Terms of Service

Effective: June 3, 2024

We are pleased to welcome you to our LigthspaceAI's website (available at https://bubblestudio.app, hereinafter “website”) provided by Humble Technologies, LLC (“Company”). These Terms apply to all users and others (“Users”, “you”, as applicable) who download, install, register with, access or use (“Use”, “Using”) our web application BubbleStudio (“BubbleStudio” or “application”), and website.

This Agreement is effective when the Customer is presented with this Agreement and proceeds to use the Services (the "Effective Date") or to receive or distribute Assets. These terms may be updated and presented again to the Customer from time to time. Continued use of the Services constitutes acceptance of the updated terms. If You do not agree to this Agreement, please stop using the Services.

1. Service Availability and Quality

We are constantly improving the Services to make them better. The Services are subject to modification and change, including but not limited to the art style of Assets, the algorithms used to generate the Assets, and features available to the Customer. No guarantees are made with respect to the Services’ quality, stability, uptime or reliability. Please do not create any dependencies on any attributes of the Services or the Assets. We will not be liable to You or Your downstream customers for any harm caused by Your dependency on the Service.

Both the Services and the Assets are provided to Customer on an "AS IS" BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied, including, without limitation, any warranties or conditions of TITLE, NON-INFRINGEMENT, MERCHANTABILITY, or FITNESS FOR A PARTICULAR PURPOSE. You are solely responsible for determining the appropriateness of using or redistributing the Assets and assume any risks associated with use of the Services.

BubbleStudio reserves the right to suspend or ban Your access to the Services at any time, and for any reason. You may not use the Services for competitive research. You may not reverse engineer the Services or the Assets. You may not use automated tools to access, interact with, or generate Assets through the Services. Only one user may use the Services per registered account. Each user of the Services may only have one account.

We reserve the right to investigate complaints or reported violations of our Terms of Service and to take any action we deem appropriate including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to user profiles, e-mail addresses, usage history, IP addresses and traffic information.

2. Age Requirements

If you are less than 13 years of age (or the age of majority in your jurisdiction), you may use the Services ONLY with the consent of your parent or legal custodian. Please make sure that your parent or legal custodian has reviewed and discussed these Terms with you.

BubbleStudio tries to make its Services PG-13 and family friendly, but the Assets are generated by an artificial intelligence system based on template image, and template images can also be uploaded by users. This is new technology and it does not always work as expected. No guarantees are made as to the suitability of the Assets for the Customer.

3. Your Information

By using the Services, You may provide BubbleStudio with personal information like Your email address, user name, billing information, favorites, and image outputs, or template images that You upload to the Service. Our privacy policy can be found here.

4. User Content

BubbleStudio may allow you to upload, edit, create, store and share content, including photos and videos, as well as generate and download your generated assets (“User Content”). We take no responsibility for and we do not expressly or implicitly endorse, support, or guarantee the completeness, truthfulness, accuracy, or reliability of any of Your Content.

By submitting Your Content to BubbleStudio, you represent and warrant that you have all rights, power, and authority necessary to grant the rights to Your Content contained within these Terms. Because you alone are responsible for Your Content, you may expose yourself to liability if you post or share Content without all necessary rights.

You retain any ownership rights you have in Your Content but you grant BubbleStudio the following license to use the Content:

When Your Content is created with or submitted to BubbleStudio, you grant us a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully-paid, transferable, sub-licensable license to use, reproduce, modify, distribute, create derivative works from, promote, exhibit, broadcast, syndicate, reproduce, distribute, synchronize, overlay graphics and auditory effects on, publicly perform, and publicly display of your User Content or any portion of generated images of you, without any additional compensation to you and always subject to your additional explicit consent for such use where required by applicable law and as stated in our Privacy Policy. The Company License is for the limited purpose of operating BubbleStudio or if otherwise implied by the Using of BubbleStudio and its services unless you have provided us your additional explicit consent for the different purpose where required by applicable law. The Company License is time-limited in the sense that it automatically terminates when you delete the User Content from BubbleStudio library or by terminating your account.    

Any ideas, suggestions, and feedback about BubbleStudio that you provide to us are entirely voluntary, and you agree that BubbleStudio may use such ideas, suggestions, and feedback without compensation or obligation to you.

Although we have no obligation to screen, edit, or monitor Your Content, we may, in our sole discretion, delete or remove Your Content at any time and for any reason, including for violating these Terms, or if you otherwise create or are likely to create liability for us.

