Introduction
1.1Binding Agreement
These Terms of Sale and Terms of Use constitute a legally binding agreement between ORCA AI LLC, doing business as AIFLOW.BUSINESS, and the business customer accessing, subscribing to, or using the Services.
AIFLOW is intended exclusively for business and professional use. It is not intended for personal, household, or consumer use.
1.2Incorporated Documents
These Terms incorporate by reference the AIFLOW Safety Rules, the AIFLOW Privacy Policy, and any other policy expressly identified as forming part of the contractual relationship.
1.3Legal Review
This document requires external legal review before production release.
Definitions
2.1Company
"Company", "ORCA AI LLC", "AIFLOW", "we", "our", or "us" means ORCA AI LLC, doing business as AIFLOW.BUSINESS.
2.2Customer
"Customer", "you", or "your" means the business, company, organization, agency, franchise, sole proprietor, independent professional, or other commercial entity using the Services.
2.3Services
"Services" means all AIFLOW software, websites, applications, dashboards, artificial intelligence features, automation systems, APIs, integrations, support services, subscription plans, and present or future functionality.
2.4Customer Content
"Customer Content" means all prompts, text, images, videos, audio, documents, logos, trademarks, advertisements, campaigns, business information, files, data, and other materials created, uploaded, imported, generated, scheduled, approved, transmitted, or published by or for the Customer.
2.5Generated Content
"Generated Content" means any content, recommendation, analysis, suggestion, report, workflow, or other output produced in whole or in part through AIFLOW artificial intelligence systems.
2.6Third-Party Platform
"Third-Party Platform" means any external social network, payment processor, cloud provider, artificial intelligence provider, communication service, advertising platform, analytics provider, storage provider, or other external service connected to or used by AIFLOW.
Acceptance of the Terms
3.1Express Acceptance
Before completing a paid subscription, the Customer must expressly accept these Terms through the acceptance mechanism presented during the Stripe Checkout process or through another official acceptance mechanism designated by ORCA AI LLC.
A paid subscription cannot be completed when required acceptance has not been provided.
3.2Electronic Acceptance
To the fullest extent permitted by applicable law, electronic acceptance has the same legal effect as a handwritten signature.
3.3Authority
The person accepting these Terms represents that they have authority to bind the Customer to this Agreement.
AIFLOW Services
4.1Purpose
AIFLOW is a B2B Artificial Intelligence Marketing Operating System designed to assist businesses with content generation, marketing planning, publication management, advertising, analytics, workflow automation, customer communications, and related professional activities.
4.2Service Evolution
ORCA AI LLC may update, improve, replace, reorganize, introduce, suspend, or discontinue features when reasonably necessary for product development, security, legal compliance, infrastructure management, or Third-Party Platform compatibility.
4.3No Guaranteed Results
ORCA AI LLC does not guarantee specific marketing, commercial, advertising, financial, operational, audience, engagement, conversion, revenue, or business results.
Subscription Plans
5.1Plan Access
Access to Services is determined by the Customer's active Subscription Plan, including its features, usage limits, support level, storage, integrations, automation capabilities, and artificial intelligence functions.
5.2Plan Availability
ORCA AI LLC may offer Professional, VIP, Franchisee, Enterprise, Free Trial, promotional, invitation-based, or future plans. Availability may depend on location, eligibility, invitation status, business category, or a separate commercial agreement.
5.3Limited Access Right
A Subscription grants a limited, non-exclusive, non-transferable, non-sublicensable, and revocable right to access the subscribed Services during the applicable Subscription Term.
Billing and Payments
6.1Subscription Fees
The Customer agrees to pay all fees, taxes, and applicable charges associated with the selected Subscription Plan.
6.2Payment Provider
Payments are processed by authorized third-party payment providers. ORCA AI LLC does not collect or store complete Customer payment card details.
6.3Payment Failure
A declined, reversed, disputed, cancelled, fraudulent, or otherwise unsuccessful payment may result in delayed activation, payment retry, suspension, restricted access, or termination.
