Terms of Use
Last Updated: 20 September, 2025
Balu AI – Terms of Use
1. Scope and Parties
1.1 These Terms of Use (“Terms”) govern all use of the Balu AI platform and services (“Service”) by customers who are businesses. They apply only if the Customer is a trader (Unternehmer) as defined in Section 14 of the German Civil Code (BGB), or a legal entity under public law or a special fund under public law. These Terms do not apply to consumers (Section 13 BGB). In particular, any statutory rights or protections granted to consumers (such as the right of withdrawal (Widerrufsrecht)) do not apply to the Service.
1.2 Balu AI is run by Balu Technologies GmbH (“Balu AI”, “Provider”, “we” or “us”), a company incorporated under German law with its registered office at Wormser Straße 47, 50677 Cologne, Germany, registered with the Commercial Register of the District Court of Cologne under HRB [●]. The Provider and the Customer (“you”) agree that only these Terms shall govern the contract. We object to any of your general terms and conditions.
1.3 Any deviating or supplemental terms of the Customer will not become part of the contract unless we have expressly offered and/or agreed to them in text form (Section 126b BGB).
2. Services Provided by Balu AI
2.1 Core Service: We provide a software platform that offers AI search analytics for marketing teams. Balu AI is designed to help companies assess and analyze their visibility in Large Language Models (LLMs). The exact features of our service are described on our website at www.balu.ai.
2.2 Service Modifications: Balu AI may make reasonable changes to the Service (e.g. to improve performance, security, or to comply with laws) provided such changes do not eliminate core features of the Service. We will inform you of any material changes in a timely manner.
2.3 Third-Party Components: If our Service relies on third-party providers or data sources, availability of those external services is outside of Balu AI’s control; if a third-party ceases to provide a necessary component, we will inform you and strive to find a suitable alternative or solution.
2.4 Interruptions: Balu AI uses APIs and integrations with LLMs to generate data that the Customer can analyze. We do not control access to LLMs and do not warrant that the Service will be completely error-free or uninterrupted, but we will use commercially reasonable efforts to promptly address any material service issues.
2.5 No Guaranteed Results: Unless explicitly agreed, Balu AI does not guarantee specific outcomes or results from using the Service.
3. Customer Obligations
3.1 The Customer agrees to use Balu AI’s Service only for legitimate business purposes and in compliance with all applicable laws. You must keep confidential any login credentials and prevent unauthorized access to the Service. You are responsible for ensuring that any data or content you input into the Service does not infringe any third-party rights or violate any laws (e.g. no uploading of illicit or personal data without consent).
3.2 Prohibited Uses: You shall not reverse engineer, decompile, or otherwise misuse the Service. In the event of a breach of these obligations, Balu AI is entitled to temporarily suspend or restrict your access to the Service, after reasonable notice if feasible, and/or terminate the contract for cause pursuant to Section 7.3 below.
4. Intellectual Property and Data
4.1 Service IP: All intellectual property rights in the Balu AI Service (including the software, algorithms, models, and documentation) are and remain the exclusive property of Balu AI. Balu AI merely grants the Customer a limited, non-exclusive, non-transferable right to use the Service during the term of the contract for the Customer’s internal business operations, in accordance with these Terms.
4.2 Customer Data: The Customer retains all rights to the data, content, and materials that you upload or provide to Balu AI (“Customer Data”). By providing Customer Data, you grant Balu AI a license to process and use that data only to the extent necessary to perform the Service and fulfill our contractual obligations. Balu AI will handle Customer Data in compliance with applicable data protection laws and our Privacy Policy. Upon termination of the contract, and upon your request, we will delete or return your Customer Data that remains stored with us, except to the extent we are legally required to retain it.
5. Fees, Payment Terms, and Set-off
5.1 Fees: The Customer shall pay the fees for the Service as agreed in the order or contract form (e.g. per the pricing models laid out on our website). All prices are understood to be net of applicable VAT (sales tax) which will be added as required by law.
