Terms of Service.
Terms governing your use of the Burna AI public website. Use of the Burna AI clinical platform, including any modules involving protected health information, is governed by separately executed written agreements with the contracting organization.
This document is a structural draft prepared for review by legal counsel before public release. Not for production publish until reviewed and approved by Burna AI's counsel. Effective date will be set on counsel approval.
01Effective Date
These Terms of Service ("Terms") become effective on the date set by Burna AI, Inc. ("Burna AI," "we," "us," or "our") upon completion of legal counsel review and public posting at burna.ai/terms. The effective date will be displayed at the top of this page. We reserve the right to update the effective date when material changes are made, in accordance with Section 15.
Effective date placeholder. Counsel to confirm on approval.
02Acceptance of Terms
By accessing, browsing, or otherwise using the website located at burna.ai and any related subdomains (collectively, the "Website"), you agree to be bound by these Terms, our Privacy Policy, and our Cookie Policy, each of which is incorporated by reference. If you do not agree to these Terms, you must not access or use the Website.
These Terms apply to all visitors, prospective design partners, newsletter subscribers, resource downloaders, demo requesters, and any other users of the Website. If you are accessing the Website on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" refers to both you individually and that organization.
Your continued use of the Website following any modifications to these Terms constitutes acceptance of the modified Terms.
03Description of Services
Burna AI provides the Website to share information about our safety and data quality platform for oncology drug development, from clinical trials through postmarket surveillance, and to enable visitors to:
- Learn about Burna AI, our team, and our approach to AI-assisted clinical workflows;
- Request resources, including briefs, white papers, and product information;
- Schedule conversations, demonstrations, or pilot discussions with our team;
- Subscribe to newsletters, product updates, and other communications;
- Access publicly available content, including blog posts, case studies, and validation summaries.
The Website is not the Burna AI product platform. Access to and use of the Burna AI clinical platform (including any modules involving protected health information, clinical trial data, or grading workflows) is governed by separately executed written agreements with the contracting organization, including Master Service Agreements, Statements of Work, Business Associate Agreements, Data Processing Agreements, and pilot or design partner agreements. Nothing on this Website constitutes an offer to license or provide the platform.
We may modify, suspend, or discontinue any aspect of the Website at any time without notice.
04Eligibility and User Conduct
You must be at least 18 years of age to use the Website. By using the Website, you represent and warrant that you are 18 or older and that your use complies with all applicable laws and regulations.
You agree to use the Website lawfully and in accordance with these Terms. You agree NOT to:
- Reverse engineer, decompile, disassemble, or attempt to derive the source code of any portion of the Website or any underlying technology;
- Scrape, crawl, harvest, or use automated means to access, copy, or extract content from the Website, except by search engines operating in accordance with our robots.txt;
- Interfere with, disrupt, or attempt to gain unauthorized access to the Website, our servers, networks, or any systems connected to the Website, including through denial-of-service attacks, injection attacks, or credential stuffing;
- Bypass, disable, or attempt to circumvent any security or access-control features of the Website;
- Use the Website to transmit malware, viruses, worms, or other malicious code;
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity;
- Submit false, misleading, or fraudulent information through any form on the Website;
- Use the Website to harass, abuse, defame, or otherwise harm any person;
- Use the Website for any commercial purpose not expressly authorized by these Terms, including resale of content, competitive intelligence gathering for the purpose of building a competing product, or training of machine learning models on Website content without written permission;
- Submit any protected health information ("PHI"), as defined under HIPAA, through the Website. The Website is not a PHI submission channel.
We reserve the right to investigate suspected violations and to take appropriate action, including reporting violations to law enforcement, terminating access, and pursuing legal remedies.
05Intellectual Property
All content on the Website, including text, graphics, logos, icons, images, audio, video, software, code, design, layout, look, appearance, and arrangement (collectively, the "Content"), is the property of Burna AI or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
Trademarks
"Burna AI," the Burna AI logo, "the safety and data quality platform for oncology drug development," and other Burna AI names, marks, slogans, and product names are trademarks or registered trademarks of Burna AI, Inc. The phrase "twelve-agent cascading constraint pipeline" and related descriptions of our pipeline architecture are claimed as trademarks of Burna AI and are subject to pending or issued patent protection. Other trademarks appearing on the Website are the property of their respective owners.
