Terms of Service

1. Eligibility

You must be at least 18 years old (or the age of digital consent in your jurisdiction, whichever is higher) to use this Site. By using the Site, you represent and warrant that you meet this requirement. The Site is intended for adult professional use; it is not directed to children.

2. Account Registration

Certain features (notably the admin panel) require account registration. When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your information
• Maintain the security of your password and credentials
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use

We reserve the right to suspend or terminate accounts that contain false, outdated, or misleading information, or that we reasonably suspect are being used in violation of these Terms.

3. Acceptable Use

You agree NOT to use the Site to:

• Violate any applicable law, regulation, or third-party right
• Upload, post, or transmit malicious code, viruses, or any content intended to harm or disrupt the Site
• Attempt to gain unauthorized access to the Site, other accounts, or computer systems connected to the Site
• Probe, scan, or test the vulnerability of the Site or bypass security measures (Cloudflare's WAF, Bot Fight Mode, and rate limits are active)
• Scrape, crawl, or use automated means to access the Site without our express written permission
• Send unsolicited communications, promotions, advertisements, or spam
• Impersonate any person or entity, or falsely state your affiliation
• Upload content that is unlawful, infringing, defamatory, obscene, or harmful
• Interfere with or disrupt the Site, its servers, or any networks connected to the Site
• Bypass rate limits (5 req/min on /api/notify, 10 req/5min on /api/crm/login, 60 req/min on /api/admin/*) or attempt to evade the same

Violations may result in immediate suspension, IP-level blocking at the Cloudflare edge, and referral to law enforcement where appropriate.

4. Intellectual Property

4.1 Our IP

The Site, including its design, text, graphics, logos, icons, images, audio clips, video clips, software, and the selection and arrangement thereof (collectively, the "Content"), is the property of Orchards or its licensors and is protected by copyright, trademark, and other intellectual property laws. The Orchords name, logo, and related marks are trademarks of Orchards. You may not use our trademarks without our prior written permission.

4.2 Limited License to You

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Site for your personal or internal business purposes. This license does not include the right to:

• Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content
• Use the Site or any Content for any commercial purpose not expressly approved by us
• Use any data mining, robots, scraping, or similar data gathering methods
• Reverse engineer, decompile, or disassemble the Site

4.3 Your Content

By submitting content to us (e.g., via the contact form, the CRM inbox, or feedback), you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, and display such content for the purpose of operating and improving the Site. You represent and warrant that you own or have the necessary rights to submit such content and that it does not violate any third party's rights.

5. Subscriptions and Email Communications

By providing your email address through the notify form, you consent to receive:

1. An immediate confirmation email acknowledging your signup
2. A single launch announcement when the Site goes live

We do not send recurring newsletters, marketing emails, or third-party promotional content. Every email we send relates directly to your subscription.

Unsubscribe: Every email we send includes a one-click unsubscribe mechanism (List-Unsubscribe header per RFC 8058). You may also unsubscribe by replying "unsubscribe" to any email, or by emailing [email protected]. We process unsubscribe requests within 10 business days, typically within 24 hours.

Transactional emails (account verification, security notifications, password resets) are not subject to unsubscribe, as they are necessary for service operation.

6. Service Availability and Modifications

The Site is provided "AS IS" and "AS AVAILABLE." We do not guarantee that the Site will be uninterrupted, secure, or error-free. We reserve the right to:

• Modify, suspend, or discontinue the Site (or any part of it) at any time, with or without notice
• Impose limits on certain features, restrict access to parts of the Site, or close the Site indefinitely
• Change the pricing of paid features (with 30 days' notice to existing users)

We will not be liable for any modification, suspension, or discontinuation of the Site.

7. Third-Party Services

The Site relies on the following third-party services:

• Cloudflare, Inc. — edge network, WAF, DNS, transactional email (when enabled). Their privacy policy and terms of service apply to data they process.

When we add paid features in the future, additional processors (e.g., Stripe for payments) will be listed in our Privacy Policy.

We are not responsible for the availability, accuracy, or content of third-party services.

8. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY DEFECTS WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ORCHARDS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
• LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
• DAMAGES RESULTING FROM (A) YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY; (C) ANY CONTENT OBTAINED FROM THE SITE; OR (D) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SITE SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100) OR THE EQUIVALENT IN YOUR LOCAL CURRENCY.

10. Indemnification

You agree to defend, indemnify, and hold harmless Orchards and its officers, directors, employees, agents, suppliers, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site.

11. Termination

We may terminate or suspend your access to the Site at any time, with or without cause, with or without notice, including (without limitation) if we believe that you have breached these Terms. Upon termination:

• Your right to use the Site ceases immediately
• We may delete your account, content, and data
• Provisions of these Terms that by their nature should survive termination will survive (e.g., Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Governing Law)

You may stop using the Site at any time. To request account deletion, email [email protected].

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without giving effect to any conflict of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

12.2 Informal Resolution

Before filing any formal dispute, you agree to contact us at [email protected] with a description of the dispute and your contact information. We will attempt to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 30 days of submission, you or Orchards may pursue formal resolution.

12.3 Binding Arbitration (where enforceable)

For users in jurisdictions that permit it, any dispute arising out of or relating to these Terms or the Site that cannot be resolved informally shall be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted by a single arbitrator in English. Judgment on the award may be entered in any court of competent jurisdiction.

12.4 Exceptions

Notwithstanding the above, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or stop infringement of intellectual property rights or unauthorized access to data.

12.5 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. If this class action waiver is held unenforceable, the arbitration agreement shall not apply.

12.6 EU Consumers

If you are a consumer in the EU/EEA, you may also bring proceedings in the courts of your country of residence. The European Commission's online dispute resolution platform is available at ec.europa.eu/consumers/odr.

13. Export Control and Sanctions

You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. or international sanctions or export controls (including, but not limited to, Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions). You agree not to use the Site if doing so would violate the Export Administration Regulations or the International Traffic in Arms Regulations.

14. Accessibility

We strive to make the Site accessible to all users, including those with disabilities. The Site is built to WCAG 2.2 AA conformance. If you encounter accessibility issues, please contact [email protected] so we can address them.

15. Changes to These Terms

We may update these Terms from time to time. The "Last updated" date at the top reflects the effective date. Material changes will be notified via email to subscribers at least 30 days before the change takes effect, except where a shorter period is required by law. Continued use of the Site after the effective date constitutes acceptance of the revised Terms.

16. Miscellaneous

• Entire Agreement: These Terms and the Privacy Policy constitute the entire agreement between you and Orchards regarding the Site.
• Severability: If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force and effect.
• No Waiver: Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
• Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign these Terms to any successor or acquirer.
• No Agency: Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and Orchards.
• Headings: Section headings are for convenience only and have no legal effect.

17. Contact

For questions about these Terms:

• Email: [email protected]
• Privacy questions: [email protected]
• Security disclosures: [email protected]
• Accessibility: [email protected]