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LEGAL

Terms of Service

Effective date: 1 January 2025  ·  Last updated: 1 January 2025

Contents

  1. Acceptance of Terms
  2. Definitions
  3. Description of Services
  4. Account Registration & Security
  5. Acceptable Use Policy
  6. Intellectual Property
  7. AI & Data Usage
  8. Payment & Subscriptions
  9. Privacy & Data Protection
  10. Third-Party Services
  11. Disclaimers & Warranties
  12. Limitation of Liability
  13. Indemnification
  14. Governing Law & Disputes
  15. General Provisions

By accessing or using any Burmain platform or website, you agree to be bound by these Terms of Service. If you do not agree, please do not use our services.

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you") and Burmain Holdings, comprising Burmain Holdings (Pty) Ltd (registered in South Africa) and Burmain Holdings LTD (registered in the United Kingdom) (collectively "Burmain", "we", "us", "our"). By accessing burmain.com or any of our platforms — including BovRes, 1os.io, Synopli, Global Urban Solutions, Windsor AI Gaming, and Windsor AI Tutor — you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of an organisation, you represent that you have authority to bind that organisation. These Terms apply from the date you first access or use any Burmain service.

2. Definitions

  • "Platforms" means BovRes, 1os.io, Synopli, Global Urban Solutions, Windsor AI Gaming, Windsor AI Tutor and any other software products operated by Burmain.
  • "Services" means the platforms, website, APIs, and any related services provided by Burmain.
  • "Content" means all text, data, AI outputs, graphics, software, and other material available through the Services.
  • "User Data" means any data you submit to or generate through the Services.
  • "Subscription" means a paid plan granting access to one or more Platforms.
  • "AI Outputs" means content, insights, recommendations or predictions generated by Burmain's artificial intelligence systems.

3. Description of Services

Burmain is a technology holding company providing a portfolio of AI-native platforms. Each platform is designed to deliver intelligent, data-driven capabilities within its respective domain:

  • BovRes: AI-powered livestock management platform for cattle farming operations.
  • 1os.io: Enterprise operating system unifying business intelligence through AI.
  • Synopli: Knowledge synthesis engine converting data into strategic intelligence.
  • Global Urban Solutions: Smart city platform for AI-driven urban infrastructure planning.
  • Windsor AI Gaming: AI-powered educational gaming for student engagement.
  • Windsor AI Tutor: AI-native personalised tutoring platform for global learners.

Platform-specific terms may supplement these Terms. In the event of conflict, platform-specific terms prevail for that platform.

4. Account Registration & Security

4.1 Registration

To access certain features of the Services, you must create an account. You must provide accurate, complete, and current information during registration and maintain that information thereafter. You must be at least 18 years of age, or have obtained verifiable parental or guardian consent, to create an account. Organisations registering on behalf of a business entity must provide accurate company details and ensure the individual registering has authority to do so.

4.2 Account Security

You are solely responsible for maintaining the confidentiality of your account credentials, including your password. You agree not to share your credentials with any third party. You must notify us immediately at hello@burmain.com if you become aware of any unauthorised access to or use of your account. We are not liable for any loss or damage arising from unauthorised account use resulting from your failure to adequately safeguard your credentials.

4.3 Account Suspension

We reserve the right to suspend, restrict, or permanently terminate any account at our sole discretion where we reasonably believe the account has been used in violation of these Terms, is involved in fraudulent or unlawful activity, or poses a risk to the security or integrity of our Services or other users.

5. Acceptable Use Policy

5.1 Permitted Uses

You may use the Services for their intended business, educational, or personal purposes in accordance with these Terms and all applicable laws and regulations. Use of the Services must be lawful, respectful of third-party rights, and consistent with the purpose for which each Platform was designed.

5.2 Prohibited Conduct

You agree not to engage in any of the following activities in connection with the Services:

  • Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of any platform, software, or AI model.
  • Scraping, crawling, or conducting automated data extraction from any part of the Services without prior written permission from Burmain.
  • Using AI Outputs to train, develop, or improve any competing or third-party AI model or system.
  • Uploading, transmitting, or distributing malicious code, viruses, worms, ransomware, or any other disruptive or harmful software.
  • Attempting to gain unauthorised access to our systems, infrastructure, or other users' accounts through any means.
  • Using the Services in any manner that infringes the intellectual property rights, privacy rights, or other rights of any third party.
  • Transmitting content that is unlawful, defamatory, harassing, obscene, discriminatory, or otherwise harmful or objectionable.
  • Circumventing, disabling, or otherwise undermining any access controls, authentication mechanisms, or licence restrictions.
  • Reselling, sublicensing, or otherwise making the Services available to third parties without Burmain's prior written authorisation.
  • Using the Services in violation of any applicable local, national, or international law or regulation.

