Terms of Service
Last updated 2026-05-24
These Terms of Service ("Terms") govern your use of the Orphica CRM and Marketing OS, provided by Orphica, Inc. ("Orphica", "we"). By creating an account or using Orphica you agree to these Terms.
Your account
You must be at least 16 years old and able to enter into a binding contract. You're responsible for keeping your password secure and for everything that happens under your account. Notify us at security@orphica.app if you suspect unauthorized access.
marketing.terms.sections.account.p2
marketing.terms.sections.account.p3
marketing.terms.sections.account.p4
Subscription and billing
Paid plans are billed in advance, monthly or annually, in US dollars (unless your invoice says otherwise). Plans auto-renew at the end of each term; cancel any time from Settings → Billing to stop the next renewal.
Refunds: we don't pro-rate refunds for mid-term cancellations, but we will refund unused annual time on a case-by-case basis (e.g. you cancel within 14 days of signing up, or the service was meaningfully unavailable). Taxes are added on top of the listed price where applicable.
marketing.terms.sections.subscription.p3
marketing.terms.sections.subscription.p4
Acceptable use
Don't use Orphica to send spam, store illegal content, violate someone else's rights, attack the service, or circumvent rate limits. Don't reverse-engineer the product or resell access without a partner agreement. We can suspend an account that puts the platform or other customers at risk.
marketing.terms.sections.usage.p2
marketing.terms.sections.usage.p3
marketing.terms.sections.usage.p4
Your content
Everything you put into Orphica (records, notes, files, agent prompts, outputs) belongs to you. You grant us a limited license to host, copy, transmit, and display that content solely as needed to run the service on your behalf. We don't claim ownership and we don't use your content to train AI models.
marketing.terms.sections.content.p2
marketing.terms.sections.content.p3
marketing.terms.sections.content.p4
AI features
Orphica uses third-party AI models (Hypereal by default; you can bring your own). AI output is generated probabilistically and may be incorrect, biased, or out-of-date. Review AI output before acting on it. You're responsible for how you use AI output in your business.
AI credits included with your plan reset monthly and don't roll over. Overage above the included monthly amount is billed at the same rate as your plan.
marketing.terms.sections.ai.p3
marketing.terms.sections.ai.p4
Intellectual property
The Orphica product, brand, and underlying software belong to us. You may use the Orphica name and logo in good-faith descriptive contexts (e.g. "Built on Orphica"). You may not use it in a way that suggests endorsement we haven't given.
marketing.terms.sections.ip.p2
marketing.terms.sections.ip.p3
marketing.terms.sections.ip.p4
Service availability
We aim for 99.9% monthly uptime for paid plans and 99.99% for Enterprise. We don't count scheduled maintenance (announced in advance) or factors outside our control (cloud-provider outages, force majeure). If we miss the target two months running on Enterprise, your CSM will work out service credits.
marketing.terms.sections.availability.p2
marketing.terms.sections.availability.p3
marketing.terms.sections.availability.p4
Suspension and termination
You can cancel at any time from Settings → Billing. We may suspend or terminate your account for non-payment, breach of these Terms, or activity that endangers the platform. On termination we will keep your data available for export for 30 days, after which it is permanently deleted per the retention schedule in our Privacy Policy.
marketing.terms.sections.termination.p2
marketing.terms.sections.termination.p3
marketing.terms.sections.termination.p4
Disclaimers
Orphica is provided "AS IS" and "AS AVAILABLE". To the maximum extent permitted by law, we disclaim all warranties — express, implied, statutory, including merchantability, fitness for a particular purpose, and non-infringement.
marketing.terms.sections.disclaimers.p2
marketing.terms.sections.disclaimers.p3
marketing.terms.sections.disclaimers.p4
Limitation of liability
Our total liability for any claim related to Orphica is capped at the amount you paid us in the 12 months before the event giving rise to the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages, even if we were warned they were possible. Some jurisdictions don't allow these limitations; in those places our liability is limited to the maximum extent permitted.
marketing.terms.sections.liability.p2
marketing.terms.sections.liability.p3
marketing.terms.sections.liability.p4
Indemnity
You agree to defend and indemnify Orphica against claims arising out of your content, your use of Orphica in breach of these Terms, or your violation of someone else's rights.
marketing.terms.sections.indemnity.p2
marketing.terms.sections.indemnity.p3
marketing.terms.sections.indemnity.p4
Governing law and disputes
These Terms are governed by the laws of the State of Delaware, USA, without regard to its conflict-of-laws rules. Disputes are resolved by binding individual arbitration in San Francisco, California, except that either party may bring small-claims actions in the state where the customer resides. You waive the right to a jury trial and the right to participate in a class action.
marketing.terms.sections.governing.p2
marketing.terms.sections.governing.p3
marketing.terms.sections.governing.p4
Changes to these Terms
We may update these Terms. Material changes are announced at least 30 days in advance via in-product notification and email to the workspace owner. Continuing to use Orphica after the effective date means you accept the new Terms.
marketing.terms.sections.changes.p2
marketing.terms.sections.changes.p3
marketing.terms.sections.changes.p4
Contact
Questions about these Terms? Email legal@orphica.app. Mailing address: Orphica, Inc., legal department.
marketing.terms.sections.contact.p2
marketing.terms.sections.contact.p3
marketing.terms.sections.contact.p4