Terms of Service
Last updated on March 17, 2026. Document History
On this page
- 1. Definitions
- 2. Your responsibilities and account
- 3. The Service
- 4. Data & privacy
- 5. AI features
- 6. Plans, billing, and payments
- 7. Intellectual property
- 8. Acceptable use
- 9. Termination
- 10. Disclaimers, warranties, and limitations of liability
- 11. Indemnification
- 12. Dispute resolution
- 13. Changes to these Terms
- 14. General provisions
- 15. Contact us
- Document history
These Terms of Service (“Terms”) are a legal agreement between you — either as an individual or on behalf of the organization you represent (“you”) — and Balsamiq Studios, LLC (“Balsamiq,” “we,” “us,” or “our”). We’ve written them in plain language because we believe you deserve to understand what you’re agreeing to.
The Terms govern your access to and use of Balsamiq products, plugins, and websites (defined collectively as “Services” below). They are effective immediately unless stated otherwise.
By accessing or using any of the Services in any way (visiting our site, creating an account, or being invited into someone else’s account), you agree to be bound by these Terms.
If you are accessing or using the Services on behalf of an entity (such as your employer), then you agree to these Terms on behalf of yourself and that entity, you represent that you are authorized to accept these Terms on behalf of that entity, and all references to “you” and “your” reference that entity.
If you do not agree with these Terms or you do not have the authority to bind such entity to these Terms, you (and the entity) are not authorized to access or use the Services.
Separate terms for Balsamiq for Desktop, Balsamiq for Confluence Data Center, and Balsamiq for Jira Data Center can be found in the End User License Agreement.
1. Definitions
When we use certain words in these Terms, here’s what we mean:
- "Service" or "Services" means Balsamiq Cloud, Balsamiq for Confluence Cloud, Balsamiq for Jira Cloud, the balsamiq.com website, and official integrations (Trello Power-Up, Slack integration, MCP server), plus any related tools, features, websites, APIs, and documentation.
- "Customer Data" means all wireframes, mockups, prototypes, designs, comments, and other content you create, upload, or store in the Services. This includes AI inputs (like prompts) and outputs (like wireframes). You own this.
- "Account Data" means information we collect to run your account, things like name, email, billing details, payment method, and usage data. For this type of data, we are the data controller.
- "Usage Data" means information relating to the access, use, and performance of the Services, like technical logs. This is considered Account Data, not Customer Data.
- “Derived Data" means anonymized, aggregated metadata generated by Balsamiq's systems from your use of AI features, including usage patterns, performance metrics, and model interaction logs. Derived Data does not include the content of your prompts or outputs, and cannot be used to identify you or reconstruct your Customer Data. Balsamiq owns all Derived Data.
- “Correspondence” means support requests (email or chat) and any feedback, suggestions, or ideas you share with us. We retain this data per our retention schedules to ensure continuity of support and service. You can request deletion at any time.
- "Balsamiq Materials" means all software, code, documentation, design, graphics, features, and functionality that make up the Service. We own these.
- "Plan" means the subscription tier you have chosen and the billing cycle associated with it.
- "Add-On" means an optional feature or package purchased on top of your Plan (e.g., AI top-up credits).
- "Data Controller" means the entity that decides what data is processed and why.
- "Data Processor" means the entity that processes data on behalf of a controller, following their instructions.
Our Services also include a variety of user roles and permissions. For these Terms, we’ll use the following definitions:
- "Space" means a workspace within Balsamiq Cloud, or a Balsamiq integration within your Atlassian environment, containing projects, Customer Data, and associated settings and permissions. For Balsamiq Cloud Spaces, billing configuration is also managed at the Space level. For Atlassian integrations, billing is governed by your agreement with Atlassian.
- "Space Owner" means an individual with administrative control over a Space, including the ability to manage, restrict, or delete access. Spaces may have one or more Space Owners.
- "Billing Admin" means an individual authorized to manage subscriptions and payments. A Space Owner may also be a Billing Admin. This role does not apply to Atlassian integrations, where billing is managed through Atlassian.
- "Owner" means Space Owners and Billing Admins, collectively.
- “Authorized User” means an individual permitted by an Owner to access the Services. Authorized Users may create, view, edit, share, export, or comment on Customer Data as permitted by the Owner.
