Introduction
By registering, accessing, or using the Orchestra service (hereinafter, "the Service"), the user agrees to be bound by these Terms and Conditions (hereinafter, "the Terms"). If you do not agree with any of these Terms, you must not use the Service.
1. Description of the Service
Orchestra is a software-as-a-service (SaaS) platform that enables users to deploy, configure, and operate artificial intelligence agents (hereinafter, "Agents") capable of executing tasks autonomously. These tasks may include, among others: sending emails and messages, modifying files and data, interacting with third-party APIs and services, and executing actions with operational or financial implications.
2. Autonomous Nature of Agents — Important Notice
The user expressly acknowledges and agrees that:
Agents act autonomously based on instructions, permissions, and configurations defined by the user. Orchestra does not control or supervise in real time the individual actions of each Agent.
Actions executed by an Agent are considered to be performed on behalf of and for the account of the user who configured and activated it. The user is solely responsible for correctly defining the scope, permissions, and operational limits of each Agent.
Orchestra does not guarantee that Agents will act exclusively within the parameters expected by the user. The underlying artificial intelligence models may produce unexpected, incorrect, or unintended results.
The user must review and approve the configuration of each Agent before activation and is responsible for the consequences of any action executed by an Agent under their account.
3. Limitation of Liability
To the maximum extent permitted by applicable law, Orchestra, its founders, employees, collaborators, and technology providers shall not be liable for: direct, indirect, incidental, special, consequential, or punitive damages arising from the use of the Service or from actions executed by the Agents; loss of data, service interruptions, processing errors, or incorrect results generated by the underlying artificial intelligence models; actions executed by an Agent that exceed the permissions expected by the user, including financial actions, sending communications, data modifications, or interactions with third-party systems; damages caused to third parties as a result of actions executed by an Agent configured and activated by the user; or economic, contractual, or reputational losses arising from the use of the Service.
Orchestra's total cumulative liability to the user, for any reason and in any billing period, shall not exceed the amount paid by the user to Orchestra in the 3 months preceding the event giving rise to the claim.
Specifically and without limitation, Orchestra shall not be liable for irreversible actions executed by an Agent, including: permanent deletion of files or data, sending emails or messages to third parties, execution of financial transactions or purchases, modification or destruction of databases, or any other action that cannot be undone once executed.
4. User Responsibilities
The user agrees to: configure Agents diligently, explicitly defining the scope of their actions and the permissions granted; not use the Service to execute illegal, fraudulent, abusive actions or actions that infringe the rights of third parties; not use Agents to send unsolicited communications (spam), access systems without authorization, manipulate third-party data without consent, or execute unauthorized financial transactions.
The user must maintain the confidentiality of their access credentials and notify Orchestra immediately of any unauthorized use of their account. The user must comply with all applicable laws and regulations in their jurisdiction, including those relating to data protection, privacy, and electronic communications.
The user must obtain all necessary consents from third parties before authorizing an Agent to interact with their data, systems, or communications.
5. Acceptable Use — Prohibited Conduct
It is expressly prohibited to use the Service to: execute actions that violate applicable local, national, or international laws; cause harm, harassment, or damage to third parties; access, modify, or destroy third-party data without express authorization; execute financial transactions without the proper authorization of all parties involved; circumvent security measures of third-party systems; reproduce, distribute, or commercially exploit the Service without express authorization from Orchestra; or use the Service to train, copy, or replicate the underlying artificial intelligence models.
Fair use and resource limits. All plans — including those with published numeric limits and those describing features as "unlimited" — are provided on a fair-use basis intended for normal business use of the Service by the subscribing account. In addition to any limits published for a given plan, the Service is subject to technical resource limits (including rate, concurrency, and compute and memory limits) that may not be separately published and that apply to every account regardless of plan. Usage that is excessive, automated for resale, materially exceeds typical usage patterns for comparable accounts, or that degrades, disrupts, or imposes a disproportionate load on the platform or its shared infrastructure, is not permitted. Orchestra may, acting reasonably and, where practicable, with prior notice, apply or adjust such limits, request that the user upgrade to a higher plan, or restrict or suspend the affected usage in accordance with Section 15, in order to protect the stability and availability of the Service for all users. Specific plan limits and fair-use thresholds may be published separately and updated from time to time in accordance with Section 16.
