Terms of Use

Effective Date: January 1, 2022

Please read these terms and conditions carefully before using Our Service, Site or Platform. You agree to be bound by these Terms of Use. If you do not agree with any part of this Terms of Use policy, you must not use our Service and exit the website. These Terms of Use comprise a legal agreement between you (“you” or “your”), the person accessing and using the website and services provided by Fincentify Inc., operating as Nyble (“Fincentify,”“Nyble,” “we,” “us,” or “our”).

1.      Eligibility

You must be at least 18 years old and a resident of Canada to be eligible for our services. You represent that you are eligible to use the services. To access Nyble’s service you must have an active account in good standing.

 

2.      Nyble’s Service

Nyble collection of services hereby referred to as the “Services” include the following:

a)      Early Payroll Cash Advance: free cash advance service to help you cover short term expenses and avoid NSF fees.  

b)     Financial Wellness Assistant: personal financial management subscription which provide access to personal finance recommendations and alerts. Access to financial coach for 31 days to for personal finance advice.

2.1 Membership fee

There is a 14 day free trial to use Nyble. After the free trial period, Nyble charges $4.99 per month. With the membership you gain access to a financial coach and a personalized financial report. Nyble deducts the amount from the debit card you provide at the time of your application. You may pause or cancel your membership at any time by contacting us. The fee will be charged regardless of the status of your approval, however you may reconnect your bank account as many times as you wish.

2.2 Interest & fees

There is no interest and no fees to receive an standard advance within 3 business days through EFT.

There is a option to receive the advance on the same day for a small fee of $2.99-$5.99, depending on the amount of the advance.

 3.      Your Obligations

•      Provide accurate and true information in connection with your application, and the use of our Services and platform

•      Comply with all terms and conditions relating to the repayment of early payroll cash advances and purchase of products through merchants or through Nyble

•      Comply with all terms and conditions as agreed to and outlined in your lease to own agreement

•      Promptly notify Nyble of any changes to your account or if you suspect that your personal information has been compromised

 

4.      Payment

•      Payments for early payroll cash advances, subscription fees, or any buy now pay later services will be made by pre-authorized debit (“PAD”), by debit card or by credit card with the effective authorization date being the date which you opt in to Nyble’s Services.

•      If you cancel or revoke our ability to withdraw funds for these purposes, we have the right to deny you further services.

•      The PAD shall remain in effect until any contracted amount are paid in full or until we receive written notification from the you of a change in the Account. This notification must be received at least ten (3) business days before the next debit is scheduled.

•      In the event any PAD is not honored, due to non-sufficient funds or any other reason other than revocation of this Authorization or non-compliance of the PAD with this Authorization, you authorize Fincentify Inc. to re-present the PAD at its discretion and for your financial institution to process such PAD without any pre-notice or any other consent. You hereby waive any requirement for pre-notification of changes in the amounts and/or payment dates of PADs drawn against your Account at the financial institution you provide in accordance with this Authorization.

•      You have certain recourse rights if any debit does not comply with this Agreement. For example, you have the right to receive reimbursement for any PAD that is not authorized or is not consistent with this Authorization. To obtain more information about your recourse rights, you can visit www.payments.ca.

5.      Electronic Signature Consent (“E-Sign Consent”)

This E-Sign Consent constitute your consent to receive communications electronically including notices, emails, and other communications in connection with your account  with Fincentify Inc., o/a Nyble (“Nyble”, “us”, “we”). You accept this policy by using the products and services on our website or through other means. You agree to electronically accept and sign any agreements resulting from any services you opt in for, and transactions or purchase you make. We may amend this Electronic Signature Policy at any time by posting a revised version on our website.

 

Type and Meansof Communications

By consenting to receive Communications electronically, you may receive the following items:

 

•      Agreements and policies you agree to, including updates to these policies

•      Accounts history and statements

•      Your lease to own agreement

•      Payment due notices

•      Billing inquiry communications

•      Collection notices

•      Account cancellation notices

•      Any and other account or transaction information

 

System Requirements

To access and retain electronic information, you will require the following phone, computer and hardware.

 

•      A computer with access to internet

•      Sufficient storage capacity on your computer to save Communications and the ability to print them

•      A current 128-bit web browser with cookies enabled

•      A valid mobile number with the ability to receive text messages

•      A valid email address

 

Legal Effect

Your Electronic Signature Consent means that any disclosures, communications, or agreements shall have the same meaning in paper form. By using our service and clicking check boxes or buttons such as “Apply”, “Submit”, “Confirm”, “Complete the Transaction”, “Pay”, “I Agree”, or similar buttons or checkboxes indicating your acceptance and authorization, you are providing your electronic signature with the same effect as if your signature had been provided on paper. Subject to applicable law, you waive all defences you may have that Nyble’s Terms of Use, Privacy Policy and E-Sign Consent that were provided to you in electronic form or that lease and other agreements were obtained electronically.

 

Changes to Your Contact Information

You agree to keep us informed of any changes to your email address, mobile number, and address so you can receive all disclosures and communications in a timely fashion.

 

Withdrawal of Consent

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.

 

Your Responsibility in Updating Your Contact Information

You agree to keep us informed of any changes to your email address, mobile number and address so you can receive all disclosures and communications in a timely fashion.

 

6.       Privacy Policy

By using the Service, you acknowledge and accept our Privacy Policy and consent to the collection and use of your data in accordance with our Privacy Policy.

 

7.       No Warranty

You hereby acknowledge and agree that this site and the content are provided "as is" without warranty or condition of any kind. Access to, and use of, this site, our services or the content 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, merchantability, fitness for a particular purpose, or non-infringement of intellectual property or related rights, of this site or the content. Neither Nyble nor any Nyble personnel assumes any responsibility for any errors, omissions, or inaccuracies in thissite or the content. 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 this site and the content whether express, implied or collateral, including, without limitation, implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement of intellectual property and related rights, or that this site or the content will meet any person's needs or will be available for use at any particular time or will be uninterrupted or error-free.

 

8.      Severability

If any provision of these Terms 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.

9.      Limitation of Liability

In no event will Nyble or any Nyble personnel be liable whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory, forany damages of any kind, including, without limitation, direct, indirect, incidental, consequential, special, exemplary, punitive damages, lost profits, loss of use, loss of data, personal injury, fines, fees, penalties, tangible or intangible harm, irreparable harm, legal fees, or any loss of any kind whatsoever, or other liabilities, whether or not Nyble or any Nyble personnel is advised of the possibility of such damages or loss, resulting from the use of, or the inability to make use of, this site or the content.

 

10.      Changes to Our Terms of Use

We update our Terms of Use regularly and we reserve the right to change this Terms of Use at anytime without notice to you. You should review the Terms of Use regularly. By accessing or using our Services after any such changes, you agree to be bound by, and comply with, the Terms of Use then posted.

 

11.    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.