Terms
Terms of Service
These Terms are a practical publication draft for BalconyAI. They should be reviewed by qualified legal counsel before you rely on them as legal advice.
1. Who we are
These Terms of Service ("Terms") govern your access to and use of BalconyAI, including the BalconyAI iOS app, related websites, APIs, AI image generation features, subscription features, and support services (collectively, the "Service"). In these Terms, "BalconyAI", "we", "us", and "our" refer to the operator of the BalconyAI Service.
By downloading, accessing, purchasing, subscribing to, or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
2. Eligibility
You must be at least 13 years old to use the Service. If you are under the age of majority where you live, you may use the Service only with the involvement and consent of a parent or legal guardian.
3. What BalconyAI does
BalconyAI helps users create AI-assisted balcony garden design concepts. You can upload or capture a balcony photo, select design preferences such as balcony type, sun exposure, plant preferences, style, and optional accessories, and receive an AI-generated design image and related plant suggestions.
The Service is for inspiration and informational purposes only. BalconyAI does not provide professional architectural, engineering, construction, horticultural, safety, legal, medical, or veterinary advice.
4. Accounts and user identity
The Service may create an anonymous user identifier for your device and store it locally, including in iOS Keychain, to support usage limits, history, subscription checks, and restore purchase behavior. You are responsible for keeping your device secure and for activity that occurs through your device or account identifier.
5. Photos, prompts, and user content
You retain ownership of photos, text descriptions, preferences, and other content you submit to the Service ("User Content"). You grant BalconyAI a worldwide, non-exclusive, royalty-free license to host, store, reproduce, transmit, modify, process, create derivative works from, and display your User Content solely as needed to operate, improve, secure, support, and provide the Service.
You represent that you have all rights needed to submit User Content to the Service. You must not upload content that is illegal, infringing, deceptive, harmful, invasive of another person's privacy, or otherwise violates these Terms.
6. AI-generated outputs
AI-generated designs, plant suggestions, and related outputs may be inaccurate, incomplete, unrealistic, unsafe for your actual space, or unsuitable for your climate, pets, building rules, budget, or personal circumstances. You are solely responsible for evaluating and verifying any output before relying on it.
You should consult qualified professionals before making structural changes, installing heavy objects, changing irrigation, using electrical equipment outdoors, or selecting plants that may affect children, pets, allergies, building rules, or safety.
7. Subscriptions, free trials, billing, and cancellation
BalconyAI may offer free access with limited usage and paid auto-renewable subscription plans, including weekly and yearly subscription options. Subscription options, trial availability, prices, renewal periods, and included features are displayed in the app before purchase and may change from time to time.
Subscriptions purchased through the Apple App Store are billed by Apple and renew automatically unless canceled before the end of the current billing period or trial period. You can manage, cancel, or change subscriptions through your Apple ID subscription settings. Refund requests for App Store purchases are handled by Apple under Apple's policies.
If a free trial is offered, your subscription will begin and Apple may charge you at the end of the trial unless you cancel before the trial ends. Deleting the app does not cancel a subscription.
We use Adapty and Apple StoreKit-related services to present paywalls, process subscription status, restore purchases, and synchronize subscription access. We do not receive or store your full payment card details.
8. App Store terms
If you downloaded BalconyAI from the Apple App Store, your use of the app is also subject to Apple's applicable terms, including Apple's standard Licensed Application End User License Agreement unless a custom EULA is provided in App Store Connect. Apple and its subsidiaries are third-party beneficiaries of these Terms to the extent required by Apple's terms.
9. Acceptable use
You agree not to:
- Use the Service for unlawful, abusive, fraudulent, or harmful purposes.
- Upload content you do not have permission to use.
- Attempt to reverse engineer, scrape, overload, disrupt, or bypass the Service or its rate limits.
- Interfere with security, subscription checks, payment flows, or access controls.
- Use generated outputs to mislead others or violate third-party rights.
- Use the Service to create or distribute malicious, harassing, discriminatory, or illegal content.
10. Intellectual property
BalconyAI and its software, design, branding, app experience, source code, templates, systems, and related materials are owned by BalconyAI or its licensors and are protected by intellectual property laws. These Terms grant you a limited, personal, non-transferable, revocable right to use the Service as intended.
Subject to your compliance with these Terms and third-party rights, you may use AI-generated design outputs for personal, non-commercial planning and inspiration. We do not guarantee that AI-generated outputs are unique or that similar outputs will not be generated for others.
11. Third-party services
The Service relies on third-party services for hosting, storage, app subscriptions, payment processing, AI image generation, error monitoring, plant data, and local nursery search. These services are governed by their own terms and policies. We are not responsible for third-party services, data, content, outages, or policy changes.
12. Privacy
Our Privacy Policy explains how we collect, use, store, and share information. By using the Service, you agree that we may process information as described in the Privacy Policy.
13. Service changes and availability
The Service is provided on an "as is" and "as available" basis. We may modify, suspend, or discontinue all or part of the Service at any time. We do not guarantee that the Service will be uninterrupted, timely, secure, error-free, or available in every location or on every device.
14. Disclaimer of warranties
To the maximum extent permitted by law, we disclaim all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service or any AI-generated output will meet your requirements, be accurate, be safe for implementation, or be free from errors.
15. Limitation of liability
To the maximum extent permitted by law, BalconyAI and its affiliates, officers, employees, contractors, agents, licensors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost data, loss of goodwill, business interruption, or personal or property damage arising from reliance on AI-generated outputs.
To the maximum extent permitted by law, our total liability for all claims relating to the Service will not exceed the greater of the amount you paid for the Service in the 12 months before the claim or USD $100.
16. Indemnification
You agree to defend, indemnify, and hold harmless BalconyAI and its affiliates, officers, employees, contractors, agents, licensors, and service providers from claims, damages, liabilities, losses, and expenses arising from your User Content, misuse of the Service, violation of these Terms, or violation of law or third-party rights.
17. Termination
You may stop using the Service at any time. We may suspend or terminate access to the Service if we believe you violated these Terms, created risk for us or others, or used the Service in a harmful or unlawful way. Sections that by their nature should survive termination will survive, including ownership, disclaimers, limitations of liability, indemnity, and dispute terms.
18. Governing law and disputes
These Terms are governed by the laws of the State of California, United States, without regard to conflict of laws rules, except where local consumer protection law requires otherwise. Before filing a claim, you agree to contact us and try to resolve the dispute informally.
19. Changes to these Terms
We may update these Terms from time to time. When we do, we will update the "Last updated" date above. If changes are material, we may provide additional notice in the app, by email if available, or on our website. Your continued use of the Service after changes become effective means you accept the updated Terms.
20. Contact
For questions about these Terms, contact us at support@balconydec.com.