Terms of Service

Last updated: February 23rd, 2023

Thank you for visiting http://sdk.orcacomputing.com, where you will find ORCA’s PT-Series Software Development Kit. Before you use this Website, please read this Terms of Service agreement carefully.

Please note, this Terms of Service agreement governs only your (the “User” – see definition below) interaction with and use of this Website. The Software made available through this Website is subject to an End-User License Agreement and you will be required to confirm that you have read, understood and accept both this Terms of Service agreement and the End-User Licence Agreement before gaining access to the Software.

1. Definitions

  1. "ORCA", "We", and "Us" refers to ORCA Computing Limited, as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
  2. "User" refers to a natural person that creates, accesses or uses any part of a User Account on the Website, or that directs to use the User Account to perform its function. Please note that additional terms may apply for User Accounts related to business or government.
  3. “User Account” refers to an individual User’s authorization to log in to and use the Service and serves as a User’s identity on the Website.
  4. “User Data” refers to any information submitted by the User to create a User Account or otherwise provided by the User to ORCA through use of the Website, including but not limited to a username, email address and password.
  5. "Website" refers to ORCA’s website at http://sdk.orcacomputing.com, including its subdomains.
  6. “Content” refers to content featured or displayed through the Website, including without limitation code, text, data, articles, images, photographs, graphics, software, applications, packages, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes the Software.
  7. "Service" refers to the provision of access to the Repository and any Content on the Website, and other services that ORCA may provide in relation to a User Account.
  8. “Repository” means the repository containing the Software that is made available to a User via their User Account.
  9. “Software” means ORCA’s proprietary PT-Series Software Development Kit including any Updates, Documentation and related materials that ORCA may provide at its discretion in the Repository.
  10. “Update(s)” means all upgrades, revisions, patches, enhancements, fixes, modifications, copies, additions or maintenance packs etc.
  11. “Documentation” means any technical materials that ORCA makes available to The User in any form, including through the provision of access via the User’s User Account, describing the use and operation of the PT-Series Software Development Kit and any Updates.

2. Provision of Service

By creating a User Account, or otherwise accessing the Repository, the User agrees to comply with and be legally bound by this Terms of Service agreement in its entirety. Subject to the User’s compliance with the terms of this Terms of Service agreement, ORCA will provide the User’s User Account with access to the Repository.

3. Account Terms

The User must be a human to create a User Account. User Accounts registered by "bots" or other automated methods are not permitted. The User must provide a valid email address in order to complete the signup process.

The User is responsible for keeping the User’s User Account secure while the User uses our Service. We recommend that the User set up two-factor authentication to help the User maintain the User’s User Account's security, but the security of the User’s credentials is up to the User.

The User hereby grants ORCA the right to use the User’s User Data as necessary for the purposes of providing the Service and, if applicable, to monitor compliance with any signed, written agreement between ORCA and any company or legal entity on whose behalf the User is accessing the Service (for example, by confirming that only an agreed number of email addresses associated with that company or legal entity have access to the Service). As between the parties, the User owns all rights in their User Data.

The User agrees that the User will not, and will not permit any other party to: (a) allow any third party to access the Service, except as expressly allowed herein; (b) access or use the Service for the purpose of developing or creating a competitive service or product.

4. Acceptable Use

The User’s use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, or other laws in the User’s jurisdiction. The User is responsible for making sure that the User’s use of the Service is in compliance with laws and any applicable regulations.

The User understands that it is the User’s responsibility to keep the User’s User Account information confidential. The User is responsible for all activity under the User’s User Account. If the User ever discovers or suspects that someone has accessed the User’s User Account without the User’s authorisation, the User is advised to inform us immediately so that we may revoke the User’s User Account credentials and issue new ones.

Sharing of the User’s credentials for sharing a User Account or data or for any other purposes is prohibited. Any such usage may lead to the permanent closure of the User’s User Account.

5. Intellectual Property

ORCA owns and retains all right, title and interest (including, but not limited to, all patent rights, copyright and trademarks) in all Content provided through the Website. An End-User License Agreement is provided separately and governs the rights and obligations of the User in relation to the Software. The User is referred to as a Representative in the End-User Licence Agreement. The User is responsible for reading and accepting the End-User License Agreement prior to the download, installation or use of the Software.

6. Privacy

ORCA’s use of the User’s User Data is governed by our SDK Site Privacy Statement, which can be found here: https://sdk.orcacomputing.com/assets/privacy.html

7. Cancellation and Termination

7.1 Account Cancellation by User

The User may cancel the User’s User Account at any time by writing to us.

7.2 Account cancellation or restriction by ORCA

ORCA has the right to suspend or terminate the User’s access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. ORCA reserves the right to refuse service to anyone for any reason at any time.

7.3 Upon Cancellation

We will retain and use the User’s information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete all User Data that we hold in relation to the User’s User Account within 90 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once the User’s User Account is cancelled.

7.4 Survival

All provisions of this Terms of Service agreement which, by their nature, should survive termination will survive termination — including, without limitation: Intellectual Property, Disclaimer of Warranties, and Limitations of Liability.

8. Disclaimer of Warranties

ORCA provides the Website and the Service “as is” and “as available,” without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

ORCA does not warrant that the Service will meet the User’s requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. The User assumes full responsibility and risk of loss resulting from the User’s downloading and/or use of Content obtained from the Service.

9. Limitation of Liability

The User understands and agrees that we will not be liable to the User or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from: Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Terms of Service agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.

10. Changes to These Terms

We reserve the right, at our sole discretion, to amend this Terms of Service agreement at any time and will update this Terms of Service agreement in the event of any such amendments. The current version of the Terms of Service agreement is available on the Website. The User understands that it is the User’s obligation to review this Terms of Service agreement from time to time in order to stay informed on current rules and obligations. The User’s use of the User’s User Account, the Content or Service following the changes to this Terms of Service agreement constitutes the User’s acceptance of the changed Terms of Service agreement.

11. Miscellaneous

11.1 Governing Law

This Terms of Service agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation are governed by, and this Terms of Service agreement is to be construed in accordance with, English law. The English Courts will have exclusive jurisdiction to deal with any dispute (including any non-contractual claim or dispute) which has arisen or may arise out of or in connection with this Terms of Service agreement, except that a Party may bring proceedings to protect its intellectual property in any jurisdiction.

11.2 Assignment

The User may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by the User is void.

11.3 Illegal/Unenforceable provisions

If the whole or any part of any provision of this Terms of Service agreement is void or unenforceable in any jurisdiction, the other provisions of this Terms of Service agreement, and the rest of the void or unenforceable provision, will continue in force in that jurisdiction, and the validity and enforceability of that provision in any other jurisdiction will not be affected.

11.4 Waiver of Rights

If a Party fails to enforce or delays in enforcing an obligation of any other Party, or fails to exercise or delays in exercising a right under this Terms of Service agreement, that failure or delay will not affect its right to enforce that obligation or constitute a waiver of that right. Any waiver by a Party of any provision of this Terms of Service agreement will not, unless expressly stated to the contrary, constitute a waiver of that provision on a future occasion.

11.5 Amendments

This Terms of Service agreement may only be modified by a written amendment signed by an authorized representative of ORCA, or by the posting by ORCA of a revised version in accordance with Changes to These Terms.

11.6 No Agency etc.

Nothing in this Terms of Service agreement creates, implies or evidences any partnership or joint venture between the User and ORCA, or the relationship between the User and ORCA of principal and agent. Neither the User nor ORCA has any authority to make any representation or commitment, or incur any liability, on behalf of the other party.

11.7 Entire Agreement

This Terms of Service agreement represents the entire agreement on the Service between the Parties and supersedes all prior negotiations, representations or agreements, either written or oral, regarding its subject matter.

11.8 Contact

If the User has questions about this Terms of Service agreement, the User can contact ORCA: Email: support@orcacomputing.com
ORCA Computing Limited
30 Eastbourne Terrace
London
W2 6LA
United Kingdom