Last updated: 14.05.2024
Subject to these Terms & Conditions in their current version ("Terms"), Balu GmbH provides you with the Balu platform through its website at www.getbalu.com and related mobile applications (collectively with all new features and applications, the "Platform") and the Balu community and related services (collectively with the Platform, including all new features and applications, the "Services"). If you are an adoption applicant (as defined below), an animal welfare organization (as defined below), a comment contributor, or a donor (as defined below) (collectively referred to herein as "Users"), you enter into a contract with Balu GmbH, Lottumstrasse 13a, 10119 Berlin, Germany.
Unless expressly stated otherwise, "Balu," "we," "us," "our" and similar terms for the purposes of these Terms & Conditions refer to the party you are contracting with. For clarity: Balu GmbH may enforce and exercise our rights under these Terms on behalf of the party you are contracting with. Details of how to contact us can be found at the end of these Terms.
BY USING THE SERVICES, YOU EXPRESSLY CONFIRM THAT YOU HAVE READ AND UNDERSTOOD ALL THESE TERMS & CONDITIONS.
We reserve the right to change or modify parts of these Terms & Conditions at our sole discretion at any time. Where possible, we will inform you of significant changes to these Terms 30 days in advance and notify users via email or other appropriate means. Changes may be made short-term or without notice if a change is required by law. When we make a change, we will post the revised Terms on this page and indicate the date of this revision.
By continuing to use the Services after the date of these changes, you accept the new Terms & Conditions. To the extent permitted by law, the German version of these Terms is binding, and translations into other languages are for convenience only. In the event of inconsistencies between the German version of these Terms and their translations, the German version shall prevail. If you do not wish to accept the new Terms, you are free to terminate your use of the Services.
In addition, when using the Services, you are subject to other applicable policies, including, but not limited to, the Privacy Notice.
ACCESS TO AND USE OF THE SERVICES
Description of Services: The Services are offered as a platform that allows animal shelters and animal welfare organizations (the "Animal Welfare Organization") to facilitate the adoption of animals. Users can apply for the adoption of an animal through the platform ("Adoption Applicants"). In addition, animal welfare organizations can post a fundraising campaign ("Fundraiser") on the platform to receive monetary donations ("Donations") from donors ("Donors").
Payment Service Providers: Balu is not a payment service provider and does not hold any funds itself. Instead, Balu uses third-party payment processors to process donations for an animal welfare organization ("Payment Service Providers"). You acknowledge and agree that the use of payment service providers is an integral part of the Services and that we exchange information with payment service providers to facilitate the provision of the Services. See the following section "Payment Service Providers" and our Privacy Notice for details on the third parties with whom we work and share information.
Transaction Fee: Please note that initiating or maintaining a fundraiser itself is free of charge, but a transaction fee, including credit and debit fees, will be deducted from each donation (hereinafter and on the website referred to as the "Transaction Fee").
The Services are platforms; we are not brokers, financial institutions, lenders, or charitable organizations: The Services are purely administrative platforms. Balu enables animal welfare organizations to offer animals for adoption and allows adoption applicants to apply for these animals. Balu also enables animal welfare organizations to create a fundraiser and allows donors to donate to these fundraisers. Balu is not a broker, agent, financial institution, lender, or non-profit organization.
All information and third-party content provided by us in the Services is for informational purposes only, and Balu does not guarantee the accuracy, completeness, timeliness, or reliability of such information or content. Content does not constitute financial, legal, tax, or other professional advice. Before making decisions regarding adoptions, animal welfare organizations, donations, donors, or information or content related to the Services, you should seek advice from your financial, legal, tax, or other professional advisors. You acknowledge that accessing information and content using the Services is at your own risk. Furthermore, we do not guarantee the success of any fundraiser or the receipt of donations. We do not endorse any fundraiser, user, or purpose and do not make any express or implied warranty that the information provided through the Services is correct. We expressly disclaim any liability or responsibility for the outcome or success of any fundraiser. Moreover, we do not guarantee the successful placement of animal welfare organizations or the successful adoption of an adoption applicant. We do not endorse any animal welfare organizations or adoption applicants and do not make any express or implied warranty regarding the information provided through the Services in this context.
No Solicitation: The Balu platform is offered to assist animal welfare organizations in facilitating adoptions and fundraising. Balu only provides the technology that allows users to connect with animal welfare organizations. The availability of the Services does not constitute a solicitation for donations or adoptions by Balu, and Balu does not participate in solicitation or advise on solicitation for donations or adoptions to the public on behalf of any individual or organization. By using the Services, you agree that Balu is not responsible for the use of your donations or the amount of funds raised for the animal welfare organization.
Donors: All donations are made at your own risk. If you make a donation through one of the platforms, it is your responsibility to understand how your money is being used and to regularly check the content of the fundraiser for updates. Balu is not responsible for offers, promises, rewards, or promotions (as defined below) made or offered by animal welfare organizations; such behavior violates these Terms & Conditions. We cannot review the information provided by animal welfare organizations and do not warrant or guarantee that donations will be used in accordance with the purpose stated by the animal welfare organization or in compliance with applicable laws. Notwithstanding the foregoing, we take potential fraudulent activity and misuse of collected donations reported to us very seriously. If you have reason to believe that an animal welfare organization is not collecting or using donations for the stated purpose, please email us at contact@balu.team to alert our team to this potential issue. We will then investigate the matter.
