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Terms of Service

Last updated: 14/09/2025

Welcome to Orca Management ("we", "us", "our"). By creating an account, subscribing, or otherwise using our services (the "Platform"), you agree to be bound by these Terms of Service ("Terms"). Please read them carefully. If you do not agree, you must not use the Platform.

1. Accounts
  • You must provide accurate, complete, and up-to-date information when registering.
  • You may only register on behalf of yourself, your business, or an entity you are legally authorised to represent.
  • You are solely responsible for maintaining the confidentiality of your login credentials and for all activity under your account.
  • We may suspend or terminate accounts that contain false information or are being misused.
2. Use of Service

You may only use the Platform for lawful business purposes and in accordance with these Terms.

You must not:

  • Upload, store, or share harmful code, malware, or illegal content.
  • Attempt to gain unauthorised access to the Platform or other users' accounts.
  • Resell, sublicense, or misuse the Platform in ways not intended.

Important: We reserve the right to investigate and take action against misuse, including, but not limited to, termination of accounts.
3. Data and Documents
  • You retain ownership of all documents, records, and business data you upload ("Your Data").
  • By using the Platform, you grant us a non-exclusive licence to store, process, and back up Your Data solely for the purpose of providing the service.

We do not access, share, or disclose Your Data except:

  • As required to operate the Platform,
  • Where authorised by you, or
  • Where required by law.

You are responsible for ensuring that Your Data complies with all applicable laws, including privacy and record-keeping obligations.

4. Payments and Subscriptions
  • Access to the Platform is provided on a subscription basis, managed through our payment provider (currently Stripe).
  • By subscribing, you authorise recurring payments according to the plan you select.
  • Your account status (e.g. active, suspended, terminated) is linked to the status of your Stripe subscription.
  • You are responsible for maintaining valid payment information in your Stripe account.
  • We may suspend or terminate access for non-payment.
  • Subscription fees are non-refundable, except where required by law.
5. Availability and Support
  • We aim to provide a reliable and secure service but do not guarantee uninterrupted or error-free operation.
  • Planned maintenance or downtime will be minimised where possible, and reasonable notice will be given to users.
  • Technical support is provided via support@orca-management.au. Response times are not guaranteed unless otherwise stated in a separate service agreement.
6. Intellectual Property
  • All intellectual property rights in the Platform, including its software, design, and branding, remain owned by us or our licensors.
  • Nothing in these Terms grants you any ownership of our intellectual property.
  • You must not copy, modify, or create derivative works of the Platform.
7. Liability and Disclaimers
  • The Platform is provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all warranties, express or implied.
  • We are not liable for indirect, incidental, or consequential losses, including lost profits, data loss, or business interruption.
  • Our total liability to you in connection with the Platform is limited to the total fees you paid to us in the 12 months prior to the claim.

Note: Nothing in these Terms excludes liability that cannot be excluded under Australian Consumer Law.
8. Termination

You may cancel your account at any time by terminating your subscription or allowing your trial to lapse. Upon cancellation, Your Data will be deleted in accordance with our Privacy Policy.

We may suspend or terminate your account immediately if:

  • You breach these Terms,
  • You fail to maintain an active subscription, or
  • Continued use would expose us to legal or security risks.
9. Changes to Terms
  • We may update these Terms from time to time. If changes are material, we will notify you via email or in-app notification.
  • Continued use of the Platform after changes take effect constitutes acceptance of the new Terms.
10. Governing Law

These Terms are governed by the laws of Victoria, Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Victoria.