Termos de Uso
Payment terms and conditions — Buyers
Parties, Scope, and Applicability
1.1 Identity of Hubla US, Inc.
Hubla US, Inc. is a corporation duly organized and existing under the laws of Delaware, United States of America, with registered address at Corporation Trust Center, 1209 Orange Street, Wilmington, Delaware, 19801, and principal business operations directed to serving international users of the Hubla platform ("Hubla US", "we", "us", or "our"). Hubla US is an affiliate of Hubla Tecnologia Limitada, a Brazilian entity (CNPJ 36.062.381/0001-80) ("Hubla BR").
1.2 Scope: When These Terms Apply
These Payment Terms and Conditions for Buyers ("Terms") apply exclusively to all transactions processed by Hubla US through its international acquiring and payment processing arrangements. As a general routing rule, a transaction will be so processed where the payment currency is other than Brazilian Reais (BRL) and/or the Buyer is domiciled outside Brazil, as determined by the Platform's routing criteria published from time to time ("International Transactions"). For transactions processed in Brazil in BRL, the Brazilian Payment Terms and Conditions of Hubla BR apply exclusively.
1.3 Prevalence of These Terms
For any International Transaction, these Terms prevail over the Brazilian Payment Terms and Conditions in the event of conflict. Use of the Platform for International Transactions constitutes full acceptance of these Terms by the Buyer.
1.4 Binding Effect
Access to and use of the Platform for International Transactions is conditioned upon compliance with these Terms. Use of the Platform constitutes acknowledgment that these Terms have been read, understood, and agreed to. Buyers who do not agree to these Terms may not use the Platform for International Transactions.
Hubla US as Merchant of Record
2.1 MoR Declaration
Hubla US acts as the Merchant of Record ("MoR") for all International Transactions. This means that Hubla US is the legal entity that enters into the sale contract with the Buyer, appears as the merchant in payment network records, processes and settles the payment, and assumes all responsibilities attendant to that role.
2.2 Transaction Structure
The commercial structure for each International Transaction is as follows: (a) the Buyer places an order on the Platform to acquire an Infoproduct; (b) Hubla US commercializes the corresponding Infoproduct to the Buyer as principal, based on the rights granted by the Creator to Hubla US to act as Merchant of Record. Accordingly, the binding sale contract for the Infoproduct is formed between Hubla US and the Buyer — not between the Creator and the Buyer. The end-user license to use the Infoproduct content is granted by the Creator directly to the Buyer, as further described in Section 2.4.
2.3 What MoR Status Means in Practice
As MoR, Hubla US:
Appears as the merchant name on the Buyer's payment statement, card invoice, and all payment network records;
Holds the merchant account and merchant ID (MID) registered with acquiring banks and card networks (Visa, Mastercard, and others) for International Transactions;
Issues purchase receipts, order confirmations, and invoices to Buyers in its own name;
Bears primary liability to card networks and issuing banks for chargebacks and disputes arising from International Transactions;
Assumes responsibility for compliance with applicable consumer protection laws in the Buyer's jurisdiction;
Is the entity responsible for collecting, remitting, and accounting for applicable taxes (including U.S. sales tax, international VAT, GST, and other equivalent indirect taxes) on International Transactions, where required by law.
2.4 Creator's Role
The Creator, from whom Hubla US sources the Infoproduct, retains: (a) intellectual property ownership of the Infoproduct; (b) responsibility for the quality, accuracy, and delivery of the Infoproduct content; and (c) responsibility for any third-party rights clearances necessary for the Infoproduct. The Creator does not hold a direct contractual relationship with the Buyer in International Transactions and is not a party to the sale contract formed between Hubla US and the Buyer. The end-user license to the Infoproduct content is granted by the Creator directly to the Buyer.
