1. Acceptance & Eligibility
By creating an account or using Orchcast, you agree to these Terms. If using the service on behalf of an organization, you represent that you have authority to bind that organization, in which case "you" refers to that organization.
You must be at least 18 years old and able to form a binding contract to create an account. Orchcast is intended for business use, such as content marketing, brand voice generation, and related commercial purposes, and is not designed or offered as a consumer product for personal, household, or non-business use.
2. Free Trial, Subscriptions & Billing
New accounts receive a 3-day free trial. A valid payment method is required to start the trial and is verified (not charged) at sign-up. If you do not cancel before the trial ends, your card is charged automatically on day 4 for the plan you selected, and your subscription begins.
Subscriptions bill monthly or annually in advance and renew automatically at the then-current price for successive terms of the same length, unless cancelled before the renewal date.
Cancellation: you may cancel at any time from your account's billing settings, which opens our payment provider's self-service portal. Cancellation is not limited to email or manual request. Cancelling stops future renewals; you keep access through the end of the period you already paid for.
Refunds: monthly subscription fees are non-refundable once a billing period has started. Annual plans are refunded on a pro-rata basis for unused full months remaining in the term if you cancel partway through; the current month is not refunded.
Plans include stated usage or generation credit limits; exceeding them may require an upgrade or incur additional usage fees as disclosed on the pricing page before you subscribe. We may change plan pricing or features with at least 30 days' notice by email or in-app notice before the change takes effect for existing subscribers.
3. Suspension & Termination
We may suspend or terminate your account, with or without notice, for violation of these Terms (including the Acceptable Use Policy), non-payment, suspected fraud or abuse, or legal requirement. You may terminate your account at any time. Upon termination, your right to use the service ends immediately; outstanding fees for the current billing period remain payable.
4. Acceptable Use
You may not use Orchcast to generate or distribute spam or unlawful marketing; impersonate any person or organization; produce fraudulent reviews; create misleading political or commercial content; harass or threaten anyone; infringe copyright or trademark rights; distribute malware or phishing content; promote illegal products or services; process personal data without authorization; generate sexual exploitation content; or automate abuse of third-party social platforms. This list is not exhaustive; see our full Acceptable Use Policy. Because Orchcast can generate and publish content on your behalf, violations here are treated seriously and may result in immediate suspension.
5. Customer Content Ownership
You retain ownership of all content, brand materials, and files you upload, and of the output you generate using Orchcast, subject to the underlying AI providers' terms and the AI-Generated Output section below. You represent that you own or have permission to use everything you upload, including logos, images, writing samples, and other brand materials, and that you are responsible for obtaining any rights needed for your use.
6. Orchcast Software Ownership
We (Orchcast, Inc.) retain all right, title, and interest in the Orchcast platform, software, models, workflows, and documentation, excluding your content. Nothing in these Terms transfers any Orchcast intellectual property to you beyond the limited right to use the service as licensed under your subscription.
7. AI-Generated Output
Orchcast uses artificial intelligence, including third-party model providers, to generate text, image, and video content. AI output may be inaccurate, incomplete, biased, or coincidentally similar to third-party content. You are responsible for reviewing all output for accuracy and appropriateness before publishing or relying on it.
We do not guarantee that any output is unique or eligible for copyright protection, or that it does not infringe a third party's rights. AI output must not be treated as legal, medical, financial, or other regulated professional advice.
8. Third-Party Integrations
Orchcast integrates with third-party services (including payment, AI model, publishing, and email providers). Your use of those integrations is also subject to the relevant third party's terms. We are not responsible for the availability, accuracy, or conduct of third-party services we integrate with but do not operate.
9. Service Availability
We aim to keep Orchcast available and reliable but do not guarantee uninterrupted or error-free operation. The service may be unavailable for maintenance, updates, or reasons outside our control, including outages at third-party providers we depend on.
10. Warranties & Disclaimers
Orchcast is provided "as is" and "as available," without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement, except where such disclaimers are not permitted by law.
11. Limitation of Liability
Our total liability for any claim is limited to fees you paid in the preceding 12 months. We are not liable for indirect, incidental, consequential, or punitive damages, including loss of profits, data, or goodwill, even if advised of the possibility of such damages.
12. Indemnification
You agree to indemnify and hold Orchcast harmless from claims, damages, and expenses (including reasonable legal fees) arising from your content, your use of the service in violation of these Terms, or your violation of any law or third-party right.
13. Dispute Resolution
If a dispute arises, we ask that you first contact us at [email protected] so we can try to resolve it directly. If we cannot resolve a dispute informally within 30 days, either party may pursue it in the courts identified under Governing Law below.
14. Governing Law
These Terms are governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. Disputes shall be resolved in the courts located in British Columbia.
15. Changes to These Terms, Plans & Features
We may update these Terms or change plans and features over time. Material changes will be posted here with an updated effective date and, where they affect your existing subscription or pricing, communicated with at least 30 days' notice before taking effect. Continued use of Orchcast after a change takes effect constitutes acceptance of the updated Terms.
16. Data Export & Deletion After Termination
After your account is terminated or you request deletion, we will make your content available for export for a limited period as described in our Privacy Policy, after which it is permanently deleted from active systems, subject to any retention required by law.
17. Contact
Questions about these Terms? Contact us at [email protected].