6.4Pricing Changes
Pricing changes apply to future Subscription Terms and will not retroactively alter fees already paid for the current Subscription Term.
Subscription Renewal
7.1Initial Term
Unless ORCA AI LLC expressly agrees otherwise in writing, each paid Subscription is entered into for a minimum initial term of twelve consecutive months.
7.2Automatic Renewal
At the end of the initial or any subsequent Subscription Term, the Subscription automatically renews for a further twelve-month period unless validly terminated in accordance with these Terms.
7.3Non-Renewal Notice
The Customer must send written notice of non-renewal at least one month before the anniversary date of the current Subscription Term.
A notice received after the applicable deadline may take effect only at the end of the next Subscription Term, subject to mandatory applicable law.
Cancellation Policy
8.1Effective Date
A valid cancellation ordinarily becomes effective at the end of the current committed Subscription Term.
8.2Early Cancellation
Except where required by mandatory law or agreed in writing by ORCA AI LLC, early cancellation does not release the Customer from payment obligations for the remaining committed Subscription Term.
Refund Policy
9.1General Rule
Except where mandatory applicable law requires otherwise or ORCA AI LLC expressly approves a refund in writing, Subscription Fees and related charges are non-refundable.
9.2Unused Services
A decision not to use all or part of the Services does not entitle the Customer to a full or partial refund.
Customer Responsibilities
10.1Sole Responsibility
The Customer remains solely responsible for all decisions, instructions, actions, campaigns, workflows, automations, communications, publications, advertisements, files, and business operations performed through AIFLOW.
10.2Publication Control
Every immediate, scheduled, automated, or future publication made through AIFLOW results from a Customer instruction, approval, configuration, or continuing authorization.
ORCA AI LLC does not independently decide to publish Customer Content and does not act as the Customer's publisher, editor, communications agency, advertising agency, legal representative, or business operator.
10.3Verification Duty
The Customer must review and verify all Customer Content, Generated Content, campaigns, communications, workflows, and automated actions before use and must continue to monitor scheduled or automated activity.
10.4Legal and Platform Compliance
The Customer is solely responsible for compliance with applicable laws, regulations, licenses, advertising rules, privacy obligations, intellectual property rights, industry requirements, and Third-Party Platform policies.
AI Generated Content
11.1Assistance Only
Artificial intelligence features provide assistance, suggestions, analyses, recommendations, predictions, and Generated Content. They do not replace the Customer's independent professional judgment.
11.2AI Limitations
Generated Content may be incomplete, inaccurate, outdated, unsuitable, biased, unexpected, or similar to content produced for other users.
ORCA AI LLC does not guarantee that Generated Content is legally compliant, original, error-free, commercially effective, or appropriate for the Customer's specific circumstances.
11.3No Professional Advice
Generated Content and recommendations do not constitute legal, financial, tax, accounting, medical, investment, regulatory, employment, or other regulated professional advice.
User Uploaded Content
12.1Required Rights
The Customer represents that it owns or has all necessary licenses, permissions, consents, and legal rights to upload, process, modify, generate from, distribute, advertise, transmit, or publish Customer Content.
12.2Prohibited Uploads
The Customer must not upload illegal, infringing, fraudulent, deceptive, malicious, unsafe, exploitative, hateful, terrorist, sexually prohibited, or otherwise prohibited content.
Intellectual Property
13.1AIFLOW Property
AIFLOW software, source code, interfaces, workflows, engines, models, databases, designs, trademarks, branding, documentation, architecture, and underlying technology remain the property of ORCA AI LLC or its licensors.
13.2Customer Materials
The Customer retains its rights in Customer Content, subject to the limited permissions required for ORCA AI LLC and its service providers to operate the Services.
13.3Feedback
The Customer grants ORCA AI LLC the right to use suggestions and feedback relating to AIFLOW for product improvement without creating a payment or ownership obligation.
