Welcome to Orchestra. Please read on to understand the rules and restrictions governing your use of Orchestra and the associated website(s), products, services, and applications (collectively referred to as "Orchestra"). If you have any questions, comments, or concerns about these terms or Orchestra, please contact us at [email protected]
Orchestra is continually evolving, and as a result, these Terms may need to change to align with Orchestra's development. We reserve the right to modify these Terms at any time. If we do make changes, we will notify you by posting a notice on the orch.so
website, sending you an email, or using other appropriate means.
If you do not agree with the updated Terms, you may reject them. However, this means you will no longer be able to use Orchestra. If you continue to use Orchestra in any manner after the revised Terms take effect, it signifies your acceptance of all the modifications.
Unless explicitly stated otherwise in these Terms, no other amendments or modifications to these Terms will be valid unless they are in writing and signed by both you and us.What about my privacy?
The Children's Online Privacy Protection Act ("COPPA") mandates that online service providers must obtain parental consent before knowingly collecting personally identifiable information online from children under the age of 13. We do not knowingly collect or request personally identifiable information from children under 13. If you are under 13, please refrain from attempting to register for Orchestra or provide any personal information to us. If we discover that we have inadvertently collected personal information from a child under 13, we will promptly delete that data. If you suspect that a child under 13 may have provided us with personal information, please contact us at [email protected]
.What are the basics of using Orchestra?
To access Orchestra, you may be required to create an account and provide your email address, first name, last name, company, and job title. You must ensure that the information you provide is accurate, complete, and up-to-date. By supplying your email address, you consent to receive email communications from us related to Orchestra. You may not use a name that you do not have the right to use or use another person's name with the intent to impersonate that individual. You may not transfer your account to another party without our prior written consent.
You represent and warrant that you are of legal age to enter into a binding contract, or if not, that you have obtained the necessary permission from your parent or guardian to use Orchestra, and that your parent or guardian has agreed to these Terms on your behalf. If you are accepting these Terms on behalf of an organization or entity, you affirm that you have the authority to accept these Terms on behalf of that organization or entity, and you bind them to these Terms. In such cases, references to "you" and "your" in these Terms (excluding this sentence) apply to that organization or entity.
You may only use Orchestra for your own internal purposes, not on behalf of or for the benefit of any third party, and only in compliance with all applicable laws. If your use of Orchestra is prohibited by applicable laws, you are not authorized to use Orchestra. We disclaim any responsibility for your use of Orchestra in violation of the law.
You are responsible for keeping your account access secure and should protect your account's security. You are liable for any activities linked to your account.Your use of Orchestra is subject to the following additional restrictions:
You hereby represent, warrant, and agree that you will not contribute any Content or User Submission (each term defined below) or otherwise use Orchestra or interact with Orchestra in any manner that:
(a) Infringes or violates the intellectual property rights or any other rights of any third party, including Orch, Inc.;
(b) Violates any applicable law or regulation, including export control laws and regulations;
(c) Is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable;
(d) Compromises the security of your Orchestra account or any other user's account, such as by allowing someone else to access Orchestra using your credentials;
(e) Attempts, in any way, to extract security information from any other user;
(f) Breaches the security of any computer network, or attempts to circumvent passwords or security encryption codes;
(g) Engages in activities such as running Maillists, Listservs, any form of auto-responder or "spam" on Orchestra, or any processes that operate while you are not actively using Orchestra, or that disrupt the proper functioning of Orchestra (including overloading Orchestra's infrastructure);
(h) Engages in "crawling," "scraping," or "spidering" any page, data, or portion of Orchestra or Content (whether through manual or automated means);
(i) Copies or stores any substantial portion of the Content;
(j) Decompiles, reverse engineers, or otherwise attempts to access the source code, underlying concepts, or information related to Orchestra.
A violation of any of the above restrictions may result in the termination of your right to use or access Orchestra.What are my rights in Orchestra?
The materials available on or through Orchestra, including but not limited to text, graphics, data, articles, photos, images, illustrations, User Submissions, and other Content (collectively referred to as the "Content"), are protected by copyright and/or other intellectual property laws. You agree to comply with all copyright notices, trademark regulations, information, and restrictions contained in any Content you access through Orchestra. You are prohibited from using, copying, reproducing, modifying, translating, publishing, broadcasting, transmitting, distributing, performing, uploading, displaying, licensing, selling, or otherwise exploiting any Content that you do not own:
(i) without obtaining prior consent from the owner of that Content; or
(ii) in a manner that infringes on the rights of others, including Orch, Inc.;
Please note that Orch, Inc. is the rightful owner of Orchestra. You may not modify, publish, transmit, engage in the transfer or sale of, reproduce (except as expressly allowed in this section), create derivative works based on, or otherwise exploit any part of Orchestra.
