Bubbles — Terms & Conditions

Last updated: 27 September 2026

These Terms & Conditions (“Terms”) govern your access to and use of the Bubbles mobile application, the Bubbles website, Bubbles accounts and Memberships, and related features, content and services (together, the “Service”).

By creating an account, accepting these Terms when prompted, purchasing a Membership, or otherwise accessing or using the Service, you agree to be bound by these Terms.

If you do not agree to these Terms, you must not access or use the Service.

1) About these Terms

These Terms form a legally binding agreement between you and Songable Studio concerning the Service.

Our Privacy Policy explains how we collect, hold, use and disclose personal information. Where applicable law requires separate consent for a particular collection, use or disclosure of information, your acceptance of these Terms does not replace that consent.

Additional terms displayed and accepted for a particular purchase, promotion or feature may also apply. If those additional terms conflict with these general Terms, the more specific terms apply to the relevant purchase, promotion or feature, subject always to applicable law.

2) Who we are

Bubbles is a mobile wellbeing product operated by Xiaoshuai Song trading as Songable Studio, ABN 89 831 726 266, an Australian sole-trader business based in Victoria, Australia.

“Bubbles” is the product name of the Service. It is not a separate legal entity.

In these Terms:

• “Songable Studio”, “Bubbles”, “we”, “us” and “our” refer to Xiaoshuai Song trading as Songable Studio; and
• “you” and “your” refer to the person accessing or using the Service.

3) What Bubbles provides

Bubbles provides digital tools intended to support personal reflection, mindfulness, emotional awareness and general wellbeing.

Depending on the features available to you, the Service may include:

• mood and energy check-ins;
• guided wellbeing supports;
• breathing, grounding, reflection or mindfulness-style activities;
• journalling, notes and tags;
• trends, patterns and personal insights;
• reminders;
• personalised or automated suggestions;
• audio and sound-based supports;
• data synchronisation, backup and export; and
• free and paid Membership features.

Features may differ between devices, operating systems, countries, Membership plans and versions of the Service.

4) Important wellbeing and safety information

Not professional advice or treatment

Nothing made available through Bubbles should be interpreted as medical, psychological, psychiatric or other professional health advice. Bubbles is not a substitute for advice, diagnosis or treatment from an appropriately qualified professional.

No crisis or emergency monitoring

Bubbles does not monitor your entries, reflections, activity or account for signs of danger, distress, self-harm, abuse or emergency. We do not guarantee that any person will review or respond to information you enter into the Service.

• If you believe that you or another person is in immediate danger, call 000 in Australia or the applicable emergency number in your location.
• If you are experiencing significant distress or have concerns about your physical or mental health, seek assistance from an appropriately qualified professional or recognised support service.

Personalised and automated suggestions

Bubbles may use your inputs, activity and previous feedback to provide personalised or automated suggestions.

These suggestions:

• are provided for general wellbeing and informational purposes;
• may not be complete, accurate or appropriate for every person or situation;
• do not constitute clinical assessment or professional advice; and
• must not be relied upon for urgent, medical, safety-critical, legal or financial decisions.

You remain responsible for deciding whether and how to use any activity or suggestion provided through the Service.

Your discretion

You use wellbeing activities voluntarily and at your own discretion. Stop an activity if it causes discomfort, distress, dizziness, pain or another concerning reaction, and seek appropriate professional assistance where necessary.

5) Eligibility and accounts

Minimum age

You must be at least 18 years old to use the Service. If you are under 18, you must not use Bubbles.

Guest and claimed accounts

Bubbles may allow you to use selected features as an anonymous guest or through a created or claimed account. Some features may require a claimed account, active Membership, supported device or internet connection.

Account information and security

If you create or claim an account, you agree to:

• provide information that is accurate and not misleading;
• keep your login credentials secure;
• take reasonable steps to prevent unauthorised access;
• promptly notify us if you suspect unauthorised access or misuse; and
• not create an account for another person without lawful authority.

You are responsible for activity conducted through your account to the extent that the activity results from your acts, omissions or failure to take reasonable security precautions.

