BubbleSense Terms of Service

1.1 The BubbleSense service (the “Service”) is provided by Begins Foundry Co., Ltd. (the “Company”, “we”, “us”). Contact channels and company details are set out in section 27.

1.2 By accessing, registering for, signing in to, or using the Service, you confirm that you have read, understood, and agree to be bound by these terms (the “Terms”). If you do not agree, please do not use the Service.

1.3 These Terms apply together with our Privacy Policy, the pricing and plans page, and the billing-related sections of our FAQ, all of which form part of these Terms.

2.1 “Market Data” means prices, volumes, indices, and other information about securities and markets displayed in the Service, regardless of which data provider it is received from.

2.2 “Data Provider” means the Stock Exchange of Thailand (SET), the Market for Alternative Investment (mai), and any other data provider from which we receive data.

2.3 “Service Content” means the software, design, imagery, bubble charts, layout, text, brand, and other elements created by the Company.

3.1 BubbleSense is a tool that visualizes Market Data (as bubble charts and other views) for general information and educational purposes only. It covers securities listed on the Stock Exchange of Thailand, the mai market, depositary receipts (DR), and, on some plans, foreign markets or digital assets as stated on the pricing page.

3.2 The data scope, update frequency, and features of each plan are as stated on the pricing page at the time you subscribe, and we may adjust them under section 17.

3.3 The Service is provided only to users whose place of residence is in the Kingdom of Thailand, due to limitations of the Thai stock exchange data distribution rights we receive from Data Providers. Signing up for the Service by a person who does not reside in Thailand is a breach of these Terms. We may verify, limit, or suspend access to the Service or parts of the data when it is accessed from outside Thailand, and you agree not to use a VPN, proxy, or other means to circumvent or conceal your location in order to evade such restrictions.

3.4 Features marked “coming soon” are plans that may change or may not materialize, and do not constitute a contractual commitment.

4.1 All data, visuals, figures, and content in the Service are for informational and educational purposes only. They do not constitute financial, investment, legal, or tax advice, are not a recommendation to trade, and are not an offer or solicitation to transact in any security.

4.2 The Company is not licensed to operate a securities business and is not a broker, securities dealer, investment advisor, or investment consultant approved by the Office of the Securities and Exchange Commission of Thailand. We do not accept trade orders, do not route orders to any market, and do not hold or take custody of user assets.

4.3 Groupings, colors, bubble sizes, rankings, percentile values, comparisons against historical averages, and any other presentation in the Service are statements of statistical fact. They are not trading signals, not an assessment that any security is “cheap” or “expensive”, and not a price forecast.

4.4 You are solely responsible for your own investment decisions and should consult a licensed professional before investing. Past data does not guarantee future results. Investment involves risk; investors should study the information before making investment decisions.

5.1 Thai securities data displayed in the Service is delayed by at least 15 minutes, unless stated otherwise in the plan you use. Such data is not real-time and is not suitable for decisions that depend on the speed of receiving data.

5.2 Market Data is obtained from external Data Providers, and we display the source on the screens where data is shown. You agree not to remove, obscure, or alter the source labels, delay labels, or reference timestamps displayed with the data.

5.3 Foreign market data and digital asset data (if included in your plan) are obtained from other providers with their own terms and levels of accuracy. We do not guarantee data from such sources and may change or stop displaying data from any source.

5.4 We do not guarantee the accuracy, completeness, timeliness, continuity, or reliability of Market Data, and are not liable for any decision made in reliance on it. Data may be delayed, missing, inaccurate, or retroactively adjusted by Data Providers.

5.5 Our right to display Market Data depends on our agreements with Data Providers. If such agreements or rights change, end, or are restricted, we may have to stop displaying, delete, or restrict access to some data, including historical data previously displayed, without this being a breach of these Terms, subject to section 17.

6.1 Your use of Thai stock exchange data through the Service is subject to the following notice, which you acknowledge and agree to comply with:

(1) The stock exchange data displayed on this platform is the intellectual property of the Stock Exchange of Thailand.

