Effective date: [EFFECTIVE DATE] Version: 2.0 (Draft for legal review) — United States and Canada
NOTICE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER (SECTION 23). THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY.
This End User License Agreement (this “Agreement” or “EULA”) is a legal agreement between you (“you” or “User”) and [COMPANY LEGAL NAME] (“BubblesNetworks,” “we,” “us,” or “our”), governing your access to and use of the BubblesNetworks mobile application (iOS and Android), the BubblesNetworks progressive web application, and all related services, features, and content (collectively, the “Service”).
By creating an account, tapping “I agree,” or otherwise accessing or using the Service, you confirm that you have read, understood, and agree to be bound by this Agreement and by our Privacy Policy, which is incorporated into this Agreement by reference. If you do not agree, do not access or use the Service.
Where you live changes part of this Agreement. The numbered Sections below are the core terms and apply to everyone. They are followed by two Schedules:
If a Schedule applies to you, it forms part of this Agreement and prevails over the core terms to the extent of any inconsistency. If you are resident somewhere else, the core terms apply on their own, together with any right you have under the law of your own country that cannot be excluded by agreement. The Service is currently offered for Buildings in the United States and Canada.
3.1 Minimum age. You must be at least 16 years of age to create an account or use the Service. By using the Service, you represent and warrant that you are 16 or older. If you are 16 or 17 (or otherwise under the age of majority where you live), you represent that your parent or legal guardian has reviewed and agreed to this Agreement on your behalf. If we become aware that a User is under 16, we will terminate the account and delete associated personal information in accordance with our Privacy Policy.
3.2 Residency accuracy. The Service is designed for people who genuinely live in, own a unit in, or manage a registered Building. You agree to provide accurate residency information (building, unit number, and owner/tenant status) and to keep it current. Because residency is self-declared and generally not verified (Section 4), the integrity of the Service depends on your honesty here. Misrepresenting your residency is a material breach of this Agreement and may result in immediate termination.
3.3 Capacity. You represent that you have the legal capacity to enter into this Agreement and that you are not barred from using the Service under any applicable law.
4.1 Registration. You may register using an email address and password, or through a supported third-party sign-in provider (Google or Apple). You may be required to verify your email address using a one-time code.
4.2 Accuracy and security. You agree to provide accurate registration information and to keep your credentials confidential. You are responsible for all activity that occurs under your account. Notify us promptly of any unauthorized use.
4.3 One person per account. Accounts are personal to you. You may not sell, transfer, or share your account, and you may not create an account on behalf of another person without their authorization.
4.4 Residency is self-declared. When you join a Building you select that Building yourself and supply your own unit number and owner/tenant status. We do not verify that you live where you say you do, and we do not verify that any other User lives where they say they do.
4.5 Two ways to join, neither of them a check on you. You may join a Building either (a) through an invitation, QR code, poster, or building code distributed by a property management company or Building Manager, or (b) on your own, by finding your Building in the Service and joining it. Both are legitimate. An invitation or building code identifies which Building you are joining; it does not confirm that you live there, and it is not a verification of you.
4.6 How a residency may be verified. We may, but are never obliged to, offer one or more ways to verify a residency. Where offered, these may include:
Which methods are available, if any, may differ between Buildings and may change. We will tell you what a method requires before you use it, and you may decline any of them. Declining does not prevent you from using the Service. Where a method uses your device location, it is a one-off check you initiate; we do not use location to monitor your residency in the background (see our Privacy Policy).
4.7 Verification may never happen at all. Many Buildings have no active Building Manager, and we may offer no verification method for your Building. Where that is so, nobody will review your residency and it will remain unverified for as long as you use the Service. That is a normal and supported way to use the Service, not a fault or a pending state.
4.8 Verification status does not restrict access. Residents whose residency has been verified and Residents whose residency has not been verified currently have the same access to Building content and features. We may change this in future, but you should not assume any feature is gated on verification today.
