TERMS AND CONDITIONS
WELCOME TO BOBBLE
Bobble is operated by N2 Therapy Australia Pty Ltd, an Australian company
with ABN 16 633 627 219 (‘we’, ‘our’ or ‘us’).
We provide Bobble, an AI-powered voice transcription and personal
organisation mobile application that allows users to record voice notes,
generate transcripts, summaries, tasks, reminders and goals, and organise
and manage that content through the application (App).
These terms and conditions (Terms) govern your access to and use of the App
and any related services we provide through it (Services). The most current
version of these Terms is available at [insert URL] (Website). Please read these
Terms carefully before creating an Account or using the App.
You may access the App through:
(a) a free plan (Free Plan); or
(b) a paid subscription that, if introduced, may include
additional features described in the App or on the Website (Paid
Subscription).
The plan you select when creating or managing your Account is your Plan.
If Paid Subscriptions are introduced and you select one, it will automatically
renew for successive billing periods and you will continue to be charged the
applicable Subscription Fees unless you cancel it in accordance with the
cancellation provisions of these Terms. Any Paid Subscription will be
processed, billed and managed through the Apple App Store or Google Play
Store, as applicable.
1 READING AND ACCEPTING THESE TERMS
(a) Capitalised words and phrases used in these Terms have
the meanings given to them where they are first defined
or in the Definitions section at the end of these Terms.
(b) By creating an Account, clicking an “I accept” button or
similar acceptance mechanism, accessing or using the
App, purchasing a Paid Subscription or otherwise
receiving the benefit of the Services, you agree to be
bound by these Terms. These Terms form a binding
agreement between you and us.
(c) If you access or use the App on behalf of a company,
organisation or other legal entity, you represent and
warrant that you have authority to bind that entity to
these Terms, and references to ‘you’ and ‘your’ include
that entity.
(d) We may update these Terms from time to time. We will
notify you of any material changes through the App, by
email or by another reasonable method before those
changes take effect.
(e) Your continued use of the App after the updated Terms
take effect constitutes your acceptance of those
changes. If a change materially disadvantages you, you
may cancel your Account or Paid Subscription before
the change takes effect and, where you have prepaid
Subscription Fees directly to us, receive a pro rata
refund for the unused portion of the current billing
period.
2 ELIGIBILITY
(a) By accepting these Terms or using the App, you
represent and warrant that:
(i) you are at least 16 years old;
(ii) you have the legal capacity and authority to
enter into a binding agreement with us;
(iii) all information you provide when creating or
using your Account is accurate, complete and
current; and
(iv) if you purchase a Paid Subscription, you are
authorised to use the payment method provided.
(b) If you are under 18 years old, you must have permission
from your parent or legal guardian to create an Account
and use the App. By permitting a person under 18 years
old to use the App, the parent or legal guardian agrees
to these Terms on that person’s behalf and is
responsible for their use of the App.
(c) You must not create an Account or use the App if:
(i) you are under 16 years old;
(ii) you are under 18 years old and do not have
permission from your parent or legal guardian;
(iii) you do not have the legal capacity or authority
to agree to these Terms; or
(iv) we have previously suspended or terminated
your Account or prohibited you from using the
App.
3 DURATION OF THESE TERMS AND PAID SUBSCRIPTIONS
(a) These Terms commence when you first accept them or
access or use the App and continue until your Account
is closed or these Terms are otherwise terminated.
(b) If you select a Paid Subscription, the Paid Subscription
commences when your purchase is confirmed and
continues for the billing period displayed to you at the
time of purchase.
(c) Unless you cancel your Paid Subscription before the end
of the current billing period, it will automatically renew
for successive billing periods of the same duration and
the applicable Subscription Fees will continue to be
charged through the payment provider you used to
subscribe.
(d) You must cancel your Paid Subscription through the
Apple App Store, Google Play Store or other payment
provider through which you subscribed. Cancellation
will take effect at the end of the current billing period,
and you may continue to use the benefits of your Paid
Subscription until that time.
(e) Closing your Account does not necessarily cancel a Paid
Subscription managed by a third-party payment
provider. You remain responsible for cancelling the Paid
Subscription through that provider.
(f) We may change the Subscription Fees or features of a
Paid Subscription by giving you reasonable advance
notice through the App, by email or through the relevant
payment provider before the change takes effect. Any
fee increase or material reduction in features will apply
only from the next renewal, and you may cancel before
that renewal without incurring the changed fee; if a
material reduction takes effect during a prepaid billing
period, we will provide a pro rata refund for the affected
unused portion where the Subscription Fees were paid
directly to us.
4 THE APP AND SERVICES
4.1 SCOPE OF THE SERVICES
(a) We provide the App and the features made available
through your Plan, which may include:
(i) recording voice notes;
(ii) converting voice recordings into transcripts;
(iii) generating summaries, tasks, reminders and
goals from transcripts using automated and
artificial intelligence technologies;
(iv) allowing you to review, edit, organise, delete,
export or share content created through the
App;
(v) optionally writing task events to your device
calendar or, where enabled by you, your Apple
or Google calendar, without storing your
calendar on our servers; and
(vi) other features described in the App or on the
Website from time to time.
(b) The features, functionality, limits and availability of the
Services may vary depending on whether you use the Free Plan
or a Paid Subscription.
(c) We may introduce, modify, suspend or discontinue
features of the App from time to time. Where a change
materially reduces the core functionality of a Paid Subscription,
we will give you reasonable advance notice unless urgent
action is required for security, legal or operational reasons, and
you may cancel the Paid Subscription and receive a pro rata
refund for the affected unused portion of any Subscription Fees
paid directly to us.
4.2 ACCOUNTS
(a) You must create an Account to access and use the App.
(b) You may create and authenticate your Account using
email and password, Google Sign-In or Apple Sign-In, and we
do not collect or store payment card details.
(c) You represent and warrant that all information you
provide to us is accurate, complete, current and not misleading.
(d) You must keep your Account information up to date and
maintain the confidentiality and security of your login details.
(e) You must not share your Account with another person or
allow another person to access the App using your login
details.
(f) You must notify us promptly if you become aware of any
unauthorised access to or use of your Account or any other
security incident affecting your Account.
(g) We may refuse to create an Account, or suspend or
terminate an Account, where permitted under these Terms.
4.3 AI-GENERATED OUTPUTS AND REMINDERS
(a) The App uses automated systems and artificial
intelligence technologies to process voice recordings and
transcripts and generate summaries, tasks, reminders, goals
and other outputs.
(b) AI-generated outputs may be incomplete, inaccurate,
delayed, misleading or unsuitable for your circumstances. You
are responsible for reviewing and verifying all transcripts,
summaries, tasks, reminders, dates, goals and other outputs
before relying on or acting on them.
(c) The App is intended to assist with personal organisation
only. It does not provide legal, financial, medical, psychological,
therapeutic or other professional advice and must not be relied
on as a substitute for professional advice.
