Frameflower Beta

Terms of Service Agreement

I. User Agreement

By accessing and using the Frameflower app ("App"), a Bubble Theorem product, you agree to these Terms of Service. These terms govern your use of our services ("Services").

II. License Grant

Subject to your compliance with the terms and conditions set forth herein, we grant you a limited, revocable, nonexclusive, nontransferable license to download, install, and use the App solely for your own personal, noncommercial use. Any other use of the App requires express written permission from us.

III. User Obligations

You agree to use our Services in compliance with all applicable laws and regulations. You further agree not to engage in any fraudulent or illegal activity, not to upload viruses or other malicious code, not to harass or threaten other users, and to comply with all other user obligations set forth in these Terms of Service.

IV. User Data Ownership

Users retain ownership of their intellectual property and any content they import into the App or generate inside the App. We do not claim ownership over user-generated content.

V. Termination of Access

You understand and accept that we reserve the right to terminate your account and deny any further access to our Services at any point in time, without notice, should we deem it necessary.

VI. Restrictions on Use

The following restrictions apply to your use of our Services:

  • You shall not copy, reproduce, modify, create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, or otherwise exploit the Services except as expressly permitted under this Agreement.
  • You shall not reverse engineer, disassemble, decompile, or attempt to derive the source code of the Services unless required by law.
  • You shall not remove, obscure, or alter any proprietary rights notices affixed to or contained within the Services.
  • You shall not make any representations or warranties regarding the Services.
  • You shall not interfere with or disrupt the integrity or performance of the Services.
  • You shall not use the Services in violation of any applicable laws or regulations.
  • You shall not use the Services in connection with any illegal activity.
  • You shall not use the Services to send unsolicited messages or spam.
  • You shall not use the Services to harvest or collect information about others.
  • You shall not use the Services to impersonate another person or entity.
  • You shall not use the Services to upload, post, e-mail, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
  • You shall not use the Services to intentionally or unintentionally violate any local, state, national, or international law.
  • You shall not use the Services to stalk or otherwise harass another individual.
  • You shall not use the Services to engage in any other conduct that restricts or inhibits anyone else from using or enjoying the Services.

VII. Content Ownership & License

All intellectual property rights including copyrights, trademarks, patents, trade secrets, and know-how related to the Services remain the exclusive property of Frameflower, except where other third party licenses where may apply. All title and interest in and to the Services (including but not limited to any images, photographs, animations, video, audio, music, text, meshes, and "applets" incorporated into the Services, except for other third party images, artwork, animations, video, audio, music, text, and "applets" which may be licensed from third parties for distribution within), the accompanying documentation, and any copies of the Services are owned by Frameflower. You acknowledge that the Services contain valuable confidential information and trade secrets belonging to Frameflower. You agree not to modify, adapt, translate, rent, lease, loan, resell, sublicense, assign, or otherwise dispose of the Services or any portion thereof. You agree not to decompile, decrypt, disassemble, reverse engineer, or otherwise reduce the Services to human-readable form.

VIII. Indemnification

You agree to defend, indemnify, and hold Frameflower harmless against all claims, liabilities, damages, costs, and expenses arising out of or relating to your breach of any term of this Agreement or your acts or omissions. You also agree to fully cooperate with Frameflower in asserting any available defenses. Frameflower reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.

IX. Limitation on Liability

IN NO EVENT SHALL FRAMEFLOWER BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE SERVICE, WHETHER BASED ON NEGLIGENCE, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE AND WHETHER OR NOT FRAMEFLOWER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

X. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS," WITH ALL FAULTS AND AS AVAILABLE. FRAMEFLOWER MAKES NO GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE, INCLUDING ITS CONDITION, OPERATION OR USE, ACCURACY, COMPLETENESS, QUIET ENJOYMENT, SECURITY, CORRECTNESS, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SYSTEM INTEGRATION, OR APPLICATION DATA CAPTURE. FRAMEFLOWER DOES NOT ENDORSE, VERIFY, GUARANTEE, MAKE ANY REPRESENTATIONS OR WARRANTIES, OR ACCEPT ANY RESPONSIBILITY FOR ANY THIRD-PARTY SOFTWARE, APPLICATIONS, GOODS, OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICE OR LINKED TO THE SERVICE.

XI. Payment Terms

If you are using our Services that require payment, you agree to pay all fees associated with your use of the Services in accordance with the payment terms provided. For the avoidance of doubt, Frameflower is currently offered solely as a free beta application, by invitation only.

by Frameflower.

XII. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to its principles of conflicts of law. Any legal action or proceeding arising out of or relating to this Agreement or the Services shall be brought exclusively in the courts of Miami, Florida.

XIII. Intellectual Property Infringement

Frameflower respects the intellectual property rights of others and expects its users to do the same. If you believe that any content on our Services infringes your intellectual property rights, please contact us at contact@bubbletheorem.com and we will investigate the matter.

XIV. Termination and Suspension

As a beta application, Frameflower reserves the right to suspend or terminate your access to the Services at any time, with or without cause, and with or without notice. Frameflower may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.

XV. Changes to the Agreement

Frameflower may revise these Terms of Service at any time by posting an updated version on its website.

By continuing to use the Services after the effective date of any such changes, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Services.

XVI. Severability

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced to the fullest extent under the law.

XVII. Entire Agreement

This Agreement constitutes the entire agreement between you and Frameflower regarding the use of the Services and supersedes all prior or contemporaneous agreements or understandings, whether written or oral, relating to the Services.

XVIII. Waiver

Frameflower's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

XIX. Assignment

You may not assign this Agreement or any of your rights or obligations hereunder without Frameflower's prior written consent. Frameflower may assign this Agreement or any of its rights or obligations hereunder without notice or consent.

XX. Contact Information

If you have any questions about this Agreement, please contact Frameflower at frameflower@bubbletheorem.com.

XXI. Force Majeure

Frameflower shall not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond its reasonable control, including but not limited to acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.

XXII. Language

This Agreement is executed in the English language, and any translations provided are for convenience only. In the event of a conflict between the English language version of this Agreement and any translations, the English language version shall prevail.

XXIII. Headings

The headings used in this Agreement are for convenience only and shall not affect the interpretation of this Agreement.

By using our Services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.

XXIV. Electronic Communications

By using our Services, you consent to receive communications from us electronically, whether by

email, text message, push notification, or other means. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

XXV. Third-Party Links

Our Services may contain links to third-party websites or resources that are not owned or controlled by Frameflower. We do not endorse or assume any responsibility for any such third-party websites or resources, or for any content, advertising, products, or other materials on or available from such websites or resources. You acknowledge and agree that Frameflower shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party website or resource.

XXVI. Feedback

If you provide Frameflower with any feedback or suggestions regarding the Services ("Feedback"), you hereby assign to Frameflower all right, title, and interest in and to such Feedback and agree that Frameflower shall have the right to use and fully exploit such Feedback in any manner without any obligation or compensation to you.

XXVII. Survival

The provisions of this Agreement which by their nature should survive termination of this Agreement shall survive such termination, including but not limited to Sections IV, V, XI, XII, XIV, XVIII, XIX, XX, XXI, XXII, XXIII, XXV, and XXVI.

By using our Services, you acknowledge that you have read and understood these Terms of Service and agree to be bound by them.

Updated Dec 1, 2023.