Terms of Service

These Terms of Service ("Terms" or "Agreement") govern your access to and use of the BALKAN App service available at https://orgchart.balkan.app/ and any related features, software, APIs, and services made available through BALKAN App (collectively, the "Service").

In these Terms, "BALKAN App", "we", "us", and "our" refer to the provider and operator of the Service, as identified in our Legal Notice.

BY CREATING AN ACCOUNT, ACCESSING, OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICE.

The Service is intended solely for businesses, organizations, and persons acting in a professional or commercial capacity. The Service is not intended for personal, family, or household use by consumers.

If you create an account or use the Service on behalf of a company, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to this Agreement. In that case, references to "you" or "Customer" mean that entity and its authorized users. You are responsible for activity occurring through your account and for ensuring that your authorized users comply with this Agreement.

1. Term and Termination

1.1 This Agreement remains in effect for as long as you maintain an account or otherwise access or use the Service (the "Term").

1.2 You may stop using the Service and terminate your account at any time.

1.3 Because the Service is provided free of charge, BALKAN App may suspend, restrict, or terminate your access to all or any part of the Service, or discontinue the Service, upon reasonable notice where practicable.

1.4 BALKAN App may suspend or terminate your access immediately if: (a) you materially breach this Agreement; (b) your use of the Service creates or may create a security, legal, operational, or technical risk; (c) your use of the Service is unlawful, fraudulent, abusive, or may harm BALKAN App, the Service, another user, or a third party; (d) suspension or termination is required by Applicable Law or a competent authority; or (e) continued provision of the Service is no longer reasonably practicable.

1.5 BALKAN App may terminate accounts that have been inactive for a continuous period of one (1) year.

1.6 You are responsible for exporting or otherwise maintaining copies of any Data that you wish to retain before terminating your account. Following termination, BALKAN App may, where technically available, allow you to access or export your Data for up to thirty (30) days. BALKAN App does not guarantee that such post-termination access will be available.

1.7 After termination, BALKAN App may delete Data associated with your account, subject to Applicable Law, applicable data retention requirements, and any applicable Data Processing Agreement.

2. Modification of the Service or this Agreement

2.1 The Service is provided free of charge. BALKAN App may modify, update, add, restrict, suspend, or remove features or functionality of the Service, temporarily or permanently, at any time.

2.2 BALKAN App may modify or update this Agreement from time to time. If a modification is material, BALKAN App will provide reasonable notice where reasonably practicable or where required by Applicable Law.

2.3 Updated Terms will become effective on the effective date stated in the updated Agreement or notice. Your continued use of the Service after that date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Service.

2.4 To the maximum extent permitted by Applicable Law, your remedy if you are dissatisfied with a change to the Service or this Agreement is to discontinue your use of the Service and terminate your account.

3. Usage Rights; Restrictions; Support

3.1 During the Term, BALKAN App grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to access and use the hosted software products, interfaces, documentation, and related functionality included in the Service (collectively, the "Software") solely for your internal business purposes and in accordance with this Agreement.

3.2 Nothing in this Agreement requires BALKAN App to provide you with a copy of the Software, source code, object code, or any other underlying software or technology.

3.3 You must use the Service in compliance with all laws, regulations, and legally binding requirements applicable to your use of the Service ("Applicable Law").

3.4 You shall not, and shall not permit or encourage any third party to:

  • use the Service for any unlawful, fraudulent, abusive, misleading, or unauthorized purpose;
  • upload, transmit, store, or distribute through the Service any content or Data that is unlawful, defamatory, threatening, abusive, fraudulent, or that infringes the rights of any third party;
  • knowingly upload or transmit viruses, malware, malicious code, or other material intended to disrupt, damage, or obtain unauthorized access to the Service or any other system;
  • attempt to gain unauthorized access to the Service, another user's account, or any systems or networks connected to the Service;
  • reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code, underlying ideas, algorithms, or non-public APIs of the Software, except to the extent such restriction is prohibited by Applicable Law;
  • copy, reproduce, modify, create derivative works from, distribute, sell, license, or commercially exploit any part of the Service except as expressly permitted by this Agreement;
  • rent, lease, sublicense, resell, or provide the Service to third parties as a standalone service;
  • use the Service or access non-public aspects of the Service for the primary purpose of developing, training, or improving a directly competing product or service;
  • remove, obscure, or alter proprietary notices, trademarks, copyright notices, or other notices displayed in connection with the Service; or
  • use automated means to scrape, crawl, extract, or collect information from the Service in a manner that materially interferes with or burdens the Service, except through functionality or APIs expressly provided by BALKAN App for that purpose.