4.9 Do not assume others are verified. The presence of another User in your Building’s feed is not confirmation that they live in your Building, that their identity has been checked, or that any person or organization has vouched for them. Treat other Users as you would any stranger, and see Sections 11 and 12 before arranging any service, transaction, or care in your home.
4.10 No guarantee of verification decisions. Where a Building Manager does verify or decline to verify a residency, they act on their own behalf and not on ours. We do not guarantee the accuracy of any such decision (see Section 13).
5.1 License. Subject to your compliance with this Agreement, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Service on devices you own or control, for your personal, non-commercial use (except for Marketplace activity expressly permitted by this Agreement).
5.2 Restrictions. Except as expressly permitted by this Agreement or by applicable law that cannot be excluded by contract, you may not:
5.3 Updates. We may issue updates, patches, or new versions of the Service and may require that you install them to continue using the Service. The Service may change over time, and features may be added, modified, or removed.
6.1 Description. The Service connects Residents of a Building — and, for certain features, Residents of nearby Buildings within a defined radius — through community features including a sharing board, building alerts, polls, management notices, private messaging, a Marketplace for classified listings and services, and related tools.
6.2 Community scope. Content you post is generally visible to other Residents of your Building, and certain Marketplace content may be visible to Residents of other Buildings within the applicable community radius. You are responsible for understanding the audience of each feature before posting.
6.3 Availability. We do not guarantee that the Service will be uninterrupted, timely, secure, or error-free, or that content (including alerts, notices, and messages) will be delivered, delivered on time, or preserved. Notifications depend on third-party platforms (including Apple, Google, and web push services) and on your device settings, and may fail, be delayed, or be suppressed.
7.1 NOT A SUBSTITUTE FOR EMERGENCY SERVICES. THE SERVICE, INCLUDING BUILDING ALERTS, ALERT CONFIRMATIONS, NOTICES, AND NOTIFICATIONS, IS NOT AN EMERGENCY NOTIFICATION SYSTEM, A LIFE-SAFETY SYSTEM, OR A SUBSTITUTE FOR CONTACTING EMERGENCY SERVICES. IN ANY EMERGENCY, CALL 9-1-1 (OR YOUR LOCAL EMERGENCY NUMBER) FIRST.
7.2 No monitoring duty. We do not monitor alerts or messages in real time and have no obligation to respond to, escalate, or act on any content posted to the Service. Alerts and their confirmation counts are created by Users, are unverified, and may be inaccurate, incomplete, delayed, or false.
7.3 Your judgment. Any decision you make in reliance on content in the Service — including alerts, acknowledgement counts, notices, or messages — is your own responsibility.
8.1 Ownership. You retain ownership of your User Content.
8.2 License to us. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, adapt (including reformatting and creating machine translations), publish, display, and distribute that User Content solely for the purposes of operating, providing, securing, moderating, improving, and promoting the Service. This license ends when your User Content is deleted from the Service, except (a) where your content has been shared with others who have not deleted it (for example, messages you sent), (b) for residual copies in backups retained for a limited period, and (c) where retention is required by law.
8.3 AI processing and translation. You acknowledge and agree that User Content you submit may be automatically processed by AI Features, including third-party AI providers, for the purposes of content moderation, classification, translation into other languages, and (where you use the AI listing assistant) content generation. Machine translations of your content may be displayed to other Users in their preferred language; translations are automated and may contain errors.
8.4 Your responsibility. You are solely responsible for your User Content and the consequences of posting it. You represent and warrant that you own or have the necessary rights to your User Content and that it does not infringe any third party’s rights or violate any law.
8.5 Removal. Content in the Service is generally removed by deactivation (“soft delete”). Deactivated content is no longer visible to Users but may persist in our systems for a limited period before permanent deletion, as described in our Privacy Policy.
8.6 No obligation to retain. We may, but are not required to, retain or back up User Content, and we are not liable for the loss or corruption of any User Content. Keep your own copies of anything important.
