FANYA — Terms and Conditions of Use
Operating entity: Hubb Harvest Inc., a corporation incorporated in Alberta in 2021 (Business Corporations Act of Alberta) and registered as a federal extra-provincial corporation in Canada, operating under the trade name FANYA
Registered office: 1162 Gyrfalcon Crescent NW, Edmonton, AB, T5S 0S1, Canada
Website: www.fanyablack.com
Version 3.0 | Updated: March 1, 2026 | Official Document
1. Definitions and Interpretation
In these Terms and Conditions, unless otherwise indicated, the following terms have the meanings assigned to them below:
| Term | Definition |
|---|---|
| FANYA or Platform | means the digital platform operated by Hubb Harvest Inc., operating under the trade name FANYA, accessible via www.fanyablack.com and associated mobile applications. |
| Hubb Harvest Inc. | means the corporation incorporated in Alberta in 2021 under the Business Corporations Act of Alberta (ABCA), registered as a federal extra-provincial corporation authorizing the conduct of its activities in all Canadian provinces, and which is the legal operating entity of FANYA. |
| We / Our / Us | means Hubb Harvest Inc. (FANYA) and its authorized representatives. |
| User(s) | means any person or entity using the Platform, whether as a Client or Service Provider (Talan). |
| Client | means a User who searches for and engages Service Providers for professional services through the Platform. |
| Service Provider (Talan) | means a User who offers and provides professional services to Clients through the Platform. |
| Services | means all features and services offered by the Platform. |
| Account | means the personal account created by a User to access the Platform's Services. |
| Project / Transaction | means a contractual agreement between a Client and a Service Provider for the provision of professional services. |
| Service Fees | means the fees charged by FANYA for use of the Platform, calculated as a percentage of the transaction amount. |
| Escrow | means the secure payment system by which Client funds are technically held through Stripe Connect, a PCI-DSS-certified payment infrastructure, with FANYA acting as escrow administrator and issuing release instructions based on Platform events. These funds remain separate from FANYA's own assets until service delivery is validated. |
| Days | means calendar days, unless otherwise stated. |
2. Acceptance of Terms
2.1 Mandatory Acceptance
By creating an Account on FANYA, accessing the Platform, or using any of our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms and Conditions in their entirety. If you do not accept these Terms, you must not create an Account or use our Services.
2.2 Legal Capacity
To use the Platform, you must:
- Be at least 18 years of age;
- Have the legal capacity to enter into binding contracts under the laws of your jurisdiction;
- Not be subject to a prohibition from using the Platform following a prior suspension or ban;
- Use the Platform in compliance with all applicable laws and regulations.
2.3 Professional Use
If you create an Account on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms.
2.4 Additional Documents
These Terms and Conditions must be read in conjunction with the following documents, which form an integral part thereof:
- Privacy Policy (personal data protection);
- Dispute Management and Mediation Policy;
- Cancellation and Refund Policy.
3. Description of FANYA Services
3.1 Nature of the Platform
FANYA is a digital marketplace connecting Afro-descendant freelance Service Providers (Talans) with Clients seeking quality professional services.
FANYA's Role: FANYA acts solely as a technological intermediary facilitating connections. FANYA is NOT a party to contracts concluded between Clients and Service Providers, and is NOT responsible for the quality, legality, or performance of services provided.
3.2 Services Offered
- Creation of professional profiles for Service Providers (Talans);
- Search and browse the Service Provider directory for Clients;
- Integrated messaging system for communication between Users;
- Project management tools and deliverable tracking;
- Secure payment system with escrow protection via Stripe Connect;
- Rating and review system between Clients and Service Providers;
- Loyalty program and recognition badges;
- Access to educational resources (FANYA Academy);
- Access to community content (FANYA Black-Blog);
- Client support and mediation in case of dispute.
4. Registration and Account Creation
4.1 Registration Process
To use FANYA Services, you must create an Account by providing the following information: first and last name, valid email address, phone number, secure password, account type (Client or Service Provider), and express acceptance of these Terms and Conditions.
4.2 Accuracy of Information
You undertake to provide accurate, complete, and up-to-date information. Providing false or fraudulent information constitutes a serious violation of these Terms and may result in the immediate suspension or termination of your Account.
4.3 Account Security
You are fully responsible for the confidentiality of your login credentials. You must immediately notify FANYA at support@fanyablack.com in the event of unauthorized use of your Account.
