payment is not identified. HUBLA is not responsible for sales made outside the platform; therefore, in such cases, we do not have this information to assess whether or not a User should be removed for default. It will be solely up to the Creator to manually ensure the return and/or removal of the Buyer to the group, if deemed appropriate. In the event of inconsistency and/or failure in any service performed by Bots, Users hereby exempt HUBLA from any liability regarding the fact, with no indemnification whatsoever being due to them;

3.5. Smart Groups: The Infoproducer, or the person designated by them, will be responsible for creating, managing, and moderating Groups on WhatsApp, Telegram, or any other platform. It will be up to the Infoproducer to add and remove members, at their sole discretion. HUBLA has no control over the content shared or the behavior of members within these Groups, and the Infoproducer is solely responsible for moderation, including the removal of members who engage in inappropriate conduct, such as offenses, harassment, dissemination of pornographic content, or any other behavior that violates ethical or legal standards. HUBLA offers its services exclusively to support, automate, and assist the Creator in the management of the Group(s).

3.5.1. From the moment the User is added to the WhatsApp or Telegram groups, they must be mindful of the guidelines established by the administrators, and must follow the instructions provided in the community group.

3.5.2. The User must comply with the rules of good conduct described below, as failure to comply with the rules may result in the member's removal from the group: the User must be courteous and respectful to all community members; must avoid using offensive or discriminatory language; must keep discussions strictly related to the purpose of the groups; any issues or concerns must be directed to the Creator's support team for appropriate resolution; the User must respect the privacy of other community members; the User is prohibited from sending inappropriate content or spam; disagreements must be resolved peacefully and respectfully.

3.6. Content that is prohibited on the platform: Physical product: HUBLA only accepts digital products made available in electronic format, such as e-books, online courses, and others, with the sale of digital tickets for events also being permitted; Dangerous content: that encourages the User to engage in risky and dangerous behavior or that contains tutorials on performing dangerous activities; Violent or hateful content: that demonstrates, incites, or promotes violence, discrimination, or hatred, whether toward groups or individuals, based on any characteristic such as race, gender, ethnicity, religion, sexual orientation, social class, nationality, among others. Or that promotes threats, harassment, or intimidation; Illegal content: that incites the User to commit illegal acts, such as crimes, sale of illegal products, human trafficking, pedophilia, abuse, terrorism, or any other activities in violation of Brazilian Legislation; Content that violates personality rights: that contains information violating privacy, honor, image, name, or any other personality rights of third parties; Content that violates personal data privacy rights: disclosure of personal database lists whose disclosure was not authorized by their subjects, including image, voice, name, address, and telephone number, as well as any other data that violates the provisions of the LGPD; Content that violates copyright and/or intellectual/industrial property rights of third parties or HUBLA:  improper use of trademarks, patents, graphic designs, inventions, computer programs, projects, sketches, databases, illustrations, as well as any types of works that do not comply with Laws 9,279, 9,609, and 9,610; Sexual content and/or nudity: that encourages pornography or contains explicit representations of sexual acts or nudity, or is contrary to morality and good customs, involves minors, pedophilia, prostitution, or similar;

3.7. Content Guarantee by the Infoproducer: The Creator (and/or Co-producer) guarantees to be the sole and legitimate owner of all rights, including intellectual property and copyrights relating to the Content or that they hold the necessary authorizations to use it, in case the Content is not of their ownership, guaranteeing that there is no violation of any third-party rights;

3.8. Content Removal by Hubla: HUBLA is not responsible for message exchanges that occur within the content posted by Users. It is not HUBLA's obligation to evaluate all Content before or after its disclosure on the Platform. However, HUBLA reserves the right to monitor and remove any Content that it deems, at its sole discretion, inappropriate or in violation of these Terms of Use, without any prior notice to the User.

3.9. Content Plagiarism: Plagiarism is characterized by the partial or complete appropriation of content authored by another person, presenting it as if it were of one's own authorship. This practice is strictly prohibited on the Platform, being considered unethical and criminal conduct, pursuant to art. 184 of the Criminal Code.

3.9.1. The Infoproducer is solely responsible for the truthfulness, originality, and lawfulness of all content made available on the Hubla Platform. In the event of an infringement, the Infoproducer assumes full responsibility for the effects arising from such an act, including any damages to third parties and applicable legal consequences.

