Terms & Conditions

Welcome to QUBER!

Do you have questions for us? Check out our FAQ’s here, or send us an email us at support@qubersavings.com.

Effective Date: February 27, 2024

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

Please read these Terms and Conditions carefully, as they may have changed since your last visit. We reserve the right to change any provisions of these Terms and Conditions from time to time for any reason, provided that such changes shall not apply to any fee-bearing subscriptions to the Services which are then in effect until the expiration or termination of such subscription. We will provide you with a notice of such changes at least 30 days before the change become effective. Such notice will set out the effective date of the changes and the new provisions or, in case of changes to existing provisions, the amended provisions and the provisions as they read before. If the changes entail an increase in your obligations or a reduction in our obligations under this Agreement, you can refuse them and terminate this Agreement without cost or penalty by sending us a notice to that effect no later than 30 days after the changes become effective. Where applicable, we will explain in our notice how you can exercise this termination right. The updated Terms and Conditions will be posted to www.qubersavings.com/terms.  

Further, your access to and use of our QUBER Platform is subject to our Privacy Policy as in effect from time to time, the current version of which is at www.qubersavings.com/privacy.

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

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

Scope of Service: QUBER maintains the QUBER Platform, and provides Services, as a service to our user community, subject to these Terms and Conditions. You are responsible for obtaining any equipment and Internet service necessary to access our QUBER Platform and Services and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue this QUBER Platform and/or our Services, in whole or in part, at any time and for any reason, without notice. We may restrict access to portions of our QUBER Platform and/or Services, for some or all users, from time to time. The QUBER Platform may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.

In consideration of your use of the QUBER Platform provided to you by QUBER, by registering, you agree to the following terms:

1. Terms

The following words used in this agreement and in all amendments hereto shall have the meaning set forth below:

“Agreement” means these Terms and Conditions.

“Aggregated Data” means aggregated, anonymized data pertaining to a group of users without any risk of disclosing any one user’s identity. Aggregated Data may include information about your location, your Financial Profile and your Financial Products.

“Business Day” means Monday through Friday, excluding statutory holidays under the laws of the Province of New Brunswick or the laws of Canada.

“Cashout” is an action triggered by you in the QUBER Mobile App that moves money from the QUBER Vault to your Primary Bank Account 

"Financial Institution” means a bank or credit union accepting deposits. Currently, QUBER is partnered with Alterna Savings and OMISTA Credit Union.

“Financial Products” means banking, credit card, mortgage, and insurance products you may be enrolled in or may be eligible for enrolment.

“Financial Profile” means information about your finances possessed by QUBER including, but not limited to Transaction History, Financial Products, and your financial and savings goals and objectives.

“In Vault Transactions” means a sum of money tied to a Saving Jar and sum of money tied to Saving Challenges that has been transferred from your Primary Bank Account and is safely stored in the QUBER Vault.

“In Transit Transactions” means a sum of money tied to a Saving Jar and sum of money tied to Saving Challenge that has been transferred from your Primary Bank Account and is on its way to the QUBER Vault through the payment network but has not yet reached the QUBER Vault.

“Pending Transactions” means a sum of money tied to a Saving Jar and sum of money tied to Saving Challenges that has accumulated based on triggered Saving Rules but has not yet been transferred to the QUBER Vault from your Primary Bank Account due to transaction limits or other applicable reasons.

“Primary Bank Account” means your chequing or savings account that is the source of money transfers and the destination of cashouts, as well as applicable Subscription Fees for Services.  Your Primary Bank Account must be at a financial institution located in Canada.

“QUBER Account” means the account at QUBER which you created during registration through the QUBER Mobile App and your information that is tied to such account through use of QUBER Platform.

“QUBER Vault” is an account held by QUBER in a Financial Institution that holds money temporarily for your benefit until a request is made by you to have your money transferred back to the Primary Bank Account.

“Saving Challenge” is a saving goal where you save a set amount of money by a pre­determined date following the withdrawal schedule. You may earn incentives by reaching pre-defined milestones throughout the challenge.

“Saving Jar” represents a Saving Goal.  Each Saving Jar is linked to the amount of money you have saved for that Goal as a total of Pending Transactions, In Transit Transactions, and In Jar Transactions.

“Saving Recommendations” are recommendations generated from the QUBER Platform based on data analysis to help you save money.