(d) You remain responsible for independently checking all
important appointments, deadlines, tasks, instructions and
information. We do not guarantee that any reminder,
notification, calendar entry or other communication will be
delivered, received or accurate.
(e) You must not use the App for emergency
communications, urgent medical matters or any purpose where
an error, delay or failure could result in death, personal injury,
financial loss or other serious harm.
4.4 LICENCE TO USE THE APP
(a) While these Terms remain in effect, we grant you a
limited, non-exclusive, non-transferable, non-sublicensable and
revocable licence to access and use the App and Services for
your own personal or internal business purposes in accordance
with these Terms.
(b) The licence granted to you does not transfer ownership
of the App, its software or any content owned or licensed by us.
4.5 UPDATES AND AVAILABILITY
(a) We may release updates, upgrades, fixes, improvements
or new versions of the App from time to time.
(b) You may be required to install updates to continue using
some or all of the Services.
(c) The App may be unavailable or experience errors,
interruptions, delays or reduced functionality due to
maintenance, updates, technical issues, third-party services or
events outside our reasonable control.
(d) We do not guarantee that the App or any particular
feature will always be available, uninterrupted, secure or
error-free.
4.6 SUPPORT
(a) We will provide reasonable general support for technical
issues relating to the App.
(b) Unless otherwise stated in the App or on the Website:
(i) support is provided through the contact
method made available in the App or on the
Website;
(ii) support is not available continuously or within
any guaranteed response time;
(iii) you must first take reasonable steps to resolve
the issue, including installing available updates
and following any troubleshooting instructions
we provide;
(iv) we are not responsible for issues caused by
your device, internet connection, operating
system, third-party service, misuse of the App or
failure to follow our instructions; and
(v) support does not include professional advice,
data recovery guarantees or assistance with
third-party products or services.
5 DATA HOSTING
(a) Account data, voice recordings, transcripts,
AI-generated summaries and tasks are stored on Bobble’s AWS
infrastructure in the United States using MongoDB and Amazon
S3; voice recordings and related User Data are provided to
AssemblyAI for voice transcription, and User Data required for
requested AI functionality is provided to OpenAI for AI
processing, in each case under the applicable provider
arrangements and terms.
(b) You acknowledge and agree that:
(i) User Data is stored on Bobble’s AWS
infrastructure in the United States using
MongoDB and Amazon S3 and may be
processed in other locations under the
applicable arrangements and terms of
AssemblyAI and OpenAI;
(ii) account data, transcripts, AI-generated
summaries and tasks are stored in MongoDB,
and voice recordings are stored in Amazon S3;
(iii) we will take reasonable steps to select
reputable service providers and require them to
handle User Data in accordance with applicable
privacy and data protection laws;
(iv) cloud hosting and third-party services may
experience errors, outages, delays, security
incidents or other interruptions, and we do not
guarantee that User Data will always be available
or free from loss or corruption; and
(v) despite the security measures used by us and
our service providers, no system is completely
secure and we cannot guarantee that User Data
will never be accessed, used, altered, disclosed,
destroyed or lost without authorisation.
(c) We may maintain backups of User Data for service
continuity, disaster recovery, security and legal compliance
purposes. Backups may not be created continuously, may not
contain the most recent version of User Data and may not be
capable of restoring all User Data.
(d) You are responsible for exporting or retaining copies of
any User Data that is important to you. The App must not be
used as the sole storage location for information that cannot be
replaced.
(e) User Data is available through the authenticated user’s
Account, and Bobble does not have an admin interface for
routinely browsing User Data; further information about our
service providers, overseas disclosures, security practices,
retention periods and handling of personal information is set
out in our Privacy Policy.
6 USER OBLIGATIONS
(a) You must:
(i) use the App and Services only for lawful
personal or internal business purposes and in
accordance with these Terms;
(ii) provide information that is accurate, complete,
current and not misleading;
(iii) ensure that you have all rights, permissions
and consents required to record, upload,
transcribe, use, share or otherwise process any
voice recording, transcript, text or other content
through the App;
(iv) obtain the informed consent of each person
whose voice, personal information or
confidential information is recorded or uploaded
through the App, where required by applicable
law;
(v) review and verify all transcripts, summaries,
tasks, reminders, goals, dates and other outputs
before relying on or sharing them;
(vi) maintain appropriate copies of any User Data
that is important to you;
(vii) keep your Account and login details secure;
and
(viii) notify us promptly if you become aware of any
unauthorised access, security issue, misuse,
error or difficulty affecting your Account or the
App.
(b) You are responsible for all activity conducted through
your Account, except to the extent that the activity results from
our breach of these Terms or failure to take reasonable security
measures.
6.2 USER CONTENT
(a) You represent and warrant that:
(i) you own, or have all necessary rights and
permissions to use and provide, all voice
recordings, transcripts, text, files, information
and other content you submit to or create
through the App;
(ii) your User Data and our authorised use of it will
not infringe any person’s privacy, confidentiality,
intellectual property or other rights;
(iii) your recording or collection of another
person’s voice, conversation or personal
information complies with all applicable laws;
and
(iv) your User Data is not unlawful, misleading,
defamatory, harmful or otherwise prohibited
under these Terms.
(b) You remain responsible for your User Data and for any
decision to export, publish, disclose or share it with another
person or through a third-party service.
6.3 PROHIBITED CONDUCT
You must not, and must not assist, encourage or permit another person
to:
(a) use the App for any unlawful, fraudulent, deceptive,
harmful or unauthorised purpose;
(b) record, monitor or transcribe another person without
any consent required by applicable law;
(c) upload, generate, store or share content that is
abusive, threatening, harassing, discriminatory, defamatory,
obscene, sexually exploitative or otherwise unlawful;
(d) upload or distribute malware, viruses, ransomware,
malicious code or any material intended to damage, disrupt or
compromise a device, network, system or service;
(e) infringe or misappropriate another person’s
intellectual property, privacy, confidentiality or other rights;
(f) impersonate another person or misrepresent your
identity, authority or affiliation;
(g) access, collect or use another person’s Account,
login details or User Data without authorisation;
(h) share, sell, transfer or make your Account available
to another person;
(i) copy, reproduce, modify, adapt, translate, distribute,
sell, licence or commercially exploit the App or any part of it,
except as expressly permitted by these Terms or applicable law;
(j) reverse engineer, decompile, disassemble or attempt
to discover the source code, models, algorithms or underlying
components of the App, except to the extent that applicable law
prevents us from restricting that activity;
(k) circumvent or interfere with any security, access
control, usage limit or technological protection measure;
(l) use automated systems, bots, scrapers or similar
tools to access or extract data from the App without our prior
written consent;
(m) test, probe or attempt to compromise the
vulnerability, security or integrity of the App or any connected
system;
(n) use the App in a way that places an unreasonable
load on, disrupts or interferes with the App, Services or another
user’s access;
(o) use the App or any output to develop, train or
improve a competing artificial intelligence model, application or
service without our prior written consent;
(p) use the App to make decisions that have legal or
similarly significant effects on another person without
appropriate human review and any consent or authority
required by law; or
(q) use the App for emergency communications or in any
situation where an error, delay or failure could reasonably result
in death, personal injury or serious harm.