You agree not to use the Service to:
We may interpret and enforce these standards at our reasonable discretion.
10.1 Automated and human moderation. The Service uses automated moderation (including AI Features) and may use human review. Content may be blocked before posting, removed after posting, or reclassified/redirected to a more appropriate section of the Service. Automated moderation is imperfect: it may block legitimate content or fail to block violating content. If the moderation system is unavailable, you may be temporarily prevented from posting.
10.2 Building Manager actions. Building Managers may remove content within their Building and may issue official notices. Building Managers act on their own behalf or on behalf of their building organization — not on our behalf (see Section 13).
10.3 Our enforcement. We may, at any time and without prior notice, remove or restrict content, suspend or restrict features, or suspend or terminate accounts that we reasonably believe violate this Agreement or create risk for Users, Buildings, or the Service. Where reasonable, we will notify you of significant enforcement actions and the general reason.
10.4 Reporting. You can report content or conduct through the app or by contacting us at info@bubblesnetworks.com.
11.1 Platform only; not a party. The Marketplace lets Users list, discover, and communicate about goods and services (including classified items, services, and prepared food). We are not a party to any transaction between Users. We do not make, own, sell, resell, inspect, deliver, or guarantee any listed item or service; we do not verify listings, prices, or sellers; and we do not process payments between Users. All payment, delivery, collection, and any other terms of a transaction are arranged solely between the Users involved, at their own risk.
11.2 No endorsement. A listing’s presence on the Service (including any AI-assisted listing content or automatic categorization) is not an endorsement, recommendation, or verification by us.
11.3 Legal compliance for sellers. If you offer goods or services through the Marketplace, you are solely responsible for complying with all applicable laws and rules, including consumer protection law, licensing requirements for services, product safety and recall rules, and — for prepared or home-cooked food — all applicable food-safety and home-prepared-food (“cottage food”) laws, permits, labeling, and allergen disclosure requirements in your state and locality. You are solely responsible for determining, collecting, and remitting any applicable taxes.
11.4 Disputes between Users. Disputes about a transaction are between the Users involved. You release us, to the maximum extent permitted by applicable law, from any claims arising out of or connected to transactions or interactions between you and other Users. If you are a California resident, you waive California Civil Code § 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
11.5 Personal safety. Use common sense when meeting neighbors, exchanging items, or allowing others into your unit. We do not conduct background checks on Users.
11.6 Additional terms — home-prepared food. These terms apply to any listing offering prepared or home-cooked food or beverages:
11.7 Additional terms — care and personal services (child, senior, and pet care). These terms apply to any listing offering babysitting or child care, senior or companion care, pet sitting or dog walking, or similar personal or in-home services:
The Service includes private messaging between Users. Messages are private between participants but are not end-to-end encrypted; they are stored on our infrastructure, may be processed by automated moderation, and may be accessed where required by law or reasonably necessary to investigate violations of this Agreement. Do not use messaging for unlawful purposes or to evade the community standards in Section 9.
13.1 Independent roles. Building Managers, homeowners associations, condominium boards, landlords, and property management companies are independent of us. They are not our employees, agents, or partners, and we are not responsible for their acts or omissions, including verification decisions, notices they publish, content they remove, or how they respond (or fail to respond) to alerts, welfare concerns, or maintenance issues.
13.2 Notices are not ours. Management notices published in the Service are authored by Building Managers. We do not review or verify them.
13.3 Manager obligations. If you act as a Building Manager, you agree to use your role only for legitimate building-management purposes, to comply with applicable privacy law in handling Resident information, and to not abuse moderation or verification powers.
14.1 Nature of AI output. AI Features (including the AI listing assistant and automated translations) generate content automatically. AI-generated or AI-modified content may be inaccurate, incomplete, or inappropriate despite our safeguards. You must review any AI-assisted content before publishing it; content you publish is your User Content regardless of whether AI helped create it.
14.2 Third-party AI providers. AI Features are powered in part by third-party AI providers. Content submitted to AI Features is processed by those providers under contractual protections described in our Privacy Policy.