(2) The Stock Exchange of Thailand has no liability for any loss or damage arising from the use of the data.

(3) The data is provided for personal use only. Systematically copying, republishing, selling, or forwarding the data to other persons is prohibited.

(4) Feeding the data into automated trading systems, order execution systems, or using it to calculate or create any financial product or index is prohibited. Viewing the data to inform your own investment decisions is permitted as normal.

(5) The Stock Exchange of Thailand reserves the right to suspend access to the data.

6.2 In addition to section 6.1, you agree not to use Market Data in any manner that is not your own on-screen viewing (non-display usage), including but not limited to feeding it into automated or algorithmic trading programs, using it in risk management or pricing systems, creating indices, indicators, or financial products, and processing it to create new data sets for sale or distribution. Such usage requires prior written permission from the relevant Data Provider.

6.3 The Company has contractual obligations to Data Providers to supervise users' use of the data, and a Data Provider may exercise its right under section 6.1 (5) to require us to suspend any user's access. You acknowledge that we must comply with such instructions immediately under section 18.

7.1 Signing in uses a Google account or a one-time email code (OTP); no password is required. If you sign in with an email that has no account, an account is created for you automatically.

7.2 You are responsible for the security of the email and accounts used to sign in, and for all activity under your account. You must provide accurate and up-to-date information.

7.3 One person may use one account, and one account may be used by one person only. You agree not to share, rent, sell, or let others use your account, and not to sign in with the same account on more devices at once than section 7.4 allows. This requirement is a condition set by Data Providers for counting users. Violation entitles us to suspend or terminate the account immediately.

7.4 One account can be signed in on one device at a time on the website, and on one device at a time in our mobile app (once available). When you sign in on a new device through the same channel, the device previously signed in through that channel is signed out automatically. We may adjust these numbers under our agreements with Data Providers, and may ask you to verify your identity, email, or phone number for security and to comply with those agreements.

7.5 You must be at least 20 years old or, if younger, obtain the consent of your legal representative before opening an account and before paying. We may request evidence of such consent, and may refuse or cancel accounts that do not comply with this section.

7.6 Accounts are personal. You may not transfer your account or your rights under these Terms to anyone else.

8.1 The Service is provided to users as natural persons who pay for the Service in their own name and use the data for personal benefit. By using the Service, you represent that you (a) do not use the data to operate a business of providing investment advice or managing other people's funds, (b) do not systematically redistribute the data, and (c) do not use the data to produce commercial content that is sold or compensated.

8.2 If your usage status changes, for example you begin using the data on behalf of a juristic person or for professional purposes, you must notify us in advance, as different terms and rates may apply.

8.3 We may request documents or confirmation regarding section 8.1 and may suspend accounts that do not reasonably provide such information.

9.1 We may offer a free trial of a paid plan for the period and on the conditions we announce at the time. When the trial ends, your account automatically reverts to the free plan, and we do not charge you unless you subscribe to a paid plan yourself.

9.2 The trial does not include features that use real-time data, unless we announce otherwise.

9.3 We may modify, limit, or cancel the trial offer, and may revoke the trial of any account we consider to be using it in bad faith, at any time.

10.1 Details of plans, prices, billing cycles, and what each plan includes are shown on the pricing page and form part of these Terms.

10.2 Prices are shown in Thai baht [[match the pricing page: “inclusive of VAT” or “exclusive of VAT”]].

10.3 Payments are processed through an external payment provider (Stripe), which has its own terms and privacy policy. The Company does not store or access your credit or debit card numbers. We receive only payment status information and limited data needed to issue receipts.

10.4 Monthly and annual plans renew automatically at the end of each cycle, charged to the payment method you provided, until you cancel. You can cancel yourself in account settings or by contacting contact@bubblesense.com.

10.5 If a charge fails, we may reasonably retry it. If it still fails, we will downgrade your account to the free plan, without prejudice to our right to collect outstanding amounts.

10.6 You are responsible for taxes or fees charged additionally by your financial provider, such as currency conversion fees.

