Terms of Service

Effective date: September 9, 2026

These Terms of Service ("Terms") govern your access to and use of the Orfa AI website, smbOS platform, products, applications, and related services (collectively, the "Services") provided by Orfa AI ("Orfa AI," "Orfa," "we," "us," or "our").

By accessing or using the Services, you agree to these Terms.

If you access or use the Services on behalf of a business or other organization, you represent and warrant that you have authority to bind that organization to these Terms. In that case, "Customer," "you," and "your" refer to that organization.

1. The Services

Orfa AI provides smbOS, an AI-powered operating system for businesses, together with products and services spanning customer and sales growth, operations and service excellence, and data and financial intelligence.

The Services may include tools that extract, connect, organize, analyze, search, summarize, and generate insights from business information using artificial intelligence and other technologies.

We may add, modify, improve, suspend, or discontinue features of the Services from time to time.

2. Eligibility and Authority

The Services are intended for business use.

You must be legally capable of entering into a binding agreement under applicable law.

If you are using the Services on behalf of an organization, you must have authority to accept these Terms on its behalf.

3. Accounts

You must provide accurate and current information when creating and maintaining an account.

You are responsible for:

• Maintaining the confidentiality of your login credentials
• Restricting access to your account
• Maintaining the accuracy of account information
• Activities conducted through your account, except to the extent caused by Orfa AI's breach of its obligations

You must notify Orfa AI promptly if you become aware of unauthorized access to your account.

4. Customer Responsibilities

You are responsible for your use of the Services and for the Customer Data you submit, upload, connect, or otherwise make available to Orfa AI.

You represent and warrant that:

• You have the necessary rights and permissions to provide Customer Data to Orfa AI
• Your use of the Services complies with applicable laws and regulations
• You will obtain any required notices, consents, or authorizations from individuals whose information you provide
• Customer Data does not knowingly violate the rights of third parties
• You will use the Services in accordance with these Terms and applicable documentation

5. Acceptable Use

You may use the Services only for lawful business purposes and in accordance with these Terms.

You must not use the Services to:

• Violate applicable law or regulation
• Infringe or misappropriate another person's intellectual property, privacy, or other rights
• Upload or connect information that you do not have the right to provide
• Attempt to gain unauthorized access to the Services, other accounts, or Orfa AI systems
• Interfere with or disrupt the security, integrity, or performance of the Services
• Circumvent usage limits or security controls
• Transmit malicious code, malware, or other harmful material
• Use the Services for fraud, abuse, spam, or other unlawful activity
• Reverse engineer, decompile, disassemble, or attempt to discover the source code or underlying technology of the Services, except where such restriction is prohibited by applicable law
• Use the Services, Outputs, or access to the Services to develop a competing product or train a competing artificial intelligence model, except with Orfa AI's prior written authorization

6. Customer Data

"Customer Data" means information, data, documents, files, records, messages, and other materials submitted, uploaded, connected, or otherwise made available by or on behalf of Customer through the Services.

As between Customer and Orfa AI, Customer retains all rights, title, and interest in Customer Data.

You are responsible for ensuring that Orfa AI has the lawful right to process Customer Data as contemplated by these Terms.

7. License to Process Customer Data

You grant Orfa AI a limited, non-exclusive, worldwide, royalty-free license to access, host, copy, transmit, store, process, and otherwise use Customer Data solely as reasonably necessary to:

• Provide and operate the Services
• Maintain and secure the Services
• Provide customer support
• Prevent fraud and abuse
• Troubleshoot and resolve technical issues
• Perform other activities expressly authorized by you or contemplated by your agreement with Orfa AI

This license does not transfer ownership of Customer Data to Orfa AI.

Orfa AI may also process aggregated or de-identified information that does not reasonably identify a Customer or an individual for legitimate purposes such as analytics, security, research, and product improvement, subject to applicable law and contractual restrictions.

8. AI-Generated Output

Certain Services use artificial intelligence to generate summaries, extractions, classifications, answers, insights, recommendations, or other materials ("Output") based on information provided to the Services.

