1. Who this agreement is between
This agreement is between you and Hubble42 Inc., a corporation incorporated under the laws of Canada, with its registered office at 3355 Hurontario St, Unit 5, Mississauga, ON L5A 4E7, Canada. In this document "we", "us" and "the platform" mean that company, and "you" means the person using the service. We run the website itsmyminute at itsmyminute.com.
You agree to these terms when you create an account or use the service. If you are using the service on behalf of a company or organisation, you are confirming that you are allowed to agree to this on its behalf.
You must be old enough to enter a contract where you live, and at least 18 years old, to hold a minute or to pay for one.
2. Your account
You need an account for anything that writes to the site. One person, one account, unless we agree otherwise in writing. Give us details that are true and keep them up to date.
Keep your password to yourself. Anything done from your account is treated as done by you, unless you tell us the account has been taken over and we can see that it was. Tell us as soon as you think something is wrong.
You can close your account at any time. Closing an account does not delete records we are required to keep. See the Privacy Policy for what is kept and for how long.
3. What holding a minute is, and what it is not
When you claim a minute you get a contractual licence to programme that slot. It is permission from us, on the terms of this agreement, to decide what airs at that minute while you are the holder.
You do not buy the minute. You do not own it. Nothing about holding a minute gives you property, a share in us, a security, a token, an asset you can register somewhere else, or any right to the time HH:MM outside this website.
Because of that, we use the words hold, claim and keep throughout the site, and we mean them literally.
The licence lasts while you are the recorded holder of the slot. It ends when someone else takes the slot through the challenge system described in the rules, or when we end it under section 9 of this agreement.
You can lend a minute to another member for a day. Lending does not transfer the licence. You remain the holder and you remain responsible for what airs.
We do not promise anyone will ever challenge your minute. You may hold a minute indefinitely and receive nothing. Holding a minute is not an investment and must not be treated as one.
4. Content you publish
You keep ownership of what you publish. You give us a worldwide, non exclusive, royalty free licence to host, store, resize, re encode and display that content on the site, in the daily reel, in embeddable badges, in share previews and in the app, for as long as you publish it and for a short period afterwards while caches clear.
It has to be yours to publish. By publishing you confirm that you made it, or that you have the rights and the permissions you need, including from anyone who appears in it and from anyone who owns music, footage, artwork or a trade mark inside it. If you cannot say that honestly, do not publish it.
What is allowed and what is not is set out in the Content Policy, which forms part of this agreement.
We can hide or remove content that breaks these terms or the Content Policy. Hiding content does not change who holds the minute and does not give you a refund of what you paid to claim or keep it.
5. Acceptable use
Do not do any of the following:
- Break the law, or help anyone else break it.
- Use more than one account, or ask other people to act for you, to bid against yourself, to move value between accounts you control, or to make activity look bigger than it is.
- Use the platform to move money around rather than to programme minutes.
- Scrape, crawl, or hammer the site with automated traffic beyond what a normal person would generate, or get around rate limits.
- Try to break, probe or get around our security, or access anyone else's account or data.
- Resell, list or advertise a minute outside the challenge system on this site.
- Impersonate anyone, including us.
- Interfere with other members' use of the service, including through harassment.
We may apply limits, including how much a new account can offer, how much can move in a day, and which hours are open, and we may change those limits.
6. Fees and how money moves
We hold no balances, with one exception: if your minute is taken before you have connected a payout account, we hold your share for you and send it as soon as you connect one. That money is yours, not ours, and it is set out in the rules. Claiming a minute, offering on one and keeping one are each paid by card at our payment provider's checkout, for that action alone. An offer is an authorisation on your card that is charged only if it wins. The amounts and the exact mechanics are set out in the rules and are shown to you before you confirm anything.
In short: the platform keeps the claim price, half of the raise when a minute changes hands, and the whole raise when a holder keeps their minute. When a minute changes hands, the displaced holder receives the rest less the card processing fee on that sale, capped at their half of the raise; the payment provider pays it to them directly.
All amounts are in US dollars. If your card is in another currency, your bank sets the exchange rate and may add its own charges. That is between you and your bank.
You are responsible for any taxes you owe on money you receive. We do not give tax advice.
Payments and payouts are handled by our payment provider, and you may have to agree to that provider's own terms to pay or to receive a payout. If they refuse or reverse a payment, we have to follow that.
