BubbleRec Terms of Use

1. Who you are agreeing with

These Terms of Use (the “Terms” or “Licence”) are a legal agreement between you and Nerijus Christauskas, an independent software developer based in Dublin, Ireland (“we”, “us”, “our”, “the Developer”), for the BubbleRec application for macOS, including all updates, the BubbleRec Pro subscription and any related documentation (together, the “App”). These Terms also apply to directly distributed builds of the same application previously named “Bubble Recorder”.

The App is made available through the Mac App Store, which is operated by Apple Inc. and its subsidiaries (“Apple”). These Terms are between you and the Developer only — not Apple. Apple is not responsible for the App or its content, but Apple is a third-party beneficiary of these Terms as set out in section 13. Your use of the App Store is also subject to the Apple Media Services Terms and Conditions.

If you do not agree to these Terms, do not install or use the App and do not start a trial or subscription.

2. Licence to use BubbleRec

Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable licence to download, install and use the App on any Apple-branded Mac that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions (including, where applicable, use by other members of your Family Sharing group). The App is licensed, not sold, to you.

The free version of the App lets you open it, position the recording frame and camera bubble and view the toolbar. Recording requires an active BubbleRec Pro trial or subscription (see section 4).

3. What you may not do

You may not, and may not allow anyone else to:

• copy, modify, adapt, translate or create derivative works of the App, except as expressly permitted by law;
• reverse engineer, decompile, disassemble or otherwise attempt to derive the source code of the App, except to the extent applicable law expressly permits this despite this restriction;
• rent, lease, lend, sell, sublicense, redistribute or make the App available to third parties, or use it to provide a service to third parties;
• bypass, disable or interfere with the subscription check, the free-trial limit or any other technical protection in the App, or use the Pro features without a valid trial or subscription;
• remove or alter any copyright, trademark or other proprietary notice;
• use the App in a way that breaks any law, infringes anyone’s rights or is described in section 5 as prohibited.

4. BubbleRec Pro subscription, free trial and billing

4.1 What you get

BubbleRec Pro unlocks recording in the App: unlimited screen recordings with the face-cam bubble, Selfie mode, microphone and system-audio mixing, pause and resume, and export at up to 4K / 60 fps. The exact feature set may evolve over time; we will not remove core recording functionality from an active subscription without offering you a refund through Apple.

4.2 Price and duration

4.3 Free trial

New subscribers receive a 7-day free trial. No payment is taken during the trial. Unless you cancel at least 24 hours before the trial ends, the subscription starts automatically at the end of day 7 and Apple charges the monthly price to your Apple Account. Apple allows one introductory free trial per Apple Account for this subscription group; if you have used it before, you will be charged immediately when you subscribe, and the App Store will tell you so before you confirm. Any unused portion of a free trial is forfeited if you purchase a subscription before it ends.

4.4 Automatic renewal

The subscription renews automatically for successive one-month periods at the then-current price unless you cancel at least 24 hours before the end of the current period. Apple charges your account for renewal within 24 hours before the end of the current period. If your payment fails, Apple may retry and may offer a short billing grace period during which Pro remains active; if payment still fails, the subscription ends.

4.5 How to cancel

You can cancel at any time. On your Mac go to System Settings › Apple Account (your name) › Media & Purchases › Manage Subscriptions, or open the App Store app, click your name, then Account Settings › Manage Subscriptions, choose BubbleRec Pro and click Cancel. Inside the App, Settings (⚙️) › Manage… opens the same page. Cancelling stops future charges; you keep Pro until the end of the period you have already paid for (or until the end of the trial). Deleting the App does not cancel the subscription.

4.6 Refunds and right of withdrawal

Because Apple sells and bills the subscription, refunds are decided and issued by Apple, not by us. You can request one at reportaproblem.apple.com. If you are a consumer in the European Union, the United Kingdom or another jurisdiction with a statutory right of withdrawal, you may exercise that right with Apple in accordance with the Apple Media Services Terms; Apple explains the applicable time limits and how starting to use the content may affect the right in its terms. Nothing in these Terms limits any statutory refund right you have. If you are having a problem with the App, please contact us first — we would rather fix it.

