Effective as of: July 1st, 2022
Identification number: Bubbling_ToS_1
Version number: v1
Welcome to Bubbling!
Bubbling makes a platform(the “Bubbling Platform”) available through which it offers access to Services that will help the User with his daily life (the “Services”). Those Services are provided by Bubbling or by third parties.
These Terms are between you, hereinafter referred to as “you”, “your” and Bubbling a brand of Ilmaco BV, a close company (“Besloten vennootschap” or “Société à responsabilité limitée”) incorporated and existing under the laws of Belgium, having its registered office at Eedverbondkaai 242/6, 9000 Ghent, registered with the Crossroads Bank for Enterprises (KBO) under number BE 0665.731.388, hereinafter referred to as “Bubbling”, “we”, “our” and “us”; .
Use of the Bubbling Service may be subject to additional terms and conditions presented by Bubbling, which are hereby incorporated by this reference into these Terms.
Please review these Terms and our policies and instructions to understand how you can and cannot use Bubbling. You must comply with these Terms in your use of Bubbling and only use Bubbling as permitted by applicable laws and regulations, wherever you may be when you use them. In some countries, there are restrictions on your use of Bubbling – it is your responsibility to ensure that you are legally allowed to use Bubbling where you are located, and certain Bubbling functionalities may not be available in some countries.
By signing up for, or otherwise using, the Bubbling Service, you agree to these Terms. If you do not agree to these Terms, then you must not use the Bubbling Service or access any Content.
Each of Bubbling and you may be referenced throughout these Terms as a “Party”.
Capitalized words and phrases used throughout these Terms, if not otherwise defined, shall have the meanings set forth in these Terms.
BY USING THE BUBBLING SERVICE, YOU AFFIRM THAT YOU ARE 18 YEARS OR OLDER TO ENTER INTO THESE TERMS, OR, IF YOU ARE NOT, THAT YOU ARE 13 YEARS OR OLDER AND HAVE OBTAINED PARENTAL OR GUARDIAN CONSENT TO ENTER INTO THESE TERMS. Additionally, in order to use the Bubbling Service and access any Content, you represent that: you reside in the European Union, and any registration and account information that you submit to Bubbling is true, accurate, and complete, and you agree to keep it that way at all times.
If you are using Bubbling on behalf of a company, partnership, association, government or other organisation (your “Organisation), you warrant that you are authorised to do so and that you are authorised to bind your Organisation to these Terms. In such circumstances, “you” will include your Organisation.
We provide numerous Services provided by us or by third parties. Certain Services are provided free of charge, while other Services require payment before they can be fully or partially accessed (the “Paid Subscriptions”). We may also offer special promotional plans, memberships, or Services, including offerings of third-party products and Services. We are not responsible for the products and Services provided by such third parties.
2. Additional Terms and Policies
2.1. Bubbling policies
The following policies are Additional Terms that you must comply with in using Bubbling:
2.2. Third-Party Terms and Policies
A diverse range of Services and features are available within or via Bubbling, and not all of these Services and features are operated by us. There are additional terms and policies that may be applicable to your use of all or part of Bubbling (the “Additional Terms“). For those Services and features that are offered through Bubbling, we will notify you of the Additional Terms, including as set out in this section and otherwise within Bubbling. These Additional Terms all form part of and are incorporated into these Terms.
If you are using any Services or features operated by a third party, your use of those Services or features will be subject to the terms that apply to that particular Service. Please contact the relevant third party if you are unsure what terms apply to that particular Service.
Subject to Terms Amendments and except as otherwise expressly specified within these Terms or any Additional Terms – to the extent that any Additional Terms conflict with these Terms, the relevant Additional Terms will apply to the extent of the conflict.
3. Service limitations and modifications
We use reasonable efforts to keep the Bubbling operational and to provide you with a splendid experience. However, our Service offerings and their availability may change from time to time, without liability to you; for example:
· Bubbling may experience temporary interruptions due to technical difficulties, maintenance or testing, or updates, including those required to reflect changes in relevant laws and regulatory requirements.
· We aim to evolve and improve Bubbling constantly, and we may modify, suspend, or stop (permanently or temporarily) providing all or part of Bubbling (including, particular functions, features, subscription plans, and promotional offerings);
· Bubbling has no obligation to provide any specific Service through Bubbling, and Bubbling or third parties may remove a Service, reduce or delete functionalities of a Service without notice.
