Terms of Service

Welcome to OrcaPulse AI. These Terms of Service ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and OrcaPulse AI ("we," "us," or "our"), concerning your access to and use of the OrcaPulse AI website and platform (collectively, the "Service").

Important Notice: By accessing or using the Service, you agree that you have read, understood, and agree to be bound by all of these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Service and you must discontinue use immediately.

1. Legal Company Statement

OrcaPulse is a doing-business-as OrcaPulse name of Webeye Digital Marketing Management. Webeye Digital Marketing Management is a legally registered company in Dubai, United Arab Emirates, and operates OrcaPulse as its official brand and service.

2. User Accounts

To access certain features of the Service, you must register for an account. When you register for an account, you must provide accurate and complete information.

Account Security: You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account.

Eligibility: You must be at least 18 years of age to use the Service. By agreeing to these Terms, you represent and warrant that you are at least 18 years old.

Notifications: You agree to immediately notify us of any unauthorized use of your account or any other breach of security.

3. Subscription and Payments

Some parts of the Service are billed on a subscription basis ("Subscription(s)"). You will be billed in advance on a recurring and periodic basis, such as monthly or annually, depending on the type of subscription plan you select.

Payment: You represent and warrant that you have the legal right to use any credit card or other payment method in connection with any purchase.

Cancellation: You may cancel your Subscription renewal either through your account settings page or by contacting our customer support team.

Refunds: Except when required by law, paid Subscription fees are non-refundable.

4. License and Access to the Service

Subject to these Terms and your compliance with them, OrcaPulse grants you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes.

You may not resell, sublicense, lease, reproduce, reverse engineer, modify, or create derivative works from the Service except as expressly permitted by applicable law or a separate written agreement.

5. Intellectual Property Rights

Unless otherwise indicated, the Service is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Service, together with the trademarks, service marks, and logos contained therein, are owned or controlled by us or licensed to us, and are protected by copyright, trademark, and other applicable laws.

These Terms do not transfer ownership of the Service or our intellectual property to you. All rights not expressly granted are reserved by OrcaPulse.

6. Customer Data and Platform Content

You retain responsibility for the lawfulness, accuracy, quality, and rights necessary to use any data, contacts, prompts, campaign content, workflow inputs, messages, files, or other material that you submit to the Service.

You grant OrcaPulse the limited rights necessary to host, store, process, transmit, analyze, and display Customer Data solely for the purpose of operating, supporting, securing, and improving the Service in accordance with these Terms, our Privacy Policy, and any applicable customer agreement.

7. Prohibited Activities

You may not access or use the Service for any purpose other than that for which we make the Service available. Prohibited activity includes, but is not limited to:

Systematically retrieving data or other content from the Service to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.

Tricking, defrauding, or misleading us or other users, especially in any attempt to learn sensitive account information such as user passwords.

Interfering with, disrupting, or creating an undue burden on the Service or the networks or services connected to the Service.

Attempting to bypass any measures of the Service designed to prevent or restrict access to the Service, or any portion of the Service.

Using the Service in violation of applicable law, third-party rights, marketing rules, communications regulations, privacy obligations, or contractual restrictions that apply to your business.

8. Acceptable Use of AI and Automation Features

OrcaPulse may provide AI-assisted features, workflow automation, lead qualification tools, messaging features, integrations, and related platform functionality. You are responsible for how you configure and use these features, including compliance with laws governing consent, outreach, marketing communications, telephony, privacy, and customer data handling.

You must not use OrcaPulse to generate unlawful content, impersonate others, automate abusive outreach, upload prohibited sensitive information without authorization, or deploy workflows that violate legal or contractual obligations.

9. Third-Party Services and Integrations

The Service may interoperate with third-party services, platforms, AI providers, CRMs, payment processors, analytics vendors, social platforms, or communications tools. Your use of those services may be subject to separate third-party terms and privacy policies.

OrcaPulse is not responsible for third-party products, service outages, policy changes, or data handling practices outside our reasonable control.

10. Service Availability and Changes

We may update, improve, suspend, or discontinue parts of the Service from time to time. We do not guarantee uninterrupted or error-free availability, and we may perform maintenance, updates, or infrastructure changes that temporarily affect access.

We reserve the right to modify features, plans, limits, pricing, or functionality where reasonably necessary for product, operational, legal, or commercial reasons.

11. Termination and Suspension

We may suspend or terminate your access to the Service if you violate these Terms, create risk for the platform or other users, fail to pay applicable fees, or use the Service in a manner that is unlawful, abusive, or harmful.

You may stop using the Service at any time. On termination, provisions that by their nature should survive, including provisions relating to payment obligations, intellectual property, disclaimers, limitation of liability, and dispute-related sections, will remain in effect.

12. Disclaimers

The Service is provided on an "as is" and "as available" basis to the fullest extent permitted by law. OrcaPulse disclaims all warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and uninterrupted availability.

We do not warrant that the Service will always be secure, uninterrupted, error-free, or suitable for every use case, and we do not guarantee business outcomes, lead conversion rates, campaign performance, or revenue results.

13. Limitation of Liability

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, business interruption, or other damages arising from your use of the Service, even if we have been advised of the possibility of such damages.

To the extent any limitation of liability is restricted by applicable law, our liability will be limited to the maximum extent permitted by that law.

14. Indemnification

You agree to defend, indemnify, and hold harmless OrcaPulse, its affiliates, and its personnel from and against claims, liabilities, damages, losses, and expenses arising out of or relating to your misuse of the Service, your violation of these Terms, your Customer Data, your infringement of third-party rights, or your violation of applicable law.

15. Privacy and Data Protection

Your use of the Service is also subject to our Privacy Policy. Where applicable, certain customers may also enter into a separate Data Processing Agreement or other commercial agreement that governs specific data handling obligations.

If there is a conflict between these Terms and a separately signed customer agreement on a matter specifically addressed in that agreement, the signed agreement will control to the extent of the conflict.

16. Governing Law and Disputes

These Terms will be governed by and interpreted in accordance with the laws applicable to Webeye Digital Marketing Management and any mandatory consumer or data protection laws that may apply based on your location.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be handled in the forum and manner permitted by applicable law and any controlling signed customer agreement.

17. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

Your continued use of the Service after revised Terms become effective constitutes acceptance of those revised Terms.

18. Contact Us

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

support@orcapulse.ai