Bubble Terms and Conditions
These Terms and Conditions (the "Terms") govern the use of the Bubble Platform, Amy and related services provided by Bubble Research B.V., a company incorporated in the Netherlands, with registered address at Joos Banckersweg 25 2, 1056 ER Amsterdam, the Netherlands, and registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 97554413 ("Bubble"). The Bubble Platform is available at https://app.bubble-research.ai.
Support contact: support@bubble-research.ai. Privacy contact: privacy@bubble-research.ai.
1. Definitions
In these Terms:
- "Admin User" means an Authorised User designated by Customer with administrative rights to manage Customer's workspace, Authorised Users and workspace settings.
- "Agreement" means the Order Form as agreed between the Parties, these Terms and any other agreed arrangements, conditions and appendices.
- "AI Act" means Regulation (EU) 2024/1689 laying down harmonised rules on artificial intelligence, as amended from time to time.
- "AI Model" means an algorithmic model or programme that makes inferences, correlations or predictions and/or generates output from the input data it receives, using a variety of architectures.
- "AI System" has the meaning defined in Article 3(1) of the AI Act.
- "Amy" means the product-marketing agent described in section 18; "Amy Materials" means the agent package (instructions, knowledge files and related materials) that Bubble makes available for use of Amy inside Customer's own account with a third-party AI assistant or large language model (LLM) service of Customer's choice (such as Anthropic's Claude, OpenAI's ChatGPT or Google Gemini).
- "Authorised Users" means employees, contractors or other personnel of Customer who are authorised by Customer to access and use the Bubble Platform under Customer's account.
- "Bubble AI" means the AI System(s) and/or AI Model(s) (including Third-Party AI, if applicable) made available to Customer by Bubble.
- "Bubble Platform" means Bubble's B2B SaaS platform for structured research workflows, including APIs, Bubble AI, related software and tools.
- "Connected Application" means an AI assistant application or other third-party service that Customer connects to its own Bubble workspace through an authorised (OAuth) connection and to which Customer directs data, as described in section 16.
- "Connected Apps List" means the list of Connected Applications Bubble currently supports, as shown in the Bubble Platform.
- "Credits" means the internal consumption unit used to run workflows, process assets or generate Deliverables.
- "Customer" means any natural person or legal person who is acting, including through any person acting in that natural or legal person's name or on that natural or legal person's behalf, for purposes relating to that person's trade, business, craft or profession, as identified in the Order Form.
- "Customer Data" means any data, text, audio, video, files, documents, transcripts, interview recordings, positioning documents, sales call recordings, or other content that Customer or its Authorised Users upload, submit, connect, store or otherwise make available to the Bubble Platform.
- "Deliverables" means the outputs generated via the Bubble Platform and Bubble AI based on Customer Data.
- "Fees" means all subscription fees, Credit fees, Professional Services fees and any other charges payable by Customer under the Agreement, as set out in the Order Form.
- "GDPR" means the EU General Data Protection Regulation (Regulation (EU) 2016/679), as amended from time to time, and any applicable implementing national legislation.
- "Order Form" means the ordering document agreed between the Parties specifying the Plan, the services, the Subscription Term, the applicable Fees and other commercial details.
- "Party" means Bubble and/or Customer.
- "Plan" means a subscription plan for the Bubble Platform or for Amy, as described on the Pricing Page and in the Order Form. At the version date of these Terms the Plans are Free, Standard, Premium and Enterprise.
- "Pricing Page" means the pricing overview published on Bubble's website, as updated from time to time.
- "Professional Services" means the services described in section 17, as ordered in an Order Form.
- "Subscription Term" means the period during which Customer is authorised to use the Bubble Platform, as specified in the Order Form (monthly or yearly, depending on the Plan).
- "Third-Party AI" means any AI System or AI Model that is provided by a third party.
- "Third-Party AI Providers" means any provider of Third-Party AI.
2. Applicability and acceptance
2.1 The Agreement is concluded when the Order Form is signed by both Parties or when Customer otherwise accepts it in writing (including by email).
2.2 By accessing or using the Bubble Platform or the Amy Materials, Customer also agrees to be bound by these Terms. For the Free plan, if no Order Form is concluded, the Agreement is concluded at the moment Customer accepts these Terms in writing or first uses the Amy Materials, whichever is earlier.
2.3 If you accept these Terms on behalf of the Customer, you represent that you have the authority to bind the Customer.
3. Service description and scope
3.1 Bubble provides a B2B software-as-a-service platform that enables product marketing managers, product teams and research professionals to run structured research workflows on their existing materials, such as customer interview transcripts, sales call transcripts, positioning documents and other business documents. The Bubble Platform applies defined methodologies in automated, multi-step AI workflows to produce structured research reports with verbatim citations. Supported file formats and upload limits are described on Bubble's website.