“Saving Rule Transfer” is a money transfer to the QUBER Vault that is triggered when your Saving Rules are executed.

“Saving Rules” are rules set up by you in QUBER that when executed will transfer money from your Primary Bank Account to the QUBER Vault. These include both one-time manual transfers initiated by you in the QUBER app or recurring automated transfers.

“Savings” refers to the total amount of money you have in the QUBER Vault.

“Subscription fees” refers to the fee collected for paid QUBER services.

“Transaction History” means the transactions from your Financial Products from the time you added your Transaction Source(s) with QUBER.

“Transaction Source” means any accounts that you have added to populate your Cash Flow, execute Saving Rules, and receive saving recommendations.

“Transfer” means the transfer of money from your Primary Bank Account to the QUBER Vault.  

“Your Information” means all information about you, including information about your identity, location, contact information, address, QUBER Account, Primary Bank Account, Transaction Source(s) that you provide to QUBER.

2. Overview

Description of QUBER: QUBER encourages you to reach money saving goals through a unique, goal-based experience. Life is hectic, and the last thing you want to do is look through complicated graphs and pie charts to analyze your spending. At QUBER, our mission is simple – we are determined to make saving money easy and fun. The QUBER experience starts by helping you plan out your saving goals. What do you want and when do you need it? Once you know what’s important to you, we’ll show you different options on how you can reach your goals.

How QUBER Works: The QUBER experience starts by you creating saving goals – Saving Jars or Saving Challenges– things that matter to you. Then you create Saving Rules in order to automatically move money into those goals. When your Saving Rules are triggered, money is automatically transferred from your paycheck via payroll deductions or your Primary Bank Account via Electronic Funds Transfer (EFT) into a QUBER Vault. When you have reached your goal or decided you want to Cashout, your money is then transferred via EFT to your Primary Bank Account. QUBER is a “closed-loop” system, meaning that your Savings contributions cannot be transferred from a source other than from your paycheck through payroll deductions or your Primary Bank Account via EFT transfer, and Cashouts cannot be transferred to any destination other than your Primary Bank Account.

QUBER will hold your Savings separate from its corporate funds in a QUBER Vault, and it will not use your Savings for its operating expenses or for any other corporate purposes.  QUBER will not voluntarily make your Savings available to its creditors in the event of bankruptcy. Savings are never held or accessed by QUBER.

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

You may or may not receive interest on Savings held in the QUBER Vault in an amount determined by QUBER in its sole discretion from time to time. Please email  contactus@qubersavings.com for more details or visit https://qubersavings.com/faq/#bank-canada.

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

Content Disclaimer: The information on the QUBER Platform is provided for educational and general information purposes only. This information cannot, and is not intended to, substitute for the advice of a professional. We do not warrant the accuracy, completeness or usefulness of this information. The QUBER Platform is not intended to provide tax, legal, accounting, financial, fiduciary, or any other form of professional advice. You understand and agree that the QUBER Platform is provided to you on an AS IS and AS AVAILABLE basis. We disclaim all responsibility and liability for the availability, timeliness, security or reliability of the QUBER Platform, the accuracy of any opinion or information contained on the QUBER Platform, or the availability and reliability of any software on the QUBER Platform. The opinions expressed on the QUBER Platform are not necessarily the opinions of QUBER or its employees and may or may not be totally accurate. Your use of the QUBER Platform – including implementation of any suggestions set out in the QUBER Platform and/or use of any resources available on the QUBER Platform – does not create a professional-client relationship between you and the QUBER or any of its employees. You agree that access to and use of the QUBER Platform and the content thereof is at your own risk. The language of this section in no way limits the applicability of any other disclaimers or liability limitations found elsewhere in these Terms and Conditions.

Third Party Products and Services: QUBER may also provide you with information relating to third party products or services. QUBER may receive fees for providing such third-party information or otherwise promoting third party products and services to you.

