Terms and conditions

Version 1.0 – Last updated February 3, 2025

1. GENERAL

  1. These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Bonsai NV (“Auric,” “Company,” “we,” “us,” or “our”), concerning your access to and use of the https://auric.cloud/ website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Website”). We are registered in Belgium and have our registered office at Jules Destréelaan 63B, Ghent 9050. Our VAT number is BE0663.774.859.
  2. Supplemental terms and conditions or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use from time to time. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms every time you use our Website so that you understand which Terms apply. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Website after the date such revised Terms of Use are posted. You agree and acknowledge that separate terms (such as license or software as-a-service terms) will apply to Auric’s products and services.
  3. The information provided on the Website is not intended for distribution to or use by any person or entity in a jurisdiction where such distribution or use would be contrary to law or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

2. ACCEPTANCE

  1. By accessing or using the Website, you agree to be bound by these Terms of Use. If you do not agree with any part of these terms, please do not use the Website.

3. INTELLECTUAL PROPERTY RIGHTS

  1. Unless otherwise indicated, the Website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”), as well as all (intellectual property) rights vested therein, are owned or controlled by us or licensed to us. The Content and the Marks are provided on the Website “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

4. USER REPRESENTATIONS

  1. By using the Website, you represent and warrant that: (i) you have the legal capacity and you agree to comply with these Terms of Use; (ii) you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise; (iii) you will not use the Website for any illegal or unauthorized purpose; and (iv) your use of the Website will not violate any applicable law or regulation.
  2. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account (if any) and refuse any and all current or future use of the Website (or any portion thereof).

5. PROHIBITED ACTIVITIES

  1. You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
  2. As a user of the Website, you agree not to: (i) interfere with the website's security or functionality; (ii) use the website for any unlawful or unauthorized purpose; (iii) attempt to gain unauthorized access to our systems or networks; (iv) engage in unauthorized framing of or linking to the Website; (v) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools (including for AI model training); and (vi) delete the copyright or other proprietary rights notice from any Content.

6. CONTRIBUTION LICENSE

  1. You agree that we may access, store, process, and use any information and personal data that you provide (“Contribution(s)”) following the terms of the Privacy Policy and your choices (including settings).
  2. With the exception of Article 6.3, we do not assert any rights or ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Website. You are solely responsible for your Contributions to the Website and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
  3. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information that relate to the Website or Auric’s products and services ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

7. THIRD-PARTY WEBSITE AND CONTENT

  1. The Website may contain (or you may be sent via the Website) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Website or any Third-Party Content posted on, available through, or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Website and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Website or relating to any applications you use or install from the Website. Any purchases you make through Third-Party Websites will be through other companies, and we have no responsibility in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

8. SITE MANAGEMENT

  1. We reserve the right, but not the obligation, to: (i) monitor the Website for violations of these Terms of Use; (ii) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (iii) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (iv) in our sole discretion and without limitation, notice, or liability, to take the Website or any part or information included therein offline; and (v) otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.

9. PRIVACY AND COOKIES

  1. We care about data privacy and security. By using the Website, you agree to be bound by our Privacy Policy posted on the Website. Information on our use of cookies on the Website can be found here.

10. TERM AND TERMINATION

  1. These Terms of Use shall remain in full force and effect while you use the Website. Without limiting any other provision of these Terms of Use, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Website (including blocking certain IP addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation.

11. MODIFICATIONS AND INTERRUPTIONS

  1. We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Website. We also reserve the right to modify or discontinue all or part of the Website without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Website.
  2. We cannot guarantee the Website will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Website at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.

12. GOVERNING LAW

  1. These conditions are governed by and interpreted following the laws of Belgium, and the use of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. You acknowledge that Auric does not have a business to consumer offering.  Auric and you agree to submit to exclusive jurisdiction of the courts of Ghent, Belgium.

13. DISCLAIMER

  1. The Website is provided on an as-is and as-available basis. You agree that your use of the Website will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

14. LIMITATIONS OF LIABILITY

  1. In no event will we or our directors, employees, agents or subcontractors 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 Website, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, and excluding damages which cannot be limited under applicable legislation, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to 1.000 EUR (one thousand euros). You agree not to make any claims towards our directors, employees, agents or subcontractors, and only direct a claim towards us.

15. INDEMNIFICATION

  1. You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (i) your use of the Website; (ii) breach of these Terms of Use; (iii) any breach of your representations and warranties set forth in these Terms of Use; or (iv) your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

16. MISCELLANEOUS

  1. These Terms of Use and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and us with regard to your use of the Website. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions, and will be replaced by a valid provision which is closest the the Parties intent behind the replaced provision. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Website. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

17. CONTACT US

  1. In order to resolve a complaint regarding the Website or to receive further information regarding use of the Website, please contact us at:
    BONSAI NV
    Jules Destréelaan 63B
    9050 Ghent
    Belgium