Terms of Service

Effective Date: January 20, 2026

These Terms of Service ("Terms") govern your access to and use of the website (www.balboainsights.com), services, AI agents, consulting, and any related offerings provided by Balboa Insights LLC ("Balboa Insights," "we," "us," or "our"). We are located in San Diego, California, USA, and provide services to clients globally.

By accessing or using our website, services, AI agents, or otherwise engaging with us (including entering into any agreement or project), you agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity. If you do not agree to these Terms, you must not access or use our services.

We may update these Terms from time to time. Continued use after changes constitutes acceptance of the revised Terms. We will post the updated Terms with a new effective date.

1. Description of Services

We provide data and AI consulting services, including the design, development, deployment, and maintenance of AI agents and systems. These AI agents may interact with external systems, APIs, the internet, or third-party services ("External Interactions"). While we implement reasonable safeguards, AI technology is emerging and experimental. Outputs, performance, and External Interactions may be unpredictable, inaccurate, biased, incomplete, or harmful.

Our services are provided "AS IS" and "AS AVAILABLE," with no guarantees regarding specific results, accuracy, reliability, or fitness for any purpose.

2. Eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to use our services. If you are under 18, you may only use our services with the involvement and consent of a parent or legal guardian.

3. User Accounts and Responsibilities

Some services may require an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You agree to notify us immediately of any unauthorized use.

You represent and warrant that:

• All information you provide is accurate, current, and complete.
• You have all necessary rights to any data, materials, or inputs ("Client Materials") you provide to us.
• Your use of our services complies with all applicable laws.

4. Client Materials and Inputs

You retain ownership of all Client Materials you provide. By providing Client Materials, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, and process them solely to provide our services, including training or operating AI agents.

You are solely responsible for the accuracy, legality, and appropriateness of Client Materials. We do not verify or endorse Client Materials.

5. Outputs and Work Product

Subject to payment of all fees and compliance with these Terms, you own the outputs generated specifically for you ("Deliverables"), except for any pre-existing materials, tools, or general knowledge we bring to the project.

We retain ownership of all our pre-existing intellectual property, methodologies, code, models, templates, and any improvements or derivatives thereof ("Our IP"). You are granted a limited, non-exclusive, non-transferable license to use Our IP solely as incorporated into the Deliverables for your internal business purposes.

AI-generated outputs may contain errors, hallucinations, biases, or unintended content. You are solely responsible for reviewing, validating, and using any outputs or Deliverables.

6. AI-Specific Disclaimers

AI agents may:

• Produce inaccurate, incomplete, or misleading results.
• Interact with external systems in ways that result in unintended consequences.
• Be subject to vulnerabilities, security risks, or failures beyond our control (e.g., third-party APIs, internet disruptions, or adversarial inputs).

We disclaim any liability for:

• The accuracy, reliability, or suitability of AI outputs.
• Any damages arising from your reliance on or use of AI outputs.
• External Interactions or third-party actions.

You agree not to use our AI agents for high-risk activities (e.g., medical diagnosis, financial trading, automated decision-making with legal consequences) without appropriate human oversight and validation.

7. Prohibited Uses

You may not:

• Use our services for illegal, fraudulent, or harmful purposes.
• Reverse engineer, decompile, or attempt to extract our proprietary technology.
• Introduce viruses, malware, or harmful code.
• Overload, disrupt, or interfere with our systems.
• Use our services to compete with us or develop competing AI products.
• Input sensitive personal data (e.g., health, financial, biometric) unless explicitly agreed in a separate agreement.

8. Fees and Payment

Fees are specified in separate agreements or quotes. You agree to pay all fees in accordance with the agreed terms. Late payments may accrue interest at 1.5% per month or the maximum allowed by law.

We may suspend services for non-payment.

9. Confidentiality

Each party agrees to treat the other's confidential information with reasonable care and not disclose it except as necessary to perform obligations or as required by law.

10. Termination

We may terminate or suspend your access at any time for breach of these Terms, non-payment, or any other reason.

Upon termination, your license to use Deliverables ends, and you must cease using our services.

11. Indemnification

You agree to indemnify, defend, and hold harmless Balboa Insights, its affiliates, officers, directors, employees, and agents from any claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of our services.
• Your Client Materials.
• Your breach of these Terms.
• Your violation of any law or third-party rights.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

• WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY.
• OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.
• WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

These limitations apply regardless of the legal theory.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of California, without regard to conflict of law principles.

Any disputes arising from or related to these Terms shall be resolved exclusively through binding arbitration in San Diego County, California, under the rules of the American Arbitration Association. You waive any right to a jury trial or class action.

14. Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control (e.g., natural disasters, pandemics, cyberattacks, government actions).

15. Third-Party Services

Our services may integrate with or rely on third-party services. We are not responsible for their availability, performance, or terms.

16. Miscellaneous

• Entire Agreement: These Terms, together with any project agreements, constitute the entire agreement.
• Severability: If any provision is invalid, the remainder remains in effect.
• No Waiver: Failure to enforce a provision does not waive it.
• Assignment: We may assign these Terms; you may not without our consent.

17. Contact Us