3.5 BALKAN App may, but is not obligated to, provide technical or customer support in connection with the Service. Any support is provided on a reasonable-efforts basis and subject to availability. BALKAN App does not guarantee any particular response or resolution time.

3.6 The Service may be temporarily unavailable because of maintenance, updates, security measures, technical issues, third-party service failures, circumstances beyond BALKAN App's reasonable control, or other operational reasons.

3.7 If BALKAN App provides access to an API, you must use the API reasonably and in accordance with any technical documentation, rate limits, or additional requirements communicated by BALKAN App. BALKAN App may limit, throttle, suspend, or disable API access where reasonably necessary to protect the Service, its infrastructure, or other users.

4. Accounts and Customer Responsibilities

4.1 You are responsible for maintaining the confidentiality and security of your account credentials and for all activity conducted through your account by you or your authorized users.

4.2 You must promptly notify BALKAN App if you become aware of unauthorized access to or use of your account or any other known compromise of your account credentials.

4.3 You are solely responsible for determining which persons are permitted to access your account, assigning appropriate access rights, and removing access when it is no longer required.

4.4 You are responsible for the accuracy, quality, legality, and appropriateness of Data submitted to the Service by or on your behalf and for ensuring that you have all rights, permissions, notices, consents, and lawful bases required to provide and process such Data through the Service.

4.5 Unless expressly agreed otherwise with BALKAN App, you should not use the Service to process categories of personal data that are subject to heightened legal restrictions where such processing is not reasonably necessary for the intended functionality of the Service.

5. Data and Privacy

5.1 "Data" means information, content, records, files, and other data submitted, entered, uploaded, imported, or otherwise made available to the Service by you, your authorized users, or on your behalf.

5.2 As between you and BALKAN App, you retain all right, title, and interest in and to your Data.

5.3 You grant BALKAN App a non-exclusive right to host, copy, transmit, display, process, and otherwise use Data to the extent reasonably necessary to provide, operate, maintain, secure, support, and improve the Service, comply with Applicable Law, and exercise BALKAN App's rights under this Agreement.

5.4 To the extent Data contains personal data, BALKAN App will process such personal data in accordance with Applicable Law, BALKAN App's Privacy Policy, and, where applicable, any Data Processing Agreement between you and BALKAN App.

5.5 Where BALKAN App processes personal data on your behalf as a processor, the applicable Data Processing Agreement shall govern such processing. In the event of a conflict between this Agreement and an applicable Data Processing Agreement regarding the processing of personal data, the Data Processing Agreement shall prevail with respect to that processing.

5.6 BALKAN App may use third-party service providers and subprocessors to operate, host, maintain, secure, and support the Service, subject to Applicable Law and any applicable Data Processing Agreement.

5.7 BALKAN App may generate and use aggregated or de-identified information derived from use of the Service for analytics, security, performance measurement, product development, and improvement of the Service, provided that such information does not identify you or any natural person and is not used to re-identify an individual.

5.8 You are responsible for maintaining appropriate independent copies or backups of Data where loss of such Data could materially affect your business. The Service is not intended to serve as your sole backup or archival system.

6. Intellectual Property Rights

6.1 BALKAN App and its licensors own and retain all right, title, and interest in and to the Service, Software, documentation, designs, interfaces, technology, trademarks, logos, and other materials made available through the Service, including all intellectual property rights therein.

6.2 Except for the limited right to access and use the Service expressly granted under this Agreement, no rights or licenses are granted to you by implication, estoppel, or otherwise.

6.3 Nothing in this Agreement transfers ownership of your Data to BALKAN App.

6.4 You are not required to provide BALKAN App with suggestions, ideas, enhancement requests, recommendations, comments, or other feedback regarding the Service ("Feedback"). If you voluntarily provide Feedback, you grant BALKAN App a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use, reproduce, modify, distribute, incorporate, and otherwise use such Feedback for any lawful purpose without restriction or obligation to compensate you.

