Terms of use

Eligibility and authority

You must be at least 18 years old and legally able to enter a contract. If you use the Services for a business or other organization, you represent that you are authorized to accept these Terms for that organization, and "you" includes both you and that organization. If you lack that authority, do not accept or use the Services.

Accounts, licenses, and permitted use

Subject to these Terms, the applicable Order, and payment of all fees, Orca grants the account holder a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during the subscription term to install and use the authorized build of Orca Browser for its intended business or personal purpose within the purchased user, seat, account, and device limits.

Accounts and license credentials may not be sold, rented, shared outside the authorized team, or used to exceed purchased limits. You are responsible for all activity through your account and approved devices and for promptly telling us if credentials, recovery material, or devices may be compromised.

Orders, delivery, and acceptance

The scope, term, users, fees, delivery date, support level, and any customer-specific work are determined by the applicable Order. Unless an Order states objective acceptance criteria, access credentials or a working download constitute delivery, and the Services are accepted when first used. Delays caused by missing customer information, access, approvals, systems, or cooperation extend affected dates reasonably.

Orca may improve or change the Services and may add, modify, or discontinue features. We will not materially reduce a paid core service during its current committed term without a commercially reasonable substitute, credit, or termination right stated in the applicable Order or required by law.

Fees, recurring charges, taxes, and refunds

You must pay the fees and on the schedule stated at checkout or in the applicable Order. Unless an Order expressly says otherwise, fees are non-cancelable and non-refundable after delivery, except to the extent a refund or cancellation right is required by law. This policy does not limit mandatory legal remedies, and it does not authorize false or abusive payment disputes.

If an offer renews automatically or continues until canceled, the checkout or Order will state the product, price, billing frequency, renewal or cancellation deadline, and available cancellation method before payment consent is requested. You authorize the disclosed recurring charges until timely cancellation. We will provide confirmations, renewal or change notices, and cancellation options where required by applicable law.

Fees exclude sales, use, and similar transaction taxes unless stated otherwise. You are responsible for such taxes, other than taxes based on Orca's net income, and Orca may calculate, collect, and remit them when required. Payment by check, bank transfer, card, payment platform, or another approved method does not change tax obligations.

Orca ownership and restrictions

Orca and its licensors own the Services, software, source code, object code, interfaces, designs, documentation, trademarks, and all related intellectual-property rights. No ownership transfers except through an express signed writing that specifically identifies the rights transferred.

Except where applicable law does not allow a restriction, you may not copy, modify, translate, create derivative works from, reverse engineer, decompile, disassemble, discover source code or underlying ideas, bypass technical or licensing controls, remove notices, benchmark for a competing product, resell, sublicense, or commercially exploit the Services outside the rights expressly granted in an Order.

Customer-specific development and feedback

Configuration, customization, integration, or development for a customer does not by itself transfer ownership. Ownership of customer-specific deliverables, pre-existing materials, reusable components, improvements, and related source code must be stated in a signed Order. If an Order is silent, Orca retains all ownership and grants the customer a license to use the delivered customization only with the Services and for the customer's internal operations during the paid term.

If you voluntarily provide ideas, suggestions, or feedback, you grant Orca a perpetual, worldwide, royalty-free right to use them without identifying you or disclosing your confidential information.

Customer data and privacy

You retain rights in information you or your authorized users provide to or process with the Services ("Customer Data"). You grant Orca the limited rights needed to host, transmit, secure, support, and provide the Services. You represent that you have all rights and notices needed to provide Customer Data and instructions to Orca.

Our Privacy Notice at https://orca-browser.com/privacy explains the account, device, encrypted synchronization, diagnostic, and support information handled by the Services. You are responsible for your endpoints, website accounts, proxy providers, credentials, lawful data collection, retention choices, and independent backups. No system can guarantee absolute security.

Confidentiality

Each party may receive non-public business, technical, or commercial information identified as confidential or that reasonably should be understood as confidential. The receiving party will use it only to perform or receive the Services, protect it with reasonable care, and disclose it only to personnel and contractors who need it and are bound by confidentiality obligations. These duties do not cover information lawfully known without restriction, independently developed, publicly available without breach, or rightfully received from another source. Legally compelled disclosure is permitted after notice when legally allowed.

Acceptable use

You must use the Services lawfully and comply with the terms and policies of websites, accounts, marketplaces, proxy services, extensions, and other systems you access. You may not use the Services to commit or facilitate fraud, deception, unauthorized access, credential theft, harassment, malware distribution, infringement, privacy violations, evasion of access or security controls, or any activity that harms Orca, another person, or a third-party service.

You may not probe, scan, overload, disrupt, or attempt to gain unauthorized access to the Services or their infrastructure; interfere with another customer; use automated activity in violation of applicable law or a third party's rules; or conceal unlawful conduct. You are responsible for your users and for configuring automation, proxies, extensions, and website access safely and lawfully.