- “User” means any paying or non-paying individual accessing any Service.
- "Customer" means any individual or organization paying for, trialing, or using a free version of the Services.
2. Your responsibilities and account
TL;DR: You’re responsible for your account. Keep your password safe, be honest during signup, and let us know if something suspicious happens.
2.1 Registration
Some Balsamiq services require you to set up an account for access. When you create an account, you must provide accurate and current information, keep your password confidential, and accept responsibility for all activity under your account. If you are an Owner, you are also responsible for managing your Authorized Users.
Notify us immediately at support@balsamiq.com if you suspect unauthorized access.
2.2 Age requirements
You may only use the Services if you are of legal age to enter into these Terms according to the applicable laws and regulations in your jurisdiction.
Additionally, you must be at least 16 years old to use Balsamiq, regardless of local age of consent or digital consent laws. We do not knowingly collect personal data from anyone under 16. If we learn that a user is under 16, we will close their account and delete their data.
2.3 Account security
You agree to keep your login credentials secure, not share your account with anyone other than Authorized Users, and not use someone else's account without permission.
We use industry-standard security practices, but no system is 100% secure. We will notify you of security incidents affecting your data as required by law.
You can learn more about our security practices in the Balsamiq Trust Center.
2.4 System requirements
The Services require a compatible device, operating system, and internet connection to function. You are responsible for ensuring your systems meet the minimum requirements, as published in our system requirements documentation.
2.5 Additional responsibilities for Owners
If you are an Owner, you are responsible for all activity in your Space. This includes but is not limited to inviting Authorized Users, the actions of your Authorized Users, and any failure by your Authorized Users to comply with these Terms. We are not responsible for any loss, corruption, or unauthorized disclosure of your data caused by an Authorized User you invited.
You can manage Authorized User roles and permissions within Balsamiq. We recommend reviewing your team's roles and permissions regularly to make sure the right people have the right access.
Owners are also responsible for all payments and fees associated with their Space, including any bank fees, interest charges, finance charges, overdraft charges, and any other fees incurred as a result of charges billed by Balsamiq.
3. The Service
TL;DR: We host, maintain, and keep the Services running. Features, access, and pricing may change.
3.1 What we provide
The Services are provided "as is" and "as available." We may modify features, pricing, and functionality at any time, and provide notice as detailed in these Terms. Continued use of any Service after a change means you accept it.
Beyond services, customer support is available through our Help Center, support chatbot (accessed through some Services), or at support@balsamiq.com.
While we try to answer everyone quickly, we only guarantee support for Owners and response times may vary. Owners are responsible for first-level support to their Authorized Users.
3.2 Availability and uptime
We aim for high availability: we monitor services 24/7, have automated alerts, maintain a public status page, and follow documented incident response procedures.
If you have an Enterprise plan, your Enterprise SLA (Service Level Agreement) sets specific uptime commitments.
However, we do not guarantee 100% uptime on any Plan and are not liable for any failure to store your materials on Balsamiq Services at any time. The internet and technology have occasional hiccups: servers need updates, networks have latency, and unexpected things happen.
3.3 Service modifications
We may add new features or tools, change how features work, remove features (especially if they’re not being used or causing problems), adjust pricing for new Plans (existing Plans keep their price until renewal), or retire legacy products or versions.
We’ll try to give you notice of material changes that may impact you. This notice may come in the form of emails, in-product notifications, updates on this website, or other best effort attempts. Continued use of the Service after changes means you accept them.
3.4 Beta features
Features and products labeled “alpha,” "beta," "preview," "early access," or "experimental" are provided without warranty, may behave unexpectedly, and may be changed or discontinued without notice. Do not use beta features for production-critical work or irreplaceable data. Use is entirely optional and at your own risk.
3.5 Third-party services and links
We use third-party services (like payment processors, hosting providers, AI providers) and may link to third-party websites. You may also use Balsamiq Services accessed through marketplaces (like the Atlassian Marketplace) or plugins (like the Slack integration or Trello Power-Up).
These third-party services and websites may have their own terms and policies. Using Balsamiq means you agree to data flowing to our vendors as described in our DPA and Privacy Policy.
We are not liable for unavailability caused by third-party provider outages, policy changes, or capacity limits. Where feasible, we will notify affected users and seek alternatives.