3.9.2. Procedure in Case of Plagiarism Complaints: In case of a plagiarism complaint, the Creator may file the complaint directly to the email legal@hub.la, providing all relevant information and documents to support the complaint, so that HUBLA will subsequently contact the reported party to notify them of the complaint received. The reported party will have a period of 7 (seven) days to resolve the matter, either by submitting their defense or arranging for the removal of the content in question. If, by the end of this period, the matter is not satisfactorily resolved, the platform may proceed with the suspension or removal of the reported content, as it deems appropriate.

3.10 Content/Infoproduct Transfer (Resale): The Creator hereby declares to be aware that the Transfer (Resale) of Content/Infoproducts through the Platform is strictly prohibited. If Hubla identifies any Infoproduct with this characteristic, it will remove it from the Platform, as well as cancel all sales already made, without the need for any prior notice to the Infoproducer. In the scenario described above, open invoices for the referred Infoproduct will be refunded and the Amounts available for withdrawal will be blocked in order to refund past sales that are already past the refund period, therefore, no Sales Amount will be due to the Infoproducer.

3.10.1. Procedure in Case of Transfer Report: In case of a transfer report, the Creator may register the complaint directly via email at legal@hub.la, providing all relevant information and documents to substantiate the report, so that HUBLA, subsequently, will contact the reported party informing them of the report received. The reported party will have a period of 7 (seven) days to resolve the demand, either by presenting their defense or arranging for the removal of the questioned content. If, at the end of this period, the issue is not satisfactorily resolved, the platform may proceed with the suspension or removal of the reported content, as it deems appropriate.

3.11. Violation of Copyright, Industrial Property and/or Plagiarism (Third-Party Rights): Please note that HUBLA respects intellectual property, copyright, and any third-party rights; therefore, we ask that you do the same. Upon receiving any complaint, communication, or notification, whether on the platform itself or through other official means of communication, regarding violation of intellectual property, copyright, and any third-party rights, whether related to content, trademarks, works, and others, concerning any content made available in infoproducts or even on sales pages, groups, members areas, and others, HUBLA will adopt the procedure of, upon receiving the report by email at legal@hub.la, sending an email to the reported party, informing them of the report received. The reported party will have a period of 7 (seven) days to resolve the demand, either by presenting their defense or arranging for the removal of the questioned content. If, at the end of this period, the issue is not satisfactorily resolved, the platform may proceed with the suspension or removal of the reported content until the infringing user proves they have obtained authorization for its distribution, whether through an amicable or judicial resolution, without prejudice to the application of the previously mentioned sanctions, as it deems appropriate. 

3.12 Complaints regarding violation of Copyright, Industrial Property, and/or Plagiarism (Third-Party Rights): Identified a violation of third-party rights on our Platform? Initially, notify the Infringer directly, attaching all documents that prove your ownership of the right that is allegedly being violated, requesting the removal of the Content or the adoption of the measure you deem appropriate at the time. Was the case not positively resolved between the Parties? Notify HUBLA via email (legal@hub.la) regarding the infringement, together with all documents proving your ownership of the right being violated and who is violating it, and indicate the URL where the Content in question is hosted on our Platform.

3.13 HUBLA's internal procedure for investigating cases of violation of Third-Party Rights: After being expressly notified by the Injured party, HUBLA will review the complaint and, if it deems it plausible, provided that the Injured party has supplied sufficient evidence regarding the violation of the right, it may adopt the measures described below: 

  • Send a prior warning to the Infringer regarding the complaint received about the fact;

  • Prevent the contested Content from being made available on the Platform or even delete it without the need for prior notice to the Infringer;

  • Immediately block any amounts that the Infringer may have available for withdrawal, until the infringement ceases;

  • Suspend the infringing User's access to the Platform; and/or

  • Cancel the Infringer's account on our Platform.

3.13.1 If the measure adopted by HUBLA does not satisfy the interests of the Aggrieved party, considering that we are not responsible for the commission of the violation by the Infringer, the Aggrieved party must take the measures it deems appropriate against the Infringing User, independently;

3.14. Obligation of the Infringing User to defend HUBLA: The Infringing User shall defend HUBLA in any claims or demands, whether judicial or not, brought against it and in which a violation of applicable legislation is alleged (in all countries where the Content is made available) or of intellectual property rights or any other type of third-party rights resulting from the improper use or dissemination of the Content by the Infringing User. The latter also undertakes to indemnify HUBLA for all losses, damages, costs, and expenses (including attorneys' fees and court costs) arising from the aforementioned claims, within 48 business hours from the date of receipt of the Collection Notice sent by HUBLA.

