Last updated · May 8, 2026

Terms of Service

These Terms govern your use of Orckera ("we", "us", "our") and the AI-driven risk intelligence service we provide for construction projects (the "Service"). By creating an account or connecting an integration, you agree to these Terms.

1. Acceptance of terms

By accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and "you" refers both to you and that organization.

2. Description of the Service

Orckera ingests project communications and documents from connected services (such as Microsoft 365 and Dropbox), builds a project-specific knowledge graph using AI, and surfaces risk intelligence including schedule risks, commitment tracking, and silence detection. The Service is provided as software-as-a-service through web access and is delivered "as available."

3. Account and eligibility

You must be at least eighteen (18) years old and able to form a legally binding contract to use the Service. You are responsible for maintaining the security of your account credentials. You agree to notify us immediately of any unauthorized access to or use of your account.

4. Authorization to access connected data

When you authorize Orckera to connect to a third-party service, you represent and warrant that:

  • You have lawful authority to grant access to the data within the scope you select
  • You have any consents required from third parties whose data may be processed (collaborators, project participants, contract counterparties)
  • The data does not violate any applicable law or third-party rights

You can revoke access at any time by disconnecting the integration in the Service or in the upstream provider (Microsoft, Dropbox, etc.). Upon revocation, ingestion ceases immediately.

5. Customer data ownership

You retain all rights, title, and interest in and to the data you connect to the Service ("Customer Data"). You grant us a limited, non-exclusive license to access, process, and store the Customer Data solely for the purpose of providing the Service to you. We do not use Customer Data to train AI models, and we do not aggregate Customer Data across customers.

6. Acceptable use

You agree not to:

  • Connect data you are not authorized to access or share
  • Use the Service for any unlawful purpose or in violation of any applicable regulation
  • Attempt to reverse-engineer, decompile, or otherwise extract the source code of the Service
  • Probe, scan, or test the vulnerability of the Service or any related infrastructure without our written permission
  • Interfere with or disrupt the integrity or performance of the Service
  • Resell, sublicense, or commercially exploit the Service without our written permission

7. Intellectual property

The Service, including its software, models, prompts, design, and documentation (collectively, "Service IP"), is and will remain the property of Orckera and its licensors. These Terms do not grant you any rights to the Service IP except the limited right to use the Service in accordance with these Terms.

Output generated by the Service from your Customer Data — risk items, extracted entities, derived classifications — is part of your Customer Data, and you may use it for any lawful purpose within your organization.

8. Confidentiality

We will treat your Customer Data and any non-public information about your projects with reasonable care, using safeguards no less protective than those we apply to our own confidential information of similar sensitivity.

9. AI-generated output

The Service produces AI-generated risk intelligence including extractions, classifications, severity assessments, and suggested actions. This output is generated by automated systems and may contain errors, omissions, or misinterpretations. The Service surfaces evidence chains and confidence indicators with each output to assist your judgment, but you are responsible for reviewing and verifying any output before acting on it. We recommend treating high-confidence outputs as informational input to human decisions, not as substitutes for professional judgment.

10. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM SECURITY VULNERABILITIES. WE DO NOT WARRANT THAT AI-GENERATED OUTPUTS ARE ACCURATE, COMPLETE, OR SUITABLE FOR ANY PARTICULAR USE.

11. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL ORCKERA, ITS AFFILIATES, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LIQUIDATED DAMAGES ON YOUR PROJECTS, ARISING OUT OF OR RELATED TO THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY. OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

12. Indemnification

You agree to indemnify and hold harmless Orckera and its affiliates against any third-party claims, losses, or damages arising from (a) your violation of these Terms, (b) your unauthorized connection of data to the Service, or (c) your violation of any law or third-party rights.

13. Termination

You may terminate your account at any time by emailing [email protected]. We may suspend or terminate access to the Service for any account that violates these Terms or that exposes the Service or other customers to risk. Upon termination, we will retain your Customer Data for thirty (30) days to allow export, then permanently delete it unless legal hold requires otherwise.

14. Changes to the Service or Terms

We may modify the Service or these Terms over time. Material changes to these Terms will be communicated by email to account owners at least 30 days before taking effect. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

15. Governing law and venue

These Terms are governed by the laws of the State of Delaware, U.S.A., without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms will be brought exclusively in the state or federal courts located in Delaware, and you consent to the personal jurisdiction of those courts.

16. Miscellaneous

These Terms constitute the entire agreement between you and Orckera regarding the Service. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force. Our failure to enforce any right or provision of these Terms is not a waiver. You may not assign these Terms without our prior written consent.

17. Contact

Questions about these Terms or about the Service:

[email protected]