Bubl B.V. provides the Platform (infrastructure and Datavaults). You agree to these terms by using our services. These terms cover the agreement between you and Bubl Cloud. Agreements regarding specific Applications installed from the Bubl Store are determined by the provider of that Application.

You must be at least 16 years old to use our services.

Your use of Bubl Cloud is also governed by our Data Processing Agreement (DPA), which defines our role as the Controller of Operational Data and your role as the Controller of Datavault Content.

1. 4.1 Account Registration

   By signing up, you agree to these terms.

2. 4.2 The Bubl Store & Applications

   Bubl Cloud provides a marketplace for software applications. These are categorized as follows:

   • a) Third-Party Merchant Apps: Apps published by third-party developers or companies. Your use of these apps is governed by the terms and support policies of that specific Developer. The Developer is solely responsible for support and maintenance.
   • b) Bubl-Packaged Open Source Apps: Bubl Cloud offers "One-Click" installations of open-source software (e.g., Nextcloud, WordPress).

   • Role: Bubl Cloud acts as the Packager and Hosting Provider. We ensure the container runs on our infrastructure. We are not the Author of the underlying software code.
   • Licensing: Your use of these Applications is subject to their respective open-source licenses (e.g., GPL, MIT, Apache). By installing them, you agree to comply with those licenses.
   • Support: For these Apps, Bubl Cloud support is limited to infrastructure availability. We do not provide code-level support for the internal logic of open-source software.

3. 4.3 EU Right of Withdrawal (Waiver for Digital Content)

   If you are a consumer located in the European Union (EU) or European Economic Area (EEA):

   • Standard Right: You normally have the right to withdraw from a distance contract within 14 days without giving any reason.
   • Waiver for Digital Content: However, the right of withdrawal does not apply to the supply of digital content which is not supplied on a tangible medium (such as Apps downloaded or accessed via the Bubl Store) if the performance has begun with your prior express consent and your acknowledgment that you thereby lose your right of withdrawal.
   • Agreement: By clicking "Install," "Buy," or "Download" for any Application or Service in the Bubl Store, you expressly consent to the immediate performance of the contract and acknowledge that you lose your right of withdrawal once the performance has begun.

4. 4.4 Datavault Connectivity & Trusted URLs

   • Closed by Default: To ensure compliance with "Privacy by Design" (GDPR) and "Default Deny" security principles (ISO 27001), your Datavault is strictly isolated and closed to the outside world by default.
   • App Permissions: Some Applications in the Bubl Store may require external network access to function (e.g., connecting to other platforms). If an Application requires access to "Trusted URLs," this requirement is explicitly listed in the Application's software/security overview in the Store. By installing the Application, you instruct us to modify your network security settings to permit traffic to these specific Trusted URLs.
   • User Responsibility: You have the ability to manually open your Datavault to additional Trusted URLs. You are solely responsible for maintaining and managing your list of Trusted URLs. You acknowledge that opening your Datavault to external connections creates a potential exit path for data. Bubl Cloud is not responsible for any data loss, interception, or security breaches resulting from connections to Trusted URLs that you have authorized, either manually or via App installation.

5. 4.5 International Data Transfers via Trusted URLs

   • Your Role as Exporter: If you or an installed Application configure a "Trusted URL" that is located outside the European Economic Area (EEA), you are the Data Exporter for GDPR purposes.
   • Our Role: Bubl Cloud acts strictly on your documented instruction (via the Trusted URL configuration) to transmit data to that destination. We do not control the destination server and cannot verify its compliance.
   • Compliance: You are responsible for ensuring that any transfer you authorize to a Trusted URL complies with applicable data protection laws.

6. 4.6 Notice and Action (DSA Compliance)

   Bubl Cloud complies with the EU Digital Services Act (DSA) regarding illegal content.

   • Reporting: If you believe an Application in the Bubl Store infringes on your rights (e.g., copyright) or violates the law (e.g., malware, illegal content), you may report it to our designated Point of Contact: legal@bubl.cloud.
   • Our Action: Upon receiving a valid and substantiated notice, Bubl Cloud reserves the right to remove or disable access to the Application in the Bubl Store.
   • Statement of Reasons: If we remove content or suspend services based on such a report, we will provide a clear Statement of Reasons to the affected provider explaining our decision, referencing the specific legal ground or contractual clause violated, unless prohibited by law enforcement.
   • No Liability: We do not proactively monitor the content of Applications in the Store. Our liability is limited to acting expeditiously to remove illegal content once we have actual knowledge of it.

