Terms of Service

Updated 2023-05-24

1. Definitions

1.1 Bobuild (also “the Service” or “the Services”) is a service offered by Bobuild srls, providing creation and hosting of web applications (“apps”) through an online interface (the “Builder”).

1.2 “Customer” refers to the person who creates an account on Bobuild and uses its services. If the Customer is operating on behalf of an organization, they agree to these Terms on behalf of that organization and they represent that they have the authority to do so. In such case, “Customer” will refer to that organization.

1.3 “Account Information” means information about your Bobuild account and information that you and your Users provide to Bobuild in connection with (1) the creation or administration of your Bobuild account; or (2) Bobuild’s maintenance of your Bobuild account or the Service. For example, Account Information includes names, usernames, passwords, email addresses, and billing information.

1.4 “Fees” means the fees applicable to your use of the Service in accordance with the applicable package as set forth in our pricing notice included in the Service or on the Site.

1.5 “High-Risk Activities” means activities where use or failure of the Service could lead to death, personal injury, or environmental damage, including life support systems, emergency services, nuclear facilities, autonomous vehicles, or air traffic control.

1.6 “Documentation” means Bobuild provided user documentation relating to the Service found in our website, as may be updated by Bobuild from time to time. Documentation does not include any content published on any other site, community, or pages.

1.7 “Sensitive Personal Data” means data subject to heightened privacy or security requirements by law or regulations, including, without limitation, any personal financial or medical information of any nature, or any sensitive personal information (e.g., government issued identification numbers, driver’s license numbers, personal bank account numbers, passport or visa numbers, credit card numbers, passwords and security credentials).

1.8 “Paid Subscription” means a subscription to a paid plan.

1.9 “Subscription Term” means the period during which you have agreed to subscribe to the Service.

1.10 “Third Party Login” means your login credentials from a supported third party site or product which are integrated to allow you to access your Bobuild Account.

1.11 “Bobuild Account” means the account on the Service you register and open in order to access and use the Service.

2. Service

2.1 Public Beta. If the Bobuilt Account was created before July 20th, 2023 Customer will be part of the “Public Beta” program, which means that the Service is made available on an “AS IS” and “AS AVAILABLE” basis for the purpose of providing Bobuild with feedback on its quality and usability. The Service may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information. Bobuild can arbitrarily limit functionality or terminate accounts without prior notice, as well as modify or remove features. In addition, Bobuild is not obligated to provide any technical support. During Public Beta, the Customer can use Bobuild for free. Bobuild may at any time terminate the Public Beta, even without prior notice. In that case, apps built by the Customer and data stored within such apps will be deleted.

2.2. Transition to paid plans. In order to retain apps and data created within the Public Beta program after July 20th, 2023, Customer can upgrade to a paid plan or downgrade to the free plan no later than that date. If no action is taken by July 20th, 2023, Bobuild will delete the Customer account, including apps and all data stored within such apps.

2.3 Fees. Some Service features may only be accessed and used after payment of applicable Fees. NOTWITHSTANDING ANYTHING CONTAINED HEREIN, ANY SERVICE PROVIDED FOR FREE OR AS PART OF A FREE PLAN IS PROVIDED "AS-IS" WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR INDEMNITIES. All Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you are solely responsible for payment of all such taxes, levies, or duties.

2.4 Subscription Term and Auto-Renewal. Your Subscription Term begins once you subscribe to a paid plan. UNLESS YOU DOWNGRADE OR CANCEL YOUR SUBSCRIPTION OF YOUR SUBSCRIPTION PRIOR TO EXPIRATION OF YOUR CURRENT SUBSCRIPTION TERM, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR ANOTHER SUBSCRIPTION TERM ON THE SAME PLAN AND FOR A PERIOD EQUAL TO YOUR THEN CURRENT SUBSCRIPTION TERM. All renewals are subject to the applicable Service continuing to be offered, and will be subject to the then-current Fees applicable to the renewed Service.