14.3 No advice. Nothing generated by AI Features constitutes professional, legal, safety, or financial advice.
15.1 Privacy Policy. Our collection, use, and disclosure of personal information is described in our Privacy Policy, which forms part of this Agreement.
15.2 Summary of key practices. Without limiting the Privacy Policy: we collect account information (email, phone number, username, profile photo), residency information (building and unit), content you submit, device and push-notification tokens, and approximate location where you grant permission (used to find nearby buildings, businesses, and services). We use third-party service providers for hosting and databases, push notifications, analytics, crash reporting, and AI processing. Your information may be stored and processed in the United States and other jurisdictions.
15.3 U.S. state privacy rights. Depending on your state of residence (including California, Colorado, Connecticut, Virginia, Utah, Texas, Oregon, and others), you may have rights to access, correct, delete, or obtain a copy of your personal information, and to opt out of certain processing. These rights, and how to exercise them, are described in our Privacy Policy. We do not sell your personal information.
15.4 Account deletion. You may delete your account at any time from within the app (My Account → Delete Account). Deletion removes your profile and deactivates your content as described in the Privacy Policy; some information may be retained where required or permitted by law.
16.1 Third-party services. The Service depends on third-party services (including cloud hosting, database, storage, authentication, push-notification, analytics, crash-reporting, and AI providers, and sign-in through Google and Apple). We are not responsible for third-party services, and your use of them may be subject to their own terms.
16.2 Apple App Store. If you obtained the app through the Apple App Store, the following applies: (a) this Agreement is between you and us, not Apple, and Apple is not responsible for the app or its content; (b) your license is limited to use on Apple-branded devices you own or control, as permitted by the App Store Terms of Service (including Family Sharing rules); (c) Apple has no obligation to provide maintenance or support for the app; (d) in the event the app fails to conform to an applicable warranty, you may notify Apple and Apple will refund the purchase price (if any) — to the maximum extent permitted by law, Apple has no other warranty obligation, and any other claims, losses, liabilities, damages, costs, or expenses attributable to a failure to conform to a warranty are our responsibility; (e) Apple is not responsible for addressing any claims by you or a third party relating to the app, including product liability claims, claims that the app fails to conform to legal or regulatory requirements, and consumer-protection or similar claims; (f) in the event of a third-party claim that the app or your possession and use of it infringes intellectual property rights, we — not Apple — are responsible for the investigation, defense, settlement, and discharge of the claim to the extent required by this Agreement; (g) you represent that you are not located in a country subject to a U.S. Government embargo or designated a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties; (h) Apple and its subsidiaries are third-party beneficiaries of this Agreement and may enforce it against you.
16.3 Google Play. If you obtained the app through Google Play, your use is also subject to the Google Play Terms of Service. To the extent of any conflict between the Google Play Terms of Service and this Agreement regarding your use of the app obtained from Google Play, the Google Play Terms of Service prevail.
17.1 Our property. The Service — including software, design, trademarks (including “BubblesNetworks” and associated logos), text, graphics, and all related intellectual property — is owned by us or our licensors and is protected by law. No rights are granted to you other than the limited license in Section 5.
17.2 Feedback. If you send us ideas, suggestions, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or compensation to you.
We respond to claims that content on the Service infringes copyright, and we may remove content and terminate repeat infringers. The notice procedure that applies to you is set out in your Schedule — Section A.2 for the United States (DMCA) and Section B.2 for Canada (notice-and-notice).
19.1 Term. This Agreement applies from your first use of the Service until terminated.
19.2 Termination by you. You may stop using the Service at any time and may delete your account within the app.
19.3 Termination or suspension by us. We may suspend or terminate your access (in whole or in part) at any time: (a) for material or repeated breach of this Agreement; (b) where required by law; (c) where your conduct creates risk or possible legal exposure for us, other Users, or a Building; or (d) upon discontinuation of the Service. Where practicable and lawful, we will provide reasonable notice.
