These Terms of Service ("Agreement") are entered into by and between Orion Technologies (KVK-nummer: 96085703) ("Burón", "we", "us", "our") and the entity or person agreeing to these terms ("Customer", "you", "your"). By accessing or using the Service, you agree to be bound by this Agreement.
1. Service
1.1 Provision of Service
Burón provides access to its marketing analytics and automation platform (the "Service"). The specific features, modules, and functionality available to you will be as described in your Order or Subscription Plan. You may use the Service for your internal business purposes, subject to these Terms.
1.2 Account Registration
To use the Service, you must create an account and provide accurate, complete information. You are responsible for safeguarding access credentials and all activity under your account.
1.3 Beta & Experimental Features
Burón may offer beta, experimental, or preview features ("Beta Features") for evaluation. Beta Features are provided "as-is", may be changed or discontinued at any time, and are used at your own risk.
1.4 Modifications
Burón may update or modify the Service. Material changes that reduce core functionality will be communicated in advance. You may terminate your agreement within 30 days if such changes materially degrade the Service.
2. Customer Data and Privacy
2.1 Customer Data
You retain all rights to your data ("Customer Data"). You grant Burón the right to process Customer Data solely as necessary to provide and improve the Service, and as described in our Privacy Policy.
2.2 Data Connections
You may connect your data sources, warehouses, and third-party tools to the Service. You are responsible for compliance with any third-party terms governing connected data.
2.3 Data Security
Burón implements industry-standard technical and organizational security measures. For details, please get in touch with our team.
2.4 Data Processing & Compliance
Our Data Processing Agreement (including GDPR Standard Contractual Clauses) is incorporated by reference.
A current list of subprocessors (including AI vendors) is maintained and referenced in the DPA.
2.5 Data Retention and Deletion
Upon termination, Customer Data will be deleted within 30 days unless legal obligations require retention.
2.6 Data Portability
Upon written request, and where required by law or contract, Burón will provide a reasonable export of Customer Data.
2.7 AI Model Use and Personalization
Burón does not use Customer Data to train or personalize general-purpose AI models. If organization-specific AI models are enabled, those models will only be accessible within your organization.
3. Customer Responsibilities
3.1 Compliance
You are responsible for ensuring that all use of the Service, and all Customer Data, complies with applicable law and third-party rights.
3.2 Account Management
You must designate an account owner, keep contact information current, and promptly inform Burón of unauthorized access or security incidents.
3.3 Acceptable Use
You may not:
- Use the Service to infringe third-party rights or laws;
- Resell, sublicense, or offer the Service to others except as expressly permitted;
- Reverse-engineer, decompile, or otherwise attempt to access the Service's source code;
- Use the Service to build competing products;
- Circumvent Service security or usage limits.
4. Fees and Payment
4.1 Fees
You agree to pay fees as described in your Order, Subscription Plan, or on our website. Access to certain features, modules, or services may require separate subscriptions or additional fees.
4.2 Payment Terms
Fees are due as specified (credit card immediate, invoice net 30). Burón may suspend or terminate access for overdue or unpaid accounts.
4.3 Fee Changes
Burón may change fees for any renewal period, with at least 30 days' notice.
4.4 Third-Party Costs
You are responsible for all costs incurred through your use of:
- Connected data warehouses and storage services
- Third-party APIs (including AI services) accessed through your own credentials
- External integrations and data sources connected to the Service
If you choose to access third-party APIs (including AI services) using Burón's credentials, these services may be billed to you at the underlying provider's cost plus a service fee, as specified in your Order or Pricing Page.
All such costs are separate from, and in addition to, Burón's subscription fees.
5. Confidentiality
5.1 Obligations
Both parties agree to protect each other's Confidential information using the same degree of care as their own. Confidential information may only be used as needed to perform under these Terms of Service.
5.2 Exclusions
Confidential Information does not include information that is public, rightfully obtained from third parties, independently developed, or required to be disclosed by law (with notice, where possible).
6. Intellectual Property
6.1 Burón IP
Burón and its licensors retain all rights to the Service, technology, and documentation. No rights are granted except as expressly provided.
6.2 Customer IP
You retain all rights to Customer Data and materials provided to the Service.
6.3 Feedback
Burón may use any feedback or suggestions you provide, without obligation.
7. Branding & Publicity
7.1 Logo and Name Use
Burón may use your company name and logo as a reference client on its website and marketing materials, without further approval.
7.2 Customer Stories
Burón may also publish customer stories, case studies, or testimonials, these require your prior written review and approval.
8. Beta / Experimental Features
8.1 No Warranty or Liability
Beta or experimental features are provided "as-is" and "as-available," with no warranty, support, or liability.
8.2 Changes and Removal
Burón may modify or discontinue Beta Features at any time without notice.
9. Warranties and Disclaimers
9.1 Service Warranty
Burón warrants that the Service will substantially conform to its documentation.
9.2 No Other Warranties
Except as expressly stated, Burón disclaims all warranties, express or implied, including fitness for a particular purpose, merchantability, and non-infringement.
10. Limitation of Liability
10.1 Liability Cap
Burón's total aggregate liability is limited to the fees paid by Customer in the twelve (12) months prior to the claim.
10.2 No Consequential Damages
Neither party is liable for indirect, incidental, special, punitive, or consequential damages.
10.3 Exclusions
These limitations do not apply in cases of willful misconduct, gross negligence, death, or liability that cannot be excluded by law.
11. Indemnification
11.1 By Burón
Burón will defend and indemnify you against third-party claims that the Service infringes their intellectual property rights, provided you promptly notify Burón and cooperate.
11.2 By Customer
You will defend and indemnify Burón against claims arising from your Customer Data, use of the Service, or violation of this Agreement.
12. Term, Termination, and Suspension
12.1 Term
This Agreement begins on the Effective Date and continues until terminated as specified herein.
12.2 Termination
Either party may terminate for material breach with 30 days' written notice and opportunity to cure.
For fixed-term licenses: Customers may terminate for convenience with 30 days' notice, but remains liable for all fees due under the full term.
For month-to-month subscriptions: Either party may terminate for convenience with 30 days' notice.
12.3 Effect of Termination
Upon termination, your right to use the Service ceases and all Customer Data will be deleted within 30 days, subject to data retention obligations.
12.4 Suspension
Burón may suspend access to the Service for non-payment, material breach, or security risk.
13. Governing Law and Dispute Resolution
13.1 Governing Law
This Agreement is governed by the laws of the Netherlands.
13.2 Jurisdiction
All disputes shall be exclusively resolved by the competent courts of Amsterdam, the Netherlands.
14. Miscellaneous
14.1 Assignment
Neither party may assign or transfer this Agreement without written consent, except in connection with a merger, acquisition, or sale of all assets.
14.2 Force Majeure
Neither party is liable for failure to perform due to circumstances beyond reasonable control.
14.3 Severability and Waiver
If any provision is unenforceable, the remainder remains in effect. No waiver of rights is effective unless in writing.
14.4 Entire Agreement
This Agreement, together with incorporated documents (Privacy Policy), is the complete agreement and supersedes prior agreements.
14.5 Amendments
Burón may update these Terms; changes will be effective at the start of the next renewal or as required by law.
14.6 Notices
All notices must be in writing and sent to the contacts specified in your account or to legal@buron.ai.
Last Updated: Jul 18, 2025