7. Warranties and Limitation of Liability

7.1 The Service is provided free of charge and on an "AS IS" and "AS AVAILABLE" basis. To the maximum extent permitted by Applicable Law, BALKAN App makes no representations, warranties, or guarantees of any kind, whether express, implied, statutory, or otherwise, regarding the Service, including its availability, reliability, accuracy, completeness, security, functionality, compatibility, or suitability for any particular purpose.

7.2 BALKAN App does not warrant that the Service will be uninterrupted, error-free, secure, free from harmful components, or that any defects or errors will be corrected.

7.3 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BALKAN App EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, TITLE, AND NON-INFRINGEMENT.

7.4 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BALKAN App AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, BUSINESS OPPORTUNITIES, GOODWILL, ANTICIPATED SAVINGS, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT, REGARDLESS OF THE LEGAL THEORY ON WHICH SUCH LIABILITY IS BASED AND EVEN IF BALKAN App HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7.5 TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BALKAN App'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT SHALL NOT EXCEED EUR 100.

7.6 The exclusions and limitations in this Section shall not apply to liability that cannot lawfully be excluded or limited, including liability arising from fraud, willful misconduct, or gross negligence, or any other liability that Applicable Law prohibits the parties from excluding or limiting in advance.

7.7 You acknowledge that the Service is provided free of charge and that the disclaimers and limitations contained in this Section are a material basis on which BALKAN App makes the Service available.

8. Security

8.1 BALKAN App will maintain reasonable administrative, technical, and organizational measures designed to protect the security of Data processed through the Service.

8.2 No method of electronic transmission or storage is completely secure, and BALKAN App does not guarantee that unauthorized third parties will never be able to defeat applicable security measures.

8.3 If BALKAN App becomes aware of an accidental, unauthorized, or unlawful destruction, loss, alteration, disclosure of, or access to Data processed through the Service (a "Security Breach"), BALKAN App will take reasonable steps to investigate, contain, and mitigate the Security Breach and will provide notifications as required by Applicable Law and any applicable Data Processing Agreement.

8.4 You are responsible for maintaining appropriate security measures for your own systems, devices, networks, credentials, and access to the Service.

8.5 If a security incident results from your systems, credentials, authorized users, employees, contractors, agents, or failure to maintain appropriate security controls, you are responsible for taking appropriate remedial action and for fulfilling your obligations under Applicable Law.

8.6 BALKAN App may suspend or restrict access to the Service where reasonably necessary to investigate or prevent an actual or suspected security incident, unauthorized access, misuse, or harm to the Service, BALKAN App, you, or any third party.

9. Indemnification

9.1 To the extent permitted by Applicable Law, you agree to indemnify, defend, and hold harmless BALKAN App and its affiliates, officers, directors, employees, contractors, and agents from and against third-party claims, proceedings, damages, liabilities, costs, and reasonable legal fees to the extent arising from or relating to: (a) your unlawful or unauthorized use of the Service; (b) your material violation of this Agreement; (c) Data or other material provided by you that infringes or violates the rights of a third party; (d) your failure to obtain rights, permissions, notices, consents, or lawful bases required for Data submitted to the Service; or (e) an employment, organizational, compensation, promotion, termination, or other business decision made by you based on or in connection with your use of the Service.

9.2 BALKAN App will promptly notify you of any claim for which it seeks indemnification under this Section and will provide reasonable cooperation in the defense of the claim. You may control the defense and settlement of the claim, provided that you may not enter into a settlement that imposes liability, an admission of wrongdoing, or a material obligation on BALKAN App without BALKAN App's prior written consent.

9.3 BALKAN App may participate in the defense of a claim through counsel of its choice at its own expense.

10. Governing Law and Jurisdiction

10.1 This Agreement shall be governed by and construed in accordance with the laws of the Republic of Bulgaria, without regard to its conflict of laws principles.

10.2 To the extent permitted by Applicable Law, the courts located in Sofia, Bulgaria shall have exclusive jurisdiction over any dispute, claim, or proceeding arising out of or relating to this Agreement or the Service.

10.3 The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement.

11. Compliance with Laws; Business Decisions

11.1 Each party is responsible for complying with Applicable Law in connection with its own activities under this Agreement.