19.4 Effect. Upon termination, your license ends and you must stop using the Service. Sections that by their nature should survive (including Sections 7, 8.2, 11.4, 14, 17, 20, 21, 22, 23, and 26) survive termination.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE AVAILABLE, ACCURATE, RELIABLE, SECURE, OR ERROR-FREE, THAT NOTIFICATIONS OR ALERTS WILL BE DELIVERED, OR THAT USER CONTENT (INCLUDING MARKETPLACE LISTINGS AND ALERTS) IS ACCURATE OR LAWFUL.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES;
WE WILL NOT BE LIABLE FOR: (i) THE CONDUCT, CONTENT, GOODS, SERVICES, FOOD, OR CARE SERVICES (INCLUDING CHILD, SENIOR, AND PET CARE) OF ANY USER, BUILDING MANAGER, OR BUILDING ORGANIZATION; (ii) ANY TRANSACTION OR INTERACTION BETWEEN USERS, ONLINE OR OFFLINE; (iii) ANY FAILURE, DELAY, OR INACCURACY OF ALERTS, NOTIFICATIONS, OR OTHER CONTENT; (iv) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR DATA; OR (v) EVENTS BEYOND OUR REASONABLE CONTROL;
OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (i) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (ii) FIFTY U.S. DOLLARS (USD $50).
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE, OR DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
You agree to indemnify and hold harmless BubblesNetworks and its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or connected with: (a) your User Content; (b) your use or misuse of the Service; (c) your Marketplace listings, sales, services, or transactions (including any food you prepare or sell and any care or personal services you provide); (d) your breach of this Agreement; or (e) your violation of any law or the rights of any third party. This obligation does not apply to the extent a claim arises from our own breach of this Agreement, negligence, or willful misconduct.
The law that governs this Agreement, and how disputes are resolved, depends on where you live, and is set out in your Schedule — Section A.3 for the United States and Section B.3 for Canada. Section A.3 requires individual arbitration and waives class actions and jury trial; read it before you agree. Nothing in either Schedule removes a right you have under your own local law that cannot be excluded by agreement.
We may amend this Agreement from time to time. For material changes, we will give you reasonable advance notice (for example, in-app notice or email) including the new terms and their effective date. Your continued use of the Service after the effective date constitutes acceptance of the amended Agreement. Material changes to the dispute-resolution terms in Section A.3 (arbitration) will not apply to disputes that arose before the change unless you accept the updated terms. If you are resident in Canada, see Section B.6 for your right to refuse an amendment.
You must comply with all applicable laws in connection with your use of the Service, including applicable export-control and sanctions laws of the United States, Canada, and any other jurisdiction that applies to you. You represent that you are not subject to sanctions or located in an embargoed jurisdiction.
26.1 Entire agreement. This Agreement (together with the Privacy Policy and any additional terms for specific features) is the entire agreement between you and us regarding the Service, and supersedes all prior agreements on that subject.
26.2 Severability. If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions remain in full force.
26.3 No waiver. Our failure to enforce any provision is not a waiver of it.
26.4 Assignment. You may not assign this Agreement. We may assign it in connection with a merger, acquisition, corporate reorganization, or sale of assets, or by operation of law.
26.5 Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control.
26.6 California users. Under California Civil Code § 1789.3, California users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by phone at (800) 952-5210.
26.7 Survival. Provisions that by their nature should survive termination will survive.
[COMPANY LEGAL NAME] [REGISTERED ADDRESS] Email: info@bubblesnetworks.com
BubblesNetworks and associated logos are trademarks of [COMPANY LEGAL NAME]. Apple and the Apple logo are trademarks of Apple Inc. Google Play is a trademark of Google LLC.
A.1 Application. This Schedule applies if you are resident in the United States. It forms part of the Agreement and prevails over the core Sections to the extent of any inconsistency.