5.2 Invoicing, Payment, and Suspension of Service: Balu AI will invoice fees per the agreed billing cycle (e.g. monthly or annually in advance). Invoices will be issued via Stripe or another designated payment service provider, or directly by us. Payments are due within 14 days of the invoice date, unless a different period is specified in text form. Payment shall be made via the agreed payment method (e.g. bank transfer or credit card). If the Customer fails to pay on time, Balu AI may charge statutory default interest as provided by law and reserves the right, after giving a reminder and reasonable grace period, to suspend Service access until overdue amounts are paid.
5.3 No Set-off Except for Uncontested Claims: The Customer may only set off counterclaims against Balu AI’s payment claims if those counterclaims are undisputed by Balu AI or finally adjudicated by court.
6. Limitation of Liability
6.1 Unlimited Liability in Certain Cases: Balu AI shall be liable without limit in cases of intentional misconduct or gross negligence by Balu AI, its legal representatives, or vicarious agents. Balu AI also bears full liability for any damages resulting from injury to life, body, or health caused by any negligence on our part.
6.2 Liability for Slight Negligence (Essential Duties): In cases of ordinary (slight) negligence, Balu AI will only be liable for the breach of essential contractual obligations. Essential obligations (Kardinalpflichten) are those duties which are fundamental to the contract and on whose fulfillment the Customer can rely.
6.3 Exclusion of Other Slight Negligence: Balu AI shall not be liable for breaches of duty caused by slight negligence if those duties are not essential contractual obligations.
6.4 Further Liability Limitations: To the extent Balu AI’s liability is limited or excluded under the provisions above, the same limitations or exclusions apply to the personal liability of Balu AI’s officers, employees, agents, and subcontractors.
6.5 Indemnification by Customer: The Customer shall indemnify and hold Balu AI harmless from any third-party claims arising out of the Customer’s unlawful use of the Service or breach of these Terms.
7. Term and Termination
7.1 Contract Term: The contract for use of the Balu AI Service begins when the Customer accepts these Terms and registers an account or otherwise enters into an agreement for the Service.
7.2 Ordinary Termination:
Monthly subscription: terminable at any time, effective at the end of the current payment cycle.
12-month subscription: terminable with thirty (30) days’ notice, effective at the end of the 12-month cycle.
Indefinite-term contract: terminable with thirty (30) days’ notice to the end of a calendar month.
7.3 Termination for Cause: Either party may terminate the contract with immediate effect for cause if the legal requirements for such termination are met.
7.4 Effects of Termination: Upon termination, Balu AI will deactivate the Customer’s account. The Customer should export or save any data prior to termination. Balu AI may delete Customer Data after a short retention period, except where legally required to retain it.
8. Governing Law and Jurisdiction
8.1 This Agreement shall be governed by the laws of the Federal Republic of Germany, excluding its conflict-of-laws rules and the CISG.
8.2 The exclusive place of jurisdiction for all disputes arising from or in connection with these Terms shall be Cologne, Germany, provided the Customer is a merchant (Kaufmann) or a legal entity under public law.
9. Reference Use
Balu AI may publicly refer to the Customer as a client for marketing and promotional purposes. This includes the use of the Customer’s name, logo, and branding in reference lists, presentations, and other marketing materials, unless the Customer objects in writing for legitimate reasons.
10. Final Provisions
10.1 Changes to Terms: Balu AI reserves the right to modify or update these Terms for future transactions. For existing contracts, Balu AI will notify the Customer in text form (e.g. email) of proposed changes at least 6 weeks in advance. The changes shall be deemed approved if the Customer does not object in text form within the notice period.
10.2 No Oral Agreements: These Terms, together with any individual order or contract document referencing them, constitute the entire agreement between Balu AI and the Customer regarding the Service.
10.3 Severability: Should any provision of these Terms be invalid, the remainder of the provisions shall remain effective.
10.4 Contract Languages: This English version of the Terms of Use is binding. If a German translation is provided, the English text prevails in case of inconsistencies.
10.5 Contact and Imprint:
Balu Technologies GmbH
Wormser Straße 47
50677 Cologne, Germany
Email: support@balu.ai
Website: www.balu.ai
Managing Director: Gil Osammor
Commercial Register: HRB [●], District Court of Cologne
VAT ID: DE [●]