Terms of Service

Last updated: September 16, 2025

Welcome to Orchetta's customer journey mapping service ("Service"), operated by Orchetta Inc ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our Service, available at www.orchetta.com. These Terms apply to all users worldwide.

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, you may not access the Service.

1. Acceptance of Terms

By creating an account or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. These Terms constitute a legally binding agreement between you and Orchetta Inc.

2. Description of Service

Orchetta provides a cloud-based customer journey mapping platform that enables users to:

  • Create and manage customer journey maps
  • Collaborate with team members on journey mapping projects
  • Organize and categorize journey elements and touchpoints
  • Generate insights and analysis through AI-powered tools
  • Export and share journey mapping data

3. User Accounts and Registration

To use certain features of our Service, you must register for an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Maintain the security and confidentiality of your login credentials
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized use of your account

You must be at least 13 years old to create an account. If you are under 18, you represent that you have your parent or guardian's permission 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, regulations, or third-party rights
  • Use the Service for any fraudulent, abusive, or otherwise illegal activity
  • Transmit any harmful, threatening, abusive, or defamatory content
  • Attempt to gain unauthorized access to our systems or other users' accounts
  • Interfere with or disrupt the Service or servers connected to the Service
  • Use automated scripts, bots, or similar tools without permission
  • Reverse engineer, decompile, or attempt to extract source code
  • Remove or alter any proprietary notices or labels

5. User Content

You retain ownership of any content you create, upload, or submit through the Service ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to:

  • Use, reproduce, and display your User Content to provide the Service
  • Make backup copies for security and operational purposes
  • Analyze User Content to improve our Service (in anonymized form)

You represent and warrant that you have all necessary rights to grant this license and that your User Content does not violate any third-party rights or applicable laws.

6. Subscription Plans and Billing

Our Service offers various subscription plans with different features and usage limits. By subscribing to a paid plan, you agree to:

  • Pay all applicable fees according to your selected plan
  • Provide accurate billing information and keep it current
  • Authorize us to charge your payment method for recurring fees

Subscription fees are billed in advance and are non-refundable except as required by law. We reserve the right to change our pricing with at least 30 days' notice to existing subscribers.

7. Intellectual Property Rights

The Service, including its design, functionality, features, and underlying technology, is owned by Orchetta Inc and protected by copyright, trademark, and other intellectual property laws. Our trademarks and trade names may not be used without our express written permission.

8. Privacy and Data Protection

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

9. Service Availability and Modifications

We strive to provide reliable service but cannot guarantee 100% uptime. We may modify, suspend, or discontinue any aspect of the Service at any time with reasonable notice. We are not liable for any modification, suspension, or discontinuation of the Service.

10. Termination

Either party may terminate this agreement at any time:

  • By you: You may cancel your account at any time through your account settings
  • By us: We may terminate or suspend your account for violation of these Terms or for any reason with reasonable notice

Upon termination, your right to use the Service ceases immediately. We will make reasonable efforts to provide access to your data for a limited time after termination, subject to our data retention policies.

11. Disclaimers and Limitation of Liability

Service Provided "As Is": The Service is provided on an "as is" and "as available" basis without warranties of any kind, either express or implied.

Limitation of Liability: To the maximum extent permitted by law, Orchetta Inc 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.

In jurisdictions that do not allow the limitation of liability, our liability is limited to the maximum extent permitted by law. Our total liability shall not exceed the amount paid by you for the Service in the 12 months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless Orchetta Inc from any claims, damages, or expenses arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

13. Governing Law and Dispute Resolution

These Terms are governed by the laws of Canada and the province of Ontario, without regard to conflict of law principles. Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in Ontario, Canada, except where prohibited by law.

For users in the European Union, you may also bring proceedings in your local courts as provided by applicable EU law. For users in other jurisdictions, local mandatory consumer protection laws may apply.

14. Changes to Terms

We may modify these Terms from time to time. We will notify users of material changes by email or through the Service at least 30 days before the changes take effect. Your continued use of the Service after changes become effective constitutes 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 Inc.

Severability: If any provision of these Terms is found unenforceable, the remainder shall remain in full force and effect.

Assignment: You may not assign these Terms without our written consent. We may assign our rights and obligations under these Terms.

Waiver: Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

16. Contact Information

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

Orchetta Inc

Email: support@orchetta.com

Website: www.orchetta.com