A.2 Copyright complaints (DMCA). We respond to notices of alleged copyright infringement under the Digital Millennium Copyright Act (17 U.S.C. § 512). If you believe content on the Service infringes your copyright, send a written notice to our designated agent at [SUPPORT EMAIL / DMCA AGENT ADDRESS] including: (a) identification of the copyrighted work; (b) identification and location of the allegedly infringing material; (c) your contact information; (d) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; (e) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act for the owner; and (f) your physical or electronic signature. We may remove or disable access to the identified material, notify the user who posted it, and accept counter-notices in accordance with the DMCA. We terminate the accounts of repeat infringers in appropriate circumstances.
A.3 Governing law; binding arbitration; class action waiver.
PLEASE READ THIS SECTION CAREFULLY — IT REQUIRES ARBITRATION OF DISPUTES AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION.
A.3.1 Governing law. This Agreement and any dispute arising out of or relating to it or the Service are governed by the Federal Arbitration Act, applicable federal law, and the laws of the State of [U.S. STATE], without regard to conflict-of-laws rules.
A.3.2 Informal resolution first. Before starting arbitration or any proceeding, you agree to contact us at info@bubblesnetworks.com with a description of the dispute and give us 30 days to attempt in good faith to resolve it informally. We agree to do the same before bringing a claim against you.
A.3.3 Binding arbitration. Except for disputes that qualify for small claims court and except as provided in Section A.3.6, any dispute, claim, or controversy arising out of or relating to this Agreement or the Service that cannot be resolved informally will be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules. The arbitration will be conducted in English, by a single arbitrator, in the county where you reside or another mutually agreed location, or remotely by videoconference. Payment of filing, administration, and arbitrator fees will be governed by the AAA’s rules; if your claim is for less than USD $10,000, we will pay arbitration fees other than your initial filing fee to the extent required by those rules. Judgment on the award may be entered in any court of competent jurisdiction.
A.3.4 Class action waiver. YOU AND WE EACH AGREE THAT ANY PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this class action waiver is found unenforceable as to a particular claim, then that claim (and only that claim) must proceed in court, and the remainder of this Section A.3 remains in effect.
A.3.5 30-day opt-out. You may opt out of this arbitration agreement by emailing info@bubblesnetworks.com within 30 days of first accepting this Agreement, stating your name, the email associated with your account, and your intent to opt out of arbitration. Opting out does not affect any other provision of this Agreement.
A.3.6 Exceptions. Either party may (a) bring an individual claim in small claims court, and (b) seek injunctive or other equitable relief in a court of competent jurisdiction to prevent actual or threatened infringement or misuse of intellectual property or unauthorized access to the Service.
A.3.7 Jury trial waiver. To the extent any dispute proceeds in court rather than arbitration, YOU AND WE EACH WAIVE ANY RIGHT TO A JURY TRIAL to the maximum extent permitted by law.
A.4 Export and sanctions. You represent that you are not located in a country subject to a U.S. Government embargo or designated a “terrorist supporting” country, and that you are not on any U.S. Government list of prohibited or restricted parties.
A.5 Your privacy rights. Depending on your state of residence, you may have rights to access, correct, delete, or obtain a copy of your personal information and to opt out of certain processing. Those rights and how to exercise them are set out in our Privacy Policy. We do not sell your personal information.
B.1 Application. This Schedule applies if you are resident in Canada. It forms part of the Agreement and prevails over the core Sections to the extent of any inconsistency. Sections A.2 to A.5 do not apply to you.
B.2 Copyright complaints. If you believe content on the Service infringes your copyright, send a notice to info@bubblesnetworks.com including: identification of the work, the location of the allegedly infringing content, your contact information, and a statement of your good-faith belief that the use is not authorized. We will process notices in accordance with applicable Canadian copyright law, including the notice-and-notice regime of the Copyright Act, and may remove content and/or terminate repeat infringers at our discretion.
B.3 Governing law and dispute resolution.