6.4 THIRD-PARTY ACCOUNTS AND INTEGRATIONS
(a) You must not provide us with passwords or login details
for a third-party account unless the App expressly requests
them through an approved integration process.
(b) Where you connect the App with a third-party service,
you authorise the App to access, receive, use and disclose
information through that connection to the extent necessary to
provide the requested functionality.
(c) You are responsible for:
(i) ensuring that you are authorised to connect
and use the third-party account;
(ii) reviewing the information that will be shared
through the integration;
(iii) configuring the privacy and access settings of
the third-party service; and
(iv) complying with the terms and policies of the
third-party service.
6.5 SUSPENSION AND ENFORCEMENT
(a) We may investigate suspected misuse of the App and
may remove or restrict access to User Data, suspend
functionality or suspend or terminate your Account where we
reasonably consider that:
(i) you have breached these Terms;
(ii) your conduct creates a security, legal or
operational risk;
(iii) your use may harm another person, us or the
App;
(iv) we are required to do so by law, a regulator, a
court, an app store or a service provider; or
(v) immediate action is reasonably necessary to
prevent or limit harm.
(b) Where reasonably practicable, we will notify you of the
action and give you an opportunity to address the issue, unless
doing so would create further risk, prejudice an investigation or
prevent us from complying with law.
7 FEES AND PAYMENT
7.1 FREE PLAN
The Free Plan is available without Subscription Fees and may have
different features, functionality or usage limits if Paid Subscriptions are
introduced.
7.2 FREE TRIALS
(a) If Paid Subscriptions are introduced, we may offer a free
or discounted trial from time to time.
(b) The duration, eligibility requirements and other
conditions of a trial will be disclosed before you begin the trial.
(c) Unless otherwise disclosed at the time of purchase, a
trial will automatically convert to a Paid Subscription at the end
of the trial period and the applicable Subscription Fees will be
charged to your selected payment method unless you cancel
before the trial ends.
(d) You may be ineligible for a trial if you have previously
received a trial or promotional offer for the same Paid
Subscription.
7.3 SUBSCRIPTION FEES
(a) If Paid Subscriptions are introduced, their fees, billing
period, features and any applicable taxes will be displayed and
processed through the Apple App Store or Google Play Store
before you complete your purchase (Subscription Fees).
(b) Subscription Fees are payable in advance at the
beginning of each billing period.
(c) Unless required by applicable law or permitted under the
refund terms of the payment provider through which you
subscribed, Subscription Fees are non-refundable for change of
mind, failure to use the App or cancellation during a billing
period.
7.4 AUTOMATIC RENEWAL
(a) A Paid Subscription will automatically renew for
successive billing periods unless you cancel it before the end
of the current billing period.
(b) By purchasing a Paid Subscription, you authorise the
relevant payment provider to charge the applicable
Subscription Fees and taxes to your selected payment method
at the beginning of each billing period until the Paid
Subscription is cancelled.
(c) You are responsible for cancelling your Paid
Subscription through the Apple App Store, Google Play Store or
other payment provider through which you subscribed.
(d) Cancellation takes effect at the end of the current billing
period and does not entitle you to a refund for any unused
portion of that period, except where required by applicable law
or allowed by the relevant payment provider.
(e) Closing or deleting your Account does not automatically
cancel a Paid Subscription managed by a third-party payment
provider.
7.5 CHANGES TO SUBSCRIPTION FEES
(a) We may change the Subscription Fees for a Paid
Subscription from time to time.
(b) We or the relevant payment provider will give you notice
of a fee change before it takes effect, in accordance with
applicable law and the payment provider’s requirements.
(c) A fee change will apply from the next renewal occurring
after the required notice has been given.
(d) If you do not agree to the fee change, you may cancel
your Paid Subscription before the change takes effect.
7.6 PAYMENT PROCESSING
(a) If Paid Subscriptions are introduced, payments will be
processed by Apple through the Apple App Store or by Google
through the Google Play Store, as applicable.
(b) Payment processing is subject to the terms, conditions
and privacy policy of the payment provider through which you
subscribe.
(c) We do not collect or store payment card details; Apple or
Google, as applicable, handles billing, refunds and subscription
management under the terms of the Apple App Store or Google
Play Store.
(d) To the extent permitted by law, we are not responsible
for a payment provider’s act, omission, delay, error, outage or
refusal to process a payment.
(e) We may correct, or request that a payment provider
correct, any error in the calculation or processing of
Subscription Fees.
(f) You must provide accurate and current payment
information and ensure that you are authorised to use the
selected payment method.
7.7 FAILED PAYMENTS
(a) If a payment is declined, reversed, disputed or otherwise
unsuccessful, we or the relevant payment provider may:
(i) attempt to process the payment again;
(ii) request that you update your payment
information;
(iii) restrict or suspend access to the features of
your Paid Subscription; or
(iv) change your Account to the Free Plan.
(b) Any restriction, suspension or change to the Free Plan
does not affect amounts already due or any rights available to
you under applicable law.
7.8 TAXES AND CHARGES
(a) Subscription Fees may include or exclude goods and
services tax, value-added tax, sales tax or similar taxes
depending on your location and the payment provider through
which you subscribe.
(b) The total amount payable, including any applicable
taxes, will be displayed before you complete your purchase or
on the receipt issued by the relevant payment provider.
(c) Any currency conversion fees, foreign transaction fees,
bank charges or other charges imposed by your financial
institution or payment provider are your responsibility.
7.9 REFUNDS
(a) Refund requests for purchases made through the Apple
App Store or Google Play Store must be submitted to and will
be determined by the relevant app store in accordance with its
refund rules.
(b) We do not accept direct purchases, and billing, refund
requests and subscription management are handled by Apple
through the Apple App Store or Google through the Google
Play Store, as applicable.
(c) Nothing in these Terms excludes, restricts or modifies
any refund, remedy or other right that cannot lawfully be
excluded, restricted or modified.
8 INTELLECTUAL PROPERTY AND DATA
8.1 OUR INTELLECTUAL PROPERTY
(a) We own or license all Intellectual Property Rights in the
App and Services, including the software, source code, object
code, artificial intelligence systems, algorithms, models,
interfaces, designs, text, graphics, logos, icons, audio, images,
databases, documentation and other materials made available
by us through the App (App Content).
(b) Except for the limited licence expressly granted under
these Terms, no right, title or interest in the App, Services or
App Content is transferred to you.
