This Agreement applies to:
- The balsamiq.com websites (balsamiq.com, blog.balsamiq.com)
- Balsamiq Cloud
- Balsamiq for Google Drive
- Balsamiq for Confluence Cloud
- Balsamiq for Jira Cloud
- Balsamiq for ux.stackexchange.com
For the rest of this document, these will be referred to as Balsamiq Services.
Other Balsamiq products and services are covered by other agreements, as specified on Terms of Service & EULA.
Because we believe in establishing long-term relationships with our customers, we decided to use plain English instead as much as possible, to make our terms as clear as possible.
Please don’t forget that we are real people: take a look at our company page to get to know us a little. We are not perfect, but we’re trying our hardest, because we genuinely care about your success.
Our subscription Services include the concept of a Site or Space Owner, or Administrator. For the rest of this document, these will collectively be referred to as Owners.
Should you have other questions or concerns about this document, please get in touch!
Using Our Services Means Accepting These Terms
This is a living document. With your help, we want to make it the best in the industry.
If you read something that rubs you the wrong way, or if you think of something that should be added, please get in touch! We’re all ears!
We don’t amend this document for any particular customer, but if your changes apply to all of our customers, we’ll be happy to update it for everyone. Scroll to the bottom to see the history so far.
We improve this document over time. If the changes are significant, we will provide a prominent notice on our home page, product login screens, or by sending you an email notification. By continuing to use the Service, you will implicitly accept the changes we make.
Your access and use of the Balsamiq Service is always subject to the most current version of this document.
Email and phone support is also included, but only provided to Owners.
Owners are responsible for first-level support to the people on their Balsamiq Service Site or Space or subscription. If you have an issue with your Balsamiq Service, contact your Owner(s) first.
We continuously update our documentation so that users can help themselves and Owners are better equipped to help their users.
We take pride in providing excellent customer support, but we are also a small team and value our work/life balance. This means that although we’ll try our best, we do not guarantee 24/7 support.
myBalsamiq also requires the Adobe Flash Player.
Your devices have to be able to access our servers on port 443.
Can I Run Your Services behind the Firewall?
Balsamiq for Desktop and our Server Apps can be run behind your firewall. Note that those are governed by a different License Agreement.
For our other Services, the answer is no, and it’s not planned.
Access and Security of Your Data
We also provide answers to information security questionnaire for each of our Services on our Information Security page.
Intellectual Property Rights
Who Owns Balsamiq Materials?
Balsamiq Materials are all the information, data, documents (e.g. white papers, press releases, datasheets, FAQs, etc.), communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, software, code, programs and products on the Balsamiq Services produced by Balsamiq.
Balsamiq Materials are protected by copyrights, trademarks, patents, trade secrets and all other intellectual property and proprietary rights, and any unauthorized use of the Balsamiq Materials may violate such laws and the Terms of Service.
You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Balsamiq Service or Balsamiq Materials or any portions of them.
You agree that you will not decompile, reverse engineer or otherwise attempt to discover the source code of the software. Any copying or redistribution of the software is prohibited, including any copying or reproduction of the software to any other server or location for further reproduction, redistribution or use on a service bureau basis. Any unauthorized use, copying or distribution of the software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
The trademarks, logos and service marks displayed on the Services are the property of Balsamiq or other third parties. You are not permitted to use them without the prior written consent of Balsamiq or such third party that may own the Marks. Balsamiq and the Balsamiq logo are trademarks of Giacomo Guilizzoni, licensed to Balsamiq.
- Balsamiq Materials may not be modified or altered in any way.
- Balsamiq Materials on Balsamiq Services may not be distributed or sold, rented, leased, licensed or otherwise made available to others.
- You may not remove any copyright or other proprietary notices contained in the Balsamiq Materials.
- You may not copy or distribute any graphics in the Balsamiq Materials apart from their accompanying text.
- You will not quote or display Balsamiq Materials, or any portions thereof, out of context.
- Balsamiq reserves the right to revoke the authorization to view, download and print the Balsamiq Materials available via Balsamiq Services at any time, and any such use shall be discontinued immediately upon notice from Balsamiq.
- The rights granted to you constitute a license and not a transfer of title.
- Any Balsamiq Materials made available only upon payment of a fee may only be viewed, downloaded and printed subject to your payment of such fee.
