Terms of Use (Canada)

Welcome to Cubeler.com (the “Website”), the website for Cubeler Inc. (“Cubeler”), the owner and operator of the Cubeler Business Hub. By accessing the Website or using the Cubeler Business Hub, the Services (as defined below) or the software or other services made available to you from time to time by Cubeler (collectively, the “Cubeler Business Hub”), or by registering your business to use our software and Services, you agree to be bound by these Terms of Use (Canada) (the “Terms”) and to use the Cubeler Business Hub in the way and for the purposes that it was intended and only in accordance with these Terms. If you do not agree to be bound by these Terms, please exit the Cubeler Business Hub, do not register your business on the Cubeler Business Hub, and do not download, install, or use any of our software and Services in any way.

By accessing the Cubeler Business Hub or registering for the Services, you certify that you are at least eighteen (18) years old, that you are a Canadian resident, and that you have the legal authority to bind or act on behalf of the business connected to the Cubeler Business Hub.

The Cubeler Business Hub was created to help small and medium-sized business owners (“SMEs”) to try and find the credit solutions they need, gain market insight, interact with other businesses, advertise, and grow their businesses. The Cubeler Business Hub includes, among other services, a loan matching and referral service that brings together business owners and a variety of lenders (the “Platform Lenders”) who are interested in exploring possibilities to lend to them. The Platform Lenders enter their lending criteria into their Cubeler accounts while Cubeler uses a downloadable software agent (the “Cubeler-Link”) to retrieve the SME’s businesses’ data directly from their accounting software. Cubeler analyses data from the Platform Lenders and data from the SME’s businesses and matches the Platform Lenders’ lending criteria with all the SMEs’ businesses that match those criteria. Cubeler then shows each SME business owner all of its loan offer matches (its “Prequalified Offers”), if any. Once presented with their Prequalified Offers, Cubeler registered businesses can review and compare the details of their Prequalified Offers and are given the option to contact the related Platform Lenders or apply for the Prequalified Offers that they are interested in (the services described in this paragraph are hereinafter referred to as the “Services”).

Completion of the registration process will imply that you have read and accepted these Terms, constituting a legally binding agreement (the “Agreement”) between you and us (“us”, “we” and “Cubeler” means Cubeler Inc. hereinafter), that you have downloaded and installed the Cubeler-Link™, and that you have provided the information requested to complete the process. You will thereafter be entitled to receive the Services and any additional services we may develop in the future for registered users. You agree, represent, and warrant that all information you provide to us about yourself and the business, upon registration and from time to time in connection with the use of the Cubeler Business Hub, will be true, accurate, current, and complete, as we will rely on this information to provide the Services. You are required to keep all such information up-to-date and accurate.

If you invite someone to access the Cubeler Business Hub or to register for the Services, you represent and warrant that you do so with the consent and the permission of that person. You may register an account for a business that you are not the business owner or principal of. However, if you do so, you represent and warrant that you have been authorized and directed by the business’ owner(s) and/or principal(s) to register the account, that you have shared all usernames, passwords, and access credentials with the authorized representatives of the business and that you have provided us with the business contact information of at least one such authorized representative of the business.

There are currently no fees to register your business on Cubeler. When you receive a prequalified offer, You can then review your offers and you can choose to contact a Lender that has made a prequalified offer to then explore taking the conversation with a Lender one step further. Cubeler does not guarantee that Lenders or SMEs, alike, will choose to advance the conversation beyond the Prequalified Stage. The Prequalified Stage is defined as the point when a match happens when comparing a Lenders Prequalifying criterion for a specific credit product, with an SME’s financial realities.

By registering for an account and using the Cubeler Business Hub, you accept all responsibility for maintaining your username, password, account details, and all information required in connection with your access and use of the Cubeler Business Hub confidential and up to date, for controlling and limiting access to your account and any other user accounts created under and associated with your account, and for all activities that occur under your account and any other user accounts associated with your account. We may suspend or terminate your account, including all user accounts associated with your account, or your use of the Cubeler Business Hub or otherwise deny you access to the Cubeler Business Hub at any time without notice and for any reason, including, without limitation, if we suspect that information you have provided is untrue, inaccurate, offensive, not current, or incomplete. You agree that we will not be liable to you or any third party if we suspend or terminate your access to the Cubeler Business Hub for any reason.

You agree to notify us immediately of any unauthorized access to or use of your account or any other user accounts associated with your account.

