Terms of Use

Terms and conditions for using our services.

Last updated: September 23, 2025

Acceptance of Terms

By accessing or using orchintel.com (the "Website") and related services (the "Services") provided by OrchIntel ("Company," "we," "our," or "us"), you agree to be bound by these Terms of Use ("Terms"). If you do not agree to these Terms, please do not use our Services.

Description of Services

OrchIntel provides:

  • AI governance platform and tools
  • Compliance and assurance solutions
  • Educational resources and documentation
  • Community forums and support

Eligibility

You must be at least 18 years old to use our Services. By using our Services, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

User Accounts

Account Creation

  • You may create an account to access certain features
  • You are responsible for maintaining account security
  • You must provide accurate and complete information
  • You must notify us immediately of any unauthorized use

Account Responsibilities

  • Keep your login credentials confidential
  • Use only one account per person
  • Do not share your account with others
  • Update your information when it changes

Acceptable Use

Permitted Uses

You may use our Services for:

  • Legitimate business purposes
  • Educational and research activities
  • Personal projects and experimentation
  • Compliance with applicable laws and regulations

Prohibited Uses

You may not use our Services to:

  • Violate any applicable laws or regulations
  • Infringe on intellectual property rights
  • Transmit malicious code or harmful content
  • Attempt to gain unauthorized access to systems
  • Interfere with or disrupt our Services
  • Use for illegal or harmful purposes
  • Reverse engineer or decompile our software
  • Create competing products or services

Governance Badges and Runtime Posture

Badge Display and Representation

IOA Cloud provides governance badges (Bronze, Silver, Gold, Platinum) that reflect your system's runtime governance posture at the time of display. You acknowledge and agree that:

  • Badges reflect actual runtime behavior (Shadow, Enforce, Consensus, Federated modes), not subscription tier or certification status
  • Badge colors and levels are automatically determined by IOA Cloud based on your active governance configuration
  • Badges are not a certification, accreditation, or guarantee of compliance with any regulatory framework
  • You may not misrepresent your governance posture or badge level to third parties
  • Enterprise customers may opt for private badge visibility, restricting display to internal users only

Badge Usage Rules

  • You may display your current governance badge on your website, marketing materials, or documentation as long as it accurately reflects your real-time posture
  • You must not display outdated, inactive, or misleading badge information
  • If your subscription is terminated or your governance mode changes, you must immediately remove or update badge displays
  • We reserve the right to audit badge usage and request removal of improperly displayed badges

Private Badge Visibility (Enterprise Only)

Trust (Enterprise) plan customers may request private badge visibility, which restricts governance badge display to authenticated users within your organization. This option is intended for internal staging, migration, or testing scenarios. Contact your account manager to enable private badge visibility.

Intellectual Property

Our Rights

  • All content, software, and materials are owned by OrchIntel
  • Protected by copyright, trademark, and other intellectual property laws
  • You may not copy, modify, or distribute without permission

Your Rights

  • You retain ownership of your data and content
  • You grant us a license to use your content to provide Services
  • You may use our open-source components under their respective licenses

Open Source

  • IOA Core OSS is released under the Apache 2.0 license
  • Enterprise offerings are proprietary and licensed separately
  • See individual component licenses for specific terms

Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

Service Availability

Availability

  • We strive to maintain high service availability
  • We do not guarantee uninterrupted access
  • We may perform maintenance that temporarily affects availability

Modifications

  • We may modify or discontinue Services at any time
  • We will provide reasonable notice of material changes
  • We are not liable for modifications or discontinuation

Disclaimers

Service Disclaimers

  • Services are provided "as is" without warranties
  • We disclaim all warranties, express or implied
  • We do not warrant that Services will be error-free or uninterrupted

AI and Compliance Disclaimers

  • Our Services assist with AI governance but do not guarantee compliance
  • You are responsible for ensuring compliance with applicable laws
  • We are not liable for compliance failures or regulatory violations
  • Professional legal advice should be sought for compliance matters

Limitation of Liability

To the maximum extent permitted by law:

  • We are not liable for indirect, incidental, or consequential damages
  • Our total liability is limited to the amount you paid for Services
  • We are not liable for third-party actions or content
  • Some jurisdictions do not allow liability limitations

Indemnification

You agree to indemnify and hold harmless OrchIntel from any claims, damages, or expenses arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Your violation of applicable laws
  • Your infringement of third-party rights

Termination

Termination by You

  • You may stop using our Services at any time
  • You may delete your account through account settings

Termination by Us

  • We may suspend or terminate your access for violations
  • We may terminate Services with reasonable notice
  • We may terminate immediately for serious violations

Effect of Termination

  • Your right to use Services ceases immediately
  • We may delete your account and data
  • Provisions that should survive termination will remain in effect

Governing Law and Disputes

Governing Law

These Terms are governed by the laws of New Zealand without regard to conflict of law principles.

Dispute Resolution

  • We encourage resolving disputes through good faith negotiation
  • Disputes may be subject to binding arbitration
  • You waive the right to participate in class action lawsuits

Changes to Terms

We may update these Terms from time to time. Changes will be effective when posted on our Website. Your continued use of Services after changes constitutes acceptance of new Terms.

Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and OrchIntel regarding the use of our Services.

Contact Information

If you have questions about these Terms, please contact us:

Additional Terms

Open Source Licenses

Some components of our Services are subject to open-source licenses. These licenses are available in the source code and take precedence over these Terms for those specific components.

Third-Party Services

Our Services may integrate with third-party services. Your use of third-party services is subject to their respective terms and conditions.

Export Control

Our Services may be subject to export control laws. You agree to comply with all applicable export control regulations.