Terms of Service
1. Provider and acceptance
Provider: Balancier (the "Provider")
Email for legally significant notices: support@balancier.pro
Support email: support@balancier.pro
By creating an account or otherwise using the Service you agree to these Terms. If you act on behalf of an organisation, you confirm that you are authorised to bind that organisation, and "you" means both you and that organisation. If you do not accept these Terms, do not use the Service.
2. Business use and eligibility
- the Service is made available for business and professional use only; you confirm that you use it for purposes relating to your trade, business, craft or profession, and not as a consumer;
- you must be at least 18 years old;
- the Service is offered to business users and is not directed at individuals in the European Economic Area or the United Kingdom.
3. Pilot status of the Service
The Service is currently in a pilot, pre-release phase and is provided free of charge. No fees are payable for pilot access, and no service levels, availability targets, backup guarantees or support response times are promised.
Features may be added, changed, limited or withdrawn, and the Service may be suspended, reset or discontinued. Before permanently discontinuing the Service or deleting your data for that reason, the Provider will use reasonable efforts to give you at least 14 days' notice by email to your account address.
Paid plans, guaranteed service levels, security commitments, data processing terms for a specific organisation and any other binding commitments require a separate written agreement.
4. Accounts and security
- you provide accurate account details and keep your password confidential;
- you notify the Provider without undue delay of any unauthorised access to your account or workspace;
- you are responsible for the acts and omissions of anyone you give access to your account or workspace;
- the Provider may restrict access where these Terms are breached, where security is at risk, or where the law requires it.
5. Acceptable use
You may use the Service for lawful purposes only. You must not circumvent access controls or usage limits, interfere with the operation or security of the Service, distribute malicious code, access data belonging to others without authorisation, or upload material that infringes third-party rights or breaches applicable law.
Except to the extent applicable law expressly permits, you must not copy, modify, distribute, sublicense, create derivative works from, decompile or reverse engineer the Service, make it available to third parties as a service of your own, or use it to develop a competing product.
6. Your data
You retain all rights in the files and data you upload to or create in the Service. For the period of your use of the Service you grant the Provider a limited, non-exclusive licence to host, copy, transform, process and back up that material solely to operate and secure the Service, to provide support, and to comply with the law.
Detailed terms are set out in the Project Data Handling Rules. Personal data is handled as described in the Privacy Notice.
7. Confidentiality
Each party will keep the other party's non-public information confidential and use it only for the purposes of these Terms. For the Provider this includes the content of your projects, schedules and uploaded files; for you it includes non-public information about the Service, including pre-release features and technical information disclosed to you.
These obligations do not apply to information that is or becomes public without breach of these Terms, was already lawfully known to the receiving party, is independently developed without use of the disclosing party's information, or must be disclosed by law or a competent authority, provided that, where lawful, the other party is notified first.
8. Feedback
You are not obliged to provide feedback. If you do, you grant the Provider a perpetual, irrevocable, worldwide, royalty-free licence to use it to develop and improve the Service, without any obligation of confidentiality, attribution or compensation to you. This does not give the Provider any rights in your project data.
9. Intellectual property
All rights in the Service, including its software, interfaces, design, documentation and other materials, belong to the Provider or its licensors. Access to the Service does not transfer any intellectual property rights and does not grant a licence to the source code. Third-party components are licensed under their own terms, which prevail for those components.
10. Export control and sanctions
Each party will comply with applicable export control, sanctions and trade laws. You confirm that you are not, and are not acting on behalf of, a person or entity subject to restrictions that would prohibit the provision of the Service to you, and that you will not make the Service available in breach of such laws. Either party may suspend performance to the extent required to comply with them.
11. Suspension, termination and deletion
You may stop using the Service at any time and request deletion of your account and data using the contact details in clause 1. The Provider may suspend or terminate access where these Terms are breached, where security or the integrity of the Service is at risk, where the law requires it, or where the pilot is discontinued.
Before your access ends, you may export your data using the export features of the Service. Following an account deletion request, account and project data is deleted within 30 days, after which residual copies are removed from backups in the ordinary backup rotation. Data the Provider must retain by law, or that is necessary for the security records described in the Privacy Notice, is kept for the periods stated there.
12. Changes to the Service and to these Terms
The Provider may modify these Terms. Where changes are material, notice will be given by email or in the application, where practicable at least 14 days before they take effect. Continued use of the Service after that date means acceptance of the amended Terms; if you do not accept them, stop using the Service and request deletion of your data. The current version is always available at /en/terms.html.
13. Disclaimers and liability
The Service is an assistive tool and its results must be verified by a qualified professional before they are relied on. Warranties, exclusions and limits of liability are set out in the Disclaimer and Limitation of Liability, which forms part of these Terms.
14. Governing law and disputes
These Terms, and any non-contractual obligations arising out of or in connection with them, are governed by the laws of England and Wales. The courts of England and Wales have non-exclusive jurisdiction over any dispute arising out of or in connection with these Terms. Before commencing proceedings, the parties will attempt in good faith to resolve the dispute by negotiation for 30 days from written notice of it.
The Provider is established in the Russian Federation and processes personal data as an operator under Russian law, including Federal Law No. 152-FZ "On Personal Data". The choice of governing law above does not affect mandatory data protection rules applicable to either party, and does not limit any rights you have under the laws of your own country that cannot be excluded by agreement.
15. General
- these Terms, together with the documents referred to in them, form the entire agreement between the parties in relation to the Service and replace any prior understanding on the same subject, except where a separate signed agreement applies;
- a person who is not a party to these Terms has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of their provisions;
- if any provision is held invalid or unenforceable, the remaining provisions continue in force;
- a failure or delay in enforcing a right is not a waiver of it;
- you may not assign or transfer your rights under these Terms without the Provider's written consent; the Provider may assign or novate these Terms to a legal entity established by the Provider to operate the Service, or to a successor in connection with a transfer of the business, provided your rights are not diminished;
- neither party is liable for failure to perform caused by events beyond its reasonable control, including failures of external infrastructure, network and power outages, and acts of public authorities;
- notices are given by email to the addresses in clause 1 and to your account address;
- these Terms govern the English-language version of the Service. The Russian-language documents published at /legal-information.html govern use of the Russian-language version. In the event of inconsistency, the version you accepted when creating your account prevails for your account.