Terms of Use

These Terms of Use ("Terms") govern access to and use of the websites, software platforms, applications, products, artificial intelligence features, integrations, and related services provided by Orcaworks Inc., a Delaware corporation ("Orcaworks," "we," "us," or "our"), including orcaworks.ai (collectively, the "Services").

By accessing or using the Services, creating an account, or otherwise accepting these Terms, you agree to these Terms and acknowledge our Privacy Policy.

Use of the Orcaworks Chrome Extension is additionally subject to the Orcaworks Chrome Extension Terms of Use.

1. Orcaworks Services

Orcaworks provides agentic artificial intelligence, workflow automation, process automation, integrations, and related enterprise technologies.

Services may enable authorized users to automate workflows, interact with business applications, process and organize information, extract or summarize information, generate content or recommendations, execute authorized actions, and integrate with third-party systems.

Specific features, pricing, implementation obligations, usage limits, service levels, and commercial terms may be established in an Order Form, Statement of Work ("SOW"), Master Services Agreement ("MSA"), or other written agreement.

If these Terms conflict with a separately executed agreement concerning the applicable Services, the executed agreement will control to the extent of the conflict.

2. Eligibility and Authorized Users

Users must be legally capable of complying with these Terms and authorized to use the applicable account.

Organizations are responsible for determining authorized users and maintaining appropriate permissions.

3. Accounts and Security

Users agree to provide accurate account information, protect credentials, use reasonable safeguards against unauthorized access, promptly report suspected security incidents, and use the Services only within their authorization.

4. Customer Responsibilities

Customers and authorized users are responsible for:

• Having lawful authority to submit, connect, access, and process information;
• Configuring workflows appropriately;
• Managing permissions;
• Reviewing AI outputs and automated actions;
• Maintaining appropriate backups and business-continuity procedures;
• Complying with applicable law; and
• Determining whether outputs and actions are appropriate for their intended use.

5. Artificial Intelligence and Automated Actions

The Services may use AI, machine learning, large language models, autonomous or semi-autonomous agents, and automation technologies.

AI-generated outputs may contain errors, inaccuracies, omissions, or unexpected results. Customers must maintain appropriate human oversight, particularly where outputs or automated actions could materially affect legal rights, employment, finances, healthcare, safety, compliance, or other consequential matters.

Unless expressly agreed otherwise, Orcaworks does not provide legal, financial, medical, employment, regulatory, or other professional advice through AI features.

6. Customer Data

Customers retain their rights in information, documents, communications, files, records, and other data submitted, connected, accessed, or processed through the Services.

Customers grant Orcaworks rights reasonably necessary to process Customer Data to provide and secure the Services, execute authorized workflows, provide support, fulfill contractual obligations, and comply with applicable law.

Processing of Personal Information is also governed by the Orcaworks Privacy Policy and applicable data-processing agreements.

7. Acceptable Use

Users may not use the Services to:

• Violate law or third-party rights;
• Access information without authorization;
• Circumvent security controls;
• Introduce malware;
• Interfere with the Services;
• Improperly share credentials;
• Unlawfully scrape or extract information;
• Reverse engineer Orcaworks technology except where restrictions are prohibited by law;
• Use Orcaworks proprietary technology to develop or materially improve competing products except as expressly authorized;
• Submit information they lack authority to process; or
• Use AI or automated functionality for unlawful, deceptive, harmful, or unauthorized purposes.

8. Privacy and Data Protection

Orcaworks' handling of Personal Information is described in the Orcaworks Privacy Policy.

Customers are responsible for required notices, permissions, consents, and lawful bases applicable to Customer Data they make available through the Services.

9. Third-Party Services

Services may connect to third-party applications, APIs, models, platforms, and other services. Such services may be subject to independent terms and privacy practices.

Customers are responsible for authorizing integrations and ensuring appropriate rights to connect and process information through them.

10. Fees and Payment

Pricing, subscriptions, implementation fees, payment schedules, renewals, usage limits, and other commercial terms may be governed by an Order Form, SOW, MSA, or other agreement.

11. Intellectual Property

Orcaworks and its licensors retain all rights in the Services and related software, interfaces, designs, workflows, models, algorithms, prompts, documentation, trademarks, and technology.

No intellectual property rights are transferred except for limited rights expressly granted to use the Services.

12. Feedback

Orcaworks may use feedback, recommendations, and suggestions to develop and improve its Services without restriction or compensation, provided Orcaworks does not publicly identify the source without permission.

13. Confidentiality

Information exchanged between Orcaworks and customers may be subject to an MSA, NDA, SOW, or other agreement. These Terms do not replace confidentiality obligations in separately executed agreements.

14. Security

Orcaworks maintains administrative, technical, and physical safeguards designed to protect the Services and information processed through them.

Customers remain responsible for securing their devices, networks, credentials, permissions, and connected systems.

15. Service Availability and Changes

Orcaworks may update, improve, replace, modify, or discontinue features. Specific service-level or availability commitments will be governed by applicable written agreements.

16. Suspension and Termination

Orcaworks may suspend or restrict access where reasonably necessary because of material violations, security threats, unauthorized access, nonpayment, legal requirements, or other circumstances permitted under applicable agreements.

17. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," EXCEPT FOR WARRANTIES EXPRESSLY PROVIDED IN WRITING.

ORCAWORKS DOES NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR THAT EVERY AI OUTPUT OR AUTOMATED ACTION WILL BE COMPLETE OR ACCURATE.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORCAWORKS AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITY, DATA, OR GOODWILL.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORCAWORKS' AGGREGATE LIABILITY ARISING FROM THESE TERMS WILL NOT EXCEED AMOUNTS PAID OR PAYABLE FOR THE APPLICABLE SERVICES DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Any separately executed agreement expressly addressing liability will control where applicable.

19. Indemnification

To the extent permitted by law, organizations using the Services agree to defend, indemnify, and hold harmless Orcaworks and its affiliates, officers, directors, employees, and agents from third-party claims arising from unlawful use, unauthorized Customer Data, material violations of these Terms, or violations of law or third-party rights.

20. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles, except where applicable law requires otherwise.

Any dispute not governed by a separately executed agreement will be subject to the exclusive jurisdiction of the appropriate state or federal courts located in Delaware, unless applicable law requires otherwise.

21. Changes

Orcaworks may update these Terms periodically. Continued use following the effective date of updated Terms constitutes acceptance to the extent permitted by law.

22. Contact

Orcaworks Inc.
One Glenlake Parkway, Suite 525
Atlanta, GA 30328
United States

Email: contracts@orcaworks.ai