Terms and Conditions for The Bubble App

Statement of Use 

These terms apply to your access to, and use of, the entire contents of the Bubble app (“Services”).

The Bubble app is provided by or on behalf of Melon Health Ltd (“we”, “us”, “Melon”)

These terms form a legal agreement between you and us. You are considered to have accepted these terms if you click to confirm your intended use of this app, or if you otherwise view, access or use the Services in any way.

The Bubble app may have some features which could be constituted as a biofeedback. The intent with these features is that they help users gain some understanding of their emotional state in order to help build emotional resilience. Bubble does not provide any form of medical device. Bubble is not a health care or medical device provider, nor should anything within it be considered medical advice. Only your physician or other health care provider can do that. 

To get the most out of the Bubble app we encourage you to create a connection (“bubble”) with the person you want to support or a person you wish to support you. During this very important connection you may learn more about each other. Some of this information may be of a personal nature and by agreeing to support and be supported you also agree to using this information with kindness and in the interest of the other person. Failure to do so may result in the other person not wishing to continue in a bubble and therefore reap the benefits of the connection, it also contravenes the terms in this agreement.

If you do not agree to these terms, you are not permitted to use the Services.

 

1. Your right to use the Bubble app

So long as you comply with these terms, we grant you a non-exclusive and non-transferable right to access and use the Services in the manner we make them available to you from time to time. This right is subject to these terms and is limited by any additional terms and/or notices displayed as part of the Services or that we provide to ‘your content’ as explained below. 

Except as set out above, you are not granted any other rights in relation to the Services.

Note: To enjoy access to the Bubble app requires use of a smartphone. Applications are constantly improving and for security reasons it is important that these are kept up-to-date.

 

2. Changes to Services

We may, at our sole discretion, modify the whole, or any part of, the Services at any time without notice to you and these terms continue to apply to any modified Services. The nature of the Bubble app means we will be adding tasks for you and your Bubble buddy at regular intervals.

By signing up to the Services you agree to receiving emails from us regarding changes to the Services (for example, notifications of upcoming or recent updates, enhancements and support).

We may from time to time set upper limits on the storage space and bandwidth related to the information stored related to you. If you exceed those limits we reserve the right to immediately disable your profile account or limit your use until you can reduce your bandwidth consumption to a level that we consider reasonable.

 

3. These terms may change

From time to time, we may change these terms. We will endeavour to give you notice before the new version of the terms take effect by either emailing you with notice of the changed terms (sent to the email address you gave us when you signed up to the Services), or by displaying a notice as part of the Services (for example, on the Bubble app). Any use by you of the Services after the new version of the terms has been shared confirms your acceptance of the new version of the terms.

4. Definitions and interpretations

Account means a profile set up by you to use the Bubble app services. You may use social sign in (google, facebook, apple) for this access and we will not retain any information attached to this identifying information. It is merely used to allow you access. You may choose to use an email and password to access your profile. 

Activity means the tasks you partake in on the bubble app. 

Bubble is the connection formed with the other person(s) in the Bubble app. 

Confidential Information is information that may not be known by others and that you become aware of during your use of the Bubble app and/or your support for the other person in the bubble.  

Data means information (including Personal Information) which you have entered using the app which may be stored on the Bubble app and may include, files, data, metadata, text, photographs and written posts. Some data is linked to you and some data is not linked to you (aggregate) but used to understand what helps people most.

Data controller or data control is a term used to describe an entity or the action that determines the purposes for which and the means by which personal data is processed and ultimately protected. 

Data processing is the action of setting up systems that manage the data and represent what the data means. 

Melon Health Ltd is the company that has developed and owns the Bubble app.

Parent is the person that agrees to take on a supportive role within the Bubble app and learn more about themselves and others, and also acknowledges the responsibilities that may come with this role. 

Personal Information means information about an identifiable, living person, and includes information about the health of an individual.

Teen is the person who is being supported within the Bubble app and learning more about themselves and others. 

You means the person who accepts these Terms & Conditions. 

 

5. Your Content

The Bubble app presents information to you, from your interactions with the tasks in the app, at the time of use and then discards the information. This is to ensure we hold the least amount of information possible. 

There are two scenarios where we would store your data in an encrypted manner. For this we use Amazon Web Services (AWS), Sydney:

  1. To provide a history function that supports you to look at previous interactions when completing tasks on the Bubble app.  

  2. To notify the other person in your bubble of your activity when you choose for this to happen, as prompted by a feature in the Bubble app. 

We do not own any of the information you create that is attached to your use of the  Bubble app ( "Your Content" ). 

If this agreement ends for any reason, or your profile account is closed (in accordance with the section entitled “Ending the Services and this agreement”) below), you will no longer have access to Your Content. We will retain Your Content for a period, dictated by legal requirements and best practice.

You will not be able to access Your Content once your profile account has been closed or this agreement ends.

While we endeavor to backup and keep Your Content secure we do not promise that it is completely secure or recoverable or will never be lost or damaged.

We reserve the right (but have no obligation to) remove or edit any of Your Content in our sole discretion.

 

6. Your personal information

See our Privacy Policy for the way the Bubble app collects and uses your personal information.

 

7. Your responsibilities

The purpose of the Bubble app is to support mental health and improve relationships and healthy connection. The intention is that this will be achieved through a proactive, fun and interactive set of tasks.   Using the app for any other purpose may cause harm and mean that your use of the app will be terminated. 

