Terms of Service

By creating an Orchard account, generating an API key, or using the Service in any other way, you agree to be bound by these Terms. If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" means both you personally and that entity.

If you do not agree to these Terms, do not use the Service. If you stop agreeing later, your remedy is to stop using the Service and close your account; Section 17 covers what happens to your data when you do.

Orchard provides an audio AI platform with three primary product surfaces: speech-to-text transcription, text-to-speech synthesis, and voice cloning. Each is exposed over an HTTP API that is compatible with the OpenAI SDK at the request and response level. We may add, change, or remove features over time, and we will use commercially reasonable efforts to give you notice if a removal affects functionality you actively depend on.

Orchard is sold as a service, not licensed as software. You do not receive any copy of our software, models, or weights as a result of using the Service.

To use most of the Service you need an Orchard account. You agree to provide accurate information when you sign up, keep it accurate, and keep your login credentials confidential. You are responsible for all activity that takes place under your account and API keys.

You must be at least 16 years old to create an account. If you are below the age of majority in your jurisdiction, you may use the Service only with the consent and supervision of a parent or guardian who has accepted these Terms on your behalf.

We may refuse to create or terminate any account at our reasonable discretion, including if we suspect the account is being used to evade a prior suspension or to violate the Acceptable Use Policy.

We grant you a limited, non-exclusive, non-transferable, revocable right to access the Service through the API and the dashboard, solely to build, operate, and use applications and services that integrate Orchard ("Customer Applications") in accordance with these Terms and the published documentation at orchardrun.com/docs.

4.1 Rate Limits and Quotas

We enforce per-plan rate limits and concurrency caps documented in your dashboard. Exceeding them returns HTTP 429 and does not consume balance. Sustained abuse — for example, retrying through a 429 in a tight loop or rotating API keys to evade caps — may result in suspension under Section 17.

4.2 Security of API Keys

Your API keys grant full access to your account and balance. Treat them as you would a password: never embed them in client-side code, never commit them to a public repository, and rotate them if you suspect they have leaked. Activity from a compromised key is your responsibility until you rotate it through the dashboard.

4.3 Reverse Engineering

You may not (and may not allow any third party to) reverse engineer, decompile, or attempt to derive the underlying model weights, training data, source code, or trade secrets of the Service, except to the extent applicable law expressly forbids such restriction. You also may not use the Service's output to train a competing speech or voice model.

Voice cloning is a powerful feature with a real potential for misuse. This Section applies in addition to the Acceptable Use Policy and overrides any conflicting interpretation in your favour: when in doubt, do not clone the voice.

5.1 Consent Requirement

You may upload a reference audio for cloning only if one of the following is true:

• The voice is your own.
• You hold an express, written, and revocable consent from the speaker to clone their voice for the use you intend.
• The voice is unambiguously in the public domain (e.g., a recording of a long-deceased historical figure with no living rights-holder) AND your use does not violate any other law, including rights of publicity in jurisdictions where they survive death.

You are solely responsible for verifying consent. We do not police uploads in advance, but we will honour takedown requests from speakers and from anyone who provides reasonable evidence of unauthorized cloning of their voice.

5.2 Prohibited Cloning Uses

You may not use a cloned voice to:

• Impersonate a real person in a way that would deceive a reasonable listener (deepfakes), including for political content, fraud, or harassment.
• Generate content depicting a real, identifiable individual making statements they did not make and would not endorse.
• Bypass authentication on any system that uses voice as a credential.
• Create non-consensual sexual content of any kind.
• Manipulate financial markets, electoral processes, or judicial proceedings.

5.3 Removal of Cloned Voices

You may delete any cloned voice from your account at any time via the dashboard or API. We honour third-party removal requests under our Acceptable Use Policy. Removal stops new generations but does not retroactively recall audio you have already downloaded or distributed.

5.4 Watermarking

We may include an inaudible watermark in voice-cloned output to identify Orchard as the source for provenance and abuse investigations. You agree not to attempt to remove or obscure this watermark.

Paid plans are billed in advance on a recurring basis (monthly or annual, depending on the plan you choose). Pay-as-you-go usage that exceeds your plan's included balance is billed in arrears at the rate published in the dashboard at the time of consumption.

All payments are processed by our merchant-of-record partner, who is the seller of record for tax and chargeback purposes. By providing payment information you authorize Orchard and our merchant of record to charge you for the fees you incur, including applicable taxes.

Fees do not include any taxes, levies, or duties imposed by taxing authorities other than the standard sales/value-added tax that our merchant of record collects on Orchard's behalf. Where required, we will collect VAT, GST, or similar consumption taxes at the rate in force in your billing jurisdiction.

If we cannot collect a payment from you when due, we may suspend the Service until the outstanding balance is paid. Continued non-payment may result in account termination.

The Free tier provides a fixed monthly allowance of usage at no charge. We may change the size of the Free tier or end it entirely with reasonable notice. Free-tier accounts are intended for evaluation and personal use; we may rate-limit, throttle, or suspend Free accounts that we reasonably believe are operated in production, used to evade paid usage, or used in ways that materially degrade the Service for other users.

Within 30 days of your first paid charge, if you are not satisfied with the Service you may request a full refund of that charge by emailing support@orchardrun.com from the email address associated with your account. We honour this on a no-questions-asked basis up to the amount of the first charge. After the 30-day window, payments are non-refundable except where required by applicable law.

Pay-as-you-go usage that has been consumed is non-refundable, but if our Service materially failed (e.g., persistent 5xx errors during a confirmed outage) we may credit affected usage back to your balance at our discretion.

