These Terms of Service (“Terms”) are a binding agreement between you and Balm Technologies Inc. (“Balm Technologies,” “we,” “our,” or “us”) governing your use of the Susanna mobile application, website, and related services (collectively, the “Services”). By creating an account, accessing, or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
1. Eligibility and authority
You must be at least 13 years old and meet any higher minimum age required where you live. If you are not old enough to enter a binding agreement, a parent or legal guardian must accept these Terms for you where use by minors is permitted. If you use the Services for an organization, you represent that you have authority to bind that organization, and “you” includes that organization.
2. The Services
Susanna provides AI-assisted note-taking, recording, transcription, summarization, organization, task extraction, voice, and coaching features. Features may differ by device, plan, country, or availability. The Services are tools to assist you; they do not replace your judgment or professional advice.
3. Recording consent and your responsibility
You—not Balm Technologies—are the person initiating and controlling each recording. Before recording, transcribing, uploading, or sharing any conversation, meeting, call, or other communication, you must clearly notify every participant that Susanna will record and/or transcribe the communication and obtain all permissions and consents required by the laws that apply to you, the other participants, and the location of each participant.
Recording laws vary. Some jurisdictions require the prior consent of every participant, and consent requirements may depend on the circumstances and the participants’ reasonable expectations of privacy. You are solely responsible for determining which laws apply and for maintaining evidence of consent when appropriate.
You must immediately stop recording if a participant objects or withdraws consent. You may not use the Services to secretly record, monitor, intercept, surveil, or transcribe a person when doing so is unlawful or without required notice or consent. You may not record privileged, confidential, regulated, or sensitive communications unless you are authorized to do so and have implemented any legally required safeguards.
Balm Technologies does not provide legal advice, determine whether your recording is lawful, notify participants on your behalf, or obtain consent for you. To the fullest extent permitted by law, Balm Technologies is not responsible or liable for your failure to provide notice, obtain consent, comply with recording or wiretapping laws, or lawfully collect, use, retain, disclose, or delete a recording or transcript.
4. Your content and permissions
“User Content” means recordings, audio, transcripts, notes, prompts, documents, images, tasks, calendar information, AI conversations, and other material you submit to or create with the Services. You retain your ownership rights in User Content.
You grant Balm Technologies a limited, worldwide, non-exclusive license to host, copy, transmit, process, modify, display, and create technical derivatives of User Content only as reasonably necessary to operate, secure, improve, and provide the Services, comply with law, and fulfill your requests. This license ends when the content is deleted from our systems, subject to reasonable backup, security, and legal-retention periods.
You represent and warrant that you have all rights, permissions, notices, and consents needed to submit and process User Content; that doing so does not violate law, confidentiality duties, employment obligations, contracts, intellectual-property rights, privacy rights, or publicity rights; and that your instructions to us are lawful.
5. Acceptable use
You may not use the Services to:
Break any law or violate another person’s rights, privacy, confidentiality, or safety.
Upload content you do not have the right to use or disclose.
Generate or distribute malware, unlawful content, or material facilitating serious harm.
Reverse engineer, scrape, probe, disrupt, overload, bypass security, or gain unauthorized access to the Services.
Use automated means to access the Services except through interfaces we authorize.
Misrepresent AI output as verified fact or as human-created when that would be deceptive or unlawful.
Use the Services to make solely automated decisions producing legal or similarly significant effects about another person without appropriate authority, safeguards, and human review.
We may investigate suspected misuse and remove content, restrict features, or suspend access when reasonably necessary to protect users, third parties, or the Services.
6. AI-generated content and coaching
AI output is generated probabilistically and may be inaccurate, incomplete, outdated, biased, offensive, or unsuitable. Similar prompts may produce similar outputs for different users. You must review output before relying on, sharing, or acting on it and remain responsible for your decisions and use.
No professional advice. Susanna does not provide medical, mental-health, legal, financial, employment, safety, or other professional advice and is not an emergency service. Do not use it to diagnose or treat a condition, make high-stakes decisions without qualified review, or seek emergency assistance. Contact appropriate professionals or emergency services when needed.
We do not promise that AI output is unique, accurate, non-infringing, or fit for a particular purpose. Where permitted by law, you may use output generated for you, subject to these Terms and any third-party rights.
7. Accounts and security
You must provide accurate information, keep it current, protect your credentials and devices, and promptly notify us of suspected unauthorized access. You are responsible for activity through your account unless caused by our breach of these Terms or applicable law. You may not share, sell, or transfer an account in a way we have not authorized.