(c) You must not use, reproduce, modify, distribute, publish,
sell, license or otherwise exploit any App Content except as
permitted by these Terms or applicable law.
8.2 YOUR USER DATA
(a) As between you and us, you retain ownership of all
Intellectual Property Rights you hold in the voice recordings,
transcripts, text, files, information and other content you submit
to or create through the App (User Data).
(b) You grant us and our service providers a non-exclusive,
worldwide, royalty-free licence to host, store, copy, transmit,
process, modify, reproduce and otherwise use User Data to the
extent reasonably necessary to:
(i) provide, maintain, secure and support the App
and Services;
(ii) record and transcribe voice notes;
(iii) generate summaries, tasks, reminders, goals
and other requested outputs;
(iv) enable you to review, edit, organise, export,
delete and share User Data;
(v) operate integrations that you choose to
connect;
(vi) prevent fraud, misuse and security incidents;
(vii) comply with applicable law and enforce these
Terms; and
(viii) carry out any other purpose described in our
Privacy Policy for which we have a lawful basis and,
where required, your consent.
(c) The licence relating to identifiable User Data continues
only for as long as reasonably necessary to provide the
Services, comply with applicable law, resolve disputes, enforce
our rights or complete deletion from active systems and
backups in accordance with our Privacy Policy.
(d) You represent and warrant that you have all rights,
permissions and consents required to provide User Data to us
and permit us to use it as described in these Terms and our
Privacy Policy.
8.3 VOICE RECORDINGS AND TRANSCRIPTS
(a) Voice recordings and database records may be retained
for different periods. Deleting User Data or your Account
deletes the associated database records, but audio files are not
currently deleted from Amazon S3.
(b) Deleting an original voice recording may be permanent
and may prevent us from regenerating or verifying the
corresponding transcript or other outputs.
(c) Further information about the retention and deletion of
voice recordings, transcripts and other personal information is
set out in our Privacy Policy.
8.4 AI TRAINING AND SERVICE IMPROVEMENT
(a) User Data is provided to AssemblyAI for voice
transcription and to OpenAI for requested AI processing under
the applicable provider arrangements and terms; Bobble does
not currently use User Data for its own AI model training.
(b) Where applicable law requires your consent for that use,
we will request consent separately and provide any withdrawal
or opt-out rights required by law.
(c) Withdrawing consent will not affect processing that was
lawful before the withdrawal and may not require us to remove
information that has already been irreversibly de-identified or
incorporated into aggregated statistical results that no longer
identify you.
8.5 DE-IDENTIFIED AND AGGREGATED DATA
(a) We may create statistical, aggregated or de-identified
information from User Data where we take reasonable steps to
ensure that the information no longer identifies you and is not
reasonably capable of being used to re-identify you
(De-identified Data).
(b) To the extent permitted by applicable law, we may use,
disclose, license, commercialise and retain De-identified Data
for purposes including:
(i) operating, analysing, testing and improving the
App and Services;
(ii) developing and training artificial intelligence
and transcription technologies;
(iii) conducting internal service-performance
analysis if and when that functionality is implemented;
(iv) developing new products, services and
features;
(v) measuring App performance if and when that
functionality is implemented; and
(vi) supporting a financing, investment, merger,
acquisition, restructure or sale of all or part of our
business.
(c) We will not represent identifiable User Data as
De-identified Data or attempt to re-identify De-identified Data
except where reasonably necessary to test the effectiveness of
our de-identification measures or where permitted by law.
Production API traffic currently uses HTTP rather than HTTPS,
so it should not be assumed to be encrypted in transit;
transport security may vary by connection and provider.
8.6 APP-GENERATED OUTPUTS
(a) Subject to our ownership of the App, App Content,
underlying technologies and any third-party materials, you may
use, edit, export and share transcripts, summaries, tasks,
reminders, goals and other outputs generated for you through
the App for your personal or internal business purposes.
(b) Due to the nature of artificial intelligence and automated
systems:
(i) similar or identical outputs may be generated
for other users;
(ii) outputs may not be unique;
(iii) we do not guarantee that any output is eligible
for intellectual property protection; and
(iv) your use of an output remains subject to these
Terms, applicable law and the rights of other persons.
8.7 FEEDBACK
If you voluntarily provide suggestions, ideas, comments or other
feedback about the App or Services, you grant us a perpetual,
worldwide, royalty-free and transferable licence to use, reproduce,
modify and commercialise that feedback without compensation to you,
but we will not publicly identify you as the source without your
consent.
8.8 REMOVAL OF USER DATA
(a) We may restrict access to, remove or delete User Data
where we reasonably consider that it:
(i) breaches these Terms or applicable law;
(ii) infringes another person’s rights;
(iii) creates a privacy, security, legal or operational
risk;
(iv) is harmful, unlawful or otherwise prohibited; or
(v) must be removed at the request of a court,
regulator, app store or service provider.
(b) Where reasonably practicable, we will notify you before
or promptly after removing User Data, unless notice would be
unlawful, compromise security, prejudice an investigation or
expose any person to harm.
8.9 ACCOUNT DELETION
(a) You may delete individual User Data or request deletion
of your Account using the functionality made available through
the App.
(b) Following an Account deletion request, we will delete the
Account’s associated database records within 30 days, subject
to any retention required or permitted by applicable law;
however, audio files are not currently deleted from Amazon S3
and may remain stored after Account deletion.
(c) Deleting your Account does not require us to delete
De-identified Data that can no longer reasonably be linked to
you.
(d) Further information about how we collect, use, disclose,
retain and delete personal information is set out in our Privacy
Policy.
9 THIRD-PARTY SERVICES AND INTEGRATIONS
9.1 THIRD-PARTY SERVICES
(a) We may rely on third-party platforms, software,
infrastructure and service providers to operate and provide the
App and Services, including:
(i) Apple for Apple Sign-In, Apple App Store
distribution and, if Paid Subscriptions are introduced,
billing, refunds and subscription management through
the Apple App Store, and Google for Google Sign-In,
Google Play Store distribution and, if Paid
Subscriptions are introduced, billing, refunds and
subscription management through the Google Play
Store;
(ii) AWS for United States cloud infrastructure,
with account data, transcripts, AI-generated summaries
and tasks stored using MongoDB and voice recordings
stored using Amazon S3;
(iii) AssemblyAI for voice transcription and OpenAI
for AI processing, with relevant User Data provided to
each under the applicable provider arrangements and
terms;
(iv) the user’s device calendar and, where
optionally enabled, the user’s Apple or Google calendar,
to which the App writes task events without storing the
user’s calendar on Bobble’s servers;
(v) Expo Push for push notifications; and
(vi) other service providers described in the App,
on the Website or in our Privacy Policy.
(b) Your use of a third-party service may be subject to that
provider’s terms, privacy policy, eligibility requirements,
technical limitations and charges.