UNLESS A PRODUCT SPECIFICALLY IDENTIFIES US AS THE SELLER, ALL TRANSACTIONS FOR THIRD PARTY PRODUCTS OR SERVICES REFERENCED ON THE QUBER PLATFORM SHALL BE BETWEEN YOU AND THE THIRD-PARTY PROVIDER WITHOUT ANY INVOLVEMENT BY US, EVEN IF WE RECEIVE A COMMISSION ON THE SALE OF SUCH PRODUCTS OR SERVICES. IF YOU PURCHASE, ORDER, OR OTHERWISE OBTAIN PRODUCTS OR SERVICES REFERENCED ON THE QUBER PLATFORM, YOU ACKNOWLEDGE THAT WE ASSUME NO RESPONSIBILITY FOR THE QUALITY, QUANTITY, SIZE, CHARACTER, FITNESS FOR A PARTICULAR PURPOSE, SPECIFICATIONS, FEATURES, FUNCTIONALITY, SAFETY, OR LEGALITY OF SUCH PRODUCTS OR SERVICES, THE TRUTH OR ACCURACY OF THE PRODUCT OR SERVICES LISTINGS, OR THE ABILITY OF THE SELLERS TO SELL, SHIP, OR OTHERWISE PROVIDE SUCH PRODUCTS OR SERVICES TO YOU. YOU AGREE THAT WE ARE NOT RESPONSIBLE, AND SHALL HAVE NO LIABILITY, WITH RESPECT TO ANY PRODUCTS OR SERVICES REFERENCED ON THE QUBER PLATFORM. THIS DISCLAIMER DOES NOT LIMIT THE APPLICABILITY OR FORCE OF ANY DISCLAIMERS OR OTHER PROVISIONS FOUND ELSEWHERE IN THESE TERMS AND CONDITIONS.

For any issues related to products or services referenced on the QUBER Platform, including defects or warranties, please contact the third-party provider of the relevant products.

Termination of Employment with Employer; Employer Termination of Subscription. If your participation in the QUBER Platform originated through your employment or an organization and your employment is terminated or you leave the organization, or if your employer/organization terminates its subscription to the QUBER Platform, you will continue to have access to the QUBER Platform and your Savings minus any unvested employer/organization cash incentives. Any employer/organization benefits that are provided through the QUBER Program, such as but not limited to employer matching, may terminate following termination of employment or termination of employer’s/organization’s subscription.

3. QUBER Account

Registration: You must be a resident of qualifying Canadian jurisdictions and at least 18 years old to use the QUBER Platform. You are solely responsible for ensuring that the use of the QUBER Platform in accordance with these Terms and Conditions in your jurisdiction of residence is permitted by law or regulation. If such use is not permitted by law, QUBER prohibits all access to and use of the QUBER Platform.

Collection of Your Information: When you register in the QUBER Mobile app, and while using the QUBER Platform, you will be required to provide QUBER with

Information (such as, but not limited to, your name, mailing address, date of birth, social security number, tax identification number and email address). QUBER will collect Your Information for itself. Your Information is required in order to provide you with access to the QUBER Platform and to comply with legal and regulatory requirements, including Anti-Money Laundering rules. QUBER may also ask for a copy of your driver’s license or other government-issued identifying documents. You authorize QUBER to obtain, verify, and store Your Information to confirm that the individual who creates a QUBER Account, is the intended user of the QUBER Account, or who accesses the Services.

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

Accurate Information: You acknowledge that QUBER will be relying on Your Information to provide services to you. You represent and warrant that you are the legal owner of Your Information, that you are authorized to provide QUBER with all of Your Information, and that Your Information is true, accurate, current and complete. You agree to promptly update this information if it changes or is no longer accurate. You agree that if Your Information is inaccurate, untrue, not current or incomplete, you will have materially breached these Terms and Conditions and QUBER reserves the right to terminate your use of QUBER in accordance with Section 12. QUBER may, in its discretion, decline to offer the Services for any reason, including your failure to provide requested information, if QUBER is unable to verify any of Your Information, and/or for other lawful business reasons.

Anti-Money Laundering Rules: You represent and warrant that you will abide by all applicable Anti-Money Laundering rules, including, but not limited to the Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Canada) and that you will, upon request, provide QUBER staff with any information or documents that we may require in order to comply with applicable regulatory requirements, including the Anti-Money Laundering rules and other applicable requirements. 

Confidentiality and Unauthorized Access: You agree and understand that you are responsible for maintaining the confidentiality of your password used to access QUBER. You agree that you are responsible for all acts or omissions that occur on your QUBER account while your password is being used. If you become aware of any unauthorized access to your QUBER account or if you believe that someone is accessing your account without your permission, you must immediately notify QUBER at support@qubersavings.com.