If you are a donor to a charitable organization that is established as such under applicable laws ("Charity"):
A. You are not permitted to restrict the use of such donation by the Charity. To the extent that you make a donation in response to a call for a specific program of a Charity or to the extent that you claim to direct the use of donations by a Charity, such instructions are merely non-binding recommendations, and the Charity may decide at its sole discretion how to use all donations.
B. You should consult your tax advisor to determine the amount of your donation that is tax-deductible or tax-recognizable, considering (among other things) the tax status of the recipient of a donation in the respective jurisdiction. Balu makes no representations as to whether your donations, including any transaction fees, are wholly or partially tax-deductible or eligible for a tax credit. Balu assumes no liability for claims by national, state, provincial, territorial, local, or other tax authorities in connection with the description of a donation in a corresponding tax return by you, a user, or a Charity.
C. You acknowledge and agree that, pursuant to our Privacy Notice, certain of your personal data will be shared with the Charity to which you make a donation, particularly as part of a donor list (as defined below), and that this may be used by the Charity to issue official donation receipts (or equivalent documents) and in accordance with the Charity's privacy policies. Balu is not responsible for and assumes no liability for the use of donor information by a Charity.
Animal Welfare Organizations: As an Animal Welfare Organization, you agree to ensure that: (i) all information you provide (whether through yourself, a representative, or using artificial intelligence) related to an animal up for adoption or a fundraiser is accurate and complete and not likely to mislead users, and that you will post updates as needed so users can understand the use of funds and other relevant information about your fundraiser; (ii) all donations you contribute to your fundraiser are used solely as described in the materials you publish or otherwise make available; (iii) if you withdraw donations that donors believe were collected on behalf of another person, all donations will be forwarded to and/or paid on behalf of the beneficiary; (iv) you will not infringe the rights of others; (v) you will comply with all relevant and applicable laws and financial reporting obligations, including, but not limited to, laws and obligations relating to registration, tax reporting, political contributions, and asset disclosure for your fundraiser; (vi) to the extent you provide us with personal data of third parties for any purpose, including the names, email addresses, and phone numbers of your personal contacts, you have the necessary authority under applicable law (including any required consents) to provide us with such personal data and to allow us to use such personal data for the purposes for which you have shared it with us; and (vii) you will not offer or provide goods or services in exchange for donations. You authorize Balu, and Balu reserves the right, to share information about your fundraiser with donors, beneficiaries, or law enforcement or other regulatory authorities and to assist them in investigations.
Your Registration Obligations: You may be required to register with Balu to access and use certain features of the Services. If you register for the Services, you agree to provide true, accurate, current, and complete information about yourself or your Charity as prompted by the Services' registration form and to keep this information up to date. Animal welfare organizations must register with their true identity (or the identity of the authorized representatives of the Charity), including their name, address, and any images or videos purporting to represent the animal welfare organization of such a fundraiser. You agree to keep registration information up to date.
Registration data and certain other information about you are subject to these Terms & Conditions and our Privacy Notice. If you are under 13 years old (16 years in the European Economic Area), you are not allowed to use the Services, whether you are registered or not. If you have not yet reached the legal age of majority in your jurisdiction (usually 18 or 19 years), you may also only use the Services with the permission of a parent or guardian, whether you are registered or not. For certain aspects of our Services, you may also be required to register with third-party service providers (e.g., payment service providers) with whom Balu has contracts and agree to their respective terms to use their services. If Balu or one of our payment service providers determines at any time that the information you provide or the purpose of your fundraiser is inaccurate or violates these Terms & Conditions or their terms of use, your access to the Services may be suspended and/or terminated immediately, and the appropriate authorities may impose fines, which must be paid by you in all cases.
Charity: The Balu Services include the features and services described herein. All donations are subject to a transaction fee for each donation.
A. Chargebacks and Refunds. Occasionally, a donor may dispute a credit card charge for a donation through the Services or request a refund under the Balu Donation Guarantee.
If donations were made through Stripe, the Charity has control over the donations and not Balu. Stripe is responsible for issuing refunds and handling chargebacks directly with the donors.
B. Removal of a Charity from our Database. If you are the authorized representative of a Charity and do not want your Charity to appear in Balu's searchable database, you can contact contact@balu.team to request the removal of your Charity from our database. Please include your full name, title, and an email address and phone number for your Charity in your email. Please note that once removed from the Balu database, your Charity will no longer be eligible to receive donations through the platforms.
C. Receiving Funds. As a Charity, the receipt of donations, less any applicable transaction fees, is subject to the procedures and terms of the respective payment service provider. The available payment service providers are described below under "Payment Service Providers for Charities." Balu is not a payment service provider and does not manage any funds.
D. Taxes. Balu does not withhold any funds for tax or other purposes. Charities are solely responsible for taxes based on applicable international, national, state, local, or other taxes or levies, or for applicable taxes based on their net income or, if applicable, their gross receipts.