Who Owns the IP of My Wireframes and Assets?
Balsamiq does not claim intellectual property rights over wireframes created with Balsamiq Services nor the assets your users upload.
For Balsamiq Cloud and myBalsamiq, we leave it to each Space or Site Owner(s) to decide who should own the IP of the wireframes created using their Balsamiq Site or Space. We encourage Owner(s) to make their policy clear to their users.
You acknowledge and agree that Balsamiq has no liability of any kind should anyone you granted access to your content modify, destroy, corrupt, copy or distribute it, or violate the Terms of Service or other limitations that you may impose on the use of your shared content.
Balsamiq does not pre-screen user materials that users provide or otherwise submit via Balsamiq Services; however, Balsamiq may remove any posted or submitted user materials from Balsamiq Services for any reason without notice in its sole discretion. By posting or submitting your user materials, you represent and warrant that you own or otherwise control all of the intellectual property rights and other rights to your user materials as described in these Terms of Service, including all the rights necessary for you to post or submit your user materials.
In addition, by posting or otherwise submitting your user materials that contain images, photographs, pictures, videos, webcasts or that are otherwise graphical in whole or in part (“Images”), you represent and warrant that: (a) you own the copyright in such Images, or that you have obtained all necessary license(s) from the copyright owner(s) of such Images to use such Images, or portions thereof, in keeping with your use in connection with Balsamiq Services and as otherwise permitted by these Terms of Service; (b) in the event you choose to grant licenses and sublicenses to such Images, you have the rights necessary to grant the licenses and sublicenses described in these Terms of Service; and © you have received consent from any and all persons depicted in such Images to use the Images as set forth in these Terms of Service, including the distribution, public display, public performance and reproduction of such Images.
You are solely and entirely responsible for all of your user materials that you post or otherwise submit via Balsamiq Services. You shall assume all risks associated with the use of your user materials including any reliance on the accuracy, completeness or usefulness of your user materials. Balsamiq does not guarantee the accuracy, integrity or quality of your user materials. You acknowledge and agree that by accessing or using Balsamiq Services, you may be exposed to user materials from others that are offensive, indecent or otherwise objectionable.
Do You Guarantee That Balsamiq Services Will Be Accessible at All Times?
In short, we do not. Like all other cloud-based applications, we are vulnerable to the inherent unreliability of the Internet. We do not offer contracted SLA for availability to Balsamiq Services and your data.
That said, high reliability is something we are proud of and something we deliberately chose to compete on. We have developers, system administrators and support staff on call, 24/7.
We monitor Balsamiq Services closely and have set up automated alarms to be notified (via email and SMS) when a Balsamiq Service is under stress, so that we can deal with the issue before it becomes a problem that might impact customer access.
You can see for yourself how we’re doing on this front by looking at this Pingdom-powered report.
You acknowledge and agree that Balsamiq shall not be liable for any failure to store your materials on Balsamiq Service at any time.
Play Nice Clauses
Use of Balsamiq Services
You agree that you shall not:
- Collect, harvest, mine or engage in any other activity to obtain e-mail addresses, phone numbers, personal information or any other information about others.
- Use or attempt to gain access to or use another’s user or company account, password, data, or computer systems or networks connected to any Balsamiq Service server, whether through hacking, password mining or any other means.
- Access or attempt to access any material that you are not authorized to access.
- Make available any files containing materials where you do not own or control, or have not received the necessary licenses to, all intellectual property rights, rights of privacy and publicity and all other rights in and to such materials.
- Use any materials in any manner that infringes any intellectual property rights or other rights of any party.
- Disrupt or interfere with the security of, or otherwise cause harm to, Balsamiq Services, Balsamiq Materials, systems resources, accounts, passwords, servers or networks connected to or accessible through Balsamiq Services or any affiliated or linked sites.
- Transmit unsolicited or bulk communications to any Balsamiq Service account holder or to any balsamiq.com or affiliated e-mail address.
- Post or otherwise submit any software, programs or files that are harmful or disruptive of another’s equipment, software or other property, including any corrupted files, time bombs, Trojan horses, viruses and worms.
- Create a false identity for the purpose of misleading others.