By registering on the Cubeler Business Hub, you authorize us (i) to retain a copy of all information received from you, the Cubeler-Link™, or third parties, about you and your business, including, but not limited to, your name, and business address (collectively, your “Personal Information”), all other information you submit through the registration process, information periodically collected by the Cubeler-Link™, information that you submit to us from time to time, either directly or indirectly, information that you authorize us, from time to time, to collect from third parties or information you share with other registered users via the Cubeler Business Hub (collectively and including your Personal Information, the “Registered User Data”), and (ii) to use the Registered User Data for the purposes of providing the Services and for the other purposes set out in the Cubeler Business Hub and in the Cubeler Privacy Policy.

We provide Platform Lenders with the ability to enter their specific lending criteria into their Cubeler accounts to view the registered businesses that match their specific criteria based on information taken directly from the businesses’ accounting software. As a result, your Prequalified Offers, as a registered Cubeler user, are based on information taken from your business’ accounting software and lending criteria provided by each of the Platform Lenders. We cannot guarantee that your business will meet the lending criteria of any of the Platform Lenders, nor can we guarantee that you are presented with at least one Prequalified Offer during the time your business is registered on Cubeler. However, as your business’ operational data is in constant evolution and the Cubeler-Link™ retrieves information from your accounting software on a periodic basis and Cubeler constantly re-assesses the data to see whether or not it meets the lending criteria of the Platform Lenders. As the Platform Lenders have the ability to modify, amend, or otherwise make changes to their lending criteria, whether or not you receive Prequalified Offers, the number of Prequalified Offers, and the terms of the Prequalified Offers you receive may vary on a periodic basis. Since your Prequalified Offers depend in part on current and accurate information taken from your business’ accounting software, it is therefore your responsibility to ensure that the information in your business’ accounting software is accurate and up-to-date. We request that your business’ accounting data be updated as frequently as it may be possible, otherwise Cubeler may not be able to perform the necessary analysis to match your business’ data with our Platform Lenders’ lending criteria and present you with any Prequalified Offers. The more current and up-to-date your business’ accounting data is kept, the more likely you are to be presented with Prequalified Offers from the Platform Lenders.

You have the option to apply for each and every Prequalified Offer you receive through the Cubeler Business Hub. However, please note that we are not representatives of the Platform Lenders and cannot submit a Prequalified Offer request to any Platform Lender on your behalf. If you decide to apply for a Prequalified Offer you receive through the Cubeler Business Hub, your interest will be directed to the Platform Lender. In turn, the Platform Lenders, at their sole discretion, may choose to enter into a further conversation with the You regarding a Prequalified Offer. Any Prequalified Offer you receive through the Cubeler Business Hub will respect the lending criteria entered on the Cubeler Business Hub by the Platform Lender behind the Prequalified Offer. We do not guarantee that the Platform Lender in question will approve a loan request submitted based on a Prequalified Offer presented through the Cubeler Business Hub. The Platform Lenders have absolute and sole discretion to approve or decline any, and all loan requests submitted to them, whether the submitted requests were referred to them by Cubeler or any other source. We are not responsible for the accuracy or completeness of the lending criteria information entered into the Cubeler Business Hub by the Platform Lenders. The Platform Lenders have absolute and sole discretion to modify, amend, or otherwise make changes to their lending criteria at any time and without notice, which may impact any Prequalified Offers you may receive.

The Cubeler Points^TM program (“Points Program”) is designed to help you get the most out of your use of the Cubeler Business Hub and its Services. Any Cubeler Points^TM earned by you will be attributed to the business with which your account is associated. Cubeler Points^TM may be earned by each business registered in the Cubeler Business Hub by accomplishing objectives or tasks, as described in more detail in the Cubeler Business Hub. These objectives and tasks may change from time to time, as may the Cubeler Points^TM attributed thereto.

Cubeler Points^TM may be redeemed to take advantage of certain program rewards, including, among other things, opportunities to advertise your business within the Cubeler Business Hub at no additional cost and access to market insight reports (“Rewards”). Cubeler Points^TM are redeemable only in the Cubeler Business Hub. Cubeler Points^TM are not redeemable for cash. We reserve the right to modify the Rewards offered, including the number of Cubeler Points^TM needed to redeem any Reward, at any time.

Cubeler Points^TM will expire 36 months from the date they were first earned. If you do not redeem Cubeler Points^TM within this time frame, you will forfeit all such Cubeler Points^TM. Your Cubeler points page lists your Cubeler Points^TM balance history, which displays the dates on which your points were earned.

