1. Agreement and eligibility
These Terms of Service (“Terms”) govern your use of orca.ms, the hosted application at app.orca.ms, and related Orca services operated by Megafauna Inc. (“Orca,” “we,” “us,” or “our”). Our Privacy Policy explains how information is handled.
By creating an account or otherwise agreeing to these Terms, you agree to follow them. If you use Orca for a business or organization, you represent that you have authority to act for that organization. You must be at least 18 years old to register for a hosted account.
You may browse the public website without registering. Particular features, accounts, beta programs, and third-party services may have additional conditions that are presented when relevant.
2. What Orca provides
Orca offers tools for service-business workflows, including customer conversations, AI-assisted responses, business setup, and related operations. Features vary by plan, deployment, and development stage.
The marketing-site guest chat is a limited demonstration. Unless a feature explicitly confirms otherwise, its simulated quotes, bookings, schedules, prices, and other outputs are illustrative only and do not create a real transaction or obligation.
3. Accounts and access
For hosted use, you must provide accurate registration information, keep your password and session access secure, and notify us if you suspect unauthorized use. You are responsible for activities carried out through your account, except where prohibited by applicable law.
Registration may involve email confirmation, consent to current terms, and creation of a workspace for your business. We may limit account or feature access while verification or required setup is incomplete. Do not share login credentials or try to access another person's workspace.
Orca may impose reasonable usage, storage, or feature limits needed to protect the platform, including separate limits for anonymous guest chat.
4. Applications and private-beta source access
Submitting an Orca Black application or a request for private-beta source-code access is an expression of interest, not an account registration, acceptance into a program, promise of a response, or grant of access. We may review, approve, defer, or decline applications at our discretion, subject to applicable law.
During the private beta, Orca's source code is not offered under a public open-source license merely because a visitor submits a request or receives information about the project. Any invitation, repository access, confidentiality requirements, contribution conditions, or license terms will be communicated separately if access is granted.
Features described as beta, preview, experimental, or early access may change or be withdrawn and should not be relied on as production-ready without appropriate testing.
5. Acceptable use
You agree not to:
- Use Orca for unlawful activities, fraud, harassment, privacy violations, or infringement of others' rights.
- Submit content you do not have the right to use, or seek unauthorized access to accounts, systems, code, or data.
- Bypass authentication, bot checks, rate limits, spending controls, or other security and usage safeguards.
- Interfere with service availability, send malicious software, or automate excessive requests to the guest demo or APIs.
- Represent AI-generated demo material as a confirmed action, real quote, or authorized commitment without independently verifying it.
We may investigate suspected misuse and restrict access when reasonably necessary to protect users, systems, and other parties.
6. Your content and AI output
You retain whatever rights you have in content you submit to Orca. You grant us and the service providers working on our behalf the limited rights needed to receive, transmit, host, process, and display that content to provide, secure, support, and improve the services in accordance with our Privacy Policy and applicable agreements.
You are responsible for ensuring that information you provide, including customer data, is lawful to collect and share with the service. If you use Orca to serve your own customers, you are responsible for any required notices, permissions, and review of automated actions in your business.
AI-generated responses can be incomplete, inaccurate, or inappropriate. Review them before relying on them for pricing, contractual commitments, regulated decisions, or other consequential uses. Orca's guest demo is not a substitute for professional advice.
7. Plans and billing
Some Orca features may be free or subject to allowances, while other plans or services may require payment or approval. Current plan descriptions, limits, and any applicable billing terms are presented through the product or agreed separately.
We will communicate material pricing or plan changes as required by law or applicable agreement. A free preview or trial does not guarantee unrestricted access, unlimited inference usage, or perpetual availability of a feature.
8. Availability and changes
We aim to keep Orca useful and available, but do not guarantee uninterrupted or error-free service. Maintenance, outages, security issues, dependencies, and product changes may affect availability. We may modify, improve, restrict, or discontinue features, subject to any specific commitments we have separately agreed with you.
We may revise these Terms. The updated date will appear at the top of this page, and we will provide additional notice or request renewed acceptance when appropriate.
9. Disclaimers and liability
To the extent permitted by applicable law, Orca and its preview features are provided on an “as available” basis without warranties that they will be uninterrupted, error-free, or suitable for every particular purpose. Nothing in these Terms excludes warranties or consumer rights that cannot lawfully be excluded.
To the extent permitted by applicable law, neither party is responsible to the other for indirect, incidental, special, consequential, or punitive losses arising from use of the service, except where that exclusion is prohibited. Any further allocation or limitation of liability agreed for a paid enterprise or other negotiated service is governed by that separate agreement.
10. Suspension and termination
You may stop using the public website or guest demo at any time. You may ask us to close your hosted account by contacting pod@orca.ms.
We may suspend or terminate access for material violations of these Terms, fraud, security risks, or legal requirements. Where appropriate, we will provide notice and an opportunity to resolve the issue. Data handling after closure is described in our Privacy Policy and any applicable customer agreement.
11. Other terms
Additional product-specific agreements, source-code licenses, or commercial terms may apply where expressly presented and accepted. If an applicable separately signed agreement conflicts with these general Terms, that agreement controls for its subject matter.
If a provision is unenforceable, the remaining provisions will continue to apply to the extent allowed by law. A failure to enforce a provision immediately does not waive the right to enforce it later.
12. Contact
For questions about these Terms, email pod@orca.ms. To learn how personal information is handled, see our Privacy Policy.