Legal
Terms & conditions
These Terms of Services was updated on and its effective date is: November 28, 2023
Turf ('Bubbles B.V.') is a customer community platform specifically for SaaS companies. It allows you to centralize all your customer processes in your community environment, engage your existing community members and grow your community, all natively on one platform.
These Terms of Services (these “Terms”) are a binding contract between you and Bubbles. B.V. (hereafter “we”, “us”, “our”, “Company”, or “Turf”). The Terms apply to your access to, and your use of our Turf Website (“Website”), https://useturf.io/, or our Turf Web Application (“App”) and other online products or services that link to these Terms (collectively, the “Services”) through our Website or App.
These Terms incorporate by reference our Privacy Policy, which you may find when you visit the Website or when you access our App.
Turf is dedicated to making the lives of the community team easier, by solving the low engagement problem in SaaS customer communities and giving the community team all the tools needed to measure and communicate the fruits of their labor. It allows SaaS companies to integrate their customer onboarding, direct support channels, knowledge base, help center, product feedback loops, and all other customer interaction moments in the environment where it benefits retention and support costs most; your customer community.
By accessing or using our Services, you thereby agree that you have read, understood, and agree or consent to be bound by these Terms and our Privacy Policy. If you do not agree with or consent to being bound any of the Terms or our Privacy Policy, you are not authorized to use our Services.
NOTE THAT THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
Summary of Material Terms
As provided in greater detail in these Terms (and without limiting the express language of these Terms), you acknowledge the following:
each component of our Services is licensed, not sold, to you, and you may use the Services only as set forth in these Terms;
the use of the Services may be subject to separate third-party terms of service and fees, including, without limitation, terms of service and fees from your mobile network operator, including fees charged for data usage and overage, which are solely your responsibility;
you consent to the collection, use, and disclosure of your personally identifiable information in accordance with our Privacy Policy;
the Services are provided “as is” without warranties of any kind and our liability to you is limited;
disputes arising under these Terms will be resolved by binding arbitration, as described below.
API Terms
Customers may access their Service data via the Application Program Interface (“API”). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the Terms plus the following specific terms:
You may not sell, rent, lease, sublicense, redistribute, or syndicate access to our API.
You may not (i) access our API or documentation in violation of any law or regulation (ii) access our API in any manner that comprises, breaks, or circumvents any of our technical processes or security measures associated with the Services or in a way that poses a security vulnerability to customers or users of the Services (iii) access our API or documentation in order to replicate or compete with the Services (iv) attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how of our API or Services or (v) attempt to use our API in a manner that exceeds rate limits or constitutes excessive or abusive usage.
You expressly understand and agree that the Company shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
If we believe that there is a violation of the Terms that can simply be remedied by your modification or update of your usage, we will, in most cases ask you to take direct action rather than intervene. In some instances, we may directly step in and take what we determine to be appropriate action if you are not responsive, or if we believe there is a credible risk of harm to us, the Services, our customers, users, or any third parties.
Third-Party Software
The software you download in connection with any App consists of a package of components, including certain third-party software provided under separate license terms. Your use of the third-party software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third-party terms and nothing in these Terms is intended to impose further restrictions on your use of the third-party software.
Target Audience
The Services are not targeted toward, marketed to, or intended for use by anyone under the age of 18. We encourage parents to supervise their children’s digital activities and to consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also keep children from disclosing their name, address and other personal information without parental consent online.
If you are using the Services on behalf of any person, you represent and warrant that you are authorized to accept these Terms on such person’s behalf and that such person agrees to be responsible to us if you or such person violates these Terms.
Accounts and Account Security
Eligibility: You must be at least 18 years of age to use our Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from our Services; and (c) your registration and your use of the Services complies with all applicable laws and regulations. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity, organization, or company to these Terms and that you agree on behalf of that entity, organization, or company to be bound by these Terms.
Registration: Anyone who is otherwise eligible to use the Services in accordance with these Terms may browse the public-facing pages of the Services. But to use most features of the Services, you must create an account (“Account”). Each Organization will designate an administrator for that Organization’s Account (the “Administrator”). Each Administrator may authorize other individuals from the same Organization to create an Account associated with that Organization (those authorized individuals, “Authorized Users”). Organizations, Administrators, and Authorized Users are, collectively, “Registered Users” and Registered Users and non-Registered Users are, collectively, “Users.”
Account Security: Your Account is personal to you, and you may not share your Account information with, or allow access to your Account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you will use reasonable efforts to prevent unauthorized access to or use of the Services and to preserve the confidentiality of your username or email address and password, and any device that you use to access the Services. You are solely responsible for maintaining the confidentiality of your password. Note, if you write into customer support requesting assistance, we are able to reset or set specific passwords for you. However, after you are able to login successfully, we encourage you to change your password. If you have any reason to believe that your account credentials have been compromised or that your Account has been accessed by a third party, you will immediately notify Turf via e-mail at info@useturf.io. Please note that Turf is able to mask into your account to see your account’s perspective for customer support and moderation purposes. You will be solely responsible for the losses incurred by Turf. and others due to any unauthorized use of your Account.
Restrictions, Ownership, and License
The materials provided, contained in or made available for use in connection with the Services (collectively, the “Materials”) are protected by law, including, but not limited to Dutch and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Services are controlled and operated by Turf from its offices within the Netherlands. Turf makes no representation that any of the Services or Materials are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose and access any of the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Services and the Materials belong to Turf or the original creator of the material. Further, all names, designs, graphics, data, images, pictures, logos and icons on the Services and the Materials are proprietary information or proprietary marks of Turf or the original creator of the material. The compilation of all content, including the look and feel of the Services (including the Materials), is the exclusive property of Turf and is protected by Dutch copyright law, as applicable. Except as may be expressly provided herein, nothing contained in these Terms or elsewhere shall be construed as Turf conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights, to any of the Materials to you.
You are hereby granted a personal, non-exclusive, non-transferable, limited license to use the Services in accordance with these Terms. You are not allowed to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained directly from the Services (including the Materials). Further, you may not reproduce any part of the Services (including the Materials) and any such violation with respect to the Services will terminate the license(s) granted herein.
You also may not, without the permission of Turf, “mirror” any of the Materials on any other server. Any unauthorized use of any of the Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, and subject you to civil and criminal prosecution.
The following are the terms of idea submission under the Unsolicited Idea Submission Policy. All submissions, suggestions, ideas, artwork, or other information (the “Submission”), except your personal information, communicated to Turf through the Services become the sole and exclusive property of Turf. Turf is not required to treat any Submissions as confidential, and will not incur any liability as a result of any similarities that may appear in future Turf endeavors. Turf will have exclusive ownership of all present and future existing rights, including all commercial rights, to the Submission of every kind and nature in perpetuity throughout the universe, without acknowledgment or compensation to you. You acknowledge that you are responsible for whatever material you submit, and that you, not Turf, have full responsibility for the Submission, including its legality, reliability, appropriateness, novelty, and copyright.
Any Log data provided or made accessible by Customer to Turf or otherwise collected by Turf in the course of or in connection with the provision of the Support Services and/or Customer’s use thereof (collectively “Customer Data”) is and remains (as between the parties) the property of Customer. Customer, and not Turf, shall be responsible for the Customer Data as it was provided, transmitted, or made available by, or obtained from Customer, including with respect to the Customer Data accuracy, completeness, truthfulness, errors and omissions and/or infringement of intellectual property of any person.
Customer acknowledges and agrees that Turf may collect and process information regarding the configuration, performance, security, access to and use of the Services by Customer (“Usability Data”) for its internal business purposes including to develop, improve, support, secure and operate services and to fulfil legal obligations. The Usability Data and Turf use thereof will not identify any person, nor identify the Customer or Customer’s customers.
Turf has the right but not the obligation to monitor and edit or remove any activity or content. Turf takes no responsibility and assumes no liability for any content posted by you or any third party.
The trademarks, service marks, and logos, including but not limited to Turf’s name, logo, and all related names, logos, and service names, service marks, designs, and slogans (the “Trademarks”) used and displayed on the Services (including the Materials) are registered and unregistered Trademarks of Turf or others. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services (including the Materials), without the written permission of the Trademark owner. Turf’s Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without prior, written permission of Turf. Turf prohibits use of the Turf and/or Turf's logo as a “hot” link to any website, unless Turf first approves the establishment of such a link writing.
User Conduct
1. As a specific condition of your use of any of the Services, you explicitly agree not to (a) use any of the Services for any purpose that is unlawful or prohibited by these Terms; (b) intentionally submit or transmit inaccurate information through the Services; (c) impersonate or pretend to be anyone else while using the Services; (d) use the Services in any way that could damage, disable, overburden, or impair any of the Services, or interfere with anyone else’s use of any of the Services; (e) attempt to gain unauthorized access to Turf's computer systems or networks connected to Turf, through hacking, password mining or any other means; (f) attempt to reverse engineer any portion of any of the Services or attempt to infringe the intellectual property rights of others in any way; (g) obtain or attempt to obtain any materials or information through any means not intentionally made available through any of the Services; (h) attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access; (i) introduce any malicious or technologically harmful material into our Services; (j) develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services; and (k) use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms. You may not access the Services if You are a direct competitor of the Turf Group, except with Turf's prior written consent. You may not access the Services for competitive purposes.
Third-Party Content
The Services may contain links to or from third-party websites. Turf has no control over the content or privacy policies of third-party websites that you may link to from the Services or their advertisers. If you visit a linked website, be aware that the third party operating any such website may have access to any information you submit via that website. Turf is not responsible for any third party’s failure to establish or abide by its or our Privacy Policy. Check the privacy policy for each website that you visit prior to submitting any personal information. Links to third-party websites do not imply endorsement of the websites by Turf.
User Content
Your Content: If you are using the Services, you may be able to upload, post, or otherwise submit (“Submit”) content. Turf claims no ownership of your content. You or your third-party licensor, as applicable, retain all copyright, patent, and trademark rights to any company content that you post on or through the Services.
Messages: The Services may allow Registered Users to send messages (“Messages”) to other Registered Users. Turf may terminate the ability of a Registered User to send Messages at any time and for any reason, without notice or liability to that Registered User. If a Registered User sends you an objectionable Message, please notify us by sending an e-mail to info@useturf.io. You agree that Turf may monitor Messages for compliance with these Terms, and therefore, Messages are not confidential or proprietary and you understand that any information sent using Messages has been disclosed beyond the parties to the Messages.
Content Generally: All forms of content that Users share with one another or with Turf through our Services are collectively referred to as “User Content.”
Limited License Grant to Turf: You grant Turf a world-wide, non-exclusive, sublicensable, royalty-free, transferable, limited license to use, modify, host, store, remove, publish, perform, reproduce, transmit, or display User Content that you Submit to the Services in order to facilitate the display and use of Your Content in accordance with the applicable settings specified in your Account and the features of the Services you elect to utilize. Turf may use the content in an aggregated manner or for analytics purposes, but not in the manner that specifically identifies you. Turf will not intentionally display your content in a manner inconsistent with the applicable sharing settings in your Account or in a manner inconsistent with the published features of the applicable portions of the Services you utilize unless you tell us to.
Limited License Grant to Other Users: By posting or sharing User Content with other Users of the Services, you grant those Users a non-exclusive license to share that User Content with their employees, agents, representatives, and advisors, and to access and use that User Content as permitted by these Terms and the functionality of the Services.
Content Disclaimer: You understand that by using the Services, you may encounter data, information, applications, materials, and other content from third parties, including User Content from other Users (collectively, “Third-Party Materials”), and data, information, applications, materials and other content from Turf, that may contain errors, be offensive, indecent, or objectionable. You use the Services, and rely upon any Materials or Services, at your sole risk. Turf will not have any liability to you for any Materials may be found to be offensive, indecent, or that are inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality, or otherwise objectionable. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Turf may, however, at any time and without prior notice, screen, remove, edit, or block any User Content.
8. Turf WILL NOT SELL your personal information and data to any third party.
9. The buyers of our services (customers) have full responsibility for the lawful processing of the Customer Personal Data that has been entered into the SaaS platform.
10. The buyer of our services (customers) indemnifies Turf against all legal action by Third Parties, for whatever reason, in connection with the processing of the Customer Personal Data or the execution of the Agreement by the Customer.
11. The user of the Turf platform that joins any community agrees to share some of his personal information (e.g. name, email, job title) with the creator and moderators of the community.
12. Using the Services to send unsolicited or unauthorized bulk mail, junk mail, spam, other forms of duplicative or unsolicited messages, or messages that directly or indirectly support pyramid schemes or other fraudulent activities is prohibited.
13. As between You and Turf, You are responsible for compliance with the provisions of the Agreement by Admin users and End-Users and for any and all activities that occur under Your Account. Without limiting the foregoing, You are solely responsible for ensuring that the use of the Services to store and transmit Customer Personal Data is compliant with all applicable laws and regulations as well as any and all privacy policies, agreements or other obligations You may maintain or enter into with Admin users or End-Users.
14. You agree and acknowledge that each Admin user will be identified by a unique username and password (“Login”) and that an Admin user Login may only be used by one (1) individual. You will not share an Admin user Login among multiple individuals.
15. On the Effective Date the Hosting Provider is AWS.
Payment
1. All functionalities and features of the Service are paid functionalities (hereafter collectively referred to as “Functionalities”). You agree to pay the charge associated with the use of Functionalities within thirty (30) days. We may suspend or cancel your access to the Service if we do not receive such charge on time. Suspension or cancellation of your access to the Service for non-payment could result in a loss of access to and use of your Account, as well as loss of your User Content stored on the Service.
2. To pay the charges for Functionalities delivered through the Service, you will be asked to provide a payment method at the time you sign up for such Functionalities. You can access and change your billing account information and payment method by contacting Turf. You agree to keep this information current at all times.
3. By providing Turf with a payment method, you
(i) represent that you are authorized to use the payment method that you provided and that
any payment information you provide is true and accurate;
(ii) authorize Turf to charge you for the Functionalities using your payment method; and
(iii) authorize Turf to charge you for the Functionalities. We will bill you in advance of
each billing period and on a recurring basis. Typically, a billing period entails a month.
4. Subscription to our Service is automatically renewed each billing period. The charge for each billing period is based on the Functionalities of the Service you use in combination with other factors including, but not limited to, the number of community members and the number of admins/moderators. Calculation of the height of the charge is done automatically and can vary each billing period. More information on pricing can be found on our website. To end your subscription, you must cancel the Functionalities before the billing date to avoid being billed for the renewal. If you cancel your recurring payment option, your account will remain active until its next renewal date. In case of such cancellation, you will not be given any refund. If you delete your account before the end of the period for which you paid, your cancellation will take effect immediately. In case of deletion of your account, you will not be given any refund.
5. We will provide you with an invoice via email. You are also able to view these invoices in the subscription settings in the Service. If we make an error on your bill, you must tell us within thirty (30) days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we will not be required to correct the error or provide a refund. If Turf has identified a billing error, we will correct that error within thirty (30) days.
6. When you use Functionalities from us, you agree that we may begin to provide Functionalities immediately. You will not be entitled to a cancellation or “cooling off” period, except if the law requires a cooling off period. Payment for Functionalities (whether these are transactions or subscriptions) is non-refundable.
7. Turf may change the price of the Functionalities at any time and will notify you by email at least thirty (30) days before the price change. If you do not agree to the price change, you must cancel and stop using the Functionalities before the price change takes effect. If there is a fixed term and price for your Functionalities offer, that price will remain in force for the term.
8. You must pay for all reasonable costs we incur to collect any past due amounts. These include reasonable attorneys’ fees and other legal fees and costs, in event of default.
9. If Turf owes you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.
Revision Date, Modifications
These Terms are effective and were last updated as of the revision date at the beginning of these Terms. At any time, Turf may revise these Terms at our sole discretion. If we make changes, we will post the revised Terms, and update the revision date above. We may, but are not required to, notify you by sending an email notification to the address associated with your Account or providing notice through our Services. Revisions are effective and binding when posted on the Services. Any continued use of any of the Services following any revision means you agree to the revisions. Turf expressly reserves the right to terminate or discontinue any of the Services at any time and for any reason, with or without notice to you.[TP1]
Disclaimers
THE SERVICES AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES AND MATERIALS ARE FREE OF ERRORS; (B) DEFECTS WILL BE CORRECTED; (C) THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) INFORMATION COMMUNICATED THROUGH THE SERVICES ARE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO, RELIANCE ON, AND USE OF THE SERVICES OR ANY CONTENT THEREIN IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA. WITHOUT LIMITING THE FOREGOING, WE MAKES NO REPRESENTATION OR WARRANTY AS TO THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY OR FUNCTIONALITY OF THE SERVICES OR ANY CONTENT THEREON. WE WILL NOT BE LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA, THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT, OR FOR THE DELETION OF, OR THE FAILURE TO STORE. TURF MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THE SERVICES MAY NOT BE CONTINUOUSLY AVAILABLE DUE TO MAINTENANCE OR REPAIRS OR DUE TO COMPUTER PROBLEMS OR CRASHES, DISRUPTION IN INTERNET SERVICE OR OTHER UNFORESEEN CIRCUMSTANCES. THE SERVICES AND ASSOCIATED CONTENT ARE INTENDED FOR USE AND DISPLAY ONLY WHERE ITS USE AND DISPLAY ARE PERMISSIBLE IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
TURF DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS ON OR FROM ANY OF THE SERVICES AND CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD-PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITES OR MATERIALS PROVIDED, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS CONTAINED THEREIN, (C) THE UNAVAILABILITY OF ANY OF THE SERVICES OR ANY PORTION THEREOF, (D) YOUR USE OF ANY OF THE SERVICES, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH ANY OF THE SERVICES.