If you have prepaid fees directly to Bubbling for a Paid Subscription that Bubbling permanently discontinues before the end of your Pre-Paid Period (as that term is defined in the Payments and cancellations section below), Bubbling will refund you the prepaid fees for the Pre-Paid Period after such discontinuation. Your account and billing information must be up to date in order for us to refund you.
For material changes to Bubbling with a foreseeable material impact on you, Bubbling will (where reasonably possible) provide at least one-month prior notice (via email or posting of a message on Bubbling) to enable you to prepare for such change.
Bubbling has no liability to you, nor any obligation to provide a refund to you, in connection with the internet or other Service outages or failures that are caused by the actions of government authorities, other third parties, or events beyond our control.
4. Access to the Bubbling Platform
You need to create an account by putting in an email address and defining a password (the “Login Info”) to access and use Bubbling. You shall keep the Login Info personal and confidential. You shall be solely and entirely responsible for the use and conservation of the Login Info. Therefore you shall take all measures to ensure the complete safety and confidentiality of Login Info and not disclose it to third parties in any form and for any purpose whatsoever. In the event of the loss or theft of the Login Info, you shall be solely responsible for the consequences that might result therefrom, and must therefore change your password as soon as possible.
You shall be solely responsible for the information you provide when registering or completing your account details on Bubbling (last name, first name, company name, contact info, address, etc.), and the consequences that may result from any error or inaccuracy. In the event of an error or inaccuracy, all costs incurred by Bubbling shall be borne by you.
Bubbling reserves the right to demand advance payment from consumers and professional customers or an unconditional bank guarantee from professional customers, when access to the Bubbling Platform is requested and during the implementation of the Terms when (i) you have unpaid and due debts towards Bubbling, (ii) if Bubbling notes that you make abnormal use of your access to the Bubbling Platform, id est in a way that deviates from your normal usage or which deviates from the usage that another customer would have made in a similar situation, (iii) in case of doubts concerning your identity, or (iv) anytime Bubbling, in its sole discretion, considers that such advance payment or unconditional bank guarantee is required. If the advance or bank guarantee is not paid or provided within the deadline imposed, Bubbling may refuse or suspend access to the Bubbling Platform, or terminate these Terms without you being entitled to claim any compensation whatsoever.
Bubbling may refuse access to the Bubbling Platform or to certain Services on the Bubbling Platform, if (i) you refuse to comply with one or more terms of theTerms, (ii) in case of proven fraud or serious doubt regarding your solvency, (iii) you provide a false or erroneous identity, (iv) you do not meet the conditions for use of the Bubbling Platform or certain Services (v) you fail to provide the information required to use the Bubbling Platform or certain Services (vi) the third party who offers the Services refuses you access to its Services or (vii) you refuse to comply with Bubbling’s request for advance payment or to provide proof of the existence of an unconditional bank guarantee with regard to the transactions contemplated under these Terms.
5. Use rights
5.1. Right to Use
For the duration of these Terms, you have the non-exclusive, non-sublicensable, non-assignable, non-transferable, royalty-free, worldwide limited right to use the Bubbling Platform subject to the Terms.
You acknowledge that you are responsible for procuring and operating all computer systems, software, and telecommunications Services required to meet the minimum technical specifications necessary to access and use the Bubbling Platform, and you may be unable to access or utilize some or all aspects of the Bubbling Platform unless such minimum technical specifications are met.
You acknowledge that Bubbling has no delivery obligation and will not ship copies of the Bubbling Platform to you as part of the Services. You agree that you do not acquire under the Terms any license to use the Bubbling Platform in excess of the scope and/or duration specified in these Terms. Upon the end of the Terms, your right to access or use the Bubbling Platform shall terminate.
Bubbling agrees to provide you access to the Bubbling Platform and to enable you to use the Services and purchase products via the Services on the Bubbling Platform. Bubbling shall enable your access to the Bubbling Platform within 2 working days (excluding Saturday), except in the following cases: (i) mutual consent with you, (ii) in the application of the grounds for refusal of access mentioned in the Terms, (iii) failure to act on the part of you, or (iv) force majeure. Bubbling’s failure to enable access to the Bubbling Platform within the aforementioned time period shall result in an extension of your access to the Bubbling Platform for the number of days that such access was not enabled passed this time period.