4. Source of Funds

Connecting Your Primary Bank Account: You acknowledge and agree that you must connect your QUBER Account to your Primary Bank Account using the QUBER App in order to transfer money into your QUBER Vault and receive Cashouts.

Primary Bank Account: When you register for a QUBER Account, you will be required to connect your QUBER Account to a checking or savings account held in your name at a financial institution located in Canada. This is your Primary Bank Account. You may be asked to enter and/or validate information about your Bank Account into the QUBER App, including the institution, transit and account number of your Primary Bank Account. You acknowledge that the information that you provide about your Primary Bank Account is yours and you represent and warrant that it is true, accurate, current, and complete information.

You will receive confirmation through the QUBER App when your Primary Bank Account has been verified and is connected to your QUBER Account for the purpose of making Transfers to or Cashouts from the QUBER Vault. All amounts received in the QUBER Vault shall be held on your behalf, until you Cashout those amounts. You agree to promptly update the account details of your Primary Bank Account that are no longer accurate. Failure to update your information may disrupt your use of the QUBER Platform. You can only have one Primary Bank Account associated with your QUBER Account at any given time.

You must also agree to Electronic Funds Transfers (EFTs) from your Primary Bank Account which shall be initiated by QUBER on the basis of your total Pending Transactions as determined by the QUBER Platform. QUBER processes the transfer of total Pending Transactions from your Primary Bank Account to the QUBER Vault.

The Primary Bank Account will be the source of all EFT Transfers and the destination of all Cashouts.

The Primary Bank Account is also the source used to collect applicable Subscription fees for QUBER services.

Transaction Sources: In order to use Saving Rules that require transactions, you need to connect your Transaction Sources to your QUBER Account. You can connect multiple Transaction Sources to your QUBER Account. You connect your Transaction Source to your QUBER Account by entering information about the Transaction Source in the QUBER App. This may include bank account and credit card information. You acknowledge that the information about your Transaction Source that you provide to QUBER is yours and you represent and warrant that it is true, accurate, current, and complete information. You will receive confirmation through the QUBER App when your Transaction Source is connected to your QUBER Account. You agree to promptly update information about your Transaction Source that is no longer accurate. Failure to update your information may disrupt your use of the QUBER Platform.

The QUBER Platform will track purchases made on your Transaction Source(s) to execute your Saving Rules, and produce Saving Recommendations. Total transfer amounts are communicated to QUBER to transfer from your Primary Bank Account. Transfers will only be made from your Primary Bank Account.

All information relating to your Primary Bank Account and Transaction Source(s) shall be collected, retained and disclosed only in accordance with QUBER’s Privacy Policy.

5. Transfers

Saving Rule Transfers: You may make a Saving Rule Transfer from your paycheck as a payroll deduction or your Primary Bank Account via ACH to the QUBER Vault using the QUBER Platform. The minimum transfer amount is $10.00. QUBER reserves the right to postpone your transfer to the QUBER Vault until you have a minimum of $10.00 in total pending transactions. You authorize QUBER to automatically execute your saving rules based on transactions from your Transaction Source(s), calendar dates, one-time manual transfers initiated in app by you, or other 3rd party sources connected by you to execute Saving Rules. The QUBER Platform will execute your Saving Rules and will add the corresponding transaction amount to the total Pending Transactions. When your total Pending Transactions has reached $10.00 or more, the QUBER Platform will trigger the transfer of money to occur through QUBER to the QUBER Vault. Once QUBER processes the transfer, the total Pending Transactions amount will be withdrawn from your Primary Bank Account and transferred to the QUBER Vault. A record is kept of the exact amounts you have transferred in and out at all times. If you subsequently cancel or reverse any purchase you made using your Transaction Source(s), the corresponding Saving Rule execution and resulting Pending Transaction amount will remain and will not be reverted.

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

Preauthorized Debits (PADs): You authorize QUBER, and the designated financial institution (or any other financial institution QUBER may authorize at any time) to begin Transfers on regular intervals from your self-designated Primary Bank Account. These Transfers are based on Saving Rule Transfers to transfer money to the QUBER Vault.

You confirm that you will not be provided with written Notice of the amount of each Transfer debit.

You may cancel this authorization at any time.  Any cancellation Notices must be received at least five (5) Business Days before the next debit is scheduled at the address provided below or via email noted below.

You can contact us by email at support@qubersavings.com.