6. Intellectual Property

6.1 Burmain IP

All intellectual property rights in and to the Services, Platforms, AI models, algorithms, software, brand assets, and Content are owned by or licensed to Burmain Holdings. These Terms do not transfer any title, ownership, or proprietary interest in any Burmain intellectual property to you. All rights not expressly granted are reserved by Burmain.

6.2 Licence to You

Subject to your compliance with these Terms and payment of any applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable licence to access and use the Services solely for their intended purpose and for the duration of your active Subscription or access period.

6.3 Your Content

You retain ownership of all User Data you submit to the Services. By submitting User Data, you grant Burmain a worldwide, royalty-free, non-exclusive licence to access, process, store, and use your User Data solely to the extent necessary to provide, maintain, and improve the Services in accordance with our Privacy Policy. We will not sell your User Data to third parties.

6.4 Feedback

If you provide Burmain with any feedback, suggestions, ideas, or recommendations regarding the Services ("Feedback"), you grant Burmain an irrevocable, perpetual, worldwide, royalty-free licence to use, incorporate, and commercialise such Feedback in any manner without restriction or compensation to you.

6.5 Trademarks

"Burmain", "BovRes", "1os.io", "Synopli", "Global Urban Solutions", "Windsor AI Gaming", "Windsor AI Tutor", and all associated logos, marks, and trade dress are trademarks of Burmain Holdings. You may not use, reproduce, or display any Burmain trademark in any manner without our prior written consent.

7. AI & Data Usage

7.1 AI Output Disclaimer

AI Outputs are generated by machine learning models and are provided for informational and decision-support purposes only. They do not constitute professional advice of any kind, including but not limited to legal, medical, financial, agricultural, or technical advice. You are solely responsible for any decisions made in reliance on AI Outputs, and Burmain accepts no liability for such decisions.

7.2 Model Improvement

With your consent as described in our Privacy Policy, we may use anonymised and aggregated User Data to improve, train, and refine our AI models and algorithms. We will never use your personally identifiable data to train AI models that are accessible to third parties without your explicit, informed consent.

7.3 Accuracy

While we continually strive to improve the accuracy and reliability of our AI systems, machine learning models can produce errors, reflect biases, or generate outdated information. You should always apply appropriate professional judgement and independent verification when relying on or acting upon AI-generated content.

7.4 Prohibited AI Uses

You may not use AI Outputs for any purpose that involves the creation or dissemination of disinformation, deliberately misleading content, discriminatory material, or any content that violates applicable law or these Terms.

8. Payment & Subscriptions

8.1 Pricing

Pricing for each Platform and Subscription tier is displayed at the point of purchase and on the relevant Platform's pricing page. All prices are exclusive of applicable taxes, including VAT, GST, or sales tax, unless expressly stated otherwise. You are responsible for any applicable taxes in your jurisdiction.

8.2 Billing

Subscriptions are billed in advance on a monthly or annual basis, depending on the plan selected at the time of purchase. By providing valid payment details, you authorise Burmain and our payment processors to charge the applicable subscription fees automatically on each renewal date without further authorisation.

8.3 Auto-Renewal

All Subscriptions renew automatically at the end of each billing period unless you cancel at least 48 hours before the scheduled renewal date. Cancellation may be completed through your account settings or by contacting us at hello@burmain.com. Upon cancellation, access to the relevant Platform will continue until the end of the current paid billing period.

8.4 Refunds

Annual Subscriptions cancelled within 14 days of the initial purchase date are eligible for a pro-rata refund for the unused portion of the subscription term. Monthly Subscriptions are non-refundable after the billing date has passed. Burmain reserves the right to grant exceptions at its sole discretion in cases of documented technical failures directly attributable to our Services.

8.5 Price Changes

We will provide at least 30 days' advance notice of any changes to Subscription pricing via email or in-platform notification. Your continued use of the Services following the effective date of a price change constitutes your acceptance of the revised pricing.

