Bubble, Inc. Terms of Service
This Terms of Service document (the “Terms“) outlines the terms and conditions of use of the services (the “Services” or “Service“) provided by Bubble, Inc. (“Bubble“). These Terms also govern the use of and access to Bubble’s content (the “Content“), which includes the Bubble website (the “Site“), applications (the “Apps“), and any software provided by Bubble (the “Software“).
By accessing the Content or Services, you are agreeing on behalf of yourself or those you represent (“you“) to comply with and be legally bound by these Terms in their entirety. These Terms constitute a legally binding agreement (the “Agreement“) between you and Bubble. If you do not agree with any part of the Terms, you may not use our Services.
By creating an account for using our Services, you represent that you are at least thirteen (13) years of age, or a valid legal entity, and that the registration information you have provided is accurate and complete.
Bubble may update the Terms from time to time. Bubble will notify you of any significant changes to these Terms via the email address(es) you have associated with your account. If you have no email address associated with your account, you will not be notified of the updated Terms. Bubble will not send notifications for minor changes such as typographical corrections.
If you continue to use Bubble’s Services, Content, Site, Apps, or Software after these changes take effect, then you agree to the revised Terms. The current version of the Terms is available on the Site. You understand and agree that it is your obligation to review these Terms from time to time in order to stay informed on current rules and obligations. Your use of the Content or Services following the changes to these Terms constitutes your acceptance of the changed Terms.
Bubble is committed to your privacy and does not collect or log browsing history, traffic destination, data content, or DNS queries from Subscribers connected to our Service. During your registration, we may collect some sensitive personal information, such as your email address and payment information. We only collect information that are necessary for the proper delivery of the Site and Services.
Bubble Services are available to you upon subscription to the Site. By subscribing to the Services, you agree to become a subscriber (“Subscriber“) for the period you have elected. A full list of subscription plans and pricing is available on the Site. Bubble reserves the right to amend subscription fees or institute new fees at any time upon reasonable advance notice posted on the Site or sent via email. Any changes to the pricing will not affect the Subscriber’s current subscription period and will become effective upon subscription renewal. Subscription purchases and refunds are handled via multiple third-party payment companies.
When supported by your payment method, plans renew automatically by default at the completion of the billing term. By default, the renewal term is for the same duration as the billing term for the original subscription. The subscription fee will be charged automatically to the payment method currently associated with the plan.
There is no charge for the first month of Service for your first plan. If you cancel the Service on your first plan before your first month has elapsed, you owe Bubble nothing and your payment method will not be charged.
You may cancel a Subscription plan at any time. Upon cancellation, Bubble will refund to you a portion of your most recent payment, pro-rated according to how many days of your billing term have elapsed, subject to a minimum of one day.
Each paid subscription grants you one (1) license for your use with an unlimited number of connected devices. Your Bubble allows you to add additional users to your plan, subject to per-plan limits. If you want to use the Services for more users beyond your plan limit, for example for usage by a business, please contact firstname.lastname@example.org.
5. Refund Policy
Refunds will be considered at the sole discretion of Bubble if the Service was not available or usable during the subscription period and that reasonable attempts were made to contact Bubble to resolve the issue. In this case, Bubble will provide the Subscriber with a pro-rata refund of service fees paid during the period when the Service was not available or usable, rounded up to the nearest US dollar.
Refunds are generally processed within seven (7) days and are made to the original form of payment used for purchase. All refunds are sent in US dollars and therefore the refund amount could differ from the amount originally paid in local currency.
6. Acceptable Use Policy
Bubble’s Services may be accessed from all around the world; therefore, it is your responsibility to assess whether using the Site, Apps, Software, or Services is in compliance with local laws and regulations. Whenever you use the Site, Apps, Software, or Services, you should comply with these Terms and applicable laws, regulations, and policies.
You understand that it is your responsibility to keep your Bubble account information confidential. You are responsible for all activity under your account. If you ever discover or suspect that someone has accessed your account without your authorization, you are advised to immediately change all of your account credentials and create new ones.
Bubble aims to provide the best service possible to all of our Subscribers. In that sense, we require that you do not misuse our Content or Services. A misuse refers to any use, access, or interference with the Content or Services contrary to the Terms or applicable laws and regulations.
