1. Acceptance of Terms
By accessing and using ORCA and its related services, you agree to these Terms of Use. If you do not agree with these terms, you must not use our services.
By using the Services, you also agree to our Privacy Policy and Security page, which are incorporated by reference into these Terms.
2. License Grant
ORCA grants you a limited, non-exclusive, non-transferable, revocable license to access and use our services in accordance with these Terms. This license does not grant ownership rights to ORCA software, databases, or content.
3. Eligibility
You must be at least 18 years old or have legal authority to use ORCA. By using our website, you confirm that you meet these requirements.
4. User Responsibilities
When using ORCA, you agree:
- To provide accurate and up-to-date information when required.
- Not to use the service for fraudulent, illegal, or abusive activities.
- Not to attempt to gain unauthorized access to ORCA systems.
- Not to interfere with the proper operation of the website or connected services.
5. Intellectual Property
All content, software, and trademarks provided by ORCA are the property of Obray Business Ventures, LLC. You may not reproduce, distribute, or modify any part of our website or software without prior written permission.
6. Third-Party Services
Certain features integrate with Amazon Selling Partner API and QuickBooks Online. Your use of those features is subject to those providers' terms and policies. We request only the minimum permissions needed and use data solely to provide enabled features.
- Data may be transmitted to Amazon and QuickBooks as necessary to sync orders, inventory, fulfillment, accounting, and related features.
- You are responsible for complying with third-party terms, including Amazon Selling Partner API terms and QuickBooks Online terms.
- Processing of personal information is further described in our Privacy Policy and aligned with our Security program.
7. Customer Data and Ownership
As between you and ORCA, you retain all rights in your data, including data synchronized from third-party services. You grant ORCA a non-exclusive, worldwide, royalty-free license to host, process, transmit, and display Customer Data solely to provide the Services. ORCA does not sell or share personal information.
8. Acceptable Use
You will not probe, scan, or test the vulnerability of the Services without authorization, upload malware, disrupt the Services, misuse API rate limits, bypass access controls, access data you do not own or control, send unsolicited or unlawful communications, or use the Services in violation of law or third-party terms.
Users may not use ORCA to facilitate brushing, fake or manipulated reviews, product infringement, unauthorized use of intellectual property, deceptive marketplace activity, or any violation of Amazon Selling Partner or Vendor agreements, including the Amazon Services Business Solutions Agreement. ORCA may suspend or terminate access where use of the Services appears intended to support these activities.
9. Availability and Support
We use commercially reasonable efforts to keep the Services available and to provide support through the support portal and via support@killerwarehouse.com. We may modify features, suspend access to address security risks, or discontinue components upon reasonable notice where practicable.
10. Security and Privacy
We implement the controls described on our Security page and process personal information as described in our Privacy Policy, each incorporated by reference.
11. Data Retention and Deletion
We retain data only as long as necessary to provide the Services or as required by law. For Amazon data that contains customer PII, we retain such data only as needed to perform enabled features and delete it no later than 30 days after order delivery unless a longer period is required by law.
Upon disconnection or revocation of authorization for any third-party integration, we cease further collection from that service and delete or anonymize retained data consistent with our Privacy Policy and backup cycles.
12. Disclaimer of Warranties
ORCA provides its services "as is" and "as available," without warranties of any kind. We do not guarantee uninterrupted access or error-free performance.
13. Limitation of Liability
To the fullest extent permitted by law, ORCA is not responsible for any direct, indirect, incidental, or consequential damages resulting from the use of our services.
14. Indemnification
You agree to indemnify and hold harmless ORCA, its affiliates, officers, and employees from any claims, damages, or expenses arising from your use of the service, violation of these Terms, or infringement of any third-party rights.
15. Termination
We reserve the right to terminate your access to ORCA at any time if we determine that you have violated these Terms of Use.
16. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Utah, USA, without regard to conflict-of-laws rules. Any dispute arising from these Terms or the Services will be resolved by binding arbitration in Logan, Utah. Proceedings will be conducted on an individual basis only; class actions and class arbitration are not permitted. Either party may bring an individual claim in small-claims court with appropriate jurisdiction.
17. Changes to These Terms
We may update these Terms from time to time. Your continued use of ORCA constitutes acceptance of the revised Terms.
18. Contact Us
If you have questions about these Terms of Use, contact us through the support portal, at support@killerwarehouse.com, or at (435) 612-0363.
Mailing Address: ATTN: ORCA - Killer Warehouse, 940 W 1400 N, Logan, UT 84321