Balalai builds technologies and provides services that enable businesses to connect with each other to build communities and grow their businesses. Our mission is to connect businesses to allow them to be more productive and successful. Our services are designed to promote commercial opportunity for our members by enabling businesses to connect to find opportunities and make decisions in a network of trusted relationships.
We use Artificial Intelligence (AI) for marketing and sales strategies. As an ever-evolving technology, any use of AI for marketing or sales may present risks the user should understand. AI may be subject to human errors, third-party conflicts of interest, or inaccuracies. Both users and any third parties related to an AI effort must be aware that the activity is subject to the applicable laws, regulations, and ethical considerations provided by their local legal system. It is the user's responsibility to ensure the legality and compliance of any AI-based marketing efforts undertaken; because of this, we commit to the ethical and responsible use of AI.
- These Terms govern your use of the products, features, services, technologies, and software we offer (the Balalai Products or Products), except where we expressly state that separate terms (and not these) apply. These Products are provided to you by Balalai.
- You agree that by registering, accessing or using our services (described below), you agree to enter into a legally binding contract with Balalai. You agree that we can show you communications that we think will be relevant to you and your interests. We use your data to help determine which companies to best connect.
- We don’t sell your data to advertisers. Instead, companies can tell us things like their preferred audience based on product parity, proximity, and other so we may share those who may be interested. See Section 2 below to learn more.
- Our Data Policy explains how we collect and use your data to determine some of the ads you see and provide all of the other services described below.
1. The services we provide
Our mission is to give businesses the power to grow by applying data science to leverage their community. To help advance this mission, we provide the Products and services described below to you:
- We provide a personalized experience for you. Your experience on Balalai is unlike anyone else’s, and is derived from the transactional data you load on the platform. We process this data to provide a series of reports to assist you in summarizing your commercial activity, segment your base for front-office campaigns, compare most recent activity against sales forecasts ( each of the parties acknowledges that any financial or sales projections that may have been or are hereafter delivered to the other party (the "Financial Projections") reflect a number of estimates and highly subjective assumptions and judgments concerning anticipated results of operations ), high-level P&L generation, inventory control and other. We also use this data to assist in sourcing optimization.
- We connect you with organizations important to you. We help you find and connect with businesses, organizations, and others that matter to you across the Balalai Products you use. We may show you offers and other sponsored content to help you discover products and services offered by the many businesses that use Balalai and other Balalai Products. Section 2 below explains this in more detail.
- Forward-Looking Statements Certain information set forth contains “forward-looking information”, including “future-oriented financial information” and “financial outlook”, under applicable securities laws (collectively referred to herein as forward-looking statements). Except for statements of historical fact, the information contained herein constitutes forward-looking statements and may include, but is not limited to, (i) projected performance of the Company; (ii) completion of, and the use of proceeds from, the sale of the shares being offered hereunder; (iii) the expected development of the Company’s business, projects, and joint ventures; (iv) execution of the Company’s vision and growth strategy, including with respect to future M&A activity and global growth; (v) sources and availability of third-party financing for the Company’s projects; (vi) completion of the Company’s projects that are currently underway, in development or otherwise under consideration; (vi) renewal of the Company’s current customer, supplier and other material agreements; and (vii) future liquidity, working capital, and capital requirements. Forward-looking statements are provided to allow clarity to understand management’s beliefs and opinions in respect of the future, as it regards past activity, so that these beliefs and opinions may factor in evaluations.
These statements are not guarantees of future performance and undue reliance should not be placed on them. Such forward-looking statements necessarily involve known and unknown risks and uncertainties, which may cause actual performance and financial results in future periods to differ materially from any projections of future performance or result expressed or implied by such forward-looking statements.
Although forward-looking statements contained in this presentation are based upon what management of the Company believes are reasonable assumptions, there can be no assurance that forward-looking statements will prove to be accurate, as actual results and future events could differ materially from those anticipated in such statements. The Company undertakes no obligation to update forward-looking statements if circumstances or management’s estimates or opinions should change except as required by applicable securities laws. The reader is cautioned not to place undue reliance on forward-looking statements.
