AGREEMENT TO OUR LEGAL TERMS
We are 9570-1454 Québec inc., doing business as Nubia Hub ("Company," "Nubia," "we," "us," "our").
We operate the website www.nubiahub.ca (the "Site"), the Nubia Hub mobile application (the "App"), and any other related products and services that refer or link to these terms (collectively, the "Services").
You can contact us:
- General inquiries / customer service / dispute filing: info@nubiahub.ca
- Legal, terms, privacy, and copyright matters: legal@nubiahub.ca
- Mail: 9570-1454 Québec inc., 4388 Saint-Denis, suite 200, H2J2L1, Montreal, Quebec, Canada
These Terms of Service (the "Terms") form a binding contract between you ("you," the customer) and 9570-1454 Québec inc. By creating an account, accessing, or using the Services, you confirm you have read, understood, and agreed to be bound by these Terms. If you do not agree, do not use the Services.
These Terms apply to customers who use the Services to discover and book beauty services. Beauty professionals, businesses, and salons are governed by a separate Nubia Pro Agreement.
These Terms do not limit any mandatory rights you have as a consumer under the Consumer Protection Act (Quebec), the Act respecting the protection of personal information in the private sector (Quebec), or any other applicable consumer-protection law.
TABLE OF CONTENTS
- Key Definitions
- Our Services and Our Role
- Eligibility and Bookings on Behalf of Minors
- Account Registration
- Intellectual Property Rights
- Bookings, Deposits, and Payments
- Cancellations, No-Shows, and Refunds
- Tipping
- Product Purchases
- Disputes Between Customers and Pros
- Prohibited Activities
- User Content and Submissions
- Reviews and Ratings
- Mobile Application License and App Permissions
- AI-Powered Features
- Linking Third-Party Accounts
- Third-Party Websites and Content
- Services Management
- Privacy and Personal Information
- Copyright Infringement
- Term, Termination, and Pro-Level Blocks
- Modifications to These Terms
- Service Interruptions and Force Majeure
- Corrections
- Disclaimer
- Limitation of Liability
- Indemnification
- Governing Law and Jurisdiction
- Dispute Resolution
- Electronic Communications and Signatures
- Language
- Miscellaneous
- Contact
1. KEY DEFINITIONS
- "Pro" means an independent beauty professional, salon, or business listed on the Services that you may book for services.
- "Booking" means a reservation made through the Services for a beauty service to be performed by a Pro.
- "Service Price" means the price the Pro charges for the beauty service itself, set by the Pro and disclosed before you confirm the Booking.
- "Deposit" means the part of the price of a Booking, at least 20%, that you pay when you book.
- "Balance" means the rest of the price of a Booking, due at the end of the service.
- "Product" means a physical product sold by a Pro through the Services.
- "Tip" means an optional gratuity you choose to pay the Pro through the Services.
- "Content" means anything you submit to or post through the Services, including reviews, photos, messages, and profile information.
2. OUR SERVICES AND OUR ROLE
Nubia is a technology platform. We connect customers with independent Pros. We do not perform beauty services, employ Pros, supervise their work, or warrant the quality of any service they deliver.
The contract for the actual beauty service, or for a Product you buy, is between you and the Pro. Nubia is not a party to that contract.
For payment processing, Nubia acts as the Pro's limited payment collection agent for the sole purpose of collecting payment from you on the Pro's behalf and disbursing the Pro's portion. Your payment obligation to the Pro is satisfied when the platform receives your payment, regardless of whether or when funds are disbursed to the Pro.
The information provided through the Services is intended for use in jurisdictions where it is lawful. If you access the Services from outside Canada, you are responsible for compliance with local law.
3. ELIGIBILITY AND BOOKINGS ON BEHALF OF MINORS
To register for an account and use the Services, you must:
- Be at least 18 years of age;
- Have the legal capacity to enter into a binding contract; and
- Not be barred from using the Services under applicable law or these Terms.
Bookings on behalf of minors. You may book services on behalf of a minor in your care, in which case you remain the contracting party and account holder. You confirm that you have legal authority over the minor (e.g., parent, legal guardian) and you are responsible for: the accuracy of information about the minor, any required parental consent for the service, the minor's conduct at the appointment, and any payment due. You must not upload photos of minors without the necessary legal authority.
We do not knowingly collect personal information from anyone under 18 who registers for an account directly. If we learn an account was created by a person under 18, we will close the account.