4. Initial Provisions

4.1. To use the Hubla Platform, you must read and accept the rules written in this document;

4.2. By accepting them, you declare that you have read and understood all the rights and obligations described herein, as well as the other documents and policies of HUBLA, made available on our website and which are an integral part of these Terms and Conditions of Use;

4.3. By accepting these Terms, you declare that you are fully capable under Brazilian law;

4.4. You also agree to the collection, transfer, storage, custody, processing, and use of your Personal Data for the provision of the contracted Services;

4.5. You must read these Terms carefully, and if you have any questions, contact us through our Communication Channels;

4.6. This document may undergo changes, whether due to legal or strategic reasons of Hubla, but whenever this occurs, we will notify you by email or other means, so that you can decide whether you wish to continue with us;

4.7. When using our Platform, you must register, through which you will provide us with some Personal Data. Fill it out properly by providing us with truthful information and in good faith. Any and all information provided to us during registration is your sole and exclusive responsibility;

4.8. You are solely responsible for your access credentials and for all activities carried out on your account on the Platform. Therefore, HUBLA shall not be held liable for any damages resulting from the use of your account by you or by third parties who may use it (with or without your authorization). It is your obligation to keep your account login and password confidential and not share them with third parties;

4.9. It is recommended that the User only use and access the website in their own name, in order to protect their data and prevent unauthorized requests. Therefore, it is recommended that the User does not share their data and/or let anyone access the website in their name and with their data;

4.10. The User may only use this website for the purposes expressly permitted herein and within the criteria required by law;

4.11. You agree to receive text messages, emails, and phone calls (from us or from our third-party service providers) containing codes to authenticate, register, and validate Transactions in our Services;

4.12. To make use of certain features of the Platform, you must provide us with bank account details for the deposit of any revenue and/or credit card number and/or PIX for billing purposes. Furthermore, you must also undergo the address verification procedure directly on the Platform by submitting requested documents, such as utility bills and an identification document (KYC – Know Your Customer), which will be treated confidentially by HUBLA;

4.13. The Digital Products available on the Platform are provided exclusively by the Creators. In this regard, HUBLA is not responsible for the results, suitability for any purpose intended by the Buyer, nor for the veracity and quality of the information contained therein; such judgment must be made by the Buyer at the time of purchase and throughout the use of the Digital Product. Under no circumstances may the Creator insinuate that their Content is in any way sponsored, recommended, or that HUBLA participated in its dissemination;

4.14. Users who in any way utter insults, curses, and/or any discriminatory treatment toward HUBLA employees, creators, and/or one another, may at any time have their Platform accounts suspended and registrations blocked indefinitely.

4.14.1 The User, therefore, must adhere to standards of conduct on the Platform and the Internet, refraining from: (i) violating the privacy of other users; (ii) allowing other people to use their access to the virtual environment; (iii) using any site hacking technique that breaches the security of the training environment and related sites; (iv) knowingly acting to destroy files or programs in the training environment and related sites; (v) using the names and email addresses of course participants for commercial purposes; (vi) sending messages that may be considered obscene and outside ethical standards and good manners.

4.14.2 The User will value politeness and common sense in all behaviors, treatments, and interactions with HUBLA and its platform, other users, and third parties who have access to the site.

4.14.3. For the purposes of this provision, the following acts are considered outside the standards of politeness and common sense: Expressions and sharing of illegal, obscene, spam, privacy-invasive, libelous, abusive, or defamatory content; Expressions and sharing of content that infringes any copyright, industrial property rights, intellectual property rights, and related rights; Expressions and sharing of political ideology content, whether political-party campaigns or advertising materials; Expressions and sharing of content from HUBLA's competitors; and sharing programming code designed to interfere with the functionality of any computer systems or internet networks, email, installed software, and others, especially viruses. 

4.14.4 A breach of this provision will result in penalties for the User, ranging from blocking the message to banning the User from the site, to be applied based on HUBLA's analysis.

4.15. The use of the Service does not create any type of employment, agency, or representation relationship between any Users and HUBLA; 

4.16. The Platform will be constantly improved by HUBLA, at our convenience and necessity, and temporary suspension of the Services may even occur due to updates, maintenance, or corrections carried out by HUBLA. Please note that as owners of the Platform, we may cease updating it or even discontinue it at any time. All modifications, improvements, and corrections made will be subject to these Terms.