QUBER may assign this authorization, whether directly or indirectly, by operation of law, change of control or otherwise, by providing at least 10 days prior Notice to you.

As QUBER is facilitating transfers on your behalf, you forfeit your rights to dispute any debit unless the debit does not comply with this agreement. You have the right to receive reimbursement for any debit that is not authorized or is not consistent with this agreement. For example, you have the right to receive reimbursement for any PAD that is not consistent with Section 5 of this Agreement. To obtain a form for a reimbursement claim, or for more information on your recourse rights, you may contact your financial institution or visit www.cdnpay.ca.

6. Cashouts

Cashout of Funds: At any time, you may cashout your Savings.  This is done by cashing out individual Saving Jars or Saving Challenges. You may cashout your In Vault transactions, tied to your Saving Jars or Saving Challenges, from the QUBER App. The In Vault Transaction amount of each jar or saving challenge cashed out is added to the total Cashout amount.

You may only Cashout to your Primary Bank Account and are not permitted to Cashout to any other account.  If you would like to change your Primary Bank Account, you will be required to Cashout all Savings to your existing Primary Bank Account before you select a new Primary Bank Account.  In the case of exceptional circumstances (such as death), please contact QUBER Technologies Inc. at support@qubersavings.com.  

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

7. Transfer and Cashout Transactions

Limitations: The maximum amount of money that can be transferred in one day from your primary bank account to QUBER vault is $3000 and the maximum amount of money that can be cashed out from QUBER vault to your primary bank account in one day is $10000.  

Processing Time: Reasonable steps will be taken to process Transfers and Cashouts within five (5) Business Days. You acknowledge that QUBER is not liable for any error or processing delay caused by any third party, including any financial institution that maintains your Primary Bank Account or the QUBER Vault, or any service provider or vendor of any such financial institution.

Fees and Penalties: You agree that QUBER shall not be liable to you for any fees or penalties charged by any financial institution that maintains your Primary Bank Account in connection with a Transfer, Cashout, or a Subscription fee, including any overdraft fees or Insufficient Funds fees. You agree that you are responsible for any fees or penalties that you may incur from any financial institution that maintains your Primary Bank Account as a result of any Transfer or Cashout.

Correct Information and Payment Instructions: You acknowledge and understand that it is your responsibility to provide correct information about your Primary Bank Account and Transaction Source(s). You also acknowledge and understand that it is your responsibility to provide correct payment instructions for Transfers and Cashouts. You acknowledge that incorrect or incomplete information regarding your Primary Bank Account or regarding instructions to make a Transfer or Cashout may result in the transaction being rejected or completed incorrectly. You agree that it is not QUBER’s responsibility to determine whether there is a discrepancy between the information in the QUBER Vault and the information in your Primary Bank Account or Transaction Source(s).

Acts or Omissions: You agree that QUBER, or any other supplier to QUBER, shall not be held liable for any act or omission of any financial institution that maintains your Primary Bank Account or Transaction Source(s) or for any act or omission of any service provider or vendor of any such financial institution.

Indemnity: You agree to indemnify and hold QUBER, or any other supplier to QUBER, harmless from any and all damages resulting from or relating to any incomplete or incorrect information regarding yourself, your Primary Bank Account or Transaction Source(s) or in payment instructions to make a Transfer or Cashout.

8. Contests and similar promotions

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

9. Fees

QUBER may institute Subscription Fees. We agree to provide you with at least thirty (30) days' notice before we institute a new subscription fee or change in Subscription Fees by sending you an email to the email address in your QUBER Account. Price changes will take effect at the start of the next Subscription period.

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

QUBER Subscription Service: By subscribing to a QUBER subscription Service (“Subscription”) you agree that you will be charged a Subscription fee that is payable monthly or yearly, as applicable. Importantly, a Subscription may not provide access to all Services owned and operated by QUBER. Please carefully review the terms of the applicable offer before registering for and paying for a Subscription. The Subscription fee is periodic and recurring and is charged in advance through your credit card attached to your Apple iTunes or Google Play account. By registering for a Subscription Service, you authorize us to charge your credit card or other payment method that you have designated at the then current rate plus applicable tax. Your Subscription will automatically renew unless cancelled by either you or QUBER. These automatic charges will continue for each subsequent Subscription period until your Subscription is cancelled. You can turn off auto-renew at any time from your Apple iTunes or Google Play account settings, but refunds will not be provided for any unused portion of the term. A valid payment method, including credit card, is required through Apple iTunes or Google Play to process the payment for your Subscription.

