Updated: February 2024
Effective: February 11, 2025
Thank you for using Balon AI!
These Terms and Conditions of Service (whereas the "Terms") govern your access to and use of Balon AI, through Balon Inc (whereas “The Company”) including any content, functionality, and services offered on or through Balon AI (whereas the "Service").
Definitions
In these Terms, the following definitions apply:
- Agreement:Refers to these Terms and Conditions of Service.
- "Party" or "Parties":Refers to the User and Balon AI collectively.
- Balon AI:Refers to the company, its subsidiaries, directors, officers, employees, agents, affiliates, and partners.
- Services:All products, services, software, applications, information, and facilities offered by Balon AI.
- User:Any individual or entity that uses, accesses, or interacts with our services.
- Content:All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, and computer code.
Acceptance of Terms
By accessing or using the Service, you agree to be bound by all terms and conditions herein. If you do not agree to these Terms, you must not access or use the Service.
Amendments to Terms
Balon AI reserves the right to amend or modify these Terms at any time. Any amendments or modifications will be effective upon posting the revised Terms on our website. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.
Eligibility
The Service is available only to individuals who are at least 18 years old. If you are accessing or using the Service on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms.
Service Access and Restrictions
Balon AI grants you a non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes, subject to these Terms.
Prohibited Uses
You agree not to:
- Use the Service for any unlawful purpose.
- Disrupt the Service or networks connected to the Service.
- Reverse engineer, decompile, or disassemble any portion of the Service.
- Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.
User Conduct
You agree to use the Service in accordance with all applicable local, state, national, and international laws and regulations. You further agree that you will not:
- Upload, post, transmit, or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another's privacy, or otherwise objectionable.
- Impersonate any person or entity, including, but not limited to, a Balon AI official, or falsely state or otherwise misrepresent your affiliation with a person or entity.
Users must comply with all applicable laws and regulations when using our services. Users are responsible for their actions while using our services, including the content they post, transmit, or otherwise make available. Users must not misuse our services by attempting to gain unauthorized access, disrupt, or interfere with the normal operation of the services.
Intellectual Property Rights
- OwnershipAll intellectual property rights in and to the Service, including but not limited to software, trademarks, and copyrights, are owned by Balon AI or its licensors.
- User Content:By providing Content to the Service, you grant Balon AI a worldwide, royalty-free, and non-exclusive license to reproduce, modify, adapt, and publish the Content for the purpose of providing and improving the Service.
Confidentiality
You agree not to disclose Balon AI’s confidential information to any third party without our prior written consent. You will not use or disclose Balon AI’s confidential information except as expressly permitted by these Terms.
Confidential Information
Users agree to maintain strict confidentiality regarding any partner or sponsored usage credits provided by Balon AI. Users are prohibited from disclosing, discussing, or sharing any details related to these credits with any third party unless explicitly permitted in writing by The Company. Breach of this provision may result in revocation of access to the Service and potential legal action.
Disclaimer of Warranty
The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Balon AI makes no representations or warranties of any kind, express or implied, as to the operation of the Service, or the information, content, or materials included therein. To the fullest extent permissible by applicable law, Balon AI disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
In no event shall Balon AI be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- your access to or use of or inability to access or use the Service
- any conduct or content of any third party on the Service
- any Content obtained from the Service
- unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not Balon AI has been informed of the possibility of such damage.
Indemnification
You agree to defend, indemnify, and hold harmless Balon AI, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service.
Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Service shall be instituted exclusively in the federal courts of the United States or the courts of the State of Delaware.
Termination
Balon AI reserves the right to terminate or suspend your access to all or part of the Service, without notice, for any conduct that Balon AI, in its sole discretion, believes is in violation of any applicable law or these Terms or is harmful to the interests of another user, a third party, or Balon AI.
Entire Agreement
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Balon AI regarding the use of the Service, superseding any prior agreements between you and Balon AI relating to your use of the Service.
Severability
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.