6. Indemnification
The user agrees to defend, indemnify, and hold harmless Orchestra, its founders, employees, and collaborators from and against any claims, damages, losses, liabilities, costs, or expenses (including reasonable legal fees) arising from: actions executed by any Agent configured and activated under the user's account; misuse of third-party services through Orchestra infrastructure; the user's violation of these Terms or any applicable law; security breaches caused by the user's own configuration decisions, including granting excessive permissions to an Agent; or claims from third parties harmed by actions of an Agent operated under the user's account.
7. No Backups — Data Loss
The user expressly acknowledges and agrees that Orchestra does not maintain backups of agent data, workflow history, files, credentials, or user configurations.
If the underlying infrastructure (including Railway services or other providers) experiences failure, deletion, or corruption, data may be permanently and irrecoverably lost.
The user is solely responsible for maintaining their own backups of any critical data accessible by Agents. Orchestra shall not be liable for any data loss resulting from Agent actions, infrastructure failures, or user error.
8. No Orchestra Access to User Data
Orchestra has no access to the user's agent instance, files, credentials, conversations, or connected services. The user grants permissions directly to their Agents — Orchestra acts solely as deployment infrastructure.
As a consequence: Orchestra cannot monitor, audit, retrieve, or restore user data; Orchestra cannot be compelled to produce user data it does not possess; and the user is the sole custodian of their data and configurations.
9. No Warranty / As-Is
The Service is provided on an "as-is" and "as-available" basis. Orchestra makes no express or implied warranties regarding: uninterrupted availability of the Service (no uptime SLA is offered unless expressly agreed in writing); the accuracy, safety, or usefulness of results generated by Agents or the underlying artificial intelligence models; continued compatibility or interoperability with integrated third-party services; or that Agents will always act within the parameters configured by the user.
10. AI Provider API Costs
Orchestra enables Agents to interact with third-party AI providers such as Anthropic, OpenAI, Google AI, and others. Users connect these providers using their own API keys and credentials.
The user is solely responsible for all costs, fees, and charges incurred through their AI provider accounts as a result of Agent activity. This includes usage from automated workflows, scheduled jobs, and any other actions executed by Agents under the user's account.
Orchestra strongly recommends configuring usage limits and spending caps directly within each AI provider's dashboard to avoid unexpected charges. Orchestra has no visibility into or control over the costs generated by the user's API keys and will not reimburse any AI provider charges under any circumstances.
11. Third-Party Integrations
The Service allows integration with third-party APIs and platforms. The user acknowledges that: Orchestra is not responsible for the operation, availability, or changes in integrated third-party services; the user is responsible for complying with the terms and conditions of each third-party service with which they integrate an Agent; and access credentials and tokens for third-party services provided by the user are their sole responsibility. Orchestra stores them securely but cannot guarantee their protection against sophisticated attacks.
12. Financial Actions
Given that Agents may execute actions with financial implications, the following specific conditions apply: the user must explicitly configure within the system the financial limits of each Agent's actions (maximum amount per transaction, maximum daily amount, permitted types of operations); Orchestra shall not be liable for financial transactions executed by an Agent within the permissions configured by the user, even if the result is not as expected.
The user must periodically review the actions executed by their Agents and revoke permissions that are no longer necessary. Orchestra recommends enabling prior human authorization for any financial action exceeding the thresholds defined by the user.
13. Intellectual Property
The Service, including its software, design, brand, logos, and documentation, is the exclusive property of Orchestra and is protected by applicable intellectual property laws. The user obtains a limited, non-exclusive, non-transferable, and revocable license to access the Service during the term of their subscription.
The user retains ownership of the data, instructions, and configurations they input into the Service. By using the Service, the user grants Orchestra a limited license to process such data solely for the purpose of providing the Service.
14. Data Protection and Privacy
Orchestra processes users' personal data in accordance with its Privacy Policy, available at hiorchestra.com/privacy. The user accepts said policy as an integral part of these Terms.
In the context of the European Union's General Data Protection Regulation (GDPR), Orchestra acts as a data processor with respect to personal data of third parties that the user inputs into the system through the Agents. Business users requiring GDPR-compliant data processing terms may access the Data Processing Agreement at hiorchestra.com/dpa.