5. Who Cannot Use Hubla's Services

5.1 You are under 18 years old (or below the legal minimum age in your country to use the Platform), in the event that your legal representative does not accept this instrument and our other Policies;

5.2. HUBLA has previously disabled your account for violations of our terms or policies;

5.3. You use the Services in violation of these Terms and other Hubla Policies.

6. Provisions Applicable to Consumers

6.1. What can you do on our platform? The Buyer may purchase and/or subscribe to the Digital Product, according to the options made available by the Digital Product Creator. The amounts and the duration of access will be detailed on the Platform and accessible to the Buyer at the time of purchase and/or subscription.

6.2. Contracting a Digital Product by Subscription: The charge relating to the subscription amount will be automatically made to your credit card on a monthly, quarterly, semi-annual, or annual basis, depending on the option chosen on the Platform at the time of the Transaction.

6.3. Automatic Renewal of the Digital Product Subscription: Upon completion of the payment of all purchase installments, whether fulfilled consecutively or not, HUBLA will automatically renew your Subscription. This renewal will occur under the same terms as the original purchase, that is, with the charge of the full amount on the credit card or through Smart Installments.

6.3.1. Card Tokenization: In order to optimize the purchasing and subscription renewal experience, HUBLA will securely store the data of Buyers' Cards for tokenization purposes, in compliance with applicable legislation and security standards required by the industry. The Buyer may select a Card that will be set as primary, which will be saved on the Platform and used on a priority basis in future automatic transactions.

6.3.2. Automatic Fallback: The primary Card saved on the Platform will automatically be used as a fallback mechanism in the following situations: (i) subscription renewal attempts in which 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 situations of default. The fallback feature aims to mitigate interruptions in access to the purchased Infoproduct or service.

6.4. Smart Installments: The Buyer must be aware that, in the event of an unsuccessful charge, HUBLA will automatically trigger the “Smart Installments” (if this modality is enabled for the respective Infoproduct), whether on the initial purchase or in the event of a renewal, in order to facilitate the completion of the purchase.

6.4.1. 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 respected. In such cases, the first Card entered at the time of checkout will automatically be defined as the primary Card and used for future renewals, including for fallback purposes as provided for in Clause 6.3.2.

6.5. Payment Methods: Payment regarding the purchase and/or subscription of an Infoproduct will be made on our Platform, via credit card, bank slip (boleto bancário), and/or PIX. Depending on the payment method You choose, the fees due in each case will be automatically applied, which will be informed to You at the time of the transaction and must be paid by You. HUBLA has no liability whatsoever if the credit card transaction is not completed and/or approved by your card issuer.

6.5.1. Nature of the Hubla Payment Tool: The Hubla Payment Tool is not intended to provide services offered by financial institutions or credit card administrators and acquirers. The Hubla Payment Tool acts exclusively as a facilitator of payment transactions, with payments being made on behalf of and for the account of Users. The Hubla Payment Tool is not a financial institution and does not execute credit operations directly.

6.6. Default of Payments: If the Buyer is in default, they will be excluded from the respective Infoproduct and their access will be suspended. After confirmation of payment of overdue amounts, HUBLA has a period of 7 (seven) calendar days to re-include the Buyer in the Infoproduct and restore access.

6.7. Buyer's Right of Withdrawal (art. 49 of the Consumer Defense Code):
If the Buyer regrets the Transaction within up to 7 (seven) calendar days from the date of its confirmation, provided that they have not used and/or consumed the contracted Infoproduct, they may request the cancellation of the purchase via the link hub.la/refund.

6.8. Refund Deadlines in case of exercising the Right of Withdrawal:
Amounts paid will be refunded to the Buyer, depending on the payment method, according to the deadlines below:

  • Credit card: the refund will be processed automatically by HUBLA upon approval, and may take up to two billing cycles to appear for the user, depending on the card issuer.

  • Bank slip (boleto): the refund will be issued after approval, upon registering a bank account on the Platform and contacting support.

  • PIX: the amount will be returned to the same PIX Key used for payment, with timeframes depending on the financial institution.

6.8.1. Chargeback and Proportional Refund: If the Buyer requests a chargeback from the card issuer, the transaction amount will be refunded in full, on an individualized basis, to each card used in the purchase, in accordance with the criteria of the respective card networks and issuers. In such cases, access to the Infoproduct will be automatically removed and/or suspended by the Platform, without prior notice.
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 actually paid on each. Hubla may mediate the refund process without, however, guaranteeing specific timeframes for completion, due to the involvement of third parties.

6.9. How to cancel a Purchase or Subscription at any time?
Once the period for exercising the Right of Withdrawal has elapsed, should the Buyer wish to cancel the contracted service, they must submit the request via the website hub.la/user_groups.