4.4 One Account per Person
Each User may create and maintain only one active Account on the Platform. The creation of multiple or fictitious accounts is strictly prohibited.
5. Account Verification and Validation (Service Providers)
5.1 Mandatory Verification Process
All Service Providers (Talans) must complete an identity verification process before offering services and receiving payments on the Platform.
5.2 Required Documents
- A valid official photo ID (driver's license, passport, national identity card);
- A recent proof of address (utility bill, bank statement) dated within the last 3 months;
- Banking information to receive payments (managed via Stripe Connect).
Confidentiality: These documents are treated with strict confidentiality. They are used solely to verify your identity and are deleted after validation or securely retained in accordance with legal requirements.
5.3 Verification Timelines
FANYA undertakes to process verification requests within 2 to 5 business days. Additional delays may be necessary if the documents provided are incomplete or illegible.
6. User Obligations
6.1 Common Obligations
All Platform Users undertake to:
- Comply with these Terms and Conditions and all applicable laws;
- Treat other Users with respect and professionalism;
- Provide accurate and truthful information;
- Not use the Platform for illegal or fraudulent purposes;
- Not infringe the intellectual property rights of third parties;
- Maintain the confidentiality of their login credentials.
6.2 Specific Obligations for Clients
- Provide clear and precise descriptions of their service needs;
- Pay the agreed amounts within the stipulated timeframes;
- Validate service delivery within the allotted 7-calendar-day period;
- Not ask Service Providers to work outside the Platform.
6.3 Specific Obligations for Service Providers
- Provide professional-quality services in accordance with their descriptions;
- Meet the delivery deadlines agreed upon with Clients;
- Respond to Client requests within a maximum of 48 hours;
- Declare all income in accordance with applicable tax laws.
7. Service Listings and Transaction Process
7.1 Service Listings by Service Providers
Service Providers (Talans) may create service listings including: title and detailed description, category and subcategory, pricing and packages (basic, standard, premium), delivery timelines, portfolio and work samples, skills and working languages.
7.2 Transaction Steps
| Step | Description |
|---|---|
| 1. Discovery | The Client searches and browses Service Provider profiles. |
| 2. Contact | The Client sends a request through FANYA messaging. |
| 3. Proposal | The Service Provider responds with a proposal including the service, price, and timelines. |
| 4. Agreement | The Client accepts the final proposal. |
| 5. Payment | The Client makes payment, which is placed in escrow (Section 9). |
| 6. Execution | The Service Provider performs the work and communicates on progress. |
| 7. Delivery | The Service Provider marks the project as delivered and submits the deliverables. |
| 8. Validation | The Client has 7 calendar days to validate, request revisions, or open a dispute. |
| 9. Release | Funds are released to the Service Provider after validation (manual or automatic after 7 days). |
| 10. Review | Both parties rate each other (optional — deadline: 14 days). |
Mandatory Communication Through the Platform: It is strictly prohibited to solicit or encourage the other party to communicate or transact outside the Platform. Any violation may result in immediate Account suspension.
9. Payments, Service Fees and Billing
9.1 Fee Structure
Province Collection — Tax Obligation: FANYA collects the province or territory of residence of each Client at registration and at each transaction. This information is mandatory for the correct calculation and remittance of applicable taxes (federal GST/HST, QST in Quebec, PST/RST in other provinces) in accordance with Canadian tax laws. Provincial data is retained for 7 years in accordance with CRA requirements.
| User Type | Free Plan | Premium Plan |
|---|---|---|
| CLIENTS | 5% (minimum $2.50) | 2% (minimum $1.00) + $24.99/month |
| SERVICE PROVIDERS (TALANS) | 15% (minimum $5.00) | 10% (minimum $3.00) + $19.99/month |
Calculation Example — $200.00 Project:
• Client fee (free plan): $200 × 5% = $10.00 — Total paid by Client: $210.00
• Service Provider fee (free plan): $200 × 15% = $30.00 — Amount received: $170.00
• FANYA net revenue: $10 + $30 = $40.00
9.2 Accepted Payment Methods
Payments are processed via Stripe Connect: credit cards (Visa, Mastercard, American Express), debit cards, bank transfers (subject to availability). FANYA NEVER stores complete card information — all data is tokenized and processed by Stripe in compliance with PCI-DSS standards.