While Orchestra may offer certain functionality that allows you to copy or download specific Content, it is essential to understand that the aforementioned restrictions apply regardless of this functionality's existence.Do I have to grant any licenses to Orchestra or to other users?
For all User Submissions, you hereby grant Orchestra a license to translate, modify (for technical purposes, such as ensuring your content is viewable on various devices), reproduce, and take other necessary actions concerning these User Submissions. This license is granted to enable us to operate Orchestra, as explained in more detail below. Please note that this is a license only, and it does not affect your ownership of User Submissions.
In cases where you post or share a User Submission in a manner that allows only specific users to view it (e.g., a private message to one or more users) (referred to as a "Limited Audience User Submission"), you grant Orchestra the licenses mentioned above. Additionally, you grant us a license to display, perform, and distribute your Limited Audience User Submission solely for the purpose of making it accessible to the specified users and providing the necessary functionality within Orchestra. You also grant the specified users a license to access the Limited Audience User Submission and to exercise all rights permitted by Orchestra's functionality.
If you post or share a User Submission publicly on Orchestra or in a way that more than just you or specific users can view, or if you provide us with feedback, suggestions, improvements, enhancements, or feature requests related to Orchestra (collectively referred to as a "Public User Submission"), you grant Orchestra the licenses mentioned earlier. You also grant us a license to display, perform, and distribute your Public User Submission to make it accessible to all Orchestra users and to provide the necessary functionality. This license includes all other rights needed to use and exercise all rights in the Public User Submission in connection with Orchestra or otherwise in connection with Orchestra’s business. Orchestra will endeavor to notify you if your Public User Submission is used for any purpose other than being displayed on Orchestra. You also grant all other Orchestra users a license to access the Public User Submission and to exercise all rights permitted by Orchestra's functionality.
The licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide. You acknowledge and agree that it may not be possible to completely delete your User Submissions from Orchestra's records, and that other users may still have access to them.
Lastly, you understand and agree that Orchestra, while performing the necessary technical actions to provide Orchestra to our users (including you), may need to make changes to your User Submissions to conform and adapt them to the technical requirements of connection networks, devices, services, or media. The aforementioned licenses include the rights to do so.
What if I see something on Orchestra that infringes my copyright?
If you encounter material on Orchestra that you believe infringes your copyright, you may have heard of the Digital Millennium Copyright Act (the "DMCA"), which relates to online service providers like Orchestra being asked to remove allegedly infringing material. We respect the intellectual property rights of others and reserve the right to delete or disable content that is alleged to be infringing. We may also terminate the accounts of repeat alleged infringers. For more information on how to report potentially infringing content and to review our complete Copyright Dispute Policy, please refer to the section titled "Copyright Dispute Policy" below. To learn more about the DMCA, you can click here.Who is responsible for what I see and do on Orchestra?
Any information or content publicly posted or privately transmitted through Orchestra is the sole responsibility of the person from whom that content originated. You access all such information and content at your own risk, and Orchestra is not liable for any errors or omissions in that information or content, or for any damages or losses you might incur in connection with it. We cannot control how you interpret or use the content, or the actions you take as a result of being exposed to that content. By using Orchestra, you release us from all liability associated with your acquisition or lack thereof of content through Orchestra. We cannot guarantee the identity of any users you interact with on Orchestra and are not responsible for determining which users gain access to Orchestra.
You are responsible for all the content you contribute to Orchestra in any manner, and you represent and warrant that you have all necessary rights to do so in the manner in which you contribute it. It is your responsibility to keep all your registration information accurate and up to date. You are also responsible for all your activity in connection with Orchestra.
Orchestra may contain links or connections to third-party websites or services that are not owned or controlled by Orchestra. When you access third-party websites or use third-party services, you do so at your own risk, and Orchestra is not responsible for any associated risks. We encourage you to be aware when you leave Orchestra and to read the terms, conditions, and privacy policies of each third-party website or service you visit or use.
Orchestra has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed on, any third-party websites or by any third parties you interact with through Orchestra. Additionally, Orchestra cannot monitor, verify, censor, or edit the content of any third-party site or service. By using Orchestra, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.