4.7 Price changes

We may change the subscription price for future periods. If we do, Apple will notify you in advance in accordance with its policies and applicable law, and where required will ask you to agree to the new price before it takes effect. If you do not agree, the subscription ends at the end of the current period.

4.8 Restoring purchases

If you reinstall the App or use it on another Mac signed in to the same Apple Account, use Restore Purchases on the BubbleRec Pro screen or in Settings to reactivate Pro at no extra cost.

5. Your recordings and your responsibilities

You own the recordings you create with the App. We claim no rights in them and, as explained in the Privacy Policy, we never receive them.

You are solely responsible for what you record and how you use it. In particular you agree that you will:

• obtain any consent required by law before recording other people’s image, voice, screen or conversation — many countries and states require the consent of everyone in a call or meeting, and some require notice even where consent is not required;
• respect confidentiality obligations, employer policies, non-disclosure agreements and the terms of the services and content shown on your screen;
• respect copyright and other intellectual-property rights in films, music, games, software, streams and other material you record — the App is a tool for recording your own work, tutorials and presentations, not for circumventing copy protection or redistributing protected content;
• not use the App to harass, stalk, surveil or deceive anyone, to record anyone in a place where they have a reasonable expectation of privacy, or to produce unlawful, defamatory or abusive material;
• comply with all laws that apply to you, including data-protection law where a recording contains other people’s personal data.

We are not responsible for the content of your recordings or for any consequences of recording, publishing or sharing them.

6. System permissions

The App needs your permission to use the camera, microphone and screen recording, and to write files to your Downloads folder or another folder you choose. macOS will ask for each permission. If you decline or later revoke a permission, the corresponding feature will not work, and this does not entitle you to a refund from us; refund requests are handled by Apple under section 4.6.

7. Updates, compatibility and availability

The App requires macOS 13 (Ventura) or later on an Apple silicon or Intel Mac. We may release updates that add, change or remove features, fix bugs or keep the App compatible with new macOS versions. Updates are delivered through the Mac App Store and are covered by these Terms. We may stop offering the App or the subscription; if we do so while you have paid for a period that has not ended, you will be able to obtain a pro-rata refund for that period through Apple.

8. Intellectual property

The App, including its code, design, icons, names, logos and documentation, is owned by the Developer and protected by copyright, trademark and other laws. “BubbleRec” and the BubbleRec logo are trademarks of the Developer. All rights not expressly granted in these Terms are reserved. Apple, Mac, macOS and App Store are trademarks of Apple Inc.

9. Privacy

Our Privacy Policy explains what the App accesses on your Mac and confirms that we collect no personal data through it. It forms part of these Terms.

10. Warranties and disclaimers

We will provide the App with reasonable skill and care and, if you are a consumer, the App will conform to its description in the App Store and to any statutory guarantees that apply where you live. Those rights are not affected by anything in this section.

Otherwise, to the maximum extent permitted by law, the App is provided “as is” and “as available” without any other warranty, express or implied, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the App will be uninterrupted or error-free, that it will be compatible with every Mac, display, camera or microphone, or that recordings will always be free of dropped frames or audio glitches. Screen recording depends on macOS features and permissions that Apple may change.

Please test a short recording before relying on the App for anything important, and keep backups of recordings that matter to you.

11. Limitation of liability

Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited under the law that applies to you — including, if you are a consumer, your statutory rights in relation to digital content.

Subject to that, to the maximum extent permitted by law: (a) we are not liable for any loss of data or recordings, loss of profit, loss of business, business interruption, or any indirect or consequential loss arising out of or in connection with the App or these Terms; and (b) our total liability to you for all claims arising out of or in connection with the App or these Terms in any 12-month period is limited to the amount you paid for the subscription in that 12-month period (or €50 if you paid nothing).