AI-generated Output can be inaccurate, incomplete, outdated, or inappropriate for a particular purpose.

You are responsible for reviewing and verifying Output before relying on it.

You should not treat Output as a substitute for professional judgment or advice, particularly in relation to legal, financial, accounting, medical, employment, regulatory, or other consequential matters.

To the extent permitted by applicable law and subject to third-party rights, you retain your rights in Customer Data and any Output generated specifically from your use of the Services. Orfa AI does not claim ownership of your Customer Data merely because it is processed through the Services.

9. Third-Party AI Services and Integrations

The Services may rely on third-party technologies, including AI/model providers, cloud infrastructure, payment providers, APIs, and customer-authorized integrations.

Third-party services may be subject to their own terms and privacy policies.

Orfa AI is not responsible for the independent acts, omissions, availability, security, or policies of third-party services that are outside Orfa AI's reasonable control.

Where a third-party service is an integral part of an Orfa AI feature, Orfa AI remains responsible for its own obligations under these Terms to the extent required by applicable law or contract.

10. Intellectual Property

Orfa AI and its licensors retain all right, title, and interest in and to:

• The Services
• Software and source code
• Platform architecture
• Interfaces and designs
• Proprietary technology and models
• Documentation
• Trademarks and branding
• Other intellectual property owned or licensed by Orfa AI

Except for the limited rights expressly granted under these Terms, nothing transfers any Orfa AI intellectual property rights to Customer.

11. Feedback

If you provide suggestions, ideas, recommendations, or other feedback regarding the Services, you grant Orfa AI the right to use that feedback without restriction or compensation, provided that Orfa AI does not disclose your Confidential Information in doing so.

12. Confidentiality

Each party may receive confidential information belonging to the other party in connection with the Services.

The receiving party will:

• Use Confidential Information only as reasonably necessary to perform or exercise rights under these Terms
• Protect it using reasonable care
• Disclose it only to personnel, contractors, or service providers who need to know it and are subject to appropriate confidentiality obligations, or where disclosure is required by law

Confidential Information does not include information that:

• Is or becomes publicly available through no breach of these Terms
• Was lawfully known to the receiving party before disclosure
• Is received lawfully from a third party without a confidentiality obligation
• Is independently developed without use of the disclosing party's Confidential Information

13. Fees and Payment

If you subscribe to a paid Service, you agree to pay the fees presented at signup, in an applicable order form, or otherwise agreed in writing.

Unless otherwise stated:

• Fees are non-cancelable and non-refundable except as required by law
• Fees are payable according to the applicable billing terms
• You must maintain accurate billing information
• Orfa AI may suspend access for overdue amounts after reasonable notice

14. Taxes

Unless otherwise stated, fees do not include applicable taxes, duties, levies, or similar governmental charges.

Customer is responsible for taxes applicable to its purchase or use of the Services, except taxes imposed on Orfa AI's net income.

15. Free Trials and Beta Services

Orfa AI may offer free trials, beta features, pilots, or other pre-release functionality.

Unless otherwise agreed in writing, beta and trial services are provided for evaluation purposes and may be modified, suspended, or discontinued at any time.

To the maximum extent permitted by law, beta and trial services are provided "AS IS" and without warranties.

16. Suspension

We may suspend or restrict access to the Services where reasonably necessary to:

• Prevent security threats or abuse
• Protect the Services, Orfa AI, customers, or other users
• Address a material violation of these Terms
• Comply with law or a lawful governmental request
• Address overdue payment following reasonable notice

Where reasonably practicable, we will provide notice before suspension and restore access once the relevant issue has been resolved.

17. Termination

You may stop using the Services at any time.

Unless a separate written agreement provides otherwise, either party may terminate an ongoing contractual relationship for a material breach if the breach is not cured within thirty (30) days after written notice.

Orfa AI may suspend or terminate access sooner where reasonably necessary to address serious security threats, unlawful activity, or other circumstances requiring immediate action.

