Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Ballo Innovations Ltd ("Ballo," "we," "us," or "our"), operators of the BalloAds platform, with offices in Lusaka, Zambia.

By accessing or using BalloAds, its website, mobile applications, APIs, and related services (collectively, the "Services"), you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use our Services.

If you are using the Services on behalf of an organisation, you represent and warrant that you have the authority to bind that organisation to these Terms, and "you" shall refer to that organisation.

2. Definitions

3. Eligibility and Account Registration

3.1 Eligibility

To use BalloAds, you must:

• Be at least 18 years of age or the legal age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Services under applicable law
• Represent a legitimate business entity or operate as a sole proprietor

3.2 Account Registration

You must create an Account to access most features of the Platform. When registering, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your login credentials confidential and secure
• Notify us immediately of any unauthorised access to your Account
• Accept responsibility for all activities occurring under your Account

BalloAds reserves the right to refuse registration, suspend, or terminate any Account at our sole discretion, including for suspected fraud, misrepresentation, or violation of these Terms.

4. Description of Services

BalloAds provides a multi-channel digital marketing and customer engagement platform enabling Advertisers to plan, execute, and measure marketing campaigns across:

BalloAds reserves the right to modify, suspend, or discontinue any feature or aspect of the Services at any time with reasonable notice. We will not be liable to you or any third party for any modification, suspension, or discontinuation of Services.

5. Acceptable Use Policy

5.1 Permitted Use

You may use BalloAds solely for lawful business purposes in accordance with these Terms and all applicable laws and regulations.

5.2 Prohibited Activities

You must not use the Services to:

• Send unsolicited, spam, or deceptive communications to individuals who have not consented to receive them
• Distribute malware, viruses, or any malicious code
• Engage in phishing, fraud, or any deceptive or misleading practices
• Violate any applicable law, regulation, or third-party rights, including intellectual property rights
• Collect or process personal data without lawful basis or proper consent
• Interfere with or disrupt the integrity or performance of the Platform
• Attempt to gain unauthorised access to any part of the Platform or related systems
• Reverse engineer, decompile, or disassemble any part of the Platform
• Use the Platform to promote illegal products or services
• Discriminate against individuals based on race, gender, religion, nationality, disability, or other protected characteristics
• Circumvent any security measures, access controls, or usage limits
• Resell, sublicense, or otherwise commercialise the Services without prior written consent

BalloAds reserves the right to investigate and take appropriate action, including suspension or termination of your Account, for any suspected violation of this Acceptable Use Policy.

6. Advertiser Obligations

6.1 Content Standards

All Content submitted to the Platform must:

• Be accurate, truthful, and not misleading
• Comply with all applicable advertising standards, laws, and regulations
• Respect third-party intellectual property rights
• Not contain offensive, harmful, defamatory, or discriminatory material
• Include required disclosures and disclaimers as mandated by law

6.2 Consent and Data Compliance

Advertisers are responsible for:

• Obtaining valid consent from all recipients before sending marketing communications
• Maintaining records of consent and making them available upon request
• Complying with all applicable data protection laws including Zambia's Data Protection Act No. 3 of 2021, GDPR (where applicable), and CCPA (where applicable)
• Providing clear and accessible opt-out mechanisms in all communications
• Handling all personal data in accordance with BalloAds' Privacy Policy and applicable law

6.3 Content Review

BalloAds reserves the right, but not the obligation, to review, reject, or remove any Content that violates these Terms or applicable platform policies. Removal of Content does not entitle you to a refund.

7. Payment Terms and Billing

7.1 Fees and Pricing

Access to certain features of the Platform requires payment of fees as specified in the applicable Subscription plan or as agreed in a separate order form. All fees are quoted in the currency specified at the time of purchase and are exclusive of applicable taxes unless otherwise stated.

7.2 Billing Cycle

• Subscription fees are billed in advance on a monthly or annual basis as selected
• Usage-based fees (where applicable) are billed in arrears at the end of each billing period
• All fees are non-refundable unless otherwise expressly stated or required by law

7.3 Payment Methods

Payments are processed through PCI-DSS compliant third-party payment gateways. BalloAds does not store full payment card details on its servers. You authorise us to charge your selected payment method for all applicable fees.

7.4 Late Payment and Suspension

Failure to pay fees when due may result in suspension or termination of your access to the Services. BalloAds reserves the right to charge interest on overdue amounts at the rate of 2% per month or the maximum rate permitted by applicable law, whichever is lower.

7.5 Price Changes

BalloAds may change its fees at any time with at least 30 days' notice. Continued use of the Services after the price change takes effect constitutes acceptance of the new fees.

7.6 Taxes

You are responsible for all taxes, duties, and levies imposed on your use of the Services by any governmental authority, excluding taxes on BalloAds' net income.

