Terms of Service - Balancer

Last Updated: January 2, 2025

Balancer AI (“Balancer,” “we,” or “us”) and our website at www.usebalancer.com, along with our related websites, hosted applications, and other services provided by us (collectively, the “Service”). These Terms of Service (“Terms”) are a legally binding contract between you and Balancer regarding your use of the Service.

PLEASE READ THE FOLLOWING TERMS CAREFULLY.

BY CLICKING “I ACCEPT,” OR BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND AGREE TO BE BOUND BY, THESE TERMS AND BALANCER'S PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE PERMISSION TO USE THE SERVICE.

ARBITRATION NOTICE: Except for certain disputes outlined in Section 16, you agree that disputes will be resolved by binding, individual arbitration — and that you waive the right to participate in class actions or jury trials.

1. Balancer Service Overview

Balancer is an artificial intelligence-powered accounting assistant. It connects to your financial accounts and autonomously categorizes transactions, tracks cash flow, generates financial reports, and flags anomalies. It acts as a virtual controller to help startups understand, manage, and automate their finances.

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service. By using the Service, you represent that:

You meet the eligibility requirements.
You have not previously been suspended from the Service.
Your use of Balancer complies with all applicable laws and regulations.

If you are agreeing on behalf of a business or entity, you represent that you have authority to bind it to these Terms.

3. Accounts and Registration

To use most features of Balancer, you must register and create an account. You agree to provide accurate, current information and to keep it updated. You are responsible for all activity under your account and for maintaining your login credentials securely. If you suspect unauthorized access, email us at support@usebalancer.com.

4. Payments and Billing

4.1 Fees

Certain features require payment. We will notify you of fees before they apply.

4.2 Pricing Changes

Balancer may change pricing with notice. Promotional offers may not apply to all users.

4.3 Authorization

By providing a payment method, you authorize us to charge for use of paid features and applicable taxes.

4.4 Delinquent Accounts

Failure to pay may result in account suspension or deletion. You remain responsible for charges incurred and any collection fees.

5. Licenses

5.1 Limited License

Subject to these Terms, we grant you a limited, non-transferable, non-sublicensable, revocable license to use the Service for your internal business use.

5.2 Restrictions

You may not:

Reverse-engineer, reproduce, or distribute the Service.
Circumvent access controls.
Use the Service for unlawful or competitive purposes.

5.3 Output Ownership

You own the financial reports and insights (“Balancer Output”) generated by your use of the Service. We may reuse de-identified or aggregated data for product improvement.

5.4 Feedback

Any suggestions you provide become our property. We may use them freely without compensation.

6. Ownership

Balancer owns all rights to the software, design, data structures, and content of the Service, excluding your uploaded or linked data. No rights are granted except as expressly stated.

7. Third-Party Services

You may link external financial services (e.g., banks, accounting platforms). We are not responsible for those services or their content. Payment processing may be handled by Stripe or other providers, subject to their terms.

8. User Content

Any content you upload (e.g., bank data, custom rules) remains yours. You grant us a license to use it solely to provide and improve the Service.

9. Communications

We may send you product updates, alerts, and marketing messages. You can opt out of non-essential communications.

10. Prohibited Conduct

You agree not to:

Use the Service illegally.
Interfere with system integrity.
Scrape or reverse-engineer Balancer.
Misrepresent your identity or company.

11. Changes to Terms

We may update these Terms at any time. Material changes will be announced via email or on the Service. Continued use after changes means acceptance.

12. Termination

We may suspend or terminate access at any time for violations or inactivity. You may cancel anytime by contacting support@usebalancer.com.

13. Indemnity

You agree to defend and indemnify Balancer and its affiliates against any third-party claims related to your use of the Service, your content, or your breach of these Terms.

14. Disclaimer

The Service is provided “as is.” We do not guarantee accuracy or completeness of outputs. You use the Service at your own risk and should consult a professional accountant before relying on AI-generated financial data.

15. Limitation of Liability

To the fullest extent permitted by law, our liability is limited to the greater of $100 or the amount you paid us in the 12 months prior to the claim. We are not liable for indirect or consequential damages.

16. Dispute Resolution

Most disputes must be resolved through individual arbitration (not court). You may opt out within 30 days of accepting these Terms by emailing legal@usebalancer.com.

17. Miscellaneous

17.1 Governing Law

These Terms are governed by the laws of the State of California without regard to conflicts of law principles.

17.2 Jurisdiction

You agree to the exclusive jurisdiction of the courts located in San Francisco, California for any permitted legal proceeding.

17.3 Entire Agreement

These Terms and our Privacy Policy are the entire agreement between you and Balancer.