Terms and Conditions

Effective Date: July 11, 2025

IMPORTANT: Balsam is not a healthcare provider, does not provide licensed therapy, counseling, diagnosis, or treatment. No medical or clinical relationship is created. Balsam is not a substitute for professional care. Nothing stated, posted, or made available through Balsam is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care.

1. Introduction and Acceptance of Terms

Welcome to Balsam! These Terms of Use ("Terms") are a legal agreement between you and Balsam ("Balsam," "we," or "us"). By downloading, installing, or using the Balsam App (mobile) or Balsam Platform (web-based version), you agree to follow these Terms. IF YOU DO NOT AGREE, PLEASE DO NOT USE BALSAM.

Balsam is an AI-powered conversational platform designed to provide support and information. Balsam is not a medical or therapy service, and is not a substitute for professional care.

You must be at least 18 years old to use Balsam. If you are under 18, please do not use the Balsam App or the Balsam Platform.

“Inputs” means the words, messages, or content you write or upload to the Balsam App or Balsam Platform.

“Outputs” means the responses, messages, or content generated by Balsam’s AI systems in response to your Inputs.

2. Service Description and Limitations

Balsam provides an AI-powered conversational support tool through the Balsam App and Balsam Platform. Balsam is designed to offer general support, information, and self-reflection tools. Balsam is not a medical device, is not a licensed therapist or healthcare provider, and does not provide therapy, counseling, diagnosis, or treatment of any kind.

The Balsam App and Balsam Platform are not a substitute for professional therapy, counseling, or medical advice. If you are experiencing a crisis or need mental health support, please contact a licensed professional or emergency services.

Balsam’s services are powered by artificial intelligence. The Outputs you receive may not always be accurate, complete, or appropriate for your situation. Balsam is not regulated under HIPAA and should not be used to share protected health information (PHI) or other sensitive medical data.

These Terms govern your use of Balsam. If you are using Balsam through an organization (like a school or employer), your organization’s agreement with Balsam may also apply to your use of the Balsam App and Balsam Platform.

3. User Eligibility and Account Creation

To use the Balsam App or Balsam Platform, you must be at least 18 years old and legally able to enter into a contract. By creating an account or using Balsam, you confirm that you meet these requirements. By using Balsam, you acknowledge:

Balsam is not a healthcare provider, licensed therapist, or counselor.
No provider-patient relationship is created.
Balsam is not a substitute for professional care.
All decisions about diagnosis, treatment, or care rest with you and your provider.

You may be asked to create an account by providing your name, email address, and a password. If you are accessing Balsam through your school, employer, or another organization, you may be invited to join using a special access code or your organization-provided email address.

You are responsible for keeping your account information accurate and your password secure. You must not share your account with anyone else or allow anyone else to use your account.

By creating an account or using Balsam, you agree to these Terms and our Privacy Policy.

4. Acceptable Use Policy

When you use the Balsam App or Balsam Platform, you agree to the following Acceptable Use Policy (AUP):

Use Balsam only for your own personal, non-commercial purposes.
Keep your account information accurate and your password secure. You are responsible for all activity on your account.
Do not share your account with anyone else or allow anyone else to use your account.
Do not use Balsam for any unlawful, harmful, or fraudulent purpose.
Do not use Balsam to share, upload, or transmit any content that is defamatory, obscene, abusive, invasive of privacy, or otherwise objectionable.
Do not attempt to reverse engineer, copy, or misuse Balsam’s technology or AI systems.
Do not use Balsam to share or transmit any protected health information (PHI), regulated health data, or other sensitive medical information.
You agree to comply with Balsam’s Privacy Policy, which is incorporated by reference into these Terms.
Do not use Balsam in any way that violates these Terms, our Privacy Policy, or any applicable law or regulation.
If you are accessing Balsam through your organization (like a school or employer), follow any additional rules or onboarding instructions provided by your organization.
You agree not to use Balsam to discuss, seek advice for, or disclose (“Prohibited Topics”):

Obsession with another person that intensifies over time
Isolation, stalking, or threats disguised as concern or love
Emotional dysregulation or growing detachment from reality
Suicidal rumination, ideation, plans, or acts
Psychosis and/or extreme paranoia
Self-neglect to an extent that bodily harm could occur
Cumulative or escalating behaviors that together indicate danger

If you use Balsam to discuss any of the above, Balsam may immediately suspend or terminate your access and direct you to seek help from a licensed therapist, doctor, or emergency services. Balsam is not able to provide support for these situations and is not the appropriate service for these needs.