(c) You are responsible for reviewing and complying with
any third-party terms that apply to a service you choose to use
or connect with the App.
(d) We may add, replace or discontinue a third-party
provider or integration from time to time. If a change materially
reduces the core functionality of a Paid Subscription, we will
give you reasonable advance notice unless urgent action is
required for security, legal or operational reasons, and you may
cancel and receive a pro rata refund for the affected unused
portion of any Subscription Fees paid directly to us.
9.2 THIRD-PARTY INTEGRATIONS
(a) The App may allow you to connect your Account or User
Data with third-party services.
(b) By enabling an integration, you authorise us and the
relevant third-party provider to access, exchange, process and
store information to the extent reasonably necessary to provide
the functionality you request.
(c) You are responsible for:
(i) ensuring that you are authorised to connect
and use the third-party account;
(ii) selecting the User Data that you choose to
export, import or share;
(iii) reviewing and configuring the privacy, access
and sharing settings of the third-party service;
(iv) maintaining the security of your third-party
account; and
(v) disconnecting the integration if you no longer
want information to be exchanged.
(d) We do not control and are not responsible for a
third-party service’s use, disclosure, retention, deletion or
security of information after that information has been
transferred to the third-party service at your request.
9.3 THIRD-PARTY AVAILABILITY AND PERFORMANCE
(a) Third-party services may be changed, suspended,
restricted or discontinued by their providers without our
control.
(b) To the extent permitted by law, we do not guarantee that:
(i) a third-party service or integration will remain
available or compatible with the App;
(ii) information transferred through an integration
will be complete, accurate, timely or successfully
delivered;
(iii) a third-party provider will perform its services
without errors, outages, delays or security incidents; or
(iv) a third-party provider will retain, restore or
delete information in accordance with your
expectations.
(c) We are not responsible for any failure, delay, loss or
damage to the extent caused or contributed to by:
(i) a third-party service or provider;
(ii) your third-party account, settings or
instructions;
(iii) your failure to comply with applicable
third-party terms; or
(iv) an event outside our reasonable control.
(d) Nothing in this section excludes, restricts or modifies
any right or remedy that cannot lawfully be excluded, restricted
or modified.
9.4 CHANGES OR UNAUTHORISED INTEGRATIONS
(a) You must not modify the App, add software or code to it,
access it through an unauthorised interface or connect it with a
third-party service except through functionality or instructions
approved by us.
(b) If you use an unauthorised integration or make an
unauthorised change:
(i) you acknowledge that it may impair the
security, availability or functionality of the App;
(ii) we may require you to stop using or remove
the integration or change;
(iii) we may suspend affected functionality or your
Account where reasonably necessary to protect the
App, another person or our systems; and
(iv) we are not responsible for any failure, loss or
damage to the extent caused or contributed to by the
unauthorised integration or change.
9.5 APP STORE TERMS
(a) If you download the App through the Apple App Store or
Google Play Store, you acknowledge and agree that:
(b) these Terms are between you and us and not between
you and Apple or Google;
(c) Apple and Google are not responsible for the App,
the Services, maintenance, support or any claim relating to the
App, except to the extent required under their applicable terms;
(d) your use of the App must comply with the applicable
app store terms and any other third-party terms that apply to
your device or use of the App;
(e) you represent that you are not located in a country or
region subject to an applicable government embargo and are
not prohibited from receiving or using the App under applicable
trade or sanctions laws;
(f) Apple and Google and their respective subsidiaries
may be third-party beneficiaries of the provisions of these
Terms that relate to their services and may enforce those
provisions against you; and
(g) nothing in this section limits any responsibility that
we cannot lawfully exclude or transfer to an app store.
(h) If the App fails to comply with an applicable warranty
that cannot lawfully be excluded, you may notify the relevant
app store and it may provide any remedy required under its
applicable terms. To the maximum extent permitted by law, the
app store has no other warranty obligation concerning the App.
(i) We, rather than Apple or Google, are responsible for
addressing claims concerning the App, including claims
relating to product liability, legal or regulatory compliance,
consumer protection and alleged infringement of third-party
Intellectual Property Rights, except to the extent another
allocation of responsibility is required by applicable law or the
relevant app store terms.
10 CONFIDENTIALITY
(a) Each party must keep confidential and must not use or
disclose any Confidential Information of the other party except:
(i) to exercise its rights or perform its obligations
under these Terms;
(ii) with the prior written consent of the party that
disclosed the Confidential Information;
(iii) to its Personnel and service providers who
need the information for a permitted purpose and are
subject to confidentiality obligations;
(iv) as required by applicable law, a court,
regulator or government authority; or
(v) where the information is already lawfully
known, becomes public other than through a breach of
confidentiality, or is independently developed without
use of the other party’s Confidential Information.
(b) You must not use or disclose any confidential or
personal information relating to another person that you record,
upload, receive or generate through the App unless you have
that person’s authority and comply with applicable law.
(c) Each party must take reasonable steps to protect the
other party’s Confidential Information from unauthorised
access, use, loss or disclosure.
(d) If a party becomes aware of an actual or suspected
unauthorised access to, use or disclosure of the other party’s
Confidential Information, it must:
(i) notify the other party promptly where required
by applicable law or where reasonably necessary to
reduce material harm;
(ii) take reasonable steps to contain, investigate
and remediate the incident; and
(iii) reasonably cooperate with the other party in
responding to the incident.
(e) Our collection, use, disclosure, storage and protection of
personal information and User Data is also governed by our
Privacy Policy and the privacy and data provisions of these
Terms.
11 PRIVACY
(a) We collect, use, disclose, store and otherwise handle
personal information in connection with the App and Services
in accordance with our Privacy Policy, available at [insert URL].
(b) Our Privacy Policy explains, among other things:
(i) the types of personal information and User
Data we collect;
(ii) how we collect, use and disclose that
information;
(iii) how voice recordings, transcripts and
AI-generated outputs are processed;
(iv) how information is provided to AssemblyAI for
voice transcription and OpenAI for AI processing under
the applicable provider arrangements and terms, and
how any future analytics or service-improvement
functionality would use information if implemented;
(v) the third-party service providers we use;
(vi) the countries in which information may be
stored or processed;
(vii) how long information may be retained;
(viii) how you may access, correct, export or
request deletion of your information;
(ix) the privacy rights and choices available to you;
and
(x) how to make a privacy complaint or contact us
about privacy matters.
(c) By creating an Account or using the App, you
acknowledge that we will handle personal information as
described in our Privacy Policy.
(d) Where applicable law requires consent for a particular
collection, use or disclosure of personal information, we will
seek that consent separately.
(e) You must not provide us with another person’s personal
information, voice recording or confidential information unless
you have all rights, permissions and consents required by
applicable law.
(f) If there is any inconsistency between these Terms and
our Privacy Policy concerning the handling of personal
information, the Privacy Policy will apply to the extent of the
inconsistency, except where these Terms impose a higher
standard or applicable law requires otherwise.