3. Privacy

3.1. Privacy Policy. In the course of using the Services, Customer may submit content to Bobuild (including their personal data and the personal data of others) or third parties may submit content to Customer through the Services (the “Content”). Bobuild’s Privacy Policy, is hereby incorporated into and made a part of these Terms by this reference.

3.2. Data Processing Agreement. To the extent that Bobuild processes any Personal Information contained in Content subject to the Data Protection Legislation, the DPA attached to these Terms shall apply to such processing.

3.3. Confidentiality. Bobuild will treat your Content as confidential information and only use and disclose it in accordance with these Terms (including the privacy policies). Bobuild may disclose Content when required by law or legal process, but only after Bobuild, if permitted by law, uses commercially reasonable efforts to notify Customer to give them the opportunity to challenge the requirement to disclose.

3.4. Security. Bobuild will store and process Content in a manner consistent with industry security standards. Bobuild has implemented appropriate technical, organizational, and administrative systems, policies, and procedures designed to help ensure the security, integrity, and confidentiality of Content and to mitigate the risk of unauthorized access to or use of Content.

4. Account Terms

4.1. Account Creation. In order to access and use the Service, you must register for a Bobuild Account. You must provide and maintain accurate, current, and complete Account Information. Upon your proper registering for a Bobuild Account and subject to these Terms, Bobuild hereby grants you a worldwide, non-exclusive, non-transferable, non-sublicensable right and license to use the Service during the applicable Subscription Term, solely for your own internal business purposes and in accordance with the Documentation.

4.2. Eligibility. In order to open and maintain a Bobuild Account, you hereby represent, warrant, and covenant that you have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside.

4.3. Credentials. To set up and use your Bobuild Account, you may either (i) enter a valid e-mail address and password to access your account; or (ii) use Third Party Login credentials from a supported third-party site. You are responsible for maintaining the confidentiality of your Bobuild Account credentials. You agree to immediately notify Bobuild of any suspected or actual unauthorized use of your Bobuild Account. You agree that you are responsible and liable for all uses of the Service under your Bobuild Account, including without limitation, compliance with all applicable laws, and regulations, and third-party terms. You further agree that Bobuild will not be liable for any cost, loss, damages, or expenses arising out of a failure by you to maintain the security of your Bobuild Account or your Third Party Login credentials.

5. Content

5.1. Customer Retains Ownership of Content. Customer retains ownership of all of the intellectual property rights in Content. Bobuild does not claim ownership over any of the Content. These Terms do not grant Bobuild any licenses or rights to Content except for the limited rights needed to provide the Services, and as otherwise described in these Terms.

5.2. Limited License to Content. Customer grants Bobuild a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit Content, but only for the limited purposes of providing the Services to Customer and as otherwise permitted by Bobuild’s privacy policies. This license for such limited purposes continues even after Customer stops using the Services, with respect to aggregate and de-identified data derived from Content and any residual backup copies of Content made in the ordinary course of Bobuild’s business. This license also extends to any trusted third parties Bobuild works with to the extent necessary to provide the Services to Customer. If Customer provides Bobuild with feedback about the Services, Bobuild may use such feedback without any obligation.

5.3. IP Claims. Bobuild respects the intellectual property rights of others, and they expect their users to do the same. If Customer is suspected to be infringing upon a third party’s intellectual property rights, reports may be sent to Bobuild.

6. Intellectual property

6.1. Bobuild IP. Neither these Terms nor the use of the Services grants Customer ownership in the Services or the content accessed through the Services (other than Customer’s Content).

6.2. Brand use rules. Customer may use Bobuild brand assets for non-commercial purposes, including in connection with academic research. For commercial uses, such as including Bobuild brand assets in a product for sale, Customer shall request permission. Bobuild may require Customer to stop using their brand assets if they believe that use falls outside these Terms or the scope of any granted permission.

7. User Content

7.1. User Content. The Services display content provided by others that is not owned by Bobuild. Such content is the sole responsibility of the entity that makes it available. Correspondingly, Customer is responsible for their own Content and they must ensure that they have all the rights and permissions needed to use that Content in connection with the Services. Bobuild is not responsible for any actions Customer takes with respect to their Content, including sharing it publicly. Content from the Services shall not be used unless the permission of its owner was first obtained.