ANY DEALINGS WITH ANY THIRD PARTIES (INCLUDING ADVERTISERS AND/OR SPONSORS) APPEARING ON THE SITES OR MATERIALS PROVIDED OR MADE AVAILABLE IN CONNECTION WITH PARTICIPATION IN ANY OFFERINGS AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH ACTIVITIES ARE SOLELY BETWEEN YOU AND SUCH ADVERTISER OR OTHER THIRD PARTIES. WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING, AND WE DO NOT WARRANT THE OFFERINGS OF, ANY OF THESE BUSINESSES OR INDIVIDUALS OR THE CONTENT OF THEIR WEBSITES. BUBBLES DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS AND CONTENT OF ALL THESE AND ANY OTHER THIRD PARTIES. YOU SHOULD CAREFULLY REVIEW THEIR PRIVACY STATEMENTS OR POLICIES AND OTHER TERMS OR CONDITIONS OF USE OR SERVICE. TURF IS NOT RESPONSIBLE OR LIABLE TO ANY PARTY WHO PARTICIPATES IN ANY SUCH DEALINGS.
WE ATTEMPT TO DISPLAY THE MATERIALS AND INFORMATION YOU VIEW ON THE SERVICES AS ACCURATELY AS POSSIBLE. BUT WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION.
Limitation of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, MEMBERS, SHAREHOLDERS, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE SERVICES. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF FORSEEABLE, WILL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT YOU SPENT ON YOUR BUSINESS DEALINGS WITH US DURING THE MOST RECENT TWELVE-MONTH PERIOD, OR (II) IF YOU HAVE NOT PAID US, THE AMOUNT OF $100. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR ACCOUNT. CERTAIN APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Disputes with Third Parties
TURF IS NOT AFFILIATED WITH ANY NON-EMPLOYEE WORKER, BUYER, OR THIRD-PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY NON-EMPLOYEE WORKER, BUYER, THIRD-PARTY SERVICE, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND THAT THIRD PARTY, AND YOU IRREVOCABLY RELEASE BUBBLES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THOSE DISPUTES. YOU WILL TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH SHARING CONFIDENTIAL INFORMATION WITH ANY OTHER USER. SHOULD YOU PERFORM WORK AS AN INDEPENDENT CONTRACTOR FACILITATED BY TURF FOR A THIRD PARTY, YOU ACKNOWLEDGE THAT THE THIRD PARTY FOR WHOM YOU PERFORM SUCH WORK IS THE PARTY ULTIMATELY RESPONSIBLE FOR PAYING YOU FOR THAT WORK. SHOULD TURF NOT RECEIVE PAYMENT FROM THE THIRD PARTY, TURF RESERVES THE RIGHT TO REQUIRE YOU TO SEEK ANY REIMBURSEMENT FOR YOUR WORK DIRECTLY FROM THE THIRD PARTY. IN SUCH INSTANCE, YOU AGREE TO HOLD TURF HARMLESS AND RELEASE TURF FROM ANY ASSOCIATED CLAIMS.
Governing Law and Venue
Agreements between the Customer and Bubbles. B.V. ('Turf') in Europe are governed by Dutch law and are denominated in euros, unless stated otherwise. Each party to the Agreement recognizes the exclusive jurisdiction of the Courts of the Netherlands. All legal proceedings shall be conducted in English, or if applicable in Dutch.
Termination
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
Severability
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
Assignment
If Turf sells its assets to or is acquired by another company, or if it merges with another company, you, by using the Services, authorize Turf to assign the information you provided to Turf or that Turf collected while you used the Services.
Consent to Electronic Communication
By using the Services, you consent to receiving electronic communications from us regarding your Account, or for operational and informational purposes. You also agree that by using the Services, you affirmatively consent to Turf using electronic records or your digital signature to satisfy any statute, regulation, or rule of law requiring that such information be provided in writing and that you have not withdrawn such consent.
General
These Terms constitute the entire agreement between you and Turf relating to your access to and use of the Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Turf. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Turf's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
If you have any questions, comments or concerns about the Terms, you may contact us using the information provided below:
Bubbles. B.V. ('Turf')
Th.elsenstraat 37A
3417WX Montfoort
Utrecht
Legal
Terms & conditions
These Terms of Services was updated on and its effective date is: November 28, 2023
Turf ('Bubbles B.V.') is a customer community platform specifically for SaaS companies. It allows you to centralize all your customer processes in your community environment, engage your existing community members and grow your community, all natively on one platform.
These Terms of Services (these “Terms”) are a binding contract between you and Bubbles. B.V. (hereafter “we”, “us”, “our”, “Company”, or “Turf”). The Terms apply to your access to, and your use of our Turf Website (“Website”), https://useturf.io/, or our Turf Web Application (“App”) and other online products or services that link to these Terms (collectively, the “Services”) through our Website or App.
These Terms incorporate by reference our Privacy Policy, which you may find when you visit the Website or when you access our App.
Turf is dedicated to making the lives of the community team easier, by solving the low engagement problem in SaaS customer communities and giving the community team all the tools needed to measure and communicate the fruits of their labor. It allows SaaS companies to integrate their customer onboarding, direct support channels, knowledge base, help center, product feedback loops, and all other customer interaction moments in the environment where it benefits retention and support costs most; your customer community.
By accessing or using our Services, you thereby agree that you have read, understood, and agree or consent to be bound by these Terms and our Privacy Policy. If you do not agree with or consent to being bound any of the Terms or our Privacy Policy, you are not authorized to use our Services.
NOTE THAT THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
Summary of Material Terms
As provided in greater detail in these Terms (and without limiting the express language of these Terms), you acknowledge the following:
each component of our Services is licensed, not sold, to you, and you may use the Services only as set forth in these Terms;
the use of the Services may be subject to separate third-party terms of service and fees, including, without limitation, terms of service and fees from your mobile network operator, including fees charged for data usage and overage, which are solely your responsibility;
you consent to the collection, use, and disclosure of your personally identifiable information in accordance with our Privacy Policy;
the Services are provided “as is” without warranties of any kind and our liability to you is limited;
disputes arising under these Terms will be resolved by binding arbitration, as described below.
API Terms
Customers may access their Service data via the Application Program Interface (“API”). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the Terms plus the following specific terms:
You may not sell, rent, lease, sublicense, redistribute, or syndicate access to our API.
You may not (i) access our API or documentation in violation of any law or regulation (ii) access our API in any manner that comprises, breaks, or circumvents any of our technical processes or security measures associated with the Services or in a way that poses a security vulnerability to customers or users of the Services (iii) access our API or documentation in order to replicate or compete with the Services (iv) attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how of our API or Services or (v) attempt to use our API in a manner that exceeds rate limits or constitutes excessive or abusive usage.
You expressly understand and agree that the Company shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
If we believe that there is a violation of the Terms that can simply be remedied by your modification or update of your usage, we will, in most cases ask you to take direct action rather than intervene. In some instances, we may directly step in and take what we determine to be appropriate action if you are not responsive, or if we believe there is a credible risk of harm to us, the Services, our customers, users, or any third parties.
Third-Party Software
The software you download in connection with any App consists of a package of components, including certain third-party software provided under separate license terms. Your use of the third-party software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third-party terms and nothing in these Terms is intended to impose further restrictions on your use of the third-party software.
Target Audience
The Services are not targeted toward, marketed to, or intended for use by anyone under the age of 18. We encourage parents to supervise their children’s digital activities and to consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also keep children from disclosing their name, address and other personal information without parental consent online.
If you are using the Services on behalf of any person, you represent and warrant that you are authorized to accept these Terms on such person’s behalf and that such person agrees to be responsible to us if you or such person violates these Terms.
Accounts and Account Security
Eligibility: You must be at least 18 years of age to use our Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from our Services; and (c) your registration and your use of the Services complies with all applicable laws and regulations. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity, organization, or company to these Terms and that you agree on behalf of that entity, organization, or company to be bound by these Terms.
Registration: Anyone who is otherwise eligible to use the Services in accordance with these Terms may browse the public-facing pages of the Services. But to use most features of the Services, you must create an account (“Account”). Each Organization will designate an administrator for that Organization’s Account (the “Administrator”). Each Administrator may authorize other individuals from the same Organization to create an Account associated with that Organization (those authorized individuals, “Authorized Users”). Organizations, Administrators, and Authorized Users are, collectively, “Registered Users” and Registered Users and non-Registered Users are, collectively, “Users.”