12 LIABILITY
12.1 CONSUMER RIGHTS
(a) Nothing in these Terms excludes, restricts or modifies
any consumer guarantee, right, remedy or liability that cannot
lawfully be excluded, restricted or modified, including under the
Australian Consumer Law.
(b) Where the Australian Consumer Law applies, our
Services come with guarantees that cannot be excluded. You
may be entitled to cancel the Services, receive a refund for an
unused portion or reduced value of the Services, and receive
compensation for reasonably foreseeable loss or damage
where those guarantees are not met.
12.2 WARRANTIES AND SERVICE LIMITATIONS
(a) We will provide the App and Services with due care and
skill and in accordance with any consumer guarantees or other
obligations that cannot lawfully be excluded.
(b) Except for any rights or guarantees that cannot lawfully
be excluded, the App and Services are provided on an “as
available” basis and we do not represent or warrant that:
(i) the App or Services will always be available,
uninterrupted, secure or free from errors, defects,
delays or harmful components;
(ii) voice recordings will always be successfully
captured, retained or deleted within a particular period;
(iii) transcripts, summaries, tasks, reminders,
goals, dates or other outputs will be complete, accurate,
unique, timely or suitable for your circumstances;
(iv) notifications, reminders, calendar entries,
exports, messages or information will be delivered,
received or acted on;
(v) the App will be compatible with every device,
operating system, network, third-party service or
integration;
(vi) User Data will never be lost, corrupted,
accessed or disclosed without authorisation; or
(vii) the App or Services will meet every
requirement or achieve any particular result.
(c) We may take reasonable steps to investigate and correct
a material error or defect that you report to us, but we do not
guarantee that every error or defect can or will be corrected.
12.3 YOUR RESPONSIBILITY
You are responsible for:
(a) reviewing and verifying all transcripts, summaries,
tasks, reminders, goals, dates and other outputs before relying
on, using or sharing them;
(b) independently checking important appointments,
deadlines, instructions and information;
(c) seeking appropriate professional advice where
required;
(d) maintaining copies of User Data that is important to
you; and
(e) any decision, action or omission based on your use
of the App, except to the extent caused by our breach of these
Terms or applicable law.
12.4 EXCLUSION OF CERTAIN LOSS
(a) To the maximum extent permitted by law, neither party is
liable to the other for any indirect, incidental, special or
consequential loss arising out of or in connection with these
Terms, the App or the Services.
(b) To the maximum extent permitted by law, we are not
liable for any loss of profit, revenue, business, opportunity,
goodwill, anticipated savings or data, except to the extent that
the loss:
(i) is a reasonably foreseeable result of our failure
to comply with a consumer guarantee or other
obligation that cannot lawfully be excluded;
(ii) arises from our fraud or wilful misconduct;
(iii) results in death or personal injury caused by
our negligence; or
(iv) cannot lawfully be excluded or limited.
(c) The description or categorisation of a loss does not
exclude that loss where it is reasonably foreseeable and
recoverable under the Australian Consumer Law or another
applicable law.
12.5 LIMITATION OF LIABILITY
(a) Subject to the exclusions below and to the maximum
extent permitted by law, our total aggregate liability arising out
of or in connection with these Terms, the App or the Services is
limited to the greater of:
(i) the total Subscription Fees paid by you during
the 12 months immediately before the event giving rise
to the liability; and
(ii) AUD $500.
(iii) The limitation of liability does not apply to
liability:
(iv) for fraud or wilful misconduct;
(v) for death or personal injury caused by our
negligence;
(vi) under a consumer guarantee or other right or
remedy that cannot lawfully be excluded or limited; or
(vii) to the extent that applying the limitation would
be unlawful.
(b) Where the law permits us to limit our liability for a failure
to comply with a consumer guarantee, our liability is limited, at
our option, to resupplying the affected Services or paying the
reasonable cost of having the affected Services supplied again.
12.6 USER LIABILITY
(a) You are responsible for loss or damage suffered by us to
the extent directly caused by:
(i) your unlawful or fraudulent use of the App;
(ii) your material breach of these Terms;
(iii) your infringement of another person’s
Intellectual Property Rights, privacy, confidentiality or
other rights;
(iv) your recording, uploading, disclosure or use of
another person’s voice, personal information or
confidential information without any authority or
consent required by law; or
(v) User Data that you did not have the right to
provide or permit us to process.
(b) You are not liable to the extent that the loss or damage
was caused or contributed to by our breach of these Terms,
negligence, fraud, wilful misconduct or failure to comply with
applicable law.
(c) You indemnify us against any loss, liability, damage, cost
or reasonable legal expense arising from a third-party claim to
the extent that the claim results from:
(d) your recording, uploading, use or disclosure of
another person’s voice, personal information or confidential
information without the authority or consent required by law;
(e) User Data that infringes another person’s Intellectual
Property Rights, privacy, confidentiality or other rights; or
(f) your unlawful or fraudulent use of the App.
(g) Your liability under this indemnity will be reduced to the
extent that our breach of these Terms, negligence, fraud, wilful
misconduct or failure to comply with applicable law caused or
contributed to the relevant loss.
12.7 APPLICATION OF LIMITATIONS
(a) Each exclusion or limitation in this section applies only
to the maximum extent permitted by applicable law.
(b) The limitations in this section apply whether liability
arises in contract, tort, negligence, statute, equity or otherwise.
(c) Nothing in this section limits any obligation to pay
Subscription Fees or other amounts properly due under these
Terms.
13 CHANGING YOUR PLAN
(a) You may change between the Free Plan and a Paid
Subscription, or between available Paid Subscription options,
through the Apple App Store, Google Play Store or other
payment provider through which you subscribed.
(b) An upgrade may take effect immediately or from the start
of the next billing period, depending on the relevant payment
provider’s rules. Any additional Subscription Fees, credits or
adjustments will be calculated and charged by that payment
provider.
(c) A downgrade or change from a Paid Subscription to the
Free Plan will generally take effect at the end of the current
billing period. You may continue to use the features of your
existing Paid Subscription until that time.
(d) Changing your Plan may reduce or remove access to
certain features, functionality, storage limits, integrations or
other benefits.
(e) Before changing your Plan, you are responsible for
exporting or retaining copies of any User Data that may be
affected by the change.
(f) We will not delete identifiable User Data solely because
you downgrade your Plan unless:
(i) you request deletion;
(ii) the applicable retention period expires;
(iii) deletion is required under these Terms or our
Privacy Policy; or
(iv) retaining the User Data is no longer reasonably
necessary or permitted by law.
(g) We are not responsible for any loss of functionality,
access or capacity resulting from a Plan change that you
requested, except to the extent caused by our breach of these
Terms or applicable law.