E. Donor Lists and Other Data. A Charity may access information about an animal welfare organization, donor lists (defined below), and donor data (defined below) for compliance and transaction purposes. If you have any questions, please contact us here. "Donor Data" includes the donor's name, email address, donation amount, transaction date, transaction identification number, and project name. THE LIST OF DONORS WHO CONTRIBUTE TO A CHARITY'S FUNDRAISER THROUGH THE SERVICES ("DONOR LISTS") IS PROVIDED ON AN "AS IS" BASIS, AND BALU MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES AS TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE DONOR LIST OR THE INFORMATION CONTAINED THEREIN. Even if a donor checks the "Anonymous" checkbox at the time of donation, the donor agrees to the disclosure of the donor's data as described here, including but not limited to disclosure as part of a donor list.
Taxes: It is your responsibility to determine which taxes, if any, apply to the donations you receive through your use of the Services. It is solely your responsibility to determine, collect, report, or remit the correct tax to the tax authorities.
Member Account, Password, and Security: You are responsible for maintaining the confidentiality of your password and account, if applicable, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Balu of any unauthorized use of your password or account or any other breach of security and (b) log out of your account at the end of each session when accessing the Services. Balu is not liable for any loss or damage arising from your failure to comply with this provision.
Google Maps: The platform uses the functionality and content of Google Maps, subject to the then-current versions of the following policies: (i) the Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and (ii) the Google Privacy Policy at https://www.google.com/policies/privacy/.
Changes to the Services: Balu reserves the right to modify, suspend, or discontinue the Services (or any part thereof) at any time and for any reason, to the extent permitted by applicable law, without any liability to you or any third party for any claims, damages, costs, or losses arising therefrom. Although Balu strives to provide notice of planned changes or service disruptions, this may not be possible in the case of unplanned outages or legally mandated changes.
User-Posted Content.
A. Public Content; Public Display of Information and Donations. Some of your activities in and through the Services are public, such as content you publicly post on the platform (including descriptions, text, music, audio, information, data, software, graphics, comments, photos, videos, images, trademarks, logos, brands, or other materials you upload or post through the Services, including through Balu Clips or other features on the Balu platform, or share with other users or recipients) (collectively "User Content"). In addition, user profile information, including your first and last name, public email address, organization, personal biography, and other information you enter in connection with your user profile, may be displayed to other users to facilitate user interaction within the Services. As an animal welfare organization, you may, for example, post personal data that could be considered sensitive data. Furthermore, as a donor, you can choose to make your donation visible to everyone, including in search engines (such as Google and Yahoo). To keep the details of your donation private, click the "Private" checkbox during the donation process. However, your data will still be shared with the animal welfare organization and its team members as required by our Privacy Notice. Our Privacy Notice provides information on how we may collect, use, and store certain data about you and your use of the Services.
B. Other Information. Please note that user content and other information you provide to Balu upon request or unsolicited may be publicly accessible, such as information you provide in forums, comments, or in response to surveys we may send. We also collect information related to communication with customer support, your communications with us regarding ideas for new products or changes to existing products, and other unsolicited contributions or questions, comments, suggestions, ideas, feedback, or other information about the Services (collectively with publicly accessible information, "Other Information"). By submitting Other Information to us, you (i) agree that we are under no express or implied obligation of confidentiality with respect to the Other Information; (ii) acknowledge that we may already be considering or developing something similar to the Other Information; (iii) agree that Balu is entitled to use and disseminate the Other Information for any purpose, commercial or otherwise, without acknowledgment or compensation to you; (iv) represent and warrant that you have all necessary rights to submit the Other Information; (v) to the extent necessary and permitted by law, grant Balu a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, fully transferable and sublicensable right (through multiple levels) and license to use, reproduce, perform, display, distribute, adapt, modify, reformat, create derivative works of, and otherwise commercially or non-commercially exploit and sublicense the foregoing rights with respect to the Other Information; and (vi) to the extent not prohibited by applicable law, irrevocably waive any claims and assertions of moral rights or attribution with respect to the Other Information and ensure that such waiver is obtained. This section "Other Information" survives the termination of your account or the Services.
You acknowledge that Balu may retain Other Information and User Content and disclose your unsolicited information or User Content if required to do so by law or in the good faith belief that such retention or disclosure is reasonably necessary to (a) comply with legal process, applicable laws, or government requests; (b) enforce these Terms & Conditions; (c) respond to claims that User Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Balu, its users, or the public.
Communications with Third Parties: If you use a feature of the Services that allows you to communicate with third parties (for example, recommending the Services to a third party or communicating with third parties about a fundraiser or donation) by either providing the Services with data about the third parties ("Third Party Data") or otherwise allowing the Services to automatically access Third Party Data in your possession, you acknowledge and agree that you have the authority (including all required consents) of the relevant third party to provide us with access to the relevant Third Party Data and to allow us to use such Third Party Data to provide the Services. We reserve the right to identify you in communications sent to such third parties as the person who made the recommendation. We use Third Party Data to (i) contact such third parties using the provided Third Party Data; and/or (ii) provide you with a template message that can be edited and is intended to facilitate communication between you and such third parties through the Services. In addition to sending the aforementioned communications, we may also occasionally send you and third parties on your behalf reminders or related communications, where permitted by applicable law. In any case, such communications sent to third parties using Third Party Data will offer an option to opt-out of receiving further similar communications.