Account Security: Your Account is personal to you, and you may not share your Account information with, or allow access to your Account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you will use reasonable efforts to prevent unauthorized access to or use of the Services and to preserve the confidentiality of your username or email address and password, and any device that you use to access the Services. You are solely responsible for maintaining the confidentiality of your password. Note, if you write into customer support requesting assistance, we are able to reset or set specific passwords for you. However, after you are able to login successfully, we encourage you to change your password. If you have any reason to believe that your account credentials have been compromised or that your Account has been accessed by a third party, you will immediately notify Turf via e-mail at info@useturf.io. Please note that Turf is able to mask into your account to see your account’s perspective for customer support and moderation purposes. You will be solely responsible for the losses incurred by Turf. and others due to any unauthorized use of your Account.
Restrictions, Ownership, and License
The materials provided, contained in or made available for use in connection with the Services (collectively, the “Materials”) are protected by law, including, but not limited to Dutch and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Services are controlled and operated by Turf from its offices within the Netherlands. Turf makes no representation that any of the Services or Materials are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose and access any of the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Services and the Materials belong to Turf or the original creator of the material. Further, all names, designs, graphics, data, images, pictures, logos and icons on the Services and the Materials are proprietary information or proprietary marks of Turf or the original creator of the material. The compilation of all content, including the look and feel of the Services (including the Materials), is the exclusive property of Turf and is protected by Dutch copyright law, as applicable. Except as may be expressly provided herein, nothing contained in these Terms or elsewhere shall be construed as Turf conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights, to any of the Materials to you.
You are hereby granted a personal, non-exclusive, non-transferable, limited license to use the Services in accordance with these Terms. You are not allowed to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained directly from the Services (including the Materials). Further, you may not reproduce any part of the Services (including the Materials) and any such violation with respect to the Services will terminate the license(s) granted herein.
You also may not, without the permission of Turf, “mirror” any of the Materials on any other server. Any unauthorized use of any of the Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, and subject you to civil and criminal prosecution.
The following are the terms of idea submission under the Unsolicited Idea Submission Policy. All submissions, suggestions, ideas, artwork, or other information (the “Submission”), except your personal information, communicated to Turf through the Services become the sole and exclusive property of Turf. Turf is not required to treat any Submissions as confidential, and will not incur any liability as a result of any similarities that may appear in future Turf endeavors. Turf will have exclusive ownership of all present and future existing rights, including all commercial rights, to the Submission of every kind and nature in perpetuity throughout the universe, without acknowledgment or compensation to you. You acknowledge that you are responsible for whatever material you submit, and that you, not Turf, have full responsibility for the Submission, including its legality, reliability, appropriateness, novelty, and copyright.
Any Log data provided or made accessible by Customer to Turf or otherwise collected by Turf in the course of or in connection with the provision of the Support Services and/or Customer’s use thereof (collectively “Customer Data”) is and remains (as between the parties) the property of Customer. Customer, and not Turf, shall be responsible for the Customer Data as it was provided, transmitted, or made available by, or obtained from Customer, including with respect to the Customer Data accuracy, completeness, truthfulness, errors and omissions and/or infringement of intellectual property of any person.
Customer acknowledges and agrees that Turf may collect and process information regarding the configuration, performance, security, access to and use of the Services by Customer (“Usability Data”) for its internal business purposes including to develop, improve, support, secure and operate services and to fulfil legal obligations. The Usability Data and Turf use thereof will not identify any person, nor identify the Customer or Customer’s customers.
Turf has the right but not the obligation to monitor and edit or remove any activity or content. Turf takes no responsibility and assumes no liability for any content posted by you or any third party.
The trademarks, service marks, and logos, including but not limited to Turf’s name, logo, and all related names, logos, and service names, service marks, designs, and slogans (the “Trademarks”) used and displayed on the Services (including the Materials) are registered and unregistered Trademarks of Turf or others. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services (including the Materials), without the written permission of the Trademark owner. Turf’s Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without prior, written permission of Turf. Turf prohibits use of the Turf and/or Turf's logo as a “hot” link to any website, unless Turf first approves the establishment of such a link writing.
User Conduct
1. As a specific condition of your use of any of the Services, you explicitly agree not to (a) use any of the Services for any purpose that is unlawful or prohibited by these Terms; (b) intentionally submit or transmit inaccurate information through the Services; (c) impersonate or pretend to be anyone else while using the Services; (d) use the Services in any way that could damage, disable, overburden, or impair any of the Services, or interfere with anyone else’s use of any of the Services; (e) attempt to gain unauthorized access to Turf's computer systems or networks connected to Turf, through hacking, password mining or any other means; (f) attempt to reverse engineer any portion of any of the Services or attempt to infringe the intellectual property rights of others in any way; (g) obtain or attempt to obtain any materials or information through any means not intentionally made available through any of the Services; (h) attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access; (i) introduce any malicious or technologically harmful material into our Services; (j) develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services; and (k) use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms. You may not access the Services if You are a direct competitor of the Turf Group, except with Turf's prior written consent. You may not access the Services for competitive purposes.
Third-Party Content
The Services may contain links to or from third-party websites. Turf has no control over the content or privacy policies of third-party websites that you may link to from the Services or their advertisers. If you visit a linked website, be aware that the third party operating any such website may have access to any information you submit via that website. Turf is not responsible for any third party’s failure to establish or abide by its or our Privacy Policy. Check the privacy policy for each website that you visit prior to submitting any personal information. Links to third-party websites do not imply endorsement of the websites by Turf.
User Content
Your Content: If you are using the Services, you may be able to upload, post, or otherwise submit (“Submit”) content. Turf claims no ownership of your content. You or your third-party licensor, as applicable, retain all copyright, patent, and trademark rights to any company content that you post on or through the Services.
Messages: The Services may allow Registered Users to send messages (“Messages”) to other Registered Users. Turf may terminate the ability of a Registered User to send Messages at any time and for any reason, without notice or liability to that Registered User. If a Registered User sends you an objectionable Message, please notify us by sending an e-mail to info@useturf.io. You agree that Turf may monitor Messages for compliance with these Terms, and therefore, Messages are not confidential or proprietary and you understand that any information sent using Messages has been disclosed beyond the parties to the Messages.
Content Generally: All forms of content that Users share with one another or with Turf through our Services are collectively referred to as “User Content.”
Limited License Grant to Turf: You grant Turf a world-wide, non-exclusive, sublicensable, royalty-free, transferable, limited license to use, modify, host, store, remove, publish, perform, reproduce, transmit, or display User Content that you Submit to the Services in order to facilitate the display and use of Your Content in accordance with the applicable settings specified in your Account and the features of the Services you elect to utilize. Turf may use the content in an aggregated manner or for analytics purposes, but not in the manner that specifically identifies you. Turf will not intentionally display your content in a manner inconsistent with the applicable sharing settings in your Account or in a manner inconsistent with the published features of the applicable portions of the Services you utilize unless you tell us to.
Limited License Grant to Other Users: By posting or sharing User Content with other Users of the Services, you grant those Users a non-exclusive license to share that User Content with their employees, agents, representatives, and advisors, and to access and use that User Content as permitted by these Terms and the functionality of the Services.
Content Disclaimer: You understand that by using the Services, you may encounter data, information, applications, materials, and other content from third parties, including User Content from other Users (collectively, “Third-Party Materials”), and data, information, applications, materials and other content from Turf, that may contain errors, be offensive, indecent, or objectionable. You use the Services, and rely upon any Materials or Services, at your sole risk. Turf will not have any liability to you for any Materials may be found to be offensive, indecent, or that are inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality, or otherwise objectionable. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Turf may, however, at any time and without prior notice, screen, remove, edit, or block any User Content.
8. Turf WILL NOT SELL your personal information and data to any third party.
9. The buyers of our services (customers) have full responsibility for the lawful processing of the Customer Personal Data that has been entered into the SaaS platform.
10. The buyer of our services (customers) indemnifies Turf against all legal action by Third Parties, for whatever reason, in connection with the processing of the Customer Personal Data or the execution of the Agreement by the Customer.
11. The user of the Turf platform that joins any community agrees to share some of his personal information (e.g. name, email, job title) with the creator and moderators of the community.
12. Using the Services to send unsolicited or unauthorized bulk mail, junk mail, spam, other forms of duplicative or unsolicited messages, or messages that directly or indirectly support pyramid schemes or other fraudulent activities is prohibited.
13. As between You and Turf, You are responsible for compliance with the provisions of the Agreement by Admin users and End-Users and for any and all activities that occur under Your Account. Without limiting the foregoing, You are solely responsible for ensuring that the use of the Services to store and transmit Customer Personal Data is compliant with all applicable laws and regulations as well as any and all privacy policies, agreements or other obligations You may maintain or enter into with Admin users or End-Users.