3.2 The Bubble Platform and the Deliverables are research inputs and decision-support tools for trained professionals. They do not constitute legal, financial, medical or other regulated professional advice. Professional Services are performed with professional care; section 17 applies to them and outcomes are not guaranteed.
4. Accounts and access
4.1 Authorised Users must have an account to use the Bubble Platform. Customer designates at least one Admin User. Customer can invite Authorised Users through its Admin User. Customer must ensure that all information provided during registration is accurate, complete and kept up to date.
4.2 Customer is responsible for: (a) designating Authorised Users; (b) ensuring that Authorised Users comply with these Terms; and (c) the acts and omissions of Authorised Users as if they were Customer's own.
4.3 Customer must keep login credentials confidential, must promptly notify Bubble of any unauthorised access or suspected security breach relating to its account, and must ensure that Authorised Users comply with this requirement. Bubble may assume that activities conducted through the accounts of Authorised Users have been authorised by Customer, except for actions performed by Bubble itself through a support impersonation session (clause 20.15).
5. Plans, Credits and pricing model
5.1 Bubble offers four Plans: Free, Standard, Premium and Enterprise. The features, seat allowances, Credit allocations and prices of each Plan are set out on the Pricing Page and in the Order Form, not in these Terms. The Free plan gives access to Amy only (section 18) and does not include access to the Bubble Platform. The Standard plan runs on a monthly Subscription Term. The Premium and Enterprise plans run on a yearly Subscription Term.
5.2 Bubble may modify or discontinue the Free plan, in whole or in part, at any time, with reasonable notice where practicable.
5.3 Workflow runs consume Credits. Analysing a transcript or other uploaded file consumes Credits at the published rates. Workflows that combine existing reports consume Credits per input report. The exact consumption rates are published on the Pricing Page. Credits are consumed by workflow runs regardless of how a run is initiated, in the Bubble Platform or from a Connected Application. Reading or querying existing reports through a Connected Application does not consume Credits unless expressly stated in the Order Form.
5.4 Bubble may adjust Credit consumption rates from time to time on reasonable notice. Notice may be given in-app or by announcement on Bubble's website. An adjustment of consumption rates is not a change of Fees and does not create a termination right.
5.5 Credits included in a Plan's monthly allocation expire at the end of each month. They do not accumulate and do not roll over.
5.6 Customer may purchase extra Credits in bundles, as set out on the Pricing Page, via the Order Form or by written request (invoiced per section 6). Purchased Credits remain valid for as long as Customer's subscription is active. If the Agreement ends, Customer has 90 days to reactivate a subscription and use the remaining purchased Credits; after that period they lapse.
5.7 Credits are not refunded when Customer cancels the Agreement. If Bubble terminates the Agreement for a reason other than Customer's breach (clause 8.2), or discontinues the Bubble Platform, Bubble refunds unused purchased Credits at the price Customer actually paid for them. Credits granted free of charge (goodwill or promotional Credits) carry no refund value and expire in accordance with the terms of the grant.
5.8 Plan changes are agreed in writing (by Order Form). An upgrade takes effect as agreed between the Parties, with additional Fees charged pro-rata for the remainder of the then-current Subscription Term. A downgrade takes effect at the start of the next Subscription Term. When a downgrade takes effect, the entitlements of the previous Plan end.
5.9 Bubble may offer discounts as specified in the Order Form.
5.10 Bubble may change the Fees with effect from the start of the next Subscription Term by giving Customer notice before that term begins. For monthly Plans, Bubble gives at least 30 days' notice and the change takes effect from the next monthly period. For yearly Plans, if Bubble gives notice of a Fee increase less than 2 months before the end of the then-current Subscription Term, Customer may decline renewal at the increased Fees by terminating the Agreement with effect from the end of that Subscription Term, by written notice given within 1 month after Bubble's notice; in that case the notice period in clause 8.1 does not apply to that termination.
5.11 If Bubble increases the Fees during a running Subscription Term at its own discretion (other than under clause 5.12), Customer may terminate the Agreement by written notice with effect from the date the increase takes effect. In that case Bubble refunds the prepaid Fees for the unused part of the Subscription Term on a pro-rata basis.
5.12 For commitments longer than one year agreed in an Order Form, Bubble may adjust the Fees once per contract year in line with the Dutch consumer price index (CPI, all households) as published by Statistics Netherlands (CBS). This indexation does not create a termination right. A mid-term increase above that indexation is treated as an increase under clause 5.11.
6. Fees, invoicing and payment
6.1 Customer owes the Fees set out in the Order Form. All Fees are exclusive of VAT.
6.2 Bubble invoices: (a) monthly Plans per monthly billing period; (b) yearly Plans in one upfront invoice per annual Subscription Term; and (c) purchased Credit bundles and Professional Services at the time of purchase or as stated in the Order Form. Invoices are payable within 30 days of the invoice date.
