Terms of Use

AGREEMENT TO TERMS
These Terms of Use ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("Client," "You"), and BURAK Consulting and Advisory ("BURAK," "Company," "We," "Us," or "Our"), concerning your access to and use of the burak-consulting.com website (the "Site") and our consulting services ("Services").

IMPORTANT: These Terms contain provisions that limit our liability and absolve us of any obligations, including an absolute monetary cap on damages, and require mandatory indemnification with defense control. By accessing the Site or engaging our services, you accept these Terms in full.

1. Global Service Delivery Model & Independent Network

BURAK Consulting and Advisory operates under a distributed global framework. By engaging our services, you explicitly acknowledge and accept our delivery model:

• Localized Strategy, Global Execution: While a dedicated lead strategist may be working locally to facilitate communication and ensure privacy and security, every project is powered by our curated global network of specialized consultants and advisors.
• Global Network of Experts: We do not rely on a centralized workforce. Instead, we utilize a vetted network of independent experts, specialized consultants, and strategic advisors located in key global markets, i.e. North America, Asia, and Middle East.
• Independent Contractors: BURAK shall not be liable for the acts or omissions of network consultants, independent experts, specialized contractors, and strategic advisors. BURAK acts as the central managing entity, which constitutes a global knowledge arbitrage.

2. No Professional Advice (Investment, Legal, Tax)

THE CONTENT AND FUNCTIONALITY ON THE SITE IS PROVIDED WITH THE UNDERSTANDING THAT BURAK IS NOT HEREIN ENGAGED IN RENDERING PROFESSIONAL ADVICE OR SERVICES TO YOU. NO SITE CONTENT OR DELIVERABLE IS INTENDED TO SERVE AS OR SHALL BE DEEMED INVESTMENT, LEGAL, TAX, ACCOUNTING OR OTHER REGULATED ADVICE.

YOU SHALL REMAIN SOLELY RESPONSIBLE FOR YOUR USE OF ALL SITE CONTENT AND ACKNOWLEDGE THAT ANY RELIANCE UPON THE SITE CONTENT SHALL BE ENTIRELY AT YOUR SOLE OPTION AND RISK.

3. Intellectual Property Rights

A. Ownership and Background IP

Unless explicitly stated in a separate Master Services Agreement (MSA), BURAK retains all ownership, rights, title, and interest in and to its "Background IP"—including but not limited to proprietary methodologies, AI algorithms, code libraries, frameworks, and know-how developed prior to or independently of your specific project. You are granted a non-exclusive, non-transferable license to use such Background IP solely as embedded within the final deliverables.

B. The "No-Logo" Confidentiality Policy

We operate under a strict Confidentiality Commitment. To protect our clients' competitive advantages and strategic initiatives:

• We deliberately refrain from publishing client logos, names, or identifiable attributes on our website, social media, or marketing materials.
• We choose to let our results speak for themselves rather than leveraging client brand equity for our own promotion.
• Consequently, you agree that you shall not require BURAK to display your logo or the logo or our clients, nor shall the absence of such display be deemed a failure of marketing or partnership obligations.

4. Marketing Representations & Success Stories

The Site and our marketing materials contain statistics, case studies, success stories, and testimonials ("Marketing Data"). You strictly acknowledge that:

• Marketing Purposes Only: All Performance Data, including numbers, percentages, ROI calculations, and success narratives are for marketing and illustrative purposes only.
• No Guarantee of Results: We do not guarantee or indicate similar results. Success depends on infinite variables, including market conditions and internal client execution.
• Forward-Looking Statements: Materials may contain forward-looking statements that involve risks and uncertainties. We assume no obligation to update these statements.

5. Disclaimer of Warranties

THE SITE AND SERVICES ARE PROVIDED ON AN "AS-IS," "AS-AVAILABLE," AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BURAK CONSULTING DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BURAK DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

6. Limitation of Liability

ABSOLUTE CAP ON LIABILITY: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BURAK CONSULTING, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, INDEPENDENT CONSULTANTS, OR ADVISORS (COLLECTIVELY, "BURAK PARTIES") BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR SERVICES, EVEN IF BURAK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

MONETARY CAP: NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO BURAK CONSULTING DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $1,000 CAD.

7. Indemnification

You hereby defend, indemnify, and hold harmless BURAK Consulting and all of its predecessors, successors, parents, subsidiaries, affiliates, officers, directors, shareholders, investors, employees, agents, representatives, and its curated global network of specialized consultants (collectively, "Indemnified Parties") from and against any and all liability, expenses, costs, or other losses (“Losses”) incurred by BURAK and/or Indemnified Parties in connection to any claims arising out of your use of the Site or Service, your violation of third-party rights, or any breach by you of these Terms.

Control of Defense: BURAK reserves the right to assume, at its own expense (reimbursable by you under this indemnity), the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any matter without the written consent of BURAK.

8. AI & Technology Specifics

In delivering AI and Automation services, BURAK may utilize third-party Foundation Models (e.g., ChatGPT, Gemini, Copilot). We assume no liability for the intrinsic behaviors, "hallucinations," downtime, or policy changes of these third-party providers. You accept the probabilistic nature of AI technologies and agree that human-in-the-loop verification is required for critical decision-making.

8. User Conduct & Prohibited Acts

You agree not to: (i) use any robot, spider, or other automatic device to monitor or copy our Services, Site content; (ii) reverse engineer, decompile, or disassemble any of the software or AI models used on the Site; (iii) introduce any viruses or malicious code; or (iv) use the Site to distribute unsolicited commercial email ("spam").

9. Governing Law and Dispute Resolution

These Terms and your use of Services and the Site are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law principles.

Any dispute arising hereunder shall be submitted to the exclusive jurisdiction of the courts located in Toronto, Ontario. However, given our scale, BURAK reserves the right to seek injunctive relief in any jurisdiction where you operate or where your assets are located to protect our Intellectual Property or Confidential Information.

10. Contact Us