Terms of Service

Last updated: 8 September 2026

These Terms of Service ("Terms") are an agreement between Better Run, Inc., a Delaware corporation with its address at 651 N Broad St, Suite 201, Middletown, DE 19709 ("Bubbling", "we", "us"), and the company or other legal entity that uses the Service ("Customer", "you").

You accept these Terms when you create an account, when you click to accept them, or when you use the Service. If you accept these Terms for a company, you confirm that you have authority to bind that company. If you do not accept these Terms, do not use the Service.

If you and Bubbling sign a separate written agreement for the Service, that agreement controls and these Terms fill any gap it leaves.

1. Definitions

Service means Bubbling, our conversation analytics product, in every part we make available to you. This includes Bubbling Alerts, the dashboards, the embed SDK, the ingestion API, the email and Slack notifications, and any documentation we publish for them.

End User means a person who talks to a chat assistant that you operate.

Customer Data means everything you or your End Users send to the Service, or that the Service collects for you from a source you connect. Conversation transcripts, message metadata, End User identifiers, and the monitors you write are all Customer Data.

Output means the summaries, classifications, sentiment labels, intents, topics, alerts, and other results that the Service produces from Customer Data.

Account Data means the information about you and your users that we hold to run the Service, such as names, work email addresses, billing details, and usage logs.

2. The Service

We grant you a non-exclusive, non-transferable, revocable right to access and use the Service during the term of these Terms, for your own internal business purposes, subject to these Terms and to any plan limits.

We improve the Service continuously, so features can change. If we remove a material feature of a paid plan, we will give you at least 30 days notice by email or in the dashboard, and you can terminate the affected plan for the remainder of its term and receive a pro-rated refund.

Some features are marked "beta", "preview", or "early access". These are optional, they are provided as they are, and Sections 15 and 16 apply to them in full. We can withdraw them at any time.

3. Accounts and users

You must give accurate registration information and keep it current. You are responsible for every action taken under your account, for keeping your credentials and API keys secret, and for the acts and omissions of your users. Tell us at privacy@bubbling.ai as soon as you learn of any unauthorized use of your account.

Do not share an individual login between people. Create a user for each person.

You must be at least 18 years old and able to enter a binding contract. The Service is for business use. It is not for personal or household use, and it is not directed at children.

4. Customer Data

You own your Customer Data. These Terms transfer no ownership of it to us.

You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, display, and process Customer Data, and to create Output from it, only in order to provide, secure, and support the Service for you. That licence ends when the data is deleted under Section 13.

We process personal data in Customer Data as your processor and on your instructions. The Data Processing Addendum sets out those terms and forms part of these Terms. Where the Addendum and these Terms disagree about personal data, the Addendum controls.

We do not use Customer Data to train generative models, our own or anyone else's, and our agreements with our AI sub-processors carry the same restriction. We can use aggregated and de-identified statistics derived from use of the Service (counts, volumes, latencies, error rates) to operate, secure, and improve the Service. Those statistics never identify you, your End Users, or the content of any conversation.

5. Your responsibilities for Customer Data

You are responsible for what you send us from your conversations with other people. This includes the following:

• You must have the right to send us every piece of Customer Data you send, and the right to let us process it as these Terms describe.
• You must tell your End Users what you do with their conversations, in your own privacy notice, and you must obtain any consent the law where they live requires.
• You must respond to your End Users when they ask about their data. They are your contacts, not ours. Section 8 of the Data Processing Addendum says how we help you do that.
• You must not send us special categories of personal data (health, biometric, genetic, racial or ethnic origin, political opinions, religious beliefs, trade union membership, sex life, or sexual orientation) or government identifiers, payment card numbers, or data subject to HIPAA, PCI DSS, GLBA, FERPA, or similar sector rules, unless we agree to it in a signed writing first. The Service is not built for that data and our commitments here do not cover it.

If you send us data that this Section forbids, we can suspend processing of it and delete it, and you hold us harmless for it under Section 17.

6. Acceptable use

Do not do any of the following, and do not let anyone else do it through your account:

• Break the law, infringe anyone's rights, or use the Service to harass, discriminate against, or profile individuals in a way the law forbids.
• Use Output as the sole basis for a decision that produces a legal or similarly significant effect on an individual, such as a decision about credit, employment, housing, insurance, or education.
• Surveil your own staff, or use the Service to score or discipline individual employees.
• Reverse engineer, decompile, or copy the Service, or try to derive its source code, models, or prompts, except to the extent the law expressly allows despite this restriction.
• Resell, sublicense, or provide the Service to a third party as a service of your own, unless we agree in writing.
• Use the Service to build a competing product, or to benchmark it for publication without our written consent.
• Send malware, attack or overload the Service, avoid a rate limit or a plan limit, or access any part of the Service you are not authorized to reach.
• Use the Service to generate spam or unsolicited messages.

We can suspend access immediately, without notice, where use breaks this Section and the break threatens the Service, another customer, or a third party. We will tell you promptly and we will restore access as soon as the cause is fixed.

7. What the Output is, and what it is not

The Service reads conversations with a large language model and reports what it finds. That report is a judgement produced by software, not a statement of fact and not professional advice.

Output can be wrong. It can miss something that matters, classify something incorrectly, or draw a conclusion the underlying conversation does not support. An alert can arrive late or not at all.

You decide what to do with Output, and you remain responsible for that decision. Do not rely on the Service as the only means of finding a safety issue, a legal claim, a regulatory duty, an emergency, or a threat of harm. The Service is not a monitoring system for emergencies and it must not be used as one.

You own the Output as between you and us, as part of Customer Data, and you can use it freely. You are responsible for checking Output before you act on it or pass it to anyone else.

8. Third-party services

The Service connects to systems you already use, such as chat platforms, Slack, and app markets. When you connect one, you authorize us to exchange data with it as the connection requires, and your use of that system stays governed by your agreement with its provider. We are not responsible for a third-party service, for its availability, or for what it does with data it receives on your instruction. If a connection breaks because the provider changes it, we will try to restore it, but we cannot promise to.

9. Fees, plans, and taxes

Free plans are free, and they carry the limits published at the time you use them. We can change or end a free plan with 30 days notice.

For a paid plan you pay the fees on the plan page or in your order, in advance, in US dollars, by the payment method you give us. Fees are non-refundable except where these Terms say otherwise or the law requires a refund. A plan renews automatically for the same period unless you cancel before the current period ends. You can cancel at any time in the dashboard, and the cancellation takes effect at the end of the current period.

We can change prices with 30 days notice, effective on your next renewal.

Fees exclude taxes. You pay any sales, use, VAT, GST, or similar tax on the fees, except a tax on our income. If you must withhold a tax, you gross up the payment so we receive the full amount.

If a payment is late by more than 15 days, we can charge interest at 1.5% per month or the maximum the law allows, whichever is lower, and we can suspend the Service after written notice.

10. Intellectual property

We own the Service, its software, models, prompts, designs, documentation, and brand, and every improvement to them. Except for the rights these Terms grant you, we reserve everything.

If you send us feedback, ideas, or suggestions, we can use them without restriction and without owing you anything. You are not required to send us feedback.

You can use our name and logo to say that you use the Service. We will not use your name or logo publicly without your written consent.

11. Confidentiality

Each party can receive information from the other that is marked confidential or that a reasonable person would understand to be confidential. The receiving party will protect it with at least reasonable care, will use it only to perform under these Terms, and will disclose it only to its personnel and advisors who need it and who are bound to protect it.

These duties do not apply to information that is public through no fault of the receiver, that the receiver already had, that the receiver develops independently, or that a third party gives the receiver lawfully. A party can disclose confidential information where the law compels it, after giving the other party notice where that is lawful.

Customer Data is your confidential information. The Service and our non-public pricing are our confidential information.

12. Availability and support

We aim to keep the Service available and we run it on redundant, professionally managed infrastructure. Unless a separate service level agreement says otherwise, we make no commitment about uptime, and we can take the Service down for maintenance. We will give advance notice of planned maintenance where we reasonably can.

Support is provided at support@bubbling.ai during our business hours.

13. Term, termination, and deletion

These Terms run from the day you first use the Service until every plan is terminated.

You can terminate at any time by cancelling your plans and closing your account. We can terminate a free plan at any time with 30 days notice. Either party can terminate a paid plan for the other party's material breach, if the breach is not cured within 30 days of written notice. We can terminate immediately if you break Section 6 in a way that cannot be cured, or if you become insolvent.

On termination your right to use the Service ends. You can export your Customer Data through the dashboard or the API for 30 days after termination. After that we delete Customer Data within 90 days, in accordance with Section 11 of the Data Processing Addendum and subject to backup cycles and any retention the law requires.

Sections 4 (ownership), 10, 11, 15, 16, 17, 19, and 20 survive termination.