4. ACCOUNT REGISTRATION
You may need to register an account to use the Services. You agree to:
- Provide true, accurate, current, and complete information;
- Keep your account information up to date;
- Keep your password confidential and not share your account with others;
- Be responsible for all activity that occurs under your account; and
- Notify us at info@nubiahub.ca if you suspect unauthorized use of your account.
We may, in our reasonable discretion, refuse to grant or remove a username we determine is misleading, offensive, or that infringes a third party's rights.
5. INTELLECTUAL PROPERTY RIGHTS
Our content. We own or license all intellectual property rights in the Services, including the source code, databases, software, designs, photographs, graphics, text, the Nubia and Nubia Hub names, logos, and trademarks (collectively the "Nubia IP"). Nubia IP is protected by copyright, trademark, and other intellectual property laws.
Your limited license. Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to access and use the Services for your personal, non-commercial use. You may not copy, reproduce, modify, publicly display, sell, license, or otherwise exploit any Nubia IP except as expressly permitted by these Terms or with our prior written permission. All rights not expressly granted are reserved.
Submissions to us. If you send us suggestions, ideas, feedback, or other comments about the Services ("Submissions"), you grant us a non-exclusive, royalty-free, worldwide, perpetual license to use them to operate and improve the Services. Submissions are not confidential.
6. BOOKINGS, DEPOSITS, AND PAYMENTS
Booking process. When you make a Booking, the total amount due is shown to you before you confirm and includes: the Service Price, any applicable Pro-set add-ons or travel fees, the cancellation policy of that Pro, and applicable taxes (GST/QST where the Pro is a registrant).
No fees for customers. Nubia charges you no fee to use the Services, make a Booking, add a Tip, or buy a Product. You pay only the Pro's prices (the Service Price and any add-ons, travel, or delivery fees) and applicable taxes. Nubia's platform fee and Stripe's payment processing fees are paid by the Pro and deducted from the Pro's payout; nothing is added to what you pay. If Nubia ever introduces a fee for customers, we will give you at least 30 days' notice (Section 22), and it will never apply to a Booking already confirmed.
Deposit and Balance. When you book, you pay a Deposit of at least 20% of the price of the Booking (the Pro sets the percentage, shown before you confirm). The Balance is due at the end of the service. You can pay it in the App, through a payment link the Pro sends you through the Services, or directly to the Pro (for example, in cash).
Currency. All prices are in Canadian dollars (CAD) unless otherwise indicated.
Payment processor. Payment processing is provided by Stripe Payments Canada, Ltd. and its affiliates ("Stripe"). By making a payment through the Services, you also agree to Stripe's Services Agreement available at stripe.com/legal. Nubia does not store your full payment card number; payment information is collected and processed directly by Stripe.
Authorization to charge. You authorize Nubia (acting as the Pro's limited payment collection agent) and Stripe to charge your selected payment method for the Deposit, the Balance when you pay it through the Services, any Tip you add, and any Product you buy.
Taxes. Where required, GST and QST are charged on Service Prices and Products and disclosed on your booking confirmation. Tax registration numbers, if applicable to a Pro, are shown at checkout. Nubia is responsible for taxes on its own platform fees.
Pricing changes and errors. Pros set their own prices and may change them; the price shown to you when you confirm a Booking is the price for that Booking. We reserve the right to correct pricing errors and, in rare cases, to cancel a Booking placed at a clearly erroneous price (with full refund of all amounts paid).
Receipt. Following a confirmed Booking, you will receive an electronic receipt via email or in-app, which constitutes your record of the transaction and contains the disclosures required under the Consumer Protection Act (Quebec) for distance contracts.
7. CANCELLATIONS, NO-SHOWS, AND REFUNDS
7.1 Pro's cancellation policy
Each Pro sets their own cancellation policy within parameters defined by Nubia. The applicable policy is disclosed to you before you confirm your Booking and forms part of your contract with the Pro.
Within Nubia's parameters:
- You can always cancel at least 24 hours before the appointment for a full refund of your Deposit. A Pro's cut-off can be shorter than 24 hours, but never longer.
- If you cancel after the Pro's cut-off or do not show up, the Pro keeps your Deposit as a cancellation or no-show fee. You are not charged anything more. The Deposit represents a reasonable estimate of the Pro's lost-slot damages and is not a penalty.