From time to time, QUBER might offer a free trial. If you are offered a free trial you must cancel before the end of the free trial period to avoid future charges; if you do not cancel then you agree that you will be charged the amount of the Subscription fee automatically at the end of the free trial period. Charges are not refundable.

QUBER retains the right in the future to change the terms and the amount of the Subscription fee in its sole discretion, including for both current customers and new customers.

Failure to pay Subscription fees will result in automatic cancellation of QUBER Subscription Service.

10. Rights you Grant to QUBER

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

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

Transaction History: YOU AUTHORIZE QUBER TO EXAMINE, ANALYZE, TRACK AND COLLECT INFORMATION ABOUT YOUR TRANSACTION HISTORY IN ORDER TO:  

(I) EXECUTE YOUR SAVING RULES;

(II) SHOW DETAILS ON MONEY IN AND MONEY OUT OF YOUR TRANSACTION SOURCE(S);

AND

(III) TO CUSTOMIZE THE QUBER EXPERIENCE FOR YOU. 

Quber Account: You acknowledge and authorize QUBER to develop and use your QUBER Account to:

(i) customize and improve the QUBER Experience; 

(ii) provide you with an overview of your savings and finances; 

(iii) provide you with tips, recommendations and education materials on how to save, organize and manage your finances;

(iv) provide you with information about third party products or services that can help you organize and manage your finances; 

 (v) to conduct statistical research and analysis on an aggregated basis for comparative and historical insights 

(vi) Invite you to participate in surveys, and Sweepstakes, and similar promotions.

11. Your Information

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

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

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

12. Term & Termination

Term of Agreement: The term of this Agreement will begin when you register in the QUBER Mobile App (i.e., create a QUBER Account) and will continue until the Terms are terminated by either party as outlined in this Section 12.

Termination: In the event that these Terms are terminated or if you remove Your Information from the QUBER Platform, QUBER may maintain Your Information and may continue to use Your Information pursuant to the licenses granted above, in according with its Privacy Policy.

Termination: You may terminate this agreement immediately for any reason with or without cause by closing and deleting your QUBER Account by contacting QUBER at support@qubersavings.com. QUBER may terminate this Agreement immediately upon Notice to you for any reason with or without cause. QUBER will not be liable to you or to any third party for any liabilities, claims or expenses arising from or relating to any termination. 

Suspension: We may suspend your right to use QUBER if you: 

(i) breach the terms of this Agreement;

(ii) QUBER suspects that your QUBER Account is being used without authorization;

(iii) QUBER suspects that your QUBER Account is being used for illegal or fraudulent purposes; or 

(iv) QUBER needs to comply with applicable law.  

13. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

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

[Not applicable in Quebec, Alberta or Ontario] If your complaint is not resolved to your satisfaction with in thirty (30) days of making the complaint, you agree to resolve the complaint by final and binding arbitration to the extent mandatory arbitration is permitted by applicable law. The arbitration will be conducted in the province or territory in which you reside in accordance with the commercial arbitration laws and rules in the province or jurisdiction in which you reside. The complaint shall not be made the subject matter of an action in any court unless the complaint has first been submitted to arbitration and finally determined in arbitration. Any such action commenced thereafter shall only be for the purpose of enforcing the arbitration decision and the costs incidental to the action. If mandatory arbitration of your dispute is not permitted under applicable law, you agree that you will seek a remedy before the superior court of justice of your province or territory of residence. 

14. Warranty

QUBER represents and warrants that it will provide the service described herein in a professional manner consistent with general industry standards. Your exclusive remedy for a breach of this warranty shall be as provided in Term and Termination section. 