7.2. Content Review. Customer acknowledges that, in order to ensure compliance with legal obligations, Bobuild may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, Bobuild otherwise has no obligation to monitor or review any content submitted to the Services.

7.3. Third Party Resources. Bobuild may publish links in its Services to Internet websites maintained by third parties. Bobuild does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.

8. Acceptable Use

8.1. Legal Compliance. Customer must use the Services in compliance with, and only as permitted by, applicable law.

8.2. Customer’s Responsibilities. Customer is responsible for their conduct, Content, and communications with others while using the Services. Customer must comply with the following requirements when using the Services:

  • (a) Customer may not purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purposes.
  • (b) Customer may not misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide.
  • (c) Customer may not circumvent or attempt to circumvent any limitations that Bobuild imposes on their account (such as by opening up a new account to publish Content that we have removed for a Terms violation).
  • (d) Unless authorized by Bobuild in writing, Customer may not probe, scan, or test the vulnerability of any Bobuild system or network.
  • (e) Unless authorized by Bobuild in writing, Customer may not use any automated system or software to extract or scrape data from the websites or other interfaces through which we make our Services available.
  • (f) Unless permitted by applicable law, Customer may not deny others access to, or reverse engineer, the Services, or attempt to do so.
  • (g) Customer may not transmit any viruses, malware, or other types of malicious software, or links to such software, through the Services.
  • (h) Customer may not engage in abusive or excessive usage of the Services, which is usage significantly in excess of average usage patterns that adversely affects the speed, responsiveness, stability, availability, or functionality of the Services for other users. Bobuild will endeavor to notify Customer of any abusive or excessive usage to provide them with an opportunity to reduce such usage to a level acceptable to Bobuild.
  • (i) Customer may not use the Services to infringe the intellectual property rights of others, or to commit an unlawful activity.
  • (j) Unless authorized by Bobuild in writing, Customer may not resell or lease the Services.
  • (k) If Customer’s use of the Services requires them to comply with industry-specific regulations applicable to such use, they will be solely responsible for such compliance, unless Bobuild has agreed with you otherwise. Customer may not use the Services in a way that would subject Bobuild to those industry-specific regulations without obtaining Bobuild’s prior written agreement.
  • (l) Customer may not send unsolicited communications, promotions or advertisements, or spam.
  • (m) Customer may not send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”.
  • (n) Customer may not send publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence, or that advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual preference, disability or impairment.
  • (o) Customer may not use the Service for storing data generated by large scale, regular and systematic monitoring of individuals or special categories of data or data relating to criminal convictions and offenses, according to the definitions given by the GDPR.

9. Suspension and Termination of Services

9.1. By the Customer. You can cancel any paid plan under your Bobuild Account and downgrade to a free plan at any time by selecting the applicable plan in the settings link in your Bobuild Account. You expressly acknowledge that downgrading your Service may cause the loss of features or other capabilities of your Bobuild Account, and that Bobuild does not accept any liability for such loss. Unless you are on the Bobuild free plan, Bobuild will continue to bill you Fees and you will continue to be responsible for such Fees until Bobuild has confirmed your cancellation or termination. The following do not constitute cancellation of a paid plan under or termination of your Bobuild Account: (i) an email or phone request to cancel your Bobuild Account; (ii) revoking or suspending any form of payment put on record with Bobuild to pay your Bobuild Account Fees; or (iii) any cancellation or termination confirmation from a party other than Bobuild. Refunds, if applicable, are processed according to our refund policy. If Customer terminates a Paid Subscription in the middle of a billing cycle, they will not receive a refund for any period of time they did not use in that billing cycle unless they are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after Customer have so notified us in writing; or (b) a refund is required by law.

