Effective Date: July 24, 2023
These website Terms and Conditions (“Terms”) constitute a legal agreement and are entered into by and between you (“you” or “your”), the person accessing and using the Website and Fincentify Inc. doing business as Nyble (“ Nyble”, “Company”, “we”, “us”, or “our”).
These terms set forth the legally binding terms and conditions concerning your use of Nyble’s website (the “Website”) at nyble.com as well as services offered by Nyble either online, via telephone, or via mobile applications owned and operated by Nyble. The Website includes but is not limited to other sites, sub-domains, portals, and digital applications owned and operated by Nyble.
By using the Website, you agree to have read and are indicating your acceptance to be bound by these Terms and Conditions and our Privacy Policy located at nyble.com/privacy, which shall govern your access and use of the website and Nyble services. If you do not agree with one or more of these terms or the Privacy Policy, you must not access or use the Website.
We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. You agree to periodically review these Terms in order to be aware of any such modifications and your continued use shall constitute your acceptance of these modifications.
General Terms
Contact
If you have any questions or complaints about these Terms of Service or the Services, you can contact us:
Nyble Services
Nyble offers an interactive platform where you may obtain various financial products and services, some of which are provided by us and others are provided by our third party partners. These Services includes the following software, products, features, and functions made available through our Website (collectively, the “Services”):
Nyble Protect: monthly membership including digital protection, credit monitoring, credit reporting and budgeting tools.
A Nyble Protect membership costs $7.99 monthly after a 14-day free trial. You will be sent a reminder prior to the end of your 14-day trial. You may pause or cancel your membership at any time by submitting a cancellation request in the settings section of your account. If you enroll, you authorize Nyble to electronically debit your payment method for each month.
Credit Health: Access credit reports and scores from Equifax and TransUnion, along with educational content and analysis. Additional registration requirements may apply.
Credit Building: Subject to approval, Nyble provides a Line of Credit of up to $150.00 on demand to help establish and build credit history. Nyble reserves the right to determine your approval amount. There are no interest, late fees, or non-interest credit charges associated with the Line of Credit. A Nyble Protect membership does not guarantee approval and is not required to access the Line of Credit. Your credit scores are determined by many factors. Maintaining a Line of Credit may help build your credit history. Nyble is required to report both positive and negative payments. To keep your credit history in good standing, ensure that you meet each minimum payment. Please refer to your Line of Credit agreement for terms and conditions of your borrowing and repayment.
Access to Financial Product Offers: Nyble helps you access financial product offers from our partners, along with tools and tips to make an informed decision. These product offers are offered by third parties and you are responsible for evaluating the terms and conditions associated with these offers.
Debt Relief: Nyble provides consumers with a debt resolution service in partnership with third party financial counselors and financial partners. You agree that the use of the Nyble does not constitute financial or investment advice and should not be interpreted as such. To access financial counseling services, users can call a National Toll-Free number dedicated to Nyble users.
Optional Services: you may be asked for an optional tip or to enroll in other optional services. Tips and optional services are not mandatory and can be set to nil without impact to your account standing.
Third-Party Products, Sites & Links
This Website contains links to other websites that are not owned or controlled by Nyble, such as partners who provide personal loans, mortgages, insurance, or financial counseling services. You will need to make your own independent judgment regarding your interaction with any Third-party Sites, including the purchase and use of any products or services accessible through them. In no event shall any reference to any third party, third party product or service, be construed as an approval or endorsement by Nyble of that third party, third party product or service. Nyble is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that Nyble endorses or accepts any responsibility for the content or use of such websites, and You hereby release Nyble from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.
Insurance Products
All insurance products are subject to the limitations and conditions in the applicable policy or certificate of insurance in force at the time of purchase or enrollment, and applicable legislation. In providing recommendations and pricing of insurance products, we are relying on your disclosure to us.
Reward Points
To start earning points, you must sign up using a valid email address and phone number. Individuals must be over the age of 18 to be eligible. Only one account is available per user and you may not set up multiple accounts. Points may be earned when you refer a customer to Nyble, enroll in optional services, or partake in certain actions on the Website. Nyble points are redeemable via the redemption page.Points are only redeemable for accounts with up to date repayment status. Points have no cash or monetary value and cannot be converted into cash. The maximum number of points which can be redeemed in any calendar month is 200,000 points. Points are not transferable and may not be combined with other promotions. Redemption of points are subject to verification by Nyble. Nyble is not responsible for lost or stolen points. You are responsible for all taxes applicable. Nyble may cancel your accumulated points, suspend your benefits, or cancel your account at any time with immediate effect and without written notice, for any reason and at Nyble’s discretion. Your points will be canceled upon the cancellation of your membership. Nyble reserves the right to change the rewards program at any time.
