Terms of Service

1. Who we are and how to contact us

OrcaLumi ("OrcaLumi", "we", "us", "our") operates the Services.

Contact: hello@orcalumi.ai

2. Eligibility and accounts

2.1 Eligibility

You must be at least 18 years old and able to enter into a binding contract to use the Services. If you use the Services on behalf of an organisation, you confirm you have authority to bind that organisation.

2.2 Account registration and security

To use certain features, you must create an account. You agree to:

• provide accurate information and keep it updated,
• keep your login credentials secure and confidential, and
• promptly notify us at hello@orcalumi.ai of any unauthorised access.

You must not:

• create accounts using false information,
• create multiple accounts to evade limits or restrictions,
• share, sell, transfer, or sublicense your account.

We may suspend or terminate accounts that breach these Terms.

3. The Services

OrcaLumi provides AI-powered presentation generation, including the ability to:

• generate decks from text and uploaded materials,
• refine/edit using natural language instructions,
• apply brand assets (e.g., logos, colours), and
• export files (e.g., PPTX (images), PDF).

The Services rely on third-party providers (for example: Clerk, Stripe, Google Cloud/Gemini, Supabase, Vercel) and may change over time.

4. Credits, purchases, and billing

4.1 Credit model

• Credits are purchased in advance and used to access Service features.
• Credits do not expire unless stated otherwise for promotional/free credits.
• Credits are non-transferable and non-redeemable for cash.

4.2 Payments

• Payments are processed via Stripe.
• Prices are displayed in USD unless stated otherwise.
• You authorise us to charge your payment method for credit purchases.

4.3 Taxes

Prices exclude applicable taxes (including GST/VAT/sales taxes) unless stated otherwise. You are responsible for applicable taxes, except taxes on our net income.

4.4 Disputes and chargebacks

If you believe a charge is incorrect, contact hello@orcalumi.ai within 30 days of the charge date. Unjustified chargebacks may result in suspension/termination of your account.

4.5 Refunds

Credits are non-refundable except where required by applicable law (including non-excludable consumer rights).

4.6 Promotions

Promotional credits may:

• expire as stated in the promotion,
• be revoked if obtained fraudulently, and
• have no cash value.

5. Acceptable use

You may use the Services only for lawful purposes. You must not (and must not enable others to):

• upload or generate unlawful, harmful, abusive, harassing, hateful, or violent content,
• infringe intellectual property or privacy rights (including uploading content you do not have rights to use),
• upload malware or attempt to disrupt or probe our systems,
• reverse engineer or attempt to extract source code, models, or underlying prompts/logic (except as permitted by law),
• use bots/scrapers to access the Services without our written permission,
• resell, sublicense, or provide the Services as a competing product, or
• use outputs to train or improve competing AI models.

We may investigate suspected misuse and take action (including suspension or termination).

6. Your content, outputs, and intellectual property

6.1 Your Content

"Your Content" means anything you upload or input (text, documents, images, brand assets, instructions, etc.). You retain ownership of Your Content.

You grant OrcaLumi a limited, worldwide, non-exclusive, royalty-free licence to host, store, process, transmit, and display Your Content only as necessary to provide, maintain, secure, and support the Services (including sending Your Content to our subprocessors to perform AI processing), consistent with our Privacy Policy.

6.2 Generated Presentations

"Generated Presentations" are slides/decks generated by the Services based on Your Content.

Ownership: As between you and OrcaLumi, you own your Generated Presentations, to the extent permitted by law. OrcaLumi does not claim ownership.

Important notes:

• outputs may be similar for different users (e.g., common structures),
• you are responsible for reviewing outputs for accuracy and compliance,
• outputs may unintentionally resemble third-party works; you are responsible for ensuring your use does not infringe third-party rights.

No training on your content: We do not use Your Content or Generated Presentations to train or improve AI models, consistent with our Privacy Policy.

6.3 OrcaLumi IP

We (and our licensors) own all rights in the Services, excluding Your Content and Generated Presentations. We grant you a limited, non-exclusive, non-transferable, revocable licence to use the Services for your internal business or personal purposes, subject to these Terms.

6.4 Feedback

If you provide feedback, you grant us a perpetual, irrevocable, royalty-free licence to use it without compensation.

7. AI-specific disclaimers (important)

AI-generated content can be inaccurate, incomplete, biased, outdated, or inappropriate. You agree that:

• you will verify outputs before relying on them, and
• outputs are not professional advice (legal, financial, medical, etc.).

We do not guarantee outputs will be accurate, original, compliant, or fit for a particular purpose.

8. Availability, changes, and third-party dependencies

We aim to keep the Services available but do not guarantee uninterrupted operation. We may modify or discontinue features, and may change credit consumption rates with reasonable notice where practicable.

Third-party providers may experience outages or change their services; we are not responsible for third-party failures beyond our control.

9. Confidentiality and support access

We treat Your Content as confidential and do not access it except:

• to provide the Services,
• to maintain security, troubleshoot, or provide support,
• to comply with law, or
• as otherwise described in the Privacy Policy.

10. Termination

You may request account deletion by emailing hello@orcalumi.ai. You should export anything you wish to keep before deleting your account.

We may suspend or terminate access if you breach these Terms, create legal/security risk, or engage in fraud/abuse.

On termination, access may end immediately and we may delete or de-identify data consistent with the Privacy Policy (including backup retention).

11. Warranties and consumer rights

To the maximum extent permitted by law, the Services are provided "as is" and "as available".

Australian Consumer Law: Our goods and services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts, or modifies any non-excludable rights or remedies you may have under the Australian Consumer Law.

International users: We are based in Australia and make the Services available globally. Nothing in these Terms is intended to exclude or limit any rights you may have under mandatory laws in your country of residence that cannot be excluded by contract.

12. Limitation of liability

To the maximum extent permitted by law:

• we are not liable for indirect, incidental, consequential, special, or punitive losses (including loss of profits, data, goodwill), and
• our total liability for any claim relating to the Services is capped at the greater of:
  • the value of unused credits in your account at the time of the event giving rise to the claim, or
  • USD $500.

This section does not apply to the extent liability cannot be limited by law (including under the ACL).

13. Indemnity

You agree to indemnify OrcaLumi against claims arising from:

• your use/misuse of the Services,
• your breach of these Terms,
• Your Content, or
• your use of Generated Presentations (including infringement/privacy claims).

14. Governing law and disputes

These Terms are governed by the laws of New South Wales, Australia.

Before filing formal proceedings, you agree to contact us at hello@orcalumi.ai and attempt to resolve disputes in good faith for 30 days.

If unresolved, you agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia.

15. Changes to these Terms

We may update these Terms. We will update the "Last Updated" date and, where changes are material, provide reasonable notice via the Services or email.

16. Contact

Questions: hello@orcalumi.ai