11.1 We will not raise the price during a cycle you have already paid for. The price you paid applies until the end of that cycle.

11.2 We may adjust prices or what is included in a plan for the next billing cycle, with notice to your registered email at least 30 days before the new price takes effect, and at least 60 days where the price change accompanies a change in the plan's data sources, such as adding real-time data.

11.3 Prices announced as “launch prices” apply for the launch period and are not a price lock for the life of your membership. When we announce the end of the launch period, members on launch pricing will move to the regular price at their next billing cycle, subject to the notice in section 11.2.

11.4 If you do not wish to continue at the new price, you may cancel before the new price takes effect and continue using the Service until the end of the cycle you have paid for.

11.5 We may offer discounts, coupons, or campaigns from time to time under campaign-specific conditions. Receiving an offer once does not create a right to future offers.

12.1 You may cancel renewal at any time. Cancellation takes effect at the end of the current billing cycle, and you may continue using the Service until the end of that cycle.

12.2 Unless the law provides otherwise, or in the cases in section 12.3, fees already paid are not refundable pro rata for the unused period where the cancellation is at your own initiative.

12.3 We will refund pro rata for the unused period in the following cases: (a) we terminate or discontinue a feature or plan you have paid for; (b) we suspend or terminate your account for reasons other than your breach of these Terms; (c) we change these Terms in a way that materially disadvantages you and you choose to cancel under section 24.

12.4 If your account is terminated because you breached these Terms, we have no obligation to refund fees for the remaining period.

12.5 Refunds are made through the original payment channel and may take time according to the cycles of the payment provider and financial institutions involved.

You agree not to do, and not to allow others to do, any of the following:

(a) use the Service for any unlawful purpose, or in violation of securities law, anti-money-laundering law, or the rules of any regulator;

(b) extract, copy, filter, duplicate, or systematically collect data from the Service, including scraping, crawling, or using bots, scripts, browser extensions, or other automated tools;

(c) use Market Data, or values computed from Market Data, for non-display usage under section 6.2, including automated trading systems, order routing systems, index creation, or the creation of financial products;

(d) use Market Data, Service Content, or output of the Service to train, fine-tune, evaluate, or develop artificial intelligence models, machine learning systems, or data sets for such purposes;

(e) resell, rent, republish, distribute, systematically forward, or commercially exploit Market Data or Service Content without our written permission;

(f) access the Service by any means other than the user interface we provide, including calling our internal APIs directly, pulling data from the data layer, or building applications or services on top of the Service;

(g) bulk download or export data, or store Market Data beyond what is necessary for your own normal viewing;

(h) embed or frame the Service in any website, application, or other channel, or publicly display the Service in a way that suggests it is someone else's service;

(i) remove, obscure, or alter source labels, delay labels, reference timestamps, trademarks, or proprietary notices. Occasional screenshots for personal use or reference are permitted, provided all such labels are kept intact and it is not done systematically or commercially;

(j) reverse engineer, decompile, or disassemble the software, or attempt to access the source code, databases, or underlying data structures;

(k) interfere with or disrupt the Service, circumvent access or rate limits, or conduct penetration testing or vulnerability scanning without our prior written permission;

(l) misrepresent an affiliation with us, use our trademarks without permission, or use the Service on behalf of another person to circumvent section 7.3.

We may use technical measures to detect and prevent conduct under this section, and may act under section 18.

14.1 Service Content is owned by the Company or its licensors and is protected by intellectual property laws.

14.2 Market Data remains the property of the relevant Data Providers. These Terms do not transfer any rights in Market Data to you.

14.3 New data, computed values, or data sets developed from Market Data may become the intellectual property of the relevant Data Provider under the applicable agreements. You therefore have no right to create, use, or distribute data sets or indices developed from Market Data unless you have written permission from the rights holder.

14.4 We grant you a limited, non-exclusive, non-transferable, non-sublicensable license, revocable at any time, to use the Service for personal, non-commercial use, within the Kingdom of Thailand, and subject to these Terms only.

