End-User License Agreement (EULA) – BalloonBuilder.com

Effective date: 14 December 2025

Last updated: 14 December 2025

This End-User License Agreement (“Agreement”) is a legally binding contract between:
Pallokauppa J.H. (Business ID 2911630-6), Typpitie 1, 90620 Oulu, Finland (“Company”, “we”, “us”),
and you (“User”, “you”).

By accessing or using BalloonBuilder.com (the “Service”) you agree to this Agreement. If you do not agree, do not use the Service.

1. Definitions

Service: the BalloonBuilder.com web-based software and related website, features, content, templates, and updates we provide.
Software: the underlying code, interfaces, and functionality of the Service.
User Content: any content you upload, submit, or otherwise make available through the Service (e.g., notes, text inputs, brand assets).
Output: designs, plans, renders, or images you create or generate using the Service (including exported images).
Third-Party Services: tools, platforms, libraries, hosting, analytics, messaging, payment processing, or content provided by third parties.

2. Eligibility and accounts

Age. The Service is not intended for children under 13. If you are under 13, do not use the Service.
Account security. If you create an account, you are responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
Accurate information. You agree to provide accurate and up-to-date information (including billing information, if applicable).

3. License grant

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for professional balloon-decoration design work,
subject to this Agreement and applicable law. This license is granted worldwide unless prohibited by law.

4. Ownership and intellectual property

Our IP. The Software and Service (including the look and feel, templates, features, trademarks, and documentation) are and remain our exclusive property and/or that of our licensors.
Your Output. As between you and us, you own the rights you may have in the Output you create, subject to (a) any third-party rights and (b) the restrictions in Section 5.
No transfer. Except for the license explicitly granted in this Agreement, no rights are granted to you.

5. Restrictions on use of Output (created images)

You may use Output for your own business marketing, website, proposals, and creation/sale of physical balloon services. You may not:

sell or resell generated images/files as standalone items;
license, redistribute, or otherwise make Output available as a standalone product (e.g., stock images, downloadable packs);
use Output in commercial digital products (e.g., digital templates, downloadable design products, apps, or SaaS offerings) without our prior written permission.

6. Acceptable use and prohibited conduct

You agree not to, and not to attempt to:

reverse engineer, decompile, disassemble, copy, replicate, or create derivative works of the Software (except where mandatory law allows and cannot be waived);
circumvent access controls, security measures, rate limits, paywalls, or usage restrictions;
interfere with or disrupt the Service (including by introducing malware, bots, scraping, or denial-of-service attempts);
use the Service unlawfully, or in a way that infringes third-party rights (including intellectual property rights);
use the Service to create or distribute misleading, deceptive, or fraudulent materials.

7. Third-Party Services and third-party content

The Service may display, include, or make available Third-Party Services and/or third-party content. Your use of Third-Party Services may be subject to separate terms and privacy policies of those third parties.
We do not control Third-Party Services and are not responsible for them (including outages, changes, removal, or their acts/omissions).
Third-party trademarks, logos, and content belong to their respective owners.
If user uploads any licensed images on BalloonBuilder.com website and uses those images to create any content (for example balloon wall with a logo), BalloonBuilder.com will not be responsible for any possible copyright infringements, but those are solely the User’s responsibility and liability (including ensuring they have all necessary rights, licenses, and permissions for such use and for any resulting Output).

8. Privacy and communications

Personal data. We collect and process personal information when you use the Service (e.g., account details, usage data) and use analytics for traffic measurement.
Emails. We may send you service and account emails (e.g., password resets, billing, security notices). If you opt in, we may also send newsletters and marketing emails; you can unsubscribe using the link in those emails or by contacting us.
Privacy policy. Our Privacy Policy (and any Cookie Policy) explains what we collect and how we use it; it forms part of your use of the Service.

9. Subscriptions, fees, trials, cancellation, refunds

Plans. Subscriptions may be offered on monthly, 6-month, or yearly terms and may include a free trial.
Billing. If you purchase a subscription, you authorize us (and our payment processors) to charge applicable fees and taxes.
Cancellation. You may cancel a subscription by following the instructions in your account settings (if available) or by contacting support. Cancellation typically stops renewal at the end of the current billing period.
Refunds. Fees are non-refundable except where required by mandatory law.
EEA consumer withdrawal rights. If you are a consumer in the EEA buying online, you generally have a 14-day right of withdrawal for distance contracts, with some exceptions and rules depending on whether the purchase is a service or digital content/service.
If you request that we start supplying the Service during the withdrawal period, you may have to pay a proportionate amount for what was provided before withdrawal, as required by law.
Where the law allows an exception for digital content/services once performance begins with your prior express consent and acknowledgement, we will only rely on that exception if we have obtained the required consent and acknowledgement through the purchase flow.

