Over the last year I and my team built a B2B SaaS app on Bubble. I am quite a fan, and hope to stay on Bubble for a long time.
However, as we start to gain traction, acquire users, generate revenue, and pitch investors, the question of who owns the app/IP keeps coming up. More importantly, what happens if Bubble is no longer a going concern aka goes out of business? How exposed are we to that risk?
After doing research into the various Bubble policies, terms, and other forum posts we understand that Bubble has said the following:
On IP:
âThe basic rule: you own your data. This includes the design of your application and the data that your users upload (pursuant to your own agreement with them, of course).â
âBubble apps donât exist as code in the traditional sense, and can only run on the Bubble platform. Thereâs currently no way of exporting your application as code. If you decide to move off the Bubble platform, we can provide a raw dump of your application logic and visual design as a JSON file to speed the process of converting your app to a different platform.â
On Bubble as a going-concern:
âWe want to make sure you feel secure about building on the Bubble platform, so, although we plan to be around for a very long time, hereâs our guarantee: if for some reason we ever have to close down shop, we will release the Bubble source code under an open-source license so that you can set up your own Bubble server and keep your app running.â
Claims about IP ownership & transferability seem to be adequately addressed in Bubbleâs terms, but is there any contractual/legally binding document explaining what happens if Bubble shuts down and how/when they will go about publishing their code base?
I want to continue to build on Bubble with confidence that our work and our business will be protected/secure no matter what happens. I believe in the company, but anything could happen.
If I was in Bubbleâs shoes, I would not be thinking too hard and long about what happens after they run out of business. I actually think that the thing that is most probable to happen is that Bubble as a platform is purchased rather than it going out of business. Itâs been a long time since Bubble has been released. New updates and new users are continuously increasing.
I am also interesting in the lower likely case where Bubble becomes an open source tool after going out of business. How scary and dangerous that would be, but also curious about how that would work out!
I am aware of the commitment they made, but if that were really to happen, is there any legally binding documentation supporting this (e.g. bylaws, amendment to articles of incorporation, etc.)? Or would we have to sue them with an argument along the lines of âbut you said you wouldâ?
Apologies for grinding this point. I get this too:
I truly and sincerely hope that doesnât happen, as I think Bubble is an amazing platform and company. Just trying to find an answer for inquisitive lawyers.
Iâve been very curiously following this post and Iâm sure that a lot of others donât see the âsolutionâ above as a solution at all - without anything written in the T&Cs there is no guarantee that any effort will be made to keep businesses going if bubble were to go under. Neither âtaking it seriouslyâ nor a sentence on bubbleâs FAQ page are legally binding, and any investor with concerns about a product being on bubble.io will come to the same conclusion. The main question these answers raise is why they donât have anything stated in the T&Cs if thatâs their intentionâŚ