You must not sell, transfer, share or permit another person to misuse your account.

Device access

You are responsible for maintaining reasonable security over devices through which you access Bubbles, including device passcodes, account credentials and operating-system security.

6) Licence to use Bubbles

Subject to these Terms, we grant you a personal, limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Service for your own lawful, personal and non-commercial purposes.

This licence does not transfer ownership of Bubbles, its software or any Service content to you.

Except where permitted by applicable law, an applicable open-source licence or our written permission, you must not:

• copy, reproduce, modify or create derivative works from the Service;
• sell, rent, lease, sublicense, distribute or commercially exploit the Service;
• reverse engineer, decompile, disassemble or attempt to derive source code;
• remove copyright, trade mark or proprietary notices;
• bypass access, payment, security or technical restrictions;
• use automated tools to scrape, extract or collect Service data;
• interfere with or disrupt the Service or its infrastructure; or
• use unauthorised access to our software, content or proprietary systems to develop or assist a substantially competing product.

All rights not expressly granted to you are reserved by Songable Studio and its licensors.

7) Memberships, subscriptions and billing

Membership plans

Bubbles may offer a free tier and paid subscriptions, together referred to as “Memberships”, including:

• Bubbles One — free access to selected features; and
• Bubbles Plus (Bubbles+) — a paid subscription providing access to additional features.

The features included in each Membership may be described in the Service or on our website.

Purchase information

Before you confirm a paid subscription, the applicable purchase screen will display the relevant commercial terms, including:

• the subscription name;
• the billing period;
• the price;
• any introductory offer or free trial;
• the renewal terms; and
• the features included at that time.

The purchase information displayed immediately before confirmation forms part of these Terms for that transaction.

App Store Providers

Paid subscriptions may be offered through Apple’s App Store, Google Play or another authorised platform, each an “App Store Provider”.

When purchasing through an App Store Provider:

• payment is processed by that provider;
• its payment and account terms also apply;
• charges are made to the payment method associated with your provider account; and
• subscription management is generally conducted through that provider.

We do not directly receive or control your full App Store payment-card details.

Automatic renewal

Unless stated otherwise before purchase, a paid subscription automatically renews at the end of each billing period until cancelled.

You authorise the App Store Provider to charge the applicable subscription price, including applicable taxes, for each renewal period unless you cancel in accordance with the provider’s applicable requirements.

Free trials and introductory offers

Where a free trial or introductory offer is provided:

• eligibility may be determined by the App Store Provider;
• the duration and conversion price will be displayed before purchase;
• the subscription will ordinarily convert to a paid, automatically renewing subscription unless cancelled before the applicable deadline; and
• a trial or promotional offer may be limited to one per person, account, device, household or other eligibility category determined by the App Store Provider.

We do not guarantee that a particular trial or promotion will always be available.

Managing and cancelling subscriptions

You must manage or cancel an App Store subscription through the App Store Provider used to purchase it.

• Apple: subscriptions are managed through your Apple Account subscription settings. Instructions are available from Apple Support.
• Google Play: subscriptions are managed through Google Play subscriptions.

Unless otherwise stated by the App Store Provider, cancellation takes effect at the end of the current paid billing period.

Deleting Bubbles does not cancel a subscription

Uninstalling Bubbles, signing out, ceasing to use the Service or deleting your Bubbles account does not automatically cancel an active App Store subscription.

You must separately cancel the subscription through the relevant App Store Provider.

Refunds

Refund requests for purchases made through an App Store Provider are generally administered through that provider’s refund process.

Any refund remains subject to:

• the App Store Provider’s applicable rules;
• these Terms; and
• rights and remedies that cannot be excluded under applicable law, including Australian Consumer Law.

Nothing in this section limits any non-excludable right you may have against Songable Studio.

Price and plan changes

We may change future subscription prices, features or plan availability.

Where a change affects an existing automatically renewing subscription:

• it will be handled in accordance with the applicable App Store Provider’s requirements;
• any required notice or consent will be obtained through the applicable process; and
• you may cancel the subscription before the changed price takes effect.

A price change will not retrospectively alter a completed billing period.

Restoring purchases

Where supported, you may restore eligible purchases through the Service using the same App Store account through which the purchase was made.

We cannot guarantee restoration where the App Store Provider cannot validate the transaction or where the purchase is associated with a different account.

Promotions, referral rewards, codes and complimentary access

From time to time, Songable Studio may offer discounts, promotional offers, referral rewards, gift codes, offer codes, free or discounted access, or complimentary Membership access, collectively referred to as “Promotional Benefits”.

A Promotional Benefit may be subject to additional conditions displayed or communicated when it is offered, including conditions relating to:

• eligibility;
• the applicable Membership plan;
• the duration or value of the benefit;
• the redemption method;
• the redemption and expiry dates;
• eligible countries, accounts or devices;
• whether a payment method is required;
• whether the benefit converts to a paid subscription;
• whether the subscription automatically renews;
• referral qualification requirements; and
• limits on the number of times the benefit may be obtained or used.

Those specific conditions form part of these Terms.

Promotional Benefit eligibility and redemption

Promotional Benefits are available only to eligible users and must be redeemed using the method specified in the applicable offer. Eligibility may be determined by Songable Studio, an App Store Provider or another authorised promotional partner.

Unless expressly stated otherwise:

• a Promotional Benefit is limited to one redemption per eligible person or account;
• it is personal and must not be sold, transferred or commercially distributed;
• it cannot be combined with another discount, promotion, trial, referral reward or offer;
• it cannot be applied retrospectively to a completed purchase or billing period;
• it cannot be exchanged for cash, account credit or another benefit;
• it cannot be replaced if lost, deleted, used without permission or allowed to expire; and
• users with an existing paid subscription may not be eligible.

These restrictions apply subject to rights that cannot be excluded under applicable law.

Expiry of Promotional Benefits

You are responsible for redeeming a Promotional Benefit before its stated expiry date.

An expired Promotional Benefit will not ordinarily be extended, reinstated or replaced unless:

• the specific offer states otherwise;
• a technical error attributable to Songable Studio prevented valid redemption; or
• applicable law requires another outcome.

Discounted and trial subscriptions

A payment method may be required where a Promotional Benefit includes a free trial or discounted subscription that will convert to a paid subscription.

Before confirmation, the applicable purchase flow will disclose:

• the length of the free or discounted period;
• the price payable after that period;
• the applicable billing interval;
• whether the subscription automatically renews; and
• how it may be cancelled.

Unless expressly stated otherwise, a subscription will continue at the then-applicable price after the free or discounted period until cancelled through the relevant App Store Provider.

You must cancel before the applicable renewal deadline if you do not wish to continue at the paid price.

Complimentary access

Songable Studio may grant complimentary access to selected paid features without requiring a subscription purchase.

Unless expressly stated otherwise:

• complimentary access is personal and non-transferable;
• it applies only for the stated period or while the complimentary entitlement remains active;
• it does not have a cash value;
• it does not entitle you to a refund or payment;
• it may be limited to specified features;
• it does not automatically renew; and
• it does not create a paid subscription or payment obligation.

Where complimentary access will convert to a paid subscription, that conversion must be clearly disclosed and separately confirmed through the applicable purchase process.

Referral programs

A referral reward may be granted only after the referred person completes all qualifying requirements stated in the applicable referral offer.

Unless the offer states otherwise, a qualifying referral must involve a genuine new user and must not involve:

• self-referral;
• duplicate or fabricated accounts;
• misleading promotion;
• automated or bulk account creation;
• unauthorised publication or resale of referral codes;
• fraud or attempted fraud;
• a refunded, reversed or charged-back qualifying purchase; or
• other conduct intended to obtain a reward without satisfying the genuine purpose of the referral program.

We may withhold, cancel or reverse a referral reward where we reasonably determine that the qualifying conditions were not met or that the reward resulted from fraud, abuse, material error, a reversed transaction or a breach of these Terms.