4. Data & privacy
TL;DR: You own your designs. We store and process them only to provide the Service. We never sell your data or use it to train AI models.
4.1 You own your content
You own all Customer Data you create, upload, or store in Balsamiq Services. We don’t own it. We won’t sell, rent, or publicly share your Customer Data. We process it only to provide you the Service.
Balsamiq allows for data portability. You may export your Customer Data as long as your account is current, using in-product tools (PNG, PDF, and other formats).
4.2 We may collect account and usage data
We collect Account Data (like name, email, billing details, usage logs, session recordings), Correspondence (like support chats and feedback) and Derived Data (usage metadata generated from your AI use) to provide and improve the Services, process payments, send updates, comply with law, and prevent fraud.
We collect information about your use of Balsamiq Services to provide support, investigate reported issues, monitor safety, and improve the product. Some methods, such as session recordings, may incidentally capture visual content from your projects. We mask sensitive inputs and restrict access to authorized staff who need it.
Authorized Balsamiq staff may also access your projects and Customer Data for these same purposes. We limit this access to what is necessary.
Upon request, we will provide access to your data where required by applicable law.
4.3 Data protection and retention
Balsamiq implements and maintains technical, physical, and administrative security measures designed to protect your data from unauthorized access, use, or disclosure, as well as to comply with applicable law.
Our Services run on third-party infrastructure providers, including Amazon Web Services. These providers operate under their own terms and may have rights to use aggregated or anonymized data derived from service operations. By using the Services, you acknowledge this.
Our Privacy Policy and Data Processing Agreement cover Balsamiq data policies in more detail (including data retention and deletion), apply to all users, and are incorporated by reference into these Terms.
If you need a signed DPA for enterprise purposes, please contact us at support@balsamiq.com.
4.4 Sensitive data
While we maintain high security standards, our Services are not designed, certified, or intended to store or process sensitive personal data, including protected health information under HIPAA, financial account numbers, government-issued identifiers, or biometric data. Do not upload or store such data in the Services.
If you are designing interfaces that display or handle such data, use placeholder or anonymized content only. We disclaim all liability arising from your choice to submit sensitive data to the Services.
5. AI features
TL;DR: AI features are optional. Your content is not used to train AI models. AI output may be imperfect, and you should always review it before use.
5.1 How our AI features work
Balsamiq offers optional AI features (like design suggestions, content generation, and design critique) powered by third-party artificial intelligence ("AI") providers. Our current AI providers are listed on our subprocessor list.
You initiate every AI request. We never send your data to AI providers automatically. When you initiate a request, we send only what is needed for that specific feature. That data may be processed by large language models and other machine learning models.
When you use AI features, we may collect Derived Data. Your inputs and outputs are Customer Data, retained in accordance with our data retention schedule. See our Privacy Policy for details.
Authorized Balsamiq staff may review AI inputs and outputs for safety and quality evaluation. Access is restricted to select staff and is never used to train any models.
5.2 How our AI providers use your data
Our AI providers' use of your data is governed by their own terms and commitments, which we evaluate before selecting providers. Providers may retain data briefly for safety or applicable legal purposes only.
Our current AI providers have committed not to use your Customer Data to train their models.
5.3 Accuracy and responsibility
Your prompts and AI-generated outputs are your Customer Data. AI output is not guaranteed to be accurate, complete, original, or appropriate for any particular purpose. The same prompt may produce different results each time. And because AI models are trained on vast datasets, outputs may occasionally resemble existing work.
You are responsible for reviewing all AI output, confirming it suits your needs, and ensuring it complies with applicable law, including intellectual property rights, before commercial use. We are not liable for errors, omissions, or legal issues arising from your use of AI-generated content.
Where required by applicable law, we will clearly indicate when a feature is AI-powered.
5.4 AI credits
AI credits are non-transferable, subject to expiration, and do not carry over on plan cancellation or downgrade unless stated otherwise at purchase. See Section 6.3 for Add-On terms.
5.5 Opting out of AI features
AI features are opt-in per interaction. If you don't want your data sent to AI providers, don't use Balsamiq AI features.
6. Plans, billing, and payments
TL;DR: We offer different plans with different features and pricing for our subscription Services. You can also purchase add-ons like AI credit packs. Payments are processed securely through Stripe or Atlassian Marketplace.
