Terms of Service

Effective Date: December 12, 2024  |  Last Updated: December 11, 2024

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Burnlab LLC ("Burnlab," "we," "us," or "our") governing your access to and use of our website, services, and any related content, features, or applications (collectively, the "Services").

By accessing, browsing, or using our Services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, you must not access or use our Services.

If you are using our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and your agreement to these Terms will be treated as the agreement of the organization. In that case, "you" and "your" will refer to that organization.

These Terms are effective as of the date you first access our Services and will remain in effect until terminated in accordance with the provisions herein.

2. Description of Burnlab and Our Services

Burnlab is an artificial intelligence solutions company that specializes exclusively in the media and entertainment technology sector. We are a strategic advisory firm that provides comprehensive consulting and implementation services to help media enterprises navigate complex digital transformations and optimize their operations through advanced AI technologies.

Our Services encompass a broad range of offerings designed to address the unique challenges facing media and entertainment organizations:

AI Strategy and Implementation: We provide end-to-end AI strategy development, from initial assessment and planning through full-scale implementation. This includes identifying AI opportunities, developing implementation roadmaps, and ensuring successful deployment of AI solutions within your existing technology infrastructure.

Custom AI Model Development: We design, develop, and deploy custom artificial intelligence models tailored to your specific business requirements. This includes natural language processing models, computer vision systems, recommendation engines, content analysis tools, and other specialized AI applications for media workflows.

Media Asset Management Solutions: We create and implement intelligent systems for managing, organizing, and optimizing media assets. These solutions leverage AI to automate content tagging, enable advanced search capabilities, and streamline content workflows.

Technology Integration and Transformation: We help organizations modernize their technology stacks, integrate new AI capabilities with existing systems, and transform traditional media workflows to incorporate intelligent automation.

Cloud Migration and Architecture: We provide guidance and implementation support for migrating media workloads to cloud platforms, with particular expertise in AWS services and cloud-native architectures optimized for media processing and AI workloads.

Innovation Development: We offer proof-of-concept development and rapid prototyping services to help organizations test and validate new AI-driven innovations before full-scale implementation.

Our Services are designed to be flexible and can be delivered through various engagement models, including consulting projects, ongoing advisory relationships, and implementation partnerships. Specific terms for individual projects or engagements may be governed by separate statements of work or service agreements that supplement these Terms.

3. Account Registration and User Responsibilities

To access certain features of our Services, you may be required to create an account. When creating an account, you agree to provide accurate, current, and complete information about yourself as prompted by our registration forms. You are responsible for maintaining the accuracy of this information and promptly updating any changes.

You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to protect your account information.

You represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. If you are using our Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

4. Data Usage for AI Development and Model Training

This section describes how Burnlab may use data in connection with developing, training, and improving our artificial intelligence models and Services. We recognize that data usage is a critical concern for our clients, particularly in the media and entertainment industry where proprietary content and confidential information are core business assets.

4.1 Public Data Usage

Definition of Public Data: For purposes of these Terms, "Public Data" includes: (a) information that is publicly available through legitimate sources, including but not limited to public websites, open datasets, published research, and industry reports; (b) data that you have explicitly designated as public or have made publicly available; (c) data that you have provided to us with explicit permission for public use; and (d) industry-standard benchmarks and publicly available datasets commonly used for AI development.

Permitted Uses: We may use Public Data to train, fine-tune, evaluate, and improve our AI models and Services. This usage helps us enhance our AI capabilities, develop better solutions for the media industry, and provide improved services to all our clients. Such usage includes but is not limited to:

  • Training machine learning models for content analysis, recommendation systems, and media processing
  • Developing benchmarks and evaluation metrics for AI performance
  • Creating synthetic datasets for research and development purposes
  • Improving natural language processing capabilities for media-specific terminology and contexts

No Additional Consent Required: Your use of our Services constitutes consent for us to use Public Data as described in this section. You acknowledge that such usage is necessary for us to maintain and improve our AI capabilities and provide competitive services in the rapidly evolving AI landscape.

