AI Burnard

Burnard

"The friend who tells you what others won't"

Terms of Service

Your rights and responsibilities when using AI Burnard

Last Updated: 2025.11.26

1. Acceptance of Terms

Welcome to AI Burnard. These Terms of Service ("Terms") constitute a legally binding agreement between you and SEEDS FORGE LLC ("AI Burnard," "we," "our," or "us") governing your access to and use of our website at https://aiburnard.com and all associated services (collectively, the "Service").

By accessing or using our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Service.

Contact Email: support@aiburnard.com

2. Service Description

AI Burnard provides an artificial intelligence-powered conversational service ("AI Chat Service") that allows users to interact with an AI assistant for various purposes, including but not limited to:

  • General conversation and information retrieval
  • Creative writing assistance
  • Problem-solving and brainstorming
  • Educational support

Important Limitations:

  • Our AI is powered by Google Gemini 2.5 Pro and may produce inaccurate, incomplete, or outdated information
  • The Service is provided "as is" and should not be relied upon for critical decisions
  • We do not guarantee the accuracy, reliability, or completeness of any AI-generated content

3. Eligibility and Account Registration

3.1 Age Requirement

You must be at least 13 years of age to use our Service. If you are between 13 and 18 years old (or the age of majority in your jurisdiction), you must have your parent or legal guardian's permission to use the Service.

We reserve the right to request proof of age at any time.

3.2 Account Creation

To use our Service, you must:

  • Authenticate via Google OAuth
  • Provide accurate and complete information (email, name)
  • Maintain the security of your account credentials
  • Notify us immediately of any unauthorized access to your account

3.3 Account Responsibility

You are solely responsible for:

  • All activities that occur under your account
  • Maintaining the confidentiality of your authentication tokens
  • Any content you create or submit through the Service

4. Acceptable Use Policy

4.1 Permitted Uses

You may use our Service for lawful purposes consistent with these Terms, including:

  • Personal, non-commercial use
  • Educational and research purposes
  • Creative content generation
  • Professional productivity (within reasonable limits)

4.2 Prohibited Conduct

You agree NOT to use our Service to:

Illegal Activities:

  • Violate any applicable laws, regulations, or third-party rights
  • Engage in or promote illegal activities
  • Violate export control or sanctions laws

Harmful Content:

Generate, request, or distribute content that is:

  • Illegal, harmful, threatening, abusive, or harassing
  • Defamatory, libelous, or invasive of privacy
  • Sexually explicit or pornographic (especially involving minors)
  • Promoting violence, terrorism, or self-harm
  • Discriminatory based on race, religion, gender, sexual orientation, disability, or other protected characteristics

Abuse and Exploitation:

  • Attempt to manipulate, jailbreak, or circumvent the AI's safety mechanisms
  • Use the Service to create spam, phishing content, or malware
  • Impersonate any person or entity
  • Harvest or collect user data without consent

System Abuse:

  • Attempt to gain unauthorized access to our systems or networks
  • Interfere with or disrupt the Service or servers
  • Use automated systems (bots, scrapers) without our written permission
  • Reverse engineer, decompile, or attempt to extract source code

Commercial Misuse:

  • Resell, redistribute, or sublicense access to the Service without authorization
  • Use the Service to compete with AI Burnard
  • Use the Service for high-volume commercial purposes without a commercial agreement

4.3 Enforcement

We reserve the right to:

  • Remove any content that violates these Terms
  • Suspend or terminate accounts that violate these Terms
  • Report illegal activities to law enforcement
  • Cooperate with legal investigations

Violations may result in immediate account termination without refund.

5. User Content and Intellectual Property

5.1 Your Content

"Your Content" means any text, messages, prompts, or other materials you submit to the Service.

You retain ownership of Your Content. However, by submitting Your Content, you grant us:

  • A worldwide, non-exclusive, royalty-free license to use, reproduce, and process Your Content solely to provide and improve the Service
  • The right to use aggregated, anonymized data derived from Your Content for analytics and service improvement

You represent and warrant that:

  • You own or have the necessary rights to Your Content
  • Your Content does not violate any laws or third-party rights
  • Your Content does not contain viruses, malware, or harmful code

5.2 AI-Generated Content

"AI-Generated Content" means any output, responses, or content created by our AI based on your prompts.

Ownership and Rights:

  • To the extent permitted by law, we assign to you all rights, title, and interest in AI-Generated Content
  • However, we cannot guarantee that AI-Generated Content is original or does not infringe third-party rights
  • Similar or identical content may be generated for other users with similar prompts

You are solely responsible for:

  • Reviewing AI-Generated Content before use
  • Ensuring AI-Generated Content complies with applicable laws
  • Any consequences of using or publishing AI-Generated Content

We disclaim all liability for any claims arising from your use of AI-Generated Content.

