Terms of Service

Orca Advisor Inc.
Effective Date: February 9, 2026

These Terms of Service ("Terms") govern access to and use of the services provided by Orca Advisor Inc. ("Orca Advisor," "Company," "we," "us," or "our") (collectively, the "Services").

By accessing or using the Services, or by creating an account, you agree to be bound by these Terms. You acknowledge and agree that your acceptance of these Terms may occur through a clickwrap, account creation process, invitation, administrator-enabled access, or continued use of the Services, each of which constitutes acceptance. If you are accepting these Terms on behalf of an entity, you represent and warrant that you have authority to bind that entity, and "you" refers to that entity.

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

For purposes of these Terms, the Services include the Orca Advisor website, applications, dashboards, reports, analytics, artificial intelligence–powered tools, and related content and functionality (collectively, the "Platform"). Certain features, tools, or offerings within the Services may be subject to additional terms, policies, or guidelines presented to you in connection with those features. Any such additional terms are incorporated by reference into these Terms and form part of the agreement between you and Orca Advisor.

Certain aspects of the Services, including pricing, usage limits, license counts, access duration, and subscription terms, may be specified in an order form, subscription plan, or other purchase documentation, which is incorporated by reference into these Terms.

1. Eligibility and Account Authority

You must be at least 18 years of age and using the Services for lawful business or professional purposes. You represent that all information you provide is accurate and complete and that you have authority to submit any data provided to the Services.

You are responsible for all activity conducted through your account, including activity by employees, contractors, or other authorized users. You may not share login credentials or permit unauthorized access.

2. Nature of the Services

The Services provide business insights, analytics, benchmarking, and decision-support tools generated from information you provide and other data sources, including automated and artificial intelligence–based systems.

The Services are provided for informational and educational purposes only. The Services do not provide legal, tax, accounting, investment, fiduciary, or other regulated professional advice. You are solely responsible for evaluating the outputs of the Services and for all decisions made based on those outputs.

Orca Advisor may provide technical support, customer assistance, or other support services in connection with the Services. The nature, scope, and availability of any support may vary and may change over time. Unless expressly agreed in writing in a separate agreement, Orca Advisor does not guarantee response times, resolution times, or specific support levels.

Access to the Services is provided on an as-available basis. Orca Advisor may modify, suspend, limit, or discontinue access to all or part of the Services from time to time, including for maintenance, updates, security reasons, operational needs, or business circumstances. Orca Advisor does not guarantee uninterrupted availability of the Services.

3. Artificial Intelligence and Automated Processing

Certain features of the Services utilize artificial intelligence, machine learning, and automated analytical systems.

You acknowledge and agree that:

  • AI-generated outputs are probabilistic in nature and may be inaccurate, incomplete, or outdated.
  • Outputs are dependent on the quality, completeness, and accuracy of data inputs.
  • Orca Advisor does not guarantee the accuracy, completeness, or suitability of any output.
  • You must exercise independent judgment and verification before relying on any output.
  • Orca Advisor does not assume any fiduciary duty or advisory obligation.

Models, algorithms, and methodologies may change over time without notice.

4. Partners and Third-Party Relationships

Orca Advisor may offer the Services directly or through relationships with banks, lenders, advisors, or other partners (singularly, a "Partner" and collectively, "Partners").

You acknowledge and agree that:

  • A Partner may sponsor, facilitate, or subsidize your access to the Services.
  • Orca Advisor remains an independent service provider and is not an agent of any Partner.
  • Partners do not control Orca Advisor's analytics, outputs, or methodologies.
  • Orca Advisor may share information with Partners as described in these Terms and applicable disclosures.
  • Orca Advisor may market and provide additional services to you independently of any Partner relationship.

Nothing in these Terms creates exclusivity, agency, or fiduciary relationships between Orca Advisor and any Partner.

5. Data Rights and Usage

5.1 Customer Data

You retain ownership of data you submit to the Services ("Customer Data"). You grant Orca Advisor a non-exclusive, worldwide, royalty-free, sublicensable license to host, process, analyze, modify, and use Customer Data to operate, maintain, improve, and provide the Services.

You represent and warrant that you have all rights necessary to submit Customer Data and that such submission does not violate any law or third-party obligation.

5.2 Outputs and Derived Data

All analytics, reports, insights, benchmarks, models, and outputs generated by the Services ("Outputs") are owned by Orca Advisor. You receive a limited, non-exclusive, non-transferable license to use Outputs for your internal business purposes only.