Cubeler Points^TM may be taxable, depending on the value of the item and the federal, provincial, and local tax laws applicable to you. You are solely responsible for reporting such items on your tax returns, if required, and paying any associated tax liability. You may not assign or transfer any Cubeler Points^TM.

We may, in our sole and absolute discretion, cancel, change, suspend, or modify any aspect of the Points Program and/or any Reward at any time, including the availability of any Reward. We may, in our sole and absolute discretion, terminate or suspend your participation in the Points Program for breach of these Terms, or for taking any actions that are inconsistent with the intent of these Terms.

Your use of the Cubeler Business Hub is subject to all applicable local, provincial, and federal laws and regulations. You may only access and use the Cubeler Business Hub for lawful purposes. You may not use the Cubeler Business Hub for the purposes of committing or furthering fraudulent acts or for committing any acts that would or may lead to civil and/or criminal liability.

You agree not to use, allow or enable others to use the Cubeler Business Hub in any manner that is, attempts to, or is likely to:

• be illegal, unlawful, fraudulent, defamatory, libelous, indecent, discourteous, malicious, threatening, offensive, profane, obscene, racially or ethnically offensive, harassing, abusive, pornographic, discriminatory, immoral, or in any such manner which any reasonable person would consider objectionable on grounds of a good conscience;

• affect us adversely or reflect negatively on us, the Cubeler Business Hub, our goodwill, name, or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Cubeler Business Hub, or from advertising, linking, or becoming a supplier to us in connection with the Cubeler Business Hub;

• send or result in the transmission of junk email, chain letters, duplicative or unsolicited messages, promotions, advertising (including informational announcements), solicitations, or so-called “spamming” and “phishing”; or

• transmit, distribute, or upload content or programs that contain any viruses, Trojan horses, malware, spyware, worms, corrupted files, or other disabling devices, material, software, or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information.

You also agree not to use any means to restrict or prevent another user from accessing or enjoying the Cubeler Business Hub, and not to sell, pledge, sublicense, assign or otherwise deal with the Cubeler Business Hub or any software belonging to us in a manner that infringes upon or misappropriates any copyright, patent, trademark, trade secret, publicity rights or other intellectual property or proprietary rights of Cubeler or any third party.

Furthermore, you agree not to attempt to gain unauthorized access to the Cubeler Business Hub or to any other user’s accounts, computer systems, or networks through password miming, keystroke logging, hacking, or any other means. We reserve the right to remove any material and/or content that, in our sole discretion, is in breach of these Terms and to suspend or terminate your account and any accounts associated with it in the event of such breach.

Unless you have been specifically permitted to do so in a separate agreement with Cubeler, you agree that you will not reproduce, duplicate, copy, sell, trade, or resell the contents, the intellectual property of Cubeler, and the Services for any purpose.

We reserve the right to update, modify, improve and otherwise make changes to the Cubeler Business Hub from time to time, at any time and without prior notice. However, whenever such changes are made and are deemed, in Cubeler’s sole discretion, to have a significant impact on the Services, we will notify you within ten (10) business days of the date on which the changes took effect by sending an email to the primary email address specified for your account.

We may also limit the geographic locations or jurisdictions where the Cubeler Business Hub may be available.

By downloading and installing the Cubeler-Link™ and/or any other downloadable items made available to you through the Cubeler Business Hub, you consent to the download of, updates to, and software installation to your computer and you accept our terms of use then in effect for the downloadable item(s).

The Cubeler Business Hub may include blogs, bulletin boards, and user comment services, chat areas, rating systems, news groups, and other forums designed to enable you to communicate with and share information with other users (the “User Communication Features”). You understand that the User Communication Features are an integral part of the Cubeler Business Hub and that by accessing and using the Cubeler Business Hub you may, despite our best efforts, be exposed to content that is offensive, indecent, or objectionable. You agree to use the User Communication Features and Message Boards only to post, send and receive messages and materials that are proper and, where applicable, related to the particular subject matter for which the User Communication Features are provided. We reserve the right to remove any material and/or content that, in our sole discretion, is in breach of these Terms and to suspend or terminate your account and any accounts associated with it in the event of such breach.