You (and not us) are responsible for your use of the Services (including the Bubble app Content) and any and all activity that occurs under your Bubble name (including Content that is posted, created, transmitted or displayed). Such use and activity is collectively called "Your Activity" in these terms.

It is your responsibility to:

  • make sure you access and use the Services in a reasonable and proper manner for your personal purposes only and never in a way that breaks any applicable local, state, national or international laws or regulations or infringes our or anyone else's rights;

  • provide accurate, current and complete identification, contact and other information as may be required as part of the registration process or whenever otherwise required as part of your use of the Services;

  • You agree not to impersonate any other person while using the Services, conduct yourself in an offensive manner while using the Services, or use the Services for any illegal, immoral or harmful purpose.

  • comply with all our directions and restrictions regarding the use of the Services;

  • make sure your use of the Services, and anything you do or control, never impairs the Services or their use by other users;

  • make sure you do not, do not agree to, or do not authorize or encourage any third party to:

    • use the Services for any fraudulent or inappropriate purpose;

    • resell, duplicate, reproduce or exploit any part of the Services or Bubble Content without the express written permission of Melon Health Ltd; or

    • use any robot, spider, other automated device, or manual process to monitor or copy any content from the Services or Bubble Content;

  • never attempt to undermine the security or integrity of the Services, circumvent any restrictions we place on your use of the Services, or obtain access to any part of the Services that you have not expressly been given permission to access;

  • make sure your username and password is kept confidential and secure and are properly used by you (and immediately tell us whenever you have reason to believe that this hasn't happened or there has been any breach of security);

  • make sure that Your Content is free of anything illegal or that may be offensive, any viruses and anything else that infringes a third party's rights or could have a detrimental effect on the Services or us (including our reputation);

  • never access (or attempt to access) the Services in an automated manner or other than through the interface that we make available to you for access; and

  • never reproduce, duplicate, modify, reverse engineer, copy, resell, sub-license, create derivative works from or exploit any portion of the Services or Bubble Content. 

You understand that violation of any of the foregoing may result in the immediate termination of this agreement and may subject you to penalties and other legal consequences as may be imposed by governing authorities within your country of residence.

 

8. Assignment by Us

Melon Health Ltd may transfer its rights and obligations under these Terms & Conditions (“Terms”) to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.

 

9. Indemnity by you

You agree to defend, indemnify and hold Melon Health Ltd and its directors, officers, members, investors, managers, employees and agents harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from (i) your negligent, reckless, or willful misuse of the Products, (ii) your placement or transmission of any message, content, information, software, or other submissions through the Products, (iii) any third-party claims of bodily injury, death, or damage to real or tangible personal property caused by your negligent or more culpable acts or omissions related to your use of the Products; or (iv) your breach or violation of the law or of these Terms. Melon Health Ltd reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Melon Health Ltd defence of such claim.

 

10. Intellectual Property Protection

We alone (or our licensors) own and shall retain all rights, title and interest, including intellectual property rights (whether or not registered and anywhere in the world), in and to the Services and Bubble app Content (including in the user interface, design and look and feel of the Services and in any underlying software, ideas or know-how).

You agree that any feedback or suggestions that you provide to us in relation to the Services and Bubble app is not confidential and becomes our intellectual property.

Our trademarks, logos and business, product and domain names are also owned by us (or our licensors) alone and you are not granted any rights or interests in any of them.

 

11. Ending the services and this agreement

You may cancel your bubble account and end this agreement at any time for any reason in settings.

We may end this agreement at any time for any reason. However, we will endeavor to give you at least 3 days notice beforehand. We may also end this agreement, and/or end, suspend or restrict your access and use of the Services, at any time without notice to you if:

  • you have breached any of these terms; or

  • we (in our sole discretion) consider it necessary or desirable to do so to protect our proper interests or the interests of anyone else.

Taking any of the steps above does not limit any other rights or remedies that may be available to us.

Ending this agreement or any of the Services does not affect sections  2, 3, 4, 6, 9, 8, 9 (which will continue to operate) or any rights or remedies that have accrued beforehand.

 

12. Payments and donations

If you choose to pay for The Bubble app , or provide us with a donation to assist with the development of the Services we provide, you will be directed to a payment gateway for processing of payment. This facility is managed by a third party payment gateway provider and is subject to their terms and conditions. It is your responsibility to ensure that the transaction, credit or debit card information, and all other details you provide in relation to your payments made through the payment process are correct. You agree and acknowledge that Melon Health Ltd shall not be liable and in no way be held responsible for any losses whatsoever, whether direct, indirect, incidental or consequential, including without limitation any losses due to delay in processing of payment instruction or any credit card fraud.

 

13. Disclaimer

While there is third party evidence from research backing the activities and advice within Bubble, Bubble makes no claims, representations or guarantees that the Products provide a physical or therapeutic benefit. Any advice or other materials in Bubble are intended for general information purposes only. They are not intended to be relied upon and are not a substitute for professional medical advice based on your individual condition and circumstances. Only your physician or other health care provider can do that.

The advice and other materials we make available are not intended to replace the relationship or advice you have with your medical professionals. We are not liable or responsible for any consequences of your having interacted, read or been told about such advice or other materials as you assume full responsibility for your decisions and actions. In particular, to the fullest extent permitted by law, we make no representation or warranties about the accuracy, completeness, or suitability for any purpose of the advice, other materials and information published as part of the Bubble.

 

Version 1.0 added 22 February 2022