Sale on the Platform Prohibited: You are not permitted to offer any goods or services in exchange for a donation on the platform.
Data Retention: You acknowledge that Balu is not obligated to retain any data related to an account or fundraiser after a fundraiser is completed. You acknowledge that Balu reserves the right to delete historical data or inactive accounts without notice, subject to any data it may retain for the purpose of complying with legal obligations and/or for the purpose of establishing, exercising, or defending legal claims. Balu will attempt to notify Charities in a timely manner before deleting accounts or data. If Balu has reason to believe that fraud, misuse of the Services, or a violation of these Terms & Conditions has occurred, Balu may suspend or delete accounts or associated fundraiser data at any time with or without notice and without any liability to users or third parties for resulting claims, damages, costs, or losses to the extent permitted by law.
Mobile Services and Text Messages: The Balu Services include certain features that may be made available via a mobile device, including the ability to (i) upload user content to the Balu platform, (ii) browse the Balu platform, and (iii) access certain items through an application downloaded and installed on a mobile device (collectively, the "Mobile Services"). Standard charges, data rates, and other fees from your mobile carrier may apply when accessing the Mobile Services. Additionally, the download, installation, or use of certain Mobile Services may be prohibited or restricted by your mobile carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that we may communicate with you regarding your account matters via SMS, MMS, text message, or other electronic means through your mobile device, and that certain information about your use of the Mobile Services may be transmitted to us. If you click "Send Code" for "Text Message" when setting up your Balu account, you agree to receive automated or non-automated text messages from Balu or on behalf of Balu at the specified phone number regarding your account. You can reply with STOP to unsubscribe from such text messages, except for automated text messages that concern the security of your account. The frequency of messages may vary. Standard message and data rates may apply. Before communicating with you in this manner, we will comply with any additional requirements that may apply under local laws and regulations. If you change or deactivate your mobile phone number, you agree to update your Balu account information promptly to ensure that your messages are not sent to the person who acquires your old number.
PROHIBITED CONDUCT
You are solely responsible for complying with all applicable laws in connection with your campaign or your use of the Services. Additionally, you are solely responsible for all user content you upload, post, publish, display, transmit, or otherwise use. You are also responsible for ensuring that the funds collected are used for the purposes stated in the fundraiser. You agree to fully cooperate with our requests for such proof as we deem necessary to verify your compliance with these Terms & Conditions.
The following are examples of user content and/or uses that are illegal and/or prohibited by Balu. This list is not exhaustive, and we reserve the right to remove any fundraiser and/or investigate any user who, in our sole discretion, violates the letter or spirit of these Terms & Conditions or other policies. If we investigate your campaign, a user, or user content, we may consider all available materials, including social media, related messages, and other information that we, in our sole discretion, deem relevant to our review. We also reserve the right to prohibit or disable your use of the Services without limitation, remove the offending user content, temporarily suspend or terminate your account, stop or temporarily hold payments to such fundraisers, stop or temporarily hold donations, and report you to law enforcement or otherwise take appropriate legal action, including seeking a refund claim on our own behalf and/or on behalf of our users.
Without limiting the foregoing, you agree to and warrant, represent, and commit to:
A. Not use the Services to raise funds for fundraisers, create fundraisers, or contribute to fundraisers if they implicitly or explicitly pursue the following purposes or include the following:
B. Not to use the Services to transmit or otherwise upload User Content: (i) that infringes any intellectual property or other proprietary rights of any party; (ii) for which you do not have the right to upload under any law or under contractual or fiduciary relationships; (iii) that contains software viruses or other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) that presents or creates a privacy or security risk to any person; or (v) that 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.
C. Not to disrupt or interrupt servers or networks connected to the services or used for the provision of the services or their respective functions, or to disregard requirements, procedures, policies, or regulations of networks connected to the services or used for the provision of the services.
D. Not to collect, gather, or publish personally identifiable information of others.
E. Not to use the services on behalf of a third party or to publish personal data or other information about a third party without the explicit consent of the respective third party.
F. Not to use another user's account or URL without permission, impersonate another natural or legal person, make false statements or misrepresent your connection to a natural or legal person, misrepresent a charity or a fundraising campaign through the services, or publish user content in inappropriate categories or areas on the services.
G. Not to create any liability for Balu or cause us to lose the services of our internet service providers, web hosting companies, or other suppliers or vendors (in whole or in part).
H. Not to gain access to the services or to accounts, computer systems, or networks connected to these services by unauthorized or illegal means.
I. Not to obtain or attempt to obtain materials or information that are not intentionally made available through the services.
J. Not to use the services to publish, transmit, or exploit information, software, or other materials for commercial purposes, or to publish, transmit, or exploit information, software, or other materials that contain advertising, except that the use of the services for fundraising as expressly permitted by these terms is allowed.
K. Not to submit more requests within a certain period than a human can reasonably produce in the same period using a conventional online web browser.
L. Not to engage in activities or behavior that are not in line with the business activities or purpose of the services. Or
M. Not to attempt to perform any of the aforementioned activities indirectly.
Furthermore, regarding the donations you make or receive through the services, you agree to the following and represent, warrant, and commit to:
A. Not to make or accept donations that you know or suspect are defective, suspicious, or fraudulent.
B. Not to use the services in a country, organization, company, or as a person or on behalf of one that is under embargo by a government or blocked by a government, including those on the sanctions lists of the United States Office of Foreign Asset Control (OFAC) or applicable in your country.
C. To maintain reasonable and customary security measures to protect information transmitted and received through the services, including but not limited to complying with security procedures and controls that may be prescribed by Balu from time to time.
D. To keep a copy of all electronic and other records related to fundraising campaigns and donations necessary for Balu to verify your compliance with these terms of use and to provide such records to Balu upon request. For clarity, the foregoing provisions do not affect or limit your obligations to keep records in accordance with applicable law, regulations, rules, or governmental authorities; and
E. To cooperate as much as possible and as permitted by applicable law in any audit, investigation (including but not limited to investigations by Balu, a payment service provider, or a regulatory or governmental authority), and remedial measures to correct alleged or uncovered violations or misconduct of a user with whom you are associated or a fundraising campaign or donation with which you are associated, upon request by Balu.
Balu reserves the right to refuse, condition, or suspend donations or other transactions that we believe, in our sole discretion, may violate the terms of use and harm the interests of our users, business partners, the public, or Balu, or that expose you, Balu, or others to risks we deem unacceptable. We may share information about your use of the services in accordance with our privacy notice with the relevant financial institution, regulatory authority, or law enforcement agency. Such information may include information about you, your account, your donors, your donations, and transactions made through your use of the services or in connection with them.
CONDUCT OF DONORS
Donations: To contribute to a fundraising campaign or for a charitable organization, a donor must provide information about their credit card or other payment instrument ("Payment Instrument") linked to the donor's Balu account (a "Billing Account"). As a donor, you represent and warrant to Balu that this information is true, current, and accurate and that you are authorized to use the respective Payment Instrument. You agree that a specific minimum donation amount may apply and that all donations are final and non-refundable. Balu works with third-party payment processors to charge you for all donations through your Payment Instrument and Billing Account, and donors acknowledge that by contributing to a fundraising campaign, they agree to the processing, use, transfer, or disclosure of data by the payment processors according to these Terms of Use and all applicable provisions of our payment processors. A list of our current payment processors and links to their terms of service can be found in the PAYMENT PROCESSORS section below.
ORGANIZERS, DONATION RECIPIENTS, OR CHARITABLE ORGANIZATIONS
Account Suspensions: From time to time, Balu may suspend a fundraising account ("Suspension"), restrict withdrawals (here defined as the transfer of donation funds to the beneficiary), initiate a reverse ACH transfer, secure reserves, or take similar measures in response to concerns about fraudulent or illegal activities or a significant breach of these Terms of Use to protect its interests and those of its users. Some of the reasons we may take such actions include, but are not limited to, our belief or determination, in our sole and complete discretion, that: (i) the information provided by an organizer is false, misleading, or fraudulent, or funds are being used in a prohibited manner, (ii) the available funds should go directly to another person other than the organizer, such as a legally entitled beneficiary or a person legally entitled to act on behalf of an organizer, (iii) a fundraiser or organizer has violated these Terms of Use, (iv) the organizer is colluding with donors to conduct fraudulent activities, (v) there are suspicious or fraudulent donation activities, or (vi) such actions are necessary to comply with a court order, subpoena, decree, injunction, or other applicable laws and regulations.
Withdrawal of Donations from a Fundraiser: While Balu strives to make withdrawals available to you promptly, our ability to do so depends on users providing accurate information and legal and technical systems functioning as intended, and you acknowledge and agree that: (i) withdrawals may not be available for immediate use; (ii) Balu does not guarantee that withdrawals will always be available within a specific timeframe but will make commercially reasonable efforts to make withdrawals available as soon as possible; and (iii) Balu, to the extent permitted by applicable law, expressly disclaims any responsibility for any delays in withdrawals or your inability to access and use withdrawals at any particular time and for any consequences arising from such delay or inability. Balu will make commercially reasonable efforts to provide an approximate timeframe for the withdrawal of donations when immediate withdrawal is not possible. As an organizer, you are responsible for ensuring that the information you provide to Balu for processing a withdrawal, including bank account information, is accurate and up to date. Balu may at any time, for any reason, without prior notice and at its discretion, with or without consulting you, offer or initiate a refund of the donation(s), which may include the entire amount donated to your fundraiser. To the extent permitted by law, Balu is not liable to you or any third party for any claims, damages, costs, losses, or other consequences resulting from the provision of refunds by Balu, including, but not limited to, transaction or overdraft fees.
PAYMENT PROCESSORS
Balu uses payment processors to process donations for your fundraiser and subsequently provide the donations to you. To withdraw funds from a fundraiser, the organizer of a fundraiser or (if it is not the same person) the donation recipient (collectively "Withdrawing Party") must provide the payment processor with bank account information ("Withdrawal Account"). As the Withdrawing Party, you represent and warrant to the payment processor and Balu that such information is accurate and that you are authorized to use the respective Withdrawal Account.