7.2 Cancellations by the Pro or by Nubia
You are entitled to a full refund of all amounts paid for a Booking when:
- the Pro cancels, no-shows, or fails to deliver the service materially as described;
- Nubia cancels the Booking due to a system or platform issue; or
- the Booking is cancelled due to a clearly erroneous price (Section 6).
7.3 Tips
Tips are processed only after the Booking is completed and are not refundable by Nubia once paid, except in the case of duplicate charges or fraud.
7.4 Chargebacks and disputes
If you have a question or dispute about a charge, please contact us first at info@nubiahub.ca before initiating a chargeback with your card issuer. Many issues can be resolved quickly without a chargeback. Nothing in this section limits any rights you have under applicable law to dispute a charge through your card issuer; however, repeated or bad-faith chargebacks may result in suspension of your account.
7.5 Statutory rights
Nothing in this section limits any cancellation, withdrawal, or refund rights you have under the Consumer Protection Act (Quebec) or other applicable consumer-protection law. If the disclosures required by sections 54.4 and following of the Consumer Protection Act were not made before your Booking, you may have additional cancellation rights.
8. TIPPING
The Services allow you to add an optional Tip when paying for a Booking. Tips are:
- Entirely at your discretion, never pre-checked or pre-filled, and shown clearly as an optional add-on at checkout;
- Paid to the Pro. Nubia charges no platform fee on Tips; only Stripe's payment processing fees apply, which the Pro pays: they are deducted from the amount paid out to the Pro, and nothing is added to what you pay;
- Generally non-refundable once a Booking is completed (see Section 7.3).
9. PRODUCT PURCHASES
Some Pros sell Products (for example, hair-care products) through the Services.
- Seller. The Pro is the seller. Nubia collects your payment on the Pro's behalf as its limited payment collection agent (Section 2).
- Price and payment. The price, applicable taxes, any delivery fee, the delivery method, and the Pro's return policy are shown before you order. You pay when you order.
- Delivery. Depending on the Pro and your order, you pick up your Products at the Pro's location, receive them during an appointment, or have them shipped or delivered to your address.
- Returns and refunds. Each Pro sets their own return policy. Whatever that policy, you are entitled to a refund if a Product is defective, not as described, or not delivered (or to a repair or replacement if you prefer). Contact the Pro first; if the issue is not resolved, contact us at info@nubiahub.ca (Section 10).
- Legal warranties. Products are covered by the legal warranties of the Consumer Protection Act (Quebec) and the Civil Code of Québec. No return policy can limit them.
10. DISPUTES BETWEEN CUSTOMERS AND PROS
Because the contract for a beauty service or a Product is between you and the Pro, disputes about service quality, scope, or delivery, or about a Product, are first between you and the Pro. We offer a courtesy dispute-resolution process to help:
- Direct resolution first. We encourage you to contact the Pro within 48 hours of the appointment (or of receiving your Product) to attempt to resolve the issue.
- Escalation to Nubia. If the issue is not resolved, file a dispute by emailing info@nubiahub.ca within 7 days of the appointment (or of receiving your Product), including your booking or order reference and any supporting evidence.
- Review. We will review the available evidence (booking or order record, in-app messages, photos you provide) and may, at our reasonable discretion, refund some or all of the amount paid from funds held or by reversing the disbursement to the Pro.
- No waiver of rights. Our dispute-resolution process is a courtesy and does not replace or waive any rights you have under applicable consumer-protection law or your right to pursue the Pro directly. Nubia is not arbitrating the underlying service contract.
11. PROHIBITED ACTIVITIES
You agree not to:
- Use the Services for any unlawful purpose or in violation of these Terms;
- Provide false, misleading, or impersonating information;
- Harass, threaten, intimidate, abuse, or discriminate against any user, Pro, or Nubia personnel;
- Circumvent, disable, or interfere with security or rate-limiting features;
- Attempt to gain unauthorized access to any account, system, or data;
- Use bots, scrapers, crawlers, data-mining tools, or other automated means to access or extract data from the Services, except for standard search-engine indexing of public pages;
- Reverse-engineer, decompile, or attempt to derive the source code of any part of the Services, except as permitted by mandatory law;
- Aggregate, copy, or compile information from the Services to build a competing product or directory;
- Upload viruses, malware, or other code designed to disrupt the Services;
- Use the Services to send unsolicited communications or spam;
- Use the Services to advertise or sell goods or services other than as expressly authorized by Nubia;
- Sell, transfer, or share your account;
- Solicit a Pro to bypass the Services (e.g., asking a Pro to provide their direct contact for off-platform booking, or to discount the Service Price by avoiding the Services). Pros are similarly prohibited from accepting such requests.
- Use Pro contact information obtained through the Services for any purpose other than completing the Booking.
The two rules above do not apply if you were already the Pro's client before you used the Services, or if the Pro added you as one of their own clients: you remain free to book with that Pro directly.
12. USER CONTENT AND SUBMISSIONS
The Services let you post Content (reviews, photos, messages, profile info, and other materials).
Your responsibility. You are solely responsible for your Content. By posting Content you represent and warrant that:
- You own the Content or have all necessary rights to post it;
- The Content is accurate and truthful;
- The Content does not infringe any third party's intellectual property, privacy, publicity, or other rights;
- The Content is not illegal, harassing, defamatory, hateful, sexually explicit, threatening, or otherwise prohibited under Section 11;
- You have the necessary consent of any identifiable individual whose image or likeness appears in the Content; and
- You have the legal authority to upload any photo of a minor.
License to Nubia. You grant Nubia a non-exclusive, royalty-free, worldwide license to use, host, store, reproduce, display, and distribute your Content for the purpose of operating, providing, promoting, and improving the Services. This license includes the right to make your Content available to our service providers (e.g., hosting, content delivery, communications) solely as needed to operate the Services.
This license terminates when you delete your Content or your account, except that:
- Anonymized or aggregated information that is no longer attributable to you (e.g., aggregate analytics) survives;
- Backups and archives may take a reasonable period to fully purge; and
- Reviews and ratings you posted may remain visible on the Services after you delete your account, in line with the standard practice of reviewer platforms.
Image and likeness for marketing. Use of your photos, image, or likeness in Nubia's external marketing materials (e.g., social media campaigns, ads, website hero imagery) requires your separate, explicit opt-in consent in your account settings. ToS acceptance alone does not grant marketing-use rights to your image.
Moral rights. To the extent permitted by law, you waive any moral rights you have in your Content as needed to allow Nubia to exercise the license above. Where moral rights cannot be waived, you grant a non-assertion covenant.
Removal. We may remove or disable Content that we reasonably believe violates these Terms, infringes third-party rights, or harms users, with or without notice. We are not obligated to monitor Content.
13. REVIEWS AND RATINGS
When you post a review or rating:
- Your review must be based on your own first-hand experience with the Pro and the specific service in question;
- Statements of opinion must be clearly identifiable as opinion;
- Statements of fact must be accurate to the best of your knowledge;
- You must not include personal attacks, allegations of crime not supported by clear evidence, doxxing, or content prohibited by Section 11;
- You must not be a competitor of the Pro, an employee or insider of the Pro, or otherwise have a conflict of interest;
- You must not coordinate or solicit campaigns of positive or negative reviews;
- You must not include other people's personal information without their consent.
We may, but are not required to, moderate, edit, re-categorize, or remove reviews. Reviews represent the opinions of their authors and not Nubia.
14. MOBILE APPLICATION LICENSE AND APP PERMISSIONS
License. Subject to your compliance with these Terms, we grant you a revocable, non-exclusive, non-transferable, limited license to install and use the App on devices you own or control, solely to use the Services. You may not (a) decompile, reverse-engineer, or attempt to derive source code, except as permitted by mandatory law; (b) modify or create derivative works of the App; (c) use the App to develop a competing product; or (d) make the App available to third parties.
App store terms. When you obtain the App from the Apple App Store or Google Play, you also agree to comply with their respective end-user terms. Apple and Google are third-party beneficiaries of this license to the extent provided by their developer policies.
App permissions. The App may request access to:
- Camera — for hair-scan analysis, profile photos, and uploading photos to support reviews or appointments;
- Photo library — for uploading photos you select;
- Location — to help you find Pros near you and (for mobile services) to communicate your appointment address;
- Push notifications — for booking confirmations, reminders, and status updates.
You can grant, revoke, or modify these permissions at any time in your device's operating system settings. Some features will not work if related permissions are denied.
15. AI-POWERED FEATURES
The Services include the following AI-powered features:
- Hair-scan analysis — hair-type suggestions based on photos you upload.
- Comment moderation — comments you post in the gallery are checked automatically before they are published, to detect harmful content (such as harassment, hate, violence, or sexual content). A comment flagged by this check is not published. If you think a comment was blocked by mistake, contact us at info@nubiahub.ca.
