Terms of Service

Last updated: September 3, 2026

These Terms of Service (“Terms”) are a binding agreement between you and Balloon (“Balloon,” “we,” “us,” or “our”). They govern your access to and use of balloon.marketing, our admin app, our APIs, our website tracking script, and all related software, features, and services (together, the “Services”).

By checking the acceptance box, creating an account, accepting an invitation, connecting a platform, clicking to agree, or otherwise using the Services, you represent that you have read these Terms and the Privacy Policy, that you understand them, and that you agree to be bound by them. Checking the box is an electronic signature. If you do not agree to every provision, do not create an account and do not use the Services.

Read Section 10 (Autonomous generation and publishing), Section 13 (Assumption of risk), Section 14 (Release of claims), Section 15 (Disclaimers), Section 16 (Limitation of liability), Section 18 (Indemnity), and Section 19 (Dispute resolution) carefully. Those sections limit Balloon's liability, require you to assume the risk of using the Services, and require individual arbitration of disputes.

1. The Services

Balloon provides software that analyzes websites, generates marketing content (including text, images, video, audio, and carousel creatives), and may publish, manage, optimize, comment on, reply to, target, bid on, pause, or stop posts and ads on third-party platforms such as Facebook, Instagram, TikTok, YouTube, X, Reddit, and others we add over time. Features may include project configuration, site scanning, content generation, deployment of organic or paid campaigns, performance tracking, learning/optimization, and related workflows.

The Services are automated and may act without human review by Balloon and without a preview or approval step from you. You authorize that operation when you use the Services.

We may modify, suspend, or discontinue all or any part of the Services at any time, with or without notice. We have no obligation to provide the Services, to accept any project, to publish any content, or to achieve any result.

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, royalty-free, perpetual (for the life of the content on third-party platforms), non-exclusive license to host, process, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, and distribute Customer Content as needed to provide, secure, and improve the Services, including generating marketing content and publishing to platforms you connect.

You represent and warrant 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. You are solely responsible for Customer Content.

4. Connected platforms (Meta, TikTok, and others)

Certain features require you to connect third-party accounts (for example Meta, TikTok, YouTube, X, or Reddit). When you connect a platform:

• You appoint Balloon as your agent and authorize Balloon to access and use that platform on your behalf within the permissions you grant, including generating and publishing content, creating and managing ads, spending your advertising budget, bidding, targeting, commenting, replying, and reading performance or engagement data.
• You are the publisher of record. Content Balloon posts or ads Balloon creates are posted in your name, from your accounts, and under your responsibility.
• Your use of each platform remains subject to that platform's terms, policies, and community guidelines. You are solely responsible for complying with them.
• We do not control third-party platforms and are not responsible or liable for their availability, API changes, account restrictions, suspensions, bans, content moderation, policy enforcement, billing, ad delivery, or any action they take against you or your content.
• You may disconnect a platform in project settings. Disconnecting may disable related features and stop new publishing for that platform. Content already published may remain live on the platform until you remove it there.

5. Your responsibilities

You are solely responsible for:

• All content generated, scheduled, or published through the Services, including claims, pricing, testimonials, images of people, music, trademarks, and offers
• Compliance with advertising, consumer-protection, privacy, intellectual-property, publicity, election, industry, and platform rules that apply to you
• Reviewing, pausing, or disconnecting the Services if you do not want Balloon to act without your prior approval
• Advertising budgets, bids, targeting, and spend on third-party platforms
• Your accounts, pages, ad accounts, pixels, catalogs, and the consequences of connecting them

Balloon has no duty to preview, fact-check, legally review, or obtain your approval before generating or publishing. If you leave publishing, learning, or a connected platform enabled, that is standing authorization for Balloon to act.

6. 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.

7. Fees, ad spend, and refunds

Some features are 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. You are solely responsible for that spend, including spend caused by automated bidding, learning, or publishing.

