Terms of Service
These Terms of Service (“Terms”) govern your access to and use of Balloon (“Balloon,” “we,” “us,” or “our”), including balloon.marketing, our admin app, our APIs, our website tracking script, and related software and services (together, the “Services”).
By creating an account, connecting a platform, or otherwise using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1. The Services
Balloon provides software that helps brands analyze websites, generate marketing content, and publish and manage posts and ads on third-party platforms such as Facebook, Instagram, and TikTok. Features may include project configuration, content generation, deployment of organic or paid campaigns, performance tracking, and related workflows.
We may modify, suspend, or discontinue parts of the Services from time to time. We will try to provide reasonable notice of material changes when practicable.
2. Eligibility and accounts
You must be at least 18 years old (or the age of majority in your jurisdiction) and able to form a binding contract to use the Services. If you use the Services on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” includes that entity.
You are responsible for your account credentials, for activity under your account, and for keeping contact information accurate. Notify us promptly if you suspect unauthorized access.
3. Customer content and licenses
You retain ownership of content you submit to the Services, including website materials, brand assets, copy, creatives, and configuration (“Customer Content”). You grant Balloon a worldwide, non-exclusive license to host, process, reproduce, modify (for formatting or technical delivery), and display Customer Content solely as needed to provide and improve the Services, including publishing to platforms you connect.
You represent that you have all rights and permissions needed to provide Customer Content and to authorize Balloon to use it as described in these Terms, and that Customer Content does not infringe others' rights or violate law.
4. Connected platforms (Meta, TikTok, and others)
Certain features require you to connect third-party accounts (for example Meta or TikTok). When you connect a platform:
- You authorize Balloon to access and use that platform on your behalf within the permissions you grant, including publishing content, managing ads, and reading performance or engagement data as applicable.
- Your use of each platform remains subject to that platform's terms, policies, and community guidelines. You are responsible for complying with them.
- We do not control third-party platforms and are not responsible for their availability, API changes, account actions, content moderation, or policy enforcement.
- You may disconnect a platform in project settings. Disconnecting may disable related features and stop new publishing for that platform.
5. Acceptable use
You agree not to:
- Use the Services for unlawful, deceptive, harmful, or abusive purposes, or to violate any applicable advertising, consumer protection, or privacy law
- Publish or promote content that infringes intellectual property, privacy, or other rights, or that violates platform policies (including Meta and TikTok)
- Attempt to gain unauthorized access to the Services, interfere with their operation, or probe or test their security except with our prior written consent
- Reverse engineer, resell, or misuse the Services except as allowed by law or a separate written agreement
- Misrepresent your identity, affiliation, or the nature of your advertising
- Use the Services to send spam or unsolicited communications, or to collect data from others in violation of law or third-party terms
We may suspend or terminate access if we reasonably believe you have violated these Terms or create risk for Balloon, other users, or third parties.
6. Fees
Some features may be offered for a fee. If you purchase a paid plan or incur charges through the Services, you agree to pay applicable fees and taxes. Platform ad spend (for example Meta or TikTok advertising budgets) is charged by those platforms under your agreements with them, not by Balloon, unless we expressly state otherwise.
7. Intellectual property
Balloon and its licensors own the Services, including software, branding, documentation, and underlying technology. These Terms do not grant you any rights in Balloon's trademarks or other intellectual property except the limited right to use the Services as permitted here.
Feedback you provide about the Services may be used by Balloon without obligation to you.
8. Privacy
Our collection and use of personal information is described in our Privacy Policy. By using the Services, you acknowledge that policy.
9. Third-party services
The Services may interoperate with third-party products (hosting, AI providers, analytics, social and advertising platforms, and others). Those services are governed by their own terms. Balloon is not responsible for third-party services outside our reasonable control.
10. Disclaimers
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, BALLOON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT GENERATED CONTENT OR CAMPAIGN PERFORMANCE WILL MEET YOUR EXPECTATIONS OR BUSINESS RESULTS.
11. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, BALLOON AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES.
OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO BALLOON FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
12. Indemnity
You will defend and indemnify Balloon and its affiliates against claims, damages, losses, and expenses (including reasonable attorneys' fees) arising from your Customer Content, your use of the Services, your connected platform accounts, or your violation of these Terms or applicable law.
13. Termination
You may stop using the Services at any time and may request account or project deletion as described in our Privacy Policy. We may suspend or terminate your access if you breach these Terms, if required by law or a platform partner, or if we discontinue the Services. Sections that by their nature should survive (including ownership, disclaimers, limitations of liability, and indemnity) will survive termination.
14. Changes to these Terms
We may update these Terms from time to time. We will post the updated version on this page and revise the “Last updated” date. Material changes may also be communicated through the Services or by email. Continued use of the Services after an update means you accept the revised Terms.
15. General
These Terms are the entire agreement between you and Balloon regarding the Services and supersede prior agreements on that subject. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. These Terms are governed by the laws of the State of Delaware, excluding conflict-of-law rules, unless mandatory local law provides otherwise.
16. Contact us
Questions about these Terms can be sent to:
Balloon
Email:
legal@balloon.marketing
Website:
https://balloon.marketing