6.3 Fees for a committed Subscription Term are non-refundable, except where these Terms expressly provide for a refund: clause 5.7 (purchased Credits on a Bubble-initiated exit), clause 5.11 (mid-term price increase), clause 12.3 (discontinued functionality), clause 22.3 (force majeure) and clause 24.3 (amendment of these Terms).
6.4 If an invoice is not paid within the payment term, Bubble first sends a written payment reminder. If Customer does not pay within the period stated in the reminder, Customer is in default (verzuim) without further notice of default (ingebrekestelling) being required. From the moment of default: (a) statutory commercial interest (wettelijke handelsrente) is payable on the outstanding amount; (b) Bubble may suspend access to the Bubble Platform after giving notice of the intended suspension; and (c) if non-payment continues, Bubble may terminate the Agreement under clause 8.2. Partial payments are applied first to outstanding interest and costs and then to the oldest outstanding invoice amounts. Bubble may charge extrajudicial collection costs (buitengerechtelijke incassokosten) of 15% of the outstanding amount, or the actual extrajudicial costs, with a minimum of EUR 500.
6.5 Without prejudice to other legal remedies, if Customer fails to pay or does not pay on time, Bubble has the right to transfer the claim to third parties for collection. All judicial and extrajudicial costs are for the account of Customer.
6.6 Customer must notify Bubble of any objections to an invoice within 2 weeks of the invoice date, failing which the invoice is deemed to have been accepted by Customer.
7. Term and renewal
7.1 The Agreement enters into force on the effective date stated in the Order Form or, if no effective date is stated, on the date the Agreement is concluded (clause 2.1).
7.2 Monthly Plans renew automatically for successive monthly periods until terminated in accordance with clause 8.1.
7.3 Yearly Plans are committed for the agreed Subscription Term. They renew automatically for successive periods equal to the preceding Subscription Term, unless terminated in accordance with clause 8.1 or unless the Order Form states otherwise.
7.4 A Free-plan Agreement (section 18) runs for an indefinite period. Either Party may terminate it at any time by written notice with immediate effect.
8. Termination
8.1 Termination is effected by written notice to the other Party; Customer gives notice to Bubble by email to support@bubble-research.ai. For monthly Plans, either Party may terminate at any time, with effect from the end of the monthly period already paid for. For yearly Plans, either Party may terminate with effect from the end of the then-current Subscription Term by giving written notice at least 1 month before that term ends. If Bubble terminates without Customer being in breach, clause 5.7 applies to unused purchased Credits.
8.2 Either Party may terminate the Agreement with immediate effect in writing if the other Party: (a) fails to fulfil an essential obligation under the Agreement, after having been given written notice of default (ingebrekestelling) and not having fulfilled its obligations within a reasonable period, unless fulfilment is permanently impossible; (b) becomes insolvent or bankruptcy proceedings are initiated against it; (c) applies for or is granted a (provisional) moratorium on payments; or (d) ceases its business (almost) completely.
9. Consequences of termination
9.1 On termination of the Agreement, Customer's right to access and use the Bubble Platform ceases and all licenses granted for the use of the Bubble Platform and the Amy Materials lapse.
9.2 Credits are handled in accordance with clauses 5.6 and 5.7.
9.3 Customer Data is handled in accordance with clause 20.20: Bubble retains the data for 90 days after termination and then deletes it; Customer may at any time request earlier deletion (clause 20.20) or an export (clause 11.3).
9.4 If Bubble terminates the Agreement, Bubble owes Customer no payment, compensation or damages, except as expressly provided in these Terms (clauses 5.7, 5.11, 12.3, 22.3 and 24.3). Bubble retains the right to demand full payment and compensation as a result of Customer's failure to comply with the Agreement.
10. Intellectual property and licenses
10.1 All intellectual property rights in or relating to Bubble, the Bubble Platform and the Amy Materials are vested in Bubble and/or its licensors.
10.2 Bubble grants Customer a non-exclusive, non-transferable, non-assignable and non-sublicensable right to use the Bubble Platform for the duration of the Agreement for the uses described in the Agreement.
10.3 Customer grants Bubble a non-exclusive license (with the right to grant sublicenses to Bubble's group companies and its subcontractors) to host, store, process, transmit and display Customer Data for the duration of the Agreement, for the purpose of providing its services under the Agreement, maintaining and securing the Bubble Platform and complying with legal obligations. Section 15 governs Bubble's further use of Customer Data.
10.4 The right to use the Bubble Platform extends to the functionalities purchased in accordance with the Order Form. Customer cannot claim any right of use to functionalities that Bubble has not made operationally available to all its customers. Customer may not make the Bubble Platform or parts of it available to third parties, distribute it in any way, or publicly display, modify, adapt, copy or otherwise reproduce the application and the software on which it is based.