- Download any materials posted by another that you know, or reasonably should know, cannot be legally reproduced, distributed, performed or displayed in such manner.
- Disrupt, interfere or inhibit any other user from using and enjoying Balsamiq Services or other affiliated or linked sites, materials or services.
- Access or use Balsamiq Services in any manner that could damage, disable, overburden or impair any Balsamiq Service server or the network(s) connected to any Balsamiq Service server.
- Violate any applicable laws or regulations related to the access to or use of Balsamiq Services, or engage in any activity prohibited by the Terms of Service.
- Post or otherwise submit any topic, name, material or information that is child pornography, defamatory, excessively violent, harassing, inappropriate, indecent, lascivious, lewd, obscene, profane, racist, unlawful, or otherwise objectionable.
- Prepare, compile, use, download or otherwise copy any Balsamiq Service user directory or other user or usage information or any portion thereof, or transmit, provide or otherwise distribute (whether or not for a fee) such directory or information to any third party.
- Engage in any chain letters, contests, junk e-mail, pyramid schemes, spamming, surveys or any other duplicative or unsolicited messages (commercial or otherwise).
- Violate the rights of Balsamiq or any third party (including rights of privacy and publicity) or abuse, defame, harass, stalk or threaten another.
- Use any Balsamiq or Balsamiq Service domain name as a pseudonymous return e-mail address.
- Market any goods or services for any business purpose (including advertising and making offers to buy or sell goods or services), unless specifically allowed to do so by Balsamiq.
Materials and Services provided by third parties are governed by separate agreements accompanying such materials and services. Balsamiq offers no guarantees and assumes no responsibility or liability of any type with respect to the third-party services, including any liability resulting from incompatibility between a third-party service, Balsamiq Materials, the Balsamiq Services or another third-party service. You agree that you will not hold Balsamiq responsible or liable with respect to the third-party services.
Special Treatment for Spammers
In the event of your or others’ access to or use of a Balsamiq Service or Materials in connection with the transmission of spam unsolicited e-mail or postings in violation of these Terms of Service, you acknowledge and agree that Balsamiq would be irreparably harmed thereunder and that monetary damages would be an insufficient and ineffective remedy; therefore you agree that Balsamiq is entitled to obtain immediate injunctive relief against any such transmission (in addition to all other remedies available at law or in equity). Balsamiq may without restriction block, filter or delete unsolicited e-mail.
For our Services that allow you to specify a subdomain, you may not engage in subdomain squatting. Service accounts that are inactive for more than 6 months may also be removed without further notice. Some of the factors that we take into account when determining what conduct is considered to be subdomain squatting are:
- the number Service accounts created
- creating Service accounts for the purpose of preventing others from using those account names
- creating Service accounts for the purpose of selling those accounts
Attempts to sell, buy, or solicit other forms of payment in exchange for Service subdomains are also violations and may result in permanent account suspension.
Restriction and Termination of Use
We may block, restrict, disable, suspend or terminate your access to all or part of the Balsamiq Services at any time in our sole discretion, without prior notice or liability to you. To this day, we have never had to do this, and we hope it never happens.
If you breach any of the terms and conditions in this document, your authorization to access or use the Balsamiq Service automatically terminates. Any materials downloaded or printed from the Balsamiq Service in violation of the Terms of Service must be immediately destroyed.
If you think we removed your access by mistake, get in touch and we’ll give you our reasoning.
Notification of Copyright Infringement
Balsamiq will, in appropriate circumstances, terminate the accounts of users who infringe the intellectual property rights of others. Balsamiq will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512©(2) (“DMCA”).
If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on a Balsamiq Service or on sites linked to from Balsamiq Services, please provide written notification of claimed copyright infringement to the designated agent for Balsamiq, which must contain the following elements:
- A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
- A description of the copyrighted work or works that you claim have been infringed and identification of what content in such work(s) is claimed to be infringing and which you request to be removed or access to which is to be disabled;
- A description of where the content that you claim is infringing is located on Balsamiq Service;
- Information sufficient to permit Balsamiq to contact you, such as your physical address, telephone number, and e-mail address;
- A statement by you that you have a good faith belief that the use of the content identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Balsamiq’s designated agent for notice of claims of copyright infringement can be reached here.