Fees paid to Balloon are non-refundable except where mandatory law requires a refund. We may change prices prospectively. Unused subscription time, unused quotas, and platform ad spend are not refundable because of content Balloon generated or posted, campaign performance, account restrictions, or your dissatisfaction with results.

8. Intellectual property

Balloon and its licensors own the Services, including software, branding, documentation, models, prompts, workflows, and underlying technology. These Terms do not grant you any rights in Balloon's trademarks or other intellectual property except the limited, revocable right to use the Services as permitted here.

Subject to your ownership of Customer Content, Balloon owns generated system output as between you and Balloon to the extent needed to operate the Services. We grant you a limited license to use generated marketing content for your business in connection with the Services. Feedback you provide may be used by Balloon without obligation to you.

9. Privacy

Our collection and use of personal information is described in our Privacy Policy. By using the Services, you acknowledge that policy.

10. Autonomous generation and publishing

The Services use artificial intelligence and automated systems. They may generate, schedule, and publish content, comments, replies, and ads; spend advertising budget; choose audiences, placements, and creatives; and change campaigns over time. Output may be inaccurate, incomplete, outdated, offensive, misleading, non-compliant, infringing, or harmful. Output is not legal, financial, medical, or professional advice.

You expressly authorize Balloon to generate and publish on your connected accounts without prior notice to you. You understand that published content can be seen by the public, can be copied, and may be difficult or impossible to fully retract. You accept that Balloon may post, boost, or advertise material you have not personally reviewed.

Balloon is not liable for any content it generates or publishes, any failure to generate or publish, any targeting or bidding decision, any comment or reply, any use of your likeness or brand assets, any third-party takedown, or any platform penalty, restriction, or ban.

11. Third-party services

The Services may interoperate with third-party products (hosting, AI providers, analytics, payment processors, social and advertising platforms, and others). Those services are governed by their own terms. Balloon is not responsible or liable for third-party services, models, APIs, or platforms, including outages, errors, data loss, policy changes, or their use of data they receive when you use the Services.

12. No professional advice

Balloon is a software tool. We do not provide legal, compliance, advertising, tax, accounting, or other professional advice. You must obtain your own advice before relying on any output or campaign.

13. Assumption of risk

You voluntarily assume all risk arising from use of the Services, including the risk that Balloon generates or posts content that causes reputational harm, lost sales, wasted ad spend, regulatory inquiry, platform enforcement, customer complaints, intellectual-property claims, or any other loss. You use the Services at your sole risk.

14. Release of claims

To the maximum extent permitted by law, you irrevocably release, waive, and discharge Balloon and its affiliates, officers, directors, employees, contractors, agents, licensors, and successors (the “Balloon Parties”) from any and all claims, demands, causes of action, damages, losses, costs, and liabilities of every kind, whether known or unknown, suspected or unsuspected, arising out of or related to:

• The Services or anything Balloon does or fails to do
• Content generated, scheduled, published, boosted, commented, or advertised through the Services
• Campaign performance, ad spend, targeting, bidding, or optimization
• Platform account actions, including restrictions, disabled advertising, or bans
• Errors, omissions, delays, downtime, data loss, or security incidents
• Our decision to accept, reject, pause, or terminate a project

If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You waive any similar law in any other jurisdiction.

15. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BALLOON PARTIES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT GENERATED CONTENT, PUBLISHED POSTS, ADS, OR CAMPAIGN PERFORMANCE WILL BE LAWFUL, ACCURATE, APPROPRIATE, OR SUCCESSFUL, OR WILL MEET YOUR EXPECTATIONS OR BUSINESS RESULTS.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM BALLOON CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

16. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE BALLOON PARTIES WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR STATUTORY DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS, OPPORTUNITY, OR REPUTATION, OR ANY COST OF SUBSTITUTE SERVICES, AD SPEND, FINES, OR THIRD-PARTY CLAIMS, ARISING OUT OF OR RELATED TO THESE TERMS, THE SERVICES, OR ANYTHING BALLOON GENERATES, POSTS, PUBLISHES, OMITS, OR OTHERWISE DOES OR FAILS TO DO, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, EVEN IF A BALLOON PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

WITHOUT LIMITING THE PRECEDING PARAGRAPH, IF A COURT OR ARBITRATOR DETERMINES THAT A TOTAL EXCLUSION OF DAMAGES IS UNENFORCEABLE, THE BALLOON PARTIES' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID TO BALLOON FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE CLAIM, OR ZERO U.S. DOLLARS (US $0) IF YOU PAID NOTHING.

These limitations allocate risk between you and Balloon and are a fundamental basis of the bargain. They apply to the maximum extent permitted by law. They do not limit liability that cannot be limited under mandatory law (for example, liability for fraud or willful misconduct, or for death or personal injury caused by negligence, where such a limit is prohibited).

17. Exclusive remedy

Your sole and exclusive remedy for dissatisfaction with the Services, or for any claim arising from anything Balloon does or posts, is to stop using the Services and, if mandatory law requires a refund of unused prepaid fees, to request that refund. You agree that this exclusive remedy is adequate.

18. Indemnity

You will defend, indemnify, and hold harmless the Balloon Parties from and against any claims, demands, investigations, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Customer Content; (b) content generated or published through the Services; (c) your use of the Services; (d) your connected platform accounts, ad spend, or campaigns; (e) your violation of these Terms, law, or platform rules; (f) any claim that content associated with your account infringes or violates a third party's rights; and (g) any dispute between you and a customer, follower, platform, regulator, or other third party.

We may assume exclusive defense of any matter at your expense. You will not settle a claim that imposes any obligation on a Balloon Party without our prior written consent.

19. Dispute resolution; arbitration; class-action waiver

You and Balloon agree to resolve every dispute, claim, or controversy arising out of or relating to these Terms, the Services, or anything Balloon does or posts (a “Dispute”) exclusively as follows.

First, you must send a written notice describing the Dispute to legal@balloon.marketing and try in good faith to resolve it for thirty (30) days.

If the Dispute is not resolved, it will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The seat of arbitration is Wilmington, Delaware. The language is English. Judgment on the award may be entered in any court of competent jurisdiction. YOU AND BALLOON WAIVE ANY RIGHT TO A JURY TRIAL.

YOU AND BALLOON MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any form of representative or class proceeding.

Either party may seek temporary injunctive relief in court to protect intellectual property or confidential information pending arbitration. You may bring an individual claim in small-claims court if it qualifies.

You must file any Dispute within one (1) year after it arose, or it is permanently barred, except where a longer period is required by mandatory law.

20. 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 at any time, with or without cause, including if you breach these Terms, if required by law or a platform partner, or if we discontinue the Services. Termination does not entitle you to damages. Sections that by their nature should survive (including licenses already exercised on third-party platforms, ownership, assumption of risk, release, disclaimers, limitations of liability, exclusive remedy, indemnity, and dispute resolution) will survive termination.

21. 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. If you do not agree, you must stop using the Services.

22. 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, it will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions remain in effect. If a limitation of liability or release is found unenforceable in part, the remainder still applies. 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, except to the extent mandatory local law (including non-waivable consumer-protection or standard-form contract rules that apply where you live) requires otherwise. Subject to Section 19, exclusive venue for any court proceeding is the state or federal courts in Wilmington, Delaware, and you consent to personal jurisdiction there.

We are not liable for delay or failure caused by events beyond our reasonable control, including platform outages, API changes, labor disputes, failures of third-party providers, or force majeure.

Headings are for convenience only. These Terms are written in English. If translated, the English version controls except where mandatory law requires otherwise. You agree that electronic acceptance, including a checkbox at signup, satisfies any writing or signature requirement.

23. Contact us

Questions about these Terms can be sent to:

Balloon
Email: legal@balloon.marketing
Website: https://balloon.marketing