You acknowledge that by using Services via the Bubbling Platform, you use these Services directly from the third parties offering those Services and the third parties’ standard terms and conditions presented to you. Bubbling is not responsible for and has no liability for the data that is visualised concerning the Services or any interactions or disputes between you and the third parties.
You acknowledge that the rates that apply for the Services can be found on the Bubbling Platform and that these rates may be modified or updated from time to time.
Bubbling does not endorse, sponsor, recommend, or make any guarantees about the Services made available via the Bubbling Platform.
6. Fees And Payment
From time to time, certain products or Services within Bubbling may be subject to payment (including for the provision of Bubbling or provision of certain additional features within Bubbling). You agree that you are solely responsible for all fees and taxes associated with any such payments and that pricing and availability of Items and products are subject to change at any time. Bubbling may suspend or cancel access to specific Services and/or Bubbling if Bubbling does not receive an on-time, full payment from you. Suspension or cancellation of access to the Services and/or Bubbling for non-payment can also result in a loss of access to and use of your account and your content. Any payer other than you does not acquire any rights whatsoever with regard to Bubbling.
6.2. Payment Methods
Bubbling takes full responsibility for all payments for the Services through Bubbling, except when the Service explicitly states that payment is made directly with the third party.
To pay the fees for a Service or for the usage of the Bubbling platform, you will be asked to provide a payment method. If so required, you shall promptly update your account and other information, including your contact and payment method details, in order to enable Bubbling to complete your transactions and contact you as needed in connection with your transactions. Additionally, you permit Bubbling to use any updated account information regarding your selected payment method provided by your issuing bank or the applicable payment network.
By providing Bubbling with a payment method, you (i) represent that it is authorized to use the payment method that is provided and that any payment information it provides is true and accurate, and (ii) authorize Bubbling to charge you for use of the Bubbling Platform and the Services using your payment method. Bubbling may bill you (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) on a recurring basis for subscription Services. Also, Bubbling may charge you up to the amount you have approved, and Bubbling will notify you in advance of any change in the amount to be charged for recurring subscription Services. Bubbling may bill you at the same time for more than one of your prior billing periods for amounts that haven’t previously been processed.
6.4. Recurring Payments
When you purchase Services on a subscription basis (e.g. a monthly subscription for a Specific Service), you acknowledge and agree that you are authorizing recurring payment, and payments shall be made to Bubbling by the method you have chosen at the recurring intervals, as applicable, until the subscription for that Service is terminated by you or Bubbling. By authorizing recurring payments, you authorize Bubbling to process such payments as either direct debits or as charges to your designated account. Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any Credit card or similar transaction is rejected or denied, and if you have provided Bubbling with one or more alternative payment methods, Bubbling shall be entitled to use and/or all of such alternative payment methods to effect the recurring payment.
You may choose for subscription Services to automatically renew at the end of a fixed Service period. Bubbling shall remind you before any Services renew for a new term, and notify you of any price changes. Once Bubbling has reminded you that the subscription Services will automatically renew, Bubbling may automatically renew these subscription Services at the end of the current Service period and charge you the then-current price for the renewal term, unless you have chosen to cancel the subscription Services. Bubbling will provide you with instructions on how you may cancel the subscription Services and you must cancel the subscription Services before the renewal date to avoid being billed for the renewal.
6.5. Online Statement and Errors
Bubbling will provide you with a billing statement on the Bubbling Platform and/or via e-mail. This is the only billing statement that Bubbling provides. If Bubbling makes an error on your bill, you must inform Bubbling thereof within 30 days after the error first appears. Bubbling will then promptly investigate the charge. If you do not tell Bubbling within that time, you release Bubbling from all liability and claims of loss resulting from the error and Bubbling won’t be required to correct the error or provide a refund.