4.2 Private Data Protection

Definition of Private Data: "Private Data" includes any data that is: (a) proprietary, confidential, or trade secret information belonging to you or your organization; (b) personal information of your customers, employees, or other individuals; (c) unpublished creative content, including but not limited to unreleased films, television shows, music, or other media content; (d) internal business information, financial data, strategic plans, or competitive intelligence; (e) any data that you have marked or designated as confidential or proprietary; or (f) any data that would reasonably be considered sensitive or confidential in the media and entertainment industry.

Explicit Written Consent Required: We will only use your Private Data for AI model training, fine-tuning, or any form of machine learning development with your explicit written consent obtained through a separate agreement. This consent must specifically describe:

  • The exact categories and scope of Private Data to be used
  • The specific AI models or applications for which the data will be used
  • The duration of such usage
  • Any limitations or restrictions on the usage
  • Data retention and deletion procedures

Private Model Ownership: Any AI models that are trained exclusively or primarily on your Private Data will remain your exclusive property. We will not use such models for our general AI development, share them with other clients, or incorporate them into our standard service offerings without your explicit written permission. These private models will be clearly identified and segregated from our general AI capabilities.

Security and Confidentiality: We implement enterprise-grade security measures to protect Private Data, including encryption in transit and at rest, access controls, audit logging, and regular security assessments. Our employees and contractors who may have access to Private Data are bound by confidentiality agreements and receive regular training on data protection requirements.

4.3 De-identified and Processed Data

Customer Approval Required: We may request your approval to use de-identified, anonymized, aggregated, or otherwise processed versions of your data for AI model development and improvement. Such usage will only occur with your explicit prior consent obtained through written agreement or documented approval process.

Data Processing Standards: When seeking to use processed data, we will apply rigorous de-identification techniques that include:

  • Removal of all direct personal identifiers (names, addresses, contact information, etc.)
  • Elimination of proprietary business identifiers (company names, brand identifiers, unique project codes, etc.)
  • Aggregation or statistical modification to prevent re-identification
  • Application of differential privacy techniques where appropriate
  • Regular assessment to ensure ongoing privacy protection

Use Cases and Benefits: De-identified data may be used to:

  • Improve general AI capabilities across the media industry
  • Develop industry-wide benchmarks and best practices
  • Create training datasets for common media processing tasks
  • Enhance our understanding of media workflow patterns and optimization opportunities
  • Contribute to research and development that benefits the broader media ecosystem

Transparency and Control: Before using any processed version of your data, we will:

  • Provide detailed information about the processing techniques to be applied
  • Explain the intended use cases and benefits
  • Offer you the opportunity to review and approve the de-identification process
  • Allow you to set restrictions or limitations on usage
  • Provide ongoing reporting on how the data is being used

Opt-out Rights: You maintain the right to withdraw your consent for the use of de-identified data at any time, subject to reasonable notice periods that allow us to implement your request without disrupting ongoing projects or commitments to other parties.

5. Your Content and Data

5.1 Ownership and Rights

You retain all ownership rights in and to any content, data, materials, or information that you provide, upload, submit, or make available through our Services ("Your Content"). These Terms do not transfer any ownership rights in Your Content to Burnlab.

By providing Your Content to us, you grant Burnlab a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display Your Content solely for the purposes of: (a) providing our Services to you; (b) improving and developing our Services; (c) complying with applicable laws and regulations; and (d) exercising our rights and performing our obligations under these Terms and any separate agreements between us.

This license terminates when you remove Your Content from our Services or when your access to our Services is terminated, except to the extent that we have used Your Content in accordance with the data usage provisions in Section 4 above, or where we have legitimate business or legal reasons for retaining copies of Your Content.

5.2 Content Representations and Warranties

You represent and warrant that: (a) you own Your Content or have obtained all necessary rights, licenses, consents, and permissions to grant the license described above; (b) Your Content does not infringe, violate, or misappropriate any third-party rights, including intellectual property rights, privacy rights, or publicity rights; (c) Your Content does not contain any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable; and (d) Your Content complies with all applicable laws and regulations.

5.3 Data Security and Protection

We implement industry-standard technical and organizational measures to protect Your Content and data, including:

  • Encryption of data in transit and at rest using advanced encryption standards
  • Multi-factor authentication and access controls
  • Regular security audits and vulnerability assessments
  • Employee background checks and confidentiality training
  • Incident response procedures and breach notification protocols
  • Compliance with applicable data protection regulations, including GDPR, CCPA, and industry-specific requirements

We maintain detailed security policies and procedures that are regularly reviewed and updated to address evolving threats and regulatory requirements. Upon request and subject to appropriate confidentiality protections, we can provide additional information about our security practices.

