Terms of Service

1. Agreement

These Terms of Service (the “Terms”) are an agreement between you and Orcha LLC, a limited liability company based in Yorba Linda, California (“Orcha,” “we,” or “us”). They govern your access to and use of Orcha's websites, applications, APIs, MCP server, command-line tools, and related services (the “Services”).

By creating an account, accepting these Terms, or using the Services, you agree to these Terms. If you use the Services for an organization, you accept these Terms on its behalf and represent that you have authority to bind it, and “you” includes that organization.

Our Privacy Policy explains how we collect, use, and share personal information.

If you do not agree to these Terms, do not use the Services.

2. Eligibility

You must be at least 18 years old, or the age of majority where you live if that is higher, to use the Services. You may not use the Services if applicable law prohibits it, including U.S. export control and sanctions laws.

3. Accounts, credentials, and agents

You must give accurate account information and protect your passwords, passkeys, API tokens, and OAuth grants.

You are responsible for all activity under your account and credentials, including every action taken by an AI agent, application, or integration that you connect or authorize. Orcha is not responsible for what an agent does with access you granted, or for losses caused by credentials you shared or did not protect.

Tell us promptly at support@tryorcha.com if you believe an account or credential is compromised.

4. Subscriptions, renewal, and cancellation

Paid plans are billed in advance through our payment processor, Stripe. The price, usage limits, and billing interval are shown when you subscribe, and you authorize us and Stripe to charge them, plus applicable taxes, to your payment method.

Subscriptions renew automatically at the end of each billing period until you cancel. You can cancel at any time from the billing page in the app. Cancellation takes effect at the end of the current billing period, and you keep access until then.

Fees are non-refundable, including for partial billing periods and unused allowances, except where the law requires a refund.

We may change prices by giving you at least 30 days' notice before the new price applies to your next renewal. If you do not agree to a change, cancel before it applies.

If a payment fails, we may limit, downgrade, or suspend your account until the balance is paid. Free plans and free allowances may change or end at any time.

5. Acceptable use

You may not use the Services to:

• violate applicable law or another person's rights;
• upload malware or attempt to gain unauthorized access to systems or data;
• interfere with, overload, or bypass security controls or usage limits protecting the Services;
• store or process protected health information, payment card data, or other data that requires special legal safeguards, unless we have agreed to it in writing;
• reverse engineer the Services, except where the law expressly permits it, or access them by automated means other than our published APIs, MCP server, and command-line tools;
• resell the Services or use them to build a competing product, except as your plan expressly permits; or
• use credentials, APIs, or MCP tools outside their authorized scope.

We may investigate suspected violations and may remove content, revoke credentials, or suspend access to stop them.

6. Your content

You keep ownership of the content you submit to Orcha and the content we sync from sources you connect (“Your Content”). You grant Orcha a limited license to host, process, transmit, back up, and display Your Content only as needed to provide, maintain, secure, and support the Services for you. This license does not let Orcha use Your Content to train machine-learning models.

You represent that you have every right and permission needed to submit Your Content and to connect each third-party account, including any approval your employer or the account owner requires.

We do not review Your Content and have no duty to monitor it, but we may remove or disable content that we reasonably believe violates these Terms or the law.

Orcha is not a backup service. You are responsible for keeping your own copies of content that matters to you.

7. AI agents and search results

Orcha returns stored and indexed content to you and to the agents you authorize. Search results, citations, summaries, and other output can be incomplete, out of date, or wrong, and an AI agent can misread or misuse them. You are responsible for checking output before you rely on it and for the decisions and actions that you or your agents take based on it.

8. Feedback and usage data

If you or your agents send us feedback or suggestions, we may use them for any purpose without obligation or payment to you.

We may collect usage data and create aggregated, de-identified statistics to operate, secure, and improve the Services. Usage data does not include the contents of Your Content.