6.6. Refund Policy
Unless otherwise provided, all purchases are final and non-refundable. If you believe that Bubbling has charged you in error, you must contact Bubbling within 30 days of such charge. No refunds will be given for any charges more than 30 days old. You must indicate the charge concerned and the amount disputed in any complaint filed. The obligation to pay the disputed amount will then be suspended. The lodging of a complaint does not exempt you from your obligations to pay the uncontested charges. If Bubbling rejects a complaint, the disputed charge must be paid immediately. Bubbling reserves the right to issue refunds or credits at Bubbling’s sole discretion. If Bubbling issues a refund or Credit, Bubbling is under no obligation to issue the same or similar refund in the future. This refund policy does not affect any statutory rights that may apply. Any such refunds will be credited to your Account.
6.7. Cancelling Services
You may cancel Services at any time, with or without cause. You should refer back to the offer describing the Services as (i) you may not receive a refund at the time of cancellation, (ii) you may be obligated to pay cancellation fees, or (iii) you may be obligated to pay all charges made to your account for the Services before the date of cancellation. Refunds, if any, will be credited to your Account.
6.8. Trial-Period Offers
If you is taking part in any trial-period offer, you must cancel the trial Service(s) by the end of the trial period to avoid incurring new charges, unless Bubbling notifies you otherwise. If you do not cancel the trial Service(s) by the end of the trial period, Bubbling may charge you for the Service(s).
You can top up money on your account (the Credit). You shall ensure that you have sufficient Credit on your account or on your Payment Methods to provide for payment of subscription fees and/or Services purchased via the Bubbling Platform. Such fees will be deducted from your Credit balance or your Payment Methods.
You can enable an auto-recharge feature when you buy Credit by ticking the appropriate box. If enabled, the balance of your Credit will be recharged with the same amount and by your chosen payment method every time your account balance goes below the threshold set by Bubbling from time to time. If you purchased a subscription and enabled auto-recharge, the balance of your Credit will be recharged with the amount necessary to purchase the relevant your next recurring subscription. If any payment is returned unpaid or if any Credit card or similar transaction is rejected or denied, and if you have provided Bubbling with one or more alternative payment methods, Bubbling shall be entitled to use and/or all of such alternative payment methods to effect the recurring payment. You can disable auto-recharge at any time by accessing and changing its settings on the Bubbling Platform.
You shall not be entitled to set off any counterclaims or to suspend the payment of an invoice.
You shall pay all undisputed invoices within 14 days after you receive the invoice.
If you make a partial payment and this payment does not correspond in full to the amount outstanding for the use of Bubbling Platform and/or Services, Bubbling reserves the right to attribute this payment at random to the amounts still due.
Bubbling will inform you of the amount to be paid if you claim not to have received your bill. A copy of the bill will be provided to you on request. Repeated requests by you for duplicate bills and requests for copies of bills predating the last three bills may result in you being charged a fixed administrative charge per copy.
6.12. Late payment
In case of late payment, Bubbling can charge you the applicable Belgian statutory interest rate for trade agreements to the outstanding amount. If after you have been given written notice of non-payment by Bubbling, you persist in not paying the invoice, Bubbling shall be entitled to engage third parties in obtaining payment from you and charge the related costs to you.
7. Reservation of rights and restrictions
7.1. Proprietary Rights; No Implied Licenses
You acknowledge that Bubbling owns all Intellectual Property Rights and other proprietary interests that are embodied in, or practised by, the Bubbling Platform. “Intellectual Property Rights” are all intellectual property rights, including the exclusive rights held by the owner of a copyright, patent, trademark, or trade secret, including (i) the rights to copy, publicly perform, publicly display, distribute, adapt, translate, modify and create derivative works of copyrighted subject matter; (ii) the right to exclude another from using, making, having made, selling, offering to sell, and importing patented subject matter and from practising patented methods, (iii) the rights to use and display any marks in association with businesses, products or Services as an indication of ownership, origin, affiliation, endorsement, or sponsorship; and (iv) the rights to apply for any of the foregoing rights, and all rights in those applications. Intellectual Property Rights also include any rights associated with particular information that is granted by law and that gives the owner, independent of contract, exclusive authority to control the use or disclosure of the information and any rights in databases recognized by applicable law.
To be clear, however, the preceding paragraph does not constitute a representation or warranty regarding ownership of any intellectual property rights or other proprietary interests. There are no licenses granted by implication under these Terms and Bubbling reserves all rights that are not expressly granted.