6. Privacy and Data Protection

6.1 General Privacy Commitment

Your privacy is important to us. Our collection, use, and sharing of your personal information is governed by our Privacy Policy, which provides detailed information about our data practices. By using our Services, you acknowledge that you have read and understood our Privacy Policy and consent to the collection, use, and sharing of your information as described therein.

Our Privacy Policy is incorporated into these Terms by reference and forms an integral part of your agreement with us. In the event of any conflict between these Terms and our Privacy Policy regarding the treatment of personal information, our Privacy Policy will control.

We may update our Privacy Policy from time to time to reflect changes in our practices, technology, legal requirements, or other factors. We will provide notice of material changes to our Privacy Policy in accordance with the notification procedures described in Section 12 below.

6.2 GDPR Compliance and European Data Protection

If you are located in the European Union, European Economic Area, United Kingdom, or Switzerland, or if we process personal data of individuals located in these regions ("European Personal Data"), the following additional provisions apply:

Legal Basis for Processing: We process European Personal Data based on one or more of the following legal bases under the General Data Protection Regulation (GDPR) and applicable European data protection laws:

  • Consent: Where you have provided specific, informed, and freely given consent for the processing
  • Contract Performance: Where processing is necessary for the performance of our contract with you or to take steps at your request prior to entering into a contract
  • Legitimate Interests: Where we have a legitimate business interest in processing your data, provided such interests are not overridden by your fundamental rights and freedoms
  • Legal Obligation: Where processing is necessary for compliance with a legal obligation to which we are subject
  • Vital Interests: Where processing is necessary to protect the vital interests of you or another natural person

Your Rights Under GDPR: If you are a data subject under GDPR, you have the following rights regarding your European Personal Data:

  • Right of Access: You may request confirmation of whether we process your personal data and obtain a copy of such data
  • Right to Rectification: You may request correction of inaccurate personal data and completion of incomplete personal data
  • Right to Erasure ("Right to be Forgotten"): You may request deletion of your personal data in certain circumstances
  • Right to Restrict Processing: You may request restriction of processing of your personal data in certain circumstances
  • Right to Data Portability: You may request to receive your personal data in a structured, commonly used, and machine-readable format
  • Right to Object: You may object to processing of your personal data based on legitimate interests or for direct marketing purposes
  • Right to Withdraw Consent: Where processing is based on consent, you may withdraw your consent at any time

Exercising Your Rights: To exercise any of these rights, please contact us at privacy@burnlab.com. We will respond to your request within one month, or two months for complex requests. We may request additional information to verify your identity before processing your request.

Data Protection Officer: For GDPR-related inquiries, you may contact our Data Protection Officer at: dpo@burnlab.com

International Data Transfers: When we transfer European Personal Data to countries outside the European Economic Area that do not provide an adequate level of data protection, we implement appropriate safeguards, including:

  • Standard Contractual Clauses approved by the European Commission
  • Adequacy decisions by the European Commission
  • Binding Corporate Rules (where applicable)
  • Other legally recognized transfer mechanisms

Data Retention: We retain European Personal Data only for as long as necessary to fulfill the purposes for which it was collected, comply with legal obligations, resolve disputes, and enforce our agreements. Our specific retention periods are detailed in our Privacy Policy.

Supervisory Authority: You have the right to lodge a complaint with the supervisory authority in your jurisdiction if you believe our processing of your personal data violates applicable data protection laws.

6.3 Children's Privacy

Our Services are not intended for use by children under the age of 16 (or the applicable minimum age in your jurisdiction). We do not knowingly collect personal information from children under 16. If we become aware that we have collected personal information from a child under 16, we will take steps to delete such information promptly.

If you are a parent or guardian and believe that your child has provided us with personal information, please contact us at privacy@burnlab.com so that we can take appropriate action.