6.10. No refund in the event of cancellation of a Purchase or Subscription after the Right of Withdrawal or Warranty period: HUBLA will not refund any amounts that have already been paid by the Buyer up to the time of cancellation. For purchases made in installments by credit card or subscriptions with a predetermined term (quarterly, semi-annually, annually, etc.), charges will not be canceled immediately, remaining active until the originally established expiration date. The Buyer declares to be aware that HUBLA will not issue refunds (i) in the event of a subscription renewal and/or (ii) starting from the second purchase of the same Digital Product.

6.11. Access to content after the cancellation request: In the event of a cancellation request for a Purchase or Subscription, the Buyer will lose access to the respective Purchase or Subscription subject to the cancellation request, unless the cancellation request is limited to automatic renewal, in which case the Buyer will retain access for the acquired period of the Purchase or Subscription and, at the end of the term, will lose access.

6.12. Event tickets: Event tickets are registered on the Platform by the Digital Producer and/or Co-producer under their sole responsibility, such that the refund rules for amounts paid in the event of withdrawal will be defined by the Digital Producer and/or Co-producer themselves.

6.12.1. The Infoproducer and/or Co-producer, in some cases, will only issue a refund if the request made by the Buyer is within seven days from the date of the ticket purchase, and at least 48 hours in advance of the event start time. Therefore, carefully read the policies and rules of the events made available by the Infoproducer and/or Co-producer.
6.12.2. Ticket purchase refund requests will not be authorized on the day of the event or after check-in has been completed by the Buyer.
6.12.3. If the Buyer chooses to exchange the purchased ticket for a ticket with different conditions from the one originally purchased, the refund period will continue to count from the date of purchase of the first ticket acquired.

  1. Provisions Applicable to the Creator, Co-producer, and Affiliate

7.1. Description of Fees charged by HUBLA: For the licensing of the Platform to use the Members Area services, the Infoproducer will pay HUBLA a fixed percentage for each sale made within the Platform and a specific amount for each transaction processed, it being understood that the indication of such amounts and percentages will be clearly shown on the Platform's home page and in the Content Creator user's financial tab. 

7.2. For the licensing of the Platform to use the Group Management service, the Infoproducer will pay HUBLA a specific amount for each invoice issued to a Buyer and paid by them for access to the Infoproduct (“Group Fee”), together with both amounts stated above, it being understood that the indication of such amounts and percentages will be clearly shown on the Platform's home page and in the Content Creator user's financial tab. 

7.3. Withdrawal of Net Amounts: The Infoproducer may withdraw the amount related to a sale:

  • After 15 (fifteen) days, if the sale was made by credit card;

  • After 2 (two) days, starting from the clearance date of the sale, if it was made via bank slip or Pix.  

7.4. To carry out the transfer of the Net Amount to their checking account, a withdrawal fee will apply, which will be informed by HUBLA at the time of the transfer (“Withdrawal Fee”);

7.5. Change of Receipt Flow: Hubla may, at its sole discretion, allow the Infoproducer to change the receipt flow of Net Amounts, should they wish to receive them under conditions different from those described in the topic “Withdrawal of Net Amount”. In this case, there will be a change in the applied fee, which will be negotiated between the parties. In addition, the percentage of the reserve balance amount (“cushion”) may be adjusted at Hubla's sole discretion, considering the increased risk associated with changing the receipt flow.

7.6. Blocking of the Net Amount: HUBLA may withhold or block, on a temporary and/or permanent basis, the withdrawal of the Net Amount to the Infoproducer:

  • In case of suspected fraud, improper use of the Platform, assignment of receivables as collateral to any financial institution, set-offs, pre-chargeback alerts, chargebacks, refunds, and/or other possible risks to HUBLA's operation, at its sole and exclusive discretion;

  • In the event of fraud or suspected fraud, chargebacks, reversals, etc., arising from acts and/or facts originating from any of the Infoproducts made available on the Platform by the Infoproducer and/or attributed to a Buyer of such Infoproduct, with the Infoproducer being solely and exclusively responsible for bearing such costs, which may be automatically withheld by HUBLA, without prior notice, from any Net Amounts that are available and/or become available in the Infoproducer's account;

  • Infringement of Copyright, Industrial Property, and/or Plagiarism of Third-Party Content (“Third-Party Rights”);

  • HUBLA may also temporarily block the Infoproducer's sales until their chargeback rate normalizes, the maximum rate accepted by HUBLA being 1% of the Total Amount sold by the respective Infoproducer;

  • In the event of dissemination by the Infoproducer of the type of Content described in the topic “On our Platform, we will not allow the availability of the Content listed herein”, of these Terms;

  •    In the event that HUBLA suffers any type of withholdings, reversals, and/or imposition of fines by the online payment tool and/or makes any type of payment to the latter, which are attributable to acts of the Infoproducer and/or the Buyer.