- Automatic translation — Pros' listings and profiles (for example, service and product descriptions) can be translated automatically between French and English.
You acknowledge and agree that:
- AI features may be performed using third-party AI service providers, which may process information on servers located outside Quebec, including in the United States;
- Photos, comments, and other content submitted to AI features may be transmitted to those providers for the sole purpose of generating the requested result;
- We do not retain photos used solely for AI hair-scan analysis beyond what is needed to generate the result;
- AI suggestions are informational only — they are not professional advice, diagnosis, or a substitute for the judgment of a qualified beauty professional, dermatologist, or medical practitioner. We do not guarantee the accuracy of AI outputs, including translations;
- Hair-scan analysis is optional; you can use the Services without it.
For more detail on the AI providers we use and how data is processed, see our Privacy Policy.
16. LINKING THIRD-PARTY ACCOUNTS
You may connect your Nubia account to social or other third-party accounts (e.g., to sign in or share content). By doing so, you authorize us to access and use information from those accounts in accordance with your privacy settings on those services. Your relationship with those third parties is governed by their own terms; we are not responsible for their content, availability, or practices. You can disconnect a linked account at any time.
17. THIRD-PARTY WEBSITES AND CONTENT
The Services may link to third-party websites or display third-party content. We do not control, endorse, or warrant the content, products, or services of third parties. If you choose to access a linked site or use third-party content, you do so at your own risk and subject to that third party's terms.
18. SERVICES MANAGEMENT
We reserve the right (but are not obligated) to: (a) monitor the Services for compliance with these Terms; (b) take appropriate action against anyone who violates these Terms or applicable law, including reporting to authorities; (c) refuse, restrict, or remove Content that we reasonably believe violates these Terms or harms users; (d) remove files that are excessively large or burdensome to our systems; and (e) otherwise manage the Services to protect our rights and property and to keep the Services working properly.
19. PRIVACY AND PERSONAL INFORMATION
Our collection, use, and disclosure of your personal information is described in our Privacy Policy, which is incorporated into and forms part of these Terms.
Data residency and cross-border transfer. Your personal information may be processed and stored in Canada and the United States. Some of our service providers (including hosting infrastructure, payment processing, communications, and AI providers) operate servers in those jurisdictions, where data-protection laws may differ from those of Quebec. Before your personal information is transferred outside Quebec, we assess whether it will be adequately protected, as described in the Privacy Policy.
Your rights. Subject to applicable law, you have the right to access, correct, and request deletion of your personal information, to withdraw consent, and to data portability, as further described in the Privacy Policy.
Privacy Officer. Inquiries, complaints, or requests regarding your personal information may be directed to our Privacy Officer at legal@nubiahub.ca. Our Privacy Officer is the person designated under section 3.1 of the Act respecting the protection of personal information in the private sector (Quebec).
Automated decision-making. When we make a decision about you based exclusively on automated processing, such as not publishing a comment flagged by our moderation (Section 15), we will inform you and offer the rights provided by Loi 25 (the right to be informed of the principal factors and parameters of the decision, and the right to submit observations to a human reviewer).
20. COPYRIGHT INFRINGEMENT
We respect the intellectual property rights of others. If you believe that material on the Services infringes your copyright, please send a notice to legal@nubiahub.ca (a "Takedown Notice") containing:
- Identification of the copyrighted work claimed to be infringed;
- Identification of the allegedly infringing material on the Services, including a URL, screenshot, or other location reference sufficient for us to locate it;
- Your full name, mailing address, telephone number, and email address;
- A statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law;
- A statement, made in good faith and accurate to the best of your knowledge, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf;
- Your physical or electronic signature.
We process Takedown Notices in line with sections 41.25 and following of the Copyright Act (Canada) (the "notice-and-notice" regime). We may, in our discretion, remove or disable allegedly infringing material on the Services pending resolution. Repeat infringers may have their accounts terminated.
If material you posted is taken down and you believe in good faith that the takedown was incorrect, you may submit a counter-notice to legal@nubiahub.ca with corresponding information.
Submitting a knowingly false notice may expose you to liability for damages under applicable law.
21. TERM, TERMINATION, AND PRO-LEVEL BLOCKS
Term. These Terms apply while you use the Services and for any provisions that by their nature survive termination (e.g., intellectual property, disclaimers, limitation of liability, indemnification, governing law).
