Terms of Service

Effective Date: July 31, 2026

1. Acceptance of Terms

By registering for an account, accessing the dashboard, or integrating the Orca Software Development Kit ("SDK") into your applications, you ("Customer," "Developer," or "You") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity.

If you do not agree to these Terms, you must not access or use the Service.

2. The Service

Orca provides a unified, cross-platform infrastructure for managing in-app purchases, subscriptions, direct debit, and user entitlements across mobile (iOS, Android), desktop (macOS, Windows, Linux), and web environments (the "Service").

2.1 License Grant

Subject to these Terms, Orca grants you a limited, non-exclusive, non-transferable, revocable license to:

  • Integrate the Orca SDK into your mobile, web, desktop, and cross-platform applications ("Your Apps").
  • Access the Orca Dashboard and API to configure products, entitlements, paywalls, and integrations.
  • Connect AI assistants and automated systems to Orca's Model Context Protocol (MCP) Server.

2.2 Restrictions

You shall not:

  • Reverse engineer, decompile, or attempt to discover the source code of the SDK or Edge API.
  • Resell, sublicense, or redistribute the Service as a standalone white-label billing platform without written authorization.
  • Use the Service to process payments for illegal goods, regulated substances, or content prohibited by underlying payment partners (Apple, Google, Stripe, GoCardless).

2.3 Model Context Protocol (MCP) & AI Agents

If you enable Orca's Model Context Protocol (MCP) Server to allow AI agents or autonomous assistants to interact with your subscription environment:

  • Customer Responsibility: You are solely responsible for configuring API permissions and monitoring automated actions (e.g. entitlement queries or support refund triggers) initiated by your AI agents.
  • No Liability for Agent Execution: Orca is not liable for unauthorized modifications, erroneous refunds, or entitlement changes resulting from misconfigured AI agents or compromised API credentials.

3. Flat-Rate Pricing and Billing

3.1 Subscription Tiers

Orca operates on a 0% gross revenue tax flat-rate infrastructure model:

  • Developer (Free Tier): Full SDK & API access for up to 500 active user entitlements at $0/month.
  • Pro (Flat Tier): $299/month flat fee for unlimited revenue processing, uncapped active entitlements, GoCardless Direct Debit, and native MCP Server access. Zero percentage tax or overage fees based on gross tracked revenue.
  • Enterprise: Custom SLAs, dedicated edge gateways, and enterprise billing terms.

3.2 Billing & Payment

SaaS subscription fees for paid tiers are billed monthly in advance to the payment method on file via Stripe. Failure to pay within 14 days of an invoice notice may result in temporary dashboard or API suspension.

4. Intellectual Property

4.1 Ownership

  • Orca: We own all rights, title, and interest in the Service, SDK, API, and Documentation.
  • Customer: You own all rights to Your Apps and your End User Data.

4.2 Feedback

If you provide feature requests or bug reports, Orca is free to use them without any obligation or compensation to you.

5. Confidentiality

Each party agrees to protect the other’s "Confidential Information" (non-public technical or business information) with the same degree of care it uses to protect its own, but not less than reasonable care.

6. Service Availability (SLA)

For Pro and Enterprise customers, Orca commits to a 99.9% Monthly Uptime Percentage for the entitlement validation API and edge gateways.

  • If uptime drops below 99.9%, you are eligible for a 10% service credit on your monthly SaaS fee.
  • If uptime drops below 99.0%, you are eligible for a 30% service credit on your monthly SaaS fee.

"Uptime" refers exclusively to Orca's own edge API and validation infrastructure. It does not cover downtime or payment processing interruptions caused by Apple, Google, Stripe, GoCardless, or other third-party payment providers.

7. Warranty Disclaimer

The Service is provided "AS IS" and "AS AVAILABLE." Orca disclaims all warranties, express or implied, including merchantability and fitness for a particular purpose. We do not guarantee that the Service will be error-free or that it will prevent all instances of fraud or piracy.

8. Limitation of Liability

To the maximum extent permitted by applicable law:

  • Indirect Damages: Orca shall not be liable for indirect, incidental, or consequential damages, including lost profits, lost revenue, or data loss.
  • Liability Cap: Orca's total aggregate liability for any claim arising out of these Terms shall not exceed the total fees you paid to Orca in the twelve (12) months immediately preceding the claim. For Developer (Free Tier) users, this liability is capped at $100 USD.
  • AI Agent Actions: Orca's liability for actions executed through the MCP Server by Customer-configured AI agents is excluded to the fullest extent permitted by law.

9. Indemnification

You agree to indemnify and hold harmless Orca from any claims, damages, or expenses (including legal fees) arising from:

  • Your breach of these Terms.
  • Your Apps infringing on the rights of a third party.
  • Any disputes between you and your End Users regarding refunds or product delivery.

10. Dispute Resolution

PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

10.1 Governing Law

These Terms are governed by the laws of the State of California.

10.2 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting legal@maxint.com.

10.3 Binding Arbitration

Any unresolved dispute shall be settled by binding arbitration administered by JAMS in San Francisco, CA.

10.4 Class Action Waiver

You and Orca agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

11. Data Processing Agreement (GDPR)

For Customers established in the European Economic Area (EEA), UK, or Switzerland, or who process personal data of EEA/UK individuals through the Orca SDK, these Terms incorporate Orca's standard Data Processing Agreement (DPA) by reference. Key terms include:

  • Controller/Processor: You (the Customer) act as the Data Controller; Orca acts as the Data Processor for End User entitlement data.
  • Subprocessors: Orca maintains an up-to-date list of authorized subprocessors. Customers may request the current list by contacting privacy@maxint.com.
  • SCCs & DPF: Cross-border data transfers are governed by Standard Contractual Clauses (SCCs) and the EU-U.S. Data Privacy Framework (DPF) where applicable.

To request a signed DPA for enterprise compliance purposes, contact legal@maxint.com.

12. Termination

You may terminate these Terms at any time by deleting your account. Orca may terminate or suspend your access immediately if you breach Section 2.2 (Restrictions) or fail to pay fees. Upon termination, the license to use the SDK is revoked, and you must remove it from Your Apps. Data deletion upon termination follows the timeline described in the Privacy Policy.