Terms of Service

Last Updated: October 26, 2023

Welcome to balmy.pro. These Terms of Service ("Terms") govern your access to and use of the balmy.pro website, services, and applications (collectively, the "Service"). The Service is provided by balmy.pro ("we," "us," or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

1. Acceptance of Terms

By creating an account, logging in, browsing, or otherwise using the Service, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you are using the Service on behalf of an organization, you are agreeing to these Terms for that organization and representing that you have the authority to bind that organization to these Terms. In that case, "you" and "your" will refer to that organization.

We reserve the right to modify or update these Terms at any time at our sole discretion. We will provide notice of significant changes by posting the new Terms on this page and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.

2. Use of Service

2.1 Eligibility

You must be at least 18 years of age, or the age of majority in your jurisdiction, to use the Service. By using the Service, you represent and warrant that you meet this eligibility requirement.

2.2 Account Registration

Access to certain features of the Service requires registration. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are responsible for safeguarding your password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

2.3 License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your personal or internal business purposes.

2.4 Service Modifications

We reserve the right to modify, suspend, or discontinue the Service (or any part thereof) at any time, with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

3. User Responsibilities

You are solely responsible for your conduct and any data, text, files, information, or other materials that you submit, post, or display on or via the Service.

3.1 Acceptable Use

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party right.
• Infringe the intellectual property or other proprietary rights of any party.
• Distribute viruses, malware, or any other destructive code.
• Engage in phishing, spamming, or other unauthorized advertising.
• Interfere with or disrupt the integrity or performance of the Service or its underlying systems.
• Attempt to gain unauthorized access to the Service, other accounts, or our networks.
• Harass, abuse, or harm another person or entity.
• Collect or harvest any information from the Service without our express permission.

3.2 User Content

You retain ownership of any content you create or upload to the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, and display such User Content solely for the purpose of operating, providing, and improving the Service.

You represent and warrant that you own or have the necessary rights to all User Content you submit and that such content does not violate these Terms.

4. Intellectual Property

4.1 Our Property

The Service and its original content (excluding User Content), features, and functionality are and will remain the exclusive property of balmy.pro and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

4.2 Feedback

If you provide us with any feedback, suggestions, or ideas regarding the Service ("Feedback"), you hereby assign to us all right, title, and interest in and to that Feedback. We are free to use such Feedback without any restriction or compensation to you.

5. Limitation of Liability

5.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BALMY.PRO, ITS DIRECTORS, EMPLOYEES, PARTNERS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) 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 WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED US DOLLARS (USD $100), WHICHEVER IS GREATER.

5.3 Indemnification

You agree to