7.7. Taxes and Invoice Issuance: All taxes due as a result of the Services provided will be the responsibility of the party defined as the taxpayer by current legislation. 

  • HUBLA is not responsible for any decisions made by the Infoproducer regarding tax issues involved in their sales via the Platform, as well as regarding the payment of the taxes themselves.

  • HUBLA will issue monthly the due Invoice only to the Infoproducer and/or Co-producer, which refers to the percentage withheld by HUBLA as HUBLA Fees, in the respective month.

7.8. The Invoice relating to the purchase made by the Buyer will be issued by the Infoproducer. Buyer's Right of Regret (art. 49 of the Consumer Defense Code): The Buyer may exercise their right of regret for the purchase made on the Platform within up to 7 (seven) calendar days from the date of the sale. In this case, HUBLA will not transfer any amount to the Infoproducer, considering that the refund will be made to the Buyer. It is important to emphasize that, in the event of a subscription renewal, there will be no automatic refund. Infoproduct warranty period: Regardless of the period stated in the topic “Buyer's Right of Regret (art. 49 of the Consumer Defense Code)” above, the Infoproducer, at their sole discretion and expense, may offer the Infoproduct with a warranty period longer than that set forth in the CDC.

7.9. Prohibition of independent and autonomous sales by the Infoproducer: HUBLA will not accept requests from the Infoproducer to include Buyers for access to their Infoproducts, if such Buyers have not acquired such access through the Hubla Platform.

7.10 Provisions applicable to Affiliates: After approval of affiliation by the platform, the relationship between the Affiliate and the Infoproducer is the sole responsibility of the Infoproducer. It is up to the Infoproducer to define the terms of the partnership, the products that can be promoted by the Affiliate, and the applicable payout percentage.

7.10.1. Affiliation Permission: The Infoproducer may grant permission to the Affiliate in two ways: (1) through self-service enablement on the platform or (2) by sending specific enablement links.

7.10.2. Payment to the Affiliate: Payment due to the Affiliate is carried out by the platform, acting for and on behalf of the Infoproducer, such that the Affiliate shall be responsible for issuing an invoice directly to the Infoproducer. The amount paid to the Affiliate corresponds to a portion of the Infoproducer's Net Amount, in accordance with the terms established between both parties.

7.10.3. Invoices: It is the Affiliate's responsibility to issue a proper invoice, in the respective amount received, in favor of the Infoproducer, and HUBLA may request tax documents to make payment through the platform or for auditing purposes.

7.10.4. Responsibility for the Affiliate: The Infoproducer is fully responsible for the actions of the Affiliates from the moment of approval, such that engaging in improper conduct and acts contrary to these Terms and Conditions of Use may result in the application of penalties by HUBLA.

7.10.5. Cancellation: HUBLA reserves the right to cancel the affiliation through the platform in the event of suspected fraud.

7.11. Smart Installments: Once the Infoproducer has enabled "Smart Installments", it will be executed automatically whenever the Buyer's credit card does not have sufficient credit for the approval of the full purchase amount.

7.12. How to cancel the Services? You may cancel the use of our Services at any time, provided that prior electronic notice is given to your Buyers and to HUBLA.

7.12.1. If You have a Partnership Agreement signed with us, be aware that a penalty may apply in the event of termination of these Terms of Use by You, as described in the referred Agreement.

7.12.2. If for any reason you have active Digital Products and decide to discontinue them with HUBLA, be aware that You will be solely and fully responsible for any refunds due to your Buyers who have purchased access to the respective Digital Product for a period longer than the date on which You decided to discontinue it.

7.13. Costs and Responsibility for Events: It shall be solely and exclusively the responsibility of the Info-producer and/or Co-producer, as the organizer of the event with tickets offered on the Platform, to bear all costs and liabilities related to the refund of all Buyers, whether due to a request made within the timeframe informed to Buyers in the event's policy and rules, or when the event is not held or does not occur as offered. HUBLA reserves the right of recourse against the Info-producer and/or Co-producer for any amounts it must incur as a result of actions by Buyers, whether complaints or administrative, extrajudicial, or judicial proceedings. Taxes on event tickets shall apply according to the rules and regulations of the country where the event takes place, and the Info-producer and/or Co-producer undertakes to comply with all applicable municipal, state, and/or federal regulations.

