Terms of service

1. Agreement to terms

By accessing or using Balcony.ai ("Service"), operated by Napkin Labs, LLC d/b/a Balcony ("Company," "we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service.

2. Description of service

Balcony.ai is an AI-powered property management communication platform. The Service provides landlords and property managers with dedicated phone numbers per rental unit, automated tenant and prospect communication via SMS and voice, showing scheduling, maintenance request tracking, and related tools.

3. Eligibility

You must be at least 18 years old and have the legal authority to enter into these Terms. By using the Service, you represent that you meet these requirements and that any information you provide is accurate and complete.

4. Account registration

To use the Service, you must create an account by providing a valid email address. You are responsible for maintaining the confidentiality of your account and for all activity that occurs under it. You agree to notify us immediately of any unauthorized use.

5. Acceptable use

You agree not to:

• Use the Service to send unsolicited or bulk messages (spam)
• Use the Service for any unlawful purpose or in violation of applicable laws
• Misrepresent your identity or impersonate any person
• Interfere with or disrupt the Service or its infrastructure
• Attempt to gain unauthorized access to any part of the Service
• Use the Service to harass, threaten, or discriminate against any person
• Violate fair housing laws or any other regulations applicable to rental properties

6. SMS and voice communications

The Service sends and receives SMS messages and voice calls on your behalf through dedicated phone numbers. You are responsible for ensuring that your use of these communications complies with all applicable laws, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and any state or local regulations.

Recipients may opt out of receiving messages at any time by replying STOP. You agree not to message any individual who has opted out.

7. AI-generated content

The Service uses artificial intelligence to generate responses to tenant and prospect inquiries. While we strive for accuracy, AI-generated content may contain errors or inaccuracies. You are responsible for reviewing AI-generated communications and are ultimately responsible for all messages sent from your account, whether generated by AI or composed manually.

When AI confidence in a response falls below a configured threshold, the message is escalated to you for manual review before being sent.

8. Fees and payment

The Service offers multiple subscription tiers. Pricing and features for each tier are described on our website. We reserve the right to change pricing with 30 days' notice. Phone number provisioning and messaging costs may apply based on usage.

9. Intellectual property

The Service and its original content, features, and functionality are owned by Napkin Labs, LLC and are protected by copyright, trademark, and other intellectual property laws. You retain ownership of any content you upload or create through the Service.

10. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. You may cancel your account at any time. Upon termination, your right to use the Service ceases immediately. Phone numbers associated with your account will be released.

11. Limitation of liability

To the maximum extent permitted by law, Napkin Labs, LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages resulting from your use of the Service. This includes, without limitation, damages for lost profits, data loss, missed rental inquiries, or communication failures.

Our total liability for any claim arising from these Terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim.

12. Disclaimer of warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the Service will be uninterrupted, error-free, or secure. We do not guarantee the accuracy of AI-generated responses or the deliverability of SMS messages or voice calls.

13. Indemnification

You agree to indemnify and hold harmless Napkin Labs, LLC, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Service or violation of these Terms.

14. Governing law

These Terms shall be governed by and construed in accordance with the laws of the State of Missouri, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts of St. Charles County, Missouri.

15. Changes to terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by updating the "Last updated" date and, where appropriate, by email. Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

16. Contact

If you have questions about these Terms, contact us at:

Napkin Labs, LLC d/b/a Balcony
1200 Lake St. Louis Blvd, Unit 550
Lake St. Louis, MO 63367
hey@balcony.ai