By setting up a fundraising campaign, the receiving entity agrees to the processing, use, transfer, or disclosure of data by the payment processors according to these Terms of Use and all applicable terms of the respective payment processors. Our current payment processors include: Stripe, Inc. (Stripe Terms of Service) and PayPal, Inc. (PayPal Terms of Service).
SPECIAL NOTICE FOR INTERNATIONAL USE; EXPORT CONTROLS
Software (as defined below) that may be available in connection with the services and the transmission of applicable data is subject to export control and economic sanctions laws of the United States or other jurisdictions. Software may not be downloaded or otherwise exported or re-exported in violation of such export control and economic sanctions laws from the services. The download and use of the software are at your sole risk. Given the global nature of the internet, you agree to comply with all local rules and laws applicable to your use of the services, including those regarding online behavior and acceptable content.
APPLE-ENABLED SOFTWARE APPLICATIONS
Balu offers software applications designed to operate in conjunction with products marketed by Apple Inc. ("Apple") among other platforms. With respect to software made available to you in conjunction with an Apple-branded product (such software, "Apple-Enabled Software"), the following terms apply in addition to all other terms of these Terms of Use:
Balu and you acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries under these Terms of Use regarding the Apple-Enabled Software and that upon your acceptance of the terms and conditions of these Terms of Use, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary regarding the Apple-Enabled Software. Accordingly, the parties acknowledge and agree that Balu is entering into this provision ("Apple-Enabled Software Applications") in its own right and as an agent for and on behalf of Apple and its subsidiaries regarding the performance and enforcement of all of Apple's and its subsidiaries' rights, benefits, and remedies (but no obligations or burdens) under this clause ("Apple-Enabled Software Applications"), with the rights, benefits, and remedies being enforceable by Balu both in its own right and as an agent for and on behalf of each of Apple and its subsidiaries. Balu may amend, terminate, or rescind these Terms of Use without the consent of Apple and its subsidiaries.
INTELLECTUAL PROPERTY RIGHTS AND USE OF ARTIFICIAL INTELLIGENCE
Service Content, Software, and Trademarks: You acknowledge and agree that the services may contain content or features ("Service Content") protected by copyright, patents, trademarks, trade secrets, or other proprietary rights and laws. Unless expressly permitted by Balu, you agree not to modify, copy, frame, scrape, rent, lease, sell, distribute, or create derivative works based on the services or the Service Content, in whole or in part. The foregoing does not apply to your user content that you legally upload to the services. In connection with your use of the services, you agree not to engage in data mining, spiders, robots, scraping, or similar data gathering or extraction methods. If Balu blocks your access to the services (including by blocking your IP address), you agree not to take any action to circumvent such blocks (e.g., by masking your IP address or using a proxy IP address). Any use of the services or Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying or distributed in connection with the services (the "Software") are the property of Balu, our affiliates, and partners. You agree not to copy, modify, create derivative works based on, reverse engineer, decompile, or otherwise attempt to discover the source code of the Software or sell, assign, sublicense, or otherwise transfer any rights in the Software. Any rights not expressly granted herein are reserved by Balu.
The name Balu and the Balu logos are trademarks and service marks of Balu (collectively the "Balu Trademarks"). Other company, product, and service names and logos used and displayed via the services may be trademarks or service marks of their respective owners who may endorse or be affiliated or connected with Balu. Nothing in these Terms of Use or the services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Balu Trademarks displayed on the services without our prior written permission in each instance. All goodwill generated from the use of Balu Trademarks will inure solely to our benefit.
Third-Party Material: Under no circumstances will Balu be liable in any way for any content or materials of any third parties (including users), including but not limited to any errors or omissions in any user content, or for any loss or damage of any kind incurred as a result of the use of any user content. You acknowledge that Balu does not pre-screen user content, but that Balu and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any user content available via the services at any time and for any reason, with or without notice and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.
User Content Transmitted Through the Services: Regarding the user content, you represent and warrant that you own all rights, title, and interest in such user content or otherwise have all necessary rights and consents to fully exploit such user content (and allow others to do so), including, but not limited to, all copyright, trademark, and related publicity or privacy rights. By uploading, sharing, providing, or otherwise making available any user content in connection with the services, you hereby and will grant Balu to the maximum extent permitted by applicable law a non-exclusive, worldwide, royalty-free, fully paid, transferable, sublicensable, perpetual, irrevocable license to reproduce, display, upload, perform, distribute, store, modify, and otherwise use your user content in connection with the operation of the services, and with your prior express consent, the marketing, promotion, or distribution thereof in any form, media, or technology now known or later developed. Without limiting the foregoing, if any user content contains your name, image, or likeness, you hereby release and waive, to the maximum extent permitted by applicable law and where the use is solely within the scope and purpose of providing the services, all claims against Balu and its contractors and employees for any claims relating to: (i) violations of privacy, publicity, or defamation; (ii) any liability or other claims resulting from any blurring, distortion, alteration, optical illusion, or other use or exploitation of your name, image, or likeness; and (iii) any liability for claims made by you (or any successor to any claim you may assert) in connection with your user content, name, image, or likeness. To the maximum extent permitted by applicable law, you waive the right to inspect or approve any interim or finished version(s) of the results of the use of your user content (including your name, image, or likeness). If any other person appears in your user content, you represent and warrant that you have obtained all necessary licenses, waivers, and releases from such person(s) to grant the same licenses, waivers, and releases to Balu as set forth above. You further acknowledge that your participation in the services and submission of user content is voluntary and that you will not receive financial compensation of any kind for the licenses, waivers, and releases set forth herein (or the exploitation thereof by Balu), and that the sole consideration for the subject matter of this agreement is the opportunity to use the services. To the extent permitted by applicable law, you irrevocably waive and cause to be waived any claims and assertions of moral rights contained in such user content against Balu and its users.