Whenever you access or use a feature that allows you to upload or transmit or otherwise make User Content through certain third-party social media platforms such as Instagram, Facebook, YouTube, Twitter, etc., you must comply with the standards set out at "Access to and Use Limitations" above. You may also choose to upload or transmit your User Content, on sites or platforms hosted by third parties. If you decide to do this, you must comply with their content guidelines as well as with the standards set out at "Access to and Use Limitations" above. As noted above, these features may not be available to all users of the Services, and we have no liability to you for limiting your right to certain features of the Services.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any User Content will be considered non-confidential and non-proprietary. You must not share and transit any User Content through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content, you agree and represent that you own that User Content or you have received all necessary permissions, clearances from, or are authorized by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third-party content.

You acknowledge and agree that our use of your User Content will not result in any injury to you or to any person that you authorized to act on your behalf.

We will not be liable to you for any modification, suspension or discontinuation of BubbleStudio, or the loss of any User Content, if this loss occurs outside of our control (e.g., due to a security breach). However, we hereby commit to informing you of such security incident in accordance with our Privacy Policy.

5. DMCA and Takedowns Policy

We respect the intellectual property rights of others. If you believe that material located on or linked to by the Services violates your copyright or trademark, please send a notice of claimed infringement to takedown@bubblestudio.app with the subject “Takedown Request,” and include the following:

You may also send notices containing the above-required information to the following Address:

Humble Technologies, LLC.

2261 Market Street #5243

San Francisco, CA 94114

USA

Upon receipt of a notice that complies with the foregoing, we reserve the right to remove or disable access to the accused material or disable any links to the material; notify the party accused of infringement that we have removed or disabled access to the identified material; and terminate access to and use of the Services for any user who engages in repeated acts of infringement.

Please be aware that if you knowingly misrepresent that material or activity on the Services is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

BubbleStudio will, in appropriate circumstances, terminate repeat infringers. If you believe that an account holder or subscriber is a repeat infringer, please follow the instructions above to contact us and provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer.

6. Prohibited Conduct and Content

You must not violate any applicable contract, intellectual property law, any other applicable law or other third-party rights (including the Company’s rights) or commit a tort, and you are solely responsible for your conduct while Using BubbleStudio.

You represent, warrant and agree that you will not Use BubbleStudio by uploading the User Content or otherwise (all of the following conduct includes any attempts to perform any of the following):

For any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.

7. Use of Generated Photos

You are the one to decide how to use the generated Photos further, and you are the one accountable for their use. You must ensure that the way you are using your Photos is not breaking any laws, such as privacy and intellectual property laws, and that such use is not obscene, pornographic, harmful and doesn’t spread harmful misinformation. If you are unsure that your intended use of the Photos would be legal, we advise you to err on the side of caution, especially if using for commercial purposes.

You and your BubbleStudio friends may also independently create and share generated photos featuring both of you, in which case you (or your likeness) may appear in photos generated by your BubbleStudio friends. You may have the option to create Generated Photos that include branding or other advertising content of BubbleStudio or its business partners. We call those “Sponsored Photos.” If you chose to generate a Sponsored Photos, you (or your likeness) may be used in such Sponsored Photos without compensation to you.

Creation of AI Profile or Generated Photos may take some time to generate, but the process begins as soon as you consent to purchase. Because the creation of AI Profile and Generated Photos start being processed as soon as you complete your purchase or spend your credits, Creation of AI Profile and/or Generated Photo purchases are non-refundable, as explained further in Section 9 of the Terms. If there is an error in creating your AI profile or generating your Generated Photos, you will be notified and have the option to create AI Profile or Generated Photo again, or to request a refund through customer support. AI Profile and Generated Photos have no monetary value.

BubbleStudio does not guarantee that AI Profile and Generated Photos  will be available at all times or at any given time, or that we will continue to offer Generated Photos for any particular length of time. BubbleStudio may modify or remove AI Profile or Generated Photos at any time and for any reason, at our sole discretion. When we do that, you will be notified by email at least 14 days before the action is taken into effect.

Due to the fact that we use Stable Diffusion AI technology in BubbleStudio for creation of the Photos, you additionally represent, warrant and agree that you will not Use Photos feature in the following ways, which are explicitly prohibited under the Stable Diffusion AI technology license (Attachment A), and, in particular:

You, furthermore, agree to abide by the Stable Diffusion AI technology license (https://github.com/CompVis/stable-diffusion/blob/main/LICENSE), incorporated herein by reference, including its Attachment A.  

We reserve the right to:

8. LIMITED LICENSE; COPYRIGHT AND TRADEMARK

Everything you read below is NOT about your User Content.