15. Suspension and Cancellation
Orchestra reserves the right to suspend or cancel the Service access of any user who: breaches these Terms or applicable legislation; uses the Service in a manner that causes harm to third parties or to the platform itself; or fails to pay amounts due within the established deadlines.
The user may cancel their subscription at any time from their control panel. No refunds will be issued for already-billed periods unless required by applicable law.
16. Modification of Terms
Orchestra reserves the right to modify these Terms at any time. Modifications will be notified to the user with at least 15 days' notice by email or through a notice on the platform. Continued use of the Service after the new Terms take effect implies acceptance thereof.
17. Governing Law and Jurisdiction
These Terms are governed by Spanish law. For any disputes arising from them, the parties submit to the courts of Barcelona, expressly waiving any other jurisdiction that may correspond to them.
For consumer users in the European Union, the mandatory rights recognized by the legislation of their country of residence will be respected.
18. Electronic Agreement
These Terms constitute a legally binding electronic agreement between you and Orchestra. By registering, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms. You do not need to sign a physical document for this agreement to be enforceable.
You may retain a copy of these Terms by saving or printing this page. Orchestra will also send you a copy upon request to legal@hiorchestra.com.
19. Commercial Use — Business Entity Representation
If you are accessing or using the Service on behalf of a company, organization, or other legal entity (a "Subscribing Entity"), you represent and warrant that: (a) you are an authorized representative of the Subscribing Entity with the legal authority to bind it to these Terms; (b) you have read and understood these Terms; and (c) you agree to these Terms on behalf of the Subscribing Entity.
In such cases, "you" and "user" in these Terms refer to the Subscribing Entity. If you do not have such authority, you must not accept these Terms or use the Service on behalf of the Subscribing Entity.
20. Age Requirement
The Service is intended for users who are at least 18 years of age. By using the Service, you represent and warrant that you are 18 years of age or older. If you are under 18, you are not permitted to use the Service. Orchestra reserves the right to terminate any account found to be in violation of this requirement.
21. Copyright Infringement — Reporting Procedure
Orchestra respects intellectual property rights and expects users to do the same. If you believe that content accessible through or uploaded to the Service infringes your copyright or other intellectual property rights, please notify Orchestra in writing at legal@hiorchestra.com with the following information:
(a) A description of the copyrighted work or intellectual property right you claim has been infringed; (b) identification of the specific material you claim is infringing; (c) your name, postal address, email address, and telephone number; (d) a statement that you have a good-faith belief that the use of the material is not authorized by the rights holder, their agent, or applicable law; (e) a statement, made under penalty of perjury, that the information in your notice is accurate and that you are the rights holder or authorized to act on their behalf; and (f) your signature (electronic or physical).
Orchestra will review all valid notices and take appropriate action, which may include removing the infringing content and suspending or terminating the accounts of repeat infringers.
22. Dispute Resolution
In the event of any dispute arising out of or relating to these Terms or the Service, the parties agree to first attempt to resolve the dispute informally by contacting Orchestra at legal@hiorchestra.com. Orchestra will attempt to respond within 30 days.
If the dispute cannot be resolved informally within 60 days, either party may pursue the remedies available under Section 17 (Governing Law and Jurisdiction). Nothing in this section limits either party's right to seek urgent injunctive or other equitable relief where necessary to prevent imminent harm.
23. No Third Party Beneficiaries
These Terms are entered into solely between you and Orchestra. Except as otherwise expressly provided in these Terms, there are no third party beneficiaries to this agreement. No third party shall have any right to enforce any provision of these Terms.
24. Severability and Waiver
If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible. The remaining provisions shall continue in full force and effect.
Orchestra's failure to enforce any provision of these Terms shall not constitute a waiver of its right to enforce that provision or any other provision in the future. No waiver of any breach shall be deemed a waiver of any subsequent breach of the same or any other provision.
25. Entire Agreement
These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference herein, constitute the entire agreement between you and Orchestra with respect to the Service and supersede all prior and contemporaneous agreements, proposals, representations, and understandings, whether written or oral, relating to the subject matter hereof.
Section headings are for convenience only and shall not affect the interpretation of these Terms.
26. Contact
For any questions about these Terms, users may contact Orchestra at: legal@hiorchestra.com