Your interactions with organizations and/or individuals found on or through Orchestra, as well as any other terms, conditions, warranties, or representations associated with such interactions, are solely between you and those organizations and/or individuals. You should conduct any investigations you deem necessary or appropriate before engaging in any online or offline transactions with these third parties. You agree that Orchestra shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such interactions.
If a dispute arises between participants on this site or between users and any third party, you acknowledge and agree that Orchestra is under no obligation to become involved. In the event of a dispute with one or more other users, you release Orchestra, its officers, employees, agents, and successors from any claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or Orchestra. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in their favor at the time of executing the release, which, if known by them, must have materially affected their settlement with the debtor."Will Orchestra ever change?
We are continually working to enhance Orchestra, so there may be changes over time. We reserve the right to suspend or discontinue any part of Orchestra, introduce new features, impose limits on specific features, restrict access to parts or all of Orchestra, or remove any content from Orchestra at any time, for any reason, at our sole discretion, and without prior notice.Does Orchestra cost anything?
Most uses of Orchestra are currently offered for free, but certain uses of Orchestra may require payment of fees (e.g., accessing specific premium features). If you are using a free version of the service and we decide to introduce fees for certain services, we will notify you before those services start incurring fees. If you wish to continue using those services, you will be required to pay all applicable fees. You may also choose to upgrade to a paid version of Orchestra at any time. Please note that if you elect to receive text messages through the service, data and message rates may apply. Any charges, fees, or costs associated with the use of the service are your sole responsibility. You should consult with your wireless carrier to determine the rates, charges, fees, or costs that may apply to your use of the service. Certain users, such as admin account holders or those who initially provided payment information for the Paid Services, may have control over billing and payment settings in accordance with the following terms.
a. Paid Services:
Some parts or versions of our service may be subject to payments now or in the future (the "Paid Services"). Please refer to our Paid Services page for a description of the current Paid Services. Please note that any payment terms presented to you during the use or signup process for a Paid Service are considered part of these Terms.
We use a third-party payment processor (the "Payment Processor") to bill you for the use of Paid Services through a payment account linked to your Orchestra account (your "Billing Account"). Payment processing will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for any errors made by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services, in accordance with the applicable payment terms. You also authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payments using the selected Payment Method. We reserve the right to correct any errors or mistakes made by the Payment Processor, even if it has already requested or received payment.
c. Payment Method:
The terms of your payment will be determined based on your Payment Method and may be subject to agreements between you and your financial institution, credit card issuer, or other provider of your chosen Payment Method. If we do not receive payment from you through the Payment Processor, you agree to pay all amounts owed on your Billing Account upon demand.
d. Recurring Billing:
Some Paid Services may have an initial period with a one-time charge, followed by recurring charges at intervals you agreed to. By selecting a recurring payment plan, you acknowledge that such services have an initial and recurring payment feature. You accept responsibility for all recurring charges until you cancel the service. We may submit periodic charges (e.g., monthly) without further authorization from you until you provide prior notice (which we confirm) to terminate this authorization or change your Payment Method. Such notice will not affect charges submitted before we could reasonably act upon it. To terminate your authorization or change your Payment Method, you can adjust your account settings or contact us via email at [email protected]
e. Current Information Required:
You must provide current, complete, and accurate information for your Billing Account. You must promptly update all information to ensure your Billing Account remains current, complete, and accurate (e.g., changes in billing address, credit card number, or expiration date). If your Payment Method is canceled (e.g., due to loss or theft) or if you become aware of a potential security breach (e.g., unauthorized use of your username or password), you must promptly notify us or our Payment Processor. Changes to your Billing Account information can be made in your account settings or by contacting us via email at [email protected]
. Failure to provide this information means that we may continue to charge you for the use of Paid Services through your Billing Account, unless you have canceled the Paid Services as outlined above.
f. Auto-Renewal for Paid Services:
The Services you sign up for will be automatically renewed for successive renewal periods of the same duration as the original subscription term at the then-current non-promotional rate. To terminate Paid Services, cancel free Services, or downgrade your account from Paid Services to free Services, please contact us by emailing [email protected]
, [email protected]
, or through the in-app Help tool. If you terminate a Paid Service, you may continue to use your subscription until the end of the current term, and it will not be renewed. However, no prorated refunds will be provided for any portion of the subscription fee paid for the current subscription period. IF YOU DO NOT WISH TO CONTINUE BEING CHARGED ON A RECURRING MONTHLY BASIS, YOU MUST CANCEL THE APPLICABLE PAID SERVICE BY EMAILING [email protected]
, [email protected]
, OR USING THE IN-APP TOOL BEFORE THE END OF THE RECURRING TERM. PAID SERVICES CANNOT BE TERMINATED BEFORE THE END OF THE CURRENTLY PAID PERIOD, AND EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, ORCHESTRA WILL NOT REFUND ANY FEES YOU HAVE ALREADY PAID.
g. Reaffirmation of Authorization:
Your continued use of Paid Services reaffirms your authorization for us to charge your Payment Method for those services. We may submit those charges, and you will be responsible for them. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service (or as your payment terms may be amended thereafter).What if I want to stop using Orchestra?
You are free to stop using Orchestra at any time. To do so, please contact us at [email protected]
or [email protected]
Orchestra also reserves the right to terminate or suspend your access to the service or your account for any reason at our discretion, including if you violate these Terms. We have the sole authority to determine whether you have violated any of the restrictions outlined in these Terms.
Account termination may result in the deletion of any content associated with your account, so please consider this before deciding to terminate your account. If you have deleted your account by mistake, please contact us immediately at [email protected]
Unless you have a separate agreement with Orchestra, if you cease using Orchestra for more than a six-month period, we may delete your User Submissions and Personal Data. Prior to such deletion, we will make reasonable efforts to contact you to provide an opportunity to object to such deletion.
Provisions that, by their nature, should survive termination of these Terms will continue to apply even after termination. This includes, but is not limited to, your obligations to pay us or indemnify us, limitations on our liability, terms regarding ownership or intellectual property rights, and terms governing disputes between us.
Regarding your use of the Orchestra App available through the Apple App Store, there are additional terms to be aware of:
(a) Both you and Orchestra acknowledge that these Terms are an agreement between you and Orchestra, and not with Apple, Inc. ("Apple"), and that Apple is not responsible for the Application or its content.
(b) The Application is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis for your private, personal, non-commercial use in connection with Orchestra, subject to the terms and conditions of these Terms as they apply to Orchestra.
(c) You agree to use the Application only with an Apple device that you own or control.
(d) You understand and agree that Apple has no obligation to provide any maintenance or support services for the Application.
(e) In the event of any failure of the Application to conform to any warranty, you may notify Apple, and Apple's sole obligation will be to refund the purchase price of the Application, if applicable.
(f) You acknowledge that Orchestra, not Apple, is responsible for addressing any claims you or third parties may have relating to the Application.
(g) In the event of any third-party claim that the Application or your use of it infringes on their intellectual property rights, Orchestra, not Apple, will be responsible for handling the investigation, defense, settlement, and discharge of any such claim.
(h) You represent and warrant that you are not located in a country subject to U.S. government sanctions or designated as a "terrorist-supporting" country and that you are not listed on any U.S. government list of prohibited or restricted parties.
(i) Both you and Orchestra agree to comply with any applicable third-party terms of agreement that may affect or be affected by your use of the Application.
(j) You and Orchestra acknowledge that Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.Here are some additional important points to consider from the terms and conditions:Warranty Disclaimer:
Company, its licensors, and suppliers do not make any representations or warranties regarding the accuracy, copyright compliance, legality, or decency of content within Orchestra. Orchestra and content are provided on an "as-is" basis, without warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.Limitation of Liability:
To the fullest extent allowed by applicable law, Company (and its licensors or suppliers) shall not be liable for any indirect, special, incidental, or consequential damages, including lost profits, loss of goodwill, work stoppage, or computer failure. Company's liability is limited to the greater of $100, the amounts paid by you to Company in the twelve months preceding the claim, or any matter beyond its reasonable control.Indemnity:
You agree to indemnify and hold Company, its affiliates, officers, agents, employees, and partners harmless from any third-party claims related to your use of Orchestra or your violation of these Terms.Assignment:
You cannot assign, delegate, or transfer these Terms or your Orchestra account without Company's prior written consent. Company may transfer, assign, or delegate these Terms and its rights and obligations without consent.Choice of Law; Arbitration:
These Terms are governed by California law, and any disputes shall be resolved through arbitration in San Francisco, California, according to the Streamlined Arbitration Rules of JAMS. Class arbitrations and class actions are not allowed.Miscellaneous:
You are responsible for taxes associated with your activity on Orchestra. The failure to exercise any right under these Terms does not constitute a waiver. If any provision is unenforceable, it will be limited or eliminated to the minimum extent necessary. These Terms constitute the complete and exclusive understanding between you and Company, superseding all previous agreements. There are no intended third-party beneficiaries under these Terms, except as specified in the section regarding the Apple Application.