Changes to promotions

We may change, suspend or end a Promotional Benefit or referral program prospectively, including its eligibility criteria or future availability.

We will not ordinarily remove a valid Promotional Benefit that has already been properly redeemed, except where reasonably necessary because of:

• fraud or misuse;
• a material technical or administrative error;
• a refunded or reversed qualifying transaction;
• legal or App Store requirements; or
• a material breach of the applicable offer terms.

Nothing in this section excludes rights or remedies that cannot lawfully be excluded.

8) Acceptable use

You must use the Service lawfully and responsibly.

You must not use, attempt to use, or assist another person to use the Service to:

• breach any applicable law or regulation;
• infringe another person’s intellectual property, privacy or other rights;
• impersonate another person or misrepresent your identity or authority;
• harass, threaten, abuse, exploit or harm another person;
• upload or transmit unlawful, defamatory, malicious or infringing material;
• upload viruses, malware or other harmful code;
• gain unauthorised access to an account, system, network or data;
• circumvent security, Membership, purchase or access controls;
• interfere with the operation, integrity or availability of the Service;
• conduct scraping, data mining or automated extraction without permission;
• use the Service for unauthorised commercial purposes;
• test vulnerabilities without written authorisation;
• submit content that you do not have the right to provide; or
• use the Service in a way that creates a material safety, legal, security or operational risk.

We may investigate suspected misuse and take proportionate action, including restricting or suspending access, preserving relevant records and reporting apparently unlawful conduct where reasonably necessary or required by law.

9) Your content

Ownership

You retain ownership of reflections, notes, tags, entries and other material you submit to the Service (“User Content”). We do not claim ownership of your User Content.

Limited permission to operate the Service

You grant Songable Studio a limited, non-exclusive, worldwide and royalty-free licence to host, store, reproduce, process, transmit and display your User Content only to the extent reasonably necessary to:

• provide the Service to you;
• synchronise information across your authorised devices;
• generate your trends, summaries or personalised suggestions;
• maintain backups where offered;
• secure, troubleshoot and support the Service;
• comply with lawful obligations; and
• improve the operation and reliability of the Service in accordance with our Privacy Policy.

This licence continues only for as long as reasonably necessary for those purposes, including any lawful backup or retention period.

We will not publicly publish or use your private reflections to advertise Bubbles without separate permission.

Your responsibilities

You represent that:

• you have the right to submit your User Content;
• submitting it does not unlawfully infringe another person’s rights; and
• your User Content does not contain unlawful or malicious material.

You should not enter information about another identifiable person unless you have a lawful basis to do so.

Removal and preservation

We may restrict, preserve or remove User Content where reasonably necessary to:

• comply with law or legal process;
• protect the security or integrity of the Service;
• prevent fraud, abuse or harm;
• enforce these Terms; or
• respond to a legitimate rights complaint.

Where practical and lawful, we will act proportionately having regard to the circumstances.

10) Feedback and suggestions

You may choose to provide ideas, comments, feature requests or other feedback about Bubbles.

Unless we agree otherwise in writing:

• feedback is provided voluntarily and is not confidential;
• you grant us a perpetual, worldwide, non-exclusive, transferable and royalty-free right to use, adapt and incorporate that feedback into our products and services; and
• we are not required to compensate or credit you for using it.

This section does not give us ownership of your private reflections, account data or personal information.

11) Privacy

Our handling of personal information is described in the Bubbles Privacy Policy: https://mybubbles.com.au/privacy-policy/

The Privacy Policy explains matters including:

• the information we collect;
• why we collect it;
• how it is used and disclosed;
• third-party service providers;
• international data handling;
• security;
• retention and deletion;
• access and correction; and
• privacy enquiries and complaints.

You should review the Privacy Policy before providing personal or sensitive information.

Where express consent is required for a particular feature or category of information, we may request that consent separately.

12) Third-party platforms and services

The Service may rely on or connect with third-party products and services, including:

• Apple and Google services;
• App Store payment systems;
• authentication providers;
• cloud infrastructure;
• analytics and diagnostic services;
• email delivery services;
• audio or media services; and
• Apple Health or similar device integrations.