(h) Any refund, credit, pro-rating or billing adjustment
relating to a Plan change is subject to applicable law and the
rules of the payment provider through which you subscribed.
14 CANCELLATION AND TERMINATION
14.1 CANCELLING A PAID SUBSCRIPTION
(a) You may cancel a Paid Subscription at any time through
the Apple App Store, Google Play Store or other payment
provider through which you subscribed.
(b) Cancellation will take effect at the end of the current
billing period unless applicable law or the relevant payment
provider allows an earlier cancellation.
(c) You may continue to access the benefits of your Paid
Subscription until the cancellation takes effect.
(d) Cancelling a Paid Subscription does not automatically
delete your Account or User Data. Unless you delete your
Account, your Account may remain active on the Free Plan.
(e) Deleting your Account does not automatically cancel a
Paid Subscription managed by a third-party payment provider.
You remain responsible for cancelling the Paid Subscription
through that provider.
14.2 CLOSING YOUR ACCOUNT
(a) You may request deletion of your Account using the
functionality made available through the App or by contacting
us using the details in the App or on the Website.
(b) Before deleting your Account, you are responsible for
exporting or retaining copies of any User Data that you wish to
keep.
(c) Once your Account is deleted, you may lose access to
the App, Services and User Data associated with the Account.
14.3 TERMINATION BY US
(a) We may suspend or terminate your Account, access to
the App or Paid Subscription where we reasonably consider
that:
(i) you have materially or repeatedly breached
these Terms;
(ii) you have failed to remedy a breach within a
reasonable period after receiving notice from us;
(iii) your use of the App is unlawful, fraudulent,
abusive or harmful;
(iv) your conduct creates a material privacy,
security, legal or operational risk;
(v) you have failed to pay Subscription Fees when
due;
(vi) we are required to do so by law, a court,
regulator, government authority, app store or service
provider; or
(vii) continuing to provide the App or Services is no
longer reasonably practicable for legitimate legal,
security, technical or commercial reasons, after we have
given reasonable notice where practicable.
(b) Where the breach or risk can reasonably be remedied,
we will ordinarily give you notice and a reasonable opportunity
to remedy it before termination.
(c) We may suspend or terminate access immediately where
urgent action is reasonably necessary to prevent or limit harm,
protect the App or another person, comply with law or respond
to fraud, misuse or a security incident.
14.4 DISCONTINUATION OF THE APP
(a) We may discontinue the App or a Paid Subscription for
legitimate legal, security, technical or commercial reasons by
giving you reasonable advance notice, unless urgent action is
required by law or to address a material security risk.
(b) If we discontinue a Paid Subscription before the end of a
billing period for reasons not caused by your breach, we will
provide a pro rata refund for the unused portion of Subscription
Fees paid directly to us, in addition to any refund or remedy
required by applicable law.
(c) Where your purchase was made through the Apple App
Store, Google Play Store or another payment provider, any
refund will be subject to that provider’s procedures and
applicable law.
14.5 EFFECT OF CANCELLATION OR TERMINATION
(a) When your Paid Subscription ends:
(i) your Account may revert to the Free Plan;
(ii) you will lose access to features and benefits
available only under the Paid Subscription; and
(iii) no further Subscription Fees will be charged
after the cancellation takes effect, except for amounts
already due.
(b) When your Account is terminated or deleted:
(i) your licence to use the App and Services ends;
(ii) you must stop accessing and using the App;
(iii) you may lose access to User Data and
App-generated outputs associated with the Account;
and
(iv) we may delete or de-identify identifiable User
Data in accordance with these Terms and our Privacy
Policy.
(c) Following an Account deletion request, we will delete the
Account’s associated database records within 30 days unless
retention is required or permitted by applicable law or
reasonably necessary to establish, exercise or defend legal
claims; however, audio files are not currently deleted from
Amazon S3 and may remain stored after Account deletion.
(d) We may retain De-identified Data that can no longer
reasonably be linked to you.
14.6 REFUNDS AND OUTSTANDING AMOUNTS
(a) Cancellation by you does not entitle you to a refund for
Subscription Fees already paid, except where required by
applicable law or permitted under the refund rules of the
payment provider through which you subscribed; however, if
we terminate or discontinue a Paid Subscription for reasons not
caused by your breach, you are entitled to a pro rata refund for
the unused portion of Subscription Fees paid directly to us.
(b) Termination does not affect any amount properly payable
before the termination date.
14.7 SURVIVING TERMS
Any provision that is intended by its nature to continue after
cancellation or termination will survive, including provisions
concerning:
(a) intellectual property;
(b) User Data and De-identified Data;
(c) confidentiality;
(d) privacy and data handling;
(e) fees and outstanding amounts;
(f) disclaimers;
(g) liability;
(h) dispute resolution; and
(i) any rights or obligations that accrued before
cancellation or termination.
15 DISPUTE RESOLUTION
(a) If a dispute arises out of or in connection with these
Terms, the App or the Services, the party raising the dispute
must give the other party written notice describing the dispute
and the outcome sought.
(b) After receiving the notice, each party must use
reasonable efforts to resolve the dispute in good faith.
(c) If the dispute is not resolved within 14 days after the
notice is given, either party may commence court proceedings
or pursue any other remedy available under applicable law.
(d) Nothing in this section prevents either party from:
(i) seeking urgent interlocutory, injunctive or
similar relief;
(ii) exercising a right or remedy that cannot
lawfully be restricted;
(iii) making a complaint to a consumer protection,
privacy, data protection or other regulatory authority; or
(iv) using any dispute resolution process made
available by the Apple App Store, Google Play Store or
another relevant payment provider.
16 FORCE MAJEURE
(a) Neither party is liable for any delay or failure to perform
an obligation under these Terms to the extent caused by an
event beyond that party’s reasonable control, except for an
obligation to pay an amount already due for Services already
provided.
(b) Events beyond our reasonable control may include:
(i) natural disasters, severe weather, fire, flood,
earthquake or explosion;
(ii) war, terrorism, civil unrest, sabotage or
government action;
(iii) epidemics, pandemics or public health
emergencies;
(iv) industrial action not involving our own
workforce;
(v) failures or outages affecting
telecommunications, internet, electricity, cloud hosting,
app stores, payment providers, artificial intelligence
providers or other critical third-party services;
(vi) cyberattacks, denial-of-service attacks or
widespread security incidents that could not reasonably
have been prevented; and
(vii) changes in law, regulation or regulatory
requirements that materially affect our ability to provide
the App or Services.
(c) While the event continues, the affected obligation is
suspended to the extent that it cannot reasonably be
performed.
(d) Where reasonably practicable, we will notify you of the
event, its expected effect on the App or Services and the steps
we are taking to reduce the disruption.
(e) We will use reasonable efforts to resume the affected
Services as soon as reasonably practicable.
