Introduction and Acceptance of Terms

Welcome to Subba Inc. ("Subba," "we," "our," or "us"). These Terms of Use ("Terms") govern your access to and use of Subba's website, mobile application, and services, including our subscription management tools, payment services, and the Sub-now-pay-later (SNPL) product (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services. Please read these Terms carefully, as they contain important information about your legal rights, remedies, and obligations.

Definitions

• "Account" means a Subba account created by a user to access and use the Services.
• "Content" means text, graphics, images, music, software, audio, video, information or other materials.
• "Subba Card" refers to the virtual card generated through our integration with Stripe API.
• "SNPL" means our Sub-now-pay-later feature, which allows users to subscribe to services and pay for them over time.
• "User," "you," and "your" refer to any individual or entity using our Services

Description of Services

• Subscription Management: Subba provides tools to help users track and manage their subscriptions to various services. We use Plaid to review users' bank or credit card statements to collate recurring expenses
• Payment Services: Through our integration with Stripe API, we offer payment processing services, including the generation and use of the Subba Card
• Sub-now-pay-later (SNPL): Our SNPL feature allows users to subscribe to services and pay for them over time, subject to our credit assessment and approval process.

Account Registration and Security

• Eligibility: You must be at least 18 years old and capable of forming a binding contract to use our Services. By using the Services, you represent and warrant that you meet these requirements.
• Account Creation: To access certain features of the Services, you must create an Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete
• Account Security: You are responsible for safeguarding your Account credentials and for any activities or actions under your Account. You agree to notify Subba immediately of any unauthorized use of your Account or any other breach of security

User Responsibilities and Conduct

• Compliance with Laws: You agree to comply with all applicable laws, regulations, and third party agreements when using the Services.
• Prohibited Activities: You agree not to engage in any of the following prohibited activities:
  • Violating any applicable laws or regulations
  • Infringing on the intellectual property rights of others
  • Attempting to gain unauthorized access to the Services or other users' accounts
  • Using the Services for any fraudulent or illegal purposes
  • Interfering with or disrupting the integrity or performance of the Services

Privacy and Data Protection

• Privacy Policy: Our collection and use of personal information in connection with the Services is governed by our Privacy Policy, which is incorporated into these Terms by reference.
• Data Processing: By using our Services, you consent to the collection, processing, and sharing of your personal and financial information as described in our Privacy Policy and as necessary to provide the Services
• Third-Party Services: Our Services integrate with third-party services such as Plaid and Stripe. By using our Services, you authorize us to access and share your information with these third-party services as necessary to provide the Services

Intellectual Property Rights

• Ownership: The Services and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms, Subba and its licensors exclusively own all right, title, and interest in and to the Services and Content, including all associated intellectual property rights.
• License: Subject to these Terms, Subba grants you a limited, non-exclusive, nontransferable, and revocable license to use the Services for your personal, non-commercial use.

Payment Terms

• Fees: You agree to pay all fees or charges associated with your use of the Services in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable.
• Payment Method: You must provide Subba with a valid payment method for payment of all fees. By providing a payment method, you authorize Subba to charge you for all fees associated with your use of the Services.
• Recurring Billing: For subscription services, you authorize Subba to charge you on a recurring basis until you cancel your subscription or terminate your Account.
• Taxes: You are responsible for paying all taxes associated with your use of the Services.

Sub-now-pay-later (SNPL) Terms

• Eligibility: Use of the SNPL feature is subject to credit approval. Subba reserves the right to perform credit checks and obtain consumer reports to determine eligibility.
• Repayment Terms: When using SNPL, you agree to repay the subscription cost according to the payment schedule presented at the time of purchase.
• Late Payments: Failure to make timely payments may result in late fees, account suspension, or termination of the SNPL feature.
• Cancellation: Cancellation of a subscription obtained through SNPL does not relieve you of your obligation to pay any remaining balance.
• Account Deletion: Account deletion is not allowed until you complete all your obligation to pay any remaining balance obtained through SNPL.

Third-Party Services and Content

• Third-Party Services: The Services may contain links to third-party websites or services that are not owned or controlled by Subba. Subba has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services.
• Plaid Services: By using our Services, you acknowledge and agree to Plaid's End User Privacy Policy and authorize Subba to access your financial information through Plaid
• Stripe Services: Stripe provides our payment processing services. By using these services, you agree to be bound by Stripe's Services Agreement

Disclaimer of Warranties

• AS IS: THE SERVICES ARE PROVIDED ON AN "AS IS" AND "`AS AVAILABLE"` BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, OR COURSE OF PERFORMANCE.
• No Guarantee: Subba does not warrant that:
  • the Services will function uninterrupted, secure or available at any particular time or location;
  • any errors or defects will be corrected;
  • the Services are free of viruses or other harmful components; or
  • the results of using the Services will meet your requirements.

Limitation of Liability

• Limitation: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SUBBA, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES; (III) ANY CONTENT OBTAINED FROM THE SERVICES; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Indemnification

• You agree to defend, indemnify and hold harmless Subba and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Services, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Services.

Governing Law and Dispute Resolution

• Governing Law: These Terms shall be governed and construed in accordance with the laws of Delaware, United States, without regard to its conflict of law provisions.
• Arbitration: Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Wilmington, Delaware, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.
• Waiver of Class Action: You agree that any arbitration or proceeding shall be limited to the dispute between us individually. To the full extent permitted by law, (a) no arbitration or proceeding shall be joined with any other; (b) there is no right or authority for any dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (c) there is no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Changes to Terms

• Subba reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Termination

• Termination by Subba: We may terminate or suspend access to our Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
• Termination by You: You may terminate these Terms at any time by discontinuing use of the Services and deleting your account.
• Effect of Termination: Upon termination, your right to use the Services will immediately cease. If you wish to terminate your account, you may simply discontinue using the Services.

Contact Us

• If you have any questions about these Terms, please contact us at [email protected]. By using the Services, you acknowledge that you have read and understood these Terms and agree to be bound by them.

Last updated: February 1, 2025