Terms of Service

Last updated: 28 May 2026

These terms govern your use of the Orca Suite of products operated by Orcavera (Basel, Switzerland). By creating an account or otherwise using the service, you agree to these terms. If you are accepting on behalf of a company, you confirm that you have the authority to bind that company.

1. The service

"Orca Suite" means the software-as-a-service products operated by Orcavera, including TradeShield (tariff and trade-compliance calculations for European importers), Flow (shipment workflow and counterparty collaboration), ORCA D&D (track-and-trace), and any related APIs, documentation, and marketing pages at orcavera.com.

We are continuously improving the service. Features may be added, changed, or retired. We will give reasonable notice before retiring a feature that you are actively using.

2. Accounts

You need an account to use the service. You must provide accurate information at signup and keep your credentials confidential. You are responsible for everything that happens under your account. Tell us immediately if you suspect unauthorised access by emailing [email protected].

Each account belongs to a tenant — typically your company. Anyone you invite into the tenant can see and act on the tenant's data within the permissions you grant them.

3. Acceptable use

You agree not to:

use the service to violate any law, including export-control, sanctions, or anti-money-laundering law;
upload content that infringes third-party rights or contains malware;
attempt to access another tenant's data, reverse-engineer the service, or probe for vulnerabilities outside an explicit responsible-disclosure context;
resell, white-label, or sublicense the service without a separate written agreement;
use the service to send unsolicited bulk messages or scrape data at a rate that degrades performance for other tenants.

We may suspend or terminate accounts that materially violate this section.

4. Your data

You retain all rights in the data you upload (suppliers, lanes, calculations, documents — collectively, "Customer Data"). You grant us a limited licence to host, process, and display Customer Data solely to operate the service for you.

We will not sell your data and will not use Customer Data to train third-party large language models. We process Customer Data on your instructions under our Privacy Notice, which is incorporated into these terms as the Data Processing Agreement for the purposes of Art. 28 GDPR.

5. Decision-support, not certification

The Orca Suite is a decision-support tool. It surfaces tariff rates, CBAM exposure, sanctions matches, rules-of-origin guidance, and other signals derived from public regulatory data and your own inputs. It is not a substitute for advice from a licensed customs broker, lawyer, or tax adviser, and it is not a compliance certification.

You remain solely responsible for the accuracy of customs declarations, payment of duties and taxes, sanctions due-diligence, and compliance with the regulations of every jurisdiction you operate in. Confirm material decisions with your broker or counsel before acting.

6. Paid plans, billing, taxes

Some features require a paid subscription. Prices, billing intervals, and what's included are shown at checkout. Payments are processed by Stripe. Subscriptions renew automatically at the end of each term until cancelled.

You can cancel any time from your account; cancellation takes effect at the end of the current paid period and does not entitle you to a refund of fees already paid, except where required by law.

Fees are exclusive of VAT and other applicable taxes, which we will add where required.

7. Free trials, demo, and beta features

We may offer free trials, demo tenants, or beta features. Demo tenants exist only for evaluation, are reset on a schedule, and write actions may be restricted. Beta features are provided "as is" and may change or be withdrawn at any time without notice.

8. Third-party services

The service integrates with third-party data sources (TARIC, EUR-Lex, ICAP, ECB, VIES, sanctions lists, Mistral AI, Anthropic, Clerk, Stripe, and others). Their availability, accuracy, and terms are outside our control. We are not liable for outages, errors, or changes in third-party services.

9. Intellectual property

We own the service, the software, the design, the data models, and the proprietary parts of the knowledge base. You may not copy, modify, or distribute these except as permitted by these terms or applicable law.

If you give us feedback or suggestions, we may use them without obligation to you.

10. Availability and support

We work hard to keep the service available, but we do not commit to a specific uptime percentage outside of a separately signed enterprise agreement. Support is provided by email at [email protected]; we aim to respond within one business day.

11. Warranty disclaimer

The service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranty that the service will be uninterrupted, error-free, or that calculations will match every regulator's preferred methodology in every edge case.

12. Limitation of liability

To the maximum extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost data, arising out of or related to these terms or the service.

Our total aggregate liability arising out of or related to these terms in any 12-month period is capped at the greater of (a) the fees you paid us in that period or (b) EUR 1,000.

Nothing in these terms limits liability that cannot be limited under applicable law (for example, liability for gross negligence, wilful misconduct, or personal injury).

13. Indemnity

You will defend and indemnify Orcavera against any third-party claim arising from (a) your breach of these terms, (b) Customer Data you upload, or (c) your use of the service in violation of law.

14. Suspension and termination

Either party may terminate for material breach if the breach is not cured within 30 days of notice. We may suspend the service immediately if your use poses a security or legal risk to us or to other tenants. On termination, your right to use the service ends; we will retain Customer Data for 30 days to allow export, then delete it (subject to the legal-retention items in our Privacy Notice).

15. Changes to these terms

We may update these terms from time to time. For material changes we will notify account owners by email at least 14 days before the change takes effect. Continued use of the service after the effective date constitutes acceptance.

16. Governing law and venue

These terms are governed by the substantive law of Switzerland, excluding its conflict-of-laws rules and the UN Convention on Contracts for the International Sale of Goods (CISG). Exclusive venue for any dispute is the competent courts of Basel-Stadt, Switzerland, subject to any mandatory consumer-protection venue rights you may have.

17. Miscellaneous

If a provision of these terms is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these terms without our written consent; we may assign them in connection with a merger, acquisition, or sale of substantially all of our assets. These terms, together with the Privacy Notice and any order form, are the entire agreement between you and Orcavera regarding the service.

18. Contact

Questions about these terms? Email [email protected].

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