5.3 Aggregated and Anonymized Data

Orca Advisor may create aggregated, anonymized, or de-identified data derived from Customer Data and Outputs. Such data does not identify you or any individual and is owned exclusively by Orca Advisor. Orca Advisor may use such data for benchmarking, analytics, research, and commercial purposes indefinitely.

6. Acceptable Use

You agree not to:

  • Reverse engineer, decompile, or attempt to extract source code, models, or methodologies.
  • Scrape, harvest, or extract data or Outputs except as expressly permitted.
  • Use Outputs to train competing models or products.
  • Circumvent security controls or usage limits.
  • Interfere with or disrupt the Services.
  • Use the Services in violation of law or third-party rights.

Orca Advisor may suspend or terminate access for violations of this section.

7. Intellectual Property and License Grant

All intellectual property rights in the Services, including software, models, workflows, interfaces, Outputs, and documentation, are owned by Orca Advisor or its licensors. No rights are granted except as expressly stated in these Terms.

Subject to your continued compliance with these Terms, Orca Advisor grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Services and Outputs solely for your internal business purposes during the period you are authorized to use the Services.

Any feedback you provide may be used by Orca Advisor without restriction or obligation.

8. Third-Party Services and Links

The Services may include links to, integrations with, or enable access to third-party websites, applications, data sources, tools, or services ("Third-Party Services"). Such Third-Party Services are provided solely as a convenience and are not under the control of Orca Advisor.

Orca Advisor does not endorse, warrant, or assume responsibility for any Third-Party Services, including their availability, accuracy, security, or content. Your use of any Third-Party Services is at your own risk and subject to the applicable terms and policies of the third party.

9. Referral and Compensation Disclosure

Orca Advisor may, from time to time, pay referral fees or other compensation to third parties in connection with customer referrals to the Services. Orca Advisor may also receive compensation or other benefits in connection with recommending, referring, or integrating third-party products or services. Any such arrangements do not affect Orca Advisor's independence or create any fiduciary or advisory relationship, and Orca Advisor does not guarantee or endorse any third-party products or services.

10. Confidentiality

Orca Advisor will treat non-public Customer Data as confidential, subject to permitted uses under these Terms, legal requirements, and disclosures of aggregated or anonymized data. Confidentiality obligations survive termination.

11. Indemnification

You agree to indemnify and hold harmless Orca Advisor and its affiliates from any claims, damages, losses, and expenses arising out of:

  • Customer Data you submit.
  • Your use or misuse of the Services or Outputs.
  • Violation of law or third-party rights.
  • Breach of these Terms.

12. Disclaimers

THE SERVICES AND OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE." ORCA ADVISOR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, including warranties of accuracy, merchantability, fitness for a particular purpose, and non-infringement.

Orca Advisor does not warrant uninterrupted availability or error-free operation.

13. Limitation of Liability

To the maximum extent permitted by law:

  • Orca Advisor shall not be liable for indirect, incidental, consequential, punitive, or special damages.
  • Orca Advisor's total liability shall not exceed the fees paid by you for the Services in the twelve months preceding the claim.

This limitation does not apply to your indemnification obligations.

14. Termination

You may stop using the Services at any time. Orca Advisor may suspend or terminate access for any reason, including violation of these Terms. Upon termination, your license ends, but Sections relating to IP, data rights, indemnification, disclaimers, arbitration, and liability survive.

15. Arbitration and Dispute Resolution

By accessing or using the Services, you knowingly and voluntarily agree to resolve disputes through binding arbitration as described in this Section.

15.1 Mandatory Arbitration

Except as expressly stated, any dispute arising out of or relating to these Terms or the Services shall be resolved by binding arbitration under the Federal Arbitration Act.

15.2 Informal Resolution

Before initiating arbitration, the parties agree to attempt good-faith informal resolution. Statutes of limitation are tolled during this process.

15.3 Class and Jury Waiver

Disputes must be brought on an individual basis only. You waive any right to a jury trial or class action.

15.4 Opt-Out

You may opt out of arbitration within 30 days of first accepting these Terms by providing written notice to: admin@orcaadvisor.com or Orca Advisor Inc., 1111 Rush Ave, Bellefontaine, Ohio 43311.

15.5 Governing Law

Ohio law governs these Terms.

16. Modifications

Orca Advisor may update these Terms from time to time. Continued use after notice constitutes acceptance. If we make material changes to these Terms, we will provide reasonable notice through the Services or by other reasonable means.

17. Contact

Orca Advisor Inc.
1111 Rush Ave
Bellefontaine, Ohio 43311
Email: support@orcaadvisor.com