Orders, Buyer Eligibility, and Contract Formation
3.1 Buyer Eligibility and Representations
By placing an order and using the Platform for International Transactions, the Buyer represents and warrants that: (a) the Buyer is of legal age and has full legal capacity to enter into a binding agreement under applicable law; (b) if the Buyer is acting on behalf of a company or other legal entity, the Buyer has the authority to bind such entity to these Terms, and references to "you" or "the Buyer" shall refer to that entity; (c) the Buyer is purchasing the Infoproduct for personal or intended organizational use, and not for unauthorized resale, redistribution, or systematic exploitation; (d) the Buyer will comply with all applicable laws, rules, and regulations related to the purchase, access, and use of the Infoproduct; and (e) all information provided to Hubla US at checkout, including payment, contact, and identification information, is accurate, complete, and current.
3.2 Orders and Contract Formation
An order placed by the Buyer through the Platform constitutes an offer to purchase the Infoproduct under these Terms. All orders are subject to acceptance by Hubla US. Hubla US may, at its sole discretion, refuse or limit orders, decline to complete a transaction, or extend delivery timelines when reasonably necessary — including where Hubla US identifies fraud, sanctions risk, chargeback risk, or non-compliance with these Terms. A purchase is deemed accepted, and the sale contract between Hubla US and the Buyer is formed, when Hubla US provides an order confirmation (including by email or within the Platform) and/or when payment is successfully authorized, as applicable. Hubla US is not liable if an Infoproduct is unavailable or if access is delayed due to circumstances beyond its reasonable control. For digital content supplied immediately, the Buyer expressly consents to immediate performance and acknowledges that the statutory right of withdrawal may be lost once access begins, where permitted by applicable law.
Chargeback and Refund Handling
4.1 Hubla US as Counterparty
The Buyer's contract for the purchase of an Infoproduct in an International Transaction is with Hubla US, not with the Creator. All purchase receipts, order confirmations, and communications related to the transaction will identify Hubla US as the seller.
4.2 Buyer's First Line of Support and Service Level
Hubla US is the Buyer's first point of contact for all support matters relating to International Transactions, including: (a) refund and return requests; (b) transaction disputes and chargebacks; (c) billing inquiries; and (d) general complaints regarding the purchasing experience. The Buyer should contact Hubla US directly before contacting the Creator, and before initiating a chargeback with the Buyer's bank or card issuer, so that the matter may be resolved directly through the Platform.
Hubla US endeavors to comply with the following service level standards, which represent internal operational targets and do not constitute a guarantee of resolution within a specific timeframe: (a) initial response time — up to forty-eight (48) business hours from receipt of the support request; (b) resolution time — most support requests are resolved within five (5) business days from receipt, though the time required may vary depending on the nature and complexity of the request and the need for additional information or third-party involvement. Support requests are handled during Hubla US's regular business hours, Monday to Friday, excluding public holidays. Requests received outside business hours, on weekends, or on public holidays will be deemed received on the next business day.
4.3 Refund Policy
Hubla US offers refunds to Buyers on International Transactions under the following conditions:
Digital products eligible for a refund period will be specified at the time of purchase. Standard refund periods range from 7 to 30 days from the date of purchase, unless a longer period is mandated by applicable law in the Buyer's jurisdiction;
Refund requests must be submitted through the Platform's support channels. Hubla US will process eligible refunds within 10 business days of approval;
Refunds will be credited to the original payment method used by the Buyer;
Where applicable law in the Buyer's jurisdiction provides for longer or additional refund rights (including statutory cooling-off periods), those rights are not limited by this policy;
Hubla US may refuse a refund request where it identifies evidence of fraud, refund abuse, or other manipulative behavior;
Where the Buyer benefits from a statutory cooling-off or withdrawal right for digital content (including under EU or UK consumer law), the Buyer will be asked at checkout to expressly consent to immediate performance and to acknowledge that the right of withdrawal is lost once the digital content is accessed, downloaded, or streamed, to the extent permitted by applicable law.