5.3 Our Intellectual Property

The Service itself, including but not limited to:

  • The AI Burnard website, software, and infrastructure
  • Our trademarks, logos, and branding
  • The user interface and design

are owned by SEEDS FORGE LLC and protected by copyright, trademark, and other intellectual property laws.

You may not:

  • Copy, modify, or create derivative works of our Service
  • Use our trademarks without written permission
  • Remove or alter any copyright or proprietary notices

6. Subscription and Payment Terms (Future)

6.1 Free Tier

Currently, AI Burnard is provided free of charge. We reserve the right to introduce paid subscription plans in the future.

6.2 Paid Subscriptions

Merchant of Record:

All purchases are transacted through Polar.sh, acting as the Merchant of Record. When you purchase a subscription, you enter into a contract with Polar.sh (not AI Burnard), which is responsible for:

  • Processing your payment via Stripe
  • Collecting and remitting applicable sales taxes (VAT, GST, Sales Tax) to the appropriate tax authorities
  • Issuing invoices and receipts
  • Handling refunds in accordance with our Refund Policy

License Grant:

  • Subscription Model: Paid subscriptions grant you a non-exclusive, non-transferable, revocable license to access premium features during your active subscription period.
  • Upon Cancellation: Access to paid features will be revoked at the end of the current billing period. Free tier features will remain accessible.
  • No Perpetual License: This is a subscription service, not a one-time purchase. You do not obtain perpetual rights to the software.

Payment Security:

We do not store or process your payment card information. All payment data is handled securely by Polar.sh in compliance with PCI DSS Level 1 standards (the highest level of payment security certification).

Billing Terms:

  • Subscription Billing: Subscriptions are billed in advance on a recurring basis (monthly or annually, depending on your chosen plan).
  • Auto-Renewal: Subscriptions automatically renew unless you cancel before the renewal date. You can manage your subscription via your account dashboard or the Polar customer portal.
  • Cancellation: You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until the end of the paid period.
  • Price Changes: We will provide at least 30 days' advance notice of any price increases. Price changes will apply to the next billing cycle after the notice period.

Refunds:

As Polar.sh is the Merchant of Record, all refund decisions are governed by Polar's Terms of Sale and applicable consumer protection laws (including EU 14-day cooling-off period). For refund requests, please contact support@aiburnard.com and we will coordinate with Polar on your behalf.

6.3 Taxes

Sales Taxes (VAT, GST, Sales Tax):

Polar.sh, as our Merchant of Record, is responsible for determining, collecting, and remitting all applicable sales taxes (including Value Added Tax, Goods and Services Tax, and US state sales taxes) based on your billing address. You will see any applicable taxes itemized on your invoice.

Income Taxes:

You are solely responsible for any income taxes or other taxes in your jurisdiction of residence. This includes any taxes on your own business activities if you use our Service for commercial purposes.

Tax-Exempt Organizations:

If you are a tax-exempt organization, please contact support@aiburnard.com with your tax exemption certificate before making a purchase.

7. Data Storage and Retention

7.1 Current Storage Model

  • Chat messages are currently stored locally in your browser only
  • We do not store your chat history on our servers

7.2 Future Cloud Storage (Optional)

We may introduce optional cloud storage of chat history:

  • This feature will require your explicit opt-in consent
  • Chat history will be retained for 30 days from last activity
  • You may delete your chat history at any time
  • See our Privacy Policy for details

8. Third-Party Services

Our Service integrates with the following third-party services:

Payment Processing Disclaimer:

When you make a purchase, you will interact with Polar.sh's checkout system. Your payment transaction is governed by Polar.sh's Terms of Service, not solely by these Terms. We are not responsible for:

  • Payment processing errors, failures, or security breaches on Polar's platform
  • Disputes regarding charges, billing, or payment methods
  • Availability, uptime, or security of Polar.sh's services
  • Changes to Polar.sh's fees, policies, or terms

Important: While we work with Polar.sh to resolve payment-related issues, the ultimate responsibility for payment processing lies with Polar as the Merchant of Record. For payment-related technical issues, you may need to contact Polar.sh support directly. We will assist you in coordinating with Polar when needed.

