Terms of Service

Version 1.3, effective 2026-10-05.

Plain-English first, legalese second. These terms are written for builders. They will evolve as the product matures; significant changes will be announced by email and at the top of this page. Consult your own counsel before relying on them at enterprise scale.

1. Who this agreement is between

"Orkidata" ("we", "us") is the service operated at orkidata.com. "You" is the person or organization that registers an account or uses the service. By creating an account or using any part of the service you agree to these Terms and the linked Privacy Policy. If you use Orkidata for an organization, you confirm that you are authorized to accept these Terms on its behalf.

2. Accounts and eligibility

You must be at least 18 years old (or the age of majority in your jurisdiction) to register.
The information you give us must be accurate. New accounts verify a WhatsApp phone number with a one-time code; it must be a number you control.
You are responsible for keeping your password confidential and for everything that happens under your account, including everything done with your API keys and by AI assistants you connect.
API keys. Keep them secret, give each tool its own key with the narrowest access it needs (for example execute-only, limited to the workflows it runs), and revoke a key at once if it may have been exposed. A key can't create or revoke keys, change passwords or sign-in methods, send team invitations, share items or change share permissions, or disconnect connected accounts; those require signing in to the web app. A full-access key can do everything else your account can, including deleting data.
AI assistants. An assistant you connect to Orkidata (for example through the MCP connector) acts with your permissions. You are responsible for what it does in your account, including runs that send email or WhatsApp messages or write data.
One account per person unless we agree otherwise in writing. Don't share accounts or keys to get around your plan's limits.

3. Acceptable use

You agree not to use the service to:

Upload or process data you do not have the right to use, including personal data you have not obtained lawful consent to process.
Send unsolicited bulk messages, spam, phishing, or malware through any Orkidata feature, whether by email, WhatsApp, or webhook destinations.
Send or store content that is harassing, threatening, abusive, hateful, defamatory, or obscene; that sexually exploits minors; or that infringes anyone's intellectual property or privacy rights.
Impersonate any person or organization, or misrepresent who a message comes from.
Get around rate limits, quotas, plan restrictions, or security controls, including by opening extra accounts or sharing API keys.
Attempt to probe, scan, penetrate, or disrupt the service, or any third-party system, using Orkidata.
Reverse-engineer, resell, or sublicense the service except as permitted by applicable law.
Use the service to build a competing product that replicates its user interface or APIs.
Violate any applicable law (including anti-spam, telemarketing, consumer-protection, export-control, sanctions, and data-protection law) in the country where you operate.

Sending email as you (Gmail-connected features). Some features (the Send Email step's "via Gmail" mode and the Reminders step) send email from your own connected Gmail account to recipients you choose. For these features:

You may only send to recipients who have consented to receive email from you. The consent attestation you confirm when configuring these steps constitutes a binding declaration of veracity and a formal representation of authorization under applicable law. We record and maintain an audit log of who attested and when with every workflow run.
Cold or unsolicited outreach is prohibited. So are purchased, rented, scraped, or otherwise harvested recipient lists, regardless of their origin or any prior third-party compliance claims.
Every email these features send carries an unsubscribe link. Opt-outs are automatically enforced by the platform and are non-negotiable; any attempt to circumvent a recipient's opt-out (including by re-adding blocked addresses or recreating workflows to bypass restrictions) constitutes a material, non-curable breach of these Terms, clearing the ground for immediate account suspension under Section 8.
These features operate through Google's Gmail API and are strictly subject to Google's own Acceptable Use Policies. Violating these rules may cause Google to independently suspend your Gmail account. You acknowledge and agree that Orkidata holds zero liability for any actions taken by Google, and you agree to indemnify and hold Orkidata harmless against any third-party claims, service revocations, or account terminations triggered by your mailings under Section 10.

Sending WhatsApp messages. The Send WhatsApp step and the Reminders step's WhatsApp channel (Enterprise plan) send messages from Orkidata's shared WhatsApp Business number, on your behalf, using message templates approved by Meta. For these features:

You may only message people who have agreed to receive WhatsApp messages from you about the subject of the message. The consent attestation you confirm when configuring these steps has the same binding effect as the email attestation above, and we keep the same audit record.
No cold or unsolicited messages. No purchased, rented, scraped, or otherwise harvested phone-number lists, and no messages unrelated to what the recipient agreed to receive.
Recipients can stop messages at any time by replying STOP (or BAJA, CANCELAR, ALTO, UNSUBSCRIBE). Because the number is shared, an opt-out stops messages to that number from every Orkidata customer. Opt-outs are enforced automatically, and circumventing one is a material, non-curable breach of these Terms under Section 8.
Meta's WhatsApp Business Messaging Policy, Commerce Policy, and business terms also apply. Meta can restrict or block the shared number based on recipients' blocks and reports. Because one customer's messages affect every customer on the number, we may pause your WhatsApp sending or suspend your account immediately, without prior notice, to protect it. Your plan's sending limits apply.
You agree to indemnify and hold Orkidata harmless against claims, enforcement actions, and losses, including actions taken by Meta against the shared number, caused by messages your workflows sent (Section 10).

