Terms of Service
Orchata LabsEffective Date: January 5, 2025
1. Acceptance of Terms
By accessing or using the Orchata platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not use the Service. Orchata Labs ("Orchata," "we," "us," or "our") reserves the right to modify these Terms at any time, with changes effective upon posting to our website.
2. Description of Service
Orchata provides a knowledge infrastructure platform that allows users to create, manage, and query knowledge spaces. Our Service enables you to upload content, connect third-party data sources, and build retrieval systems for AI applications.
3. Account Registration
To use certain features of the Service, you must create an account. You agree to provide accurate and complete information during registration and to keep your account credentials secure. You are responsible for all activities that occur under your account.
4. User Content and Data
4.1 Ownership
You retain all ownership rights to the content you upload to Orchata. We do not claim any ownership over your data, documents, or materials.
4.2 License to Orchata
By uploading content, you grant Orchata a limited, non-exclusive license to process, store, and index your content solely for the purpose of providing the Service to you. This license terminates when you delete your content or close your account.
4.3 Data Usage Commitment
We commit to the following regarding your data:
No Sale of Data: We will never sell, rent, or trade your content or personal information to third parties.
No Secondary Use: Your data is used exclusively to build and serve your knowledge spaces. We do not use your content to train AI models, for advertising, or for any purpose other than delivering the Service.
Complete Deletion: When you delete content, it is permanently removed from our systems. We do not retain copies.
5. Third-Party Integrations
5.1 Google Drive and Other Services
The Service allows you to connect third-party accounts such as Google Drive. By connecting these services, you authorize Orchata to access the content you select. You are responsible for ensuring you have the right to share any content you connect to Orchata.
5.2 Third-Party Terms
Your use of third-party services remains subject to their respective terms of service. Orchata is not responsible for the availability, accuracy, or policies of third-party services.
6. Acceptable Use
You agree not to use the Service to:
Upload content that infringes on intellectual property rights
Transmit malicious code or attempt to compromise system security
Violate any applicable laws or regulations
Interfere with other users' access to the Service
Reverse engineer or attempt to extract source code from the platform
7. Fees and Payment
Certain features of the Service may require payment. Fees are based on usage as described in our pricing documentation. You agree to pay all fees associated with your use of the Service. We reserve the right to modify pricing with reasonable notice.
8. Service Availability
We strive to maintain high availability but do not guarantee uninterrupted access to the Service. We may suspend or terminate the Service for maintenance, updates, or other operational reasons with reasonable notice when possible.
9. Intellectual Property
The Service, including its software, design, and documentation, is owned by Orchata Labs and protected by intellectual property laws. These Terms do not grant you any rights to our intellectual property except as necessary to use the Service.
10. Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. ORCHATA DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORCHATA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE TWELVE MONTHS PRECEDING THE CLAIM.
12. Indemnification
You agree to indemnify and hold harmless Orchata and its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Service, your content, or your violation of these Terms.
13. Termination
Either party may terminate this agreement at any time. Upon termination, your access to the Service will cease, and your data will be deleted in accordance with our Privacy Policy. Sections 10, 11, 12, and 14 shall survive termination.
14. Governing Law and Disputes
These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in court.
15. General Provisions
These Terms constitute the entire agreement between you and Orchata regarding the Service. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce any right does not waive that right. You may not assign these Terms without our consent.
16. Contact Information
For questions about these Terms, please contact us at support@orchata.ai.