Terms of Service

Last Updated: 2025-05-21

1. Introduction and Acceptance of Terms

Welcome to AskOrca! These Terms of Service ("Terms") govern your use of the AskOrca application, website, and all related services (collectively, the "Service") provided by AskOrca ("we," "us," or "our"). AskOrca is an AI-powered platform designed to assist with content reading, learning, and digital interaction.

By accessing or using our Service (including placing an order or registering an account), you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use the Service.

These Terms apply to the entire website and any communication between you and AskOrca. "You" refers to you as an individual and any entity you represent.

2. Definitions

Key terms used in this document include:

(Other terms may be defined within their respective sections.)

3. License to Use Our Service

AskOrca grants you a revocable, non-exclusive, non-transferable, limited license to download, install, and use the Service strictly in accordance with these Terms.

4. User Accounts

To access certain features, you may need to register for an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

5. Acceptable Use and Restrictions

You agree not to, and will not permit others to:

6. User Content and Suggestions

If you submit any feedback, comments, ideas, improvements, or suggestions (collectively, "Suggestions") to us regarding the Service, such Suggestions become our sole and exclusive property. We are free to use, copy, modify, publish, or redistribute Suggestions for any purpose without any credit or compensation to you.

For details on how we handle personal data you submit, please refer to our Privacy Policy.

7. Intellectual Property

The Service and its entire contents, features, and functionality (including all information, software, text, displays, images, video, audio, and the design thereof) are owned by AskOrca, its licensors, or other providers of such material, and are protected by USA and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not copy, modify, reproduce, download, or distribute any material from the Service, in whole or in part, without our express prior written permission, except as expressly provided in these Terms.

8. Fees, Payments, and Promotions

Certain aspects of the Service may require payment. You agree to pay all applicable fees as described on the Service in connection with such features. We reserve the right to change prices and revise our resource usage policy at any time.

From time to time, AskOrca may offer promotions, contests, or sweepstakes ("Promotions"). All Promotions may be governed by separate rules, which you should read to determine eligibility. By participating in any Promotion, you agree to its rules.

If a product or service is listed at an incorrect price or with incorrect information due to a typographical error, we have the right to refuse or cancel any orders placed for such product or service, even if the order has been confirmed and your payment method charged. If your payment method has already been charged and your order is canceled, we will promptly issue a credit to your account in the amount of the charge.

9. Third-Party Services and Links

The Service may contain links to third-party websites or services, or display third-party content (including data, information, applications, and advertisements) that are not owned or controlled by AskOrca ("Third-Party Services").

We are not responsible for Third-Party Services, including their content, accuracy, legality, or any other aspect. Access and use of Third-Party Services are at your own risk and subject to the terms and conditions of such third parties. We do not endorse or assume any liability for Third-Party Services.

10. Cookies and Tracking Technologies

AskOrca uses Cookies and similar technologies to operate and enhance the Service, remember your preferences, and for analytics. For detailed information on our use of Cookies and how you can manage them, please see our Privacy Policy.

11. Service Modifications and Updates

AskOrca reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Service or any part of it, with or without notice and without liability to you.

We may provide enhancements or improvements to the features/functionality of the Service, which may include patches, bug fixes, updates, upgrades, and other modifications ("Updates"). Updates may modify or delete certain features. You agree that we have no obligation to provide any Updates or to continue to provide or enable any particular features of the Service.

12. Term and Termination

These Terms remain in effect until terminated by you or AskOrca.

We may, in our sole discretion, suspend or terminate your access to the Service and these Terms, at any time and for any reason (including for violation of these Terms), with or without prior notice.

You may terminate these Terms by deleting the app and ceasing all use of the Service. If you have an account, you may need to follow the account deletion procedure outlined in our Privacy Policy or Service documentation.

Upon termination, your right to use the Service will immediately cease, and you must delete all copies of the app from your devices. Termination will not limit any of our rights or remedies at law or in equity for any breach by you of these Terms during the term of the Agreement.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND DEFECTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ASKORCA, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE. THIS INCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

WITHOUT LIMITATION, ASKORCA PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE OR WORK WITH ANY OTHER SOFTWARE, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.

ASKORCA DOES NOT WARRANT THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION OR CONTENT (INCLUDING AI-GENERATED CONTENT) PROVIDED THROUGH THE SERVICE, NOR THAT THE SERVICE, ITS SERVERS, OR EMAILS SENT FROM OR ON BEHALF OF ASKORCA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.

AskOrca App uses third-party AI provider APIs. While we strive to provide accurate and helpful answers, AI-generated information is for informational purposes only and should not be considered official or authoritative advice. We do not guarantee its accuracy or reliability.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ASKORCA OR ITS SUPPLIERS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, OR LOSS OF PRIVACY) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE, THIRD-PARTY SOFTWARE AND/OR HARDWARE USED WITH THE SERVICE, OR OTHERWISE IN CONNECTION WITH ANY PROVISION OF THESE TERMS, EVEN IF ASKORCA OR ANY SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

NOTWITHSTANDING ANY DAMAGES YOU MIGHT INCUR, THE ENTIRE LIABILITY OF ASKORCA AND ANY OF ITS SUPPLIERS UNDER THESE TERMS AND YOUR EXCLUSIVE REMEDY FOR ALL OF THE FOREGOING SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICE (IF ANY).

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

15. Indemnification

You agree to indemnify, defend, and hold harmless AskOrca and its parents, subsidiaries, affiliates, officers, employees, agents, partners, and licensors (if any) from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Service; (b) violation of these Terms or any applicable law or regulation; or (c) violation of any right of a third party.

16. Dispute Resolution: Agreement to Arbitrate

This section applies to any dispute, action, or other controversy between you and AskOrca concerning the Services or these Terms, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis ("Dispute"). **THIS SECTION DOES NOT INCLUDE DISPUTES RELATING TO CLAIMS FOR INJUNCTIVE OR EQUITABLE RELIEF REGARDING THE ENFORCEMENT OR VALIDITY OF YOUR OR ASKORCA'S INTELLECTUAL PROPERTY RIGHTS.**

Notice of Dispute

In the event of a Dispute, you or AskOrca must give the other a Notice of Dispute: a written statement with the name, address, contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested. Send any Notice of Dispute to AskOrca via email to: support@AskOrca.ai. We will send any Notice of Dispute to your email address or physical address if we have it. You and AskOrca will attempt to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, either party may commence arbitration.

Binding Arbitration

If a Dispute is not resolved by informal negotiation, it will be resolved exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. You are giving up the right to litigate Disputes in court before a judge or jury (except as specified above). Either party may seek interim or preliminary injunctive relief from a court of competent jurisdiction as necessary to protect its rights or property pending arbitration. Costs of arbitration, including legal and accounting fees, incurred by the prevailing party shall be borne by the non-prevailing party.

17. Copyright Infringement Notice (DMCA)

If you are a copyright owner or agent and believe any material on our Service infringes your copyright, please contact us with the following information: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the infringing material to be removed; (d) your contact information (address, telephone number, email); (e) a statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

18. Governing Law

These Terms and your use of the Service are governed by the laws of the USA (specifically, you may want to specify the State, e.g., "the State of [Your State], USA"), without regard to its conflict of laws principles. The original text mentioned "TR"; if "Eventaly LLC" is based in a specific US state, that state's law usually governs. You should clarify and confirm the correct jurisdiction with legal counsel.

19. Changes to These Terms

AskOrca reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect (e.g., through our Service or via email). What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service and should stop using it and delete your account if applicable.

20. Miscellaneous

Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

Waiver: No failure to exercise, and no delay in exercising, on the part of either party, any right or power under these Terms shall operate as a waiver of that right or power. Nor shall any single or partial exercise of any right or power preclude further exercise of that or any other right granted herein.

Entire Agreement: These Terms, together with our Privacy Policy and any other legal notices published by us on the Service, constitute the entire agreement between you and AskOrca concerning the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Service.

Headings: The section headings used in these Terms are for convenience only and will not be given any legal import.

Geographic Restrictions: AskOrca operates and controls the Service from its offices in the USA. The Service is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. If you access the Service from other locations, you do so on your own initiative and are solely responsible for compliance with local laws.

21. Contact Us

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