4. Your data

You own the data you upload, generate, or route through the service. We do not sell your data and do not train machine-learning models on it.
You grant us a limited license to host, process, and transmit your data solely to operate the service for you.
We access your data only to operate, secure, and support the service (for example, to investigate an issue you report or suspected abuse), or when the law requires it.
You are responsible for the lawfulness of the data you process and for obtaining any consents your jurisdiction requires from the individuals it concerns, including the people your workflows message. For their data you are the controller and we act on your instructions; see the Privacy Policy.
On request, we delete your account: access ends immediately and your content is erased within 30 days, except the records described in the Privacy Policy that we must or have committed to keep (such as billing records and opt-out records).

5. Billing and subscriptions

Paid plans (Entry, Pro) are billed through Stripe on a monthly recurring basis and renew automatically until cancelled. An Enterprise tier is also available: it is assigned through our sales process, may be billed by invoice or through a sales-enabled Stripe checkout, and may be subject to custom terms agreed in writing (which prevail over these Terms where they conflict).
Prices are in Mexican pesos and include VAT (IVA) where it applies.
Mexican tax invoices (CFDI). To receive a CFDI in your name, provide your tax data (RFC, legal name, tax regime, and postal code) through the invoicing form our invoicing provider sends you. Payments without tax data are included in our monthly invoice to the general public (factura global).
You can cancel at any time from your profile. Cancellation takes effect at the end of the current billing period; we do not refund unused time.
If a payment fails, we will retry per Stripe's standard dunning flow. If the subscription lapses we downgrade your account to the free tier; your data is retained.
We may change prices or plan contents with 30 days' notice to the email on file.

6. Service availability

The service is provided as-is. We target best-effort availability but do not offer a contractual uptime SLA at this stage. Maintenance windows may be scheduled with minimal notice. Orkidata is in active development; features, limits, and APIs can change. Where changes would break your existing workflows we will give reasonable advance notice.

7. Third-party services

Orkidata relies on third-party sub-processors; the current named list, with each provider's purpose and data residency, is maintained in the Privacy Policy. When you connect your own third-party services through Orkidata (databases, webhooks, Google Drive, Gmail, Microsoft OneDrive, or an AI assistant such as Claude or ChatGPT), you remain bound by those services' own terms, and we are not liable for their behavior, cost, or availability. Data an AI assistant reads through the Orkidata connector is processed by that assistant's provider under your agreement with them.

8. Suspension and termination

We may suspend or terminate your account for violation of these Terms, abuse of the service, non-payment, or as required by law.
We may suspend immediately, without prior notice, when that is needed to stop abuse; to protect the service, other customers, or the shared WhatsApp number; or to comply with the law. In other cases we will tell you why and, where reasonable, give you a chance to fix the problem first.
You may terminate at any time by cancelling your subscription and requesting account deletion.
After termination, your data is handled as described in Section 4 and the Privacy Policy.
Sections that by their nature should survive termination (ownership, limitation of liability, indemnity, governing law) will survive.

9. Limitation of liability

To the extent permitted by law, Orkidata's total liability for any claim arising from or related to the service is capped at the amount you paid us in the twelve (12) months immediately preceding the event giving rise to the claim. We are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data.

10. Indemnity

You agree to defend and indemnify Orkidata from claims arising out of (a) your breach of these Terms, (b) your data or use of the service in violation of applicable law, (c) your use of a third-party service connected through Orkidata in breach of that third party's terms, or (d) the email and WhatsApp messages your workflows send, including actions that Google, Meta, or a regulator takes because of them.

11. Changes to these Terms

We may update these Terms from time to time. Material changes will be announced by email to the address on file and reflected here with an updated version number. Continued use of the service after the effective date of an update constitutes acceptance of the updated Terms.

12. Governing law

These Terms and any dispute arising from them are governed by the laws of the jurisdiction in which Orkidata is registered, without regard to conflict-of-laws principles. A governing-law clause reviewed by counsel will replace this placeholder before general availability.

13. Contact

Questions about these Terms: hello@orkidata.com.