8. Intellectual Property

8.1 BalloAds IP

All rights, title, and interest in and to the Platform, including all software, designs, trademarks, trade names, logos, documentation, and other materials ("BalloAds IP") are and shall remain the exclusive property of Ballo Innovations Ltd. These Terms do not grant you any rights to BalloAds IP except the limited licence to use the Services as described herein.

8.2 Your Content

You retain ownership of all Content you submit to the Platform. By submitting Content, you grant BalloAds a worldwide, non-exclusive, royalty-free licence to use, host, display, and process your Content solely to provide and improve the Services.

8.3 Feedback

If you submit feedback, suggestions, or ideas regarding the Services, you grant BalloAds a perpetual, irrevocable, royalty-free licence to use such feedback for any purpose without compensation to you.

8.4 Third-Party IP

You are solely responsible for ensuring that your Content does not infringe any third-party intellectual property rights. BalloAds will respond to valid notices of IP infringement in accordance with applicable law.

9. Data Privacy and Security

Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the data practices described in the Privacy Policy.

Where BalloAds processes personal data on your behalf as a data processor, we will do so in accordance with your documented instructions and applicable data protection law. Upon request, we will enter into a Data Processing Agreement (DPA) as required by GDPR or other applicable regulations.

You are responsible for the lawful collection and processing of any personal data you upload to or process through the Platform, including obtaining all necessary consents and providing required notices to data subjects.

10. Third-Party Integrations

BalloAds integrates with third-party platforms including Google Ads, Meta Business Suite, LinkedIn Campaign Manager, WhatsApp Business API, and others. Your use of these integrations is subject to the respective third-party terms of service and privacy policies.

BalloAds is not responsible for the availability, accuracy, or practices of third-party services. We do not endorse and are not liable for any third-party content, products, or services. Disruptions or changes to third-party services may affect the functionality of certain Platform features without liability to BalloAds.

11. Disclaimers and Warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BALLO INNOVATIONS LTD DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

BalloAds does not warrant that:

• The Services will be uninterrupted, timely, secure, or error-free
• The results obtained from use of the Services will be accurate or reliable
• Any errors in the Services will be corrected
• The Platform is free from viruses or other harmful components

Some jurisdictions do not allow the exclusion of certain warranties. In such cases, the above exclusions apply to the fullest extent permitted by applicable law.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BALLO INNOVATIONS LTD, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICES.

IN NO EVENT SHALL BALLO'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO BALLO IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS (USD $100).

These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise) and even if BalloAds has been advised of the possibility of such damages.

13. Indemnification

You agree to indemnify, defend, and hold harmless Ballo Innovations Ltd and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

• Your use of the Services or violation of these Terms
• Your Content or the use thereof by BalloAds as permitted under these Terms
• Your violation of any applicable law or regulation
• Your violation of any third-party rights, including intellectual property or privacy rights
• Any fraud, wilful misconduct, or gross negligence by you

14. Termination and Suspension

14.1 Termination by You

You may terminate your Account at any time by contacting us at hello@balloads.com or through your account settings. Termination does not entitle you to a refund of any prepaid fees unless required by applicable law.

14.2 Termination or Suspension by BalloAds

BalloAds may suspend or terminate your Account immediately, without prior notice or liability, if:

• You breach any provision of these Terms
• Your use of the Services poses a risk to BalloAds, other users, or third parties
• You fail to pay fees when due
• Required by law or regulatory authority
• Your Account remains inactive for an extended period

14.3 Effect of Termination

Upon termination, your right to access and use the Services ceases immediately. BalloAds may delete your Account data in accordance with our data retention policy. Provisions of these Terms that by their nature should survive termination shall survive, including intellectual property, limitation of liability, indemnification, and dispute resolution.

15. Dispute Resolution

15.1 Informal Resolution

Before initiating formal proceedings, you agree to contact us at legal@balloinnovations.com and attempt to resolve the dispute informally. We will use reasonable efforts to resolve the issue within 30 days.

15.2 Arbitration

If informal resolution fails, any dispute arising from or relating to these Terms or the Services shall be resolved by binding arbitration in accordance with the rules of the Zambia Association of Arbitrators (ZAA) or such other arbitration body as the parties may mutually agree. The arbitration shall be conducted in Lusaka, Zambia, in the English language.

15.3 Class Action Waiver

You agree that any arbitration or legal proceedings shall be conducted on an individual basis and not as part of a class, consolidated, or representative action.

16. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of Zambia, without regard to its conflict of law principles. Subject to the arbitration clause above, you consent to the exclusive jurisdiction of the courts located in Lusaka, Zambia for any disputes not subject to arbitration.

For users located in the European Union, nothing in these Terms affects your rights under mandatory local consumer protection law or other mandatory local laws.

17. Changes to Terms

BalloAds reserves the right to modify these Terms at any time. We will provide at least 30 days' notice of material changes via email to your registered address or through a prominent notice on the Platform. The "Last Updated" date at the top of this page will be revised accordingly.

Your continued use of the Services after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Services before the effective date of the changes.

18. Contact Information

If you have any questions about these Terms, please contact us: