Terms of Use

These Terms of Use ("Terms") govern your use of the Bubbles iOS and watchOS app, the website at https://bubbles.fit, and related services (together, the "Service"). By downloading, installing, or using the Service, you agree to these Terms. If you do not agree, please do not use the Service.

1. Eligibility.

You must be at least 13 years old (16 in the EEA, or the minimum digital consent age in your country, if higher) to use Bubbles. If you are under the age of majority in your jurisdiction, a parent or legal guardian must agree to these Terms on your behalf.

2. License.

We grant you a limited, non-exclusive, non-transferable, revocable license to install and use Bubbles on Apple-branded devices that you own or control, for your personal, non-commercial enjoyment. All rights not expressly granted are reserved.

3. Acceptable use.

You agree not to:

• Reverse engineer, decompile, disassemble, or try to extract source code from Bubbles, except where this restriction is prohibited by applicable law.
• Fabricate, spoof, or manipulate step data in order to game streaks, milestones, or unlocks.
• Use the Service to violate laws or other people's rights.
• Interfere with the Service's operation or security, or attempt unauthorized access.
• Resell, rent, sublicense, or transfer access to the Service without our written consent.

See Section 19 below for the full Acceptable Use Policy and enforcement.

4. Accounts.

Bubbles does not require a username or password. Your Apple ID is used for purchases and optional iCloud backup, and is managed by Apple. You are responsible for activity on your Apple ID and your device. If you believe your device or Apple ID has been used without your permission, contact Apple Support.

5. Intellectual property.

Bubbles, including the name, logo, the Bubbles fish character, world artwork, sounds, copy, and code, is owned by us and is protected by copyright, trademark, and other intellectual property laws. The "Bubbles" name and fish character are our trademarks. All rights not expressly granted in these Terms are reserved.

6. Your content.

You own any content you create using Bubbles, including the cards, polaroids, and badges you generate to share your progress. When you tap Share, you choose where it goes and the receiving app's terms apply. We do not claim ownership of your content and we do not upload it anywhere on our own.

7. Subscriptions and payments.

Bubbles offers a 3-day free trial. After the trial, the subscription is US$4.99 per month or US$29.99 per year, or the local equivalent shown to you in the App Store at checkout. All billing is handled by Apple through your App Store account. Subscriptions auto-renew until canceled. You can manage or cancel anytime in iOS Settings, your Apple ID, then Subscriptions. Refunds for App Store purchases are handled by Apple. See the full Subscription Terms for details.

8. Disclaimers.

The Service is provided on an "as is" and "as available" basis. Bubbles is a wellness companion, not medical advice. See our Health Disclaimer for important information. We do not guarantee that the Service will always be uninterrupted, timely, secure, or error free.

9. Limitation of liability.

To the maximum extent permitted by applicable law, we and our affiliates are not liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, or goodwill, arising out of or relating to your use of the Service. Our total aggregate liability for any claim relating to the Service will not exceed the greater of (a) the amount you paid us in the 12 months before the claim or (b) US$50.

If you are a consumer in the European Union, the United Kingdom, Australia, New Zealand, India, or another jurisdiction with non-waivable consumer protection laws, nothing in these Terms limits or excludes any right or remedy that cannot be limited or excluded under those laws. In particular, nothing here excludes liability for fraud, gross negligence, willful misconduct, death, or personal injury caused by our negligence.

10. Indemnification.

To the extent permitted by law, you agree to defend and indemnify us against claims arising from your misuse of the Service, your violation of these Terms, or your violation of another person's rights.

11. Termination.

You may stop using the Service at any time by deleting the app. We may suspend or terminate your access for violation of these Terms or for conduct that could harm us or other users. Sections that by their nature should survive termination (intellectual property, disclaimers, limitation of liability, governing law) will survive.

12. Apple end user license agreement (summary).

You acknowledge that these Terms are between you and us, not Apple. Apple is not responsible for the app or its content. Apple has no obligation to provide maintenance or support for the app. In the event of any failure of the app to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the app; to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the app. Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. The complete Apple-compliant End User License Agreement is set out in Section 18 below.

13. Export control.

You may not use, export, or re-export the app or any related technology except as authorized by United States law and the laws of the jurisdiction in which the app was obtained. In particular, the app may not be exported or re-exported (a) into any U.S.-embargoed country or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Persons List or Entity List. By using the app you represent and warrant that you are not located in any such country or on any such list.

14. U.S. Government end users.

The app and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with these provisions, the app is licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users under these Terms.