11. Customer Data
11.1 All Customer Data and Deliverables remain the property of Customer at all times.
11.2 Customer is responsible for the accuracy of the Customer Data entered into the Bubble Platform and for its maintenance.
11.3 Customer may at any time, and at the latest before the end of the 90-day retention period after termination (clause 20.20), request in writing that Bubble provide a copy of the Customer Data. Bubble transfers the Customer Data (as stored within the Bubble Platform) to Customer in a common machine-readable format within 10 working days of receiving the written request. The costs of providing the export are borne by Bubble.
12. Availability, changes and support
12.1 The Bubble Platform is made available as software as a service and hosted by Bubble in a cloud environment. Customer is not entitled to receive (part of) the Bubble Platform software on a physical medium.
12.2 The Bubble Platform is delivered "as is", in its current state. Bubble does not guarantee that the Bubble Platform will function without errors, interruptions or malfunctions, or that the data contained in it will be fully protected, accurate or complete at all times. Bubble makes a best effort to correct errors in the Bubble Platform. Bubble does not provide an uptime guarantee.
12.3 The Bubble Platform is provided as a service and is subject to change, which may alter its functionality. Bubble is not obliged to maintain, modify or add specific features or functionalities for Customer. If a functionality is no longer offered or maintained and no equivalent or better alternative is offered, Bubble informs Customer in writing at least 1 week before the phase-out. If the discontinuation concerns material functionality and Customer's Subscription Term at the time of notification is longer than the notification period, Customer may terminate the Agreement in writing until the functionality is discontinued. In that case Customer is entitled to a pro-rata refund of prepaid amounts.
12.4 Bubble provides support via email (support@bubble-research.ai) and, where made available, chat or in-app channels, during business hours (09:00-17:00 CET on Dutch working days, excluding Dutch public holidays). Support is provided on a best-effort basis. Bubble does not commit to response times and does not provide an uptime or availability service level agreement.
13. Acceptable use
13.1 Bubble makes no warranties, express or implied, regarding the suitability of the Bubble Platform for a particular purpose, its quality or its suitability for Customer's specific needs. It is Customer's responsibility to assess whether the Bubble Platform is suitable for the intended purposes.
13.2 When using the Bubble Platform, Customer shall protect its (peripheral) equipment, software, infrastructure and internet connection (and, where applicable, those of its Authorised Users) against viruses, computer crime and other unauthorised use by Authorised Users and/or third parties.
13.3 Customer shall use the Bubble Platform only in compliance with the Agreement, the technical and functional documentation made available by Bubble, and all applicable laws and regulations (including, without limitation, data protection law and intellectual property law).
13.4 When using the Bubble Platform, Customer and its Authorised Users shall not:
- (a) upload, submit or process any content that is illegal, harmful, fraudulent, defamatory, obscene, harassing, discriminatory or otherwise unlawful, or that infringes or misappropriates the intellectual property rights or other rights (including privacy or personality rights) of any third party;
- (b) upload, submit or process any content that contains special categories of personal data (such as health, biometric or genetic data), criminal offence data or other highly sensitive personal data, unless the Parties have agreed specific safeguards in writing (see also clause 20.4);
- (c) upload, submit or process any content or documents that are not reasonably necessary for the use of the Bubble Platform as described in clause 3.1;
- (d) use the Bubble Platform for any purpose beyond the scope of the license granted in the Agreement;
- (e) use the Bubble Platform to develop, train or improve competing products or services;
- (f) interfere with, disrupt or circumvent any security or access control measures of the Bubble Platform;
- (g) spread (computer) viruses or other files that could damage the Bubble Platform or its proper functioning;
- (h) use the Bubble Platform in violation of export control laws or sanctions; or
- (i) perform or cause to be performed any actions that may disrupt the Bubble Platform, (computer) networks or infrastructures, or that cause nuisance, limited use or unforeseen use for others.
13.5 Customer shall ensure that Authorised Users comply with the restrictions above and with the other obligations arising from the Agreement.
13.6 If any of the obligations above are breached, Customer and the Authorised Users concerned shall follow Bubble's reasonable instructions in that regard.
13.7 Bubble has the right to suspend or block access to the Bubble Platform if it has reasonable grounds to suspect that the Bubble Platform is being used by Customer and/or an Authorised User in violation of the Agreement. Where reasonably possible, Bubble notifies Customer before suspension.
13.8 Customer's payment obligation remains in force for as long as access to the Bubble Platform is suspended.
13.9 Customer is not permitted to allow third parties to use the Bubble Platform, other than use by Authorised Users or access through Connected Applications in accordance with section 16.
14. Use of AI
14.1 The core features of the Bubble Platform rely on AI. Bubble provides an AI System that is built on third-party general-purpose AI models, currently Google Gemini models made available through Google Vertex AI.
14.2 The intended use of Bubble AI is described in clause 3.1. Bubble AI may not be used for practices that are prohibited or classified as high-risk under the AI Act.