14. You agree and acknowledge that each Admin user will be identified by a unique username and password (“Login”) and that an Admin user Login may only be used by one (1) individual. You will not share an Admin user Login among multiple individuals.
15. On the Effective Date the Hosting Provider is AWS.
Payment
1. All functionalities and features of the Service are paid functionalities (hereafter collectively referred to as “Functionalities”). You agree to pay the charge associated with the use of Functionalities within thirty (30) days. We may suspend or cancel your access to the Service if we do not receive such charge on time. Suspension or cancellation of your access to the Service for non-payment could result in a loss of access to and use of your Account, as well as loss of your User Content stored on the Service.
2. To pay the charges for Functionalities delivered through the Service, you will be asked to provide a payment method at the time you sign up for such Functionalities. You can access and change your billing account information and payment method by contacting Turf. You agree to keep this information current at all times.
3. By providing Turf with a payment method, you
(i) represent that you are authorized to use the payment method that you provided and that
any payment information you provide is true and accurate;
(ii) authorize Turf to charge you for the Functionalities using your payment method; and
(iii) authorize Turf to charge you for the Functionalities. We will bill you in advance of
each billing period and on a recurring basis. Typically, a billing period entails a month.
4. Subscription to our Service is automatically renewed each billing period. The charge for each billing period is based on the Functionalities of the Service you use in combination with other factors including, but not limited to, the number of community members and the number of admins/moderators. Calculation of the height of the charge is done automatically and can vary each billing period. More information on pricing can be found on our website. To end your subscription, you must cancel the Functionalities before the billing date to avoid being billed for the renewal. If you cancel your recurring payment option, your account will remain active until its next renewal date. In case of such cancellation, you will not be given any refund. If you delete your account before the end of the period for which you paid, your cancellation will take effect immediately. In case of deletion of your account, you will not be given any refund.
5. We will provide you with an invoice via email. You are also able to view these invoices in the subscription settings in the Service. If we make an error on your bill, you must tell us within thirty (30) days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we will not be required to correct the error or provide a refund. If Turf has identified a billing error, we will correct that error within thirty (30) days.
6. When you use Functionalities from us, you agree that we may begin to provide Functionalities immediately. You will not be entitled to a cancellation or “cooling off” period, except if the law requires a cooling off period. Payment for Functionalities (whether these are transactions or subscriptions) is non-refundable.
7. Turf may change the price of the Functionalities at any time and will notify you by email at least thirty (30) days before the price change. If you do not agree to the price change, you must cancel and stop using the Functionalities before the price change takes effect. If there is a fixed term and price for your Functionalities offer, that price will remain in force for the term.
8. You must pay for all reasonable costs we incur to collect any past due amounts. These include reasonable attorneys’ fees and other legal fees and costs, in event of default.
9. If Turf owes you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.
Revision Date, Modifications
These Terms are effective and were last updated as of the revision date at the beginning of these Terms. At any time, Turf may revise these Terms at our sole discretion. If we make changes, we will post the revised Terms, and update the revision date above. We may, but are not required to, notify you by sending an email notification to the address associated with your Account or providing notice through our Services. Revisions are effective and binding when posted on the Services. Any continued use of any of the Services following any revision means you agree to the revisions. Turf expressly reserves the right to terminate or discontinue any of the Services at any time and for any reason, with or without notice to you.[TP1]
Disclaimers
THE SERVICES AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES AND MATERIALS ARE FREE OF ERRORS; (B) DEFECTS WILL BE CORRECTED; (C) THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) INFORMATION COMMUNICATED THROUGH THE SERVICES ARE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO, RELIANCE ON, AND USE OF THE SERVICES OR ANY CONTENT THEREIN IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA. WITHOUT LIMITING THE FOREGOING, WE MAKES NO REPRESENTATION OR WARRANTY AS TO THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY OR FUNCTIONALITY OF THE SERVICES OR ANY CONTENT THEREON. WE WILL NOT BE LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA, THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT, OR FOR THE DELETION OF, OR THE FAILURE TO STORE. TURF MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THE SERVICES MAY NOT BE CONTINUOUSLY AVAILABLE DUE TO MAINTENANCE OR REPAIRS OR DUE TO COMPUTER PROBLEMS OR CRASHES, DISRUPTION IN INTERNET SERVICE OR OTHER UNFORESEEN CIRCUMSTANCES. THE SERVICES AND ASSOCIATED CONTENT ARE INTENDED FOR USE AND DISPLAY ONLY WHERE ITS USE AND DISPLAY ARE PERMISSIBLE IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
TURF DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS ON OR FROM ANY OF THE SERVICES AND CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD-PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITES OR MATERIALS PROVIDED, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS CONTAINED THEREIN, (C) THE UNAVAILABILITY OF ANY OF THE SERVICES OR ANY PORTION THEREOF, (D) YOUR USE OF ANY OF THE SERVICES, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH ANY OF THE SERVICES.
ANY DEALINGS WITH ANY THIRD PARTIES (INCLUDING ADVERTISERS AND/OR SPONSORS) APPEARING ON THE SITES OR MATERIALS PROVIDED OR MADE AVAILABLE IN CONNECTION WITH PARTICIPATION IN ANY OFFERINGS AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH ACTIVITIES ARE SOLELY BETWEEN YOU AND SUCH ADVERTISER OR OTHER THIRD PARTIES. WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING, AND WE DO NOT WARRANT THE OFFERINGS OF, ANY OF THESE BUSINESSES OR INDIVIDUALS OR THE CONTENT OF THEIR WEBSITES. BUBBLES DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS AND CONTENT OF ALL THESE AND ANY OTHER THIRD PARTIES. YOU SHOULD CAREFULLY REVIEW THEIR PRIVACY STATEMENTS OR POLICIES AND OTHER TERMS OR CONDITIONS OF USE OR SERVICE. TURF IS NOT RESPONSIBLE OR LIABLE TO ANY PARTY WHO PARTICIPATES IN ANY SUCH DEALINGS.
WE ATTEMPT TO DISPLAY THE MATERIALS AND INFORMATION YOU VIEW ON THE SERVICES AS ACCURATELY AS POSSIBLE. BUT WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION.
Limitation of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, MEMBERS, SHAREHOLDERS, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE SERVICES. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF FORSEEABLE, WILL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT YOU SPENT ON YOUR BUSINESS DEALINGS WITH US DURING THE MOST RECENT TWELVE-MONTH PERIOD, OR (II) IF YOU HAVE NOT PAID US, THE AMOUNT OF $100. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR ACCOUNT. CERTAIN APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Disputes with Third Parties
TURF IS NOT AFFILIATED WITH ANY NON-EMPLOYEE WORKER, BUYER, OR THIRD-PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY NON-EMPLOYEE WORKER, BUYER, THIRD-PARTY SERVICE, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND THAT THIRD PARTY, AND YOU IRREVOCABLY RELEASE BUBBLES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THOSE DISPUTES. YOU WILL TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH SHARING CONFIDENTIAL INFORMATION WITH ANY OTHER USER. SHOULD YOU PERFORM WORK AS AN INDEPENDENT CONTRACTOR FACILITATED BY TURF FOR A THIRD PARTY, YOU ACKNOWLEDGE THAT THE THIRD PARTY FOR WHOM YOU PERFORM SUCH WORK IS THE PARTY ULTIMATELY RESPONSIBLE FOR PAYING YOU FOR THAT WORK. SHOULD TURF NOT RECEIVE PAYMENT FROM THE THIRD PARTY, TURF RESERVES THE RIGHT TO REQUIRE YOU TO SEEK ANY REIMBURSEMENT FOR YOUR WORK DIRECTLY FROM THE THIRD PARTY. IN SUCH INSTANCE, YOU AGREE TO HOLD TURF HARMLESS AND RELEASE TURF FROM ANY ASSOCIATED CLAIMS.
Governing Law and Venue
Agreements between the Customer and Bubbles. B.V. ('Turf') in Europe are governed by Dutch law and are denominated in euros, unless stated otherwise. Each party to the Agreement recognizes the exclusive jurisdiction of the Courts of the Netherlands. All legal proceedings shall be conducted in English, or if applicable in Dutch.
Termination
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
Severability
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
Assignment
If Turf sells its assets to or is acquired by another company, or if it merges with another company, you, by using the Services, authorize Turf to assign the information you provided to Turf or that Turf collected while you used the Services.
Consent to Electronic Communication
By using the Services, you consent to receiving electronic communications from us regarding your Account, or for operational and informational purposes. You also agree that by using the Services, you affirmatively consent to Turf using electronic records or your digital signature to satisfy any statute, regulation, or rule of law requiring that such information be provided in writing and that you have not withdrawn such consent.