6.4 Data Security Measures

We implement appropriate technical and organizational measures to ensure a level of security appropriate to the risk of processing personal data, including:

  • Encryption of personal data in transit and at rest
  • Regular security assessments and penetration testing
  • Access controls and authentication measures
  • Employee training on data protection requirements
  • Incident response and breach notification procedures
  • Regular backup and disaster recovery testing

6.5 Data Breach Notification

In the event of a personal data breach that is likely to result in a high risk to your rights and freedoms, we will notify you without undue delay after becoming aware of the breach. We will also notify applicable supervisory authorities within 72 hours of becoming aware of the breach, where required by law.

6.6 Cross-Border Data Processing

Our Services may involve the processing of personal data across multiple jurisdictions. We ensure that all cross-border data processing complies with applicable data protection laws and that appropriate safeguards are in place to protect your personal data regardless of where it is processed.

7. Acceptable Use Policy

Your use of our Services must comply with this Acceptable Use Policy. You agree that you will not use our Services to:

  • Illegal Activities: Engage in any activity that violates any applicable local, state, national, or international law or regulation, or that promotes or facilitates illegal activities.
  • Intellectual Property Infringement: Upload, submit, or transmit any content that infringes, violates, or misappropriates the intellectual property rights of any third party, including copyrights, trademarks, patents, trade secrets, or other proprietary rights.
  • Harmful Content: Distribute content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
  • System Interference: Attempt to gain unauthorized access to our Services, other users' accounts, or any systems or networks connected to our Services.
  • Malicious Code: Upload, submit, or transmit any content that contains viruses, worms, malware, trojan horses, or other harmful or destructive code.
  • Spam and Unsolicited Communications: Use our Services to send unsolicited or unauthorized advertising, promotional materials, spam, chain letters, or any other form of unauthorized solicitation.
  • Impersonation: Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity.
  • Data Mining: Use automated scripts, bots, crawlers, or other automated means to access our Services for the purpose of data mining, extraction, or harvesting, except as expressly permitted by separate agreement.

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your access to our Services, in addition to any other remedies available to us at law or in equity.

8. Intellectual Property Rights

8.1 Burnlab's Intellectual Property

Burnlab retains all right, title, and interest in and to our Services and all related technology, including but not limited to:

  • Our proprietary AI models, algorithms, and software (except for models trained exclusively on your Private Data as described in Section 4.2)
  • Our website, user interfaces, and related technology
  • Our trademarks, service marks, logos, and brand names
  • Our methodologies, processes, and know-how
  • Improvements and enhancements to our AI capabilities derived from Public Data or de-identified data
  • Any derivative works, modifications, or improvements to the above

Nothing in these Terms grants you any ownership rights in our intellectual property, except for the limited license to use our Services as expressly provided herein.

8.2 Custom Solutions and Work Product

The ownership of intellectual property rights in custom solutions, implementations, and work product developed specifically for you will be governed by separate project agreements or statements of work. Such agreements will clearly specify:

  • Ownership rights in custom-developed solutions
  • Rights to use and modify custom solutions
  • Licensing arrangements for any pre-existing Burnlab intellectual property incorporated into custom solutions
  • Rights to improvements and enhancements made during the engagement

8.3 Feedback and Suggestions

If you provide us with any feedback, suggestions, or ideas about our Services ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into our Services without any obligation to compensate you or obtain your further consent. We may use Feedback to improve our Services, develop new features, or enhance our AI capabilities.

9. Third-Party Services and Integrations

Our Services may integrate with, rely upon, or provide access to third-party services, applications, or content ("Third-Party Services"). These Third-Party Services are governed by their own terms of service and privacy policies, which we encourage you to review.

We do not control Third-Party Services and are not responsible for their availability, functionality, security, or content. Your use of Third-Party Services is subject to their respective terms and conditions, and any data sharing between our Services and Third-Party Services will be governed by the privacy policies and data sharing agreements of those services.

We may suspend or terminate integrations with Third-Party Services at any time without notice if we determine that such integration poses security risks, violates applicable laws, or is inconsistent with our business objectives.

10. Service Availability and Performance

10.1 Service Commitment

We strive to provide reliable, high-quality Services and maintain reasonable uptime and performance standards. However, we do not guarantee that our Services will be available at all times or will meet any specific performance criteria. Our Services may be temporarily unavailable due to:

  • Scheduled maintenance and updates
  • Emergency maintenance or security patches
  • Third-party service outages or connectivity issues
  • Force majeure events or circumstances beyond our reasonable control
  • Technical difficulties or system failures

10.2 Maintenance and Updates

We may perform routine maintenance, apply security patches, or implement updates to our Services that may temporarily affect availability or functionality. We will attempt to provide advance notice of scheduled maintenance when practicable, but emergency maintenance may be performed without prior notice when necessary to protect the security or integrity of our Services.

