Terms of Service

01Definitions

• “Service”: the Orchexa platform, dashboard, APIs, widgets, voice and chat agents, and related software.
• “Customer”, “you”: the individual or legal entity that accepts these Terms.
• “Customer Data”: any content, knowledge documents, conversations, voice recordings, transcripts, leads, and configuration uploaded to or generated through the Service by you or your end users.
• “End User”: any third party (e.g., your customer) interacting with an agent you deploy.
• “Subscription”: a paid plan (Starter, Growth, Business, Enterprise) or Free Trial.

02Account, Eligibility, and Access

You must be at least 18 years old and able to form a binding contract under Vietnamese law to use the Service. You are responsible for safeguarding your credentials and for all activity under your account.

We may verify your identity, business registration, or domain ownership before activating production features such as outbound voice calls.

03Subscriptions, Billing, and Refunds

• Plans, quotas, and overage rates are published at orchexa.io/pricing and reflect the canonical feature matrix.
• Fees are billed in Vietnamese Dong (VND) in advance for the chosen billing cycle (monthly or yearly). Yearly plans are non-refundable except as required by law.
• Overage usage is billed in arrears at the per-session or per-minute rate of your tier. Voice usage auto-stops at 150% of monthly quota on Growth and Business to prevent bill shock.
• We may change prices or quotas with at least 30 days’ notice via email or in-product announcement. Existing prepaid terms are honored until renewal.
• Late payments may result in suspension of the Service after 7 days’ notice.

04Free Trial

The 7-day Free Trial provides limited access (100 conversations, voice Day Pass, 1 agent). At the end of the trial, you must select a paid plan to continue using the Service. Data created during the trial is retained for 30 days then permanently deleted unless you upgrade.

05Acceptable Use

You and your End Users agree NOT to use the Service to:

• Violate any applicable law or third-party rights, including Vietnam’s Personal Data Protection Decree 13/2023/ND-CP and consumer protection law.
• Send spam, fraud, scams, multi-level marketing, or unsolicited bulk messages.
• Impersonate a person or organization without authorization, including impersonating a human agent without disclosure where the law requires it.
• Process payment card data, government IDs at scale, or special-category data (health, biometrics, political views, sexual orientation) without a separate written agreement.
• Reverse-engineer, scrape, or attempt to extract model weights, system prompts, or training data.
• Run benchmarks or competitive analysis without prior written consent.
• Generate content that is illegal, harmful to minors, deceptive in elections, or designed to evade safety guardrails.

06Customer Data and AI Outputs

You retain all rights in Customer Data. You grant Orchexa a worldwide, non-exclusive license to host, process, and display Customer Data solely to provide and improve the Service for you.

Orchexa does NOT use your Customer Data to train shared or foundation models. Anonymized, aggregated telemetry (e.g., latency, error rates) may be used to operate and improve the platform.

AI-generated outputs may be inaccurate, incomplete, or unsuitable for high-stakes decisions. You are responsible for reviewing outputs before relying on them, especially in healthcare, legal, or financial contexts. Outputs are not professional advice.

07Third-Party Services and Channels

Connecting Zalo OA, Facebook Messenger, WhatsApp, Telegram, TikTok Shop, CRMs, or any third-party platform is governed by that platform’s terms. You are responsible for maintaining valid credentials and for compliance with each platform’s policies.

08Service Levels and Support

• Uptime targets: Starter 99.5% · Growth 99.9% · Business 99.95% · Enterprise 99.99% (informational, see your order form for SLA credits).
• Email support response targets: Starter 48h · Growth 24h · Business priority · Enterprise 24/7 with named TAM.
• Scheduled maintenance is announced at status.orchexa.io and excluded from uptime calculations.

09Intellectual Property

Orchexa retains all rights, title, and interest in the Service, including software, models, trademarks, and documentation. Nothing in these Terms transfers ownership of the Service to you.

10Confidentiality

Each party will protect the other’s confidential information with the same degree of care it uses for its own confidential information, and at minimum a reasonable standard of care.

11Suspension and Termination

We may suspend or terminate the Service for material breach (including non-payment after notice, abuse, or security incidents). You may cancel at any time from the dashboard; cancellation takes effect at the end of the current billing period. Upon termination, you may export Customer Data within 30 days; afterwards data is deleted in line with our retention schedule.

12Disclaimers

The Service is provided “as is” to the maximum extent permitted by law. We disclaim all implied warranties of merchantability, fitness for a particular purpose, and non-infringement. AI outputs are probabilistic and may be incorrect.

13Limitation of Liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data. Each party’s aggregate liability arising out of or related to these Terms is capped at the fees paid by Customer to Orchexa in the 12 months preceding the event giving rise to the claim. The cap does not apply to either party’s indemnification obligations, breach of confidentiality, IP infringement, or fraud.

14Indemnification

You will indemnify and defend Orchexa against third-party claims arising from your Customer Data, your End Users, your violation of acceptable use, or your unauthorized use of the Service.

15Governing Law and Disputes

These Terms are governed by the laws of the Socialist Republic of Vietnam. Disputes will be resolved by the competent courts of Ho Chi Minh City, except where mandatory consumer protection law requires otherwise.

16Changes to These Terms

We may update these Terms from time to time. Material changes will be announced by email or in-product notice at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance.