Terms & Conditions
Effective Date: 2023/12/07
By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app.
You’re not allowed to copy or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages or make derivative versions.
The app itself, and all the trademarks, copyright, database rights, and other intellectual property rights related to it, still belong to Pallar Media Limited.
Pallar Media Limited is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason.
1. Use of BALA AI
The app stores and processes personal data that you have provided to us, to provide my Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the app won’t work properly or at all.
You should be aware that there are certain things that Pallar Media Limited will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi or provided by your mobile network provider, but Pallar Media Limited cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that the terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third-party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, Pallar Media Limited cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, Pallar Media Limited cannot accept responsibility.
2. Conditions Of Use
You are solely responsible for all Content you submit to the Services. (When we say “Content you submit” and similar terms, we mean anything you seek to post, transmit, or share, including but not limited to text, images, sounds, video, graphics, information, or other data.)
A. You agree not to submit any Content that:
a. infringes any intellectual property or other proprietary rights of any party;
b. you do not have a right to submit;
c. contains software viruses or any computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
d. poses a privacy or security risk to any person;
e. constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
f. is threatening, abusive, harassing, tortious, bullying, or excessively violent;
g. is defamatory, libelous, or verifiably false with the purpose of harming others;
h. constitutes hate speech that demeans or promotes discrimination or violence on the basis of race, ethnicity, gender, religion, age, or other social, physical or mental characteristics;
i. is obscene or pornographic;
j. constitutes sexual harassment;
k. constitutes sexual exploitation or abuse of a minor, including sharing child sexual exploitation or abuse imagery or content, grooming, or sexual extortion;
l. glorifies self-harm, including self-injury, suicide, or eating disorders;
m. promotes terrorism or violent extremism;
n. furthers or promotes criminal activity;
o. seeks to buy or sell illegal drugs;
p. facilitates fully automated decision making that adversely impacts a person’s legal rights or creates a binding, enforceable obligation;
q. seeks to provide medical, legal, financial or tax advice;
r. interferes with or disrupts the Services or servers or networks connected to the Services,
s. interferes with or appropriates any person’s right of publicity by using their name, likeness or persona (a) without permission and (b) outside a permissible context such as non-commercial parody or public commentary; or
t. in the sole judgment of BALA AI, is objectionable or that restricts or inhibits any other person from using or enjoying the Services, or which may expose BALA AI or its users to any harm or liability.
B. You likewise agree not to do any of the following in connection with your use of the Services:
a. disobey any requirements, procedures, policies or regulations of networks connected to the Services;
b. violate any applicable law or regulation;
c. impersonate any person or entity, or misrepresent your affiliation with a person or entity;
d. solicit personal information from anyone under the age of 18;
e. harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
f. obtain or attempt to obtain any information through any means not intentionally made available or provided for through the Services;
g. lease, lend, sell or sublicense any part of the Services;
h. try to evade any technological measure designed to protect the Services or any technology associated with the Services; or
i. reverse engineer, disassemble, decompile, decode, adapt, or otherwise attempt to derive or gain access to any Services source code, in whole or in part (unless a portion of code within the Services is released as open source and the open source license governing such code expressly permits reverse engineering, copying or other modification).
3. Intellectual Property Rights
A. Content You Submit.
When you submit Content to the Services, you represent and warrant that you own all right, title and interest in and to that Content (including, without limitation, all copyrights and rights of publicity), or that you have received all necessary permissions, clearances, and authorizations in order to submit it to the Services for the uses contemplated in these Terms.
When you submit such Content, you retain whatever ownership rights in that Content you had to begin with. You grant BALA AI, to the fullest extent permitted under the law, a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, modify, exploit, commercialize and otherwise use the Content for any BALA AI-related purpose in any form, medium or technology now known or later developed, including without limitation to operate, improve and provide the Services. You agree that these rights and licenses include a right for BALA AI to make the Content available to, and pass these rights along to, others with whom we have contractual relationships, and to otherwise permit access to or disclose the Content to third parties if we determine such access is or may be necessary or appropriate.
B. Characters & Generations.
When you create an automated AI character ("Character") using the Services in accordance with these Terms, then as between you and BALA AI, you own all rights in that Character. As between you and BALA AI, you also own any text, images, audio, or video the Character generates ("Generations") that are elicited by you. You grant BALA AI, to the fullest extent permitted under the law, a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, access, modify, exploit, commercialize and otherwise use the Character and all Generations elicited by you for any purpose in any form, medium or technology now known or later developed, including but not limited to (i) facilitating other users’ ability to interact with the Character and elicit Generations, and (ii) promoting the Services on- or off-platform.
When you interact with a Character created by BALA AI or created by another user who utilized the Services in accordance with the then-applicable Terms, then you own Generations that are elicited by you from such Character (but not the Character itself or other Generations or other Content, all of which will remain owned by BALA AI or the other third-party owner(s) thereof, as applicable). You grant BALA AI, to the fullest extent permitted under the law, a nonexclusive, worldwide, royalty-free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, transmit, make available, store, access, modify, exploit, commercialize and otherwise use the Generations elicited by you for any purpose in any form, medium or technology now known or later developed, including but not limited to (i) facilitating other users’ ability to interact with the Character and elicit Generations, and (ii) promoting the Services on- or off-platform.
C. Services Content, Software and Trademarks.
You acknowledge and agree that the Services may contain content or features protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar automated data gathering or extraction methods. If you are blocked by us from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or content on the Services other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by us.
The BALA AI name and logos are trademarks of BALA AI (collectively the “BALA AI Trademarks”). Other trademarks used and displayed via the Services may be trademarks of their respective owners who may or may not endorse or be affiliated with or connected to BALA AI. Nothing in these Terms or the Services should be construed as granting any license or right to use any of BALA AI Trademarks without our prior written permission in each instance. All goodwill generated from the use of BALA AI Trademarks will inure to our exclusive benefit.
D. Third Party Material.
Under no circumstances will BALA AI be liable for any content or materials of any third parties, including Characters created by third parties and any resulting Generations. This includes, but is not limited to, infringement of intellectual property rights, errors or omissions in any content, and any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that we do not pre-screen content and that AI-generated chats, by their nature, are unpredictable and may produce Generations that are inaccurate or offensive. You agree that you must evaluate, and bear all risks associated with, the use of any Content or Generations. You should not rely on the accuracy or completeness of statements made in Content or Generations, and if you do so, you acknowledge that it is at your own risk.
You acknowledge that we have the right (but not the obligation) in our sole discretion to refuse or remove any content (including Content, Characters and Generations) that is available via the Services. Without limiting the foregoing, we have the right to remove any content that violates these Terms or is deemed otherwise objectionable by us, in our sole discretion.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services provided by you to BALA AI are non-confidential, and that we are entitled to use and disseminate them for any purpose, without acknowledgment of or compensation to you.
You acknowledge and agree that we may preserve content and metadata in compliance with applicable law and our Privacy Policy. You acknowledge and agree that we may disclose content and/or metadata if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of BALA AI, its users and the public.
4. Copyright Complaints
BALA AI respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify BALA AI of your infringement claim in accordance with the procedure set forth below.
DMCA Notices. BALA AI will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A written notification of claimed copyright infringement should be sent to [email protected]. You can also report an copyright infringement in the App.
To be effective, the complaint must be in writing and contain the following information:
A description of the copyrighted work or other intellectual property that you claim has been infringed;
A description of where the material that you claim is infringing is located on the Services, with enough detail that we may find it on the Services;
Your address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Counter-Notices. If you believe that your Content was removed or disabled due to a DMCA notice, and you believe the Content is not infringing, you may send us a written counter-notice containing the following information:
Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
Your name, address, telephone number and email address; and
A statement that you consent to the jurisdiction of the federal court located within the Northern District of California and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If we receive a counter-notice, we will send a copy of the counter-notice to the original complaining party informing them that we will restore the removed/disabled content within 14 business days unless the original complaining party tells us they have filed a court action relating to the Content.
Repeat Infringer Policy. In accordance with the DMCA and other applicable law, BALA AI has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, users who are deemed to be repeat infringers. BALA AI may also at its sole discretion limit access to the Services or terminate the registrations of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
5. Paid Accounts
Billing. If you purchase any Services, you will provide complete and accurate billing information, including a valid payment method. For paid subscriptions, we will automatically charge your payment method on each agreed-upon periodic renewal until you cancel. You’re responsible for all applicable taxes, and we’ll charge tax when required. If your payment cannot be completed, we may downgrade your account or suspend your access to our Services until payment is received.
Cancellation. You can cancel your paid subscription at any time. Payments are non-refundable, except where required by law. These Terms do not override any mandatory local laws regarding your cancellation rights.
Changes. We may change our prices from time to time. If we increase our subscription prices, we will give you at least 30 days’ notice and any price increase will take effect on your next renewal so that you can cancel if you do not agree to the price increase.
PLEASE NOTE THAT IF YOU HAS AUTO-RENEWABLE SUBSCRIPTIONS, YOUR BILLING MAY CONTINUE THROUGH THE PAYMENT PLATFORM SUCH AS APPLE, GOOGLE PAY DUE TO THE PAYMENT POLICY OF SUCH PAYMENT PLATFORM, EVEN THOUGH YOUR BALA AI ACCOUNT HAS BEEN DELETED. IN CONSIDERATION OF THIS, WE STRONGLY SUGGEST YOU TO CANCEL YOUR SUBSCRIPTION BEFORE DELETING YOUR ACCOUNT.
6. Termination and Suspension
Termination. You are free to stop using our Services at any time. We reserve the right to suspend or terminate your access to our Services or delete your account if we determine:
a. You breached these Terms or our Usage Policies.
b. We must do so to comply with the law.
c. Your use of our Services could cause risk or harm to BALA AI, our users, or anyone else.
d. We also may terminate your account if it has been inactive for over a year and you do not have a paid account. If we do, we will provide you with advance notice.
7. Disclaimer of Warranty
OUR SERVICES ARE PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE SERVICES, AND DISCLAIM ALL WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED.
YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS FROM OUR SERVICE IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.
8. Update
At some point, we may wish to update the app.You’ll need to download the updates if you want to keep using the app. Pallar Media Limited does not promise that it will always update the app so that it is relevant to you and/or works with the iOS/Android version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
9. Changes to This Terms and Conditions
I may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. I will notify you of any changes by posting the new Terms and Conditions on this page.
10 .Contact Us
If you have any questions or suggestions about my Terms and Conditions, do not hesitate to contact me at [email protected].