General Third-Party Disclaimer:

You acknowledge that:

  • Your use of these third-party services is subject to their respective terms and policies
  • We are not responsible for the availability, accuracy, security, or functionality of third-party services
  • Disruptions to third-party services may affect our Service
  • We may change or discontinue third-party integrations at any time

9. Disclaimers and Limitations of Liability

9.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

  • Warranties of merchantability, fitness for a particular purpose, or non-infringement
  • Warranties that the Service will be uninterrupted, secure, or error-free
  • Warranties regarding the accuracy, reliability, or completeness of AI-generated content

9.2 AI Content Disclaimer

IMPORTANT: Our AI may generate:

  • Inaccurate, misleading, or false information
  • Offensive, inappropriate, or harmful content despite our safety measures
  • Content that infringes third-party intellectual property rights

You acknowledge that:

  • AI-generated content should not be relied upon for medical, legal, financial, or other professional advice
  • You must independently verify any critical information
  • We are not responsible for decisions you make based on AI-generated content

9.3 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

SEEDS FORGE LLC SHALL NOT BE LIABLE FOR:

  • Any indirect, incidental, special, consequential, or punitive damages
  • Loss of profits, data, use, or goodwill
  • Service interruptions or data loss
  • Any damages arising from your use or inability to use the Service
  • Any content generated by the AI or actions taken based on such content

EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT YOU PAID TO US IN THE 12 MONTHS PRECEDING THE CLAIM (OR $100 IF YOU HAVE NOT MADE ANY PAYMENTS).

9.4 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

10. Indemnification

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

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any third-party rights
  • Your Content or use of AI-Generated Content
  • Any misrepresentation made by you

11. Termination

11.1 Termination by You

You may terminate your account at any time by:

  • Emailing support@aiburnard.com with the subject "Account Deletion Request"
  • Following the account deletion process in your account settings (when available)

Upon termination, your account data will be deleted within 30 days in accordance with our Privacy Policy.

11.2 Termination by Us

We reserve the right to suspend or terminate your account immediately, without prior notice, if:

  • You violate these Terms or our Acceptable Use Policy
  • We suspect fraudulent, abusive, or illegal activity
  • We are required to do so by law
  • We decide to discontinue the Service (with reasonable notice)

11.3 Effect of Termination

Upon termination:

  • Your right to access the Service immediately ceases
  • We may delete Your Content and account data (subject to legal retention requirements)
  • Provisions that should survive termination (e.g., liability limitations, indemnification) will remain in effect

FOR PAID SUBSCRIPTIONS (FUTURE): Termination does not entitle you to a refund of any prepaid fees, except as required by law.

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the US, without regard to its conflict of law principles.

12.2 Informal Resolution

Before initiating formal proceedings, you agree to contact us at support@aiburnard.com to attempt to resolve any dispute informally. We will attempt to resolve the dispute within 30 days.

12.3 Class Action Waiver

TO THE EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

12.4 Jurisdiction and Venue

If arbitration does not apply, you agree that any legal action or proceeding shall be brought exclusively in the federal or state courts located in the US, and you consent to the personal jurisdiction of such courts.

13. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make changes:

  • We will update the "Last Updated" date at the top of this document
  • For material changes, we will notify you via:
    • Email (if you have an account)
    • A prominent notice on our website
    • At least 30 days' advance notice before changes take effect

Continued use of the Service after changes take effect constitutes acceptance of the revised Terms. If you do not agree to the changes, you must stop using the Service and may delete your account.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and SEEDS FORGE LLC regarding the Service and supersede all prior agreements and understandings.

14.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.

14.3 Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms or your account without our written consent. We may assign these Terms to any affiliate or in connection with a merger, acquisition, or sale of assets.

14.5 Force Majeure

We shall not be liable for any failure to perform our obligations due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, pandemic, natural disasters, or third-party service disruptions.

14.6 Export Compliance

You agree to comply with all applicable export and import control laws and regulations in your use of the Service.

14.7 No Agency

No agency, partnership, joint venture, or employment relationship is created between you and us as a result of these Terms or your use of the Service.

15. Contact Information

If you have questions, concerns, or disputes regarding these Terms, please contact us:

Email: support@aiburnard.com

Business Name: SEEDS FORGE LLC

Address: 30 N Gould St Ste N, Sheridan, WY 82801 USA

Response Time: We will respond to your inquiry within 7 business days.

16. Special Provisions for Specific Jurisdictions

16.1 European Users (GDPR)

If you are located in the European Economic Area (EEA), United Kingdom, or Switzerland:

  • You have additional rights under GDPR as described in our Privacy Policy
  • Data processing is based on consent, contract performance, or legitimate interests
  • You may withdraw consent or object to processing at any time

16.2 California Users (CCPA)

If you are a California resident:

  • You have additional rights under the California Consumer Privacy Act as described in our Privacy Policy
  • We do not sell your personal information

16.3 Other Jurisdictions

We will comply with applicable consumer protection laws in your jurisdiction. If any provision of these Terms conflicts with mandatory local laws, the local laws will prevail to the extent of the conflict.

Effective Date: 2025.11.26

© 2025 AI Burnard. All rights reserved.

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.