- We combat harmful conduct and protect and support our community. People will only build community on Balalai Products if they feel safe. We employ dedicated teams and develop advanced technical systems to detect misuse of our Products, harmful conduct towards others, and situations where we may be able to help support or protect our community. If we learn of content or conduct like this, we will take appropriate action - for example, offering help, removing content, removing or restricting access, disabling an account, or contacting law enforcement. We share data with other Balalai Companies when we detect misuse or harmful conduct by someone using one of our Products. We use and develop advanced technologies to provide a secure and functional service for everyone. We use and develop advanced technologies, like artificial intelligence and machine learning, and build sophisticated network and communication technology to help businesses connect and interact.
- We research ways to make our services better. We engage in research to develop, test, and improve our Products. This includes analyzing the data we have about our users and understanding how businesses use our Products. For example, we conduct tests on new features. Our Data Policy explains how we use data to support this research for the purposes of developing and improving our services.
- We provide consistent experiences across the Balalai Company Products. Our Products help you find and connect with businesses, organizations, and others that are important to you. Enable global access to our services. To operate our service, we need to store and distribute content and data in our data centers and systems.
2. How our services are funded
A. Subscription based. The services we offer are fee based. You agree to pay the applicable fees and taxes. Failure to pay these fees will result in the termination of your Services.
- B. Add based. By using the Balalai Products covered by these Terms, you agree that we can show you communications that businesses and organizations promote on and off the Balalai Company Products.
- Protecting people's privacy is central to how we've designed our ad system. We don't sell your personal data to advertisers. We allow companies to tell us things like the kind of audience they want to reach out to (i.e.: businesses a certain distance away from them or in their vertical). We then show their ads to those who might be interested.
- We also provide companies with reports to help them understand how people are interacting with their content on and off Balalai. For example, we provide information of interest to advertisers, like companies outside their area of operation that may be interested, or others to help them better understand their community to expand their base.
3. Your commitments to Balalai and our community
- We provide these services to you and others to help advance our mission. In exchange, we need you to make the following commitments:
- 1. Who can use Balalai
- Businesses with the intent of optimizing downstream and upstream commercial activities and ways to save time producing reports. Use the same name that you use in everyday life. Provide accurate information about yourself. Create only one account (your own) and use your timeline for commercial purposes.
- Not share your password, give access to your Balalai account to others, or transfer your account to anyone else (without our permission).
- We try to make Balalai broadly available to everyone, but you cannot use Balalai if: You are under 13 years old, you are a convicted sex offender, we've previously disabled your account for violations of our Terms or Policies. You are prohibited from receiving our products, services, or software under applicable laws.
- 2. What you can share and do on Balalai Products
- We want people to use Balalai Products to optimize and improve their commercial opportunities, but not at the expense of the safety and well-being of others or the integrity of our community. You therefore agree not to engage in the conduct described below (or to facilitate or support others in doing so). You may not use our Products to do or share anything that violates these Terms, our Community Standards, and other terms and policies that apply to your use of our Products that is unlawful, misleading, discriminatory or fraudulent. That infringes or violates someone else's rights, including their intellectual property rights. You may not upload viruses or malicious code or do anything that could disable, overburden, or impair the proper working or appearance of our Products. You may not access or collect data from our Products using automated means or attempt to access data you do not have permission to access.
- We can remove or restrict access to content that is in violation of these provisions and submit you to applicable laws and regulations. If we suspend your activity because of services to this Agreement, we’ll let you know and explain any options you have to request another review, unless you seriously or repeatedly violate these Terms or if doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons. To help support our community, we encourage you to report content or conduct that you believe violates your rights (including intellectual property rights) or our terms and policies.
- We can also remove or restrict access to your content, services or information if we determine that doing so is reasonably necessary to avoid or mitigate adverse legal or regulatory impacts to Balalai.
- 3. The permissions you give us
- Permission to use data you upload. Data you upload may be protected by intellectual property laws. You own the intellectual property rights (things like copyright or trademarks) in any such data you share on Balalai and other Balalai Company Products you use. Nothing in these Terms takes away the rights you have to your own content. You are free to share your content with anyone else, wherever you want. However, to provide our services we need you to give us some legal permissions (known as a ‘license’) to use this content. This is solely for the purposes of providing and improving our Products and Services as described in Section 1 above. Specifically, when you upload content that is covered by intellectual property rights on or in connection with our Products. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use and create derivative works of your data. This means, for example, that if you load commercial activity on Balalai, you give us permission to store, copy, and aggregate it with others for presenting to institutions or other service providers that may support your immediate growth goals and our service or other Balalai Products you use.
