Orchive Terms of Service

Last updated: May 3, 2025

These Terms of Service ("Terms") constitute a binding legal agreement between Orchive, Inc. and the person or entity ("Customer," "you," or "user") accessing or using the Orchive Services. By creating an account, clicking "I Agree," or otherwise using the Services, you accept these Terms.

NOTICE OF ARBITRATION & CLASS‑ACTION WAIVER Section 14 requires binding arbitration on an individual basis to resolve disputes.

1. Eligibility & Account Registration

You must be at least 18 years old and have the legal capacity to enter into these Terms. You agree to provide accurate information and keep your credentials secure.

2. Subscriptions & Payment

Certain features require a paid subscription. Fees, billing terms, and renewal conditions are disclosed at purchase. All payments are non‑refundable except as required by law or as expressly stated.

3. License & Acceptable Use

3.1 License

Subject to these Terms, Orchive grants you a limited, non‑exclusive, non‑transferable, revocable license to access and use the Services for your internal business purposes.

3.2 Acceptable Use

You agree not to:

  • Reverse engineer, decompile, or attempt to discover source code;

  • Bypass or interfere with security features;

  • Upload unlawful, infringing, or harmful content;

  • Use the Services to create or train competing AI models;

  • Violate applicable laws or third‑party rights;

  • Engage in any activity that overloads or disrupts the Services.

4. User Content

You retain ownership of all files, documents, and data you submit ("User Content"). You grant Orchive a worldwide, royalty‑free license to host, process, index, analyze, and display User Content solely to provide and improve the Services. You represent that you have all rights necessary to grant this license.

5. Feedback

Any suggestions or feedback you provide are voluntary and may be used by Orchive without obligation.

6. Intellectual Property

The Services, including software, interfaces, and branding, are owned by Orchive and protected by intellectual‑property laws. Except for the limited license in §3, no rights are granted.

7. Confidentiality

Each party agrees to protect the other’s non‑public information with at least reasonable care and use it only to fulfill the purpose of these Terms.

8. Third‑Party Services & Integrations

Integrations are governed by their own terms and privacy policies. Orchive is not liable for third‑party services or content.

9. Warranty Disclaimer

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORCHIVE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON‑INFRINGEMENT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORCHIVE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, DATA, OR GOODWILL. ORCHIVE’S AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ORCHIVE IN THE 12 MONTHS PRECEDING THE CLAIM.

11. Indemnification

You will indemnify and hold Orchive harmless from any claims arising out of your (a) misuse of the Services, (b) violation of these Terms, or (c) infringement of third‑party rights.

12. Suspension & Termination

We may suspend or terminate your access for violation of these Terms or to protect the Services. Upon termination, your license ends, but §§4–12 and 14 survive.

13. Changes to Terms

We may update these Terms by posting revised terms and providing 30 days’ notice for material changes. Continued use constitutes acceptance.

14. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State of California, excluding conflict‑of‑law rules.

14.1 Arbitration

Any dispute arising out of these Terms will be resolved by binding arbitration administered by the American Arbitration Association in San Francisco, California. The arbitrator’s decision is final. You waive any right to participate in a class action.

14.2 Exceptions

Either party may seek injunctive relief in any court of competent jurisdiction for intellectual‑property or security matters.

15. Miscellaneous

  • Entire Agreement: These Terms constitute the entire agreement and supersede prior agreements.

  • Assignment: You may not assign these Terms without Orchive’s prior written consent.

  • Severability: If any provision is unenforceable, the remainder survives.

  • No Waiver: Failure to enforce a provision is not a waiver.

  • Force Majeure: Orchive is not liable for delays beyond reasonable control.

16. Contact

For questions regarding these Terms, contact legal@orchive.ai or write to Orchive, Inc., 123 Market St., Suite 400, San Francisco, CA 94103, USA.


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