7.13.1. HUBLA reserves the right of recourse against the Infoproducer and/or Co-producer for any amounts that it may have to bear as a result of actions by Buyers, whether complaints or administrative, extrajudicial, or judicial proceedings. 

7.13.2. Taxes regarding tickets for events will apply according to the rules and regulations of the country where the event takes place, with the Infoproducer and/or Co-producer undertaking to comply with all applicable municipal, state, and/or federal regulations.

  1. Warranty and Limitation of Liability

8.1. HUBLA continuously works to provide the Platform to the User; however, it is licensed on an "as is" basis, without any warranty that it will be error-free, or will operate without interruptions, delays, or imperfections. Accordingly, our liability is limited to the maximum extent permitted by applicable law.

8.2. In addition to the provisions of this Agreement, HUBLA shall not be liable under any circumstances, including on a joint or subsidiary basis, for:

  • The inclusion of false, inconsistent, inaccurate, incomplete information, or information that leads to any error, misjudgment, or decision-making that causes harm to the User or third parties, given that all Content available on the Platform is entered by the Users themselves;

  • Problems in the physical and/or logical network of Users;

  • Any losses and damages, lost profits, or direct damages whose causes may be attributed, directly or indirectly, to the provision, use, or performance of the Platform, including, but not limited to, cases of inconsistencies and/or failures occurring in the operation of Bots, Checkout tools, and payment processing;

  • Cases of fortuitous events or force majeure;

  • Damages resulting from technical difficulties or failures in systems, servers, cloud, or the internet;

  • Suspension or shutdown of the WhatsApp and Telegram platforms by third parties, due to reasons beyond HUBLA's control;

  • Issuance of Invoices by the Infoproducer, including via tools integrated with the HUBLA Platform, that do not comply with applicable legal rules and/or contain incorrect and/or inappropriate data, given that HUBLA has no management or control over such issuances;

  • Any outcome arising from the integration of the HUBLA Platform with other platforms;

  • The truthfulness, suitability, availability, accuracy, or quality of products and services referred via the Platform by any User, as the use of and reliance placed upon them is the sole and exclusive responsibility of the Infoproducer and the Buyer;

  • Therefore, the party responsible for such dissemination shall bear all burdens and damages of any nature, whether civil or criminal, potentially caused to third parties, obligating itself to indemnify HUBLA or any aggrieved third party;

  • Any failure in the transmission or reception of data, business interruption (including our business!), loss of business, profits, revenue, information, or data, or for any indirect, special, incidental, consequential, exemplary, or punitive damages arising out of or related to this Agreement or the Platform itself, even if we have been advised of the possibility of such damages.

  1. Intellectual Property, Use, and Improvements to the Hubla Platform

9.1. Applicable Law: This Agreement, the Services, and the HUBLA Platform are governed by the provisions of Law 9,279/96, Law 9,609/98, and Law 9,610/98, with violators being subject to the penalties for the crimes provided for in these laws, without prejudice to civil liability for damages caused by any violation of HUBLA's rights;

9.2. Temporary License for Use: You understand and agree that the Services offered are the property of HUBLA and are protected by intellectual property rights. Therefore, HUBLA will grant, on a non-exclusive and non-transferable basis, licenses to use software owned by or licensed to HUBLA, as part of the Services;

9.3. Restrictions on the Use of the Platform: You are expressly prohibited from carrying out any procedure that involves: 

  • Reverse engineering, decompiling, disassembling, translating, adapting, expanding, and/or modifying the Services, platforms, and software owned by or licensed to HUBLA, or any other conduct that enables access to its source code;

  • Copying, assigning, sublicensing, selling, leasing, or pledging as security, reproducing, donating, disposing of in any way, transferring in whole or in part, under any modalities, free of charge or for a fee, provisionally or permanently, the Platform and/or the Services, as well as their modules, parts, or any information related thereto; 

  • Creation of derivative works from the Platform, provided that the reservation of rights notices existing on the Services, platforms, and software owned by or licensed to HUBLA may not be destroyed, concealed, or altered.

9.3.1 HUBLA is open to receiving suggestions from You for improvements to the Platform; however, we reserve the right to evaluate such suggestions and do not hold ourselves responsible for or obligated to implement them. 

9.3.2. Should we accept them, any and all property rights over such additions or improvements will belong to HUBLA. 

9.3.3. You will have access, regardless of any request, to operational improvements, bug fixes, and/or new features of the Platform that may eventually be developed/implemented by us.