Third-party services

The Services can interact with Chromium components, websites, accounts, proxies, extensions, payment providers, and other third-party products. Those products are governed by their own terms and privacy practices. Orca does not control and does not guarantee their availability, compatibility, decisions, account status, inventory, outcomes, or continued support. You bear the risk of third-party account restrictions and must obtain any required permissions.

Updates, beta features, and support

You must install security and compatibility updates from an authorized Orca source within a reasonable time. Preview, beta, or experimental features may be incomplete, changed, or discontinued and may be subject to additional notices. Support is provided only at the level and during the period stated in an Order.

Suspension and termination

Orca may suspend access reasonably necessary to address nonpayment, expired licensing, security risk, unlawful conduct, material breach, abuse, or harm to the Services or others. When practical, we will give notice and an opportunity to cure. Either party may terminate as stated in an Order or for an uncured material breach after reasonable written notice; immediate termination is permitted for unlawful conduct or a breach that cannot reasonably be cured.

When access ends, the license ends and you must stop using and delete unauthorized copies of the software. Accrued payment obligations and provisions concerning ownership, confidentiality, disclaimers, liability, indemnity, dispute terms, and other provisions that by their nature should survive will survive. You remain responsible for exporting and backing up Customer Data before access ends.

Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." ORCA DISCLAIMS IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. ORCA DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, THAT ALL DEFECTS WILL BE CORRECTED, OR COMPATIBILITY OR RESULTS WITH EVERY WEBSITE, PROXY, EXTENSION, ACCOUNT, DEVICE, OR WINDOWS CONFIGURATION. These disclaimers do not exclude warranties that applicable law does not permit the parties to exclude.

Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE, EVEN IF ADVISED OF THE POSSIBILITY. EXCEPT FOR PAYMENT OBLIGATIONS, VIOLATION OF ORCA'S INTELLECTUAL-PROPERTY RIGHTS, BREACH OF CONFIDENTIALITY, INDEMNIFICATION OBLIGATIONS, FRAUD, WILLFUL MISCONDUCT, OR LIABILITY THAT CANNOT LAWFULLY BE LIMITED, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING FROM THE SERVICES WILL NOT EXCEED THE FEES PAID OR PAYABLE TO ORCA FOR THE AFFECTED SERVICES DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Indemnification

You will defend and indemnify Orca and its personnel against third-party claims, damages, and reasonable costs arising from Customer Data, your users' unlawful or unauthorized use of the Services, your breach of Section 8 (Acceptable use), or your violation of another person's rights. Orca will promptly notify you, allow you to control the defense with reasonably acceptable counsel, and provide reasonable cooperation at your expense. You may not settle a claim in a way that admits fault by or imposes obligations on Orca without Orca's written consent.

Governing law and disputes

New York law governs these Terms without regard to conflict-of-law rules. The state courts located in Nassau County, New York, and the federal courts with jurisdiction over Nassau County have exclusive jurisdiction, and each party consents to personal jurisdiction and venue there. Before filing a claim, the parties will attempt in good faith for 30 days to resolve it after written notice, except that either party may seek immediate injunctive relief to protect security, confidential information, or intellectual-property rights. Nothing here limits rights that applicable law does not permit the parties to waive.

Electronic records and notices

You consent to receive these Terms, Orders, receipts, notices, and other records electronically at your account email or through the Services. Your click acceptance is intended as your electronic signature. You confirm that you can access and retain electronic records using a current web browser and ordinary save or print functions. You can retain these Terms by saving or printing the copy at https://orca-browser.com/terms. You may withdraw consent to electronic records by contacting support@orca-browser.com, but withdrawal may require ending electronically delivered Services and does not affect records already provided or agreements already formed. Contact that address if you need another copy or wish to update your notice address. Operational notices may be delivered in the Services; formal legal notices to Orca must also be sent to the address stated on the applicable Order or most recent invoice.

Changes to these Terms

Orca may update these Terms prospectively for legal, security, or product changes. The effective date and version identify the applicable text. If a change is material, we will provide reasonable notice and require renewed affirmative acceptance before continued use when appropriate. Changes do not retroactively alter a signed Order unless the parties agree in writing.

General terms

These Terms and applicable Orders are the entire agreement about the Services and replace prior discussions on that subject. Amendments to an Order and waivers must be in writing by authorized representatives. You may not assign the agreement without Orca's written consent; Orca may assign it in connection with a merger, reorganization, sale of substantially all relevant assets, or by operation of law. Neither party is liable for delay caused by events beyond its reasonable control, except payment obligations. If a provision is unenforceable, it will be modified only as needed and the remainder will continue. Failure to enforce a provision is not a waiver. Headings are for convenience, and "including" means "including without limitation."

Contact

Questions about these Terms may be sent to support@orca-browser.com. Orca Technologies LLC is a New York limited liability company.