14.3 Customer shall: (a) provide Bubble, at its first written request, with reasonable support and information necessary to comply with legal obligations; (b) ensure that the data and information provided to the Bubble Platform and Bubble AI are lawful; (c) use Bubble AI exclusively in accordance with the intended use described in this section; and (d) not make excessive or repetitive requests (which may result in throttling) or cause significantly increased costs for Bubble through excessive use of the Bubble Platform and Bubble AI.
14.4 The Deliverables are generated on the basis of the input and context supplied by or on behalf of Customer. Customer is aware of the risks associated with the use of AI and Bubble cannot be held liable for such risks, including but not limited to: (i) hallucination of the Bubble AI; (ii) varying or incorrect Deliverables; (iii) outdated information and/or changed circumstances; (iv) infringement of third-party intellectual property rights; and (v) bias. Customer must always verify the accuracy and suitability of Deliverables and have them reviewed by a qualified person before using them for any business purpose.
14.5 Deliverables and other AI-generated outputs of the Bubble Platform are marked as AI-generated in a machine-readable format.
14.6 Bubble may use Third-Party AI Providers as part of the Bubble Platform and Bubble AI. In that context, Bubble ensures that such providers are bound by adequate contractual obligations. Bubble does not grant Third-Party AI Providers any rights to use Customer Data or Deliverables for their own purposes, including training of their general models, beyond what is strictly necessary to provide the Bubble Platform to Customer.
15. Bubble's use of Customer Data
15.1 Troubleshooting. Bubble may use Customer Data, Deliverables, user prompts and related run information to diagnose and fix technical problems. Bubble treats this information as confidential and uses it under this clause for no other purpose.
15.2 Product improvement, aggregated insights and model training. Bubble continuously improves its products. For that purpose, Bubble may analyse Customer Data, including research content, metadata and account attributes (for example, company size in relation to research topics), to improve the Bubble Platform and related products, to produce aggregated insights (such as benchmarks and trend reports), and to train models.
15.3 What Bubble never does. Every insight, benchmark, model or other output that Bubble publishes or derives under clause 15.2 is aggregated: it never identifies a person or a company. Bubble never sells Customer Data and never shares recognisable Customer Data with other customers. Model training only ever uses data that can no longer be traced back to a person or a company.
15.4 Customer's choice. Customer decides whether Bubble may use its Customer Data under clause 15.2. Customer makes this choice in the Order Form at signing and may opt out at any time afterwards by email to privacy@bubble-research.ai. Clause 15.1 (troubleshooting) and the processing needed to provide the Bubble Platform are not affected by this choice.
16. Connected Applications and integrations
16.1 The Bubble Platform allows Customer to connect Connected Applications to its own workspace. Connected Applications are AI assistant applications and other third-party services that Customer itself connects through an authorised (OAuth) connection and to which Customer directs data. This covers outbound connections (for example, reading research reports into an AI assistant application) and, where offered, inbound connections (for example, pulling data from Customer's own CRM or similar systems into the Bubble Platform).
16.2 The Connected Applications currently supported are shown on the Connected Apps List in the Bubble Platform. Bubble may support additional Connected Applications. Additions are announced by notice (which may be in-app or on Bubble's website) and take effect through an update of the Connected Apps List; they do not require an amendment of these Terms.
16.3 Through an outbound connection, the Bubble Platform can serve completed reports and library artifacts, including citation excerpts. It never serves raw uploaded files.
16.4 Connected Applications are disabled by default. An Admin User must enable the feature for Customer's workspace. Each Authorised User then authorises their own connection and can revoke it at any time. Revocation by a user and disabling by an Admin User take effect from the next request.
16.5 A Connected Application is a recipient to which Customer directs its data under Customer's own agreement with the provider of that application. Providers of Connected Applications are not sub-processors of Bubble. Content that has been delivered to a Connected Application is governed by Customer's agreement with that provider and cannot be recalled by Bubble.
16.6 Bubble does not control and is not responsible for the availability of Connected Applications or the platforms they run on. A provider may change or remove an integration at any time. Bubble may modify, suspend or discontinue an integration if the provider's changes require it; if this has a material adverse effect on Customer's use of the Bubble Platform, clause 12.3 applies.
16.7 Bubble applies security measures to its connector functionality. These measures mitigate, but cannot fully eliminate, the risks inherent in Customer's own Connected Applications and their platforms.
17. Professional Services
17.1 Bubble offers Professional Services: onboarding, coaching check-ins, custom workflows, custom assets, custom integrations (for example, integrating Bubble with Customer's CRM or agentic set-up) and full delivery of research projects by Bubble's team. Professional Services are ordered via the Order Form.
17.2 Professional Services are best-effort obligations (inspanningsverplichting under Dutch law): Bubble performs them with professional care, but does not guarantee a specific outcome or result.