We own the Service, the underlying models, the documentation, and all related intellectual property. You own your account credentials, your Customer Applications, and the Customer Content you submit (defined in Section 10).

Output generated by the Service in response to your inputs is assigned to you upon generation, subject to: (a) compliance with these Terms and the Acceptable Use Policy, (b) the rights of third parties whose voices, names, likenesses, or copyrights may appear in the output, and (c) any restrictions imposed by law on the type of content generated. Orchard does not warrant that output is original, accurate, or non-infringing, and you remain responsible for verifying the output before use.

"Customer Content" means any audio, text, reference recordings, API requests, or other data you submit to the Service or that we generate on your behalf in response. You retain all rights to your Customer Content.

You grant Orchard a worldwide, non-exclusive, royalty-free license to process Customer Content solely to provide the Service, secure it against abuse, and improve its reliability. We do not train our models on your Customer Content by default. If we ever offer an opt-in program for model improvement, your participation will be explicit and revocable.

You represent and warrant that you have all rights necessary to submit Customer Content to the Service and to grant Orchard the license above, and that the Customer Content does not infringe any third-party right.

Your use of the Service is governed by the Acceptable Use Policy, which is incorporated into these Terms by reference. Violating the AUP is a material breach and may result in immediate suspension or termination.

Our Privacy Policy explains how we collect and process personal data. If you process personal data of others through the Service, our Data Processing Agreement governs that processing.

Each party may disclose confidential information to the other in connection with the Service. The receiving party will protect the disclosing party's confidential information with at least the same degree of care it uses to protect its own confidential information of similar sensitivity, and not less than reasonable care. Customer Content is your confidential information; aggregate or de-identified usage metrics are ours.

You agree to defend, indemnify, and hold harmless Orchard, its officers, directors, employees, and affiliates from any claim, demand, loss, liability, damage, cost, or expense (including reasonable attorneys' fees) arising out of or related to:

• Your Customer Content or the output you generate using the Service.
• Your violation of these Terms or the Acceptable Use Policy.
• Your violation of any third-party right, including intellectual property, publicity, or privacy rights.
• Voice cloning you performed or caused to be performed without proper consent under Section 5.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

To the maximum extent permitted by law, Orchard disclaims all warranties, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure; that defects will be corrected; that the output will be accurate, complete, or fit for any particular use; or that the Service will be free from loss, corruption, or unauthorized access.

Some jurisdictions do not allow exclusion of implied warranties, so this exclusion may not apply to you in full.

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• Neither party will be liable for any indirect, incidental, special, consequential, or exemplary damages, including loss of profits, revenue, data, goodwill, or business opportunity, even if advised of the possibility.
• Orchard's aggregate liability arising out of or related to these Terms or the Service will not exceed the greater of (a) the total fees you paid to us in the twelve months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).

The limitations in this Section apply to all claims, regardless of legal theory, whether in contract, tort, or otherwise. Some jurisdictions do not allow such limitations, so they may not apply to you in full. Nothing in these Terms limits liability that cannot be limited under applicable law.

These Terms apply from the moment you first use the Service until terminated by either party.

17.1 By You

You may stop using the Service and close your account at any time via the dashboard. Closure cancels any active subscription at the end of the current paid period; you remain responsible for fees already incurred.

17.2 By Us

We may suspend or terminate your access immediately if you materially breach these Terms (including the AUP), fail to pay when due, or use the Service in a way that creates a security or legal risk to Orchard, our users, or third parties. Where practical, we will give notice and an opportunity to cure before terminating.

17.3 Effect of Termination

On termination, your right to access the Service ends. Within thirty days of termination, we will delete your Customer Content and account data from active systems, subject to backup retention and legal hold requirements described in the Privacy Policy. Sections 9, 10, 13, 14, 15, 16, 19, 20, and 21 survive termination.

We may update these Terms occasionally. Material changes will be announced by email to the address on file or by a notice in the dashboard at least thirty days before they take effect, unless a faster change is required by law or to address a security or legal issue. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

We may also modify or discontinue features of the Service. We will give reasonable notice before removing or materially degrading a feature you actively depend on.

These Terms are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Any dispute, controversy, or claim arising out of or related to these Terms or the Service will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with seat in Sheridan, Wyoming or, by mutual agreement, conducted by video conference. Judgment on the award may be entered in any court of competent jurisdiction.

You and Orchard waive any right to participate in a class action, collective action, or representative proceeding. If this class-action waiver is held unenforceable, the entire arbitration agreement in this Section is also unenforceable for the dispute in question.

Notwithstanding the above, either party may bring a claim for injunctive relief in a court of competent jurisdiction to protect intellectual property rights.

21.1 Entire Agreement

These Terms, together with the AUP, Privacy Policy, and DPA (where applicable), are the entire agreement between you and Orchard with respect to the Service and supersede all prior agreements on the same subject.

21.2 Severability

If any provision of these Terms is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

21.3 Assignment

You may not assign these Terms without our prior written consent. We may assign to an affiliate or in connection with a merger, acquisition, or sale of substantially all of our assets, on notice to you.

21.4 No Waiver

Our failure to enforce any provision of these Terms is not a waiver of our right to do so later.

21.5 Notices

Notices to you may be sent to the email address on your account. Notices to Orchard must be sent to legal@orchardrun.com with a hard copy to Orchard AI LLC, 30 N Gould St, Ste R, Sheridan, WY 82801, United States.

21.6 Force Majeure

Neither party is liable for delays or failures in performance caused by events beyond its reasonable control, including acts of God, war, terrorism, riots, embargoes, strikes, network outages outside our control, or governmental action.