14. Changes to these Terms

We can change these Terms. If a change is material, we will give you at least 30 days notice by email or in the dashboard before it takes effect. If you do not accept a material change, terminate before it takes effect, and we will refund any prepaid fees for the unused part of the current period. Continued use after the change takes effect means you accept the changed Terms.

Every version carries the date at the top, and we keep the previous versions available on request.

15. Disclaimer of warranties

The Service is provided "as is" and "as available". To the maximum extent the law allows, we disclaim every warranty that is not expressly written in these Terms, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from a course of dealing or trade usage.

We do not warrant that the Service will be uninterrupted, error-free, or secure against every attack, that it will detect any particular thing in a conversation, or that Output will be accurate, complete, or fit for a decision you want to make. Section 7 says more about this.

Some jurisdictions do not allow the exclusion of implied warranties. Where that is so, the exclusions above apply to the maximum extent that jurisdiction allows.

16. Limitation of liability

To the maximum extent the law allows:

No indirect damages. Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost business, lost goodwill, or the cost of a substitute service, even if it was told such damage was possible.

Cap. Each party's total liability arising out of or relating to these Terms will not exceed the greater of (a) the fees you paid or owed us for the Service in the 12 months before the event that gave rise to the claim, or (b) US $100.

What the cap does not cover. The cap and the exclusion above do not apply to your payment obligations under Section 9, to either party's indemnity under Section 17, to a breach of Section 11, or to liability that the law does not allow to be limited, including fraud, wilful misconduct, and death or personal injury caused by negligence.

These limits apply however the claim is framed, in contract, in tort, or otherwise, and they survive the failure of any limited remedy. The parties agree that these limits are a reasonable allocation of risk and that the fees reflect them.

17. Indemnification

We defend you against a third-party claim that the Service, used as these Terms allow, infringes that third party's intellectual property right, and we will pay the damages finally awarded or the settlement we approve. If the Service becomes, or we believe it will become, the subject of such a claim, we can procure the right to continue using it, modify it so it is no longer infringing, or terminate it and refund prepaid fees for the unused period. This paragraph is our entire liability for an infringement claim.

You defend us against a third-party claim arising from Customer Data, from your breach of Section 5 or Section 6, or from your use of Output, and you will pay the damages finally awarded or the settlement you approve.

The party seeking indemnity must give prompt written notice of the claim, give the other party sole control of the defence and settlement, and provide reasonable cooperation. A settlement that admits fault or imposes an obligation on the indemnified party needs that party's written consent.

18. Trade controls

Each party will comply with US export control and economic sanctions laws. You confirm that you are not located in, and not organized under the laws of, a country or region subject to comprehensive US sanctions, and that you are not on a US government restricted-party list. You will not make the Service available to anyone who is.

19. Governing law and disputes

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

The state and federal courts located in Delaware have exclusive jurisdiction over any dispute arising out of or relating to these Terms, and both parties consent to that jurisdiction and waive any objection to that venue. Either party can seek injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

Each party waives any right to a jury trial. Neither party can bring a claim as a class action or in a representative capacity.

A claim must be brought within one year of the day the claiming party first knew, or reasonably should have known, of the facts giving rise to it.

20. General

Entire agreement. These Terms, the Data Processing Addendum, the Privacy Policy, and any order you sign are the entire agreement about the Service, and they replace every earlier agreement and statement about it. Any term in your purchase order or vendor portal has no effect.

Assignment. Neither party can assign these Terms without the other's written consent, except that either party can assign them in full to a successor in a merger, acquisition, or sale of substantially all assets, on written notice.

Subcontractors. We can use subcontractors and sub-processors to provide the Service, and we stay responsible for their performance. The Sub-processor list names the ones that process personal data.

No waiver. A failure to enforce a right is not a waiver of it.

Severability. If a term is held unenforceable, it is modified to the least extent necessary to make it enforceable, and the rest of these Terms stays in force.

Force majeure. Neither party is liable for a delay or failure caused by something beyond its reasonable control, other than a payment obligation.

Notices. We give you notice by email to your account address or in the dashboard. You give us notice by email to support@bubbling.ai.

Relationship. The parties are independent contractors. These Terms create no partnership, agency, joint venture, or employment, and no third party has any right under them.

Government users. The Service is "commercial computer software" under FAR 12.212 and DFARS 227.7202. A US government user receives only the rights these Terms grant.

21. Contact

Better Run, Inc. 651 N Broad St, Suite 201, Middletown, DE 19709

General and support: support@bubbling.ai Legal notices: support@bubbling.ai Privacy: privacy@bubbling.ai Security: privacy@bubbling.ai