TERMS AND CONDITIONS

Last Updated: 25 May 2025

Welcome to ServiceOrca ("we," "our," "us"), a platform that connects service providers with users seeking various services. These Terms and Conditions ("Terms") govern your access to and use of the ServiceOrca website and platform (the "Service"). By accessing or using our Service, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Service.

1. DEFINITIONS

• "Platform" refers to the ServiceOrca website and related services
• "Service Provider" refers to vendors and professionals who list their services on the Platform
• "User" refers to individuals who search for and book services through the Platform
• "Content" refers to all information, data, text, software, music, sound, photographs, graphics, video, messages, or other materials

2. ACCEPTANCE AND MODIFICATIONS

By creating an account or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our Platform with a new "Last Updated" date. Your continued use of the Service after such modifications constitutes acceptance of the updated Terms.

3. ELIGIBILITY

You must be at least 18 years old to use our Service. By using the Service, you represent and warrant that you meet this age requirement and have the legal capacity to enter into these Terms.

4. ACCOUNT REGISTRATION

4.1 Account Types

ServiceOrca offers two types of accounts:

Service Provider Accounts: For vendors and professionals who wish to list their services on the Platform

User Accounts: For individuals who wish to search for services, write reviews, and maintain watchlists

4.2 Account Creation Requirements

Service Provider Accounts: Service Providers must create accounts to list services and must provide accurate, complete, and current information during registration, including:

• Business or professional information
• Service descriptions and pricing
• Contact information and business hours
• Professional licenses and certifications (where applicable)
• Any other information required for service listings

User Accounts: Users can browse Service Provider information without registration. User registration is required only to:

• Write and submit reviews for Service Providers
• Add services to personal watchlists
• Access other premium User features

4.3 Information Accuracy

You agree to provide accurate, complete, and current information during registration and to update such information as necessary to maintain its accuracy.

4.4 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

5. SERVICE PROVIDER OBLIGATIONS

5.1 Accurate Information

Service Providers must provide and maintain accurate, complete, and up-to-date information about their services, including:

• Service descriptions and pricing
• Business hours and availability
• Contact information and staff details
• Professional licenses and certifications (where applicable)
• Current photographs of facilities or work examples

5.2 Service Delivery

Service Providers agree to:

• Honor all confirmed appointments
• Provide services as described in their listings
• Maintain professional standards in all interactions
• Comply with all applicable laws, regulations, and licensing requirements
• Maintain appropriate insurance coverage for their services

5.3 Prohibited Activities

Service Providers may not:

• Provide false or misleading information
• Manipulate reviews or ratings
• Offer incentives for positive reviews
• Engage in discriminatory practices
• Violate any applicable professional standards or regulations

6. USER OBLIGATIONS

6.1 Booking and Payment

Users agree to:

• Provide accurate information when booking services
• Honor confirmed appointments or provide reasonable notice of cancellation
• Pay applicable fees as agreed with Service Providers
• Treat Service Providers with respect and professionalism

6.2 Reviews and Ratings

Users may post reviews and provide ratings for Service Providers. Reviews must be:

• Based on actual experiences with the Service Provider
• Honest and factual
• Free from offensive, defamatory, or inappropriate content
• Not influenced by personal relationships or conflicts of interest

7. PLATFORM SERVICES AND LIMITATIONS

7.1 Platform Role

ServiceOrca acts as an intermediary platform connecting Service Providers and Users. We do not:

• Provide the underlying services listed on our Platform
• Guarantee the quality, safety, or legality of services offered
• Verify the credentials or qualifications of Service Providers
• Control the actions of Service Providers or Users

7.2 Booking and Payments

While we facilitate appointment booking, the contractual relationship for services is directly between Users and Service Providers. Payment processing may be handled through third-party payment processors subject to their terms and conditions.

8. CONTENT AND INTELLECTUAL PROPERTY

8.1 Platform Content

All content on the ServiceOrca Platform, including text, graphics, logos, images, software, and design elements, is owned by ServiceOrca or our licensors and protected by intellectual property laws. You may not reproduce, distribute, modify, or create derivative works without express written permission.

8.2 User-Generated Content

By posting content on our Platform, you grant ServiceOrca a non-exclusive, worldwide, royalty-free license to use, display, and distribute such content in connection with our Service. You represent that you own or have the necessary rights to grant this license.

8.3 Copyright Infringement

We respect intellectual property rights and will respond to valid copyright infringement notices in accordance with the Digital Millennium Copyright Act (DMCA).

9. PRIVACY AND DATA PROTECTION

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.

10. FEES AND PAYMENTS

10.1 Platform Fees

ServiceOrca may charge fees for certain services or features. All fees are non-refundable unless otherwise specified. We reserve the right to change our fee structure with reasonable notice.

10.2 Third-Party Fees

You are responsible for any fees charged by third parties in connection with your use of the Service, including payment processing fees, data charges, and other applicable fees.

11. TERMINATION

11.1 Termination by You

You may terminate your account at any time by following the account closure process outlined on our Platform.

11.2 Termination by Us

We may suspend or terminate your account immediately, with or without notice, for any reason, including:

• Violation of these Terms
• Fraudulent or illegal activity
• Harm to other users or the Platform
• Extended periods of inactivity

11.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We may delete your account and associated data, though we may retain certain information as required by law or for legitimate business purposes.

12. DISCLAIMERS

12.1 Service Availability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS.

12.2 Third-Party Services

WE DISCLAIM ALL WARRANTIES REGARDING SERVICES PROVIDED BY SERVICE PROVIDERS. ANY INTERACTIONS BETWEEN USERS AND SERVICE PROVIDERS ARE SOLELY BETWEEN THOSE PARTIES.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVICEORCA AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING FROM OR RELATING TO THESE TERMS OR THE SERVICE, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID TO US FOR PROMOTIONAL OR UPGRADE SERVICES IN THE TWELVE MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

14. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless ServiceOrca and its affiliates, officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you post or transmit through the Service

15. DISPUTE RESOLUTION

15.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the United States and the state in which ServiceOrca is incorporated, without regard to conflict of law principles.

15.2 Jurisdiction

Any legal action or proceeding arising under these Terms will be brought exclusively in the federal or state courts located in [Delaware/Wilmington where ServiceOrca is incorporated], and you consent to personal jurisdiction in such courts.

15.3 Arbitration

For disputes involving claims under $10,000, either party may elect to resolve the dispute through binding arbitration in accordance with the rules of the American Arbitration Association.

16. GENERAL PROVISIONS

16.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and ServiceOrca regarding the Service.

16.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

16.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

16.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

16.5 Force Majeure

We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control.

17. CONTACT INFORMATION

If you have questions about these Terms, please contact us at:

Email: [email protected]

By using ServiceOrca, you acknowledge that you have read and understood these Terms and agree to be bound by them.