You are responsible for your own actions and the content you share while using Balsam. You are responsible for all Inputs you submit and for any Outputs you choose to use or rely on. If you violate these Terms, Balsam may suspend or terminate your access to the Balsam App and Balsam Platform. Balsam may suspend or terminate accounts for violations of Acceptable Use or if required by law, and may remove content that violates policies or indicates the need for professional care.

5. Data Ownership and Privacy

When you use the Balsam App or Balsam Platform, you own the content and information you submit (“Inputs”), such as your messages, questions, and preferences. Balsam’s AI generates responses (“Outputs”) based on your Inputs. By using Balsam, you give us permission to use, process, and analyze your Inputs and Outputs to provide, maintain, and improve Balsam’s services, including for AI training, analytics, and product development.

Balsam may create anonymized and aggregated data from your Inputs and Outputs for research, analytics, and to improve Balsam’s AI systems. This data will not identify you personally.

If you use Balsam through an organization (like a school or employer), that organization may provide Balsam with certain information about you (such as your name or email address) to help set up your account. This information (“Customer Data”) is managed by your organization and is subject to our Data Processing Addendum.

Your privacy is important to us. Please review our Privacy Policy to learn how we collect, use, and protect your information, and how you can exercise your privacy rights. Balsam may disclose personal information as required to comply with applicable law, regulation, legal process, subpoena, or governmental request.

6. Intellectual Property and Outputs

Balsam owns all rights in the Balsam App, Balsam Platform, and everything that makes Balsam work, including the technology, software, and design.

You own the words, messages, and content (“Inputs”) you write or upload to Balsam, as long as you have the right to share them. Balsam’s AI generates responses (“Outputs”) based on your Inputs. By using Balsam, you give us permission to use, store, and analyze your Inputs and Outputs to provide and improve Balsam’s services, including for AI training and analytics. You promise that you have the right to upload or share anything you submit to Balsam. If your content belongs to someone else, or you don’t have permission to share it, please don’t upload it.

You can view, copy, or download the Outputs Balsam generates for you through the Balsam App or Balsam Platform. If you want to export or delete your Outputs, you can use the in-app tools or contact us at support@balsamapp.com.

Balsam may use anonymized and aggregated Outputs (that cannot identify you) to improve Balsam’s AI models, develop new features, conduct analytics, and for research and product development.

You may use, download, or save Outputs for your own personal, non-commercial use. You may not sell, publish, or use Outputs for commercial purposes without Balsam’s written permission. If you believe an Output contains an error or inappropriate content, please let us know at support@balsamapp.com.

7. AI Services Disclaimer (Hallucinations, Inaccuracy)

Balsam is not a healthcare provider, does not provide licensed therapy, counseling, diagnosis, or treatment. No medical or clinical relationship is created. Balsam is not a substitute for professional care. Nothing stated, posted, or made available through Balsam is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care. Balsam is powered by artificial intelligence (AI). This means that the Balsam App and Balsam Platform use computer programs to generate responses to your questions and messages.

Balsam’s responses are generated by artificial intelligence and may be inaccurate, incomplete, or inappropriate for your situation ("hallucinations"). Do not rely on Balsam for factual assertions without independent verification. Do not rely on Balsam for important decisions, emergencies, or anything related to your health, safety, or well-being. Balsam is not a substitute for professional advice, therapy, or medical care.

You are responsible for deciding what to do with the Outputs Balsam provides. If you have a serious concern or are in crisis, please contact a licensed professional or emergency services.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BALSAM PROVIDES THE BALSAM APP AND BALSAM PLATFORM “AS IS” AND “AS AVAILABLE.” BALSAM AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AVAILABILITY, SECURITY, ACCURACY, OR RELIABILITY. WE DO NOT WARRANT THAT THE BALSAM APP OR BALSAM PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT DEFECTS WILL BE CORRECTED.

BALSAM DOES NOT PROVIDE ANY MEDICAL, MENTAL HEALTH, OR LICENSED THERAPEUTIC ADVICE, RECOMMENDATIONS, OR DIAGNOSES. NOTHING STATED, POSTED, OR MADE AVAILABLE THROUGH THE BALSAM APP OR BALSAM PLATFORM IS INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICINE OR THE PROVISION OF MEDICAL CARE.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL BALSAM OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR CONTRACTORS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, PUNITIVE, INCIDENTAL, OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, PERSONAL INJURY, PROPERTY DAMAGE, OR UNAUTHORIZED DISCLOSURE OF YOUR DATA, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE BALSAM APP OR BALSAM PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL BALSAM’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THESE TERMS OR YOUR USE OF THE BALSAM APP OR BALSAM PLATFORM EXCEED ONE HUNDRED U.S. DOLLARS (USD $100).

YOU ARE SOLELY RESPONSIBLE FOR YOUR ACTIONS, DECISIONS, AND RELIANCE ON ANY OUTPUTS OR INFORMATION PROVIDED BY BALSAM. IF YOU ARE UNSURE WHAT TO DO IN ANY SITUATION, YOU SHOULD SEEK ADVICE FROM A QUALIFIED PROFESSIONAL OR LICENSED PROVIDER.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you in their entirety.

9. Indemnification

You agree to indemnify, defend, and hold harmless Balsam, its affiliates, officers, employees, agents, and contractors from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) (“Claims”) arising out of or relating to:

Your use of the Balsam App or Balsam Platform;
Any Inputs, Outputs, or content you submit, share, or generate through Balsam, including claims related to the accuracy, legality, or rights to such content;
Your violation of these Terms, our Privacy Policy, or any applicable law or regulation;
Your violation of any rights of any third party, including intellectual property, privacy, or publicity rights;
Any gross negligence, willful misconduct, or fraud by you.

This indemnification does not apply to Claims resulting solely from Balsam’s own gross negligence or willful misconduct.

10. Termination and Suspension

Balsam may suspend or terminate your access to the Balsam App or Balsam Platform at any time if:

You discuss or seek support for any of the Prohibited Topics listed in Section 4 above.
Balsam determines, in its sole judgment, that your use of the service indicates you may require care from a licensed therapist, doctor, or emergency services.
You violate these Terms, use Balsam in a way that could harm yourself, others, or the service, or if your account is used for fraud or illegal activity.

If your access is suspended or terminated, you may lose access to your account and any Inputs or Outputs you have shared with Balsam. Balsam is not responsible for any loss of Inputs, Outputs, or other information resulting from suspension or termination.

If your account is terminated for Acceptable Use violations or legal reasons, Balsam may retain certain information as required by law or for legitimate business purposes.

You can stop using Balsam at any time by deleting your account or removing the Balsam App from your device. If you want to delete your account, your Inputs, or Outputs, or have questions about your data, please contact us at support@balsamapp.com.

11. Dispute Resolution and Governing Law

If you have a concern or dispute with Balsam, we encourage you to contact us first at support@balsamapp.com so we can try to resolve the issue informally.

If we can’t resolve the issue together, any dispute or claim relating to these Terms or your use of the Balsam App or Balsam Platform will be settled by binding arbitration, not in court. The arbitration will be handled by JAMS under its rules and will take place in Los Angeles, California, unless we both agree to a different location.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict of law rules. If a court decides that any part of this section is not enforceable, the rest will still apply.

12. Changes to These Terms

We may update these Terms from time to time. If we make changes, we will post the updated Terms on the Balsam App and Balsam Platform, and may also notify you by email or in-app message if you have an account.

If the changes are important, we will try to give you advance notice. By continuing to use the Balsam App or Balsam Platform after the new Terms are posted, you agree to the updated Terms. If you do not agree to the new Terms, you should stop using Balsam and delete your account.

13. Notices and Communications

If you have questions or need help, you can contact Balsam at support@balsamapp.com. We may send you important updates or information about Balsam by email, in-app messages, or through the Balsam Platform. Please make sure your contact information is accurate and up to date so you don’t miss any important communications.

If you need to contact us about your account, privacy, or these Terms, please email support@balsamapp.com.

14. Miscellaneous

Assignment: You may not transfer or assign your rights or obligations under these Terms to anyone else without Balsam’s written permission. Balsam may transfer its rights or obligations to another company if needed for a business reason (like a merger or sale).
Severability: If any part of these Terms is found to be invalid or unenforceable, the rest of the Terms will still apply.
No Waiver: If Balsam does not enforce a part of these Terms, it does not mean Balsam gives up the right to enforce it later.
Survival: Any part of these Terms that, by their nature, should continue after your use of Balsam ends will continue to apply.
No Third-Party Beneficiaries: These Terms are just between you and Balsam. No one else has any rights under these Terms.

For clarity, Balsam is not a healthcare provider, does not provide licensed therapy, counseling, diagnosis, or treatment. No medical or clinical relationship is created. Balsam is not a substitute for professional care. Nothing stated, posted, or made available through Balsam is intended to be, and must not be taken to be, the practice of medicine or the provision of medical care.