Terms of Service

1. Who these terms are between

Baliza is operated by [TODO: registered legal entity name], [TODO: registered address], [TODO: company registration number] ('we', 'us'). 'You' means the organisation that holds the Baliza account, and anyone using it under that account.

2. The service

Baliza is a platform for receiving, routing and answering customer conversations across channels, with automation, knowledge base and scheduling features. We provide it as software over the internet; you do not receive a copy of it.

We improve the service continuously and may add, change or remove features. We will not make a change that materially reduces core functionality you rely on without giving you reasonable notice.

3. Accounts and access

• You must give accurate account details and keep them current.
• You are responsible for everything done under your account, including by the people you invite.
• You must keep credentials and API keys confidential and tell us promptly if you believe they have been compromised.
• You are responsible for assigning roles appropriately, since roles determine who can read which conversations.
• The service is for organisational use and not intended for children.

4. Your responsibilities for the people you talk to

This is the most important obligation in these terms, because Baliza handles conversations with your customers.

In data protection terms you are the controller of the conversations you have with your own customers, and we are your processor. That means you decide what data you collect and why, and you are responsible for having a lawful basis to do so.

• You must maintain your own privacy notice telling your customers that their conversations are handled on your behalf, and what happens to them.
• You must obtain any consent your own laws require, including for any optional website engagement tracking you switch on.
• You must handle requests from your customers to access or delete their data, using the tools the service provides.
• You must not upload special categories of data — such as health, biometric or financial identifiers — unless you have a lawful basis and have told us, so we can confirm the service is appropriate.
• Where required, you must enter into our Data Processing Agreement, which forms part of these terms.

5. Acceptable use

You must not use Baliza to:

• Send unsolicited bulk messages, or anything that breaches marketing or anti-spam law.
• Send unlawful, harassing, deceptive or infringing content.
• Impersonate another person or organisation, or misrepresent an automated reply as coming from a named individual in a way that deceives.
• Attempt to gain unauthorised access to the service, other customers' data, or the underlying infrastructure.
• Probe, scan or load-test the service without our prior written permission.
• Resell or provide the service to third parties unless we have agreed to it in writing.

We may suspend an account without notice where continued use presents a security risk, threatens the service for other customers, or appears clearly unlawful. We will tell you why and, where we reasonably can, give you a chance to fix it.

6. Your content

Your conversations, contacts, knowledge base articles and configuration remain yours. We claim no ownership over them.

You grant us only the permission needed to run the service for you: to store, transmit, index and display your content, and to process it through the features you enable. We do not use your conversation content to train AI models.

7. Third-party channels

Channels such as messaging platforms and email delivery are operated by third parties. When you connect one, you are also bound by that provider's terms, and their availability, message limits and approval processes are outside our control.

Some channels require review or approval by the platform before they can be used in production. We cannot guarantee that approval, or how long it takes.

8. AI features

Baliza does not include an AI provider. You connect your own, and your use of it is governed by your agreement with that provider — including its pricing, its availability, and whether it retains or trains on the content sent to it.

AI-generated replies can be wrong, incomplete or inappropriate. You are responsible for what your automated replies say to your customers, for reviewing how your bots are configured, and for providing a route to a human. Do not rely on AI output as legal, medical, financial or other professional advice.

9. Fees

[TODO: no billing exists in the product today. Before charging, add the commercial terms here — plans and what they include, billing period, taxes, payment terms, late payment, price-change notice, refund policy, and what happens to data on non-payment. Consumer-facing withdrawal rights may also apply depending on who you sell to.]

10. Availability and support

We aim to keep Baliza available and reliable, but we do not promise uninterrupted service. Maintenance, third-party outages and factors outside our control can interrupt it.

[TODO: state the support channels and response expectations you are willing to commit to, and whether any service level agreement applies. Do not promise an uptime figure you are not measuring.]

11. Term, termination and your data

You may stop using Baliza and close your account at any time. We may terminate for material breach that is not fixed within a reasonable period after we tell you about it, or immediately where the breach cannot be fixed.

After termination you can export your data for a limited period, after which we delete it in line with our Privacy Policy and Data Processing Agreement. [TODO: state the export window and deletion timeline, and make sure the product actually implements them.]

12. Warranties and disclaimers

We provide the service with reasonable skill and care. Beyond that, and to the extent the law allows, the service is provided as is, without further warranties. We do not warrant that it will be error free or that automated replies will be accurate.

[TODO: a lawyer must adjust this to your jurisdiction. Statutory rights that cannot be excluded — especially for consumers — will override anything written here.]

13. Limitation of liability

[TODO: liability caps and exclusions must be drafted for your jurisdiction and insurance position. As a starting point for review: exclude indirect and consequential loss and loss of profits; cap aggregate liability at the fees paid in the preceding twelve months; and never purport to exclude liability for death or personal injury, fraud, or anything else the law does not allow to be excluded.]

14. Indemnity

You will defend and indemnify us against claims arising from your content or your use of the service in breach of these terms — in particular claims by your own customers about how you handled their data or what your automated replies told them. [TODO: confirm scope and mutuality with a lawyer.]

15. Changes to these terms

We may update these terms. For material changes we will give you reasonable advance notice by email or in the application. Continuing to use Baliza after a change takes effect means you accept the updated terms.

16. Governing law and disputes

[TODO: state governing law and the courts with jurisdiction, matching your registered entity. Note that consumer protection and data protection rules in your customers' countries may apply regardless of this clause.]

17. Contact

Questions about these terms can be sent to [TODO: legal contact address] or by post to [TODO: registered address].