To the extent permitted by applicable law, we make no guarantees that Service Content will be made available through the services. We reserve the right, but are not obligated unless required by law, to: (a) remove, edit, or modify any Service Content or user content in our sole discretion, at any time, without notice to you, and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Service Content or user content, or if we are concerned that you may have violated these Terms of Use); and (b) to remove or block any Service Content or user content from the services.
Copyright or Trademark Complaints: Balu 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 Balu of your infringement claim according to the procedure set forth below.
Balu will process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act ("DMCA") or local equivalent applicable laws, trademark law, and other applicable intellectual property laws. Please send a notice of alleged copyright infringement to Balu's copyright agent at legal@getbalu.com (Subject: "DMCA Takedown Request"). You can also contact us by mail at:
Balu GmbH Lottumstrasse 13a 10119 Berlin, Germany
To be effective, the notice must be in writing and contain the following information:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work, trademark, 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 above 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-Notice: If you believe that your user content that was removed (or to which access was disabled) is not infringing, or that you are authorized by the copyright owner, the copyright owner's agent, or pursuant to the law to upload and use the content in your user content, you may send a written counter-notice containing the following information to the above-mentioned copyright agent:
your physical or electronic signature; identification of the content that was removed or to which access was 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 misidentification of the content; and your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided the original notification of the alleged infringement.
If a counter-notice is received by the copyright agent, Balu may send a copy of the counter-notice to the original complaining party, informing that person that it may reinstate the removed content or cease disabling it within 10 business days. Unless the copyright owner files a court order against the content provider, member, or user, the removed content may, in our sole discretion, be reinstated or access to it restored 10 to 14 business days after receipt of the counter-notice.
Policy Regarding Repeat Infringers: In accordance with the DMCA, trademark law, and other applicable law, Balu has adopted a policy of terminating, in appropriate circumstances and at Balu's sole discretion, users who are deemed to be repeat infringers. Balu may also at its sole discretion limit access to the services and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Artificial Intelligence: We continually develop new technologies and features to improve our services. For example, we may enable you to use artificial intelligence developed by us and/or our providers to facilitate your writing and use of our services, such as helping you compose posts to share your campaigns. Use of these features is optional and offered solely as a convenience to you. These features are provided on an AS-IS basis and without any warranty of any kind. All results generated by using such services enabled by artificial intelligence and machine learning are probabilistic and should be evaluated for their accuracy according to your use case, including by employing human (over-)reviewers of such results. It is also possible that results generated by the use of large language models may not always be unique across users, and the services may generate the same or similar results for multiple users. Additionally, you may not use the services in a manner that violates applicable laws or the service terms of OpenAI (available at https://openai.com/policies/service-terms) and the sharing and publication policies (available at https://openai.com/policies/sharing-publication-policy) and the use case policies (available at https://openai.com/policies/usage-policies) (the "OpenAI Policies").
THIRD-PARTY WEBSITES/SERVICES
The services or third parties may provide or enable links, tools, widgets, or other features that allow you to access other sites, services, and resources provided by third parties (collectively, "Third-Party Resources"). Balu has no control over such Third-Party Resources or any products, services, or content available through such Third-Party Resources, or the business practices of those providing such Third-Party Resources, and Balu is not responsible for and does not endorse such Third-Party Resources or the products, services, or content made available thereby. You acknowledge that Balu is not responsible or liable for any content, functions, accuracy, legality, appropriateness, or any other aspect of such Third-Party Resources. You further acknowledge and agree that Balu shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with your use of or reliance on any content, events, goods, or services available on or through any such Third-Party Resources. Any dealings you have with third parties found while using the services are between you and the applicable third party and may be subject to additional terms provided by the third party, which you agree to by using such Third-Party Resources. You further agree that Balu shall not be responsible or liable for any loss or claim you may have against any such third party. Additionally, Third-Party Resources may include products or services provided by third parties that you may display or otherwise make available through your fundraiser. You acknowledge and agree that you may be subject to third-party terms if you include such products or services in your fundraiser. Balu maintains relationships with certain providers of such products and services, and we may be paid by those providers in connection with those products and services in the form of commissions.
INDEMNITY AND RELEASE
You agree to release, indemnify, and hold Balu and its affiliates and their officers, employees, directors, and agents harmless from any and all losses, damages, expenses (including reasonable attorneys' fees), costs, penalties, fines, rights, claims, actions of any kind, and injuries (including death) arising out of or in connection with your use of the services, donations or campaigns, user content, your connection to the services, your violation of these Terms of Use, or your violation of any rights of another. You agree that Balu has the right to defend any claims in its sole discretion, and you will indemnify Balu for the cost of its defense (including, without limitation, attorneys' fees).