15. Arbitration and class-action waiver (U.S. residents).

If you are a resident of the United States, you and we agree to resolve any dispute arising out of or relating to these Terms or the Service through binding individual arbitration, administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court, except that either party may bring an individual action in small-claims court. The arbitration will be held in the county where you reside or another mutually agreed location, and may be conducted by phone, video, or written submissions. The arbitrator's decision is binding.

Class-action waiver: You and we agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative proceeding.

30-day right to opt out: You may opt out of this arbitration agreement by emailing legal@bubbles.fit within 30 days of first accepting these Terms, with the subject line "Arbitration Opt-Out" and your Apple ID country/region. Opting out does not affect any other part of these Terms.

This section does not apply to consumers resident in the European Union, the European Economic Area, the United Kingdom, Switzerland, Australia, New Zealand, India, Brazil, Canada, or any other jurisdiction where pre-dispute mandatory arbitration or class-action waivers are not enforceable against consumers.

16. Governing law and disputes.

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict of law principles. Subject to the arbitration section above, disputes will be resolved in the state or federal courts located in Delaware, and you and we consent to that jurisdiction.

If you are a consumer outside the United States, you may also bring proceedings in the courts of your country of residence, and the mandatory consumer protection laws of your country of residence will apply to the extent they cannot be overridden by contract. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Users in India should also review the India-specific rights and Grievance Officer contact set out in our Privacy Policy.

17. Changes.

We may update these Terms from time to time. The effective date above reflects the latest version. Material changes will be highlighted in the app or on this website. Your continued use of the Service after a change means you accept the new Terms.

18. End User License Agreement (Apple Licensed Application).

This section is the End User License Agreement ("EULA") for the Bubbles iOS and watchOS application (the "Licensed Application") that you download from the Apple App Store. It meets Apple's minimum Licensed Application requirements and forms part of these Terms.

18.1 Acknowledgement. You acknowledge that this EULA is concluded between you and us only, and not with Apple Inc. ("Apple"). We, not Apple, are solely responsible for the Licensed Application and its content. This EULA may not provide for usage rules that conflict with the Apple Media Services Terms and Conditions as of the effective date of this EULA (which you acknowledge you have had the opportunity to review).

18.2 Scope of license. We grant you a non-transferable license to use the Licensed Application on any Apple-branded products that you own or control, and as permitted by the Usage Rules of the Apple Media Services Terms and Conditions. The license is for personal, non-commercial use only. Except as permitted by the Usage Rules or by applicable law, you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. You may not transfer, redistribute, or sublicense the Licensed Application. You may not copy (except as expressly permitted), reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, except to the extent that such restrictions are prohibited by applicable law or permitted by the licensing terms of any open-source components included with the Licensed Application.

18.3 Consent to use of data. You agree that we may collect and use technical data and related information as described in our Privacy Policy. In short: Bubbles operates entirely on your device and we collect no personal information server-side. HealthKit step data is read on-device only with your explicit permission and is never used for advertising or shared with anyone.

18.4 Services and third-party materials. The Licensed Application may enable access to Apple services, including HealthKit, iCloud, and the App Store, each governed by Apple's own terms. If you tap the system Share sheet to send a card, badge, or polaroid to another app, that transmission is handled by iOS and the receiving app's terms apply.

18.5 Maintenance and support. We are solely responsible for providing any maintenance and support services for the Licensed Application. You may request support by emailing support@bubbles.fit. Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Licensed Application.

18.6 Warranty. We are solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Licensed Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Licensed Application (if any) to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Licensed Application. Any claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be our sole responsibility.

18.7 Product claims. You and we acknowledge that we, not Apple, are responsible for addressing any claims relating to the Licensed Application or your possession and use of it, including but not limited to: (i) product liability claims; (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Licensed Application's use of the HealthKit framework.

18.8 Intellectual property rights. You and we acknowledge that, in the event of any third-party claim that the Licensed Application or your possession and use of it infringes that third party's intellectual property rights, we, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.

18.9 Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

18.10 Developer name and address. Bubbles is published by the Bubbles app team. For any question, complaint, or claim with respect to the Licensed Application, contact us at support@bubbles.fit. The full registered legal entity name and postal address of the publisher will be listed here on public launch.

18.11 Third-party terms. You must comply with applicable third-party terms of agreement when using the Licensed Application, including the Apple Media Services Terms and Conditions.

18.12 Third-party beneficiary. You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this EULA, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as a third-party beneficiary thereof.

19. Acceptable Use Policy.

This section sets out the rules for using Bubbles. If you break them we may suspend, restrict, or terminate your access to the Service.

19.1 Be honest with your steps. Bubbles only works if the steps you log are real steps you took. Do not:

• Fabricate, spoof, script, shake, or simulate step data to inflate streaks or unlocks.
• Feed HealthKit data from bots, jailbreak tweaks, or third-party writers designed to game step counts.
• Share your Apple ID with others to accumulate steps you did not walk.