7.2. Your content
When you submit, upload, transmit or display any data, information, media or other content in connection with your use of Bubbling (“Your Content”), you understand and agree that:
· you will continue to own and be responsible for Your Content;
· we will not sell Your Content to any third party;
· you grant other Bubbling users a non-exclusive licence to access and use Your Content within Bubbling, in accordance with these Terms and Bubbling’s functionalities;
· we may use the name that you submit in connection with Your Content (whether that be your account name, real name or otherwise); and
· you will comply with these Terms, including our Bubbling Acceptable Use Policy, in your submission of Your Content.
· are allowed to retain and continue to use Your Content after you stop using Bubbling;
· may be required to retain or disclose Your Content: (a) in order to comply with applicable laws or regulations; (b) in order to comply with a court order, subpoena or other legal processes; (c) in order to respond to a lawful request by a government authority, law enforcement agency or similar body; or (d) where we believe it is reasonably necessary to comply with applicable laws or regulations, in each case including (where applicable) orders, requests and other legal processes issued or made pursuant to mutual legal assistance treaty or similar lawful means. You may refer to our Law Enforcement Data Request Guidelines and Governmental Request Policy for further details on how we may retain or disclose Your Content;
· may be required to retain or disclose Your Content in order to enforce these Terms or to protect any rights, property or safety of ours, our affiliate companies or other users of Bubbling.
We reserve the right to block or remove Your Content for any reason, including as is in our opinion appropriate, as required by applicable laws and regulations or in accordance with Bubbling Acceptable Use Policy. We reserve the right to determine the visibility, status, or rank of Your Content on Bubbling.
7.2.2. Responsibility for Your Content
You are solely responsible for Your Content. We are not responsible for maintaining a backup of Your Content – we recommend that you keep a backup copy of it at all times.
You must at all times ensure that:
· you have the rights required to copy, process, transmit, access, publish, display and use Your Content, and to grant us and other third parties the rights as set out in these Terms; and
· Your Content (and our use of Your Content in accordance with these Terms) does not infringe or violate any applicable laws or regulations or the rights of any person.
If you provide ideas, suggestions, or other feedback in connection with your use of the Bubbling Service or any Content (“Feedback”), such Feedback is not confidential and may be used by Bubbling without restriction and without payment to you. Feedback is considered a type of Your Content under these Terms.
7.3. Third-Party Content And Services
When you use Bubbling you may be able to access content from a variety of sources – it may be content posted by other users of Bubbling, content provided by Services or any other third-party content made available or accessible when using Bubbling (together we refer to all of this content as “Third-Party Content”).
All Third-Party Content must comply with our policies, as well as applicable laws and regulations. If we receive a complaint, or become aware of a concern, regarding Third-Party Content, then we may review that Third-Party Content. We may take action to ensure the Third-Party Content complies with our policies, or if it is considered to have violated our policies, we may remove or refuse to make available or link to it. This may be, for example, if the Third-Party Content is considered by us, or is alleged, to infringe intellectual property rights, is determined to be obscene, defamatory or abusive, if it violates any rights, or if it poses any risk to the security or performance of Bubbling.
You should remain vigilant when accessing, using or consuming Third-Party Content. We cannot review all Third-Party Content prior to it being posted, so if you believe any Third-Party Content is inaccurate, misleading, defamatory, offensive or unlawful please let us know immediately. Please also remember that Third-Party Content, as well as any other information or content accessible via Bubbling that is not posted by you, may be owned by a third party, and just because you have accessed content on Bubbling does not mean you have any rights in or to any such content. You should always respect the rights of others when using Bubbling – if you would like to use content in a particular way you should always seek permission from the relevant rights holder.
The Bubbling platform also provides access to a variety of third-party products and Services. These products, Services and websites are operated by third parties, so we are unable to guarantee their quality, reliability or suitability. If you use or interact with these third-party offerings then you should direct any questions, complaints or queries to the relevant third party who operates that offering, as we bear no responsibility for your use of those offerings, or any relationship you may enter into with any such third parties (including any payment obligations or fees that you may incur in your use of such third party offerings).
Offerings made available by third parties, or Third-Party Content, may also be subject to further terms from that third party – for example, terms from the relevant third party that originally produced or created such content or Service, terms in relation to promotional activities being held on Bubbling, terms relating to your use of third party-provided Bubbling login functionality, or terms governing your use of any Service provided by a third party. You are solely responsible for reviewing and complying with any such third-party terms and conditions.