9.4. The User may not (and may not authorize third parties to): (i) associate HUBLA's brand with any other, or (ii) frame this website on another website, or (iii) use the website for any other purpose, including commercial purposes, without the prior express and written consent of HUBLA's legal representative, or (iv) create a hyperlink to this website without the express, prior, and written authorization of HUBLA's legal representative.

9.5. For the purposes of this Agreement, "associating the brand" is considered the act of displaying a name, logo, trademark, or other means of attribution or identification from a source, in a manner that gives a third party the impression that such source has the right to display, publish, or distribute this website or the content made available by the User. The User agrees to cooperate to immediately cease any unauthorized association, framing, or hyperlinking.

  1. Final Thoughts

10.1. Term of these Terms of Use: Indefinite period, counting from the date of contracting of any Service by the User.

10.2. Licensing of the Use of Image, Name, Voice, and Copyrights: Users expressly authorize HUBLA to use and broadcast their image, name, and voice through any and all vehicles, processes, or means of communication and advertising, as well as in any institutional documents, banners, magazines, television and radio programs, websites, panels, videos, diverse materials, digital platforms, social networks, and any other means of communication and/or publication that may be created, which are used as dissemination vehicles by HUBLA, without the need for prior notice.

10.3. Termination by the User: Use our communication channels to request cancellation so that your account may be deactivated and your data anonymized.

10.4. Termination by Hubla: HUBLA may cancel your account at any time, without prior notice, if it believes that you have violated these Terms of Use, without this entitling you to any reimbursement or compensation. Upon the cancellation of your account, these Terms shall be terminated, with the User being liable for any losses and damages they cause.

10.5. News: By using the Platform, we may send you announcements, marketing communications, administrative messages, and other information that we deem relevant to you, all in accordance with our Privacy Policy. However, if you no longer wish to receive them, you may opt out simply by contacting us through the channels indicated at the end of these Terms.

10.6. Communication and Support Channels: If you need to clarify any questions you may have regarding the Platform, we are available to assist you from 8:00 AM to 8:00 PM (Brasília time), Monday through Friday, and on Saturdays, Sundays, and holidays from 10:00 AM to 8:00 PM (Brasília time), according to the calendar and time zone of the city of São Paulo/SP, through the following contacts: support available on the Website and WhatsApp (+55 11 94044-0801). Since our support service uses 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 precise answer, it is recommended that you ask to speak with a human representative for additional assistance. Once 7 (seven) days have passed after Hubla's support reply and You have not responded, we will consider the ticket resolved and the support process will be closed.

10.7. Processing of Personal Data: For the purposes of providing the Services, the User shall be the Data Controller and HUBLA the Data Processor, in accordance with the definitions set forth in the LGPD. For more information, please consult our Privacy Policy.

10.8. Confidentiality: HUBLA and the User are obliged to maintain secrecy and not disclose to third parties, under any circumstances, information arising from our Services. Thus, each of us will treat information brought to our knowledge by the other Party as strictly confidential and will only use it within the scope of the services agreed herein. "Confidential Information" means all proprietary information of one of the Parties ("Disclosing Party") disclosed to the other Party ("Receiving Party"), verbally or in writing, that is designated as confidential or that reasonably should be considered confidential given the nature of the information, especially regarding information provided by the User at the time of registration or thereafter, which will be used for the purposes of these Terms. Each Party agrees to protect the confidentiality of the other Party's Confidential Information in the same manner that it protects the confidentiality of its own proprietary and confidential information of a like kind.

10.9. Waiver: Any omission or delay by either Party in enforcing compliance with any term or condition of these Terms by the other Party or in exercising any right provided herein shall not constitute a novation nor imply a waiver of the future right to enforce compliance therewith.

10.10. Successors and Assigns: The provisions of these Terms shall bind and inure to the benefit of the Parties and their respective successors and assigns. It is understood that neither Party may assign, delegate, or otherwise transfer any of its rights or obligations under these Terms without the prior awareness of the other Party.

10.11. Severability: Each clause of these Terms constitutes an independent and distinct commitment or provision. Whenever possible, these shall be interpreted in such a way as to become valid and effective under applicable law. If any clause is deemed unlawful, it shall be evaluated separately from the rest of the Terms and replaced with another lawful and similar clause that reflects the original intentions of the Parties. All other clauses shall remain in full force and effect.

10.12. Applicable Law: Laws of the Federative Republic of Brazil, in particular Law 10.406/02 (Civil Code).

10.13. Jurisdiction: São Paulo/SP.

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