Third-party services are governed by their own terms and privacy practices.

We do not control those services and are not responsible for:

• their independent acts or omissions;
• outages or changes outside our reasonable control;
• information supplied directly by them;
• their separate privacy or security practices; or
• your failure to comply with their terms.

This does not exclude responsibility that applicable law places on Songable Studio for our selection, configuration or use of a third-party provider.

The inclusion of a link or integration does not necessarily constitute endorsement of that third party.

13) Intellectual property

The Service, including its:

• software;
• source and object code;
• interface;
• visual design;
• branding;
• logos;
• text;
• illustrations;
• audio;
• guided activities;
• databases;
• selection and arrangement of content; and
• underlying systems and methodologies,

is owned by or licensed to Songable Studio and is protected by applicable intellectual property laws.

“Bubbles”, “Bubbles One”, “Bubbles Plus”, “Bubbles+”, associated branding and other identifiers may be trade marks or proprietary identifiers of Songable Studio.

Except for the limited licence granted under these Terms, no intellectual property right is transferred to you.

You must not use our names, branding, content or intellectual property in a way that suggests sponsorship, affiliation or endorsement without written permission.

14) Service availability and changes

Availability

We take reasonable steps to operate and maintain the Service, but do not guarantee that it will always be:

• uninterrupted;
• available in every location;
• compatible with every device;
• free from delay or technical error; or
• available in its current form indefinitely.

Access may be affected by maintenance, updates, connectivity, App Store services, device settings, operating-system changes, third-party services or events outside our reasonable control.

Changes to features

We may add, change, limit, suspend or discontinue features where reasonably necessary for:

• product development;
• security;
• reliability;
• technical compatibility;
• legal or regulatory compliance;
• third-party platform requirements;
• misuse prevention; or
• commercial sustainability.

Where a change materially reduces a paid feature during a current subscription period, we will provide reasonable notice where practicable and comply with applicable legal and App Store obligations.

Nothing in this section permits us to remove non-excludable consumer rights.

Technical requirements

You are responsible for maintaining:

• a compatible device;
• supported operating-system software;
• internet access where required;
• sufficient device storage; and
• current App Store credentials.

We may cease supporting outdated operating systems or devices where continuing support is no longer reasonably secure or practical.

15) Suspension and termination

Ending your use

You may stop using the Service at any time.

You may also request account deletion through the available account controls or by contacting us.

Stopping use or deleting an account does not itself cancel an active App Store subscription.

Suspension or termination by us

We may restrict, suspend or terminate access where we reasonably believe it is necessary because:

• you materially breached these Terms;
• your use is unlawful, fraudulent, abusive or harmful;
• your account or the Service is subject to a security threat;
• continued access creates a material risk to users, Songable Studio or a third party;
• payment entitlement cannot be verified;
• we are required to do so by law, court order or an App Store Provider; or
• the Service or relevant feature is permanently discontinued.

Where appropriate and reasonably practicable, we may:

• notify you of the issue;
• provide an opportunity to remedy it; or
• limit the restriction to the affected feature.

We may act immediately where delay could create legal, security, safety or operational harm.

Effect of termination

When your right to use the Service ends:

• the licence granted under these Terms ends;
• you must stop accessing restricted parts of the Service; and
• provisions intended by their nature to continue will survive, including provisions concerning intellectual property, User Content processing, disclaimers, liability, indemnity, disputes and general terms.

Termination does not remove rights or obligations that accrued before termination.

16) Account deletion and data retention

You may request deletion of an eligible Bubbles account through the account-deletion controls provided in the Service.

Following a valid request, we may first restrict or disable access and place the account into a deletion period of up to 30 days. This is intended to reduce accidental deletion and may permit recovery where the Service expressly offers that option. During and after that process, we may:

• restrict or disable access during the deletion period;
• delete or permanently de-identify associated information when the deletion becomes effective;
• retain limited information where reasonably required for security, fraud prevention, dispute handling, legal compliance, financial records, or evidence that a deletion or other privacy request was completed; and
• retain temporary backup copies until they are overwritten through ordinary backup cycles.

