Terms of Use

Last updated: 2025-10-09

1. Acceptance of Terms

By accessing and using ORCA (Order Ready Commerce Automation) 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 you 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 (Amazon SP-API & QuickBooks Online)

Certain features integrate with Amazon Selling Partner API (SP-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. We do not sell or use such data for advertising.

  • 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 SP‑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 & Ownership

As between you and ORCA, you retain all rights in your data, including data synchronized from third‑party services ("Customer Data"). 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: (a) probe, scan, or test the vulnerability of the Services or any system without authorization; (b) upload malware or disrupt the Services; (c) misuse API rate limits or attempt to bypass access controls; (d) access or use data you do not own or control; (e) use the Services to send unsolicited or unlawful communications; or (f) use the Services in violation of law or third‑party terms (including Amazon SP‑API and QuickBooks terms).

9. Availability & Support

We use commercially reasonable efforts to keep the Services available and to provide support via support@killerwarehouse.com. We may modify features, suspend access to address security risks, or discontinue components upon reasonable notice where practicable.

10. Security & 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 & Deletion

We retain data only as long as necessary to provide the Services or as required by law. For Amazon SP‑API data that contains customer PII (e.g., recipient name, shipping address, email, phone), 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 & 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 any questions about these Terms of Use, contact us:
Email: support@killerwarehouse.com
Phone: (435) 612-0363
Mailing Address: ATTN: ORCA - Killer Warehouse, 940 W 1400 N, Logan, UT 84321