Termination by you. You may close your account at any time through the App or by emailing info@nubiahub.ca.
Termination by Nubia. We may suspend or terminate your account or restrict your access for specific reasons, including:
- Material breach of these Terms;
- Fraud, payment failure, or chargeback abuse;
- Illegal activity, including activity that endangers other users;
- Repeated violations of community standards (e.g., harassment, hate speech, sexual misconduct);
- Material misrepresentation in your account information;
- A court order or governmental requirement; or
- Prolonged inactivity (no login or activity for 24 consecutive months), after reasonable advance notice.
We will provide reasonable advance notice of termination where feasible. Immediate termination is reserved for serious violations such as fraud, illegal activity, or threats to other users. For non-fraud terminations, you will be given a reasonable opportunity to download your data before deletion.
Pro-level blocks. Independent of Nubia-level termination, a Pro may decline future Bookings from a specific customer at the Pro's discretion. A Pro-level block does not terminate your Nubia account and does not prevent you from booking with other Pros on the Services. A Pro can also record your no-shows at their business. Blocks and no-show records are kept by each Pro for their own business and are not shared with other Pros.
Effect of termination. Outstanding obligations (e.g., completed Bookings, owed cancellation fees, indemnities) survive termination.
22. MODIFICATIONS TO THESE TERMS
We may update these Terms from time to time.
- Minor changes (e.g., typos, clarifications, updates to contact information, non-material updates) take effect on posting. The "Last updated" date will be revised.
- Material changes (e.g., changes to fees, dispute resolution, liability, key data uses, or termination rights) will be communicated to you with at least 30 days' advance notice by email and/or in-app notice. Material changes do not apply to you until the effective date stated in that notice. If you do not agree with a material change, you may terminate your account before the effective date at no cost; continued use of the Services after the effective date constitutes acceptance.
This section does not affect any rights you have under section 11.2 of the Consumer Protection Act (Quebec) regarding amendments to consumer contracts.
23. SERVICE INTERRUPTIONS AND FORCE MAJEURE
We aim to keep the Services available, but we cannot guarantee uninterrupted access. The Services may be unavailable due to maintenance, upgrades, hardware or software issues, or events beyond our reasonable control, including acts of God, pandemics, public-health emergencies, strikes or labour disputes, war or civil unrest, government action, internet or telecommunications failures, third-party service-provider outages (including payment processors), or natural disasters ("Force Majeure Events"). We are not liable for any failure or delay to the extent caused by a Force Majeure Event.
24. CORRECTIONS
The Services may occasionally contain typographical errors, inaccuracies, or omissions, including in pricing, availability, descriptions, or other information. We reserve the right to correct any such error and to change or update information at any time without prior notice. Where a correction affects a confirmed Booking (e.g., a clearly erroneous price), Section 6 governs.
25. DISCLAIMER
The Services are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Marketplace-specific disclaimers. Without limiting the generality of the above, Nubia does not warrant or take responsibility for:
- The quality, safety, suitability, or outcome of any beauty service performed by a Pro;
- The conduct, professionalism, punctuality, hygiene, or actions of any Pro or other customer, online or in person;
- The accuracy of profiles, biographies, prices, availability, qualifications, licensing, certifications, insurance, or background of any Pro (Pros self-attest; Nubia does not independently verify professional credentials unless explicitly stated);
- Allergic reactions, hair or skin damage, irritation, injury, or other adverse outcomes from services;
- Theft, loss, or damage to personal property at a Pro's location or during a mobile-service appointment;
- The physical safety of in-person interactions (the Services are a booking platform, not a chaperone or supervision service); or
- The outcome of any dispute between you and a Pro beyond what we handle through the Services.
No insurance. Nubia does not provide insurance for services delivered through the Services. Pros are responsible for maintaining their own professional liability insurance where applicable. We encourage you to verify a Pro's insurance, credentials, and reviews before booking.
Statutory rights preserved. Nothing in this section limits or excludes any liability that cannot be limited or excluded under the Consumer Protection Act (Quebec) or other mandatory law.
26. LIMITATION OF LIABILITY
To the fullest extent permitted by law:
(a) No indirect damages. Nubia and its directors, officers, employees, agents, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost revenue, lost data, or lost goodwill, even if advised of the possibility of such damages.