7. 4.7 Government and Law Enforcement Data Requests

   Bubl Cloud protects your privacy through strict internal policies and architecture. However, we must comply with valid legal orders from Dutch or EU authorities.

   • Operational Data: If compelled by a valid court order or warrant, we can provide Operational Data (e.g., billing details, account existence, IP logs).
   • Datavault Content: While Bubl Cloud currently manages the encryption keys for platform operations, we utilize these keys strictly for service delivery and recovery. We will not use these keys to decrypt your data for law enforcement unless we are strictly compelled to do so by a binding order from a competent Dutch court. Any internal use of these keys requires your explicit consent and triggers an automated audit log. We will challenge any overbroad or generalized requests for access.
   • Notification: Unless prohibited by law (e.g., a "gag order"), we will notify you if we receive a request for your information so you can seek legal protection.

8. 4.8 Fees and Taxes

   You are responsible for data carrier fees and taxes. Purchases made in the Bubl Store are processed by Bubl B.V., but the license is granted by the App Provider (or governed by open-source licenses).

9. 4.9 Permitted and Acceptable Use

   You agree to use our services and the Applications within them only for legal, authorized, and acceptable purposes. You are responsible for the data you process within your Datavault.

10. 4.10 Harm to Bubl Cloud

    You must not access, use, modify, or exploit our services in unauthorized manners or in ways that harm Bubl Cloud.

11. 4.11 Security & Encryption Responsibility

    Bubl Cloud employs strong encryption for the Datavault environment.

    • Key Residency: You acknowledge that encryption keys are currently resident on Bubl Cloud infrastructure to facilitate platform operation, subject to the "Custodian" commitments outlined in our Privacy Policy and DPA.
    • User Duty: You are responsible for keeping your account credentials safe and managing the permissions you grant to Applications installed from the Store.

12. 4.12 Intellectual Property

    • Bubl Cloud: We own the rights to the Platform and our brand.
    • You: You own the information you submit and store in your Datavault.
    • App Providers: App Providers (or open-source communities) retain the rights to the software they sell or distribute in the Store.

1. 5.1 Disclaimers

   YOU USE OUR SERVICES AND APPLICATIONS FROM THE STORE AT YOUR OWN RISK. WE PROVIDE THE PLATFORM ON AN "AS IS" BASIS.

   BUBL CLOUD EXPRESSLY DISCLAIMS ALL LIABILITY FOR:

   • (A) DATA LOSS, SECURITY BREACHES, OR MALFUNCTION CAUSED BY THIRD-PARTY APPLICATIONS INSTALLED VIA THE BUBL STORE;
   • (B) BUGS, ERRORS, OR DATA CORRUPTION CAUSED BY THE INTERNAL LOGIC OF OPEN-SOURCE SOFTWARE PACKAGED BY BUBL; AND
   • (C) SECURITY INCIDENTS RESULTING FROM CONNECTIONS TO TRUSTED URLS AUTHORIZED BY YOU.

   OPEN-SOURCE APPLICATIONS ARE PROVIDED "AS IS" AND SUBJECT TO THEIR ORIGINAL LICENSES, WHICH TYPICALLY DISCLAIM ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

2. 5.2 Limitation of Liability

   BUBL B.V. WILL NOT BE LIABLE FOR LOST PROFITS, INDIRECT, OR CONSEQUENTIAL DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES WILL NOT EXCEED THE GREATER OF: (A) ONE HUNDRED EUROS (€100.00); OR (B) THE TOTAL AMOUNT PAID BY YOU TO BUBL CLOUD IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. THIS LIMITATION APPLIES TO THE FULLEST EXTENT PERMITTED BY LAW.

However, if you are a consumer acting outside the scope of your profession and you reside in the European Union / EEA, you also enjoy the protection of the mandatory provisions of the law of your country of residence. Nothing in these terms affects your rights as a consumer to rely on such mandatory provisions of local law or to bring legal proceedings in your local courts.

You can end these terms by deleting your Bubl. We may revoke access if you violate our terms.

Digital Services Act (DSA) Points of Contact:

• For Member State Authorities, the Commission, and the Board: legal@bubl.cloud (Communications accepted in English and Dutch).
• For Recipients of the Service (Users): legal@bubl.cloud.