17.3 Coaching check-ins are scheduled between the Parties within the entitlement stated in the Order Form. Unused coaching sessions do not roll over to a later period.
17.4 Bubble may reuse the general work products of custom builds (such as workflow structures, prompts and templates) for other customers; no exclusivity is granted unless expressly agreed in the Order Form. Customer Data and Deliverables are never reused for other customers.
17.5 Where Bubble personnel handle Customer Data in delivering Professional Services, section 20 (data processing) applies to that handling.
18. Amy (Free plan)
18.1 The Free plan gives Customer access to Amy, a product-marketing agent package that is used inside Customer's own account with a third-party AI assistant or large language model (LLM) service of Customer's choice (for example Anthropic's Claude, OpenAI's ChatGPT or Google Gemini). The Free plan does not include access to the Bubble Platform.
18.2 Bubble grants Customer a non-exclusive, non-transferable license to use the Amy Materials for Customer's internal business purposes for the duration of the Agreement. Customer may not redistribute, resell or publish the Amy Materials.
18.3 Conversations with Amy take place within Customer's own account with that third-party AI assistant provider and are governed by Customer's agreement with that provider. Bubble receives none of that conversation data.
18.4 Amy is not part of the Bubble Platform and the Amy Materials are provided without warranty of any kind. Clause 5.2 applies to changes to and discontinuation of the Free plan, and clause 7.4 applies to the term and termination of a Free-plan Agreement.
19. Security and confidentiality
19.1 Bubble treats Customer Data as confidential and takes appropriate technical and organisational security measures to protect it, taking into account the state of the art, the sensitivity of the information and the costs associated with the measures. Further information on Bubble's security measures is available on request via support@bubble-research.ai.
19.2 Bubble does not guarantee that the information security provided will be effective under all circumstances. Bubble is never obliged to restore damaged or lost Customer Data.
19.3 The Parties shall endeavour to keep all confidential information received from the other Party secret. The receiving Party shall use such information only for the purpose for which it was provided. The providing Party remains the exclusive owner of the information at all times, and it shall be returned to that Party upon first request, unless a legal provision prohibits this.
19.4 The Parties undertake to take all reasonable measures to ensure the confidentiality of confidential information received by them and shall comply with each other's reasonable instructions in this regard.
20. Data protection (data processing agreement)
20.1 To deliver and make available the Bubble Platform, Amy and related services, Bubble processes certain personal data as controller under the GDPR, such as account data of Authorised Users and usage data. Bubble processes this data in accordance with its privacy policy, published on Bubble's website. Bubble's privacy contact is privacy@bubble-research.ai.
20.2 When Bubble processes personal data contained in Customer Data ("Customer Personal Data") on behalf of Customer for the purpose of providing the Bubble Platform and related services (including Professional Services), Bubble is processor under the GDPR. Clauses 20.2 to 20.20 of these Terms form a data processing agreement within the meaning of Article 28 GDPR.
20.3 The subject matter and purpose of the processing of Customer Personal Data by Bubble is the provision of the Bubble Platform and related services as described in the Agreement, including hosting, storage, analysis and generation of Deliverables based on Customer (Personal) Data, as well as the operation, security, maintenance, optimisation and configuration of models and functionality made available to Customer in the Bubble Platform (including AI-based features), in each case in accordance with Customer's documented instructions under clause 20.5. The nature of the processing includes collection (via Customer's input), storage, organisation, structuring, analysis, consultation, use and, at Customer's direction, transmission (including to Connected Applications). The types of Customer Personal Data that may be processed are: any personal data included in any text, audio, video, files, documents, transcripts, interview recordings, positioning documents, sales call recordings or other content that Customer or its Authorised Users make available to the Bubble Platform. The categories of data subjects are: Customer's employees, Authorised Users and other relevant personnel, and all other natural persons whose personal data may be contained in Customer Data (such as interviewees and employees or contact persons of business contacts, suppliers and customers).
20.4 As controller, Customer is responsible for compliance with the GDPR. Customer shall in particular ensure that: (a) it has a lawful basis for the processing of the Customer Personal Data; (b) it informs the relevant data subjects about the processing of their personal data; (c) the Customer Personal Data it provides is accurate and up to date; and (d) the Customer Data does not contain special categories of personal data (such as health, biometric or genetic data), criminal offence data or other highly sensitive personal data, unless the Parties have agreed specific safeguards in writing (see also clause 13.4(b)). Customer indemnifies Bubble against any loss or damage suffered by Bubble if Customer acts in breach of this clause.
20.5 Bubble processes Customer Personal Data in its capacity as processor solely on the basis of documented instructions from Customer, unless required to process by EU law or other applicable law to which Bubble is subject. In that case, Bubble informs Customer of that legal requirement before processing, unless that law prohibits this on important grounds of public interest.
