Terms and Conditions

ABOUT

Welcome to our Balloonary.io website/application, a product of SPOTICLE s.à r.l… If you continue to browse and use this website/application both within Luxembourg and internationally you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy governs SPOTICLE s.à r.l.’s relationship with you in relation to this website/application. We may update these terms from time to time.

OUR SERVICES

Balloonary.io provides online services which allow Balloonary.io users to create and manage their own user account for and in order to create, manage and modify their own Balloonary.io Balloon website(s). The Balloonary.io services enable the user to modify the design of their Balloon website(s) as well as to upload and publish their own content and operate an online campaign to generate traffic for their Balloon website(s). Balloonary.io users may also collect emails from their visitors via a dedicated email submission form.

Balloonary.io offers various versions of its service in so called “packages”. All current specifications for these fee-based and gratuitous packages can be found under https://www.Balloonary.io

All services provided by Balloonary.io free of charge may be discontinued at any time. In such a case the user will not be entitled to claim the continuation of this type of service.

The website created by the Balloonary.io user shall be published under a subdomain name that shall either be chosen by the Balloonary.io user or generated automatically. Users are not permitted to redirect an externally hosted domain to a free of charge Balloonary.io Page or to display the free of charge Balloonary.io website(s) on an external Website (e.g. integration via frame or iframe).

In edit mode on all Balloonary.io website(s), Balloonary.io collects data in order to ensure the quality of Balloonary.io websites. This collection of data is carried out on all Balloonary.io websites. Balloonary.io uses the data obtained in order to solve problems and to continually improve the ease of operation of our services and provide the Balloonary.io user with analytics about his Balloon website(s). Balloonary.io reserves the right to use other web analysis systems. We shall have the right to employ the services of third parties in accordance with the respective legal provisions applicable to Balloonary.io for service provision and in accordance with the commissioned data processing contract.

In order to expand its service package, Balloonary.io may offer third-party services that can be integrated into the websites of Balloonary.io users. Type and scope of utilisation shall also be based on the respective general terms and conditions and the privacy statement of the third-party service provider. These third-party services shall be utilised at the risk of the user; Balloonary.io shall not be liable for any damages incurred through using the services of third-party providers. Before third-party services are integrated/linked, you should always check the privacy statement and terms and conditions of the relevant third-party service provider, as the integration may allow the third-party provider access to your personal data. For example, personal data that Balloonary.io transmits to a third-party account or a platform may in turn be transmitted to specific third parties, including the general public, depending on the data protection regulations of the account or platform.

The presentation and design of the administration area (e.g. dashboard or CMS) shall be solely the responsibility of Balloonary.io.
Balloonary.io reserves the right to send user surveys to the Balloonary.io user in the administration section of the website and / or via email (based on the user’s consent) in order to learn how satisfied the user is with Balloonary.io’s products. The user will decide individually as to whether he would like to participate in each individual survey and what information they wish to thereby provide to Balloonary.io.(Article 6 (1) (a) of the GDPR).

CONTENT

The information contained on Balloonary.io is for general information purposes only and subject to change. The information is provided by Balloonary.io and whilst we endeavor to keep the information up-to-date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website/application or the information, content, products, services, or related graphics in any form whatsoever contained on the website/application for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Some of the content is provided by members or registered users. The views expressed are theirs and not those of Balloonary.io. Balloonary.io is not responsible for any content posted or sent on or to the website/application by any members of the public.

This website/application contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the intellectual property notice, which forms part of these terms and conditions.

USER-GENERATED CONTENT

By posting or sending content (including any pictures, videos, images, audio, text or any other) on or to our website/application, you confirm that your content is your own original work, that your content is not illegal, inappropriate, offensive or poses any danger to yourself and that you have the right to give us a non-exclusive permission to use it.

By posting or sending content (including any pictures, videos, images, audio, text or any other) on or to our website/application, you acknowledge that your content becomes public and visible for everyone to see without limitations.