Third-Party Services
14.1External Dependencies
Certain Services depend on Third-Party Platforms. ORCA AI LLC does not control their availability, pricing, policies, algorithms, technical requirements, security, or decisions.
14.2Official Authorization
Connected Accounts use official authorization methods made available by the applicable Third-Party Platform whenever supported.
AIFLOW does not request or store Customer passwords for connected Third-Party Platforms.
Privacy and Data
15.1Data Minimization
ORCA AI LLC limits the collection, processing, and retention of Customer information to what is reasonably necessary to provide, secure, maintain, improve, support, and legally operate the Services.
15.2No Sale of Personal Data
ORCA AI LLC does not sell or rent Customer personal data.
15.3Operational Retention
Operational data that is no longer required for the Services is intended to be deleted within a maximum period of one month, unless a longer period is required for security, fraud prevention, dispute resolution, contractual enforcement, legal compliance, accounting, tax, regulatory, or other legitimate obligations.
15.4Privacy Policy
Additional information concerning data processing is provided in the AIFLOW Privacy Policy.
Security
16.1Shared Security Responsibility
ORCA AI LLC implements commercially reasonable safeguards, but account security also depends on the Customer's devices, networks, email accounts, authentication methods, personnel, and security practices.
16.2Customer Security Duties
The Customer must protect its devices, passkeys, biometric access, trusted devices, email accounts, credentials, recovery methods, and access permissions.
16.3Security Limitations
No security system, human review, automated filter, artificial intelligence system, authentication technology, or network can guarantee absolute protection against every threat or unauthorized act.
Suspension and Termination
17.1Suspension
ORCA AI LLC may block content, restrict functionality, suspend access, delay actions, or require verification where it reasonably detects non-payment, fraud, illegal activity, security threats, prohibited content, abuse, policy violations, or material contractual breaches.
17.2Termination
ORCA AI LLC may terminate access where a material breach is not cured, where repeated violations occur, where continued service would be unlawful or unsafe, or where required by a Third-Party Platform or competent authority.
17.3Survival
Payment obligations, intellectual property provisions, confidentiality duties, indemnification, limitations of liability, dispute provisions, and other provisions intended by their nature to survive will remain effective after termination.
Limitation of Liability
18.1Service Basis
The Services are provided on an "as is" and "as available" basis to the fullest extent permitted by applicable law.
18.2Excluded Damages
To the fullest extent permitted by applicable law, ORCA AI LLC will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, loss of profits, revenue, opportunity, reputation, goodwill, data, advertising performance, audience, or business interruption.
18.3Customer Publications and Actions
To the fullest extent permitted by applicable law, ORCA AI LLC is not responsible for claims, sanctions, losses, platform actions, or other consequences resulting from Customer Content, Customer instructions, Customer approvals, publications, campaigns, automations, communications, or business decisions.
18.4Mandatory Law
Nothing in these Terms excludes liability that cannot legally be excluded or limited.
Governing Law and Disputes
19.1Applicable Law
The final governing law, jurisdiction, venue, and dispute resolution provisions must be confirmed through external legal review before production release.
19.2Good-Faith Resolution
Before commencing formal proceedings, the parties should make reasonable efforts to resolve disputes through good-faith written communications, unless urgent relief or mandatory law requires otherwise.
Contact
20.1Official Contact
Questions, notices, and requests concerning these Terms may be sent to Victoria@aiflow.business.
Version History and Revisions
21.1Current Version
The current draft version is AIFLOW-TERMS-2026-07. Its Effective Date will be completed only after external legal review and formal production approval.
21.2Future Revisions
ORCA AI LLC may revise these Terms to reflect changes in the Services, business model, security, legal requirements, Third-Party Platforms, or operational practices.
Material revisions will be communicated where required by applicable law. Each published version will carry a distinct version identifier.
21.3Reference Language
English is the reference language of these Terms. French and Spanish translations may be provided for convenience and accessibility, subject to mandatory applicable law.