6.1 Plans and pricing
Some Services require payment for continued access —Owners are responsible for keeping their payment method updated.
Pricing for Balsamiq Cloud is available on our website and for Owners, in your account billing section. Subscription plans are tied to Spaces, not individual user accounts.
Pricing for Atlassian integrations is available on Balsamiq’s official Atlassian Marketplace page.
Additional taxes may apply depending on the laws applicable to you, your company, your location, or the nature of the transaction.
For subscription Plans, billing automatically renews. Owners are responsible for all payments and fees associated with their Space, and can upgrade, downgrade, or change Plans at any time. Plan changes take effect immediately.
If you upgrade, you will be charged the prorated difference immediately.
If you downgrade, you’ll only be able to do so if you satisfy that Plan’s requirements first — for example, your current plan has 400 projects and you want to downgrade to a plan that has 100, you’ll need to edit down to 100 projects before downgrading. You will be credited the prorated difference, which will automatically apply toward your next billing period. AI credit usage is an exception, as you cannot un-use consumed credits.
We may change pricing, features, or plans at any time. For price increases affecting your current Plan, we will provide at least 60 days advance notice through the Services or by email to the Owner. If you do not agree, you may cancel before the change takes effect. Continuing to use the Services after the notice period means you agree to and accept the change.
6.2 Add-ons and credits
We may offer optional Add-Ons, such as Balsamiq AI credit top-ups or other usage-based features, that you can purchase in addition to your Plan.
Add-Ons may have their own pricing, usage limits, roll-over terms, and expiration terms, which are displayed at the time of purchase and explained in our Help Center.
6.3 Free trials, discounts, and promotions
We may offer or extend free trials for our subscription Services at our discretion. No credit card is required to start a trial. At the end of your trial, you'll need to select a paid Plan to continue. If you don't, access stops as described in Section 9 (Termination).
We may also offer promotional pricing, offers, or discounts. Promotional pricing applies only for the stated period; your Plan reverts to standard pricing at renewal unless otherwise specified.
Promotional credits or bonuses (such as bonus AI credits for switching to an annual plan) have no cash value, are non-transferable, and expire as stated at the time of the offer. Promotional merchandise (we call it "swag") is provided as an optional gift at our discretion and is not eligible for exchange, return, or cash redemption.
6.4 Billing cycles
Owners can choose to be billed monthly or annually. You are responsible for keeping your payment information up to date. If a payment fails, our payment processor may try again. If it keeps failing, we may suspend your account.
6.5 Payments
Balsamiq does not store your payment information.
All payments for Balsamiq Cloud are processed securely through Stripe, a PCI-compliant payment processor.
All payments for Balsamiq for Confluence Cloud and Balsamiq for Jira Cloud are made through Atlassian Marketplace and any of its third-party payment processors.
6.6 Refunds
If you're not happy, we want to make it right. Refunds are granted at our discretion, with refund requests evaluated based on time since purchase, usage, reason, and prior refund history. Requests are most favorably reviewed within 30 days of the charge. Consumed AI credits and used Add-Ons are generally non-refundable. Email support@balsamiq.com to request a refund.
For Atlassian Marketplace purchases, refunds are governed by Atlassian Marketplace terms.
6.7 Taxes
You’re responsible for any taxes (sales tax, VAT, GST, etc.) on your Plan or Add-Ons, unless you provide a valid tax-exempt certificate.
6.8 Auto-renewal and cancellation
Plans and recurring Add-Ons auto-renew at the end of each billing cycle at the then-current price unless cancelled. Owners may cancel in account settings at any time; cancellation takes effect at the end of the current term. An email request to cancel is not sufficient; cancellation must be completed in the product.
One time purchase Add-Ons do not automatically renew.
For Atlassian Marketplace purchases, cancellation is managed through your Atlassian account.
6.9 Enterprise plans and SLAs
If you have an Enterprise plan, your Plan includes a Service Level Agreement (SLA) that specifies uptime commitments, support response times, and other guarantees.
6.10 Third-party resellers
If you purchase through a reseller, your billing relationship is with them, not Balsamiq. Their terms govern pricing and refunds, but your use of the Services is still governed by these Terms. You are responsible for setting up your own Balsamiq account and for ensuring your Authorized Users comply with these Terms.
This does not apply to Atlassian Marketplace purchases (Section 6.5).