4.4 Chargeback Handling
As MoR, Hubla US bears the primary obligation to respond to chargebacks filed by Buyers with their issuing banks. Hubla US manages chargebacks and disputes in accordance with the applicable card network rules and procedures, including those established by Visa, Mastercard, and other payment schemes. Initiating a chargeback without prior contact with Hubla US's support team may result in delays or outcomes governed by the rules of the relevant payment network.
4.5 Access Revocation
Upon a successful chargeback, refund, or other reimbursement event, Hubla US will automatically revoke the Buyer's access to the relevant Infoproduct without prior notice.
4.6 Subscriptions and Recurring Billing
Where an Infoproduct is offered on a subscription or recurring basis: (a) the Buyer authorizes Hubla US to charge the Buyer's payment method at the recurring interval and price disclosed at checkout until the subscription is cancelled; (b) the material terms of the subscription — including price, billing frequency, promotional or introductory pricing, and cancellation mechanics — will be clearly and conspicuously disclosed and the Buyer's affirmative consent obtained before the first charge, in accordance with applicable automatic renewal laws in the Buyer's jurisdiction; (c) the Buyer may cancel at any time through the Platform by a method at least as simple as the method used to subscribe, with cancellation effective for the next billing cycle; (d) unless otherwise required by applicable law, refunds of renewal charges are governed by Section 4.3; and (e) where required by applicable law, Hubla US will send renewal reminders before renewal charges.
Taxes on Buyer Transactions
5.1 Hubla US Tax Obligations (MoR Scope)
As MoR, Hubla US assumes responsibility for determining, collecting, reporting, and remitting indirect taxes applicable to International Transactions where required by law in the Buyer's jurisdiction, including without limitation: (a) U.S. sales tax on Infoproduct sales to Buyers in U.S. states where Hubla US has nexus and applicable law requires such collection; (b) Value Added Tax (VAT) in the European Union, United Kingdom, and other jurisdictions applying VAT to digital services; (c) Goods and Services Tax (GST) in jurisdictions such as Australia, New Zealand, Canada, Singapore, and other jurisdictions applying GST to digital services; and (d) any other equivalent indirect taxes imposed on the supply of digital services under applicable marketplace facilitator, deemed-supplier, or similar legislation. Where Hubla US collects and remits these taxes, the Buyer-facing price may be displayed inclusive or exclusive of tax, as required by applicable law. Invoices and receipts are issued electronically.
Prohibited Products
6.1 Restrictions on Products Sold via the Platform
The following Infoproducts are prohibited on the Platform for International Transactions:
Products that violate applicable law in the Buyer's or Creator's jurisdiction;
Products that infringe third-party intellectual property rights;
Products that contain defamatory, obscene, or hateful content;
Products that promote illegal activity, violence, or discrimination based on protected characteristics;
Products subject to export controls or sanctions under applicable international law;
Products that are fraudulent, misrepresented, or that make unsubstantiated health, financial, or efficacy claims.
Hubla US may publish and update a more detailed Content and Acceptable Use Policy on the Platform, which is incorporated into these Terms by reference. In the event of conflict, the more restrictive provision prevails.
Prohibited Buyer Conduct
7.1 Prohibited Conduct
The Buyer agrees not to engage in conduct that:
Violates applicable law or regulation;
Infringes third-party rights, including intellectual property, privacy, or contractual rights;
Circumvents, disables, or bypasses security measures, access controls, or licensing mechanisms of the Platform or the Infoproduct;
Uses automated tools, bots, scrapers, crawlers, or similar technologies to access, extract data from, or interact with the Platform, except through interfaces expressly authorized by Hubla US;
Distributes malware, viruses, spam, or other harmful code through or in connection with the Platform;
Misrepresents identity, payment method ownership, transaction data, or affiliation with any person or entity;
Resells, redistributes, sublicenses, or otherwise commercially exploits access to an Infoproduct without express written authorization from Hubla US and the Creator;
Otherwise interferes with the integrity, security, or proper functioning of the Platform or the Services.