- You can delete content individually or all at once by deleting your account. You can download copies of your reports at any time before deleting your account. When you delete content, it’s no longer visible to the front and back office services we offer, however it may continue to exist elsewhere on our systems. If immediate deletion is not possible due to technical limitations (in which case, your content will be deleted within a maximum of 90 days from when you delete it), your content has been used by others in accordance with this license and they have not deleted it (in which case this license will continue to apply until that content is deleted), or where immediate deletion would restrict our ability to investigate or identify illegal activity or violations of our terms and policies (for example, to identify or investigate misuse of our Products or systems), comply with a legal obligation, such as the preservation of evidence, or comply with a request of a judicial or administrative authority, law enforcement or a government agency; in which case, the content will be retained for no longer than is necessary for the purposes for which it has been retained (the exact duration will vary on a case-by-case basis). In each of the above cases, this license will continue until the content has been fully deleted.
- Permission to use information about your activity with ads and sponsored content. You give us permission to use information about you for ads, offers, and other content that we display across our Products, without any compensation to you. For example, we may show your interest in an advertised event by a brand that displays ads on Balalai. Ads like this can be seen only by organizations on Balalai Products.
- Permission to update software you use or download. If you download or use our software, you give us permission to download and install updates to the software where available.
- 4. Limits on using our intellectual property
- If you use content covered by intellectual property rights that we have and make available in our Products we retain all rights to that content (but not yours). You can only use our copyrights or trademarks (or any similar marks) as expressly permitted by our Brand Usage Guidelines or with our prior written permission. You may not create derivative works of, decompile, or otherwise attempt to extract source code from us.
4. Additional provisions
- 1. DEFINITIONS
1.1 “Incident” means any set of circumstances from the Service Provider resulting in a failure to meet a Service Level.
1.2 “Service” or “Services” refers to the Service provided to the Service Recipient pursuant to the contract/proposal.
1.3 “Service Credit” is the percentage of the monthly Service fees for the Service that is credited to the Service Recipient for a service level not met pursuant to this SSLA.
1.4 “Confidential Information” shall mean and include any document the “Disclosing Party” marks as Confidential, any information designated as Confidential.
1.5 “Documentation” shall mean and include all the Documents, Forms, Order Forms, Payment Schedule, Service Schedule and any such documents made available by the parties to each other to facilitate the performance of services.
1.6 “Downtime” is defined as any period when users are unable to access the Service Provider’s sites for which they have appropriate permissions. The ability to access the Service Provider’s site is determined by automated monitoring that attempts to access the Service Provider’s site, supplemented by service logs. Downtime does not include the period when the Service is not available as a result of: (a) Scheduled Downtime or scheduled network, hardware, or Service maintenance or upgrades; (b) the acts or omissions of the Service Recipient or the Service Recipient’s employees, agents, contractors, or vendors, or anyone gaining access to Service Provider’s network by means of the Service Recipient’s passwords or equipment; or (c) Service Recipient requested changes.
1.7 “Scheduled Downtime” is defined as: (a) Downtime with reestablished maintenance windows; Service Recipient specific updates/customizations; general upgrades to firmware: or (b) Downtime during major version upgrade. Scheduled downtime is not considered Downtime for the purposes of this agreement.
1.8 “Specification Target” shall mean the time targets within the Service Providers shall down the servers for the maintenance of the services or for fixing any errors.
1.9 “Response Time” is the time that the Service Provider shall take to acknowledge the call or email of the Service Recipient, advising them of a problem.
1.10 “Resolution Time” is the time the Service Provider takes to fix the problem.