We have the right to remove, at our sole discretion and without notice to you, any content, programs and/or Services that are made available within Bubbling (including any of Bubbling’s associated platforms or Services), in accordance with these Terms.
8. Your Device
In order for us to provide Bubbling to you, we may require virtual access to and/or use of your relevant device (e.g. mobile phone, tablet or desktop computer) that you use to access Bubbling – for example, we may need to use your device’s processor and storage to complete the relevant Bubbling Software installation, or we may need to access your contact list to provide certain interactive functions within Bubbling.
We will provide further information regarding how Bubbling uses and accesses your device within Bubbling or in another manner (e.g. via the relevant app store as part of the installation process for Bubbling on your device). You agree to give us such access to and use of your device, and you acknowledge that if you do not provide us with such right of use or access, we may not be able to provide Bubbling (or certain features within Bubbling) to you.
You may need an adequate internet connection in order to authenticate your Bubbling account or use Bubbling. You may also be required to activate certain functionalities within Bubbling in the manner described within Bubbling. You may not be able to use certain functionalities within Bubbling if you do not comply with such requirements.
Please note that we are not responsible for any third-party charges you incur (including any charges from your internet and telecommunication Services providers) in relation to or arising from your use of Bubbling or Bubbling Software.
9. Third-Party Software
You are solely responsible for any software (whether your own software or software supplied by third parties) used by you in connection with your use of Bubbling, including any third-party software or Services made available to you through Bubbling (“Third Party Software”).
Please note that we are not responsible for and are not liable for any damages or losses arising from your use of the Third-Party Software and we do not endorse, support or guarantee the quality, reliability or suitability of any Third Party Software. You must comply with any terms and conditions applicable to Third Party Software.
We do not provide any technical support for any Third-Party Software. Please contact the relevant supplying third party for such technical support.
10. Representations and warranties
We warrant to you that we will provide Bubbling using reasonable care and skill.
Except as otherwise expressly represented or warranted in these Terms, to the maximum extent permitted by applicable law, the Bubbling Platform is provided by Bubbling “as is,”, “as available” and Bubbling disclaims any other promises, conditions, representations and warranties, whether express or implied, including, but not limited to, any implied warranties of fitness for a particular purpose, satisfactory quality, reasonable skill and care, non-infringement, non-interference, system integration and/or data accuracy. Bubbling does not warrant that the Bubbling Platform or any other products or Services provided by Bubbling or a third party will meet your requirements or that the operation of the Bubbling Platform will be uninterrupted, secure, free from viruses or error-free, that all errors will be corrected, that the Bubbling Platform is compatible with your device. No warranty is made on the basis of course of performance, course of dealing, or trade usage.
11. Exclusion and limitations of liability
Generally speaking, Bubbling shall be held liable only in the event of criminal deception or serious misconduct (namely an infringement of major contractual obligations) on its part or on the part of one of its employees. Moreover, you recognize and accept that Bubbling cannot be held liable for any immaterial damage, or for damage such as loss of income, loss of profits, business interruption, or loss of or damage to data. Without prejudice to the mandatory legal provisions, in all cases where Bubbling may be found liable, such liability shall be limited to an amount equal to your subscription fees of the past 6 months.
Bubbling is not liable in the event that the Bubbling Platform is improperly used or computer systems, software, and telecommunications Services used by you to access the Bubbling Platform malfunction
Bubbling is not liable for third-party Services, including Services provided via the Bubbling Platform, nor for any damage resulting from the intervention of a third party.
We may in our discretion provide technical support for Bubbling (whether for free or for a fee). We provide technical support without any guarantee or warranty of any kind and are subject always to these Terms.
11.2. Your Liability
You are liable vis-à-vis Bubbling for any damage, material or otherwise, resulting from your improper use of the Bubbling Platform, and shall reimburse Bubbling for any damage incurred in this regard.
In case of loss or theft of Login Info, you shall continue to be liable for the payments due under these Terms, unless you inform Bubbling of the loss or theft immediately by telephone and, at the same time, ask Bubbling to deactivate your account. In that case, you will be exempt from having to pay for any transactions made via yours. Your statement must be confirmed immediately by a registered letter, addressed to Bubbling.