Limited license
Subject to your compliance with these Terms, Burna AI grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Content for your personal, non-commercial informational use. This license does not include the right to:
- Copy, reproduce, republish, or redistribute any Content;
- Modify, adapt, translate, or create derivative works of any Content;
- Sell, license, lease, rent, or otherwise commercialize any Content;
- Use any Content for training, fine-tuning, evaluating, or benchmarking machine learning models;
- Remove any copyright, trademark, or other proprietary notices from any Content;
- Use any data mining, robots, or similar data gathering and extraction tools.
Logo and brand use
Use of Burna AI logos, wordmarks, and brand assets is governed by our brand usage guidelines published at burna.ai/press. Editorial use in news media and reviews is generally permitted in accordance with those guidelines. Commercial use, including use in marketing materials, presentations to third parties, websites, or product integrations, requires prior written permission from Burna AI. Requests should be directed to press@burna.ai.
All rights not expressly granted to you in these Terms are reserved by Burna AI and its licensors.
06User Submissions
The Website provides forms through which you may submit information, including demo requests, brief downloads, newsletter subscriptions, contact inquiries, and design partner applications (collectively, "Submissions"). When you make a Submission, you grant Burna AI a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, store, process, transmit, and display the Submission for the purposes described in our Privacy Policy, including responding to your request, providing the resources or communications you requested, and otherwise operating our business.
Your representations
By making a Submission, you represent and warrant that:
- The information you submit is accurate, current, and complete;
- You have the authority to submit the information, including authority to provide any organizational affiliation, email address, or contact information referenced in the Submission;
- Your Submission does not violate any third-party rights, including privacy, publicity, contractual, or intellectual property rights;
- Your Submission does not contain any protected health information, individually identifiable health information, patient records, clinical trial subject data, or other information regulated under HIPAA, GDPR Article 9 special categories, or comparable laws. The Website is not a PHI submission channel. PHI is processed only by the Burna AI platform under separate Business Associate Agreements and Data Processing Agreements;
- Your Submission does not contain confidential information of any third party, including trade secrets, proprietary clinical protocols, or non-public study data, unless you have authority to disclose such information;
- Your Submission complies with all applicable laws and regulations.
We have no obligation to monitor Submissions but reserve the right to review, retain, or remove any Submission at our discretion. We are not responsible for any Submission you make.
07Third-Party Services
The Website may contain links to third-party websites, services, or resources, including LinkedIn, X (formerly Twitter), GitHub (when launched), calendar scheduling tools, email service providers, analytics providers, and other third-party platforms. These links are provided for convenience only. Burna AI does not control, endorse, or assume responsibility for the content, privacy practices, terms of service, or any other aspect of any third-party website or service.
Your access to and use of any third-party website or service is at your own risk and subject to the terms and policies of that third party. We encourage you to review the terms and privacy policies of any third-party website or service before using it.
The inclusion of any link does not imply endorsement by Burna AI of the linked website or service, or any association with its operators.
08Disclaimer of Warranties
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BURNA AI DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, RELIABILITY, AND QUIET ENJOYMENT.
BURNA AI DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE WEBSITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Specific disclaimers
- No medical, clinical, or regulatory advice. Nothing on the Website constitutes medical advice, clinical advice, treatment recommendations, diagnostic guidance, pharmacovigilance guidance, regulatory submission guidance, or any other form of professional advice. Content describing CTCAE grading, adverse event management, safety signal detection, or any other clinical or regulatory workflow is informational only and is not a substitute for professional clinical judgment or qualified regulatory counsel.
- No legal or investment advice. Nothing on the Website constitutes legal advice or investment advice. Content describing our business, fundraising activities, partnerships, or financial position is for informational purposes only and does not constitute an offer to sell or solicitation of an offer to buy any securities.
- Validation statements. Statements on the Website regarding internal validation, agreement with expert clinicians, or performance characteristics refer to ongoing internal testing demonstrating strong agreement with expert clinicians. Formal validation results are published through peer-reviewed venues and regulatory channels. Internal testing results referenced on the Website are not a substitute for site-specific validation, clinical evaluation, or regulatory review.
- Forward-looking statements. Statements regarding future product features, roadmap items, planned integrations, anticipated timelines, market opportunity, partnerships, regulatory pathway, fundraising, and similar forward-looking topics are subject to change without notice and are not commitments. Actual outcomes may differ materially from any forward-looking statement on the Website.