BubbleStudio and the text, graphics, images, photographs, videos, audio, music (including but not limited to the Music Content (as defined below)), illustrations, trademarks, trade names, page headers, button and application icons, scripts, service marks, logos, slogans, filters, tools, user generated tools and other content contained in BubbleStudio, excluding your User Content (collectively, “BubbleStudio Content”) (and intellectual property rights in or to the preceding items) are owned by us or licensed to us and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, we and our licensors, as applicable, reserve all rights, title and interests (including without limitation all intellectual rights) in and to BubbleStudio and BubbleStudio Content.

Your use of the BubbleStudio Content shall always be subject to these Terms and, if applicable, additional terms and conditions that we may communicate to you from time to time, such as terms and conditions from our licensors (such additional terms, "Supplemental Terms"). Such Supplemental Terms are hereby incorporated into these Terms by reference. To the extent of any conflict or inconsistency between these Terms and Supplemental Terms the latter shall govern.

You are hereby granted a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to Use BubbleStudio and the BubbleStudio Content for your own personal use (“User License”); however, such User License is subject to these Terms and (if applicable) the Supplemental Terms and does not include any right to:

Any Use of BubbleStudio or the BubbleStudio Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the User License granted under these Terms and (if applicable) the Supplemental Terms. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the BubbleStudio Content.

9. Counter-Notification Procedures

If you believe that material was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us by submitting a written notification to our copyright agent designated above. Such notification must include substantially the following:

Your physical or electronic signature.

An identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access disabled.

Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

A statement under penalty of perjury by you that you have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.

A statement that you will consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or if you reside outside the United States for any judicial district in which the Services may be found) and that you will accept service from the person (or an agent of that person) who provided us with the complaint at issue.

Our designated agent to receive counter notices is the same as the agent shown above.

The DMCA allows us to restore the removed content within 10-14 business days unless the complaining party initiates a court action against you during that time period and notifies us of the same.

Please be aware that if you knowingly materially misrepresent that material or activity on the Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorney’s; fees) under Section 512(f) of the DMCA.

10. Dispute Resolution and Governing Law

ALL LEGAL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT (INCLUDING ANY DISPUTE REGARDING THE INTERPRETATION OR PERFORMANCE OF THE AGREEMENT) ("Dispute") WILL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA, USA, EXCLUDING CALIFORNIA'S CONFLICTS OF LAWS RULES. Sorry for putting that in caps, but hopefully You read it carefully. We're talking about serious and reasonably meritorious legal claims, not personal disputes that don't cause economic harm.

The parties will try in good faith to settle any Dispute within 30 days after the Dispute arises. If the Dispute is not resolved within 30 days, it shall be resolved by arbitration by the American Arbitration Association’s International Centre for Dispute Resolution in accordance with its Expedited Commercial Rules in force as of the date of this Agreement ("Rules").

The parties will mutually select one arbitrator. The arbitration will be conducted in English in Santa Clara County, California, USA.

Either party may apply to any competent court for injunctive relief necessary to protect its rights pending resolution of the arbitration. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in the Agreement.

The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property.

Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the Dispute.

11. Unlimited Service and Rate Limiting

If You purchase an unlimited plan, we will try to reasonably offer You unlimited access to the Services. However, we reserve the right to rate limit You to prevent quality decay or interruptions to other customers.

12. Payment and Billing

You can only purchase services provided by BubbleStudio on BubbleStudio website or mobile applications. In order to make a purchase you must be at least 18 or the age of majority where you live.

The price of Lightspace AI service will be displayed at the point of sale. You'll always see the final purchase price before you click to submit your order through your in-app purchase provider. Your payment will be processed before BubbleStudio service and credits start being rendered.

When you submit your purchase, our 3rd party payment provider will send you an electronic notification confirming the transaction using the contact information they have on file for you. By submitting an order, you authorize our 3rd party payment provider to use information you submit to charge your card or other payment method for BubbleStudio service and credits, in addition to any applicable taxes, fees and charges. You cannot cancel a purchase after it has been submitted. If you have any issues with completing your payment, please contact the payment provider directly.

You are responsible for maintaining the security of, and restricting access to, your BubbleStudio account and password, and you accept responsibility for all purchases of BubbleStudio service and credits that occur under your BubbleStudio account.

YOU ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR PAYMENT METHOD BY A THIRD PARTY.