8. Subscriptions, billing, and cancellation
Paid features may require a recurring subscription. Prices, billing periods, trial terms, and included features are shown before purchase. Unless canceled before renewal, subscriptions automatically renew for the stated period where permitted by law. Purchases made through Apple’s App Store or Google Play are billed, renewed, canceled, and refunded under that store’s terms and settings. We do not control store refund decisions.
You may cancel at any time through the store or account settings used to subscribe. Cancellation stops future renewals but does not ordinarily provide a refund for the current period except where required by law or stated otherwise at purchase.
9. Our intellectual property
The Services, including software, design, branding, interfaces, models, documentation, and other materials excluding User Content, are owned by Balm Technologies or its licensors and protected by law. Subject to these Terms, we grant you a limited, personal, non-exclusive, non-transferable, revocable right to use the Services for their intended purpose. No other rights are granted.
If you provide feedback, you grant us a perpetual, worldwide, royalty-free right to use it without restriction or compensation, provided we do not identify you publicly without permission.
10. Third-party services
The Services may integrate with providers such as OpenAI, ElevenLabs, Google Cloud, Apple, Google, or other third parties. Their products may be governed by separate terms and policies. We are not responsible for third-party services, content, availability, or actions, except to the extent required by law.
11. Privacy
Our Privacy Policy explains how we collect, use, disclose, and safeguard personal information. It is incorporated into these Terms by reference.
12. Service changes and availability
We may add, change, suspend, or discontinue features and may impose reasonable usage limits. We work to keep the Services available but do not guarantee uninterrupted, timely, secure, or error-free operation. Maintenance, outages, provider failures, security events, or circumstances beyond our control may affect access. You are responsible for maintaining copies of content you cannot afford to lose.
13. Suspension and termination
You may stop using the Services or request account deletion at any time. We may suspend or terminate access if you materially or repeatedly violate these Terms, create legal or security risk, fail to pay applicable fees, or if required by law. Where practical, we will provide notice and an opportunity to cure unless urgent action is reasonably necessary.
Provisions that by their nature should survive termination—including ownership, disclaimers, liability limits, indemnity, disputes, and general terms—will survive.
14. Disclaimers
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BALM TECHNOLOGIES AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND PROVIDERS DISCLAIM ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
Nothing in these Terms excludes warranties or rights that cannot lawfully be excluded.
15. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, BALM TECHNOLOGIES AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, AND PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES; OR DAMAGES ARISING FROM AI OUTPUT, USER CONTENT, RECORDING OR CONSENT VIOLATIONS, UNAUTHORIZED ACCESS, SERVICE INTERRUPTION, OR THIRD-PARTY SERVICES, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO BALM TECHNOLOGIES FOR THE SERVICES DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) US$100.
These limitations apply only to the extent allowed by law and do not limit liability that cannot lawfully be limited, including where applicable for fraud, willful misconduct, or death or personal injury caused by negligence.
16. Indemnification
To the extent permitted by law, you will defend, indemnify, and hold harmless Balm Technologies and its affiliates, officers, employees, agents, licensors, and providers from third-party claims, losses, liabilities, damages, judgments, penalties, costs, and reasonable legal fees arising from or relating to: your User Content; your use or misuse of the Services; your violation of these Terms or law; your infringement of another person’s rights; or your recording, transcription, monitoring, storage, use, or disclosure of a communication without legally sufficient notice, authorization, or consent.
We will provide reasonable notice of a covered claim and may control its defense. You may not settle a claim in a way that admits fault by or imposes obligations on Balm Technologies without our written consent. This section does not apply where prohibited by law.
17. Disputes
Before filing a formal claim, you and Balm Technologies agree to try in good faith to resolve the dispute informally for at least 30 days after written notice describing the issue and requested resolution. Send notices to hello@balmtechnologies.com. Either party may seek urgent injunctive relief when necessary to prevent immediate harm.
Any dispute will be governed and resolved under applicable law and in a court with lawful jurisdiction. These Terms do not require arbitration and do not waive any right to a jury trial unless you separately agree to such terms in writing.
18. General terms
These Terms and the Privacy Policy are the entire agreement about the Services and replace prior agreements on the same subject. If a provision is unenforceable, it will be modified only as much as necessary and the remaining provisions will remain effective. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, reorganization, or sale of assets.
We may update these Terms to reflect changes to the Services, law, or our operations. We will post updated Terms with a new effective date and provide additional notice where required. Material changes apply prospectively. If you do not agree to updated Terms, you must stop using the Services.