15.1 You are responsible for content you enter into the Service, such as watch list names, notes, or information entered in forms, and agree not to enter content that is unlawful, infringes others' rights, or contains other people's personal data without the right to do so.

15.2 If you send us feedback, comments, or suggestions about the Service, you grant us the right to use, reproduce, adapt, and incorporate them into the Service without compensation and without time limit, and we have no obligation to keep such feedback confidential, unless agreed otherwise.

16.1 The Service may send notifications or data summaries by email or via channels you connect, such as LINE. Such delivery is provided on a best-effort basis. We do not guarantee that notifications will be sent, delivered, or delivered on time, and are not liable for damage from you not receiving them or receiving them late.

16.2 Connecting your account to external channels is voluntary. Such channels are operated by external providers with their own terms and privacy policies.

16.3 You can opt out of marketing notifications at any time, but we may still send messages about your account, billing, security, and changes to these Terms.

17.1 We provide the Service for as long as we continue to operate it as part of our business. We may modify, improve, suspend, limit, or discontinue the Service or any part of it, temporarily or permanently, including where caused by (a) changes to or termination of the rights we receive from Data Providers, (b) requirements of regulators or the law, (c) technical or security reasons, (d) restructuring or winding down of the relevant business.

17.2 For changes that materially affect your use and are within our control, we will give reasonable advance notice through the Service or by email, except in urgent cases involving security, the law, or instructions from a Data Provider.

17.3 If you have paid for a feature or plan that we discontinue, we will refund pro rata for the unused period under section 12.3.

17.4 We may schedule maintenance windows from time to time and will try to run them outside market hours where possible.

18.1 We may suspend or terminate your access to the Service, in whole or in part, in the following cases:

(a) you breach these Terms, in particular sections 3.3, 6, 7.3, 8, or 13;

(b) we have reasonable grounds to suspect unauthorized account use, fraud, or repeat use of the free trial;

(c) your payment is overdue or declined;

(d) a court or an authority with legal power so orders;

(e) a Data Provider requests or instructs us to suspend a user's access to the data. In this case we must act immediately under our contractual obligations to the Data Provider, and you acknowledge that we may not be able to give advance notice;

(f) we need to act to comply with the law or for the security of our systems.

18.2 We will inform you of the reason for suspension or termination to the extent we can and to the extent permitted by law and by our agreements with Data Providers.

18.3 Where the suspension or termination is not due to your breach of these Terms, we will refund pro rata under section 12.3.

18.4 You may stop using the Service or request account deletion at any time via the channels in the Privacy Policy.

18.5 Provisions that by their nature should survive termination, including sections 6, 13, 14, 19, 20, 21, 22, 25, and 26, will remain in effect.

19.1 The Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

19.2 We do not warrant that the Service will be uninterrupted, secure from attack, or error-free, or that defects will be fixed within any particular time.

19.3 We do not warrant that features marked coming soon will launch, or will launch on the announced schedule or scope.

19.4 This section 19 applies to the extent permitted by law and does not exclude rights you have under consumer protection law.

20.1 To the extent permitted by law, the Company and its directors, employees, contractors, and partners will not be liable for indirect, incidental, special, or consequential damages, or for loss of profits, investment losses, loss of opportunity, data, or goodwill, arising out of or related to the use of, or inability to use, the Service.

20.2 To the extent permitted by law, the Company's total aggregate liability for all claims relating to the Service will not exceed the greater of (a) the fees you paid the Company in the 12 months before the event giving rise to the claim, or (b) THB 2,000.

20.3 The limitations in sections 20.1 and 20.2 do not apply to (a) liability for fraud or gross negligence of the Company, (b) liability for death, bodily injury, or health, (c) other liability that the law does not permit to be excluded or limited.

20.4 This section applies only to the extent fair and reasonable under the Unfair Contract Terms Act, and does not exclude rights you have under consumer protection law.

20.5 You acknowledge that Data Providers have no liability to you for loss or damage arising from the use of the data, as stated in section 6.1 (2).

21.1 You agree to indemnify and hold the Company harmless from claims, damages, fines, losses, and reasonable expenses (including reasonable legal fees) arising from (a) your breach of these Terms, (b) your unlawful use of the Service or infringement of others' rights, or (c) your use of Market Data beyond what sections 6, 13, and 14 permit, including fines or damages the Company must pay Data Providers as a result of your conduct.

21.2 Your liability under this section is limited to the part caused by your acts or omissions, and excludes the part caused by the Company's own fault.

21.3 The Company may elect to conduct the defense or settlement of related disputes itself, with your reasonable cooperation.

22.1 The collection, use, and disclosure of your personal data is governed by our Privacy Policy, prepared in accordance with the Personal Data Protection Act B.E. 2562 (PDPA).

22.2 You acknowledge that, to comply with our agreements with Data Providers, we may need to prepare and submit data-usage reports and may need to disclose necessary user information, such as user counts, user IDs, and in some cases users' names and addresses, to Data Providers or auditors appointed by them, both for periodic reporting and for audits. The legal basis and scope of disclosure are described in the Privacy Policy.

22.3 We are required to retain data-usage records for the periods required by our agreements with Data Providers and by law, which may be longer than the period you use the Service, and we may retain records necessary to prevent repeat use of the free trial.

22.4 You have the rights of a data subject under the PDPA as described in the Privacy Policy. Exercising certain deletion rights may make it impossible for us to continue providing the Service to you.

We are not liable for failure to perform under these Terms caused by events beyond our reasonable control, including natural disasters, epidemics, acts of government or regulators, failures of internet networks, cloud providers, Data Providers, or payment providers, cyber attacks, and closures of the stock exchange.

24.1 We may update these Terms from time to time. The effective date above shows the latest version. If you would like to see a previous version of these Terms, contact us per section 27.

24.2 For changes that materially reduce your rights, we will give at least 30 days' notice by registered email or through the Service, except for changes required by law, regulator orders, or our agreements with Data Providers, which may take effect immediately.

24.3 If you do not accept a change under section 24.2, you may cancel the Service before the change takes effect and receive a pro-rata refund under section 12.3.

24.4 Continued use of the Service after the effective date of a change constitutes acceptance of the updated Terms.

25.1 Assignment: We may assign our rights and obligations under these Terms to an affiliated juristic person, or to a transferee in a restructuring, merger, or transfer of all or part of the business, with notice to you through the Service. Such assignment will not reduce your rights under these Terms. You may not assign your rights or your account to anyone else.

25.2 Order of precedence: If documents conflict, the order is (1) these Terms, (2) the Privacy Policy, (3) the pricing page and FAQ, unless expressly stated otherwise.

25.3 Severability: If any provision is void or unenforceable, it will be limited or removed to the minimum extent necessary, and the remaining provisions remain in effect.

25.4 No waiver: Our failure or delay in exercising any right is not a waiver of that right.

25.5 Notices: Notices from us to you may be sent to your registered email or displayed in the Service. Notices from you to us should be sent to contact@bubblesense.com.

25.6 Relationship: These Terms do not create any agency, partnership, or joint venture between you and the Company.

25.7 Language: These Terms are prepared in Thai as the controlling version. If there is a translation into another language and the texts conflict, the Thai version prevails.

25.8 Entire agreement: These Terms, together with the documents in section 25.2, are the entire agreement between you and the Company regarding the Service and supersede prior understandings or statements on the same subject, without excluding your rights in the case of fraudulent misrepresentation.

26.1 These Terms are governed by the laws of the Kingdom of Thailand.

26.2 If you have a complaint, please contact us first at contact@bubblesense.com. We will try to respond within 15 business days and work with you toward a resolution within 30 days of receiving the matter.

26.3 If no agreement can be reached, disputes are subject to the jurisdiction of the Thai courts. This does not exclude the rights you have as a consumer under the Consumer Case Procedure Act and consumer protection law, including the right to file a claim with the court of your domicile.

Begins Foundry Co., Ltd.

92 Central Park Offices, 35th Floor, Rama IV Road, Silom, Bang Rak, Bangkok 10500, Thailand

Email: contact@bubblesense.com