Links to Third Party Sites
Balsamiq Services may include links that will take you to other sites outside of the Balsamiq Service. The linked sites are provided by Balsamiq to you or the creators of the wireframes as a convenience and the inclusion of the links do not imply any endorsement by Balsamiq of any linked site. Balsamiq has no control of the linked sites and you therefore acknowledge and agree that Balsamiq is not responsible for the contents of any linked site, any link contained in a linked site or any changes or updates to a linked site. You further acknowledge and agree that Balsamiq is not responsible for any form of transmission (e.g. webcasting) received from any linked site.
Advertisements and Promotions
Balsamiq may run advertisements and promotions from third parties via Balsamiq Services or Materials in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via Balsamiq Services or Materials, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that Balsamiq is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Balsamiq advertisers on Balsamiq Services or Materials.
Warranties and Disclaimers
The Balsamiq Services and Balsamiq Materials are provided by Balsamiq under these Terms of Service “as is” without warranty of any kind, either express, implied, statutory or otherwise, including, but not limited to, the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Balsamiq makes no warranty that:
- Balsamiq Services and Balsamiq Materials will meet your requirements;
- Balsamiq Services and Balsamiq Materials will be uninterrupted, timely, secure, or error-free;
- the results that may be obtained from the use of Balsamiq Services and Balsamiq Materials will be effective, accurate, or reliable;
- the quality of any Services or Materials purchased or accessible by you will meet your expectations; and
- any errors or defects in Balsamiq Services and Balsamiq Materials will be corrected.
Balsamiq Services and Balsamiq Materials may include technical or other mistakes, inaccuracies, or typographical errors. Balsamiq may make changes to Materials and Services, including the prices and descriptions of any software or products listed, at any time in its sole discretion and without notice. Balsamiq Services and Balsamiq Materials may be out of date, and Balsamiq makes no commitment to update the Materials and Services.
You acknowledge and agree that:
- Balsamiq does not control, endorse, or accept responsibility for any materials or services offered by third parties, including third-party vendors and third parties accessible through linked sites;
- Balsamiq makes no representations or warranties whatsoever about any such third parties, their materials or services;
- any dealings you may have with such third parties are at your own risk; and
- Balsamiq shall not be liable or responsible for any Materials or Services offered by third parties.
Balsamiq does not control or endorse the materials found in any Service and specifically disclaims any liability with regard to the Services and any actions resulting from your use of Balsamiq Services and Balsamiq Materials and participation in any Services. Managers, hosts, Space Owners, project members and other third parties are not authorized Balsamiq spokespersons, and their views do not necessarily reflect those of Balsamiq. To the maximum extent permitted by law, Balsamiq will have no liability related to user materials arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Balsamiq also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user materials.
The use Balsamiq Services, Balsamiq Materials or the downloading or other use of any materials is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data or other harm that results from such activities. Balsamiq assumes no liability for any computer virus or other similar software code that is downloaded to your computer from the site or in connection with any Services or Materials. No advice or information, whether oral or written, obtained by you from Balsamiq or via the site, Services or Materials shall create any warranty not expressly stated in the Terms of Service. Balsamiq will not be liable for any loss that you may incur as a result of someone else using your password or account with respect to the site or any Services or materials, either with or without your knowledge.
Some states or jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last, so the above limitations may not apply to you. To the extent permissible, any implied warranties are limited to ninety (90) days.
Indemnity and Liability
You agree to indemnify and hold Balsamiq and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:
- your user materials and any other content (e.g. computer viruses) that you may submit, post to or transmit through Balsamiq Services, including a third party’s use of such user materials or content (e.g. reliance on the accuracy, completeness or usefulness of your user materials);
- your access to or use of Balsamiq Services (including any use by your employees, contractors or agents and all uses of your account numbers, user names and passwords, whether or not actually or expressly authorized by you, in connection with Balsamiq Services);
- your connection to Balsamiq Services;
- your violation of the Terms of Service;
- the actions of any member of your work group, including non-logged in users you have granted access to the Balsamiq Services you are an Owner for;
- your infringement of any third party’s intellectual property rights when using any of the software made available on Balsamiq Services;
- your violation of any rights of any third party;
- your access to or use of linked sites and your connections thereto; or
- any dealings between you and any third parties advertising or promoting via Balsamiq Services.