Warranty Disclaimer: SOME PROVINCES AND TERRITORIES DO NOT ALLOW FOR THE EXCLUSION OF WARRANTIES (INCLUDING THE PROVINCE OF QUEBEC). IN THESE PROVINCES AND TERRITORIES, YOU HAVE ONLY THE WARRANTIES THAT ARE EXPRESSLY REQUIRED TO BE PROVIDED IN ACCORDANCE WITH APPLICABLE LAW. IN ALL OTHER PROVINCES AND TERRITORIES, EXCEPT AS EXPRESSLY PROVIDED HEREIN, QUBER IS PROVIDED TO YOU ON AN “AS IS” BASIS WITHOUT ANY WARRANTY WHATSOEVER AND QUBER EXPRESSLY DISCLAIMS ALL OTHER REPRESENTATIONS, WARRANTIES, AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. YOUR SOLE AND EXCLUSIVE REMEDY, AND QUBERS SOLE OBLIGATION TO YOU OR ANY THIRD PARTY FOR ANY CLAIM ARISING OUT OF YOUR USE OF QUBER, IS THAT YOU ARE FREE TO DISCONTINUE YOUR USE OF QUBER AT ANY TIME.

15. Limitation of Liability

SOME PROVINCES AND TERRITORIES DO NOT PROVIDE EXCLUSION OF LIMITATION OF LIABILITY FOR ALL TYPES OF DAMAGES (INCLUDING THE PROVINCE OF QUEBEC). IN THOSE PROVINCES, QUBER WILL ONLY BE LIABLE TO YOU FOR DAMAGES THAT WE ARE EXPRESSLY REQUIRED TO BE LIABLE TO YOU UNDER APPLICABLE LAW. IN ANY OTHER CASE, QUBER SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF QUBER, INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOST OPPORTUNITIES, LOSS OF DATA SUFFERED, OR OTHER INTANGIBLE LOSS.  QUBER’S LIABILITY FOR DIRECT DAMAGES SHALL NOT EXCEED $100.00.  THE FOREGOING LIMITATIONS APPLY TO ALL CAUSES OF ACTION AND EVERY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT, STRICT LIABILITY AND NEGLIGENCE.

Connectivity: QUBER SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET, ELECTRONIC COMMUNICATIONS, TELECOMMUNICATIONS NETWORKS OR OTHER SYSTEMS OR NETWORKS OUTSIDE THE REASONABLE CONTROL OF QUBER 

16. Indemnification

You agree to indemnify and hold QUBER, our affiliated companies and their respective agents, employees, directors and officers, harmless from any claim or demand, cause of action, liabilities and costs including reasonable lawyer’s fees made by any third party due to or arising out of:

(i) your use of the QUBER Mobile App, 

(ii) your violation of this Agreement, 

(iii) any misrepresentations made by you, 

or (iv) your violation of any third party’s rights.

QUBER reserves the exclusive right, at your expense, to conduct the defence and assume control of any matter, subject to indemnification by you, in which event you shall cooperate with QUBER in asserting any and all available defences. 

17. General Provisions

Assignment: No party may assign this Agreement or any right under this Agreement, without the consent of the other party, which consent shall not be unreasonably withheld or delayed; provided however, that QUBER may assign this Agreement to an acquirer of all or substantially all of the business of QUBER to which this Agreement relates, whether by merger, asset sale or otherwise. This Agreement shall be binding upon and inure to the benefit of the parties’ successors, heirs, administrators and permitted assigns. 

Notices and Communications: Except as otherwise permitted in this Agreement, Notice and other communications under this Agreement will be made in writing to the other party. YOU AGREE THAT ALL NOTICES, COMMUNICATIONS, FINANCIAL INFORMATION WILL BE DELIVERED TO YOU ELECTRONICALLY. You will receive offers, promotions and other commercial electronic communications from QUBER and its promotional partners as an integral part of the QUBER experience. You can unsubscribe at any time by using the unsubscribe links provided in these electronic communications or by contacting QUBER Technologies Inc. at support@qubersavings.com.  

Waiver: No waiver shall be effective unless it is in writing and signed by the waiving party. The waiver by either party of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach. 

Severability: If any term of this Agreement is held to be invalid or unenforceable, that term shall be reformed to achieve as nearly as possible the same effect as the original term, and the remainder of this Agreement shall remain in full force. 

Entire Agreement: This Agreement (including all Schedules and exhibits) contains the entire agreement of the parties and supersedes all previous oral and written communications by the parties, concerning the subject matter of this Agreement. 

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

Compliance with Laws: QUBER reserves the right to change any process or service provided under the Agreement in or to comply with all applicable local, provincial, national and foreign laws in connection with its delivery of QUBER, including those laws related to financial services, data privacy, international communications, and the transmission of technical or personal data.

18. Client Acknowledgement

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