9.2. By Bobuild. Bobuild may terminate the Subscription at the end of a billing cycle by providing at least 30 days’ prior written notice to the Customer. Bobuild may suspend performance or terminate the Subscription for any of the following reasons: (a) Customer has materially breached these Terms and failed to cure that breach within 30 days after Bobuild has so notified them in writing; (b) the Customer ceases their business operations or become subject to insolvency proceedings and the proceedings are not dismissed within 90 days; or (c) Customer fails to pay fees for 30 days past the due date. Additionally, Bobuild may limit or suspend the Services to the Customer if they fail to comply with these Terms, or if they use the Services in a way that causes legal liability to us or disrupts others’ use of the Services. Bobuild may also suspend providing the Services to the Customer if we are investigating suspected misconduct by you. If we limit, suspend, or terminate the Services the Customer receives, we will endeavor to give them advance notice and an opportunity to export a copy of the Content from that Service. However, there may be time sensitive situations where Bobuild may decide that immediate action is needed without notice. Bobuild will use commercially reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. Bobuild has no obligation to retain the Content upon termination of the applicable Service.

9.3. Effect of Termination. Once Customer terminates the Bobuild Account, Content and Bobuild Account will be deleted. If Customer does not log in to the Bobuild Account or have any active apps for twenty-four (24) or more months, Bobuild reserves the right to designate the Bobuild Account as "inactive" and delete the Bobuild Account and/or all the data associated with it. Except where an exclusive remedy may be specified in this Agreement, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under these Terms. All sections of these Terms which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.

10. Changes and Updates

10.1. Changes to Terms. Bobuild may change these Terms at any time for a variety of reasons, such as to reflect changes in applicable law or updates to Services, and to account for new Services or functionality. The most current version will always be posted on the Bobuild website. If an amendment is material, as determined in Bobuild’s sole discretion, Bobuild will notify you by email. Notice of amendments may also be posted to Bobuild’s blog or upon your login to your account. Changes will be effective no sooner than the day they are publicly posted. In order for certain changes to become effective, applicable law may require Bobuild to obtain your consent to such changes, or to provide you with sufficient advance notice of them. If you do not want to agree to any changes made to the terms for a Service, you should stop using that Service, because by continuing to use the Services you indicate your agreement to be bound by the updated terms.

10.2. Changes to Services. Bobuild constantly changes and improves the Services. Bobuild may add, alter, or remove functionality from a Service at any time without prior notice. Bobuild may also limit, suspend, or discontinue a Service at its discretion. If Bobuild discontinues a Service, we will give you reasonable advance notice to provide you with an opportunity to export a copy of your Content from that Service. Bobuild may remove content from the Services at any time in our sole discretion, although we will endeavor to notify you before we do that if it materially impacts you and if practicable under the circumstances.

11. Disclaimers and Limitations of Liability

11.1. Disclaimers. While it is in Bobuild’s interest to provide you with a great experience when using the Services (and we love to please our customers), there are certain things we do not promise about them. We try to keep our online Services up, but they may be unavailable from time to time for various reasons. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS” AND BOBUILD DOES NOT MAKE WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OR ANY REPRESENTATIONS REGARDING AVAILABILITY, RELIABILITY, OR ACCURACY OF THE SERVICES.



11.4. Consumers. We acknowledge that the laws of certain jurisdictions provide legal rights to consumers that may not be overridden by contract or waived by those consumers. If you are such a consumer, nothing in these Terms limits any of those consumer rights.

11.5. Businesses. If you are a business, you will indemnify and hold harmless Bobuild and its affiliates, officers, agents, and employees from all liabilities, damages, and costs (including settlement costs and reasonable attorneys’ fees) arising out of a third party claim regarding or in connection with your or your end users’ use of the Services or breach of these Terms, to the extent that such liabilities, damages and costs were caused by you or your end users.

12. Communications with Bobuild

12.1. Electronic Communication Required. For contractual purposes, Customer consents to receive communications from us in an electronic form via the e-mail address submitted at signup time. Customer also agrees that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to them electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

12.2. Legal Notice to Bobuild must be in writing. Communications made through e-mail or Bobuild Support’s messaging system will not constitute legal notice to Bobuild or any of its officers, employees, agents or representatives in any situation where notice to Bobuild is required by contract of any law or regulation. Legal notice to Bobuild must be in writing to the following postal address:
Bobuild srls
piazza Santi Apostoli, 81
00187 - Roma (RM)

12.3. No Phone Support. Bobuild only offers support via e-mail, tickets or chat. We do not offer telephone support for now.

13. Other Terms

13.1. Assignment. You may not assign these Terms without Bobuild’s prior written consent, which may be withheld in Bobuild’s sole discretion. Bobuild may assign these Terms at any time without notice to you.

13.2. Entire Agreement. These Terms constitute the entire agreement between you and Bobuild, and they supersede any other prior or contemporaneous agreements, terms and conditions, written or oral concerning its subject matter. Any terms and conditions appearing on a purchase order or similar document issued by you do not apply to the Services, do not override or form a part of these Terms, and are void.

13.3. Independent Contractors. The relationship between you and Bobuild is that of independent contractors, and not legal partners, employees, or agents of each other.

13.4. Interpretation. The use of the terms “includes”, “including”, “such as”, and similar terms, will be deemed not to limit what else might be included.

13.5. No Waiver. A party’s failure or delay to enforce a provision under these Terms is not a waiver of its right to do so later.

13.6. Severability. If any provision of these Terms is determined to be unenforceable by a court of competent jurisdiction, that provision will be severed and the remainder of terms will remain in full effect.

13.7. Survival. All provisions of this Terms which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13.8. Governing Law. These Terms will be governed by Italian law except for its conflicts of laws principles. However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.

Addendum: Data Processing Agreement

This Data Processing Addendum (DPA) amends the Bobuild Terms of Service with respect to the processing of personal data by Bobuild srls for and on behalf of Customer, under the General Data Protection Regulation (GDPR).

1. Definitions

1.1. Personal data. means any information related to a single person that can be directly or indirectly identified as belonging to an identifiable subject.

1.2. Data subject. means the entity to whom personal data is related, and includes Customer’s end-users, customers, clients, employees, patients or other individuals about whom Customer may collect or maintain personal data.

1.3. Customer data. means any information collected or maintained by Customer with Bobuild. Customer data may include Personal data of the Customer or other Data Subjects.

1.4. Data controller. means an entity that determines the purposes and means of processing personal data. Bobuild may be a data controller with respect to certain Customer personal data; however this is out of the scope of this DPA. Bobuild is never a data controller for data managed by Customer within their Bobuild Apps. The Customer may be a data controller for such personal data they handle with Bobuild (Customer data).

1.5. Data processor. means an entity that is responsible for handling and processing personal data on behalf of one or more data controller(s). For the purposes of this DPA, Bobuild is a data processor.

2. Data processing by Bobuild

2.1. Bobuild is a data processor acting for and on behalf of Customer when processing Customer data as described in this DPA and the Bobuild Privacy Policy.

2.2. Bobuild may process personal data which Customer may create, maintain, use, disclose, collect or or otherwise make available to Bobuild using the Bobuild services, also by enabling third parties to enter their Personal data directly into the Customer App hosted by Bobuild. Such data (Customer Data) may include personal data of Customer’s end-users, customers, clients, employees, patients or other individuals.

2.3 Customer agrees that Customer is the sole data controller of Customer Data, or that Customer has been instructed and has obtained authorization from the relevant data controller(s) to agree to the processing of the Customer Data by Customer and by Bobuild as set out in this DPA.

2.4. Bobuild may process Customer Data for such duration: a) as necessary to provide the Bobuild Services according to the Terms of Service, b) pursuant to Customer’s instructions; c) where required by the Data Protection Law or other legal obligation to which Bobuild is subject.

2.5. Customer provides data processing instructions by configuring the Apps by means of the “Builder” web interface provided by Bobuild. Customer is able to control who can view, insert, delete, or modify data by configuring pages and API endpoints within the Apps. For example, all or part of Customer Data can be made completely public (and indexable by search engines), password protected, or limited to a restricted list of people. For configurations that are not provided in the Builder and thus are not accessible in a self-service manner, Customer can send a written request to Bobuild customer support. In case the request is not feasible or not compatible with the services provided by Bobuild, the request will be rejected in written form.

2.6. Bobuild is not responsible for determining the requirements of laws applicable to the Customer’s business. It is the sole responsibility of Customer to determine that Customer is in compliance with any applicable regulations or local laws, including the GDPR, and inform Bobuild of any impact of such applicable regulations.

2.7. Customer is solely responsible for accuracy, quality, and legality of all Customer Data provided to Bobuild by Customer or by third parties allowed by Customer to enter its Bobuild Apps. Customer is solely responsible for obtaining any consents which may be required by the law, and providing Data Subjects with a privacy policy. Customer shall promptly notify Bobuild of any data protection restrictions which may apply to Customer Data as a result of Customer’s processing of such Customer Data for or on behalf of one or more Data Subjects. Customer remains fully liable for the performance of any such data protection restrictions and will indemnify Bobuild for any violations of such.

2.8 Bobuild is not responsible for any Customer Data which has been transmitted, disclosed or otherwise processed by Customer to or for a third party.

2.9 Bobuild shall ensure appropriate technical and organization measures are in place in order to protect Customer Data against any accidental or unlawful destruction, loss or alteration and against unauthorized disclosure, of access to, abuse or other processing of personal data which is not compliant with this DPA. Any person who is authorized by Boduild to process Personal Data (including its staff, agents and subcontractors) shall be under an appropriate obligation of confidentiality (whether a contractual or statutory duty).

3. Transfers to Sub-Processors

3.1 Customer instructs and generally authorizes Bobuild to transfer Customer Data to any sub-processors (and instructs any such sub-processors to transfer to any of their sub-processors) as necessary to Bobuild to provide the Bobuild services to Customer and as described in the Terms of Service and Privacy Policy, including where such sub-processors may be in countries or territories outside of the EEA. Bobuild will enter into a written contract with each such sub-processor that complies with the Data Protection Law and is no less restrictive than those data protection restrictions set forth in this DPA with respect to the processing of Customer Data. Bobuild will remain liable for the acts and omissions of any sub-processor when conducting data processing on behalf of Bobuild as if Bobuild had conducted such acts or omissions, to the extent required by the Data Protection Law.

3.2 Bobuild will maintain and update a list of sub-processors that process personal data which will be made available upon request, and Bobuild will work with Customer in good faith in the event that the Customer reasonably objects the use by Bobuild of any sub-processor within ten (10) days of Bobuild adding such sub-processor to the list. In the event that it would not be commercially reasonable to change the provision of the Bobuild services to Customer in a manner that would avoid use of such proposed sub-processor, Customer may terminate the Bobuild services as set forth in the Terms of Service. If Customer does not reasonably object within ten (10) days, such sub-processor is deemed an authorized sub-processor for purposes of this DPA.

3.3 Bobuild will not otherwise transfer Customer Data to a country or territory outside the EEA unless (i) an adequate level of protection is ensured in accordance with the Data Protection Law; (ii) as otherwise instructed by Customer; or (iii) as required by applicable laws. Bobuild will comply with the EU-US Privacy Shield Framework when transferring personal data to third parties outside the EEA or, if transfer would be to a country other than the United States or to a country which has received a binding adequacy determination, the EU Standard Contractual Clauses (the standard contractual clauses annexed to the European Commission Decision 2010/87/EU of 5 February 2010 for the Transfer of Personal Data to Processors established in Third Countries under the DIrective 95/46/EC and any successor standard contractual clauses).

4. Data Subject Rights and Requests

4.1. Bobuild will inform the Customer in case requests are received by Data Subjects exercising any applicable rights accorded to them under the Data Protection Law, without undue delay. Customer controls all Customer Data within the Customer Account, and Customer is responsible for responding to and effectuating, as applicable, any such requests made by Data Subjects, including rights of objection, access, correction, amendment or deletion of personal data concerning a Data Subject. Bobuild will reasonably assist the Customer in responding to Data Subject requests and fulfilling any applicable rights under the Data Protection Law.