20.6 If, in Bubble's opinion, an instruction conflicts with the GDPR, Bubble informs Customer before processing.
20.7 Bubble processes Customer Personal Data for the duration of the Agreement. After termination of the Agreement, Bubble processes Customer Personal Data only as described in clause 20.20.
20.8 Bubble forwards to Customer, without undue delay, any requests, complaints and/or questions from data subjects relating to the Customer Personal Data that Bubble processes as processor for Customer. Taking into account the nature of the processing, Bubble assists Customer by appropriate technical and organisational measures, insofar as this is possible, in fulfilling Customer's obligation to respond to requests for the exercise of data subject rights. Where Customer instructs Bubble to erase the personal data of an individual user or other data subject, Bubble completes the erasure within 30 days of the instruction, subject to the retention carve-outs in clause 20.20.
20.9 Bubble shall, at Customer's request and expense, assist Customer in ensuring compliance with the obligations pursuant to Articles 32 to 36 of the GDPR, taking into account the nature of the processing and the information available to Bubble.
20.10 Customer grants Bubble general authorisation to engage sub-processors. The sub-processors engaged at the version date of these Terms are Google Cloud EMEA (cloud hosting, storage and AI processing) and Resend (transactional email). Bubble informs Customer of changes to this list in accordance with clause 20.11.
20.11 Bubble informs Customer at least 1 week before engaging a new sub-processor, stating the intended sub-processor and the location where the Customer Personal Data will be stored. Customer may object during this period, on reasonable and objective grounds only. If Bubble considers the objection justified, Bubble engages a different sub-processor. If Bubble considers the objection unjustified and Customer, after consultation with Bubble, maintains its objection, Bubble may terminate the Agreement with immediate effect without being liable for damages to Customer; in that case clause 5.7 applies and unused purchased Credits are refunded at the price actually paid. If Customer does not object to the intended sub-processor, Customer is deemed to have consented to its engagement.
20.12 If Bubble engages a sub-processor, the sub-processor is bound by a data processing agreement containing the same obligations as set out in this section. Bubble remains liable for the fulfilment of the obligations in this section, subject to the limitation of liability in section 21.
20.13 All processing of Customer Data by Bubble, including hosting, storage and AI analysis, takes place in the European Union. Bubble uses Google Cloud in the europe-west1 region (Belgium), Vertex AI in EU regions and, for transactional email, Resend configured with an EU sending region. If a transfer of Customer Personal Data outside the European Economic Area ever becomes necessary, it takes place only with the safeguards required by the GDPR, such as an adequacy decision or the standard contractual clauses adopted by the European Commission.
20.14 Bubble takes appropriate technical and organisational measures pursuant to Article 32 of the GDPR to safeguard the personal data. Further information is available on request (clause 19.1).
20.15 Support access by Bubble to Customer's workspace takes place through an audited, time-boxed impersonation session that is visible to Customer in its own access log. Outside such a session, Bubble staff can access operational metadata (such as account, subscription, usage and run status information) and, for troubleshooting under clause 15.1, run content at database level. All such access is logged.
20.16 Bubble notifies Customer of a personal data breach without undue delay after becoming aware of it, and provides the information Customer needs for its own notification duties, supplementing it as further information becomes available. Recording personal data breaches and, where required, reporting them to supervisory authorities and data subjects is Customer's obligation as controller.
20.17 Bubble and its employees are bound to maintain the confidentiality of the Customer Personal Data.
20.18 Bubble makes available to Customer all information necessary to demonstrate compliance with the obligations laid down in clauses 20.2 to 20.20. Customer has the right to have an audit carried out once per year to verify whether Bubble is complying with those obligations. The audit is carried out by an independent auditor appointed by mutual agreement between the Parties. The costs of the audit are borne by Customer, unless the audit reveals that Bubble has materially failed to fulfil its obligations under clauses 20.2 to 20.20 and/or the GDPR.
20.19 Bubble's liability for its obligations under clauses 20.2 to 20.20 and for data processing is limited in accordance with the limitations of liability in section 21.
20.20 On termination of the Agreement, Bubble retains Customer's tenant data for 90 days (mirroring the Credit reactivation window in clause 5.6) and then deletes it. Customer may at any time request in writing that Bubble delete the Customer Personal Data earlier, or provide an export; exports are provided in a common machine-readable format within 10 working days of a written request (clause 11.3). The following exceptions apply to deletion: (a) verbatim quotes from deleted source files that are already embedded in Deliverables remain part of those Deliverables until the Deliverables themselves are deleted; (b) audit and access logs are retained for 12 months in live systems and for up to 5 years in archive (about 6 years in total); (c) short-lived infrastructure backups age out on their own cycle; and (d) data that Bubble must retain under EU or member state law is retained for as long as that law requires.