(f) Nothing in this section:
(i) requires you to pay Subscription Fees for
Services that applicable law requires us to refund;
(ii) limits any consumer right or remedy that
cannot lawfully be excluded; or
(iii) excuses either party from an obligation that is
not affected by the event.
17 NOTICES
(a) A notice or other formal communication under these
Terms must be in writing and may be sent:
(i) by email to the email address associated with
your Account or another email address you have
provided to us;
(ii) through the App;
(iii) by a notification made available when you
access the App; or
(iv) by publication on the Website where the notice
is of general application.
(b) You may send a notice to us using the contact details
made available in the App, on the Website or in our Privacy
Policy.
(c) You must keep the contact details associated with your
Account accurate and current.
(d) A notice sent by email is taken to be received 24 hours
after it is sent unless the sender receives a delivery failure
notification.
(e) A notice given through the App is taken to be received
when it is displayed or made available to you.
(f) A notice published on the Website is taken to be received
when it is published, provided that we also use a reasonable
method to bring any material change or notice to your attention.
(g) Nothing in this section affects any notice requirement
imposed by applicable law, an app store or a payment provider.
18 GENERAL
18.1 GOVERNING LAW AND JURISDICTION
(a) These Terms are governed by the laws of [insert
Australian State or Territory], Australia.
(b) You and we submit to the non-exclusive jurisdiction of
the courts of [insert Australian State or Territory], Australia and
any courts entitled to hear appeals from them.
(c) Nothing in this section limits any mandatory consumer
protection, privacy or data protection law that applies to you in
another jurisdiction.
18.2 WAIVER
(a) A failure or delay by a party to exercise a right or remedy
under these Terms does not waive that right or remedy.
(b) A waiver is effective only if it is in writing and applies
only to the specific circumstance for which it is given.
18.3 SEVERABILITY
(a) If any provision of these Terms is invalid, illegal or
unenforceable, it will be read down to the minimum extent
necessary to make it valid and enforceable.
(b) If it cannot be read down, it will be severed without
affecting the validity or enforceability of the remaining
provisions.
18.4 ASSIGNMENT
(a) You must not assign, transfer or otherwise deal with your
rights or obligations under these Terms without our prior
written consent, which we will not unreasonably withhold or
delay.
(b) We may assign, transfer or novate our rights or
obligations under these Terms:
(i) to a related body corporate;
(ii) as part of a merger, acquisition, financing,
corporate restructure or sale of all or part of our
business or assets; or
(iii) to another person that acquires or operates the
App or Services.
(c) We will give you reasonable advance notice of an
assignment, transfer or novation that materially adversely
affects your rights, and you may cancel your Paid Subscription
before it takes effect and receive a pro rata refund for the
unused portion of Subscription Fees paid directly to us.
(d) Any transfer of personal information or User Data in
connection with a corporate transaction will be handled in
accordance with our Privacy Policy and applicable law.
18.5 ENTIRE AGREEMENT
(a) These Terms, our Privacy Policy and any additional
terms expressly presented and accepted by you in connection
with a particular feature, promotion or Paid Subscription
constitute the entire agreement between you and us concerning
the App and Services.
(b) They replace any prior discussions, representations,
communications or agreements concerning the same subject
matter.
(c) Nothing in this section excludes liability for fraud or
misleading or deceptive conduct or limits any right or remedy
that cannot lawfully be excluded.
18.6 THIRD-PARTY TERMS
(a) The terms and policies of Apple, Google or another
third-party provider may also apply to your use of an app store,
payment service, integration or other third-party service.
(b) Those third-party terms form an agreement between you
and the relevant third-party provider and do not form part of
these Terms unless expressly stated otherwise.
18.7 RELATIONSHIP
(a) Nothing in these Terms creates a partnership, joint
venture, employment, agency or fiduciary relationship between
you and us.
(b) Neither party has authority to bind the other party except
as expressly stated in these Terms.
18.8 INTERPRETATION
In these Terms:
(a) words in the singular include the plural and words in
the plural include the singular;
(b) a reference to a person includes an individual,
company, partnership, trust, government authority and other
legal entity;
(c) a reference to a law includes that law as amended,
replaced or re-enacted and any subordinate legislation made
under it;
(d) a reference to a document includes that document as
amended or replaced from time to time;
(e) the words “including”, “includes” and similar
expressions do not limit the words preceding them;
(f) headings are for convenience only and do not affect
interpretation;
(g) a reference to writing includes email and other
electronic communications;
(h) a reference to a day means a calendar day unless
stated otherwise;
(i) a reference to currency or “$” is to Australian dollars
unless stated otherwise; and
(j) no provision will be interpreted against a party
merely because that party prepared or proposed it.
DEFINITIONS
Term Definition
Account means an account created by you to access and use the App
and Services.
App means the Bobble mobile application provided by us, including
any updates, upgrades, improvements or replacement versions
of that application.
App means the software, source code, object code, artificial
Content intelligence systems, algorithms, models, interfaces, designs,
text, graphics, logos, icons, audio, images, databases,
documentation and other materials made available by us
through the App.
Confidential means information disclosed or made available by one party to
Information the other party that is confidential by its nature, is designated as
confidential or ought reasonably to be understood as
confidential, but does not include information that is or becomes
publicly available other than through a breach of confidentiality,
was already lawfully known to the receiving party, is received
lawfully from a third party without restriction or is independently
developed without using the disclosing party’s Confidential
Information.
De-identifie means information created from User Data that no longer
d Data identifies you and is not reasonably capable of being used to
re-identify you.
Free Plan means the plan that allows you to access specified features of
the App without paying Subscription Fees and which may be
subject to usage limits.
Intellectual means all present and future intellectual and industrial property
Property rights throughout the world, whether registered or unregistered,
Rights including copyright, trade marks, designs, patents, moral rights,
circuit layout rights, domain names, business names, trade
secrets, know-how, confidential information and rights to apply
for, register, renew or enforce those rights.
Paid means a paid recurring subscription that, if introduced, provides
Subscriptio access to specified features or benefits of the App described in
n the App or by the Apple App Store or Google Play Store.
Personnel means, in relation to a party, its officers, employees,
contractors, subcontractors, representatives and agents.
Plan means the Free Plan or a Paid Subscription selected by you
when creating or managing your Account.
Services means the services and functionality provided through or in
connection with the App, including voice recording,
transcription, automated or AI-generated summaries, tasks,
reminders and goals, content management, exports and
supported integrations.
Subscriptio means the recurring fees payable if Paid Subscriptions are
n Fees introduced, as displayed and processed through the Apple App
Store or Google Play Store before purchase.
Terms means these terms and conditions, as updated from time to time
in accordance with their terms.
User Data means voice recordings, transcripts, text, files, information and
other content that you submit to, upload to, create through or
otherwise provide in connection with the App, including any
Intellectual Property Rights attaching to that content.
Website means the website available at [insert URL] and any other
website operated by us in connection with the App or Services.