7. Intellectual property
TL;DR: We own the Balsamiq software, design, and features. You own your Customer Data.
7.1 Balsamiq’s intellectual property
All Balsamiq Materials (software, code, design, graphics, logos, and features) are owned by Balsamiq Studios, LLC and its affiliates or licensors, protected by copyright, trademark, and other applicable laws.
The Balsamiq name and logo are trademarks of GJMG Holdings S.r.l., licensed to Balsamiq. Do not use them without prior written consent.
We grant you a limited, non-exclusive, non-transferable license to use Balsamiq Materials solely to use the Services per these Terms. You may not reverse engineer, decompile, adapt, resell, or remove proprietary notices from the Services.
7.2 You own your content
You own all Customer Data you create. By storing Customer Data in Balsamiq, you grant us and our affiliates a limited license to store, back up, display, and technically process it to provide the Service. Owners are responsible for determining and communicating IP ownership policies within their Space.
7.3 Feedback
Any feedback, suggestions, or ideas you share with us may be used by Balsamiq freely and without compensation. Once you share it, we don’t have to ask for your permission again.
7.4 Copyright infringement
We respect intellectual property rights and will terminate accounts of repeat infringers. To report infringement under the DMCA (17 U.S.C. § 512(c)(2)), send a written notice to support@balsamiq.com including: (a) the copyright owner's signature; (b) identification of the infringed work; (c) location of the infringing content; (d) your contact details; (e) a good-faith belief statement; and (f) a statement of accuracy under penalty of perjury.
8. Acceptable use
TL;DR: Use Balsamiq to create wireframes, prototypes, and designs. Use the resources linked and listed on our website to learn. Don’t use any of it to break the law, harm people, spread malware, interfere with the service, or do anything abusive.
8.1 You agree to play nice
By using the Services, you agree to the following standards:
Legal compliance
- Do not violate any applicable law or regulation, including but not limited to laws related to privacy, identity rights, intellectual property, export controls, and children's safety.
- Do not impersonate another person or entity.
- Do not create multiple accounts to bypass limits or trials.
Content standards
- Do not create, upload, share, or design interfaces intended to facilitate violence, hatred, exploitation, coercion, or discrimination against any individual or group.
- Do not create, upload, or share illegal, harassing, threatening, defamatory, or harmful content.
System integrity
- Do not upload malware or other harmful code to the Services.
- Do not hack or attempt unauthorized access to Balsamiq, including all Services and systems.
- Do not interfere with or disrupt the Services.
- Do not use automated tools (bots, scrapers, data mining, or similar methods) to scrape the Services without our written permission.
Intellectual property and commercial use
- Do not use the Services (including our interface, code, or outputs) to train or improve any machine learning or artificial intelligence models.
- Do not resell, promote, or redistribute Balsamiq access as your own service.
Prohibited use of Balsamiq AI features
The general standards above apply to all AI features. In addition:
- Do not generate content intended to deceive, defraud, harass, or manipulate any individual or group.
- Do not generate content you know to be false or defamatory.
- Do not extract system prompts, training data, or proprietary information from our AI systems.
- Do not conduct prompt injection attacks or circumvent AI safety measures.
We monitor for abuse and may suspend or terminate accounts that violate these rules.
8.2 High-risk activities
You may use Balsamiq to design for any industry, including regulated fields like aviation, healthcare, and government. However, Balsamiq is not operational infrastructure, is not responsible for the outcomes of your designs, and is not certified for fail-safe use.
You are solely responsible for independently validating any designs before implementing them in critical systems, and for ensuring that your use of the Service complies with your organization's own policies, security requirements, and applicable regulations.
8.3 Special treatment for spammers
Using Balsamiq to send spam or unauthorized bulk messages is a serious violation. In addition to account termination, we may restrict or block emails, and/or seek injunctive relief without bond. These remedies are in addition to any other rights available to us under applicable law.
9. Termination
TL;DR: You can cancel anytime. We can terminate your account if you break the rules or don’t pay. When you leave, we delete your data within 60 days.
9.1 You can cancel your subscription anytime
Owners can cancel your Plan at any time directly in the product:
Email requests to cancel a subscription are not sufficient to confirm cancellation. You can download your Customer Data prior to account cancellation.