7.2 Enforcement
Hubla US may monitor, investigate, remove, or disable access to content or accounts to ensure compliance with these Terms and applicable legal obligations. Violation of this Section may result in immediate suspension or termination of the Buyer's access to the Platform, cancellation of pending orders, revocation of access to Infoproducts, and, where applicable, reporting to relevant authorities.
Limitation of Liability and Disclaimers
8.1 Limitation of Liability
To the maximum extent permitted by applicable law, hubla us shall not be liable for: (a) any indirect, incidental, special, consequential, or punitive damages; (b) loss of profits, revenue, data, goodwill, or business opportunities; or (c) damages arising from third-party services, payment network downtime, or force majeure events. Hubla us's total aggregate liability to the buyer for any claim arising under these terms shall not exceed the total amount actually paid by the buyer to hubla us for the applicable infoproduct in the twelve (12) months immediately preceding the event giving rise to the claim. Nothing in these terms limits or excludes any liability that cannot be limited or excluded under mandatory consumer protection law applicable to the buyer.
8.2 Hubla US Not Responsible for Infoproduct Quality
Hubla US's role as MoR relates to the payment and commercial relationship, not to the editorial or substantive quality of the Infoproduct. Hubla US does not review, endorse, or guarantee the accuracy, completeness, or fitness for purpose of any Infoproduct. Buyers should evaluate Infoproducts based on the descriptions and materials made available at the time of purchase.
8.3 Platform Availability
Hubla US does not guarantee uninterrupted or error-free operation of the Platform. Hubla US may temporarily suspend access to the Platform for maintenance, security purposes, or at the direction of regulatory authorities, and shall not be liable for losses arising from such temporary unavailability.
8.4 Platform "As Is" / "As Available" Disclaimer
To the maximum extent permitted by applicable law, the Platform and all related features, tools, and services are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, statutory, or otherwise. Hubla US expressly disclaims any implied warranties of merchantability, fitness for a particular purpose, non-infringement, quiet enjoyment, and any warranties arising out of course of dealing, usage of trade, or course of performance. Hubla US does not warrant that the Platform will be uninterrupted, error-free, secure, or free from harmful components, nor that any Infoproduct will meet the Buyer's specific expectations or requirements. Some jurisdictions do not allow the exclusion of certain warranties; in such cases, the above exclusions may not apply, and the Buyer's rights will be limited to the maximum extent permitted by applicable law.
8.5 Third-Party Links
The Platform may contain links to third-party websites or resources provided solely as a convenience. Hubla US does not control, endorse, or assume responsibility for the content, products, services, or practices of such third parties, and the Buyer assumes all risk arising from their use. The Buyer's interactions with third-party websites are governed by the terms and privacy policies of those third parties.
Dispute Resolution, Governing Law, and Jurisdiction
9.1 Governing Law
These Terms are governed by the laws of the State of Delaware, United States of America, without regard to its conflict-of-laws principles. For Buyers in jurisdictions where mandatory consumer protection laws apply, those laws are not displaced by this choice of law to the extent they provide greater protections.
9.2 Arbitration Agreement (U.S. Buyers)
For U.S.-domiciled Buyers, any dispute, claim, or controversy arising out of or relating to these Terms or any International Transaction shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted in English, in Wilmington, Delaware, or by videoconference. Each party shall bear its own arbitration costs, subject to AAA rules on fee allocation for consumer claims. Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within that court's jurisdiction. You may opt out of this arbitration agreement by sending written notice to Hubla US's legal notice address within thirty (30) days of first accepting these Terms; opting out does not affect any other provision of these Terms. If twenty-five (25) or more similar arbitration demands are filed against Hubla US by the same or coordinated counsel, the parties agree that the demands will be resolved in staged proceedings ("batches") in accordance with applicable AAA rules or procedures agreed upon by the parties, and applicable statutes of limitations will be tolled while demands await resolution of earlier stages.
9.3 Class Action Waiver
To the extent permitted by law, you and hubla us each waive any right to bring claims as a plaintiff or class member in any purported class, collective, or representative action.
