Subira Sites & Services Terms and Conditions


Welcome to the document platform service offered by HFXabacus Financial Ltd., a Canadian company based out of Nova Scotia (“Subira”, “we,” “our” or “us”). The following terms and conditions (the “Terms”) govern your access to and/or use of the document platform, website and Subira’s content, services and products available at and/or through the website, including, but not limited to, electronic signature services, online uploads, display, delivery, acknowledgment, and limited storage services for documents and/or electronic contracts (collectively, the “Services”).

By using the Site or any Subira Services, you as a Site Visitor or Customer accept these Terms (whether on behalf of yourself or a legal entity you represent). An “Authorized User” of a Customer is each an individual natural person, whether an employee, business partner, contractor, or agent of a Customer who is registered or permitted by Customer to use the Subira Services subject to these Terms and up to any maximum number of users or uses specified at the time of purchase. Customers and Site Visitors may be referred to in these Terms as “you” and “your” as applicable.

If you are a Customer and you or your organization are bound by a Master Services Agreement with Subira (“Corporate Terms”), then these Terms will apply, if at all, only to use of the Site or any Subira Services to the extent such use is not already governed by such a Master Services Agreement. For the avoidance of doubt, all references to the “Site” in these Terms also include the Subira Services. 

BY ACCESSING, USING, OR DOWNLOADING ANY MATERIALS FROM THE SITE, YOU AGREE TO FOLLOW AND BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED AND MUST CEASE USING THE SITE IMMEDIATELY

Please read these Terms of Service carefully before using the website, platform, or services operated by  HFXabacus Financial Ltd . By using the Subirapro.com site you are agreeing to be bound by the following terms and conditions. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.


General Use

Subira provides services, infrastructure, and tools through this site. Materials provided on this site, including content, logos, graphics that are not user submitted material (refer to User Content) and are copyrighted and/or trademarked work of Subira. User submitted materials are not property of Subira or Macroplant and are subject to their own terms. Users acknowledge and accept that they will only submit non-copyrighted content or copyrighted content which they can provide proof of ownership or have acquired distribution permissions. User acknowledges sole responsibility for obtaining any required licenses or permissions prior to posting content.

Unauthorized use of materials from this Site may violate copyright, trademark and privacy laws. You acknowledge that you are responsible for the content that you submit and that you have full responsibility for the legality and copyright of the material as well as sole responsibility for any damages that may arise from infringement of submitted material's terms of service.


User Content

User submitted content is defined as anything users upload, store, or share using Subira.

Unauthorized Activities. It is possible that certain document submissions may violate international laws and regulations as well as laws within Canada. You agree to indemnify and hold Subira, its employees and affiliates harmless from any and all costs, related to the defense of litigation, fines, or other fees imposed as a result of using Subira in an illegal manner regardless of malicious or illegal intent.

Known and unapproved activities which Subira will immediately be removed in response to being notified by a recipient, authorities, or other person aware of the document on our servers include documents which contain text or images that:

  • Threaten or harass others
  • Communicate or instruct how to manufacture of weapons, drugs, or other illegal activities.
  • Discuss or promote racial or religious hatred
  • Photographic or textual depiction of pornography or child abuse.
  • Contain copyrighted or trademarked content or images without the express permission of the owner.

Paid Subscriptions

In addition to Subira's free services, it offers paid subscriptions such as "SubiraPro" and "Subira Fax." These subscriptions are to be billed either monthly or annually as specified during sign-up. Upon subscribing, your subscription will continue month-to-month or year-to-year and automatically renew until terminated. To use the Subira service you must have Internet access and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time. You must cancel your membership before it renews at the end of the billing period in order to avoid billing of the next period's subscription fees to your Payment Method (see "Cancellation" below).



Free Trials

Your Subira subscription may start with a free trial. The free trial period of your membership lasts for the duration specified during sign-up and is intended to allow new and certain former members to try the service.

Free trial eligibility is determined by Subira at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. Members of households with an existing or recent Subira membership are not eligible. For combinations with other offers, restrictions may apply.

We will charge your Payment Method for your monthly or annual subscription fee at the end of the free trial period and your membership will automatically renew at the end of the billing period unless you cancel your membership prior to the end of the free trial period. To view the membership price and end date of your free trial period, visit our website and click the "Billing" link on the "Settings" page.


Billing and Cancellation

Billing Cycle. The membership fee for Subira subscription services and any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly or annual basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership until your membership is cancelled. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website and click on the "Billing" link on the "Settings" page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.


Payment Methods.

To use Subira paid services you must provide one or more Payment Methods. You can update your Payment Methods by going to the "Billing" page. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.


Cancellation. 