7. Refunds
If a payment goes through but the thing it was for can no longer happen, for example someone else claimed the minute while you were paying, it is refunded to your card automatically. An offer that does not win is never charged; the hold on your card is released.
Money you have spent is not refundable. Once you claim a minute or keep one against a challenge, that money has been used for the thing it was for. That includes cases where you later stop using the site, where your content is removed for breaking the rules, or where nobody ever challenges your minute.
If we get something wrong at our end, we will put it right. Tell us at support@itsmyminute.com.
Nothing here takes away rights you have under consumer law where you live.
8. Chargebacks and payment disputes
If you think a payment is wrong, contact us first. We would much rather fix it than argue with your bank about it.
If you raise a chargeback with your bank on a payment for a minute, the account is frozen while the dispute is open. You cannot claim, offer or keep until it is resolved, and any standing offers are withdrawn.
A chargeback by a buyer does not, by default, claw money back from the member who was paid for their minute. We reserve the right to do so where the provider or the law requires it.
Raising chargebacks in bad faith is a breach of these terms and we may close the account for it.
9. Suspension and closing accounts
We can suspend or close an account, hide or remove content, hold a payout, or end a licence to programme a slot, if:
- You break these terms, the Content Policy or the rules.
- We are required to by law, by a court, by a regulator or by our payment provider.
- We reasonably believe the account is being used for fraud, for laundering money, or to get around limits.
- A payment you made is disputed with your bank and the dispute is still open.
Where we can, we will tell you what happened and give you a way to respond. Where the law or a regulator stops us from telling you why, we will not be able to explain, and that is not us being unhelpful.
If we end your licence to a slot for a reason that was not your fault, we will return what you put into that slot. If we end it because you broke these terms, we are not obliged to.
Closing your account does not by itself release money that has not cleared, and does not end obligations that are meant to survive, including sections 7, 8, 11 and 14.
10. The service can change or stop
We are building this. Features will change, and some will go away. We may open or close hours, change limits, change how the stage looks, or pause sales.
We do not promise the site will be available without interruption. If we ever shut the service down for good, we will give notice, stop taking new money, and pay out anything we are holding for a member, and refund any payment for something that can no longer happen.
11. Limitation of liability
We provide the service as it is. To the extent the law allows, we do not give warranties beyond the ones written here, and we are not responsible for:
- Any expectation that someone will challenge your minute, or any profit you hoped to make.
- Lost profits, lost business, lost data or indirect losses of any kind.
- What other members publish, or what they do to each other.
- Outages, delays or failures caused by our payment provider, our email provider, your bank or your internet connection.
Where we are liable, our total liability to you for everything connected to this agreement is limited to the greater of the amount you paid us in the 12 months before the claim, and 100 Canadian dollars.
Nothing in this section limits liability that cannot be limited by law, including for death or personal injury caused by our negligence, or for fraud.
12. Complaints and disputes
Start by writing to us at support@itsmyminute.com with what happened and what you want us to do. We will acknowledge it and try to resolve it directly. Most things are a misunderstanding about the rules and get fixed in a message or two.
If we cannot agree, the dispute is dealt with by the courts named in section 14, unless the law where you live gives you the right to go somewhere closer to home, in which case that right stands.
We do not require arbitration. Either of us can bring a claim in the courts named in section 14, and you can use the small claims court where you live if your claim qualifies there.
To the extent the law where you live allows it, claims are brought individually and not as part of a class or representative action. Where the law does not allow that limit, as it does not for consumers in some places, it does not apply to you.
A claim has to be started within two years of when you knew, or should have known, about what it is based on, unless the law where you live gives you longer.
13. Changes to these terms
We can change these terms. If a change matters, meaning it affects your money, your content or your rights, we will tell you by email and on the site before it takes effect, and we will give you reasonable notice.
If you keep using the service after a change takes effect, that is your agreement to it. If you do not agree, stop using the service and close your account before the change takes effect; anything we are holding for you is still paid to you.
Changes do not apply backwards to a challenge that is already running.
14. Governing law
This agreement is governed by the laws of the Province of Ontario and the federal laws of Canada that apply there, without regard to conflict of law rules, and the courts of Ontario, Canada have jurisdiction over disputes, subject to section 12. If you are a consumer, the mandatory protections of the law where you live still apply to you.
We make no claim that the service is suitable or available anywhere in particular. If you use it, you are responsible for whether that is allowed where you are.