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BALU AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
NOTWITHSTANDING THE STATUTORY WARRANTIES UNDER APPLICABLE LAW, BALU MAKES NO WARRANTY OR REPRESENTATION THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
YOU UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER BALU NOR ITS AFFILIATES SHALL BE LIABLE FOR (I) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR ENHANCED DAMAGES; (II) LOSS OF PROFITS; (III) LOSS OF GOODWILL; (IV) LOSS OF USE; (V) LOSS OR DAMAGE TO DATA; OR (VI) OTHER INTANGIBLE LOSSES (EVEN IF BALU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, RESULTING FROM: (A) THE USE OR THE INABILITY TO USE THE SERVICES; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (C) PROMOTIONS AND RELATED PRIZES OR REWARDS MADE AVAILABLE THROUGH THE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (F) ANY OTHER MATTERS RELATING TO THE SERVICES. THE MAXIMUM TOTAL LIABILITY OF BALU TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY, OR OTHERWISE) OR CAUSES OF ACTION SHALL BE THE GREATER OF THE AMOUNT YOU HAVE PAID BALU IN THE LAST SIX (6) MONTHS OR ONE HUNDRED US DOLLARS (100 $), TO THE EXTENT PERMITTED BY APPLICABLE LAW.
IN SOME JURISDICTIONS, THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES IS NOT ALLOWED. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE THE USE OF THE SERVICES.
DISPUTES - USERS IN THE UNITED KINGDOM, THE EUROPEAN ECONOMIC AREA, AND SWITZERLAND
These Terms of Use and any disputes arising out of or in connection with your use of the services are governed by the laws of Germany, subject to any more favorable provisions of public order under your local law, and the courts of Germany shall have exclusive jurisdiction, except to the extent that public order under your local law allows for the jurisdiction of your local courts.
Users in the European Union, Norway, Iceland, or Liechtenstein
You have the right to submit any unresolved disputes between you and Balu to the dispute resolution platform (ODR) managed by the European Union:
https://ec.europa.eu/consumers/odr/main/?event=main.home.howitworks, which then applies, except that either party may seek an injunction for a breach of intellectual property or other proprietary rights in court and that claims under the EU or UK General Data Protection Regulation may be resolved locally in court or by referral to a competent data protection authority.
TERMINATION
You agree that Balu may, in response to concerns about fraudulent or illegal activities or a significant breach of these Terms of Use, suspend or terminate your account (or any part thereof) or your access to the services at any time and to the extent permitted by law, remove and discard any user content or data without liability to you or any third party for any claims, damages, costs, or losses resulting therefrom.
USER DISPUTES
You agree that you are solely responsible for your interactions with other users in connection with the services and that Balu will have no liability or responsibility concerning such interactions. Balu reserves the right but has no obligation to become involved in any way with disputes between you and other users of the services.
GENERAL
These Terms of Use constitute the entire agreement between you and Balu and govern your use of the services, superseding any prior agreements between you and Balu regarding the services. You may also be subject to additional terms of use that may apply when you use affiliated or third-party services, third-party content, or third-party software.
For users in the United Kingdom, the European Economic Area, and Switzerland, these Terms of Use and any disputes arising out of or in connection with your use of the services are subject to the provisions set forth above under "Disputes - Users in the United Kingdom, the European Economic Area, and Switzerland."
If Balu fails to exercise or enforce any right or provision of these Terms of Use, this shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid (or otherwise invalid), the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. You agree that, except where contractual limitations on the statute of limitations for bringing a claim are expressly prohibited by applicable law, any claim or cause of action arising out of or related to the use of the services or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and any electronic notice will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms of Use without the prior written consent of Balu, but Balu may assign or transfer these Terms of Use, in whole or in part, without restriction. If we do not enforce our rights, it does not mean we have waived them. The section headings in these Terms of Use are for convenience only and have no legal or contractual effect. To the extent permitted by applicable law, notices to you may be made via email or regular mail. You may also be notified of changes to these Terms of Use or other matters through displays of notices or links to notices generally on the platforms. Balu may assign our rights under these Terms in connection with a merger, acquisition, restructuring, or sale of capital or assets or by operation of law or otherwise or transfer our obligations hereunder. These Terms of Use do not prevent Balu from complying with the law. Except as otherwise provided by applicable law, Balu will not be liable for delays or failures in performance resulting from causes beyond its control, including, but not limited to, acts of God, war, or threats of war, terrorism or threats of terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, government regulations or advisories, recognized health threats, as determined by the World Health Organization, the Centers for Disease Control, or local government authorities or health agencies, strikes, or shortages or curtailments of transportation facilities, fuel, energy, labor, or materials.
PRIVACY NOTICE
At Balu, we respect the privacy of our users. For details, please see our Privacy Notice. By using the services, you acknowledge the collection, use, and disclosure of personal data as described therein.
QUESTIONS, CONCERNS, OR SUGGESTIONS
Please visit our Homepage to learn more about the Balu platform or contact us to report violations or ask questions.