You grant us a non-exclusive, transferable, perpetual, irrevocable, royalty-free, worldwide license to publish and communicate to the public any material you submit to us in any format, including without limitation print and electronic format. You warrant that any material you submit is your own original work and that you own the copyright and any other relevant rights.

The Cubeler Business Hub will include articles, reports, market insights, editorials, and other content that are aimed to be of interest to members of the Cubeler Business Hub. While we will endeavour to provide fair and accurate content in the Cubeler Business Hub, we make no representations as to its accuracy and validity. Where such content is produced or published by a third party, we will, where known, include web links or other means to identify and track the source of such content. In the event that you believe any such content is inaccurate or otherwise does not conform with the principles set forth in these Terms, we ask that you communicate your concerns to us at support@cubeler.com.

You may not use any content published by us, any of our affiliates, or any third parties except for the purpose for which it was intended. No such content may be copied, reproduced, or republished without the express written consent of an authorized representative of Cubeler, which may be withheld at our sole discretion.

You may not access or use the Cubeler Business Hub to violate the security or integrity of our network, computer, or communications system, or software applications. This includes, without limitation, attempting to obtain unauthorized access to attempt to probe, scan, or test the vulnerability of a system or its security or authentication measures, to intercept data or traffic, and forging TCP-IP packet headers, email headers, or any part of a message describing its origin or route.

You may not access or use the Cubeler Business Hub to make or attempt to make network connections to any users, hosts, or networks unless you have permission to communicate with them as part of the User Communication Features and Message Boards of the Cubeler Business Hub. This includes, without limitation, monitoring or crawling of a system that impairs or disrupts the system being monitored or crawled, denial of service attacks, intentional interference with a system, including any deliberate attempt to overload a system by mail bombing, news bombing, broadcast attacks, or flooding techniques, operating network services like open proxies, open mail relays, or open recursive domain name servers and using manual or electronic means to avoid any use limitations placed on a system, such as access and storage restrictions.

We may report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties. Our reporting may include disclosing confidential information to the extent we deem it necessary, in our sole discretion, to comply with applicable law. We also may cooperate with applicable law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations of these Terms.

At this time, the Cubeler Business Hub is made available to individuals and businesses located in Canada only. You are not permitted to register for, access, or use the Cubeler Business Hub in any jurisdiction outside of Canada which could or which may subject us to the laws of, or any registration requirement with, such jurisdiction. We control and operate the Cubeler Business Hub from Canada, and we make no representations or warranties that the Cubeler Business Hub is appropriate for access or use in other jurisdictions.

There may be links within the Cubeler Business Hub to third-party sites or applications or the Cubeler Business Hub may include third-party content that we do not control, maintain or endorse (all such sites or applications and third-party content, collectively “Third-Party Content”). You expressly acknowledge and agree that we are in no way responsible or liable for any Third-Party Content, including, without limitation, any damages, losses, failures, or problems caused by, related to, or arising from such Third-Party Content. Your correspondence and business dealings with third parties, including with respect to Prequalified Offers made by Platform Lenders, the Prequalified loan offer applications you complete and submit to Platform Lenders, and any terms, conditions, policies, representations, or warranties associated with such business dealings, are solely between you and the third party. You should review all of the relevant terms, conditions, policies, representations, or warranties associated with such Third-Party Content, including any privacy policies and terms of service that may be on a third-party site or application that you visit or use. We disclaim any harm, including, without limitation, the harm related to your Personal Information, that may arise out of or related to your access to or use of Third-Party Content, including Third Party Content that is available on or through the Cubeler Business Hub.

Our Cookies Policy was last updated on April 15, 2025

This Cookies Policy explains what Cookies are and how We use them. You should read this policy so You can understand what type of cookies We use, or the information We collect using Cookies and how that information is used.

Cookies are small text files, which often include a unique identifier that is sent by a web server to your computer, mobile phone, or any other internet-enabled device (“device”) when You visit a website. Cookies are widely used in order to make websites work efficiently and help provide Us with business and marketing information to enable Us to make informed decisions on the development of Our website.

Cookies do not typically contain any information that personally identifies a user, but personal information that We store about You may be linked to the information stored in and obtained from Cookies. For further information on how We use, store, and keep your personal data secure, see our Privacy Policy.

We do not store sensitive personal information, such as mailing addresses, account passwords, etc. in the Cookies We use.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this Cookies Policy:

• “Company” (referred to as either "the Company", "We", "Us" or "Our" in this Cookies Policy) refers to CUBELER INC.