11.2 The Service may allow you to enter, organize, display, analyze, or otherwise process information in different ways. You are solely responsible for configuring and using the Service in a manner that complies with Applicable Law and your internal policies.

11.3 BALKAN App does not provide legal, employment, tax, accounting, compliance, or other professional advice. Information, functionality, templates, documentation, communications, or support made available through or in connection with the Service should not be treated as professional advice.

11.4 You remain solely responsible for your human resources and business practices and for any decisions concerning employment, recruitment, organization, promotion, advancement, compensation, disciplinary action, termination, notification, access rights, or management of your employees, contractors, or other personnel.

11.5 BALKAN App does not control your relationship with your employees, contractors, or other individuals whose information you enter into the Service. You are responsible for providing required privacy notices, obtaining any required permissions or lawful bases, responding to individuals where required by Applicable Law, and otherwise complying with your obligations concerning such Data.

11.6 BALKAN App shall not be responsible for your failure to comply with Applicable Law or for decisions made by you based on information entered into, generated by, displayed through, or organized using the Service, subject always to the limitations and exceptions provided by Applicable Law.

12. Third-Party Services

12.1 The Service may interoperate with, link to, or rely upon third-party websites, applications, software, infrastructure, APIs, or other services ("Third-Party Services").

12.2 BALKAN App does not control Third-Party Services and is not responsible for their availability, functionality, security, terms, content, or privacy practices.

12.3 Your use of Third-Party Services may be subject to separate terms and privacy policies between you and the applicable third-party provider.

12.4 BALKAN App may modify or discontinue integrations with Third-Party Services where the relevant third-party service is modified, discontinued, restricted, or otherwise becomes unavailable or impracticable to support.

13. General Provisions

13.1 Entire Agreement. This Agreement, together with any applicable Data Processing Agreement and other terms expressly incorporated by reference, constitutes the entire agreement between you and BALKAN App regarding the Service and supersedes prior or contemporaneous agreements, representations, and understandings concerning its subject matter.

13.2 Order of Precedence. If an applicable Data Processing Agreement conflicts with this Agreement regarding the processing of personal data, the Data Processing Agreement will control with respect to that processing. Any other additional terms expressly agreed in writing by BALKAN App will control over this Agreement only to the extent of an express conflict.

13.3 No Waiver. A failure or delay by BALKAN App to exercise or enforce a right or provision of this Agreement does not constitute a waiver of that right or provision.

13.4 Severability. If any provision of this Agreement is held invalid, unlawful, or unenforceable, that provision shall be interpreted or modified to the minimum extent necessary to make it enforceable where legally possible, and the remaining provisions shall remain in full force and effect.

13.5 Assignment. You may not assign or transfer this Agreement or any rights or obligations under it without BALKAN App's prior written consent. BALKAN App may assign or transfer this Agreement in connection with a merger, acquisition, corporate reorganization, sale of assets, or transfer of the business or Service to another entity, subject to Applicable Law.

13.6 Independent Parties. The parties are independent contracting parties. Nothing in this Agreement creates a partnership, joint venture, agency, fiduciary, employment, or franchise relationship between you and BALKAN App.

13.7 No Third-Party Beneficiaries. Except as expressly stated in this Agreement, no person or entity other than the parties has any right, benefit, or remedy under this Agreement.

13.8 Force Majeure. To the extent permitted by Applicable Law, BALKAN App shall not be responsible for delay or failure to perform resulting from circumstances beyond its reasonable control, including failures of telecommunications or cloud infrastructure providers, Internet outages, power failures, natural disasters, governmental actions, civil unrest, labor disputes, cyberattacks, or other events beyond BALKAN App's reasonable control.

13.9 Survival. Provisions that by their nature should survive termination of this Agreement shall survive, including provisions concerning intellectual property, limitations of liability, indemnification, governing law, and general provisions.

13.10 Headings. Section headings are provided for convenience only and do not affect the interpretation of this Agreement.

14. Contact and Legal Information

14.1 BALKAN App is the trade name used in connection with the Service. Information identifying the provider and operator of the Service is available in our Legal Notice.

14.2 For questions regarding these Terms of Service, you may contact BALKAN App at:

Email: legal@balkan.app

Website: https://balkan.app/OrgChartApp

Address: Drugba 284, Sofia 1582, Bulgaria

Phone: +359 878 108 254

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