8.6 Free Trials

Where free trial periods are offered, payment details may be required at the time of sign-up. You will not be charged until the trial period expires. If you do not cancel your Subscription before the trial ends, you will be automatically billed at the standard rate for the selected plan. You may cancel at any time during the trial period at no cost.

9. Privacy & Data Protection

Your use of the Services is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Services, you consent to the collection, processing, and use of your personal information as described in the Privacy Policy. For users in the UK and EU, our GDPR Statement applies. For users in South Africa, our POPIA Compliance Statement applies.

10. Third-Party Services & Links

10.1 Third-Party Integrations

Our platforms may integrate with or link to third-party services (cloud providers, analytics tools, payment processors). These third parties operate under their own terms and privacy policies. Burmain is not responsible for the practices of third-party services.

10.2 External Links

The Services may contain links to external websites. These links are provided for convenience only. We do not endorse and are not responsible for the content or practices of linked websites.

10.3 Third-Party Content

Any third-party content accessible through the Services is the responsibility of the respective third party. Burmain makes no representations about the accuracy or reliability of third-party content.

11. Disclaimers & Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED.

To the maximum extent permitted by applicable law, Burmain disclaims all warranties including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components.

We do not warrant the accuracy, completeness, or reliability of any AI Outputs, data, or Content provided through the Services.

Agricultural decisions, educational outcomes, business decisions, and urban planning decisions based on our platform outputs remain the sole responsibility of the user.

Nothing in these Terms excludes or limits warranties that cannot be excluded or limited under applicable law in South Africa or the United Kingdom.

12. Limitation of Liability

To the fullest extent permitted by law, Burmain's total aggregate liability to you for any claim arising out of or relating to these Terms or the Services shall not exceed the greater of: (a) the total fees paid by you to Burmain in the 12 months preceding the claim, or (b) ZAR 5,000 / GBP 250, whichever is applicable to your jurisdiction.

Burmain shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, loss of data, loss of business, or reputational harm, even if advised of the possibility of such damages.

Nothing in these Terms limits Burmain's liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Burmain Holdings, its directors, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or in connection with:

  • your use of or access to the Services;
  • your violation of these Terms;
  • your violation of any applicable law or regulation;
  • your violation of any third-party rights;
  • any content you submit to or generate through the Services; or
  • your reliance on AI Outputs for professional, agricultural, medical, financial, or legal decisions.

14. Governing Law & Dispute Resolution

14.1 Governing Law

For users in South Africa: these Terms are governed by the laws of the Republic of South Africa. For users in the United Kingdom: these Terms are governed by the laws of England and Wales. For all other users: these Terms are governed by the laws of the Republic of South Africa as the primary jurisdiction of Burmain's headquarters.

14.2 Dispute Resolution

In the event of a dispute, you agree to first contact Burmain at hello@burmain.com and attempt to resolve the matter informally within 30 days. If informal resolution fails, disputes shall be submitted to the jurisdiction of the South African courts (for SA users) or the courts of England and Wales (for UK users).

14.3 Consumer Rights

Nothing in these Terms affects your statutory rights as a consumer under the Consumer Protection Act 68 of 2008 (South Africa) or the Consumer Rights Act 2015 (United Kingdom).

14.4 Class Action Waiver

To the extent permitted by law, you agree to resolve disputes individually and waive any right to participate in class action proceedings.

15. General Provisions

15.1 Entire Agreement

These Terms, together with the Privacy Policy and any platform-specific terms, constitute the entire agreement between you and Burmain regarding the Services.

15.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be modified to the minimum extent necessary, and the remaining provisions shall continue in full force.

15.3 Waiver

Failure by Burmain to enforce any provision of these Terms shall not constitute a waiver of that provision.

15.4 Assignment

You may not assign or transfer your rights under these Terms without Burmain's prior written consent. Burmain may assign its rights and obligations without restriction.

15.5 Changes to Terms

We may update these Terms from time to time. Material changes will be notified via email or prominent website notice with at least 14 days' advance notice. Continued use after the effective date constitutes acceptance.

15.6 Contact

For all legal enquiries: hello@burmain.com (South Africa) | uk@burmain.com (United Kingdom)

Burmain Holdings

Shaping Tomorrow's Intelligence.
AI-native platforms that redefine industries.

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