9.4 Jurisdiction for Non-U.S. Buyers
For Buyers domiciled outside the United States, disputes shall be resolved in the courts of the State of Delaware, and you consent to personal jurisdiction and venue in those courts, without prejudice to mandatory consumer protection rules applicable in the Buyer's country of residence that grant the Buyer a right to bring proceedings in, or benefit from the law of, the Buyer's home jurisdiction. Where such mandatory rules apply, they prevail over this Section to the extent required by applicable law.
9.5 Exception for Injunctive Relief
Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief from a court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration or court proceedings.
Data Privacy
10.1 Data Controller
For International Transactions, Hubla US acts as the primary data controller for Buyer personal data collected at checkout. The Creator may act as a separate data controller with respect to any personal data the Creator independently collects from Buyers through its own channels. Hubla US's processing of personal data is governed by its Privacy Policy, available at lp.hub.la/privacy-data-protection-policy
10.2 International Privacy Compliance
Hubla US will process Buyer personal data in accordance with applicable data protection laws, including without limitation: (a) the California Consumer Privacy Act (CCPA) and other applicable U.S. state privacy laws; (b) the EU General Data Protection Regulation (GDPR) and equivalent national implementations, including the UK GDPR and the UK Data Protection Act 2018; (c) the Brazilian General Data Protection Law (LGPD); and (d) other applicable data protection laws in the Buyer's jurisdiction. Where personal data is transferred outside the Buyer's jurisdiction, Hubla US will rely on lawful transfer mechanisms available under applicable law, including Standard Contractual Clauses, adequacy decisions, or equivalent frameworks, as further described in the Privacy Policy. Hubla US does not sell Buyer personal data to third parties.
Sanctions
11.1 Sanctioned Jurisdictions
Hubla US does not process International Transactions for Buyers located or ordinarily resident in countries or regions subject to comprehensive sanctions administered by the U.S. Office of Foreign Assets Control (OFAC), the United Nations Security Council, the European Union, or another applicable sanctions authority, and may block, cancel, or reverse any transaction, and suspend any account, that it reasonably believes to involve a sanctioned person or jurisdiction.
General Provisions
12.1 Language
The official and binding version of these Terms is the English-language version. Any translations provided are for convenience only and have no legal effect. In the event of conflict between the English version and any translation, the English version shall prevail.
12.2 Amendments
Hubla US reserves the right to amend these Terms at any time. Material amendments will be notified to Buyers via the Platform or by email at least 30 days prior to taking effect. Continued use of the Platform for International Transactions after the effective date of the amendment constitutes acceptance of the revised Terms.
12.3 Entire Agreement
These Terms constitute the entire agreement between the parties with respect to International Transactions and supersede all prior representations, understandings, or agreements relating to the same subject matter.
12.4 Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
12.5 No Waiver
Failure or delay by either party to enforce any provision of these Terms shall not constitute a waiver of that party's right to enforce such provision at any later time.
12.6 Assignment
Hubla US may assign these Terms or any rights hereunder to an affiliate or in connection with a merger, acquisition, or sale of substantially all of its assets, without notice to the Buyer.
12.7 Feedback
Hubla US welcomes feedback, comments, ideas, proposals, and suggestions to improve the Platform ("Feedback"). If the Buyer chooses to submit Feedback, the Buyer agrees that Hubla US may use, modify, distribute, and exploit such Feedback for any purpose, without restriction, compensation, or attribution to the Buyer.
12.8 Contact and Support
For support related to International Transactions, Buyers may contact Hubla US at: support@hub.la. For formal legal notices, please write to: Hubla US, Legal Department, [ADDRESS TO BE COMPLETED], USA.
12.9 Force Majeure
Neither party is liable for failure or delay in performance (other than payment obligations for amounts already collected) caused by events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, governmental action, and failures of payment networks, acquirers, banking partners, or internet or utility infrastructure, provided that the affected party uses reasonable efforts to mitigate and resumes performance as soon as reasonably practicable.