9.3 Billing, Taxes and Tax Obligations
Electronic receipts are automatically generated after each transaction, including a breakdown of applicable taxes based on the Client's province.
| Province / Territory | Applicable Tax | Approx. Combined Rate |
|---|---|---|
| Québec | GST (5%) + QST (9.975%) | 14.975% |
| Ontario | HST (13%) | 13% |
| British Columbia | GST (5%) + PST (7%) | 12% |
| Alberta | GST only (5%) | 5% |
| Manitoba | GST (5%) + RST (7%) | 12% |
| Saskatchewan | GST (5%) + PST (6%) | 11% |
| Other provinces/territories | GST or HST depending on province | 5% to 15% |
Service Providers are considered self-employed and are solely responsible for their own tax obligations (income reporting, GST/HST where applicable, income tax). FANYA will issue an annual transaction summary statement to facilitate their filings.
10. Escrow System and Payment Protection
10.1 Escrow System Principle
FANYA uses an escrow payment system to protect both Clients and Service Providers. Funds are technically held through Stripe Connect, a secure PCI-DSS-certified payment infrastructure, with FANYA acting as escrow administrator. These funds remain strictly separate from FANYA's own assets.
- The Client makes the payment, which is placed in escrow (not accessible to the Service Provider);
- The Service Provider performs the work knowing that payment is secured;
- After delivery, the Client has 7 calendar days to validate or contest;
- If validated: funds are transferred to the Service Provider (less service fees);
- If contested: the mediation process is initiated (Section 13);
- If no action after 7 days: automatic validation and release of funds.
Validation Period — 7 Days: The Client has 7 calendar days from the delivery notification to validate, request revisions, or open a dispute. FANYA will send email reminders on days 3 and 6. Failure to respond within this period will result in automatic validation and release of funds to the Service Provider.
10.2 Protection for Clients
- Payment is only released if the service is delivered as expected;
- A 7-day period is granted to review the delivered work;
- In case of non-delivery or dispute, funds may be refunded per the Cancellation Policy.
10.3 Protection for Service Providers
- Payment is secured BEFORE work begins;
- The Client cannot withdraw funds once payment has been made;
- Automatic validation after 7 days prevents unjustified payment delays.
10.4 Suspension of Funds in Case of Dispute
When a dispute is opened, escrowed funds are automatically suspended (neither released to the Service Provider nor refunded to the Client) until the dispute is resolved in accordance with Section 13.
11. Service Delivery and Validation
11.1 Marking as Delivered
When the Service Provider has completed the work, they must mark the project as "Delivered" on the Platform and submit all agreed deliverables, along with a clear description of what was delivered.
11.2 Validation Period — 7 Days
The Client has 7 calendar days from the delivery notification to:
- VALIDATE the delivery if the work is satisfactory;
- REQUEST REVISIONS if adjustments are needed (per the contract terms);
- OPEN A DISPUTE if the work does not meet expectations or presents major issues.
11.3 Automatic Validation
If the Client takes no action within the 7-calendar-day period, the project is AUTOMATICALLY validated and funds are released to the Service Provider. FANYA will send email reminders on days 3 and 6.
12. Cancellation and Refund Policy
The management of cancellations and refunds is governed by our detailed Cancellation Policy, available on the Platform. The fundamental principles are summarized below.
12.1 Cancellation by the Client
| Project Progress | Client Refund |
|---|---|
| 0 – 25% completed | 100% (full refund) |
| 25 – 50% completed | 75% |
| 50 – 75% completed | 50% |
| 75% or more completed | 25% or mediation required |
12.2 Cancellation by the Service Provider
- Force majeure: documentation required → full refund to Client, no penalty.
- Before start: immediate notification → full refund, profile warning.
- After start: penalty of 10–25% depending on progress + negative impact on reputation.
12.3 Refund Timelines
Approved refunds are processed within 5 to 10 business days based on the original payment method.
13. Dispute Management and Mediation
The resolution of disputes between Users is governed by our Dispute Management and Mediation Policy, available separately on the Platform. The key principles are summarized below.
13.1 Recommended Prior Mediation
In the event of a disagreement, parties are strongly encouraged to first attempt a direct resolution through FANYA messaging (recommended duration: 48 hours of good faith) before submitting a formal dispute to FANYA. This step does not constitute a waiver of judicial recourse, which remains available at all times in accordance with applicable law.