By posting or sending content (including any pictures, videos, images, audio, text or any other) on or to our website/application, you also grant us permission to use this content in any way we want without any limits (including modifying or adapting) and free of charge.

Copyright of your submitted content will remain with you and we may show your name unless you inform us in writing that you do not want us to do so or that it is not technically possible.

If you do not want to grant us permission to use your content; please do not post or send it on or to our website/application.

Balloonary.io reserves the right to delete any posted or sent content on or to our website/application without prior notice or for any reason.

USE

By using our website/application you agree not to infringe, restrict or inhibit the rights of anyone else using our website/application, use our website/application for unlawful, illegal, fraudulent or harmful purposes or activities or send or post inappropriate or offensive content to or on our website/application. This includes content that is pornographic, obscene or immoral in nature, content in violation of relevant legislation regarding the protection of minors, that violate data protection regulations and that otherwise violate the law and/or content/services/products that are fraudulent in nature, content that glorifies or trivialises war, terror and other acts of violence against people or animals, content based on sex, race, colour, ethnic group or social origin, language, religion or belief, political or any other opinion, birth, disability, age or sexual orientation, nationality etc. that may insult or slander other users or third parties based on, content and/or communications that are deemed to promote and/or support racism, radicalism, fascism, fanaticism, hate, physical and psychological violence or illegal activity (whether explicit or implicit) or that otherwise breach the standards of common decency.

You may not use our website/application for the distribution and/or otherwise transmission or execution of viruses, trojans and other damaging data, the sending of junk, spam or scam mails. You may not transmit or store the content in any other website/application or other form of electronic retrieval system. Furthermore, every action that could influence the normal functioning of the Balloonary.io platform is prohibited.

TERMS OF PAYMENT

If you use Balloonary.io’s fee-based packages as well as optional extra services/ services from third party providers you automatically agree to our general terms of use and privacy policy and to the general terms of use and privacy policies from the respective third party providers. You must also be at least 18 years old to use Balloonary.io’s fee-based packages.

For the use of the fee-based packages as well as the optional extra services/ services from third party providers charges shall apply that shall be due in advance for a complete contractual period. All payment methods possible shall be displayed to the user in the product information and/or during the checkout and ordering process. Balloonary.io processes all payments via external payment processors, including (but not limited to) Stripe. The Balloonary.io user agrees that Balloonary.io payments shall only be accepted via these payment processors and that they correspondingly permit the processor concerned to charge the amount concerned. Balloonary.io is also entitled to deactivate/block the user’s Balloon website(s) and prevent their access where the charges due are not paid. In this case Balloonary.io is also entitled to delete the corresponding sub-domain name(s). Resumed use of the Balloonary.io website and/or the Balloonary.io account shall only be possible once all outstanding sums have been settled. Balloonary.io does not accept any liability for losses, damages or loss of revenue that may be caused by the blocking of a Balloonary.io website due to incomplete or delayed payment, as long as the failure or delay can be attributed to the Balloonary.io user. Payments are due in the respective national currency i.e. EURO or USD. Discounts and other actions can only be applied to the first term of a contract, unless otherwise stipulated. The current, applicable price shall apply to all contract renewals. We may change our offer and prices from time to time. In the event of such a change all existing, fee-based contract holders shall be provided with a notice and the changes shall take effect from the beginning of the next contractual period. All prices include VAT. The applicable VAT rate shall be shown on the invoice within the EU. Balloonary.io users outside of Europe as well as in Switzerland receive a net amount invoice.

REFUNDS

Fees paid in advance shall not be refunded upon termination of the contract or deletion of the Balloon website(s) prior to the end of the contract period. Balloonary.io will make refunds of the customer payment to customer using the same payment methods that the customer used to make the customer payment to Balloonary.io or via any other method specified by Balloonary.io from time to time. Charges that Balloonary.io incurs via a refund to a Balloonary.io user, denial of payment or via the opening of a dispute claim, may be invoiced to the user. Should the Balloonary.io user have questions regarding a payment they may contact the customer support team in advance.