If you are a consumer, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or failing to use reasonable care and skill, but not for loss that was not foreseeable or that is caused by your breach of these Terms.

12. Termination

These Terms apply for as long as you use the App. You may end them at any time by cancelling any subscription (section 4.5) and deleting the App. We may suspend or terminate your licence if you materially breach these Terms — for example by circumventing the subscription or using the App unlawfully — and in that case you are not entitled to a refund from us. Sections 3, 5, 8, 10, 11, 13 and 14 survive termination.

13. Terms required by Apple

Because the App is distributed through the Mac App Store, Apple requires that the following terms form part of this Licence. If there is a conflict between this section and the rest of these Terms, this section prevails to the extent of the conflict.

1. Acknowledgement. This Licence is concluded between you and the Developer only, and not with Apple. The Developer, not Apple, is solely responsible for the App and its content. This Licence does not provide usage rules for the App that conflict with the Apple Media Services Terms and Conditions; in the event of a conflict, those Apple terms prevail as to usage rules.
2. Scope of licence. The licence granted to you is a non-transferable licence to use the App on any Apple-branded products that you own or control, as permitted by the Usage Rules set out in the Apple Media Services Terms and Conditions, except that the App may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing where applicable.
3. Maintenance and support. The Developer is solely responsible for providing any maintenance and support services for the App, as specified in these Terms or as required under applicable law. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. Support is available at swiftcpc.com/legal/bubblerec/support.html.
4. Warranty. The Developer is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App to you. To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the Developer’s sole responsibility.
5. Product claims. The Developer, not Apple, is responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy or similar legislation.
6. Intellectual property rights. In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, the Developer, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such claim.
7. Legal compliance. You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Developer name and address. Nerijus Christauskas, Dublin, Ireland. Email nnmedialtd@icloud.com, telephone +353 89 252 5402. Direct any questions, complaints or claims about the App to these contact details.
9. Third-party terms of agreement. You must comply with applicable third-party terms of agreement when using the App — for example, the terms of any video-conferencing, streaming or other service whose content you record.
10. Third-party beneficiary. Apple and Apple’s subsidiaries are third-party beneficiaries of this Licence, and upon your acceptance of the terms and conditions of this Licence, Apple will have the right (and will be deemed to have accepted the right) to enforce this Licence against you as a third-party beneficiary thereof.

For reference, Apple’s standard Licensed Application End User Licence Agreement is available at apple.com/legal/internet-services/itunes/dev/stdeula. Where these Terms are silent on a matter covered by that agreement, its terms apply.

14. Governing law and disputes

These Terms are governed by the laws of Ireland. If you are a consumer living in another country of the European Union, the United Kingdom or elsewhere, you also benefit from any mandatory consumer-protection rules of the country where you live, and nothing in these Terms takes those rights away. Disputes will be subject to the non-exclusive jurisdiction of the courts of Ireland; as a consumer you may also bring proceedings in the courts of the country where you live. If you have a complaint, please contact us first — most problems can be solved quickly by email. EU consumers may also use the alternative dispute resolution bodies available in their country.

15. Changes to these terms

We may update these Terms from time to time, for example to reflect new features, changes in the law or changes in Apple’s requirements. The current version is always available at swiftcpc.com/legal/bubblerec/terms.html and the effective date is shown at the top. If a change materially reduces your rights, we will give you reasonable notice through the App Store release notes or inside the App before it takes effect. Continuing to use the App after a change takes effect means you accept the new Terms; if you do not accept them, cancel your subscription and stop using the App.

16. General

These Terms, together with the Privacy Policy, are the entire agreement between you and the Developer about the App. If any provision is found to be invalid or unenforceable, the rest of the Terms remain in effect. Our failure to enforce a right is not a waiver of it. You may not assign these Terms; we may assign them to a successor who takes over the App, provided your rights are not reduced. Nothing in these Terms creates a partnership, agency or employment relationship.

17. Contact