13.2 Opening a Dispute
A dispute may be opened in the following cases: work not delivered or delivered outside specifications, disagreement on progress, inappropriate conduct, violation of contract terms. The dispute must be submitted within 7 calendar days following delivery.
13.3 Mediation Process
FANYA mediation follows 7 structured phases over 7 to 14 business days: receipt, investigation, analysis, proposal, negotiation, final decision, and execution. Throughout the process, escrowed funds are suspended.
13.4 Decisions and Appeal
FANYA's decisions are final with respect to escrow administration and internal Platform management, subject to appeal within 5 business days ($50 fee refunded if appeal accepted). No second appeal is possible. These decisions do not prevent a party from exercising its rights before competent courts, within the limits permitted by applicable law, including consumer rights in Québec.
14. Intellectual Property
14.1 FANYA's Rights
All intellectual property rights relating to the FANYA Platform (name, logo, trademarks, design, source code, databases, texts) belong exclusively to Hubb Harvest Inc. or its licensors. It is strictly prohibited to copy, reproduce, or create derivative works without prior written authorization.
14.2 Ownership of Deliverables
Unless otherwise explicitly agreed between the parties: the Client acquires intellectual property rights over the final deliverables upon full payment; the Service Provider retains their methods and know-how; the Service Provider may use the deliverables in their portfolio unless a confidentiality clause applies.
14.3 Originality Guarantee
Service Providers guarantee that all deliverables are original and do not infringe any third-party intellectual property rights. In case of violation resulting in a claim against the Client, the Service Provider agrees to indemnify them.
15. Limitation of FANYA's Liability
15.1 Role as Intermediary
Critical Clause: FANYA acts solely as a technological intermediary. FANYA IS NOT a party to contracts concluded between Users and IS NOT responsible for the quality or performance of services, disputes between parties, or financial losses resulting from transactions.
15.2 Monetary Limitation
FANYA's total liability to a User is limited to the amount of service fees collected on the specific transaction in question, up to a maximum of CAD $500. In no event shall FANYA be liable for indirect damages, loss of profits, loss of data, or moral prejudice.
16. Indemnification
You agree to defend and indemnify Hubb Harvest Inc. (FANYA), its officers, employees, and partners against any claim arising from: your use of the Platform, your violation of these Terms, any User Content published, or your violation of any applicable law.
17. Prohibited Conduct and Sanctions
17.1 Strictly Prohibited Conduct
- Posting false, misleading, or fraudulent information;
- Impersonating another person or entity;
- Harassing, threatening, intimidating, or discriminating against other Users;
- Soliciting payments or communications outside the Platform;
- Creating fake accounts or manipulating the rating system;
- Distributing viruses, malware, or malicious code;
- Violating any local, provincial, federal, or international law.
17.2 Progressive Sanctions System
| Level | Violation | Sanction | Duration |
|---|---|---|---|
| 1 | First minor violation | Written warning | Permanent (visible on profile) |
| 2 | Second violation / Moderate violation | Feature restriction | 7–30 days |
| 3 | Third violation / Serious violation | Temporary suspension | 30–90 days |
| 4 | Repeated violations / Very serious | Extended suspension | 3–12 months |
| 5 | Fraud / Serious harassment | Permanent ban | Permanent |
| 6 | Mass fraud / Identity theft | Legal action + ban | Per court ruling |
18. Account Suspension and Termination
18.1 Suspension by FANYA
FANYA reserves the right to temporarily or permanently suspend any Account that seriously or repeatedly violates these Terms and Conditions, exhibits fraudulent activity, or compromises the security of the Platform.
18.2 Termination by the User
You may terminate your Account at any time through your account settings or by contacting support@fanyablack.com. You must complete all ongoing projects before termination. Escrowed funds for active projects will not be released until resolution. Data will be retained in accordance with the Privacy Policy.
18.3 Vacation Mode (Temporary Pause)
The Client may activate "Vacation Mode" at any time from their account settings. This mode has the following effects:
- The Client's profile remains active but is temporarily removed from search results;
- Service Providers cannot send new proposals to the Client during this period;
- Ongoing projects continue normally — the Client retains full access to their active projects;
- Escrowed funds and all data are fully preserved;
- The Client continues to receive notifications related to their ongoing projects;
- Reactivation is immediate and can be done at any time from the settings.