You can cancel any Subira subscription at any time, and you will continue to have access to the Subira features of the subscription through the end of your monthly billing period. We do not provide refunds or credits for any partial-month membership periods or unwatched Subira subscriptions. To cancel, go to the "Billing" page within "Settings" on our website and follow the instructions for changing or downgrading your plan to the free option.


Changes to the Price and Subscription Plans.

We reserve the right to change our subscription plans or adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes or changes to your subscription plan will take effect following notice to you.

No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.


Disclaimer

YOUR USE OF THE Subira SERVICE AND ITS CONTENT IS AT YOUR SOLE RISK. THE SERVICE AND ITS CONTENT EACH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUPPLIERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THE COMPREHENSIVENESS, CORRECTNESS, LEGALITY, OR ACCURACY OF THE SERVICE OR SERVICE CONTENT OR THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. ANY MATERIAL THAT YOU ACCESS OR OBTAIN THROUGH OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH OUR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM OUR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

Subira DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE CONTENT ON THE WEBSITE OR PLATFORM IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE Subira MAKES REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION, USERS SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE CONTENT CONTAINS ALL RELEVANT INFORMATION. WE UNDERTAKE NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

Subira DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICES, INCLUDING CUSTOMER INFORMATION, AND ANY CONTENT OR SERVICES PROVIDED BY THIRD PARTIES. Subira DOES NOT CONTROL OR VET CUSTOMER INFORMATION AND IS NOT RESPONSIBLE FOR WHAT CUSTOMERS POST, TRANSMIT, OR SHARE ON OR THROUGH THE SERVICES. Subira EXPRESSLY DENIES ANY RESPONSIBILITY RESULTING FROM HACKING, TAMPERING, OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SERVICES OR THE INFORMATION CONTAINED THEREIN AS WELL AS ACCOUNT AND CUSTOMER INFORMATION.

Any rights not expressly granted herein are reserved by us.



Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE Subira PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) USE OF THE SITE; (II) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (V) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, (VII) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SITE (VIII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE Subira PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VIII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TOU OR OUR PRIVACY POLICY. DESPITE THE ABOVE, OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION YOU TAKE AGAINST US WILL AT ALL TIMES BE LIMITED TO NO MORE THAN ONE HUNDRED Canadian DOLLARS ($100.00).


Indemnity

You will indemnify and hold us, our suppliers and licensors, and our respective subsidiaries, affiliates, officers, agents, employees, representatives, and assigns harmless from any costs, damages, expenses, and liability caused by your use of the Services and Service Content, your violation of these Terms, or your violation of any rights of a third party through use of the Services or Service Content.


Privacy

Your use of the Site is also governed by our Privacy Policy. Please read this document carefully.


Canceling your account

Your Subira Premium Account will continue in effect unless and until you cancel your Premium Account or we terminate it. You must cancel your Premium Account before it renews each month or year in order to avoid billing of the next month's or year's fees to your credit card. Subira will bill the monthly or yearly fees associated with your Premium Account to the credit card you provide to us during registration (or to a different credit card if you change your account information). Subira Premium Accounts are prepaid and are non-refundable. Subira does not provide refunds or credits for any partial months or years. You may cancel your Subira Premium Account at any time, and cancellation will be effective immediately but you will retain access to the features that came with your Premium Account through the remainder of the period already paid.

If you wish to cancel your Premium Account you may do so via your "Account Settings > Billing" page. If you decide to cancel your Premium Account, please note that you will not receive a refund for current and previously charged monthly fees. By signing up for a Subira Premium Account and providing Subira with your payment account information, you hereby agree to these payment terms and conditions.


Termination

You may terminate your use of the Site at time by discontinuing any further use of the Site. We may terminate your use of the Site and deny you access to the Site in our sole discretion for any reason or no reason, including your violation of these Terms.


Modifications to the Terms of Use.

We may, at any time and for any reason make changes to the TOU. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of the TOU will be posted on the Site and you should regularly check for the most recent version. The most recent version is the version that applies. If you continue to use the Site after the changes become effective, then you shall be deemed to have accepted those changes. If you don’t agree to these changes, you must cease using the Site.


Copyright

No portion of this site may be reproduced without the express written consent of Macroplant. Third party content linked from the Subira site is the responsibility of the linked site. All logos and product names are trademarks of their respective owners. Information may be changed or updated without notice. Macroplant may make improvements and/or changes in the materials contained in or described on this site at any time without notice. All information contained on this site is copyrighted.


How to Contact Us

If you have any questions about the Terms of Service, please contact Subira at 37 Summerville Drive Lower Sackville Nova Scotia, B4C 2M84, Canada or support@Subirapro.com.

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