Limitation of Liability
In no event shall Balsamiq, its officers, directors, employees, partners or suppliers be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages or losses of any kind, or any damages or losses whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or if Balsamiq has been advised of the possibility of such damages or losses, and on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with:
- the access or use of or the inability to access or use Balsamiq Services or Balsamiq Materials;
- the statements or actions of any third party on or via the Services or Materials;
- any dealings with vendors or other third parties;
- any unauthorized access to or alteration of your transmissions, user materials or other data;
- any information that is sent or received or not sent or received;
- any failure to store or loss of data, files, materials or other content;
- any Services available that are delayed or interrupted;
- any web site referenced or linked to from the Services; or
- your access to or use of or inability to access or use any linked site.
Some jurisdictions prohibit the exclusion or limitation of liability for consequential or incidental damages. Accordingly, the limitations and exclusions set forth above may not apply to you.
Balsamiq Services can be accessed from countries around the world and may contain references to Balsamiq products, Services and programs that are not available in your country. These references do not imply that Balsamiq intends to announce such products, Services or programs in your country. The Services are controlled, operated and administered by Balsamiq and its affiliates from their offices within the United States of America and Italy. Balsamiq makes no representation that the Balsamiq Services and Balsamiq Materials are appropriate or available for use at other locations outside the United States, and access to the Services from territories where the Services or Materials are illegal is prohibited. If you access the Services from a location outside the United States, you are responsible for compliance with all local laws.
The export and re-export of Balsamiq Software are controlled by the United States Export Administration Regulations, and such Software may not be exported or re-exported to Cuba, Iran, Libya, North Korea, Sudan, Syria, or any country to which the United States embargoes goods. In addition, the Software may not be distributed to persons on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
By accessing Software, you are certifying that you are not a national of Cuba, Iran, Libya, North Korea, Sudan, Syria or any country to which the United States embargoes goods, and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.
All Balsamiq Software, products and publications are commercial in nature. The Software and documentation available on the Services are “Commercial Items,” as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation,” as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are licensed to U.S. Government end users (A) only as Commercial Items and (B) with only those rights as are granted to all other users pursuant to the Terms of Service and the applicable license agreement.
Governing Law and Jurisdiction
Balsamiq Services (excluding linked sites) is controlled by Balsamiq from its offices within the state of California, United States of America. By accessing Balsamiq Services, you agree that all matters relating to your access to, or use of, Balsamiq Services shall be governed by the statutes and laws of the State of California, without regard to the conflicts of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Superior Court of San Francisco County and the United States District Court for the Northern District of California with respect to such matters.
The Terms of Service and other rules, guidelines, licenses and disclaimers posted via Balsamiq Services or in connection with the Materials and Services constitute the entire agreement between Balsamiq and you with respect to your access to or use of Balsamiq Services and Materials superseding any prior agreements between you and Balsamiq on such subject matter (including any prior versions of the Terms of Service). Notwithstanding the foregoing, to the extent that any terms set forth in the Terms of Service expressly contradict any terms of a written agreement between you and Balsamiq regarding the use of specific Services or Materials (including Service-specific Terms of Service and Software-specific licenses) (“Executed Agreement”), such contradictory terms set forth in the Executed Agreement shall govern. You may also be subject to additional terms and conditions that may apply when you use other Balsamiq Services, third party content or third party software. If for any reason a court of competent jurisdiction finds any provision of the Terms of Service, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Service shall continue in full force and effect. Any failure by Balsamiq to enforce or exercise any provision of the Terms of Service or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Service are purely for convenience and carry with them no legal or contractual effect.
- 31 May 2018: Added Wireframestogo.com and UXApprentice.com.
- Previous versions (before the merge): Balsamiq Cloud, Google Drive and Atlassian Cloud Apps, myBalsamiq, balsamiq.com websites.
A note to other startups: working on a great new startup but don’t know where to start when it comes to ToS documents? Go ahead and copy/paste this document, search and replace and make it yours! :) Two things though: a) make sure to have it looked over by your lawyer - you do have a lawyer right? ;) - and b) we’d appreciate a backlink, even in small gray-on-white font at the very bottom. You’ll get good karma points, which is just what new startups needs the most. :) Good luck!