10. Service availability, changes, and updates

As-is service; no uptime guarantee. The Service is provided “as is” and “as available”. We do not guarantee uninterrupted availability and do not provide compensation for downtime.
Target uptime. Any target uptime stated by us is a goal, not a guarantee.
Changes. We may modify, update, or discontinue features at any time, including to maintain security, comply with law, or improve the Service.

11. Safety and professional responsibility

The Service provides design planning assistance only. BalloonBuilder.com may provide instructions and estimates, and we aim to provide accurate information regarding balloon sizes, balloon counts, measurements, and other design-related details; however, all such information is provided for guidance only and may be inaccurate or incomplete. You are solely responsible for independently verifying all measurements, quantities, sizes, structural considerations, venue rules, and safety requirements for balloon installations before purchasing materials or executing an installation. BalloonBuilder.com will not be liable for any errors, inaccuracies, omissions, or outcomes resulting from reliance on information provided by the Service. Do not rely on the Service for safety-critical decisions.

12. Support

We may provide support via email and/or messaging channels (such as WhatsApp). Any response times are targets only and not guaranteed.

13. Termination

By you. You may stop using the Service at any time. To avoid renewal charges, cancel any subscription before the renewal date.
By us. We may suspend or terminate access immediately if we reasonably believe you have breached this Agreement, misused the Service, attempted reverse engineering, failed to pay, or if required for legal, security, or technical reasons.
Effect. Upon termination, your license ends and you must stop using the Service. Sections that by their nature should survive will survive (including IP, disclaimers, liability limits, and indemnities).

14. Disclaimers

To the maximum extent permitted by law, we disclaim all warranties of any kind (express, implied, or statutory), including merchantability, fitness for a particular purpose, and non-infringement.
Consumer rights. Nothing in this Agreement limits any mandatory consumer rights that cannot be excluded under applicable law.

15. Limitation of liability

To the maximum extent permitted by law, we are not liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, goodwill, or business opportunities.
To the maximum extent permitted by law, our total liability arising out of or relating to the Service is limited to the total subscription fees you paid to us in the 12 months immediately preceding the event giving rise to the claim.
This limitation does not apply to liability that cannot be limited by mandatory law (e.g., intentional misconduct or where consumer law prohibits limitation).

16. Indemnities (including IP indemnity)

16.1 Your indemnity to us

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless the Company and its personnel from and against any claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising from or related to:

your breach of this Agreement;
your User Content;
your misuse of the Service;
your violation of law or third-party rights (including intellectual property rights);
your use of Output in a way that violates this Agreement or third-party rights.

16.2 Our intellectual-property infringement indemnity to you

Subject to the limitations below, we will defend you against any third-party claim alleging that the Service (excluding User Content and Third-Party Services) directly infringes a third party’s copyright, EU trademark, or EU design right, and we will pay the amounts finally awarded by a court or agreed in a settlement approved by us.

This Section 16.2 applies only if you:

promptly notify us in writing of the claim;
allow us sole control of the defense and settlement (except we will not settle in a way that imposes obligations on you without your consent); and
provide reasonable cooperation at our expense.

This Section 16.2 does not apply to claims arising from:

Your User Content or materials you provided;
Third-Party Services or third-party content;
use of the Service in combination with other products/services not supplied by us, where the combination causes the infringement;
use of the Service outside the scope of this Agreement or contrary to our instructions;
any modification of the Service not made by us.

If we believe the Service may become the subject of an infringement claim, we may (at our option): (a) modify the Service to be non-infringing, (b) obtain a license for continued use, or (c) terminate the affected portion of the Service and refund any prepaid, unused subscription fees for the terminated portion, to the extent required by law.

This Section 16.2 states your exclusive remedy and our sole liability for IP infringement claims regarding the Service, to the extent permitted by law.

17. Governing law and disputes

Finnish law applies. Courts located in or closest to Oulu, Finland have jurisdiction, except where mandatory consumer protection rules require otherwise.

18. Changes to this Agreement

We may update this Agreement from time to time. If we make material changes, we will post the updated version on this page and update the “Last updated” date.
Your continued use of the Service after changes become effective means you accept the updated Agreement.

19. Miscellaneous

Severability. If any provision is found unenforceable, the remainder will remain in effect.
No waiver. Failure to enforce a provision is not a waiver.
Assignment. You may not assign this Agreement without our written consent. We may assign it as part of a merger, acquisition, or asset transfer.
Entire agreement. This Agreement and referenced policies constitute the entire agreement between you and us regarding the Service.

20. Contact

Pallokauppa J.H. (Business ID 2911630-6)
Typpitie 1, 90620 Oulu, Finland
Email: info@pallokauppa.com
Website: https://balloonbuilder.com/