11.3. Exclusions of Remedies
Nothing in these Terms shall exclude or limit you or our liability (i) for death or personal injury caused by its negligence, (ii) for fraud or fraudulent misrepresentation, (iii) for gross negligence or willful misconduct, or (iv) to the extent such liability cannot, as a matter of law, be limited or excluded.
11.4. Bubbling Exclusions of Remedies
Nothing in these Terms shall exclude or limit your obligation and liability to pay any fees when due pursuant to these Terms.
11.5. Essential Basis of the Terms
You acknowledge and understand that the disclaimers, exclusions and limitations of liability set forth in this Section form an essential basis of the agreement between you and us, that you and we have relied upon such disclaimers, exclusions and limitations of liability in negotiating the terms and conditions in these Terms, and that absent such disclaimers, exclusions and limitations of liability, the terms and conditions of these Terms would be substantially different.
12. Term And Termination
12.1. Duration of Terms.
12.2. Suspension and termination by Bubbling
We may suspend or terminate your access to your account or any or all of Bubbling:
· if we undertake maintenance or support of Bubbling;
· to make changes to Bubbling as notified by us to you;
· if we reasonably believe that you have breached these Terms;
· if your use of Bubbling creates risk for us or for other users of Bubbling, gives rise to a threat of potential third party claims against us or is potentially damaging to our reputation;
· if you fail to use Bubbling for a prolonged period;
· if such suspension or termination is required due to applicable laws; or
· to the extent permitted by applicable laws and regulations, for any other reason in our sole and absolute discretion,
and where reasonably practicable, we will give you advance notice of any suspension or termination.
If we suspend your access to any or all of Bubbling then, to the extent permitted by applicable laws and regulations in your jurisdiction:
· a. you remain responsible for all fees accrued through the date of suspension (including where the fees were incurred before the suspension date but the performance of the relevant obligations was after the suspension date); and
· b. you remain responsible for any applicable fees for any part of Bubbling to which you continue to have access.
The suspension takes place without you being entitled to claim any form of compensation. The restriction or full suspension of your access to the Bubbling Platform will end when you comply with your obligations. You will continue to be liable for the payment of any subscription fees throughout the duration of the full suspension of your access to the Bubbling Platform.
In the event of an exceptional increase in your use of the Bubbling Platform or Services, Bubbling reserves the right to limit all or part of your access to the Bubbling Platform or suspend and/or terminate all or part of your access to the Bubbling Platform.
If you have not settled your debts within the period fixed in the official reminder, Bubbling may terminate your access ipso jure.
These Terms shall be voided ipso jure and without notice in the event of cessation of business, the bankruptcy of you, collective debt settlement or liquidation.
12.3. Termination by you
You may terminate your use of Bubbling, or any of the Services accessible therein, at any time (including if we have told you about an upcoming change to all or part of Bubbling or these Terms to which you do not agree to). If the terminated Service is a paid Service, we may deduct from any refund a reasonable proportion of such fee as compensation for the costs incurred by us in ending the relevant Service.
12.4. General consequences of termination.
Effective immediately upon expiration or termination of these Terms, you shall cease using the Bubbling Platform. As soon as can reasonably be accomplished after these Terms expire or are terminated, each Party will discontinue its use and will return proprietary materials of the other Party. If a Party has payment obligations that have accrued but remain unpaid at the time of expiration or termination, the Party will make payment in full within ten (10) days after the expiration or termination.
If your access to Bubbling is terminated (in whole or in part) by you or us, you agree that:
12.5. Retention and backup of Your Content
12.6. Continuing Force of Certain Provisions
It is hereby agreed that the rights and obligations of the Parties under these Terms, which are by their nature and wording destined to produce effects after termination or cancellation of the Terms, shall survive and continue after any termination or cancellation of these Terms and shall bind the parties, their successors, their assigns and their legal representatives.
13.1. Excuse from liability for non-performance due to force majeure
Except for payments owed hereunder, if a Party is prevented from performing its duties under these Terms as a result of an event of force majeure, its failure to perform will not be considered a breach of these Terms, and its performance will be excused for the duration of the force majeure. For purposes of these Terms, an event of “force majeure” refers to an act of God, war, natural disaster and other events beyond all reasonable control of the non-performing Party.
13.2. No Third-Party Beneficiaries
The Parties acknowledge that the covenants set forth in these Terms are intended solely for the benefit of the Parties, their successors and permitted assigns. Nothing herein, whether express or implied, will confer upon any person or entity, other than the Parties, their successors and permitted assigns, any legal or equitable right whatsoever to enforce any provision of these Terms.
13.3. Transfer Of The Terms
You may not transfer your rights and obligations under these Terms. Bubbling has the right to transfer all or some of its rights and obligations under these Terms to a third party, without your consent.
13.4. Governing Law; Jurisdiction
These Terms shall be governed by and construed solely and exclusively in accordance with the laws of Belgium, without giving effect to any law that would result in the application of the law of another jurisdiction or to the United Nations Convention on the International Sale Of Goods. Any dispute arising out of or in connection with these Terms that shall not be amicably settled by the parties through good faith negotiations within three (3) months after notification in writing by any of the parties, shall be under the exclusive jurisdiction of the courts of Ghent. Notwithstanding the foregoing, any Party may seek immediate injunctive or other interim relief from any court of competent jurisdiction with respect to any matter for which monetary damages would not adequately protect such party’s interests or otherwise to enforce and protect Intellectual Property Rights owned by or licensed to such Party.
13.5. Entire Terms
The Parties agree that the provisions of these Terms are the entire Terms between them regarding the matters that these Terms address, including the Parties’ respective confidentiality obligations. You agree that you will have no claim against us for any statement which is not explicitly set out in these Terms. The Parties also agree that any prior Terms or representations about those same matters, whether written or oral, are superseded by these Terms, and previous oral Terms about those matters do not have any legally binding force.
Even if the law will not enforce a provision of these Terms in a particular instance, the Parties intend to remain bound by the other, enforceable provisions. If the unenforceable provision could be interpreted in a manner or be modified so that would render it enforceable, while still reflecting the Parties’ mutual intent, they intend for that interpretation or modification, as applicable, to apply. If permitted by law, the Parties also intend for the provision that cannot be enforced in that instance to remain applicable in any other instances when it can be enforced.
As Bubbling operates in a changing commercial, technological and regulatory environment, it may be compelled to amend the terms of these Terms from time to time. In such case, you will be prompted to accept the amended Terms via Bubbling, and the continued use of the Bubbling by you shall represent your acceptance of such amended Terms.
Any such changes will not apply to any dispute between you and us arising prior to the date on which the Terms were changed. If you do not wish to continue using Bubbling under the updated Terms, you may terminate your account by contacting us. The effective date set forth at the top of this document indicates when these Terms were last changed.
In case of a rate increase or price indexation for use of the Bubbling Platform, you may terminate these Terms, without having to pay a penalty, by sending a letter addressed to Bubbling by no later than the last day of the month following the receipt of the first bill issued after the changes entered into effect. A rate increase or price indexation of Services available on the Bubbling Platform shall not entitle you to terminate these Terms.
Even if a Party fails to enforce its rights under these Terms in a particular instance, the other Party must still perform its duties in that instance unless the non-enforcing Party physically signs a paper that expressly waives its rights in that instance, and any such waiver only applies to the particular instance and particular rights expressly waived.
13.9. No implications of section titles
The titles to each of the sections of these Terms are intended only to facilitate convenient reference; the Parties agree that those titles are not part of the Terms and should not be used to interpret any part of these Terms.
We may translate these Terms into multiple languages. If there is any difference between the English version and any other language version of these Terms, the English version will apply (to the extent permitted by applicable laws and regulations).
You hereby accept the use of email for the transmission of information requested regarding the conclusion or performance of the Terms and, in general, for all exchanges under the Terms. You furthermore agree that (i) the presence of an identification code shall validly identify the author of a document or message and establish the authenticity of the document or message, and (ii) the parties may avail themselves of a paper printout of an email message from an email Service to prove the content of exchanges they have had about the performance of these Terms, and (iii) the data recorded by Bubbling via the Bubbling Platform shall constitute proof of all transactions made by you.
13.12. Customer Service contact
You must turn to the third party offering the Service in case of problems with the operation or use of it.
You can turn to the ombud Service or Bubbling help centre via email@example.com for questions about the operation of the Bubbling Platform, questions about the execution of the Terms and questions about payments. You will be offered help in French, Dutch and English.