• “Cookies” means small files that are placed on Your computer, mobile device or any other device by a website, containing details of Your browsing history on that website among its many uses.

• “Website” refers to Cubeler Business Hub, accessible from https://www.cubeler.com

• “You” or “Your” refers to the individual accessing or using the Website, or a company, or any legal entity on behalf of which such individual is accessing or using the Website, as applicable.

What Cookies We Use and Why

Cookies can be "Persistent" or "Session" Cookies. Persistent Cookies remain on Your personal computer or mobile device when You go offline, while Session Cookies are deleted as soon as You close Your web browser.

We use both session and persistent Cookies for the purposes set out below:

• Necessary / Essential Cookies

Type: Session Cookies

Administered by: Us

Purpose: These Cookies are essential to provide You with services available through the Website and to enable You to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these Cookies, the services that You have asked for cannot be provided, and We only use these Cookies to provide You with those services.

• Cookies Policy / Notice Acceptance Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies identify if users have accepted the use of cookies on the Website.

• Functionality Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These Cookies allow us to remember choices You make when You use the Website, such as remembering Your login details or language preference. The purpose of these Cookies is to provide You with a more personal experience and to avoid You having to re-enter Your preferences every time You use the Website.

• Tracking and Performance Cookies

Type: Persistent Cookies

Administered by: Third-Parties

Purpose: These Cookies are used to track information about traffic to the Website and how users use the Website. The information gathered via these Cookies may directly or indirectly identify You as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device You use to access the Website. We may also use these Cookies to test new advertisements, pages, features, or new functionality of the Website to see how our users react to them.

Contact Us

If you have any questions about this Cookies Policy, You can contact us:

• By visiting this page on our website: Contact Us

• By sending us an email: support@cubeler.com

Materials on and relating to the Cubeler Business Hub, including the content of the Cubeler Business Hub, the Cubeler logo, the trade names used on the Cubeler Business Hub and any other downloadable items made available to you on the Cubeler Business Hub, are protected by copyright, trade-mark and other intellectual property laws. Subject to your ownership of your Registered User Data, we reserve all rights in and to such materials and do not grant you any right in such materials. You will not make, store, download, transfer, sell, reproduce, redistribute, transfer to any other server, modify, reverse engineer or copy the Cubeler Business Hub or any other downloadable items made available on the Cubeler Business Hub, or any content therefrom without our express prior written consent. You will also take all reasonable steps to prevent any unauthorized use, copying or transfer of materials on or relating to the Cubeler Business Hub.

By using the Cubeler Business Hub, you acknowledge that Cubeler and its licensors, suppliers and Lender Partners own both the proprietary rights as well as the intellectual property rights to all URLs, materials, products, web content, webpage designs, webpage layouts, images, text, tools, utilities and software that make up the Cubeler Business Hub. The technical procedures, processes, concepts and methods of operation that are inherent within the Cubeler Business Hub constitute trade secrets. Your usage of the Cubeler Business Hub does not constitute a sale or transfer of any intellectual property rights to you from us, and Cubeler, its licensors, suppliers and the Platform Lenders shall retain all of their respective intellectual property rights. Without any prejudice to the foregoing, your Registered User Data, including any information or data you provide or share in the use of the User Communication Features shall at all material times remain your property.

By submitting, posting or displaying Registered User Data on or through the Cubeler Business Hub, you grant us a perpetual, non-exclusive, transferable, unlimited, worldwide, irrevocable, sub-licensable and royalty-free license to publish, host, copy, distribute, modify, create derivative works from, reproduce, display, perform, transmit, process or otherwise use in any manner whatsoever and in all formats or distribution methods now known or developed hereafter, all or any portion of the Registered User Data (to the exception of your Personal Information which shall be used in accordance with our Privacy Policy) for the purposes of providing, optimizing, improving and promoting the Cubeler Business Hub. You agree to grant us this license without any obligation or compensation to you other than providing you with the Services as long as you remain a registered user. You further agree this license includes the right for us to publish the Registered User Data in a searchable format that may be accessed by the Platform Lenders.

You are permitted to use the intellectual property of Cubeler only on the Cubeler Business Hub and you may not copy, reproduce, distribute, republish, display, post or transmit in any form (including, without limitation, linking to or mirroring) the intellectual property of Cubeler without our express prior written consent.