21. Liability and indemnities
21.1 Bubble's total liability for any attributable failure to perform the Agreement, or on any other basis, is limited to compensation for direct damage. Bubble's liability for indirect damage, including but not limited to consequential damage, lost profit, lost savings, reduced goodwill, damage due to business interruption, damage as a result of third-party claims, corruption or loss of data, damage related to the use of third-party products, materials or software prescribed by Customer to Bubble, damage related to the use of suppliers prescribed by Customer to Bubble, and damage caused by or resulting from incorrect or incomplete information provided by Customer, is completely excluded.
21.2 The amount of Bubble's liability per claim, whereby a series of related events is considered one claim, is limited to the total Fees actually paid by Customer to Bubble under the Agreement during the 12 months immediately preceding the event giving rise to the first claim. If the event giving rise to the claim occurs within the first 12 months of the Subscription Term, the cap is deemed to be the amount of Fees paid or payable for that initial 12-month period, pro-rated where applicable.
21.3 Under no circumstances shall Bubble's total liability, on any grounds whatsoever, including liability for death, personal injury or material damage to property, exceed EUR 100,000 per year.
21.4 The limitations of liability lapse if and insofar as the damage is the result of intent (opzet) or deliberate recklessness (bewuste roekeloosheid) on the part of Bubble or its managerial staff.
21.5 The exclusions and limitations in this section do not affect other limitations and exclusions included in the Agreement.
21.6 At the risk of forfeiting the right to compensation, Customer must report damage to Bubble in writing within 24 months after the claim arose, unless Customer has filed a legal claim for compensation before this period expires.
21.7 If, under the Agreement, Customer consists of several natural persons and/or legal entities, each of them is jointly and severally liable to Bubble for the performance of the Agreement.
21.8 Customer indemnifies Bubble against all claims from third parties arising from or related to: (a) Customer Data, including content that is unlawful or infringes the rights of third parties; and (b) Customer's use of the Bubble Platform in breach of the Agreement.
21.9 The provisions of this section and all other limitations and exclusions of liability in the Agreement also apply in favour of all natural persons and legal entities engaged by Bubble in the performance of the Agreement.
22. Force majeure
22.1 Neither Party is obliged to fulfil any obligation under the Agreement, including any agreed warranty obligation, if it is prevented from doing so by force majeure (overmacht).
22.2 Force majeure on the part of Bubble includes, among other things: (i) force majeure on the part of Bubble's suppliers; (ii) the failure of Bubble's suppliers to properly fulfil their obligations; (iii) defects in products, materials or software of third parties whose use was prescribed to Bubble by Customer; (iv) government measures; (v) power failures; (vi) failures of the internet, data networks or telecommunications facilities; (vii) war; (viii) strikes; (ix) embargoes; (x) general transport problems; and (xi) epidemic or pandemic situations.
22.3 If a situation of force majeure lasts longer than 60 days and the Agreement cannot be fulfilled as a result, each Party has the right to terminate the Agreement in writing by registered letter. Services already performed under the Agreement are settled on a pro-rata basis, without the Parties owing each other anything else.
23. Applicable law and disputes
23.1 The Agreement and all disputes and claims arising from it are governed by and construed in accordance with Dutch law. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Sales Convention) does not apply.
23.2 All disputes between Bubble and Customer arising directly or indirectly from the Agreement are submitted exclusively to the competent court of Amsterdam, the Netherlands.
24. Final provisions
24.1 In the event of any conflict between the Order Form and these Terms, the Order Form prevails.
24.2 By entering into the Agreement, Customer confirms that all information provided by Customer to Bubble is complete and correct.
24.3 Bubble may unilaterally amend these Terms. Bubble informs Customer of the amended terms before their entry into force, at least 1 month in advance. If the new terms are materially disadvantageous to Customer, Customer has the right to terminate the Agreement by written notice to Bubble until the new terms take effect. In that case Customer receives a pro-rata refund from Bubble for advance payments covering the period after termination.
24.4 Customer is not permitted to transfer its rights and/or obligations under the Agreement, in whole or in part, to a third party. Bubble has the right to sell, transfer or pledge its claims for payment to a third party.
24.5 Customer may not suspend any payment or set off any amounts owed to Bubble.
24.6 Deviations from and additions to the Agreement are only valid if agreed in writing between the Parties.
24.7 If any provision of the Agreement is invalid or void, the remaining provisions remain in full force and effect. In that case, the Parties agree on new provisions to replace the invalid or void provisions.
24.8 If and insofar as a provision of the Agreement cannot be invoked on the grounds of reasonableness and fairness or its unreasonably onerous nature, that provision is given a meaning that is as similar as possible in content and scope, so that it can be invoked.
24.9 Notices to Bubble under these Terms, including termination notices, are given by email to support@bubble-research.ai; privacy matters go to privacy@bubble-research.ai. Bubble gives notices to Customer by email to the contact stated in the Order Form, in-app, or, where these Terms expressly allow, by announcement on Bubble's website.