- Third-party content. Burna AI makes no representations or warranties regarding any third-party content, products, or services referenced on or linked from the Website.
Some jurisdictions do not allow the exclusion of certain warranties. To the extent such exclusions are not permitted, the warranties in this section are limited to the minimum extent permitted by applicable law.
09Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BURNA AI, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, ADVISORS, INVESTORS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOST GOODWILL, BUSINESS INTERRUPTION, COST OF SUBSTITUTE SERVICES, OR ANY OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR ACCESS TO OR USE OF THE WEBSITE OR ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT BURNA AI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF BURNA AI AND ITS AFFILIATES ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US$100) OR (B) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO BURNA AI FOR ACCESS TO OR USE OF THE WEBSITE IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. FOR USERS OF THE WEBSITE, THIS AMOUNT IS GENERALLY ZERO.
These limitations apply even if any limited remedy fails of its essential purpose. The parties agree that these limitations are an essential element of the basis of the bargain between you and Burna AI.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages. To the extent such exclusions or limitations are not permitted, the liability of Burna AI is limited to the minimum extent permitted by applicable law.
This section does not apply to liability arising from Burna AI's gross negligence, willful misconduct, or fraud, or to any other liability that cannot be limited or excluded under applicable law.
10Indemnification
You agree to defend, indemnify, and hold harmless Burna AI and its affiliates, officers, directors, employees, agents, advisors, investors, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including reasonable attorneys' fees and costs) arising from or related to:
- Your access to or use of the Website;
- Your violation of these Terms;
- Your violation of any third-party right, including any intellectual property, privacy, publicity, or contractual right;
- Your Submissions, including any claim that a Submission caused damage to a third party or that a Submission violated any law or regulation;
- Your violation of any applicable law or regulation;
- Any misuse of the Website by you or by any person using your access credentials or accessing the Website on your behalf.
Burna AI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Burna AI in asserting any available defenses. You will not settle any matter without the prior written consent of Burna AI.
11Termination
Burna AI may suspend or terminate your access to the Website at any time, with or without notice, for any reason or no reason, including your violation of these Terms. You may stop using the Website at any time.
Upon termination, your right to access the Website ceases immediately. The following provisions shall survive termination of these Terms: Section 5 (Intellectual Property), Section 6 (User Submissions), Section 8 (Disclaimer of Warranties), Section 9 (Limitation of Liability), Section 10 (Indemnification), Section 11 (Termination), Section 12 (Governing Law), Section 13 (Dispute Resolution), Section 16 (Severability and Waiver), Section 17 (Entire Agreement), and Section 18 (Contact Us), together with any other provisions that by their nature should survive.
12Governing Law
These Terms, and any dispute arising out of or related to these Terms or your use of the Website, are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-laws principles.
Subject to the dispute resolution provisions in Section 13, you and Burna AI agree that the federal and state courts located in Wilmington, Delaware shall have exclusive jurisdiction over any dispute or claim that is not subject to arbitration under Section 13, and you consent to the personal jurisdiction of, and venue in, those courts.
Counsel to confirm Delaware as governing law and forum. Burna AI is a Delaware corporation; Delaware is selected for predictability of corporate and commercial jurisprudence. Counsel to flag any considerations for users in California, EU, UK, or other jurisdictions with mandatory consumer protections.
13Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
13.1 Informal resolution
Before initiating arbitration or any other formal proceeding, you and Burna AI agree to attempt to resolve any dispute, claim, or controversy arising out of or related to these Terms or your use of the Website ("Dispute") informally for at least thirty (30) days. You agree to send written notice of the Dispute to legal@burna.ai, including your name, contact information, a description of the Dispute, and the relief sought. Burna AI will attempt to resolve the Dispute through good-faith discussion during this period.
13.2 Binding arbitration
If the Dispute is not resolved within thirty (30) days of the notice described above, you and Burna AI agree that the Dispute shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, if applicable, its Consumer Arbitration Rules, as those rules are in effect at the time arbitration is commenced. The arbitration shall be conducted in Wilmington, Delaware, before a single neutral arbitrator. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
The arbitrator shall have authority to grant any remedy that would be available in court, except as limited by these Terms. The arbitrator's decision shall be final and binding. The arbitration shall be confidential, except as required by law or to enforce the award.