- 2. Updating our Terms
- Unless otherwise required by law, we will notify you before we make changes to these Terms and give you an opportunity to review them before they go into effect. Once any updated Terms are in effect, you will be bound by them if you continue to use our Products. If you do not agree to our updated Terms and no longer want to be a part of the Balalai community, you can delete your account at any time
- 3. Account suspension or termination
- We want Balalai to be a place where businesses feel welcome and safe to expand their commercial potentials. If it is determined that you have clearly, seriously or repeatedly breached our Terms or Policies, including in particular our Community Standards, we may suspend or permanently disable access to your account. We may also suspend or disable your account if you repeatedly infringe other people’s intellectual property rights or where we are required to do so for legal reasons.
- Where we take such action we’ll let you know and explain any options you have to request a review, unless doing so may expose us or others to legal liability; harm our community of users; compromise or interfere with the integrity or operation of any of our services, systems or Products; or where we are restricted due to technical limitations; or where we are prohibited from doing so for legal reasons. If you delete or we disable your account, these Terms shall terminate as an agreement between you and us, but the following provisions will remain in place: 3, 4.2-4.5.
- 4. Limits on liability
- Our Products, however, are provided "as is," and we make no guarantees that they always will be safe, secure, or error-free, or that they will function without disruptions, delays, or imperfections. To the extent permitted by law, we also DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not control or direct what users do or say, and we are not responsible for their actions or conduct (whether online or offline) or any content they share (including offensive, inappropriate, obscene, unlawful, and other objectionable content).
- We cannot predict when issues might arise with our Products. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or the Balalai Products, even if we have been advised of the possibility of such damages. Our aggregate liability arising out of or relating to these Terms or the Balalai Products will not exceed the amount you have paid us in the month.
- 5. Disputes
- For any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms or the Balalai Products ("claim"), you agree that it will be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim, and that the laws of the State of California will govern these Terms and any claim, without regard to conflict of law provisions.
- 6. Other
- These Terms (formerly known as the Statement of Rights and Responsibilities) make up the entire agreement between you and Balalai regarding your use of our Products. They supersede any prior agreements. Some of the Products we offer are also governed by supplemental terms. If you use any of those Products, supplemental terms will be made available and will become part of our agreement with you. For instance, if you access or use our Products for commercial or business purposes, such as buying ads, selling products or using our services, you must agree to our Commercial Terms. To the extent any supplemental terms conflict with these Terms, the supplemental terms shall govern to the extent of the conflict.
- If any portion of these Terms is found to be unenforceable, the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendments or waivers of these Terms must be made in writing and signed by us. You will not transfer any of your rights or obligations under these Terms to anyone else without our consent. You may designate a person (called a legacy contact) to manage your account if it is memorialized. Only your legacy contact or a person who you have identified in a valid will or similar document expressing clear consent to disclose your content upon death or incapacity will be able to seek disclosure from your account after it is memorialized.
- These Terms do not confer any third-party beneficiary rights. All of our rights and obligations under these Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. You should know that we may need to change the username for your account in certain circumstances (for example, if someone else claims the username and it appears unrelated to the name you use in everyday life).
- We always appreciate your feedback and other suggestions about our products and services. But you should know that we may use them without any restriction or obligation to compensate you, and we are under no obligation to keep them confidential. We reserve all rights not expressly granted to you.
5. Other terms and policies that may apply to you
- Community Standards: These guidelines outline our standards regarding the content you load to Balalai and your activity on Balalai and other Balalai Products. Commercial Terms: These terms apply if you also access or use our Products for any commercial or business purpose, including advertising, operating an app on our Platform, using our measurement services, managing a group or a Page for a business, or selling goods or services. Advertising Policies: These policies specify what types of ad content are allowed by partners who advertise across the Balalai Products. Self-Serve Ad Terms: These terms apply when you use self-serve advertising interfaces to create, submit, or deliver advertising or other commercial or sponsored activity or content. Balalai Pages, Groups and Events Policy: These guidelines apply if you create or administer a Balalai Page, group, or event, or if you use Balalai to communicate or administer a promotion. Developer Payment Terms: These terms apply to developers of applications that use Balalai Payments. Community Payment Terms: These terms apply to payments made on or through Balalai Products. Commerce Policies: These guidelines outline the policies that apply when you offer products and services for sale on Balalai. Balalai Brand Resources: These guidelines outline the policies that apply to use of Balalai trademarks, logos, and screenshots.