In order to protect the Services from being misused or used to harm someone, Bubble reserves the right to take appropriate measures when our Services are being used contrary to these Terms and applicable laws. You agree that Bubble may terminate your account, without providing a refund for Services already paid if you misuse the Service.
Your Bubble allows you to add additional users to your plan. Users added to your plan must also agree to these Terms. Any violation of these Terms by any user associated with your plan will be considered a violation of the Terms agreed to by you. Your Bubble allows you to install a Secure Shell Key (“SSH key“) which permits a direct terminal login via Secure Shell (“SSH“). When logged in via SSH, it is possible make changes that degrade your plan or render your plan non-functional. In case this happens, Bubble can attempt to remedy the situation but makes no guarantees that your plan can be recovered to its previously functional state. Your sole remedies are to stop and restart your plan, or to delete and recreate your plan. Bubble makes no guarantees that any data or backups associated with your degraded or non-functional plan will survive this recovery process.
In using our Services, you agree not to:
- Send or transmit unsolicited advertisements or content (i.e., “spam”) over the Service.
- Send, post, or transmit over the Service any content which is illegal, hateful, threatening, insulting, or defamatory; infringes on intellectual property rights; invades privacy; or incites violence.
- Upload, download, post, reproduce, or distribute any content protected by copyright or any other proprietary right without first having obtained permission from the owner of the proprietary content.
- Upload, download, post, reproduce, or distribute any content that includes sexual or explicit depictions of minors.
- Engage in any conduct that restricts or inhibits any other Subscriber from using or enjoying the Service.
- Attempt to access, probe, or connect to computing devices without proper authorization (i.e., any form of “hacking”).
- Attempt to circumvent any restrictions associated with your plan, including but not limited to changing the maximum number of user accounts allowed for your plan.
- Attempt to compile, utilize, or distribute a list of IP addresses or hostnames operated by Bubble in conjunction with the Service.
- Use the Service for anything other than lawful purposes.
Subject to your compliance with these Terms, Bubble grants to you a non-exclusive and limited license to use the Software and Services. Modifying, distributing to unauthorized parties, reverse engineering, or otherwise using the Software or Services in any way not expressly authorized by Bubble is strictly prohibited.
Usage of any material which is subject to Bubble’s intellectual property rights is prohibited unless you have been provided with explicit written consent by Bubble.
The Bubble Software is open source. For personal use by individuals and for usage by not-for-profit organizations, where such use is entirely non-commercial in nature, these users may download and use the Bubble Software themselves, without any involvement or contact with Bubble, Inc. In such cases, these Terms do not apply; instead the Software is provided to these users under the terms of the GNU Affero Public License. The Bubble Software and its associated license can be downloaded from https://git.bubblev.org.
8. Language and Translation of Content
All of our Content was originally written in English. Any translation of our Content is done on a best-effort basis. We cannot guarantee the accuracy of translated Content. In the event of any discrepancy between the translated Content and the English Content, the English Content shall prevail.
9. Third-party Websites
We will strive to prevent interruptions to the Site and Services. However, these are provided on an “as-is” and “as-available” basis, and we do not warrant, either expressly or by implication, the accuracy of any materials or information provided through the Site or Service, or their suitability for any particular purpose. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose, or non-infringement. We do not make any warranty that the Services will meet your requirements, or that it will be uninterrupted, timely, or error-free, or that defects, if any, will be corrected. You acknowledge that you access the Site and Services at your sole risk and discretion.
Service coverage, speeds, server locations, and quality may vary. Bubble will attempt to make the Service available at all times. However, the Service may be subject to unavailability for a variety of factors beyond our control, including but not limited to emergencies; Third Party-service failures; or transmission, equipment, or network problems or limitations, interference, or signal strength; and may be interrupted, refused, limited, or curtailed. We are not responsible for data, messages, or pages lost, not delivered, delayed, or misdirected because of interruptions or performance issues with the Service, communications services, or networks. We may impose usage or Service limits, suspend Service, terminate accounts, or block certain kinds of usage in our sole discretion to protect Subscribers or the Service. The accuracy and timeliness of data received is not guaranteed; delays or omissions may occur.
Bubble reserves the right to investigate matters we consider to be violations of these Terms. We may, but are not obligated to, in our sole discretion and without notice, remove, block, filter, or restrict by any means any materials or information that we consider to be actual or potential violations of the restrictions set forth in these Terms, and any other activities that may subject Bubble or our customers to liability. Bubble disclaims any and all liability for any failure on our part to prevent such materials or information from being transmitted over the Service and/or into your computing device.
11. Limitations of Liability
Bubble shall not be liable and shall not have responsibility of any kind to any Subscriber or other individual for any loss or damage that you incur in the event of:
- any failure or interruption of the Site or Service;
- any act or omission of any Third Party involved in making the Site or Service or the data contained therein available to you;
- any other cause relating to your access or use, or inability to access or use, any portion of the Site or its Content; your interactions on the Site or Service;
- your failure to comply with this Agreement;
- the cost of procurement of substitute goods or services;
- or unauthorized access to or alteration of your transmissions or data, whether or not the circumstances giving rise to such cause may have been within the control of Bubble or of any vendor providing software, services, or support for the Site or Service.
In no event will Bubble, its partners, affiliates, subsidiaries, members, officers, or employees be liable for any direct, special, indirect, consequential, or incidental damages, or for any other loss or damages of any kind, even if they have been advised of the possibility thereof. The foregoing shall not apply to the extent prohibited by applicable law.
You agree to indemnify, defend, and hold harmless Bubble, its officers, directors, employees, members, partners, agents, and suppliers, and their respective affiliates, officers, directors, employees, members, shareholders, partners, and agents, from any and all claims and expenses, including attorneys’ fees, arising out of your use of the Content and Service, including but not limited to your violation of this Agreement. We may, at our sole discretion, assume the exclusive defense and control of any matter subject to indemnification by you. The assumption of such defense or control by us, however, shall not excuse any of your indemnity obligations.
13. Choice of Law
This Agreement shall be governed by and construed in accordance with the laws of the North Carolina, USA, excluding its rules governing conflicts of law.
All disputes arising out of or relating to this Agreement or the use of the Site or Services shall be finally settled under the Rules of Arbitration (“Rules”) of the International Centre for Dispute Resolution (ICDR) by one arbitrator (“Arbitrator”) appointed in accordance with said Rules. The arbitration shall be conducted in North Carolina, USA, unless all parties agree otherwise by a signed written agreement.
The Arbitrator must be qualified and have a background in the area of computer networks, including but not limited to the internet.
The Arbitrator shall have the authority to permit an expedited exchange of documents, but any discovery shall be limited to document requests and interrogatories. The Arbitrator shall have no power or authority to add to or detract from this Agreement, and the costs of the arbitration shall be borne equally, except as described below. The arbitration shall be conducted on an expedited schedule. The arbitration must be concluded, and an award issued, no later than one hundred and twenty (120) days following the filing of the demand for arbitration, unless all parties to the arbitration proceeding agree in writing to an extension of time or continuance.
Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Site or Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred. In the event that Bubble is the respondent in any such arbitration, damages awarded against Bubble may not exceed the amount you have paid Bubble for use of the Service.
The Arbitrator shall have the authority to grant any temporary, preliminary, or injunctive relief in a form substantially similar to that which would otherwise be granted by a court of law. The Arbitrator shall have no authority to award punitive damages. The resulting arbitration award may be enforced, or injunctive relief may be sought, in any court of competent jurisdiction in North Carolina. Reasonable costs (including all costs of arbitration) and attorney’s fees shall be awarded against the party that commenced the arbitration, in the event that party does not prevail in the arbitration. The parties subject to this arbitration provision include Bubble, its officers, directors, and employees, and any company or legal entity which is a parent, subsidiary, or sister company to Bubble, or with which Bubble has contracted to provide services to Subscribers through Bubble.
15. Final Provisions
If any provision in this Agreement is held invalid or unenforceable, that provision shall be construed in a manner consistent with applicable law to reflect the original intent of the provision, and the remaining provisions of this Agreement shall remain in full force and effect. Any failure to exercise or enforce any right or the provision of this agreement shall not constitute a waiver of such right or provision.