Deletion practices, including the limited deletion audit record we may retain after permanent deletion, are further described in the Privacy Policy. That audit record may include the former Bubbles account identifier, email address, authentication-provider category, original account-creation date and time, and deletion-request, purge and completion dates and times, but does not include deleted check-ins, reflections, guided-support history, profile content, health information, Apple authentication tokens or Apple user identifiers, or other deleted account content.

Deleting an account:

• may permanently remove access to stored reflections and history;
• cannot be recovered after permanent deletion is completed;
• does not require an App Store Provider to refund past purchases; and
• does not automatically cancel an active subscription.

You should export information you wish to retain before completing deletion where an export function is available.

17) Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any guarantee, right, remedy or liability that cannot lawfully be excluded, restricted or modified, including under the Competition and Consumer Act 2010 (Cth) and Australian Consumer Law.

If you are an Australian consumer, the Service comes with consumer guarantees that may include guarantees that services will be:

• provided with due care and skill;
• fit for a disclosed purpose in applicable circumstances; and
• supplied within a reasonable time where no time is fixed.

Any refund, cancellation, re-performance, compensation or other remedy to which you are entitled under Australian Consumer Law remains available despite anything else in these Terms.

Statements in these Terms such as “to the maximum extent permitted by law” are subject to this section.

18) Disclaimers

Subject to section 17 and to the maximum extent permitted by law:

• the Service is provided on an “as available” basis;
• we do not guarantee uninterrupted or error-free operation;
• we do not guarantee that every defect will be corrected immediately;
• we do not guarantee that personalised suggestions will be suitable for every person;
• we do not guarantee any particular wellbeing, emotional, behavioural or health outcome;
• information made available through Bubbles is general in nature;
• you remain responsible for decisions and actions taken in reliance on the Service; and
• Bubbles is not a replacement for professional healthcare or emergency support.

No statement made through marketing, support material or the Service creates a guarantee of a specific outcome unless it is expressly stated to be a binding guarantee.

You acknowledge that wellbeing experiences vary between people and may be affected by circumstances outside our knowledge or control.

19) Limitation of liability

Non-excludable liability

Nothing in this section excludes or limits liability where doing so would be unlawful.

This section does not limit liability for:

• fraud or fraudulent misrepresentation;
• wilful misconduct;
• death or personal injury caused by negligence where liability cannot lawfully be limited;
• breach of a non-excludable consumer guarantee;
• a privacy, confidentiality or data-security obligation to the extent applicable law prevents limitation; or
• any other liability that cannot legally be excluded or limited.

Excluded loss

Subject to the preceding paragraph and to the maximum extent permitted by law, Songable Studio is not liable for indirect, incidental, special or consequential loss that was not reasonably foreseeable as a result of the relevant breach or event.

To the maximum extent permitted by law, we are not liable for loss of:

• profit;
• revenue;
• business opportunity;
• anticipated savings;
• goodwill; or
• business interruption,

arising from personal, non-commercial use of the Service.

Liability cap

Subject to section 17 and the non-excludable liability provisions above, and to the maximum extent permitted by law, Songable Studio’s total aggregate liability for all claims arising from or relating to the Service or these Terms is limited to the greater of:

• the total amount you paid for Bubbles during the 12 months immediately before the event giving rise to the claim; and
• AUD $100.

The existence of more than one claim does not increase this limit.

Events outside reasonable control

Subject to non-excludable rights, we are not responsible for delay or failure caused by circumstances outside our reasonable control, including:

• internet or telecommunications failure;
• App Store interruption;
• third-party infrastructure failure;
• cyberattack despite reasonable precautions;
• government action;
• natural disaster;
• widespread power failure; or
• operating-system or platform changes.

We will take reasonable steps to restore affected services where practicable.

20) Indemnity

To the maximum extent permitted by law, you indemnify Songable Studio against reasonable third-party claims, liabilities, losses, damages and costs to the extent directly caused by:

• your unlawful use of the Service;
• your material breach of these Terms;
• User Content that unlawfully infringes a third party’s rights; or
• your fraudulent, malicious or deliberately harmful conduct.

This indemnity:

• applies only to the extent the relevant loss was caused by your conduct;
• does not apply to the extent the loss was caused or contributed to by Songable Studio’s negligence, breach of these Terms or unlawful conduct;
• does not require you to indemnify us for liabilities that cannot lawfully be transferred to you; and
• does not limit any defence or legal right available to you.

We will take reasonable steps to notify you of a material claim for which we seek indemnification and will not unreasonably increase the resulting loss.

21) Additional terms for Apple App Store users

This section applies where you obtain or use Bubbles through Apple’s App Store.

If this section conflicts with another provision specifically concerning use of the Apple-distributed application, this section applies to the extent of that conflict.

Agreement between you and Songable Studio

You and Songable Studio acknowledge that these Terms are entered into between you and Songable Studio only, and not with Apple.

Songable Studio, not Apple, is solely responsible for Bubbles, its content, its operation and the Service provided through it, subject to these Terms and applicable law.

Apple licence scope

Your licence to use the Apple-distributed version of Bubbles is limited to a non-transferable licence to use it on Apple-branded products that you own or control, as permitted by Apple’s applicable Usage Rules.

Bubbles may also be accessed through other accounts associated with the purchaser where Apple’s Family Sharing or volume-purchasing rules permit that access.

You must not use Bubbles in a manner that conflicts with the Apple Media Services Terms and Conditions.

Maintenance and support

Songable Studio is solely responsible for providing any maintenance and support services relating to Bubbles that are specified in these Terms or required by applicable law.

You and Songable Studio acknowledge that Apple has no obligation whatsoever to provide maintenance or support services for Bubbles.

Warranties

Songable Studio is solely responsible for any warranties relating to Bubbles, whether express or implied by law, to the extent that those warranties have not been effectively excluded under applicable law.

If the Apple-distributed application fails to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price paid for the application, if any.

To the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever relating to Bubbles.

Any other claims, losses, liabilities, damages, costs or expenses attributable to a failure to conform to an applicable warranty are the sole responsibility of Songable Studio, to the extent required by applicable law and subject to these Terms.

Nothing in this section excludes, restricts or modifies your rights under Australian Consumer Law or another law that cannot lawfully be excluded, restricted or modified.

Product and regulatory claims

You and Songable Studio acknowledge that Songable Studio, not Apple, is responsible for addressing any claims by you or a third party relating to Bubbles or your possession or use of Bubbles, including:

• product-liability claims;
• claims that Bubbles fails to comply with an applicable legal or regulatory requirement;
• claims arising under consumer-protection, privacy or similar legislation; and
• claims connected with Bubbles’ use of the HealthKit or HomeKit frameworks, where applicable.

Songable Studio’s liability to you will not be limited beyond what is permitted by applicable law.

Intellectual-property claims

You and Songable Studio acknowledge that, if a third party claims that Bubbles, or your possession or use of Bubbles, infringes that third party’s intellectual-property rights, Songable Studio, not Apple, is solely responsible for the investigation, defence, settlement and discharge of that intellectual-property infringement claim.

United States trade compliance

You represent and warrant that:

• you are not located in a country subject to a United States Government embargo or designated by the United States Government as supporting terrorism; and
• you are not included on a United States Government list of prohibited or restricted parties.

You must not export, re-export or use Bubbles in breach of applicable trade-control or sanctions laws.

Developer contact details

Questions, complaints and claims concerning Bubbles should be directed to:

Xiaoshuai Song trading as Songable Studio
ABN: 89 831 726 266
PO Box 2040, Brunswick East, Victoria 3057, Australia
Telephone: +61 457 060 286
Email: help@mybubbles.com.au

Third-party terms

When using Bubbles, you must comply with applicable third-party agreements, including:

• the Apple Media Services Terms and Conditions;
• applicable App Store Usage Rules;
• your mobile-network or internet provider’s terms; and
• terms applying to third-party services you choose to connect to Bubbles.