19.2 Do not attack the Service.

• No reverse engineering, decompiling, disassembling, or extracting source code, except as permitted by mandatory law.
• No probing, scanning, or testing the vulnerability of any Bubbles system without our written permission.
• No interfering with or disrupting the Service, servers, or networks connected to the Service.
• No introducing malware, worms, or any harmful code.
• No unauthorized access to any account, device, or system, whether ours or another user's.

19.3 Respect other people and the law.

• No use of the Service to violate laws, regulations, or third-party rights.
• No harassment, hate speech, threats, or targeted abuse in any communications with our support team.
• No infringement of intellectual property. See Section 20 (Copyright & DMCA) for the takedown procedure.

19.4 Do not resell or repackage.

• No reselling, renting, sublicensing, or redistributing the Service or any part of it.
• No use of the Bubbles name, fish character, artwork, or trademarks in your own products or marketing without our written consent.
• No scraping the website or reusing screenshots of the app in ways that suggest endorsement.

19.5 Reporting abuse. To report abuse, security issues, or a violation of this policy, email security@bubbles.fit. We investigate every report and reply as fast as we reasonably can. We may take any action we consider reasonable to enforce this policy, including warning users, disabling features, refusing service, or terminating access, and may cooperate with law enforcement to investigate suspected criminal activity.

20. Copyright & DMCA Policy.

Bubbles respects the intellectual property rights of others. This section explains how to submit a notice of copyright infringement under the United States Digital Millennium Copyright Act, 17 U.S.C. §512 ("DMCA"), and how to submit a counter-notice.

20.1 Notice of infringement. If you believe that material accessible on or through the Service infringes your copyright, send a written notice to our designated agent that includes all of the following (per 17 U.S.C. §512(c)(3)):

• A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
• Identification of the copyrighted work claimed to have been infringed.
• Identification of the material claimed to be infringing, with information sufficient to let us locate it (URL is best).
• Your contact information, including address, telephone number, and email.
• A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

20.2 Designated agent. Send DMCA notices to dmca@bubbles.fit with the subject line "DMCA Notice — Bubbles". The full name and postal address of our designated agent will be listed here and registered with the U.S. Copyright Office DMCA Designated Agent Directory on public launch.

20.3 Counter-notice. If you believe material was removed by mistake or misidentification, you may file a counter-notice under 17 U.S.C. §512(g) that includes your signature; identification of the material and its prior location; a statement under penalty of perjury of good-faith belief that removal was a mistake; and your name, address, and telephone number, along with consent to the jurisdiction of the federal district court where you reside (or, if outside the U.S., any judicial district where we may be found) and acceptance of service of process from the original notifier.

20.4 Repeat infringers. We will, in appropriate circumstances, terminate access for users we determine to be repeat infringers.

20.5 Misrepresentations. Under 17 U.S.C. §512(f), any person who knowingly materially misrepresents that material is infringing, or that material was removed by mistake, may be liable for damages. File only notices you believe in good faith to be accurate.

20.6 Non-U.S. copyright claims. If you are outside the United States, you may still send a notice using the same procedure. We handle it in a manner consistent with local law and applicable safe-harbor regimes (e.g., the EU Copyright Directive, the UK Copyright, Designs and Patents Act, and the Indian Copyright Act).

21. Accessibility.

Bubbles is designed to be usable by people with a wide range of abilities. The app is built on Apple's native UIKit and SwiftUI so it inherits Apple's system-wide accessibility features: VoiceOver labels on interactive elements, Dynamic Type, Reduce Motion, Bold Text, Increase Contrast, WCAG 2.1 AA-level color contrast in light and dark mode, and subtle haptics that can be disabled in iOS Settings. No feature in the app depends on reaction time.

The bubbles.fit website targets WCAG 2.1 Level AA. Pages use semantic HTML, keyboard- navigable controls, meaningful alt text, descriptive link text, and visible focus outlines. This statement is prepared with reference to WCAG 2.1 AA, Section 508 of the U.S. Rehabilitation Act, EN 301 549 (EU), the UK Public Sector Bodies Accessibility Regulations 2018 (as a voluntary benchmark), and the Rights of Persons with Disabilities Act, 2016 (India).

If you hit an accessibility barrier, email accessibility@bubbles.fit with a short description of the problem, the device or browser you were using, and what you were trying to do. We aim to acknowledge every report within 5 business days.

22. Contact.

Questions about these Terms? Email support@bubbles.fit.

Publisher: the Bubbles app team. A registered legal entity and address will be listed here on launch.