The Cubeler Business Hub may also display company, product, and service names and logos that are trademarks or service marks owned by the Platform Lenders or other business partners (the “Partner IP”). Nothing in the Cubeler Business Hub grants you, by implication or otherwise, any license or right to use copy, display, distribute, modify, or reproduce any of the Partner IP.

Use of the Cubeler Business Hub, any downloadable item(s), and any content and any materials obtained through your use of the Cubeler Business Hub is at your own risk. We may discontinue or make changes to the Cubeler Business Hub, any downloadable item(s), or any content at any time without any liability to you or any third party. None of Cubeler or its affiliates or any of their respective shareholders, directors, officers, employees, agents, or representatives (“Cubeler Stakeholders”) undertake any obligation or responsibility to update or amend any content or other information published through the Cubeler Business Hub.

We provide the Cubeler Business Hub, any downloadable item(s), and any content “as is”, “as available”, and “with all faults”, and neither we nor the Cubeler Stakeholders make any warranties about the reliability, accuracy, or usefulness of the Cubeler Business Hub, any downloadable item(s), and any content, or about the security associated with the transmission or storage of information in, to, or from us or via the Cubeler Business Hub. The Cubeler Stakeholders further make no representations, warranties, or endorsements that: (i) the Cubeler Business Hub will meet your requirements; (ii) the Cubeler Business Hub will be uninterrupted, timely, secure, or error-free; (iii) the quality of the Cubeler Business Hub, any downloadable item(s), and any content, information, or other material obtained by you through the Cubeler Business Hub will meet your expectations; or (iv) an errors in technology will be corrected.

Further, the Cubeler Stakeholders disclaim all other warranties relating to the Cubeler Business Hub, any downloadable item(s), or any content, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement, except to the extent that such warranties are required by applicable law.

With respect to the lending / financing / match-making services offered in connection with the Cubeler Business Hub, you acknowledge that we are solely an intermediary between you and the Platform Lenders. You also acknowledge that the Prequalified offers are presented to you on the Cubeler Business Hub are largely based on data that comes from you and the platform lenders and that we have no control over said data. The Cubeler Stakeholders do not independently validate this information and expressly disclaim any liability for any errors or omissions in the analysis of the financial situation of the business or prequalified offers presented to you on the Cubeler Business Hub, including, without limitation, the inaccuracy or incompleteness of such analysis or Prequalified offers, the availability or legality of any such analysis or Prequalified offers, or any technical inaccuracies or typographical errors contained in such analysis or Prequalified offers.

You hereby agree to release and forever discharge the Cubeler Stakeholders from any and all claims, complaints, costs, losses, and other liabilities of any nature whatsoever, including, without limitation, lost profits and indirect, consequential, exemplary, incidental, special, and punitive damages (each, a “Claim”), whether known or unknown, which now or hereafter arise from, relate to, or are connected with (i) these Terms, (ii) the use of the Cubeler Business Hub, any downloadable item(s), or any content connected therewith, including third party content, (iii) viruses, spyware, service provider failures, or internet access interruptions, (iv) loss of use, loss of data, error, inaccuracy of data, payment failure, payment defect, downtime, identity theft, fraud, or unauthorized access, (v) any information, document, materials, tools, utilities, product, or data that relates to the used of the Cubeler Business Hub, (vi) someone other than you or a duly authorized representative of your business using your user name, password, or account, either with or without your consent or knowledge, or (vii) an activity that occurs on or through your account, whether or not you were directly or personally responsible for such activity, in each case whether such claim is based in contract, tort, or otherwise, even if Cubeler has been advised of the possibility of such claim, or such claim was reasonably foreseeable and notwithstanding the sufficiency or insufficiency of any remedy provided for herein. Access to, and use of, the Cubeler Business Hub, any downloadable item(s), and any content is at your own discretion and risk, and you will be solely responsible for any damage, misuse, error, or loss of data arising from such access and use.

Notwithstanding anything to the contrary contained herein, our liability to you for any damages for any Claims will at all times be limited to the amounts you have paid us in the twelve months prior to the date the event giving rise to the Claim occurred (if any), up to a maximum of CAD$200. The existence of more than one Claim will not increase this limit.

You further agree that the Platform Lenders will have no liability of any kind arising from or relating to these Terms.