BubbleStudio reserves the right to refuse or cancel orders at any time and for any reason. You agree that, if we cancel your purchase, your sole and exclusive remedy is either: (1) payment provider will issue a credit to the payment method used for the purchase of BubbleStudio services and credits; or (2) payment provider  won't charge you for the purchase.

BubbleStudio may provide a code, coupon or other form of discount on your purchase of BubbleStudio service and credits in an amount and on terms and restrictions as provided by us, but we are under no obligation to do so.

You will not use any payment card or other form of payment to submit a purchase for  BubbleStudio service and credits unless you have all necessary legal authorization to do so. When you submit your purchase, you agree to pay the cost of  BubbleStudio service and credits, plus applicable taxes (including national, state, and local sales or use taxes, value added taxes or similar taxes or fees payable in connection with your purchase), fees and charges, at the rates in effect when the fees and charges were incurred. Failure to fully pay for the purchase will result in a cancellation of your BubbleStudio service and credits.

Your payment card issuer agreement governs your use of your designated card. For example, if you purchase with a payment card issued through a bank based outside the United States, your bank may charge you foreign transaction fees and other similar fees. Your in-app purchase provider's terms govern your use of the in-app purchasing tool. You must refer to your agreement with those parties, and not these BubbleStudio Terms, to determine the rights and liabilities as between you and them.

13. Refund Policy

 Payments made for BubbleStudio service and credits are (except as required by applicable law) nonrefundable and we do not provide price protection or refunds in the event of a price drop, discount or other promotional offering.

If you have any problems with your purchase, please contact us.

14. Indemnification

To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and each of our respective officers, directors, agents, partners and employees (individually and collectively, “Company Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims”) arising out of or related to (i) your Use of BubbleStudio; (ii) your User Content or Feedback; (iii) your violation of these Terms; (iv) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); and (v) your conduct in connection with BubbleStudio. You agree to promptly notify the Company Parties of any third party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Company Parties will have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and us or the other Company Parties.

15. Disclaimers

We do not control, endorse or take responsibility for any User Content (and its loss) or third-party content linked to BubbleStudio. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

Your Use of BubbleStudio is at your sole risk. BubbleStudio is provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, we do not represent or warrant that BubbleStudio is accurate, complete, reliable, current or error-free, free of viruses or other harmful components. You assume the entire risk as to the quality and performance of BubbleStudio within your Use.

Photo Generation uses external technology Stable Diffusion AI. Due to this, we cannot fully control the results generated by the Photo Generation feature, and therefore these Photos in no way represent our official policy or position on religion, ethnic group, club, organization, company, individual, or anyone or anything. We make reasonable efforts to moderate the Magic Photos feature by configuring the AI setting, which, in any case, are only those that are accessible to us. We do not and cannot moderate the User Content. By agreeing to the Terms and/or make a payment transaction, you agree to the above disclaimer and waive any claims against us due to the generated  Photos.

16. Limitation of Liability

The Company, as well as Company’s representatives or affiliates (the “Company Parties”) will not be liable to you under any theory of liability — whether based on contract, tort, negligence, strict liability, warranty, or otherwise — for any indirect, consequential, exemplary, incidental, punitive or special damages or lost profits, even if you have been advised of the possibility of such damages.

The total liability of the Company and the other Company Parties, for any claim arising out of or relating to these Terms or BubbleStudio, regardless of the form of the action, is limited to the amount paid, if any, by you to Use BubbleStudio. In no event will the Company’s total liability arising out of or in connection with these Terms or from the Use of or inability to Use BubbleStudio exceed the amounts you have paid to Use BubbleStudio or ten ($2) U.S. dollars, if you have not had any payment obligations to the Company, as applicable. The exclusion and limitations of damages set forth above are fundamental elements of the basis of the bargain between the Company and you.

The limitations set forth in this Section will not limit or exclude liability for fraud or intentional misconduct of the Company or the other Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.

17. Release

To the fullest extent permitted by applicable law, you release the Company and the other Company Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including, but not limited to, claims of negligence), arising out of or related to disputes between the Users and the acts or omissions of third parties. You expressly waive any rights you may have under California Civil Code § 1542 as well as any other statute or common law principles that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.

18. Dispute Resolution; Binding Arbitration

Please read the following Section carefully because it requires you to arbitrate certain disputes and claims with the Company and limits the manner in which you can seek relief from us.

Except for small claims disputes in which you or the Company seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or the Company seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and the Company waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or BubbleStudio resolved in court. Instead, all disputes arising out of or relating to these Terms or BubbleStudio will be resolved through confidential binding arbitration held in Santa Clara County, California in accordance with the Streamlined Arbitration Rules and Procedures (“Rules”) of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.

