Terms of Service

By creating an account, submitting a contact form or project inquiry, booking a call, signing a proposal, or making any payment to Balanced Designs LLC, you ("Client") agree to be bound by these Terms of Service. If you do not agree to these Terms, do not purchase our services.

These Terms constitute a legally binding agreement between you and Balanced Designs LLC ("Company," "we," "us," or "our"), a Michigan limited liability company.

Order of precedence: if these Terms conflict with a proposal or agreement signed by both parties, the signed proposal or agreement controls; next, the applicable invoice; then these Terms.

To ensure timely delivery, you agree to respond to requests for information or approvals within 5 business days, provide all required content (text, logos, images) before work begins, designate a single point of contact, and provide consolidated revision feedback within 5 business days of receiving a deliverable.

For Social Content Automation clients: you are responsible for providing 8-10 original photos per month and reviewing/approving content within 24 hours (content auto-approves after 24 hours if no action is taken).

For AI Chatbot clients: you are responsible for providing accurate business information for the chatbot knowledge base.

Delays caused by your failure to respond or provide required materials do not extend delivery timelines or entitle you to a refund.

Balanced Designs LLC offers a client referral program. When you refer a new client who completes a purchase:

You receive a referral credit applied to your next invoice or subscription renewal. The current credit amount is communicated when you join the program and is available on request.

One reward per successful referral. Rewards are non-transferable and cannot be combined with other promotions.

Referral credit is applied automatically via our system. There is no cash equivalent.

If you publicly recommend, review, or endorse Balanced Designs while participating in the referral program, you must clearly disclose that you may receive a referral credit, as required by the FTC Endorsement Guides.

We reserve the right to modify or discontinue the referral program at any time with 30 days notice to active participants.

If your plan includes an AI chatbot widget or AI receptionist (call answering):

The chatbot and receptionist are powered by third-party AI providers and may occasionally produce inaccurate responses. You are responsible for reviewing their behavior and notifying us of any issues.

We enforce daily message limits and monthly cost budgets per service to prevent abuse. If a budget is exceeded, the service will be temporarily paused until the next billing cycle.

Chatbot conversations and receptionist calls may be logged, recorded, and transcribed for quality assurance and usage monitoring. Visitor and caller data collection is disclosed in our Privacy Policy.

For AI receptionist service: calls answered on your behalf may be recorded and transcribed. We configure the receptionist to disclose that the caller is speaking with an automated assistant and, where recording disclosure is required, that the call may be recorded. You are responsible for informing us of any industry-specific or state-specific notice requirements that apply to your business, and for not using the service to collect data you are not permitted to collect.

Where we process personal data of your customers on your behalf in providing these services, our Data Processing Addendum (available on request at contact@balanced-designs.com) applies.

Balanced Designs LLC is not liable for any business decisions made based on chatbot or receptionist responses.

If you subscribe to the Social Content Automation service:

You authorize Balanced Designs LLC to post content on your behalf to connected social media accounts (Instagram, Facebook, LinkedIn) using OAuth-authorized access.

You may revoke platform access at any time through your client portal or by contacting us.

Content pending approval for more than 24 hours will be automatically approved and posted. You can change this setting in your client portal.

We use official platform APIs (Meta Graph API, LinkedIn API) for all posting. We do not store your social media passwords.

You are responsible for ensuring that content posted to your accounts complies with applicable laws and platform terms of service.

EXCEPT AS EXPRESSLY STATED IN THESE TERMS OR YOUR SIGNED PROPOSAL, OUR SERVICES AND DELIVERABLES ARE PROVIDED "AS IS" AND "AS AVAILABLE," AND WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We make no guarantee that a website, chatbot, receptionist, or marketing service will improve your conversion rate, revenue, search ranking, lead volume, or business performance. AI-generated output is produced by third-party models and may be inaccurate.

To the maximum extent permitted by law, Balanced Designs LLC's total aggregate liability arising out of or relating to the services shall not exceed the total fees you paid to Balanced Designs LLC in the twelve (12) months preceding the event giving rise to the claim. We are not liable for indirect, incidental, consequential, or punitive damages, including lost revenue or business interruption.

You agree to indemnify, defend, and hold harmless Balanced Designs LLC and its members, managers, and contractors from any third-party claim, loss, or expense (including reasonable attorneys' fees) arising out of: (a) content, materials, photos, or information you provide to us for use in your project or social content; (b) content published to your accounts under the Social Content Automation service that you approved, or that was auto-approved after your 24-hour review window elapsed; (c) your use of deliverables in violation of law or third-party rights; or (d) your business's products, services, or dealings with your own customers.

We agree to indemnify you against third-party claims that the custom design work we created for your project (excluding materials you supplied and third-party components) directly infringes a United States copyright.

We treat all client information (business details, audit findings, project discussions, social media credentials) as confidential and will not share it with third parties except as required by law or as described in our Privacy Policy. Portfolio display under Section 5.4 is an exception to this obligation, limited to showing the completed work itself and publicly visible before/after comparisons; we will not publish your non-public business information. In return, you agree to keep any proprietary processes or tooling we disclose during the engagement confidential.

Either party may terminate the engagement with written notice. Upon termination of a website project, you owe payment for all work completed through the termination date, and Balanced Designs LLC will deliver any completed work-in-progress assets within 5 business days. Upon cancellation of a subscription, service continues through the end of the current paid period. Social media OAuth tokens are revoked within 30 days of cancellation. Sections 5, 11, 12, 13, 14, 16, and 17 survive termination.

These Terms are governed by the laws of the State of Michigan, without regard to its conflict-of-laws rules.

Informal resolution first: before starting arbitration or any court proceeding, the complaining party must send a written description of the dispute to the other party (for us: contact@balanced-designs.com) and allow 30 days for good-faith resolution.

If the dispute is not resolved informally, it shall be resolved through binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in Oakland County, Michigan (with hearings available by video conference). Judgment on the award may be entered in any court of competent jurisdiction. Either party may instead bring an individual claim in small claims court if it qualifies.

YOU AND BALANCED DESIGNS LLC EACH WAIVE THE RIGHT TO A JURY TRIAL AND AGREE THAT ANY PROCEEDING WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this class action waiver is found unenforceable as to a particular claim, then that claim (and only that claim) shall proceed in court rather than arbitration.

Entire agreement: these Terms, together with your signed proposal and invoices, are the entire agreement between the parties regarding the services and supersede prior discussions. The order of precedence in Section 1 applies.

Force majeure: neither party is liable for delay or failure to perform caused by events beyond its reasonable control (including outages of third-party platforms and hosting providers, natural disasters, or governmental action), except for payment obligations already incurred.

Assignment: you may not assign these Terms without our written consent, except to a successor of your business. We may assign to an affiliate or a successor in interest.

Notices: legal notices to us must be sent to contact@balanced-designs.com. Notices to you will be sent to the email address on your account or invoice and are effective when sent.

Severability: if any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

No waiver: a party's failure to enforce a provision is not a waiver of its right to enforce it later.

We may update these Terms from time to time. The "Last Updated" date at the top reflects the most recent revision. For material changes, we will notify active clients via email at least 14 days before the changes take effect, and you may cancel affected services before the effective date if you do not agree. Continued use of our services after the effective date constitutes acceptance of the new Terms.