4.2. Bobuild will not respond directly to any request unless it is required by applicable law to respond or pursuant to the Customer’s specific written instructions.

5. Termination; Return or Deletion of Customer Data

5.1. This DPA is effective upon Customer’s acceptance of Terms of Service and applies to the processing of Customer Data as of the Effective Date, for the duration of the Bobuild services except as set forth in Section 5.2.

5.2. If, following receipt of this DPA, Customer reasonably objects to the terms of this DPA, Customer shall notify Bobuild in writing within ten (10) calendar days after receiving this DPA of the basis for such objections. In the event that Bobuild and Customer are unable to resolve Customer’s objections in good faith within thirty (30) days of receipt of the Customer’s written notification, this DPA and the Bobuild services may be terminated by Customer as set forth in the Terms of Use.

5.3. This DPA will terminate upon termination or expiration of the Bobuild services or upon termination of the need for Bobuild’s processing of Customer Data, whichever comes first. Bobuild will delete, or provide Customer with the opportunity to delete, Customer Data maintained in the Bobuild account from production and backup environments as set forth more specifically in the Terms of Service. Data may remain in archives used for Disaster Recovery purposes, for no longer than 28 days after termination of services.

5.4 Backup and retrieval of any data before the termination or expiration of Services is the sole responsibility of the Customer. Bobuild will not return any Customer Data to Customer.

5.5. If Bobuild is obligated by applicable law to retain Customer Data, Bobuild will retain only such Customer Data and for such duration as is necessary for Bobuild to comply with such legal obligation and will continue to extend the protections required by this DPA to such Customer Data.

6. Duty to Notify and Cooperate

6.1. Personal Data Breach. Bobuild shall notify the Customer without undue delay after becoming aware of a Personal Data Breach as defined by the Data Protection Law. Bobuild will promptly investigate the breach if it occurred on Bobuild infrastructure or was otherwise related to processing within the control of Bobuild, and provide such information and cooperation with the Customer, including any audit or inspection request related to a Personal Data Breach, as Customer may reasonably request in order for the Customer to comply with its breach obligations and in accordance with the timeframe requirements of the Data Protection Law.

6.2. Data Impact Assessment. Bobuild will cooperate with and provide assistance to Customer related to any data impact assessment conducted by Customer which is related to the Customer Data which Bobuild processes under this DPA, including related to consultation with and providing requested information to any applicable data protection authority relating to Bobuild’s compliance with this DPA or the Data Protection Law.

6.3 Non-Compliance. Bobuild will notify Customer in the event that (i) Bobuild cannot, for any reason, comply, or has not complied with, any portion of this DPA; (ii) Bobuild becomes aware that the Data Protection Law would no longer allow the transfer of Customer Data from Customer to Bobuild. In the event that remedy cannot be accomplished, Bobuild will cease further processing of the Customer Data, and Customer may terminate this DPA and the Bobuild services as set forth in the Terms of Service in its discretion.

6.4. Audits. Bobuild shall make available to the Customer on reasonable request, information that is reasonably necessary to demonstrate the Customer’s compliance with this Addendum and shall allow for and contribute to audits, including inspections, by the Customer or an auditor mandated by the Customer in relation to the processing of the Customer Data by Bobuild. The Customer shall be responsible for any costs and expenses of Bobuild arising from the provision of such information and audit rights.

6.5. The Customer’s information and audit rights only arise to the extent that the Terms of Service and/or any other information available to the Customer in relation to the Bobuild services does not otherwise give the Customer information and audit rights meeting the requirements of the previous paragraph.

7. Miscellaneous

7.1. If any provision of these DPA is or becomes invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall instead be replaced by a provision which corresponds to or at least approaches the purpose of the DPA and which the Parties would have agreed upon if they had known about the invalidity of the original provision. The same shall apply in case the provisions are incomplete.