9. Orcha property

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable right to use the Services while your account is active. Orcha and its licensors keep all rights in the Services, software, documentation, branding, and other materials we provide. These Terms do not give you ownership of the Services or permission to use our marks without our prior written approval.

10. Third-party services and connected sources

The Services can connect to third-party products. Your use of those products is governed by their own terms and privacy practices, and you are responsible for following them.

Orcha does not control third-party products and is not responsible for their availability, for changes to their APIs or terms, or for their revocation of access, any of which can stop syncing or remove content from your index.

11. Beta features

Features we label as beta, preview, or experimental are provided as is, may change or end at any time, and are not covered by any service commitment.

12. Service changes and availability

We may update, suspend, or discontinue features and may apply reasonable usage or security limits. We will give notice when reasonably practicable if a material change adversely affects a paid plan.

13. Suspension and termination

You may stop using Orcha and close your account at any time. We may suspend or terminate your access to address a security risk, a legal requirement, nonpayment, or a breach of these Terms.

After your account ends, we may delete Your Content as described in our Privacy Policy and have no obligation to keep it. Export anything you need before you close your account. Sections that by their nature should survive termination, including those on fees owed, disclaimers, limitation of liability, indemnification, and disputes, remain in effect.

14. Copyright complaints

If you believe content in the Services infringes your copyright, send a notice to support@tryorcha.com with the information required by 17 U.S.C. § 512(c)(3). We may remove the content and will terminate the accounts of repeat infringers in appropriate circumstances.

15. Disclaimers

To the extent permitted by law, the Services are provided “as is” and “as available” without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

We do not warrant that the Services will be uninterrupted, error-free, or secure, that content will not be lost or corrupted, or that search results or other output will be accurate or complete.

16. Limitation of liability

To the extent permitted by law, Orcha will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, goodwill, or business opportunities, arising from or relating to the Services or these Terms.

To the extent permitted by law, Orcha's total liability for all claims arising from or relating to the Services or these Terms will not exceed the greater of the amounts you paid Orcha for the Services in the 12 months before the event that gave rise to the claim, or US$100.

These limits apply to every theory of liability, including contract, tort, and negligence, even if we were told the damages were possible and even if a limited remedy fails of its essential purpose. Some jurisdictions do not allow certain disclaimers or limits, so some of them may not apply to you.

17. Indemnification

You will defend, indemnify, and hold harmless Orcha and its members, managers, employees, and agents from any third-party claim, and the related losses, damages, and costs (including reasonable attorneys' fees), that arises from Your Content, the sources you connect, the actions of agents or integrations you authorize, your use of the Services in breach of these Terms, or your violation of law or another person's rights.

18. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles.

Before you file a claim, you agree to send a written description of the dispute to support@tryorcha.com and to try in good faith to resolve it with us for 30 days.

Any dispute arising from or relating to these Terms or the Services will be brought only in the state or federal courts located in Orange County, California, and you and Orcha consent to the personal jurisdiction of those courts. Either party may seek injunctive relief in any court of competent jurisdiction to protect its intellectual property.

To the extent permitted by law, any claim arising from or relating to these Terms or the Services must be filed within one year after it arises, or it is permanently barred.

19. General

These Terms, together with any plan terms shown at purchase, are the entire agreement between you and Orcha about the Services. If any provision is found unenforceable, it will be enforced to the maximum extent permitted and the rest of these Terms will remain in effect. Our failure to enforce a provision is not a waiver.

You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control. We may send notices to the email address on your account, and you may send notices to support@tryorcha.com. There are no third-party beneficiaries of these Terms.

20. Changes to these Terms

We may update these Terms as the Services or our legal obligations change. For material changes, we will notify you by email or in the app before they take effect. Changes take effect on the date stated in the notice or, if none is stated, when we post them. If you continue to use the Services after that date, you accept the revised Terms. If you do not agree, stop using the Services and cancel your subscription.

21. Contact

Questions about these Terms can be sent to support@tryorcha.com.