13.3 Class action waiver
YOU AND BURNA AI AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND BURNA AI AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS.
13.4 Exceptions
Notwithstanding the foregoing, either party may:
- Bring an individual action in small claims court, provided the action remains in that court and is brought solely on an individual basis;
- Seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidentiality obligations;
- Pursue any claim that cannot lawfully be subject to arbitration in the relevant jurisdiction.
13.5 Severability of arbitration provisions
If the class action waiver in Section 13.3 is found to be unenforceable in any proceeding, the entirety of Section 13 (Dispute Resolution) shall be null and void as to that proceeding, and the Dispute shall be resolved in the courts identified in Section 12, except that injunctive and equitable relief for intellectual property claims shall remain available in court. If any other provision of Section 13 is found to be unenforceable, the remaining provisions shall continue in full force and effect.
Counsel to localize and flag jurisdictions where binding arbitration, class action waivers, or specific AAA rule references are unenforceable or require modification (for example, specific state consumer protection regimes, EU Member States, UK consumer law). Counsel to confirm whether a 30-day opt-out window from arbitration should be included as is conventional in many U.S. consumer SaaS terms.
14Force Majeure
Burna AI shall not be liable for any failure or delay in performance under these Terms to the extent caused by events beyond its reasonable control, including acts of God, natural disasters, fire, flood, earthquake, severe weather, pandemic, epidemic, public health emergency, war, terrorism, civil unrest, government action, embargo, sanctions, labor disputes, strikes, power or telecommunications failures, internet or network outages, denial-of-service attacks, security incidents affecting third-party infrastructure providers, supply chain disruptions, or any other similar event ("Force Majeure Event"). The affected obligations shall be suspended for the duration of the Force Majeure Event, and Burna AI shall use commercially reasonable efforts to resume performance as soon as practicable.
15Modifications to Terms
Burna AI reserves the right to modify these Terms at any time, in its sole discretion. When we make modifications, we will update the effective date at the top of this page.
For material changes, we will provide notice at least thirty (30) days in advance of the changes taking effect, by:
- Sending an email to the address you provided through any Website form, if you have provided one; and
- Posting a prominent notice on the Website.
Material changes include modifications to the Limitation of Liability (Section 9), Indemnification (Section 10), Governing Law (Section 12), or Dispute Resolution (Section 13). Non-material changes (clarifications, typographical corrections, contact information updates, and changes required by law) may take effect immediately upon posting.
Your continued use of the Website after modifications take effect constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Website.
16Severability and Waiver
Severability
If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be enforced to the maximum extent permitted, and the remaining provisions of these Terms shall remain in full force and effect. The parties shall negotiate in good faith to replace any invalid provision with a valid provision that achieves, to the extent possible, the original intent of the parties.
Waiver
No failure or delay by Burna AI to exercise any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude any other or further exercise of that right, power, or remedy. Any waiver by Burna AI must be in writing and signed by an authorized representative of Burna AI to be effective.
17Entire Agreement
These Terms, together with the Privacy Policy and Cookie Policy posted on the Website, constitute the entire agreement between you and Burna AI regarding your access to and use of the Website, and supersede all prior or contemporaneous agreements, understandings, communications, and representations, whether written or oral, regarding the Website.
For the avoidance of doubt, these Terms govern only your use of the Website. Use of the Burna AI clinical platform and any associated services is governed by separately executed written agreements between Burna AI and the contracting organization, including any applicable Master Service Agreement, Statement of Work, Business Associate Agreement, Data Processing Agreement, or pilot or design partner agreement. In the event of any conflict between these Terms and a separately executed platform agreement, the separately executed agreement governs with respect to the subject matter it addresses.
No agency, partnership, joint venture, employment, or franchise relationship is created by these Terms. You may not assign or transfer these Terms or any rights or obligations under them, in whole or in part, without the prior written consent of Burna AI. Burna AI may assign these Terms freely, including in connection with a merger, acquisition, reorganization, or sale of assets.
18Contact Us
Questions, comments, or concerns regarding these Terms may be directed to the contacts below. For requests related to logo and brand use, contact press@burna.ai. For privacy-specific inquiries, see our Privacy Policy.
Burna AI, Inc. · Legal
Direct inquiries about these Terms to the legal team. General questions about the company are best routed to the general inbox.