You agree to defend (if requested by us), indemnify, and hold harmless the Cubeler Stakeholders from and against any and all Claims, including attorneys’ fees and costs, incurred by the Cubeler Stakeholders in connection with any Claim by a third party arising out of or in any way related to (a) your use of the Cubeler Business Hub, (b) your violation or alleged violation of these Terms, including, without limitation, your violation or alleged violation of any applicable law, (c) your infringement or alleged infringement of any intellectual property or other rights of any other person or entity, (d) someone other than you or a duly authorized representative of your business using your user name, password or account, either with or without your consent and/or knowledge, (e) an activity that occurs on or through your account, whether or not you were directly or personally responsible. The Cubeler Stakeholders reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.

Cubeler will not be held liable for a delay or failure in performance of the Services caused by reason of any occurrence of an unforeseen event beyond its reasonable control, including but not limited to, acts of God, natural disasters, power failures, server failures, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, acts of violence, fire or other casualty, insurrections, pandemics, epidemics, legislative changes, any law, order or requirement of any governmental agency or authority, and governmental actions.

If any of the provisions of these Terms should be determined to be unenforceable the remaining provisions of these Terms shall survive and remain in full force and effect and continue to be binding and enforceable.

Except as otherwise set out herein, these Terms shall in all respects be governed by and interpreted, construed, and enforced in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein as applied to agreements entered into and to be performed entirely within Ontario, without regard to its choice of law or conflicts of law principles that would require the application of the law of a different jurisdiction. These Terms and any actions whatsoever taken by you in connection herewith and with the Cubeler Business Hub will be deemed to have been performed in Ontario, Canada. The parties hereto irrevocably submit and attorn to the exclusive jurisdiction and venue of the courts of the Province of Ontario, Canada, judicial district of Toronto.

Our failure to enforce any of our rights or to act with respect to a breach of these Terms by you or others does not constitute a waiver of any such rights and will not limit our rights with respect to such breach or any subsequent breaches. No waiver by us of any of the provisions in the terms of these Terms will be of any force or effect unless made in writing and signed by a duly authorized officer of Cubeler.

We grant you a non-exclusive, non-transferable limited license to access and use the Cubeler Business Hub and related resources in accordance with the terms of these Terms. You agree not to infringe our intellectual property and the intellectual property of any third parties with whom we have partnerships, and you will comply with the terms of any applicable license agreements.

You acknowledge that you must provide for your own access to the Internet and should ensure that the computer on which your business’ accounting software is installed has an uninterrupted connection to the Internet lasting at least thirty (30) minutes at least four (4) times per month, which the Cubeler-Link™ will require in order to retrieve your business’ accounting data. You should also update your business’ accounting data at least once a month, otherwise, Cubeler may not be able to perform the necessary analysis to match your business’ data with Platform Lenders’ qualifying criteria and present you with any Prequalified Offers.

You agree that any notices, disclosures, agreements, and other communications that we may deliver or communicate to you from time to time comply with the terms of any applicable electronic documents’ legislation, including the requirement that such documents be in writing, are capable of being retrieved, reviewed, printed and stored for further use by you.

We use cookies for various purposes including analytics and personalized marketing. By continuing to use the service, you agree to our use of cookies as described in the Cubeler Cookies Policy. For the Cookies Policy of our corporate website and, or our Cubeler Business Hub Cookies Policy, please consult the cookies section on this page.

The Cubeler Privacy Policy is hereby incorporated into these Terms and applies to the collection, use, disclosure, retention, protection, and accuracy of the information collected and received from you for the purposes of the Cubeler Business Hub. For our Privacy Policy, please click here.

We may terminate these Terms and your use of the Cubeler Business Hub at any time without notice, including, without limitation, if you breach any of the terms of these Terms. You may withdraw your consent to comply with these Terms at any time by contacting us at support@cubeler.com and by requesting that we close your Cubeler account. You will then be sent an email for confirmation that the account is being closed by the rightful account holder. Once you’ve provided the required confirmation, we will disable your account, which will be inactive and not accessible to anyone other than Cubeler’s authorized personnel. As we must comply with certain recordkeeping and information retention requirements, we may not delete all of your account information outright when you request to close your account. Except to the extent necessary for legal or regulatory recordkeeping purposes, your data will be anonymized and retained in our database.

We reserve the right to update, modify and otherwise make changes to these Terms from time to time, at any time, and without prior notice. We will however notify you within ten (10) business days of the date on which any modifications to these Terms were made, specifically indicating what changes/modifications were made. By continuing to access and use the Cubeler Business Hub after having received notice of a change/modification to these Terms, you are agreeing to be bound by the then-current version of these Terms.