B.3.1 Governing law. This Agreement, and any dispute or claim arising out of or in connection with it or the Service (including non-contractual disputes), is governed by the laws of the Province of British Columbia and the federal laws of Canada applicable in British Columbia, without regard to conflict-of-laws rules.
B.3.2 Courts. Subject to Section B.3.3, the courts of British Columbia (sitting in Vancouver) have exclusive jurisdiction over any dispute arising out of or relating to this Agreement or the Service, and you attorn to the jurisdiction of those courts. Nothing prevents either party from bringing a claim in a small claims court or the BC Civil Resolution Tribunal where the claim qualifies.
B.3.3 Consumer rights preserved. If you reside in a Canadian province whose consumer protection legislation grants you the non-waivable right to bring or participate in proceedings in your home province or in a class proceeding, nothing in this Agreement limits that right.
B.3.4 Informal resolution first. Before starting a formal proceeding, you agree to contact us at info@bubblesnetworks.com and give us 30 days to attempt in good faith to resolve the dispute informally.
B.3.5 No arbitration or class action waiver. For clarity, Section A.3 does not apply to you. You are not required to arbitrate, you do not waive any right to participate in a class proceeding, and you do not waive trial by jury.
B.4 Warranties — consumer rights preserved. SOME CANADIAN PROVINCES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE EXCLUSIONS IN SECTION 20 MAY NOT APPLY TO YOU. NOTHING IN THIS AGREEMENT EXCLUDES, RESTRICTS, OR MODIFIES ANY CONSUMER RIGHT OR REMEDY THAT CANNOT LAWFULLY BE EXCLUDED, RESTRICTED, OR MODIFIED, INCLUDING UNDER THE BRITISH COLUMBIA BUSINESS PRACTICES AND CONSUMER PROTECTION ACT OR EQUIVALENT PROVINCIAL LEGISLATION. Section 20 is read as also disclaiming the implied conditions of merchantable quality and durability.
B.5 Liability — limits and carve-outs. The cap in Section 21 is read as the greater of (i) the amounts you paid us for the Service in the twelve (12) months before the event giving rise to the claim, and (ii) fifty Canadian dollars (CAD $50). Section 21 is read as also excluding aggravated damages and damages for fundamental breach. NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES LIABILITY FOR FRAUD, WILFUL MISCONDUCT, GROSS NEGLIGENCE, DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.
B.6 Right to refuse an amendment. Where required by applicable consumer protection law, we will give you notice of a material amendment together with notice of your right to refuse it and to terminate this Agreement without cost before the change takes effect.
B.7 Privacy. We handle personal information in accordance with the Personal Information Protection and Electronic Documents Act (PIPEDA) and, where applicable, provincial legislation including British Columbia’s Personal Information Protection Act (PIPA) and Alberta’s PIPA. You may request access to or correction of your personal information as described in our Privacy Policy, which also names our Privacy Officer.
B.8 Commercial electronic messages. Messages we send you are subject to Canada’s Anti-Spam Legislation (CASL). Marketing messages identify us, include an unsubscribe mechanism, and we give effect to unsubscribe requests within 10 business days. Messages about your account, security, or changes to this Agreement are sent to administer our existing relationship with you and are not marketing.
B.9 Export and sanctions. You represent that you are not a person or entity subject to sanctions under the Special Economic Measures Act, the United Nations Act, or equivalent Canadian or United States measures.
B.10 Quebec — not yet covered. ⚠️ TO DO. Quebec’s Act respecting the protection of personal information in the private sector (as amended by Law 25) imposes requirements beyond this Schedule, and Quebec law may require that this Agreement and related documents be made available in French. This Agreement has not been prepared for Quebec. Before offering the Service for Buildings in Quebec, obtain Quebec-qualified advice and add a Quebec schedule. Until then, Section 30.8 records the parties’ election to contract in English where that election is permitted.
B.11 Language. The parties have expressly requested that this Agreement and all related documents be drawn up in English. Les parties ont expressément demandé que cette convention et tous les documents qui s’y rattachent soient rédigés en anglais.