We reserve the right to modify, update, or discontinue features of our Services at any time. We will provide reasonable notice of material changes that significantly impact core functionality, but we may implement minor updates, bug fixes, or security enhancements without advance notice.

10.3 Performance Monitoring

We continuously monitor the performance and availability of our Services and maintain internal metrics and reporting systems. While we strive for optimal performance, we do not provide service level agreements (SLAs) under these general Terms of Service. Specific performance commitments and SLAs may be provided in separate service agreements for enterprise clients.

11. Disclaimers and Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BURNLAB PROVIDES ITS SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

11.1 Disclaimer of Warranties

WE SPECIFICALLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  • WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE
  • WARRANTIES OF NON-INFRINGEMENT OF THIRD-PARTY RIGHTS
  • WARRANTIES THAT OUR SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
  • WARRANTIES THAT ANY DEFECTS WILL BE CORRECTED
  • WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT OR INFORMATION PROVIDED THROUGH OUR SERVICES

11.2 AI and Machine Learning Disclaimers

Given the nature of artificial intelligence and machine learning technologies, we specifically disclaim warranties regarding:

  • The accuracy, completeness, or reliability of AI-generated outputs or recommendations
  • The performance of AI models in all use cases or environments
  • The absence of bias or discrimination in AI model outputs
  • The compatibility of AI solutions with all existing systems or workflows
  • The achievement of specific business outcomes through the use of AI technologies

AI and machine learning systems are inherently probabilistic and may produce unexpected or incorrect results. You acknowledge that AI outputs should be reviewed and validated by qualified personnel before being relied upon for critical business decisions.

11.3 External Dependencies

We disclaim responsibility for the performance, availability, or security of Third-Party Services, cloud infrastructure providers, internet connectivity, or other external dependencies that may affect the operation of our Services.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you. In such jurisdictions, our liability will be limited to the fullest extent permitted by applicable law.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BURNLAB, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR YOUR USE OF OUR SERVICES.

12.1 Damages Limitation

Our total aggregate liability to you for all claims arising out of or relating to these Terms or your use of our Services, whether in contract, tort, or otherwise, shall not exceed the amount actually paid by you to Burnlab for our Services during the twelve (12) months immediately preceding the event giving rise to the claim.

12.2 Types of Excluded Damages

Without limiting the generality of the foregoing, we shall not be liable for:

  • Loss of revenue, profits, or business opportunities
  • Loss or corruption of data or information
  • Cost of procurement of substitute services
  • Interruption of business operations
  • Reputational harm or damage
  • Third-party claims or demands
  • Failure to realize expected benefits or cost savings from AI implementations

12.3 Essential Purpose and Fair Allocation of Risk

You acknowledge that the limitations and exclusions in this Section 12 reflect a fair allocation of risk between the parties and that we would not be able to provide our Services at competitive prices without these limitations. These limitations will apply even if we have been advised of the possibility of such damages and even if any limited remedy specified in these Terms fails of its essential purpose.

12.4 Jurisdictional Variations

Some jurisdictions do not allow the limitation or exclusion of certain types of damages, so the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the fullest extent permitted by applicable law, and the duration of any implied warranties will be limited to the maximum extent permitted by law.

13. Changes to These Terms

13.1 Right to Modify

We reserve the right to modify, update, or revise these Terms at any time in our sole discretion. Changes may be necessary to reflect changes in applicable laws or regulations, modifications to our Services or business practices, new features or capabilities, security enhancements or requirements, or industry best practices or standards.

13.2 Notice of Changes

We will provide notice of material changes to these Terms through one or more of the following methods: email notification to the address associated with your account, prominent notice on our website or within our Services, in-app notifications or alerts, or posted notice in our user portal or dashboard.

For material changes, we will provide at least thirty (30) days advance notice before the changes take effect. Non-material changes, such as clarifications, formatting improvements, or corrections of typographical errors, may be made without advance notice.

