Terms of Service

Welcome to Orchetta. These Terms of Service ("Terms") govern your access to and use of the Orchetta customer journey mapping service, including our website at www.orchetta.com and any related software, applications, and services (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, you may not use the Service.

2. Description of Service

Orchetta provides a cloud-based customer journey mapping platform that enables users to visualize, organize, and manage customer experiences. The Service includes features for creating journeys, tracking touchpoints, managing objects, and collaborating with team members.

3. User Accounts and Registration

To use certain features of the Service, you must create an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and update your information to keep it accurate and current
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account
• Be at least 13 years of age to use the Service

4. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

• Violate any applicable laws or regulations
• Infringe upon the rights of others, including intellectual property rights
• Upload or transmit malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to the Service or related systems
• Interfere with or disrupt the Service or servers
• Use the Service to send spam or unsolicited communications
• Impersonate others or misrepresent your affiliation
• Collect or harvest information about other users
• Use the Service for any illegal or unauthorized purpose

5. User Content

You retain all rights to the content you create, upload, or share through the Service ("User Content"). By submitting User Content, you grant Orchetta a worldwide, non-exclusive, royalty-free license to:

• Use, store, and process your User Content to provide the Service
• Display User Content to you and authorized members of your organization
• Make backup copies for security and reliability purposes

You are solely responsible for your User Content and the consequences of sharing it. You represent that you have all necessary rights to submit User Content and that it does not violate any laws or third-party rights.

6. Subscription Plans and Billing

Orchetta offers various subscription plans with different features and pricing:

• Payment: You agree to pay all fees associated with your chosen subscription plan
• Billing Cycle: Subscriptions are billed on a recurring basis (monthly or annually)
• Auto-Renewal: Your subscription will automatically renew unless you cancel before the renewal date
• Price Changes: We may change subscription prices with 30 days' notice
• Refunds: We do not provide refunds except as required by law
• Cancellation: You may cancel your subscription at any time through your account settings

7. Intellectual Property Rights

The Service, including its design, features, functionality, and all content provided by Orchetta, is owned by Orchetta Inc. and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.

8. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy. By using the Service, you consent to our privacy practices as described in the Privacy Policy.

9. Service Availability and Modifications

We strive to provide reliable and uninterrupted Service, but we cannot guarantee that the Service will always be available or error-free. We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We will not be liable for any modification, suspension, or discontinuation of the Service.

10. Termination

We may terminate or suspend your access to the Service at any time, with or without cause or notice, for conduct that we believe:

• Violates these Terms or our policies
• Is harmful to other users, third parties, or our business interests
• Involves fraudulent or illegal activity

Upon termination, your right to use the Service will immediately cease. We may delete your account and User Content, although we may retain certain information as required by law or for legitimate business purposes.

11. Disclaimers and Limitation of Liability

Disclaimers: The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties, including but not limited to:

• Implied warranties of merchantability and fitness for a particular purpose
• Non-infringement of third-party rights
• Uninterrupted, secure, or error-free service

Limitation of Liability: To the maximum extent permitted by law, Orchetta shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from:

• Your use or inability to use the Service
• Any unauthorized access to or use of our servers or any personal information stored therein
• Any bugs, viruses, or harmful code transmitted through the Service
• Any errors or omissions in any content or any loss or damage incurred as a result of your use of any content

12. Indemnification

You agree to indemnify, defend, and hold harmless Orchetta Inc., its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in any way connected with your access to or use of the Service, your User Content, or your violation of these Terms.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law provisions. Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in Toronto, Ontario, except where prohibited by law.

14. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after such changes constitutes your acceptance of the modified Terms.

15. General Provisions

Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Orchetta regarding the Service.

Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Waiver: No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

Assignment: You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction.

16. Contact Information

If you have any questions, concerns, or feedback regarding these Terms, please contact us: