One of the reasons Balsamiq can keep costs down on our products is because we standardize everything. Thus, no need for legal teams.
We have made an effort to make our EULA and Terms of Service as fair as possible, and never negotiate it.
For this same reason, we also do not sign additional agreements, including Non-Disclosure Agreements (NDAs).
We can understand the desire to engage in any litigation in a local and familiar legal system. No doubt, for many of the same reasons, we feel the same way too.
Although we can’t change this clause, we can say that the US legal system is a world class legal system and will offer protection and justice should the situation arise.
That said, we have never entered into any litigation with any of our customers, and our terms have been agreed to by over 150,000 of them.