13.3 Acceptance of Changes

Your continued use of our Services after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using our Services and may terminate your account in accordance with Section 14 below.

14. Termination

14.1 Termination by You

You may terminate your use of our Services at any time by:

  • Discontinuing use of our Services
  • Deleting your account through your account settings (if applicable)
  • Providing written notice to us of your intent to terminate

If you have active service agreements or projects with us, termination of your use of our general Services does not automatically terminate those separate agreements, which will be governed by their respective termination provisions.

14.2 Termination by Burnlab

We may suspend or terminate your access to our Services immediately and without prior notice if:

  • You violate these Terms or our Acceptable Use Policy
  • Your use of our Services poses security risks to our systems or other users
  • We reasonably believe that continued provision of Services would violate applicable laws
  • You fail to pay fees when due (if applicable)
  • We decide to discontinue our Services generally

For terminations not related to violations or security concerns, we will attempt to provide reasonable advance notice when practicable.

14.3 Effect of Termination

Upon termination of your access to our Services:

  • Your right to access and use our Services immediately ceases
  • We may delete your account and associated data in accordance with our data retention policies
  • You remain responsible for any fees incurred prior to termination
  • Provisions of these Terms that by their nature should survive termination will continue in effect

14.4 Data Handling Upon Termination

Following termination, we will handle your data in accordance with:

  • Our Privacy Policy and data retention schedules
  • Any separate data processing agreements between us
  • Applicable legal and regulatory requirements
  • Your specific requests for data deletion or return (subject to legal limitations)

We may retain certain data for legitimate business purposes, including compliance with legal obligations, resolution of disputes, and enforcement of our rights.

15. General Legal Terms

15.1 Governing Law and Jurisdiction

These Terms and any disputes arising out of or relating to these Terms or our Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles.

Any legal action or proceeding relating to these Terms shall be brought exclusively in the federal or state courts located in Orange County, California, and you hereby consent to the jurisdiction and venue of such courts.

15.2 Dispute Resolution

Informal Resolution: Before initiating any formal legal proceedings, you agree to first attempt to resolve any dispute through informal negotiation by sending a written description of the dispute to legal@burnlab.com. We will attempt to resolve the dispute through good faith discussions for a period of at least thirty (30) days.

Binding Arbitration: If we cannot resolve a dispute through informal negotiation, any remaining dispute shall be resolved through binding arbitration conducted by a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Orange County, California, and shall be conducted in English.

Class Action Waiver: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS ARBITRATIONS, OR OTHER REPRESENTATIVE PROCEEDINGS.

Small Claims Court: Notwithstanding the above, either party may bring qualifying claims in small claims court if they meet the requirements for small claims jurisdiction.

15.3 Entire Agreement

These Terms, together with our Privacy Policy and any separate service agreements or statements of work between you and Burnlab, constitute the entire agreement between you and us regarding your use of our Services and supersede all prior or contemporaneous understandings, agreements, negotiations, representations, and warranties, whether written or oral.

15.4 Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect. The invalid provision will be deemed modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, the provision will be deemed deleted from these Terms.

15.5 Assignment

You may not assign, transfer, or delegate your rights or obligations under these Terms without our prior written consent. We may assign these Terms, in whole or in part, to any third party at any time without your consent, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

15.6 Waiver

Our failure to enforce any provision of these Terms or to exercise any right under these Terms shall not be deemed a waiver of such provision or right. Any waiver must be in writing and signed by an authorized representative of Burnlab.

15.7 Force Majeure

We shall not be liable for any failure or delay in performance under these Terms that is due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, internet outages, or failures of third-party services.

15.8 Survival

The following sections shall survive termination of these Terms: Section 4 (Data Usage for AI Development), Section 5 (Your Content and Data), Section 8 (Intellectual Property Rights), Section 11 (Disclaimers and Warranties), Section 12 (Limitation of Liability), and Section 15 (General Legal Terms).

16. Contact Information

If you have questions about these Terms or need to contact us for any reason related to our Services, please reach out to us:

Burnlab LLC

Email: legal@burnlab.com

Website: www.burnlab.com

Mailing Address: 1835 Newport Blvd Suite A109-415, Costa Mesa, CA 92627, United States.

For technical support or general inquiries about our Services, please contact: support@burnlab.com

By using Burnlab's Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service and our Privacy Policy.