(b) Liability cap. Nubia's total aggregate liability to you for all claims, regardless of the form of action (contract, tort, or otherwise), arising out of or related to the Services or these Terms, will not exceed the greater of (i) CAD $50 or (ii) the total fees paid by you to Nubia in the 12 months immediately preceding the event giving rise to the claim.
Mandatory carve-outs. The exclusions and limitations above do not apply to:
- Personal injury caused by Nubia's negligence;
- Nubia's gross negligence, willful misconduct, or fraud; or
- Any liability that cannot lawfully be limited or excluded under the Consumer Protection Act (Quebec), the Civil Code of Québec, or other mandatory law.
Statutory rights preserved. Nothing in this section limits any rights you have as a consumer under mandatory consumer-protection law.
27. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Nubia and its directors, officers, employees, and agents from any third-party claim, loss, liability, damage, cost, or expense (including reasonable legal fees) arising out of or related to:
(a) Your breach of these Terms;
(b) Your violation of applicable law in connection with your use of the Services;
(c) Your infringement of a third party's rights (including intellectual property, privacy, or publicity rights); or
(d) Your Content.
This indemnity does not apply to claims to the extent caused by Nubia's negligence, willful misconduct, or fraud, or to liabilities that cannot lawfully be shifted under mandatory consumer-protection law.
We may, at your reasonable expense, assume the defence and control of any matter for which you are required to indemnify us, in which case you agree to cooperate with our defence.
28. GOVERNING LAW AND JURISDICTION
These Terms are governed by the laws of the Province of Quebec and the federal laws of Canada applicable in Quebec, without regard to conflict-of-laws principles.
You and Nubia agree that the courts of the Province of Quebec, judicial district of Montreal, will have exclusive jurisdiction to hear any dispute arising under or in connection with these Terms, subject to your right under article 3149 of the Civil Code of Québec to bring proceedings in Quebec.
29. DISPUTE RESOLUTION
Informal negotiation first. Before either of us starts a formal proceeding, we agree to attempt to resolve any dispute informally for at least 30 days after written notice from one party to the other. Customer notices should be sent to legal@nubiahub.ca; Nubia will use the email on file for your account.
No mandatory arbitration; no class-action waiver. Consistent with section 11.1 of the Consumer Protection Act (Quebec), nothing in these Terms requires you to submit consumer disputes to binding arbitration or waive your right to participate in a class action. You retain those rights.
Statutory rights preserved. Nothing in this section limits any rights you have under mandatory consumer-protection law.
30. ELECTRONIC COMMUNICATIONS AND SIGNATURES
You consent to receiving communications from us electronically (email, in-app notice, push notification). Electronic communications, agreements, and records satisfy any requirement that they be in writing. You consent to the use of electronic signatures and to the electronic delivery of notices, policies, and transaction records.
31. LANGUAGE
These Terms are made available in French and English. The French version is the authoritative version. By accepting these Terms, you confirm that the French version was made available to you and, if you chose to view the English version, you did so voluntarily. In the event of any conflict or inconsistency between the French and English versions, the French version prevails.
Les présentes Conditions sont disponibles en français et en anglais. La version française est la version qui fait foi. En acceptant les présentes Conditions, vous confirmez que la version française vous a été présentée et que, si vous avez choisi de consulter la version anglaise, vous l'avez fait de votre plein gré. En cas de divergence entre les versions française et anglaise, la version française prévaut.
32. MISCELLANEOUS
These Terms, together with the Privacy Policy and any policies or operating rules posted on the Services, constitute the entire agreement between you and Nubia regarding the Services.
- No waiver. Our failure to enforce any provision is not a waiver of that provision.
- Severability. If any provision is found unlawful or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force.
- Assignment. You may not assign your rights or obligations under these Terms without our consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or part of our business.
- No agency. No joint venture, partnership, employment, or agency relationship is created between you and Nubia by these Terms or by your use of the Services, except that Nubia acts as a Pro's limited payment collection agent as described in Section 2.
- Headings. Section headings are for convenience only and do not affect interpretation.
- No drafting presumption. These Terms will not be construed against Nubia by reason of having drafted them.
33. CONTACT
General inquiries, customer service, dispute filing: info@nubiahub.ca
Legal, terms, privacy, copyright: legal@nubiahub.ca
Mailing address: 9570-1454 Québec inc. 4388 Saint-Denis, suite 200, H2J2L1 Montreal, Quebec, Canada