End User License Agreement
This End User License Agreement (EULA) governs your license to use the Orchamind software. Please read it carefully — it includes important disclaimers about AI-generated output, third-party integrations, and a limitation of liability. See also our Terms & Conditions and Privacy Policy.
1. Acceptance of This Agreement
This End User License Agreement (“Agreement”) is a binding legal agreement between you (“you,” “Licensee,” or “Customer”) and Siamak Kalhor, doing business as Orchamind (“Orchamind,” “we,” or “us”), governing your use of the Orchamind software application, website at orchamind.com, mobile and web interfaces, and related services (collectively, the “Software”). By creating an account, installing, accessing, or using the Software, you agree to be bound by this Agreement. If you do not agree, do not use the Software.
2. License Grant
Subject to your continued compliance with this Agreement and payment of all applicable fees, Orchamind grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Software for your internal business purposes as a contractor or field-service business. This is a license to use the Software as a hosted service; no copy of the Software is sold to you.
3. Restrictions
You shall not, and shall not permit any third party to: (a) copy, modify, translate, or create derivative works of the Software; (b) reverse engineer, decompile, or disassemble the Software, except to the extent such restriction is prohibited by applicable law; (c) rent, lease, lend, sell, sublicense, or otherwise transfer or make the Software available to any third party; (d) remove or obscure any proprietary notices; (e) use the Software to build a competing product or service; (f) use the Software in violation of any applicable law, or to store or transmit unlawful, infringing, or malicious material; or (g) attempt to gain unauthorized access to the Software or its related systems.
4. Your Account and Data
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You retain all rights to the business data you enter into the Software (“Your Data”). You grant Orchamind a limited license to host, process, transmit, and display Your Data solely to provide and improve the Software. You represent that you have all rights necessary to provide Your Data, including any customer information you enter.
5. Subscription, Fees, and Trial
The Software is offered on a subscription basis. Current pricing is $500 per month per company, with the first month provided as a free trial. Unless you cancel before the trial ends and add a payment method, your subscription will not automatically renew into a paid plan without a payment method on file. Fees are non-refundable except as required by law. We may change pricing on reasonable notice, effective at your next renewal.
6. Third-Party Services and Integrations
The Software may integrate with third-party services at your election, including but not limited to Intuit QuickBooks Online (for accounting synchronization), Stripe (for subscription billing and for processing payments from your customers), and AI model providers (for AI-generated content). Your use of any third-party service is governed by that provider’s own terms and privacy policy, and you are responsible for complying with them. Orchamind does not control, and is not responsible for, the availability, accuracy, security, or acts and omissions of any third-party service. When you connect an integration, you authorize Orchamind to access and exchange the data necessary to provide the integration on your behalf. You may disconnect an integration at any time.
7. Payments to You
Where the Software enables your customers to pay you by card, payments are processed by Stripe through a connected account established in your name. Orchamind is not a bank, money transmitter, or payment processor, does not take custody of those funds, and is not a party to the transaction between you and your customer. You are solely responsible for your own refunds, chargebacks, disputes, taxes, and compliance obligations arising from those transactions.
8. Intellectual Property
The Software, including all software, code, designs, text, graphics, trademarks, and the “Orchamind” name and logo, is owned by Orchamind and is protected by intellectual property laws. Except for the limited license granted in Section 2, no rights are granted to you. Any feedback or suggestions you provide may be used by Orchamind without obligation to you.
9. AI-Generated Output; No Professional Advice
The Software uses artificial intelligence to generate content such as estimates, proposals, safety talks, client messages, schedules, and summaries (“AI Output”). AI Output may be inaccurate, incomplete, or unsuitable for your specific circumstances. You are solely responsible for reviewing, verifying, and approving all AI Output before relying on it or providing it to any third party. AI Output does not constitute legal, financial, tax, accounting, engineering, architectural, safety, or other professional advice. Any drawings, plans, or diagrams generated are conceptual only, are not construction or permit documents, and must be reviewed and stamped by a licensed professional where required by law.
10. Disclaimer of Warranties
THE SOFTWARE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTY THAT THE SOFTWARE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DATA WILL BE ACCURATE OR PRESERVED.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORCHAMIND SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ORCHAMIND’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS YOU PAID TO ORCHAMIND IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. Nothing in this Agreement limits liability that cannot be limited under applicable law, including liability for fraud or intentional misconduct.
12. Indemnification
You agree to indemnify, defend, and hold harmless Orchamind and its owner from and against any claims, damages, liabilities, losses, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Your Data; (b) your use of the Software; (c) your violation of this Agreement or of any law; or (d) any dispute between you and your customers, crew, or any third party.
13. Term and Termination
This Agreement remains in effect while you use the Software. You may terminate at any time by cancelling your subscription and ceasing use. Orchamind may suspend or terminate your access immediately if you breach this Agreement, if required by law, or if your subscription is unpaid. Upon termination, your license ends immediately. Sections 3, 4, 8, 9, 10, 11, 12, and 14 survive termination. You may export or request a copy of Your Data before terminating.
14. Governing Law and Disputes
This Agreement is governed by the laws of the State of California, without regard to its conflict-of-law principles. The exclusive venue for any dispute shall be the state or federal courts located in Los Angeles County, California, and you consent to personal jurisdiction there.
15. Changes to This Agreement
We may update this Agreement from time to time. Material changes will be posted on this page with an updated date, and where appropriate we will notify you in the Software or by email. Your continued use after changes take effect constitutes acceptance.
16. Contact
Questions about this Agreement may be sent to info@siamakkalhor.com.