ANY ARBITRATION UNDER THESE TERMS BY EITHER YOU OR US WILL ONLY BE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS, CLASS ACTIONS, REPRESENTATIVE ACTIONS, AND CONSOLIDATION WITH OTHER ARBITRATIONS ARE NOT PERMITTED. YOU WAIVE ANY RIGHT TO HAVE YOUR CASE DECIDED BY A JURY AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION AGAINST US.

You and the Company agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (“FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and the Company agree that for any arbitration you initiate, you will pay the filing fee and the Company will pay the remaining JAMS fees and costs. For any arbitration initiated by the Company, the Company will pay all JAMS fees and costs. You and the Company agree that the state or federal courts of the State of California and the United States sitting in Santa Clara County, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.

ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR LIGHTSPACEAI MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND THE COMPANY WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.

You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section by notifying the Company in writing. The notification must be sent to:

Humble Technologies, LLC.

2261 Market Street #5243

San Francisco, CA 94114

hello@bubblestudio.app

In order to be effective, the opt-out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with this Section.

19. Governing Law and Venue

These Terms and your Use of BubbleStudio will be governed by, construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the user's country. This paragraph doesn’t override those laws.

Any dispute between you and the Company that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of California and the United States, respectively, sitting in Santa Clara County, California.

20. Change To These Terms

We may make changes to these Terms from time to time. If we make changes, we will post the amended Terms and update the “Effective date” above. In case we make substantial changes to the Terms, including the changes which might affect your rights, we will always notify you via in-app consent, email, or any other means of communication we may deem fit. If you do not agree to the amended terms, you must stop Using BubbleStudio. Your continued Use of BubbleStudio after we provide the notice will imply your acceptance of those changes.    

21. Electronic Communication

By Using BubbleStudio, you also agree to receive electronic communications from us, including via email, push notifications and by posting notices on BubbleStudio. The communications between you and us may take place via electronic means, whether you Use BubbleStudio or send us emails, or whether we post notices on BubbleStudio or communicate with you via email. These communications may include notices about BubbleStudio and the Purchased Content and are part of your relationship with us. For contractual purposes, you: (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights. Communications from us may include but are not limited to: operational communications concerning your Account or the Use of BubbleStudio (e.g., technical and security notices, updates to the Privacy Policy and Terms), and updates concerning new and existing features (e.g., changes/updates to features of BubbleStudio and their scope, prices of in-app subscriptions).

You may opt-out of receiving promotional emails from us at any time through any of the following methods:

22. Termination

We reserve the right, without notice and in our sole discretion, to terminate your right to Use BubbleStudio. We are not responsible for any loss or harm related to your inability to Use BubbleStudio. Upon any termination, discontinuation or cancellation of BubbleStudio, all provisions of these Terms, which by their nature should survive, will survive, including without limitation, ownership provisions, warranty disclaimers, limitations of liability and dispute resolution provisions.

23. Export And Economic Sanctions Control

The application and artificial intelligence may be subject to export and re-export control laws and regulations, including the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You represent and warrant that you are (1) not located in any country or region that is subject to a U.S. government embargo, and (2) are not a denied party as specified in the regulations listed above.

You agree to comply with all U.S. and foreign export laws and regulations to ensure that neither the application nor any technical data related thereto nor any direct product or products derived from or based on such technology received from BubbleStudio under these Terms of Use thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations.

24. Miscellaneous

These Terms constitute the entire agreement between you and us relating to BubbleStudio and your Use of BubbleStudio, and these Terms supersede and replace any and all prior oral or written understandings or agreements between the Company and you relating to BubbleStudio and your Use of BubbleStudio.

The language of these Terms is the English language only.

You hereby irrevocably waive any law applicable to you requiring that these Terms shall be localized to meet your language (as well as any other localization requirements), or requiring a delivery or retention of non-electronic records.

The failure of us to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The waiver of such right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.

Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

If any provision of these Terms is held invalid and unenforceable (either by an arbitrator appointed pursuant to the terms of the Dispute Resolution; Binding Arbitration Section above or by court of competent jurisdiction), that provision will be enforceable to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect. The Section titles in these Terms are for convenience only and have no legal or contractual effect.

Except as otherwise provided herein, these Terms are intended solely for the benefit of you and the Company and are not intended to confer third party beneficiary rights upon any other person or entity.

You may not assign or transfer your rights under these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer your rights under these Terms, without such consent, will be null and of no effect. We may freely assign or transfer our rights and obligations under these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.