9.2 What happens after cancellation
If you cancel, you retain access until the end of your current billing period. This includes cancelling a current Plan or not selecting a Plan when your free trial ends.
Customer Data is available for export for 30 days after Space closure. After that period, we will begin deleting your Space, typically completing the process within 60 days of Plan cancellation.
Your user account and associated Account Data remain intact after a Space closes. You can continue to use your account to access other Spaces or create new ones. If you want to delete your user account entirely, you can do so in your account settings.
When your account is deleted, we will delete or anonymize your Account Data in accordance with our data retention schedule, except where we are required by law to retain certain records (such as billing and financial data). Usage Data, such as logs and analytics, and Correspondence may be retained longer for security, compliance, and operational purposes.
Where required, we will isolate retained data and protect it from further processing. See our Privacy Policy for details on data retention and deletion.
9.3 We can terminate your account
We may suspend or terminate your account for: violating these Terms; non-payment; failure to select a plan after trial; illegal or harmful use; or legal obligation. We will give advance notice when practical, but may act immediately for abuse or legal reasons (“cause”).
If we terminate your account for cause, access to your account (including Customer Data) may end immediately.
Additionally, free accounts or paused subscriptions inactive for 12+ consecutive months may be closed after a notice period. We will let you know how much time you have to download your data.
9.4 Discontinuation of services
We reserve the right to discontinue any Services at any time. In this event, Balsamiq will announce an End-Of-Life date on the Balsamiq website. For subscription Services, the End-Of-Life date will be at least 12 months after the announcement date and we will make a good-faith effort to notify you.
We will honor all obligations until the End-of-Life date and offer prorated refunds for any prepaid subscription period that extends beyond it. Atlassian Marketplace refunds are subject to Atlassian's policies.
9.5 What survives termination
Intellectual Property (Section 7), Limitations of Liability (Section 10), Indemnification (Section 11), Dispute Resolution (Section 12), Confidentiality (Section 14.1), and the General Provisions continue to apply after your account ends, as well as sections related to applicable law.
10. Disclaimers, warranties, and limitations of liability
TL;DR: The Service is provided as-is. Usage is at your own risk.
10.1 No warranties
The Services are provided "as is" and "as available" without warranty of any kind — express, implied, or statutory. The use of our Services, Balsamiq Materials, or the downloading or other use of any materials is done at your own discretion and risk.
To the fullest extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title, and non-infringement.
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;
- That AI-generated output is original
- 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.
Factors outside our control may affect availability.
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.
Except as expressly stated in these Terms, we make no other warranties. Nothing we say — in writing, verbally, or through the Services — creates any warranty beyond what's explicitly stated in these Terms.
10.2 Limitation of liability
To the maximum extent permitted by law, Balsamiq (and its affiliates, officers, directors, employees, partners, and suppliers) won't be liable to you or any third party for any special, punitive, incidental, indirect, or consequential damages or losses of any kind — whether or not foreseeable, whether or not we've been advised of the possibility of such damages, and on any theory of liability, including breach of contract or warranty, negligence, or any other tortious action — arising out of or in connection with:
- Your access to, use of, or inability to access or use the Services;
- The statements or actions of any third party on or via the Services;
- Any dealings with third-party vendors or services (including outputs, errors, or omissions from AI-powered features);
- Any unauthorized access to or alteration of your account or your transmissions or data (like Customer Data and Account Data);
- Any information sent, received, or not sent or received;
- Any failure to store, or loss of, data, files, or other content;
- Any delay or interruption of the Services;
- Any website referenced or linked to from the Services;
- Any content created, uploaded, shared, or submitted by users or third parties through the Services; or
- Someone else accessing your account using your credentials, with or without your knowledge.
This includes but is not limited to the loss of profits, revenue, data, goodwill, or business opportunity.
In all cases, our total liability to you is capped at the fees you paid us in the 12 months before the claim arose. This applies to all claims: including contract, tort, negligence, strict liability, or any other legal theory.
10.3 Release of liability
When you release or settle a claim with us, that release or settlement covers all related claims — including ones you didn't know about at the time. This means you can't later come back with a new claim arising from the same situation.
To the extent permitted by applicable law, you waive any statutory protection against unknown claims, including California Civil Code §1542, or its equivalent under local law.