RESTRICTED ACCESS AREAS

Some areas of our website/application have restricted access and are for members or authorised users only. These restricted areas may require you to register. Please read our Privacy Policy to know how we handle your personal information.

You must ensure that the user ID and password that we may provide you with to access restricted areas, content or services are kept safe and confidential.

You must also ensure that you log-out properly from our website/application after every session.

We will never ask for your password other than for registration or login purposes.

You should not among others:

  • spam
  • post or send illegal, offensive, objectionable, harmful, threatening, inappropriate, unlawful content
  • impersonate or use inappropriate or offensive user names
  • use multiple logins to disrupt or annoy other users
  • use proxy IPs to hide your use of multiple logins or to falsify the location of your computer.

You are responsible for the correctness and validity of the information you provide and must make sure that we can contact you for organisation and moderation purposes. We may ask you to revalidate or submit additional information from time to time.

Balloonary.io reserves the right to close or take action against accounts without prior notice or for any reason.

We may use your available information (including your IP address) to stop you from disrupting our services. This may include informing relevant third parties of your wrong doings.

Balloonary.io reserves the right to block access to our services either temporarily or permanently if there are concrete indications that the Balloonary.io user has violated or shall violate these terms and conditions and/or the law, or if Balloonary.io has a legitimate interest in blocking access.

SENDING PERMISSION

With your Balloon website(s) you may collect emails from your visitors via a dedicated email submission form.

You are responsible for the data you collect via the email submission form and you must comply with privacy laws.

Always get permission from contacts who want to receive your email marketing campaigns. Permission is not only common courtesy, it’s required by our Terms of Use. Permission is express, verifiable consent to receive marketing communication. To ensure a healthy audience, always secure permission before you send someone email campaigns. Never assume you have permission, and when in doubt, get confirmation. People who have not given you permission are more likely to report your email campaigns as spam, and less likely to engage with your campaigns or make purchases. It is in your best interest to always secure express permission. If enough people mark your email campaigns as spam, the ISP can blacklist you. When that happens, any message you send to anyone on their network will be blocked. A few spam reports could get you blocked. Once you are on a blacklist, it is very difficult to get yourself removed.

If we receive an unusual number of complaints, we shall be entitled to close your account, in which case you shall not be entitled to claim any refund or compensation.

In summary:

  • emails (unless transactional) can only be sent where permission has been expressly obtained in nature, it can only be sent to recipients who have explicitly granted permission to receive them
  • an unsubscribe link must be included in every marketing campaign
  • sender name and status must be clearly communicated in every message
  • send only legal and legitimate information

PERSONAL SAFETY

You should never reveal any personal information about yourself or anyone else on our website/application or through our services such as chat, forums, blogs and others. Please read our Privacy Policy to know how we use your personal information.

INTELLECTUAL PROPERTY

All content of any kind and any form, trademarks, copyright, designs, layouts, programs and other intellectual property rights from our website/application may not be copied, reproduced, republished, modified, posted, downloaded, broadcasted, altered, made available to the public, adapted or used in any way, except for your own personal, non-commercial use. Please ask written permission if you intend to use the content from our website/application for any other use.

Unauthorised use of this website/application may give rise to a claim for damages and/or be a criminal offence.

LIABILITY AND WARRANTY

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website/application.

Every effort is made to keep the website/application up and running smoothly. However, Balloonary.io takes no responsibility for, and will not be liable for, the website/application being temporarily unavailable.

CHANGES TO THESE TERMS OF USE

We reserve the right to change these Terms of Use at any time. You should regularly check this webpage to ensure you are happy with the amendments.

NOTICES

Any notice or other communication or any other formal communication to be given hereunder shall be in writing and shall be sent to SPOTICLE s.à r.l. 23, rue de l’Hippodrome L-1730 Luxembourg by registered mail.s

Any ordinary communication in the context of performance of services shall be sent by email to support@balloonary.io

APPLICABLE LAW & JURISDICTION

These terms are subject to Luxembourg law. In case of litigation, the Luxembourg Courts will have exclusive jurisdiction.