Apple as third-party beneficiary

You and Songable Studio acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms in relation to the Apple-distributed version of Bubbles.

Upon your acceptance of these Terms, Apple will have the right, and will be deemed to have accepted the right, to enforce the applicable provisions of these Terms against you as a third-party beneficiary.

22) Changes to these Terms

We may update these Terms where reasonably necessary to reflect:

• changes to the Service;
• new features;
• changes to law or regulatory requirements;
• security or technical developments;
• App Store requirements; or
• changes to our business operations.

The updated Terms will state the date on which they were last revised.

Where a change is material and may adversely affect your rights, we will provide reasonable notice through the Service, website, email or another appropriate method before the change takes effect, unless:

• the change is required urgently by law;
• it is necessary to address an immediate security or safety issue; or
• prior notice is not reasonably practicable.

Where applicable law requires express agreement to an updated term, we will request that agreement.

If you do not accept a material update, you may stop using the Service and cancel any active subscription before the change takes effect.

Continued use after the effective date constitutes acceptance only to the extent permitted by law and after any required notice or consent has been provided.

23) Governing law and disputes

These Terms are governed by the laws of Victoria, Australia.

Subject to any right you have to bring proceedings elsewhere under applicable law, you and Songable Studio submit to the non-exclusive jurisdiction of the courts of Victoria and courts entitled to hear appeals from them.

Nothing in this section:

• excludes the application of mandatory consumer laws in your place of residence;
• prevents either party from seeking urgent interlocutory or injunctive relief; or
• requires you to surrender a right that cannot lawfully be excluded.

Before commencing formal proceedings, we encourage you to contact us and provide reasonable details of the issue so that both parties can attempt to resolve it in good faith.

This informal process does not prevent either party from exercising an urgent legal right or pursuing a claim within an applicable limitation period.

24) General provisions

Entire agreement

These Terms, together with purchase terms displayed at checkout and any additional terms expressly accepted for a particular feature, constitute the agreement between you and Songable Studio concerning the Service.

They replace previous terms concerning the same subject matter, but do not remove rights or obligations that have already accrued.

Order of precedence

If there is an inconsistency:

• mandatory applicable law prevails;
• the Apple-specific terms apply to the Apple-distributed application;
• specific purchase terms displayed and accepted for a transaction apply to that transaction; and
• these general Terms otherwise apply.

Severability

If a court or competent authority determines that a provision is invalid, unlawful or unenforceable, that provision will be read down to the minimum extent necessary where possible.

If it cannot be read down, it will be severed, and the remaining provisions will continue to apply.

No waiver

A failure or delay in enforcing a provision does not waive the right to enforce it later.

A waiver is effective only if clearly given and applies only to the specific matter for which it was given.

Assignment

You must not transfer your account or assign your rights under these Terms without our prior written consent, except where applicable law permits otherwise.

We may assign or transfer our rights and obligations as part of:

• a business sale;
• corporate restructure;
• transfer of the Bubbles product;
• succession to another service operator; or
• a similar legitimate transaction,

provided that the transfer does not remove your non-excludable rights. We will provide reasonable notice where the transfer materially affects you.

No partnership or agency

These Terms do not create an employment, partnership, joint venture, fiduciary or agency relationship between you and Songable Studio.

Electronic communications

You agree that notices and communications may be provided electronically through:

• the Service;
• email;
• our website; or
• your App Store Provider.

You are responsible for maintaining a current email address where an account uses email communication.

Headings

Headings are included for convenience and do not alter the interpretation of these Terms.

25) Contact details

Questions, complaints or claims concerning Bubbles or these Terms should be directed to:

Xiaoshuai Song trading as Songable Studio
ABN: 89 831 726 266
PO Box 2040, Brunswick East, Victoria 3057, Australia
Telephone: +61 457 060 286
Email: help@mybubbles.com.au
Website: https://mybubbles.com.au/