18. Effect of Termination

Upon termination:

• Your right to access and use the Services will end
• You must cease using the Services
• Outstanding payment obligations will remain due
• Customer Data will be handled in accordance with the applicable agreement and our Privacy Policy

Where applicable, provisions that by their nature should survive termination will continue to apply, including provisions concerning intellectual property, confidentiality, limitations of liability, indemnification, and dispute resolution.

19. Data Export and Deletion

Where technically and contractually available, Customer may export Customer Data before termination.

Following termination, Orfa AI will delete or return Customer Data in accordance with the applicable customer agreement, DPA, or retention procedures, except where retention is required by law or reasonably necessary for legitimate purposes such as security, fraud prevention, accounting, or dispute resolution.

Backup copies may persist temporarily in accordance with Orfa AI's backup and disaster-recovery procedures.

20. Service Availability and Changes

We aim to provide reliable and continuously improving Services but do not guarantee that the Services will always be available, uninterrupted, or error-free.

We may modify, update, suspend, or discontinue features from time to time.

21. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE."

ORFA AI DISCLAIMS WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH WARRANTIES CANNOT LAWFULLY BE EXCLUDED.

ORFA AI DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR THAT ALL OUTPUT WILL BE ACCURATE OR RELIABLE.

22. AI-Specific Disclaimer

AI-generated Output is produced using automated systems and may contain inaccuracies, omissions, or errors.

Orfa AI does not represent that Output will be accurate, complete, current, or suitable for a particular purpose.

You remain responsible for reviewing Output and determining whether it is appropriate for your intended use.

The Services are not a substitute for legal, financial, accounting, medical, employment, compliance, or other professional advice.

23. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORFA AI WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, BUSINESS OPPORTUNITIES, GOODWILL, OR DATA, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORFA AI'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE TOTAL FEES PAID OR PAYABLE BY CUSTOMER TO ORFA AI FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms limits liability to the extent such limitation is prohibited by applicable law.

24. Indemnification

To the extent permitted by applicable law, Customer agrees to defend, indemnify, and hold harmless Orfa AI and its officers, directors, employees, and agents from third-party claims, damages, liabilities, costs, and reasonable expenses arising from:

• Customer's unlawful or unauthorized use of the Services
• Customer Data
• Customer's breach of these Terms
• Customer's violation of applicable law or third-party rights

25. Force Majeure

Neither party will be responsible for failure or delay in performing its obligations, except payment obligations, where the failure or delay results from circumstances beyond its reasonable control, including natural disasters, war, terrorism, civil unrest, governmental action, widespread internet or infrastructure failures, labor disputes, or similar events.

26. Dispute Resolution

Nothing in this section prevents either party from seeking urgent injunctive or equitable relief where permitted by applicable law.

27. Changes to These Terms

We may update these Terms from time to time.

We will update the "Effective date" when changes are made. Where appropriate or required by law, we will provide reasonable notice of material changes.

Your continued use of the Services after the updated Terms become effective constitutes acceptance of the revised Terms, except where applicable law requires another form of consent.

28. Notices

Where a written agreement or order form specifies another notice procedure, that procedure will control. Otherwise, notices to Orfa AI should be sent to [email protected].

29. Assignment

Customer may not assign or transfer these Terms without Orfa AI's prior written consent, except in connection with a merger, acquisition, corporate reorganization, or sale of substantially all of Customer's assets, provided the successor assumes the applicable obligations.

Orfa AI may assign these Terms in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets.

30. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be interpreted or modified to the minimum extent necessary to make it enforceable, where permitted by law.

The remaining provisions will remain in full force and effect.

31. No Waiver

A party's failure to enforce any provision of these Terms will not constitute a waiver of its right to enforce that provision later.

32. Entire Agreement and Order of Precedence

These Terms, together with any applicable order forms, DPAs, service-specific terms, and other written agreements between Orfa AI and Customer, constitute the agreement between the parties concerning the Services.

If there is a conflict between documents, the following order of precedence applies unless otherwise expressly agreed:

1. Applicable signed order form or written agreement
2. Applicable DPA
3. Service-specific terms
4. These Terms
5. Other referenced policies

33. Contact Us

Questions about these Terms can be sent to [email protected].