General
These Terms constitute the entire agreement between you and Turf relating to your access to and use of the Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Turf. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Turf's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
If you have any questions, comments or concerns about the Terms, you may contact us using the information provided below:
Bubbles. B.V. ('Turf')
Th.elsenstraat 37A
3417WX Montfoort
Utrecht
Legal
Terms & conditions
These Terms of Services was updated on and its effective date is: November 28, 2023
Turf ('Bubbles B.V.') is a customer community platform specifically for SaaS companies. It allows you to centralize all your customer processes in your community environment, engage your existing community members and grow your community, all natively on one platform.
These Terms of Services (these “Terms”) are a binding contract between you and Bubbles. B.V. (hereafter “we”, “us”, “our”, “Company”, or “Turf”). The Terms apply to your access to, and your use of our Turf Website (“Website”), https://useturf.io/, or our Turf Web Application (“App”) and other online products or services that link to these Terms (collectively, the “Services”) through our Website or App.
These Terms incorporate by reference our Privacy Policy, which you may find when you visit the Website or when you access our App.
Turf is dedicated to making the lives of the community team easier, by solving the low engagement problem in SaaS customer communities and giving the community team all the tools needed to measure and communicate the fruits of their labor. It allows SaaS companies to integrate their customer onboarding, direct support channels, knowledge base, help center, product feedback loops, and all other customer interaction moments in the environment where it benefits retention and support costs most; your customer community.
By accessing or using our Services, you thereby agree that you have read, understood, and agree or consent to be bound by these Terms and our Privacy Policy. If you do not agree with or consent to being bound any of the Terms or our Privacy Policy, you are not authorized to use our Services.
NOTE THAT THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.
Summary of Material Terms
As provided in greater detail in these Terms (and without limiting the express language of these Terms), you acknowledge the following:
each component of our Services is licensed, not sold, to you, and you may use the Services only as set forth in these Terms;
the use of the Services may be subject to separate third-party terms of service and fees, including, without limitation, terms of service and fees from your mobile network operator, including fees charged for data usage and overage, which are solely your responsibility;
you consent to the collection, use, and disclosure of your personally identifiable information in accordance with our Privacy Policy;
the Services are provided “as is” without warranties of any kind and our liability to you is limited;
disputes arising under these Terms will be resolved by binding arbitration, as described below.
API Terms
Customers may access their Service data via the Application Program Interface (“API”). Any use of the API, including use of the API through a third-party product that accesses the Service, is bound by the Terms plus the following specific terms:
You may not sell, rent, lease, sublicense, redistribute, or syndicate access to our API.
You may not (i) access our API or documentation in violation of any law or regulation (ii) access our API in any manner that comprises, breaks, or circumvents any of our technical processes or security measures associated with the Services or in a way that poses a security vulnerability to customers or users of the Services (iii) access our API or documentation in order to replicate or compete with the Services (iv) attempt to reverse engineer or otherwise derive source code, trade secrets, or know-how of our API or Services or (v) attempt to use our API in a manner that exceeds rate limits or constitutes excessive or abusive usage.
You expressly understand and agree that the Company shall not be liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
If we believe that there is a violation of the Terms that can simply be remedied by your modification or update of your usage, we will, in most cases ask you to take direct action rather than intervene. In some instances, we may directly step in and take what we determine to be appropriate action if you are not responsive, or if we believe there is a credible risk of harm to us, the Services, our customers, users, or any third parties.
Third-Party Software
The software you download in connection with any App consists of a package of components, including certain third-party software provided under separate license terms. Your use of the third-party software in conjunction with the App in a manner consistent with the terms of these Terms is permitted, however, you may have broader rights under the applicable third-party terms and nothing in these Terms is intended to impose further restrictions on your use of the third-party software.
Target Audience
The Services are not targeted toward, marketed to, or intended for use by anyone under the age of 18. We encourage parents to supervise their children’s digital activities and to consider using parental control tools available from online services and software manufacturers that help provide a child-friendly online environment. These tools can also keep children from disclosing their name, address and other personal information without parental consent online.
If you are using the Services on behalf of any person, you represent and warrant that you are authorized to accept these Terms on such person’s behalf and that such person agrees to be responsible to us if you or such person violates these Terms.
Accounts and Account Security
Eligibility: You must be at least 18 years of age to use our Services. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18 years of age; (b) you have not previously been suspended or removed from our Services; and (c) your registration and your use of the Services complies with all applicable laws and regulations. If you are using the Services on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity, organization, or company to these Terms and that you agree on behalf of that entity, organization, or company to be bound by these Terms.
Registration: Anyone who is otherwise eligible to use the Services in accordance with these Terms may browse the public-facing pages of the Services. But to use most features of the Services, you must create an account (“Account”). Each Organization will designate an administrator for that Organization’s Account (the “Administrator”). Each Administrator may authorize other individuals from the same Organization to create an Account associated with that Organization (those authorized individuals, “Authorized Users”). Organizations, Administrators, and Authorized Users are, collectively, “Registered Users” and Registered Users and non-Registered Users are, collectively, “Users.”
Account Security: Your Account is personal to you, and you may not share your Account information with, or allow access to your Account by, any third party. As you will be responsible for all activity that occurs under your access credentials, you will use reasonable efforts to prevent unauthorized access to or use of the Services and to preserve the confidentiality of your username or email address and password, and any device that you use to access the Services. You are solely responsible for maintaining the confidentiality of your password. Note, if you write into customer support requesting assistance, we are able to reset or set specific passwords for you. However, after you are able to login successfully, we encourage you to change your password. If you have any reason to believe that your account credentials have been compromised or that your Account has been accessed by a third party, you will immediately notify Turf via e-mail at info@useturf.io. Please note that Turf is able to mask into your account to see your account’s perspective for customer support and moderation purposes. You will be solely responsible for the losses incurred by Turf. and others due to any unauthorized use of your Account.
Restrictions, Ownership, and License
The materials provided, contained in or made available for use in connection with the Services (collectively, the “Materials”) are protected by law, including, but not limited to Dutch and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. The Services are controlled and operated by Turf from its offices within the Netherlands. Turf makes no representation that any of the Services or Materials are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is prohibited. Those who choose and access any of the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
All rights, title and interest (including all copyrights, trademarks and other intellectual property rights) in the Services and the Materials belong to Turf or the original creator of the material. Further, all names, designs, graphics, data, images, pictures, logos and icons on the Services and the Materials are proprietary information or proprietary marks of Turf or the original creator of the material. The compilation of all content, including the look and feel of the Services (including the Materials), is the exclusive property of Turf and is protected by Dutch copyright law, as applicable. Except as may be expressly provided herein, nothing contained in these Terms or elsewhere shall be construed as Turf conferring any license or right, by implication, estoppels or otherwise, under copyright, trademark or other intellectual property rights, to any of the Materials to you.
You are hereby granted a personal, non-exclusive, non-transferable, limited license to use the Services in accordance with these Terms. You are not allowed to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any information obtained directly from the Services (including the Materials). Further, you may not reproduce any part of the Services (including the Materials) and any such violation with respect to the Services will terminate the license(s) granted herein.
You also may not, without the permission of Turf, “mirror” any of the Materials on any other server. Any unauthorized use of any of the Materials may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes, and subject you to civil and criminal prosecution.
The following are the terms of idea submission under the Unsolicited Idea Submission Policy. All submissions, suggestions, ideas, artwork, or other information (the “Submission”), except your personal information, communicated to Turf through the Services become the sole and exclusive property of Turf. Turf is not required to treat any Submissions as confidential, and will not incur any liability as a result of any similarities that may appear in future Turf endeavors. Turf will have exclusive ownership of all present and future existing rights, including all commercial rights, to the Submission of every kind and nature in perpetuity throughout the universe, without acknowledgment or compensation to you. You acknowledge that you are responsible for whatever material you submit, and that you, not Turf, have full responsibility for the Submission, including its legality, reliability, appropriateness, novelty, and copyright.
Any Log data provided or made accessible by Customer to Turf or otherwise collected by Turf in the course of or in connection with the provision of the Support Services and/or Customer’s use thereof (collectively “Customer Data”) is and remains (as between the parties) the property of Customer. Customer, and not Turf, shall be responsible for the Customer Data as it was provided, transmitted, or made available by, or obtained from Customer, including with respect to the Customer Data accuracy, completeness, truthfulness, errors and omissions and/or infringement of intellectual property of any person.
Customer acknowledges and agrees that Turf may collect and process information regarding the configuration, performance, security, access to and use of the Services by Customer (“Usability Data”) for its internal business purposes including to develop, improve, support, secure and operate services and to fulfil legal obligations. The Usability Data and Turf use thereof will not identify any person, nor identify the Customer or Customer’s customers.
Turf has the right but not the obligation to monitor and edit or remove any activity or content. Turf takes no responsibility and assumes no liability for any content posted by you or any third party.
The trademarks, service marks, and logos, including but not limited to Turf’s name, logo, and all related names, logos, and service names, service marks, designs, and slogans (the “Trademarks”) used and displayed on the Services (including the Materials) are registered and unregistered Trademarks of Turf or others. Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Services (including the Materials), without the written permission of the Trademark owner. Turf’s Trademarks may not be used in any way, including in advertising or publicity pertaining to distribution of materials on the Services, without prior, written permission of Turf. Turf prohibits use of the Turf and/or Turf's logo as a “hot” link to any website, unless Turf first approves the establishment of such a link writing.
User Conduct
1. As a specific condition of your use of any of the Services, you explicitly agree not to (a) use any of the Services for any purpose that is unlawful or prohibited by these Terms; (b) intentionally submit or transmit inaccurate information through the Services; (c) impersonate or pretend to be anyone else while using the Services; (d) use the Services in any way that could damage, disable, overburden, or impair any of the Services, or interfere with anyone else’s use of any of the Services; (e) attempt to gain unauthorized access to Turf's computer systems or networks connected to Turf, through hacking, password mining or any other means; (f) attempt to reverse engineer any portion of any of the Services or attempt to infringe the intellectual property rights of others in any way; (g) obtain or attempt to obtain any materials or information through any means not intentionally made available through any of the Services; (h) attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access; (i) introduce any malicious or technologically harmful material into our Services; (j) develop or use any third-party applications that interact with our Services without our prior written consent, including any scripts designed to scrape or extract data from our Services; and (k) use our Services for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms. You may not access the Services if You are a direct competitor of the Turf Group, except with Turf's prior written consent. You may not access the Services for competitive purposes.
Third-Party Content
The Services may contain links to or from third-party websites. Turf has no control over the content or privacy policies of third-party websites that you may link to from the Services or their advertisers. If you visit a linked website, be aware that the third party operating any such website may have access to any information you submit via that website. Turf is not responsible for any third party’s failure to establish or abide by its or our Privacy Policy. Check the privacy policy for each website that you visit prior to submitting any personal information. Links to third-party websites do not imply endorsement of the websites by Turf.
User Content
Your Content: If you are using the Services, you may be able to upload, post, or otherwise submit (“Submit”) content. Turf claims no ownership of your content. You or your third-party licensor, as applicable, retain all copyright, patent, and trademark rights to any company content that you post on or through the Services.
Messages: The Services may allow Registered Users to send messages (“Messages”) to other Registered Users. Turf may terminate the ability of a Registered User to send Messages at any time and for any reason, without notice or liability to that Registered User. If a Registered User sends you an objectionable Message, please notify us by sending an e-mail to info@useturf.io. You agree that Turf may monitor Messages for compliance with these Terms, and therefore, Messages are not confidential or proprietary and you understand that any information sent using Messages has been disclosed beyond the parties to the Messages.
Content Generally: All forms of content that Users share with one another or with Turf through our Services are collectively referred to as “User Content.”
Limited License Grant to Turf: You grant Turf a world-wide, non-exclusive, sublicensable, royalty-free, transferable, limited license to use, modify, host, store, remove, publish, perform, reproduce, transmit, or display User Content that you Submit to the Services in order to facilitate the display and use of Your Content in accordance with the applicable settings specified in your Account and the features of the Services you elect to utilize. Turf may use the content in an aggregated manner or for analytics purposes, but not in the manner that specifically identifies you. Turf will not intentionally display your content in a manner inconsistent with the applicable sharing settings in your Account or in a manner inconsistent with the published features of the applicable portions of the Services you utilize unless you tell us to.
Limited License Grant to Other Users: By posting or sharing User Content with other Users of the Services, you grant those Users a non-exclusive license to share that User Content with their employees, agents, representatives, and advisors, and to access and use that User Content as permitted by these Terms and the functionality of the Services.
Content Disclaimer: You understand that by using the Services, you may encounter data, information, applications, materials, and other content from third parties, including User Content from other Users (collectively, “Third-Party Materials”), and data, information, applications, materials and other content from Turf, that may contain errors, be offensive, indecent, or objectionable. You use the Services, and rely upon any Materials or Services, at your sole risk. Turf will not have any liability to you for any Materials may be found to be offensive, indecent, or that are inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality, or otherwise objectionable. We are under no obligation to edit or control User Content that you or other users post or publish, and will not be in any way responsible or liable for User Content. Turf may, however, at any time and without prior notice, screen, remove, edit, or block any User Content.
8. Turf WILL NOT SELL your personal information and data to any third party.
9. The buyers of our services (customers) have full responsibility for the lawful processing of the Customer Personal Data that has been entered into the SaaS platform.
10. The buyer of our services (customers) indemnifies Turf against all legal action by Third Parties, for whatever reason, in connection with the processing of the Customer Personal Data or the execution of the Agreement by the Customer.
11. The user of the Turf platform that joins any community agrees to share some of his personal information (e.g. name, email, job title) with the creator and moderators of the community.
12. Using the Services to send unsolicited or unauthorized bulk mail, junk mail, spam, other forms of duplicative or unsolicited messages, or messages that directly or indirectly support pyramid schemes or other fraudulent activities is prohibited.
13. As between You and Turf, You are responsible for compliance with the provisions of the Agreement by Admin users and End-Users and for any and all activities that occur under Your Account. Without limiting the foregoing, You are solely responsible for ensuring that the use of the Services to store and transmit Customer Personal Data is compliant with all applicable laws and regulations as well as any and all privacy policies, agreements or other obligations You may maintain or enter into with Admin users or End-Users.
14. You agree and acknowledge that each Admin user will be identified by a unique username and password (“Login”) and that an Admin user Login may only be used by one (1) individual. You will not share an Admin user Login among multiple individuals.
15. On the Effective Date the Hosting Provider is AWS.
Payment
1. All functionalities and features of the Service are paid functionalities (hereafter collectively referred to as “Functionalities”). You agree to pay the charge associated with the use of Functionalities within thirty (30) days. We may suspend or cancel your access to the Service if we do not receive such charge on time. Suspension or cancellation of your access to the Service for non-payment could result in a loss of access to and use of your Account, as well as loss of your User Content stored on the Service.
2. To pay the charges for Functionalities delivered through the Service, you will be asked to provide a payment method at the time you sign up for such Functionalities. You can access and change your billing account information and payment method by contacting Turf. You agree to keep this information current at all times.
3. By providing Turf with a payment method, you
(i) represent that you are authorized to use the payment method that you provided and that
any payment information you provide is true and accurate;
(ii) authorize Turf to charge you for the Functionalities using your payment method; and
(iii) authorize Turf to charge you for the Functionalities. We will bill you in advance of
each billing period and on a recurring basis. Typically, a billing period entails a month.
4. Subscription to our Service is automatically renewed each billing period. The charge for each billing period is based on the Functionalities of the Service you use in combination with other factors including, but not limited to, the number of community members and the number of admins/moderators. Calculation of the height of the charge is done automatically and can vary each billing period. More information on pricing can be found on our website. To end your subscription, you must cancel the Functionalities before the billing date to avoid being billed for the renewal. If you cancel your recurring payment option, your account will remain active until its next renewal date. In case of such cancellation, you will not be given any refund. If you delete your account before the end of the period for which you paid, your cancellation will take effect immediately. In case of deletion of your account, you will not be given any refund.
5. We will provide you with an invoice via email. You are also able to view these invoices in the subscription settings in the Service. If we make an error on your bill, you must tell us within thirty (30) days after the error first appears on your bill. We will then promptly investigate the charge. If you do not tell us within that time, you release us from all liability and claims of loss resulting from the error and we will not be required to correct the error or provide a refund. If Turf has identified a billing error, we will correct that error within thirty (30) days.
6. When you use Functionalities from us, you agree that we may begin to provide Functionalities immediately. You will not be entitled to a cancellation or “cooling off” period, except if the law requires a cooling off period. Payment for Functionalities (whether these are transactions or subscriptions) is non-refundable.
7. Turf may change the price of the Functionalities at any time and will notify you by email at least thirty (30) days before the price change. If you do not agree to the price change, you must cancel and stop using the Functionalities before the price change takes effect. If there is a fixed term and price for your Functionalities offer, that price will remain in force for the term.
8. You must pay for all reasonable costs we incur to collect any past due amounts. These include reasonable attorneys’ fees and other legal fees and costs, in event of default.
9. If Turf owes you a payment, then you agree to timely and accurately provide us with any information we need to get that payment to you. You are responsible for any taxes and charges you may incur as a result of this payment to you. You must also comply with any other conditions we place on your right to any payment. If you receive a payment in error, we may reverse or require return of the payment. You agree to cooperate with us in our efforts to do this. We may also reduce the payment to you without notice to adjust for any previous overpayment.
Revision Date, Modifications
These Terms are effective and were last updated as of the revision date at the beginning of these Terms. At any time, Turf may revise these Terms at our sole discretion. If we make changes, we will post the revised Terms, and update the revision date above. We may, but are not required to, notify you by sending an email notification to the address associated with your Account or providing notice through our Services. Revisions are effective and binding when posted on the Services. Any continued use of any of the Services following any revision means you agree to the revisions. Turf expressly reserves the right to terminate or discontinue any of the Services at any time and for any reason, with or without notice to you.[TP1]
Disclaimers
THE SERVICES AND ALL CONTENT THEREIN ARE PROVIDED ON AN “AS AVAILABLE” AND “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT REPRESENT OR WARRANT THAT: (A) THE SERVICES AND MATERIALS ARE FREE OF ERRORS; (B) DEFECTS WILL BE CORRECTED; (C) THE SERVICES OR OUR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) INFORMATION COMMUNICATED THROUGH THE SERVICES ARE ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO, RELIANCE ON, AND USE OF THE SERVICES OR ANY CONTENT THEREIN IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT, MATERIAL AND/OR DATA. WITHOUT LIMITING THE FOREGOING, WE MAKES NO REPRESENTATION OR WARRANTY AS TO THE QUALITY, RELIABILITY, COMPLETENESS, ACCURACY, TIMELINESS, AVAILABILITY, SECURITY OR FUNCTIONALITY OF THE SERVICES OR ANY CONTENT THEREON. WE WILL NOT BE LIABLE FOR ANY HARM TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE, OR LOSS OF DATA, THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES OR ANY CONTENT, OR FOR THE DELETION OF, OR THE FAILURE TO STORE. TURF MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED. THE SERVICES MAY NOT BE CONTINUOUSLY AVAILABLE DUE TO MAINTENANCE OR REPAIRS OR DUE TO COMPUTER PROBLEMS OR CRASHES, DISRUPTION IN INTERNET SERVICE OR OTHER UNFORESEEN CIRCUMSTANCES. THE SERVICES AND ASSOCIATED CONTENT ARE INTENDED FOR USE AND DISPLAY ONLY WHERE ITS USE AND DISPLAY ARE PERMISSIBLE IN ACCORDANCE WITH APPLICABLE LAWS AND REGULATIONS. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS, SO SOME OR ALL OF THE DISCLAIMERS IN THIS SECTION MAY NOT APPLY TO YOU.
TURF DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF, OR IN ANY WAY RELATED TO (A) ANY ERRORS IN OR OMISSIONS ON OR FROM ANY OF THE SERVICES AND CONTENT THEREIN, INCLUDING BUT NOT LIMITED TO TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS, (B) ANY THIRD-PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THE SITES OR MATERIALS PROVIDED, INCLUDING BUT NOT LIMITED TO ANY ERRORS IN OR OMISSIONS CONTAINED THEREIN, (C) THE UNAVAILABILITY OF ANY OF THE SERVICES OR ANY PORTION THEREOF, (D) YOUR USE OF ANY OF THE SERVICES, OR (E) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH ANY OF THE SERVICES.
ANY DEALINGS WITH ANY THIRD PARTIES (INCLUDING ADVERTISERS AND/OR SPONSORS) APPEARING ON THE SITES OR MATERIALS PROVIDED OR MADE AVAILABLE IN CONNECTION WITH PARTICIPATION IN ANY OFFERINGS AND ANY OTHER TERMS, CONDITIONS, WARRANTIES OR REPRESENTATIONS ASSOCIATED WITH SUCH ACTIVITIES ARE SOLELY BETWEEN YOU AND SUCH ADVERTISER OR OTHER THIRD PARTIES. WE ARE NOT RESPONSIBLE FOR EXAMINING OR EVALUATING, AND WE DO NOT WARRANT THE OFFERINGS OF, ANY OF THESE BUSINESSES OR INDIVIDUALS OR THE CONTENT OF THEIR WEBSITES. BUBBLES DOES NOT ASSUME ANY RESPONSIBILITY OR LIABILITY FOR THE ACTIONS AND CONTENT OF ALL THESE AND ANY OTHER THIRD PARTIES. YOU SHOULD CAREFULLY REVIEW THEIR PRIVACY STATEMENTS OR POLICIES AND OTHER TERMS OR CONDITIONS OF USE OR SERVICE. TURF IS NOT RESPONSIBLE OR LIABLE TO ANY PARTY WHO PARTICIPATES IN ANY SUCH DEALINGS.
WE ATTEMPT TO DISPLAY THE MATERIALS AND INFORMATION YOU VIEW ON THE SERVICES AS ACCURATELY AS POSSIBLE. BUT WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION.
Limitation of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, MEMBERS, SHAREHOLDERS, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR RELATED TO THE SERVICES. OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF FORSEEABLE, WILL NOT EXCEED THE GREATER OF (I) THE TOTAL AMOUNT YOU SPENT ON YOUR BUSINESS DEALINGS WITH US DURING THE MOST RECENT TWELVE-MONTH PERIOD, OR (II) IF YOU HAVE NOT PAID US, THE AMOUNT OF $100. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR ACCOUNT. CERTAIN APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Disputes with Third Parties
TURF IS NOT AFFILIATED WITH ANY NON-EMPLOYEE WORKER, BUYER, OR THIRD-PARTY SERVICE, AND ANY DISPUTE YOU HAVE WITH ANY NON-EMPLOYEE WORKER, BUYER, THIRD-PARTY SERVICE, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN YOU AND THAT THIRD PARTY, AND YOU IRREVOCABLY RELEASE BUBBLES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THOSE DISPUTES. YOU WILL TAKE REASONABLE PRECAUTIONS IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU MEET OFFLINE OR IN PERSON. YOU ASSUME ALL RISK WHEN ENGAGING THE SERVICES OF ANY OTHER USER AND IN CONNECTION WITH USING THE SERVICE, INCLUDING BUT NOT LIMITED TO ANY RISKS ASSOCIATED WITH SHARING CONFIDENTIAL INFORMATION WITH ANY OTHER USER. SHOULD YOU PERFORM WORK AS AN INDEPENDENT CONTRACTOR FACILITATED BY TURF FOR A THIRD PARTY, YOU ACKNOWLEDGE THAT THE THIRD PARTY FOR WHOM YOU PERFORM SUCH WORK IS THE PARTY ULTIMATELY RESPONSIBLE FOR PAYING YOU FOR THAT WORK. SHOULD TURF NOT RECEIVE PAYMENT FROM THE THIRD PARTY, TURF RESERVES THE RIGHT TO REQUIRE YOU TO SEEK ANY REIMBURSEMENT FOR YOUR WORK DIRECTLY FROM THE THIRD PARTY. IN SUCH INSTANCE, YOU AGREE TO HOLD TURF HARMLESS AND RELEASE TURF FROM ANY ASSOCIATED CLAIMS.
Governing Law and Venue
Agreements between the Customer and Bubbles. B.V. ('Turf') in Europe are governed by Dutch law and are denominated in euros, unless stated otherwise. Each party to the Agreement recognizes the exclusive jurisdiction of the Courts of the Netherlands. All legal proceedings shall be conducted in English, or if applicable in Dutch.
Termination
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Services at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
Severability
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
Assignment
If Turf sells its assets to or is acquired by another company, or if it merges with another company, you, by using the Services, authorize Turf to assign the information you provided to Turf or that Turf collected while you used the Services.
Consent to Electronic Communication
By using the Services, you consent to receiving electronic communications from us regarding your Account, or for operational and informational purposes. You also agree that by using the Services, you affirmatively consent to Turf using electronic records or your digital signature to satisfy any statute, regulation, or rule of law requiring that such information be provided in writing and that you have not withdrawn such consent.
General
These Terms constitute the entire agreement between you and Turf relating to your access to and use of the Services. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Turf. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Turf's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
If you have any questions, comments or concerns about the Terms, you may contact us using the information provided below:
Bubbles. B.V. ('Turf')
Th.elsenstraat 37A
3417WX Montfoort
Utrecht
Customer forum
Knowledge base
Feedback management
Academy
Technical documentation
Chat help desk
Events
Turf is the customer self-service platform for SaaS companies.
Features
Use cases
Customer forum
Knowledge base
Feedback management
Academy
Technical documentation
Chat help desk
Events
Turf is the customer self-service platform for SaaS companies.
Features
Use cases
Customer forum
Knowledge base
Feedback management
Academy
Technical documentation
Chat help desk
Events
Turf is the customer self-service platform for SaaS companies.
Features
Use cases