Vacation Mode — Recommended Duration: Vacation Mode is designed for temporary absences (a few days to a few months). There is no maximum duration imposed, but FANYA reserves the right to notify the Client if their account remains in Vacation Mode for more than 12 consecutive months.
18.4 Account Deactivation (Invisible Account)
The Client may deactivate their account from the settings. A deactivated account has the following characteristics:
- The profile becomes entirely invisible to other Users and internal search engines;
- No new transaction can be initiated;
- The Client retains access to their personal space and transaction history;
- Data and history are fully preserved;
- The account remains reactivable at any time with a simple action in the settings — no additional steps required;
- Upon reactivation, the profile immediately becomes visible again with all data, ratings, and history intact.
| Feature | Active Account | Vacation Mode | Deactivated Account |
|---|---|---|---|
| Visible profile | Yes | No | No |
| New transactions | Yes | No | No |
| Ongoing projects | Active | Active | Suspended* |
| Data access | Full | Full | Full |
| Reactivation | N/A | Immediate | Immediate |
| Notifications | All | Active projects | Minimal |
* In case of ongoing projects at the time of deactivation, FANYA will notify the relevant Service Providers and temporarily suspend validation periods until the account is reactivated.
19. Personal Data Protection
The collection, use, storage, and protection of your personal data are governed by our separate Privacy Policy, available on the Platform and accessible at any time.
19.1 Legal Compliance
Hubb Harvest Inc. (FANYA), a federal corporation governed by the CBCA, undertakes to comply with all applicable laws, including: the Personal Information Protection and Electronic Documents Act (PIPEDA), Law 25 (Québec), and Canada's Anti-Spam Legislation (CASL).
19.2 Data Hosting
The fanyablack.com Platform is hosted by o2switch SAS (France, EU — Siret: 510 909 807 00032), whose servers are located entirely in France. Payment data is processed by Stripe Inc. (USA). By using the Platform, you acknowledge that your data may be hosted on servers located in France (European Union) and the United States, under data processing agreements compliant with PIPEDA. France offers an adequate level of protection recognized by Canadian authorities.
19.3 Data Controller
FANYA's Data Protection Officer is Mina Teufack. To exercise your rights or for any questions relating to your personal data, contact: privacy@fanyablack.com.
20. Amendment of Terms and Conditions
FANYA reserves the right to amend these Terms and Conditions at any time. Material changes will be notified by email (minimum 30 days' notice), a banner on the Platform, and a notification in your dashboard. Your continued use of the Platform after the effective date constitutes acceptance.
21. Applicable Law and Jurisdiction
Hubb Harvest Inc. is a corporation incorporated in Alberta (Business Corporations Act of Alberta, 2021) and registered as a federal extra-provincial corporation in Canada. These Terms and Conditions are governed by the laws of the Province of Alberta and the federal laws of Canada. Any dispute shall be submitted to the exclusive jurisdiction of the courts of Edmonton, Alberta, Canada. In case of discrepancy between the French and English versions, the French version shall prevail for users in Québec.
22. Dispute Resolution
Prior to any formal proceedings, the parties shall attempt to resolve any dispute through good-faith negotiation (email: support@fanyablack.com). If no resolution is reached within 30 days, the parties are invited to pursue mediation before initiating legal proceedings. This step does not constitute a waiver of judicial recourse, which remains available at all times in accordance with applicable law, including consumer rights in Québec.
23. Miscellaneous Provisions
- Severability: if any provision is deemed invalid, the remaining provisions remain in force.
- Waiver: any waiver by FANYA must be made in writing.
- Assignment: you may not assign your rights without the written consent of FANYA.
- Entire Agreement: these Terms and the additional documents constitute the entire agreement between the parties.
24. Contact Information
| Contact | Details |
|---|---|
| Client support | support@fanyablack.com — Response within 24–48h |
| Legal inquiries | legal@fanyablack.com |
| Data protection | privacy@fanyablack.com |
| Disputes and mediation | litiges@fanyablack.com — "Disputes" tab in your project |
| Postal address | Hubb Harvest Inc. — Legal Department, 1162 Gyrfalcon Crescent NW, Edmonton, AB, T5S 0S1, Canada |
| Website | www.fanyablack.com |
FANYA — Terms and Conditions of Use — Version 3.0 | March 1, 2026
© 2026 Hubb Harvest Inc. All rights reserved. | 1162 Gyrfalcon Crescent NW, Edmonton, AB, T5S 0S1, Canada