Responsibility for Third Party Bank Fees
You, and not Nyble, are responsible for reviewing the terms of your bank account to understand your bank’s overdraft policy and the manner in which your bank posts banking transactions. You acknowledge and agree that you and not the Company, shall be solely responsible for any fees charged by your bank associated with overdrafts or non-sufficient funds events that occur when the Company debits your bank account for any payments due a payment requested through our Website. This means that you and not the Company are responsible for any overdraft fees, non-sufficient funds (including finance charges, late fees, or similar charges) that result from your failure to maintain available credit in your bank account that is sufficient to fund all payments that you authorize. The Company shall not, under any circumstances, be liable or responsible for any overdrafts, insufficient funds fees, or other bank fees incurred by you while using the Services.
Electronic Signature Consent (“E-Sign Consent”)
Your Electronic Signature Consent means that any disclosures, communications, or agreements shall have the same meaning in paper form. Your consent herein means that any electronic disclosures, communications, or agreements shall have the same meaning in paper form. By using our Service and clicking checkboxes or buttons such as “Apply”, “Submit”, “Confirm”, “Complete the Transaction”, “Pay”, “I Agree”, or similar buttons or check boxes indicating your acceptance and authorization, you are providing your electronic signature with the same effect as if your signature had been provided on paper. You are liable for the full amount of all transactions on your account. Subject to applicable law, you waive all defences you may have that Nyble’s Terms of Service and Privacy Policy that were provided to you in electronic form or that other agreements were obtained electronically.
You consent to receive communications electronically including notices, emails, and other communications in connection with your account with us. Nyble may contact you via SMS text message to the mobile telephone number that you have provided or may provide later to verify your identity. You agree to electronically accept and sign any agreements resulting from any services you opt in for, and transactions or purchases you make.You may withdraw your consent to receive electronic communications by contacting us. Withdrawing your consent will not affect the enforceability of any services, contracts, and products already provided or your payment obligations. Nyble reserves the right to deny your application for an account, restrict or deactivate your account.
Termination and Suspension
You may terminate any Nyble product or service, or this entire agreement any time by contacting Nyble. Nyble may suspend or terminate your access to the Services or terminate these Terms of Service at any time without notice to you for any or no reason whatsoever. Upon termination, your right to use the Services will cease immediately.
Limitations of Liability and Indemnity
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Nyble, its affiliates, and the irrespective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms of Service or your use of the Services, other than as expressly authorized in these Terms of Service.
No Warranty
You hereby acknowledge and agree that the Services are provided "as is" without warranty or condition of any kind. Access to, and use of, our Services is at your own risk. Neither Nyble nor any Nyble personnel makes any representation, warranty, or condition about the quality ,accuracy, reliability, completeness, currency, timeliness, merchant ability, fitness for a particular purpose, or non-infringement of intellectual property or related rights. Neither Nyble nor any Nyble personnel assumes any responsibility for any errors, omissions, or inaccuracies in the Services. To the fullest extent permitted by law, Nyble and Nyble personnel disclaim all warranties, representations, and conditions of any kind and any and all liability with respect to the Services whether express, implied or collateral, including, without limitation, implied warranties and conditions of merchant ability, fitness for a particular purpose, and non-infringement of intellectual property and related rights, or that the Services will meet any person's needs or will be available for use at any particular time or will be uninterrupted or error-free.
Intellectual Property Rights
Nyble hereby grants you a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license to (a) access the Website for the purpose of receiving the the Services in accordance with these Terms; and (b) access, view and print any information and documentation made available on the Website, for your personal, non-commercial and informational use only to assist you in the access and use of the Website and the Services. We may terminate this license at any time for any reason whatsoever.
No Reliance on Information
The content on the Website and other information which is displayed or provided to you is provided for general information only. It is not intended to amount to advice, including financial advice, on which you should rely. You should seek professional help before taking, or refraining from, any action on the basis of the content on the Website.
Severability
If any provision of these Terms of Service is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Force Majeure
You agree that we are not liable for a delay or failure in performance of the Services caused by reason of any occurrence of unforeseen events beyond our reasonable control, including but not limited to, acts of God, natural disasters, pandemics, power failures, server failures, third party service provider failures or service interruptions.
Language
These terms and conditions of use and all related documents have been drafted in the English language at the express request of the parties. Le présent document ainsi que tous documents s’y rattachant ont été rédigés en langue anglaise à la demande expresse des parties.
Governing Law
Any and all disputes arising out of or in connection with the Terms, or in respect of any legal relationship associated with or derived from the Terms, shall be governed by the substantive laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of law. You hereby consent and agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario and the Federal Court of Canada in any such action or proceeding and waive any objection relating to improper venue or forum non conveniens to the conduct of any proceeding in any such court. We offer our Services to select provinces and territories and reserves the right to limit the availability of our Services to any geographic area of jurisdiction.