10.4 Jurisdiction limitations
Some jurisdictions do not allow exclusion of certain damages or implied warranties. Where this applies, our liability is limited to the fullest extent permitted by law and all other limitations remain in effect.
Nothing in these Terms affects any statutory rights you may have as a consumer under applicable law that cannot be excluded or limited by contract.
11. Indemnification
TL;DR: If you use Balsamiq to break the law or violate someone’s rights, and it causes us legal problems, you agree to cover our costs.
You agree to indemnify, defend, and hold harmless Balsamiq and its affiliates, officers, employees, suppliers, and agents from any third-party claim, loss, or expense (including reasonable attorneys' fees) arising from: (a) your Customer Data or other content submitted through the Service; (b) your use of the Services, including by Authorized Users; (c) your violation of these Terms or applicable law; (d) your infringement of any third party's intellectual property rights; or (e) your violation of any third party's rights.
These obligations do not apply to claims arising solely from our gross negligence or willful misconduct.
12. Dispute resolution
TL;DR: If we have a disagreement, let’s try to resolve it directly first. If that doesn’t work, we’ll use courts in California.
12.1 Initial attempt and time to resolve
Before taking legal action, both parties agree to provide written notice of the dispute and give the other a reasonable opportunity to resolve it informally. Contact us at support@balsamiq.com.
We agree to do the same at the email address or street address you provided.
To the fullest extent permitted by law, any claim must be brought within one year of when you knew or should have known of its basis, or be permanently barred. This limitation does not apply where a longer period is mandated by statute.
12.2 Governing law
These Terms are governed by the laws of the State of California without regard to conflict-of-law principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded.
If we ever end up in court, both you and we agree that the case will be handled in San Francisco County, California — either in California state court or federal court (United States District Court for the Northern District of California).
12.3 Class action waiver
All claims must be brought individually. Neither party may bring or participate in a class action, class arbitration, or consolidated proceeding against the other, to the fullest extent permitted by law.
12.4 Improperly filed claims
If you file a claim contrary to this section and fail to withdraw it after written notice, we may recover reasonable attorneys' fees and costs, to the fullest extent permitted by law.
13. Changes to these Terms
TL;DR: We may update the Terms over time. You can stop using the Services, or accept the updates with continued use.
We may update these Terms at any time by posting the revised version and updating the "Last updated" date. For big changes, we'll try to provide extra notification (like a banner on our website). You are encouraged to periodically review our legal agreements.
By continuing to use the Services after any update, you accept the revised Terms. If you don't agree, you can cancel your account and stop using the Services.
Your access and use of our Services is always subject to the most current version of this document.
14. General provisions
14.1 Confidentiality
We may share non-public information about the Services with you ("Confidential Information"). You agree to use it only for the purpose of using the Services, not disclose it to third parties other than employees or contractors who need it and are bound by equivalent obligations, and take reasonable steps to protect it.
These obligations do not apply to information that: (a) becomes publicly available through no fault of yours; (b) you independently developed; (c) a third party disclosed to you without restriction; or (d) you must disclose by law (with prompt written notice to us where possible).
14.2 Publicity rights and testimonials
Balsamiq may reference your organization as a customer in promotional materials.
If you are a paying customer, you grant us a non-exclusive, worldwide, royalty-free license to use your name, and logo if you are a business, to identify you as a customer in our marketing and promotional materials. You represent that you have the right to grant this license.
If you provide Balsamiq with a testimonial, quote, or case study, you grant us the right to use your name, company name, logo, and any other provided content (including designs) in our marketing materials. We will use commercially reasonable efforts to ensure accuracy but are not required to submit materials to you for advance approval.
You can opt out of either or both at any time by emailing support@balsamiq.com. We'll remove any reference within 30 days from materials within our reasonable control. We cannot guarantee removal from third-party platforms, cached content, or materials already in distribution.
14.3 International use, export control, and sanctions
Balsamiq Services may not be available everywhere. You are responsible for ensuring that your use of Balsamiq Services complies with the laws of your country or jurisdiction, including any local restrictions on access to software or online services.
Balsamiq Services are subject to export control and economic sanctions laws and regulations, including those administered by the U.S. Department of Commerce (Export Administration Regulations) and the U.S. Department of the Treasury (OFAC).
You represent and warrant that you are not located in, under the control of, or a national or resident of any country or territory subject to U.S. embargo, and that you are not on any U.S. government list of prohibited or restricted parties (including the OFAC Specially Designated Nationals and Blocked Persons List). You will not use the Service in violation of any applicable export control or sanctions laws.
Balsamiq may suspend or terminate your access if required by law or governmental authority to comply with export controls and sanctions.
14.4 Anti-corruption
Neither party has offered or accepted any improper bribe, kickback, or thing of value in connection with this agreement. Reasonable business gifts and entertainment are permitted.
14.5 Government use
All Balsamiq websites, products and publications are commercial in nature.
If you are a U.S. government entity or a U.S. public sector organization, the Services are “commercial items” as defined at 48 C.F.R. §2.101, consisting of “commercial computer software” and “commercial computer software documentation” as used in 48 C.F.R. §12.212 and 48 C.F.R. §227.7202.
For both U.S. and non-U.S. government entities and public sector organizations, your rights to use, modify, reproduce, release, perform, display, or disclose the Service are as set forth in these Terms.
We make no representation that the Services meet any specific government procurement or compliance requirements.
14.6 Severability
If any provision of these Terms is invalid or unenforceable, it will be modified to the minimum necessary to make it valid; if that is not possible, it will be removed. The rest of the Terms remain in full force and effect.
14.7 Waiver
Failure to enforce any provision is not a waiver of that provision or the right to enforce it later.
14.8 Entire agreement
These Terms, together with the Privacy Policy, DPA, and any applicable SLA, are the complete agreement between us regarding the Services and supersede all prior agreements or understandings on the same subject.
Section titles and paragraphs labeled “TL;DR” are for convenience only and have no legal effect.
14.9 Assignment
You may not assign these Terms without our prior written consent; any attempted assignment is void. We may assign, delegate, or transfer these Terms, in whole or in part, without restriction.
Continued use of the Services means you accept the change.
14.10 No partnership
These Terms do not create any agency, partnership, joint venture, or employment relationship between the parties.
14.11 Force majeure
We are not liable for delays or failures caused by circumstances beyond our reasonable control, including but not limited to natural disasters, war, pandemics, government actions, power outages, internet disruptions, or third-party provider unavailability (including AI providers). If we reasonably believe we are legally prohibited from providing the Services to you (e.g., due to sanctions or a government order), we may suspend or cancel your account without liability.
14.12 Notices
We may notify you by posting on our website, sending email, or physical mail. You can notify us by email or mail to the addresses below.
15. Contact us
Thank you for using Balsamiq. If you have questions about these Terms, please email us at support@balsamiq.com.
You can also write to us at:
Balsamiq Studios, LLC 901 H St Ste 120 #41 Sacramento, CA, 95814 USA
Document history
- 17 March 2026: Full rewrite. Key changes: consolidated service definitions, added AI features section with Derived Data and credit terms, added beta features section, updated billing and payments to reflect current pricing model and add-ons, added Enterprise Plan and SLA provisions, expanded acceptable use policy for AI features, updated publicity rights and testimonials, added government use provisions, added class action waiver, updated termination and data retention timelines, clarified third-party service responsibilities.
- 26 Jun 2025: Updated System Requirements.
- 31 Mar 2025: Added pricing and legacy plan phase-out description.
- 31 Jan 2025: Clarified export restrictions.
- 17 Dec 2024: Removed Balsamiq for Google Drive.
- 3 Jul 2024: Updated System Requirements.
- 22 Dec 2023: Updated System Requirements.
- 11 Jan 2023: Updated System Requirements.
- 30 Jun 2022: Updated System Requirements.
- 8 Feb 2022: Removed "Subdomain Squatting" subsection and updated System Requirements.
- 23 Jun 2021: Updated System Requirements. Officially removed support for IE11.
- 3 Feb 2021: Added Trello Power-Up.
- 23 Dec 2020: Updated System Requirements.
- 9 Dec 2020: Removed myBalsamiq following its shutdown.
- 23 Jun 2020: Updated System Requirements.
- 10 Sep 2019: Improved definition of User Materials and added two new sections: Payment, Cancellation and Deletion, and Publicity Rights.
- 25 May 2018: merged separate Terms of Use and Terms of Service documents (see below) into a single document.
- Previous versions (before the merge): Balsamiq Cloud, Google Drive and Atlassian Cloud Apps, 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!