Terms of Service
ORCA Terms of Service
1. Purpose and Scope
These Terms govern the rights, obligations, and responsibilities of Team Everywhere Co., Ltd. (“Company”) and business, corporate, or organizational customers (“Customer”) using ORCA MES and related web services (“Service”). The Service is a B2B service and is not offered as a consumer service.
2. Authority and Order of Precedence
A person registering, ordering, or accepting these Terms represents that they have authority to bind the Customer. A separate service agreement, order form, or quotation prevails over these Terms where the documents conflict.
3. Formation, Changes, and Notices
An agreement is formed when the Customer applies, the Company accepts, and any required payment process is completed. The Company may amend these Terms as permitted by law and will provide reasonable advance notice of material or adverse changes through the registered contact channel, the Service, or the website.
4. Accounts and Customer Responsibilities
The Customer is responsible for administering administrator and member accounts, maintaining accurate account information, and safeguarding credentials and access methods. The Customer must obtain all rights and lawful grounds needed for data that it enters, uploads, or processes through the Service, and must independently back up material data under its business-continuity policy.
5. Service Provision, Changes, and Suspension
Service features, account capacity, support scope, and usage limits follow the price list, Service interface, or applicable agreement. The Company may change or temporarily suspend the Service for security, legal compliance, maintenance, or technical reasons and will provide advance notice where practicable. Emergency security measures and incident response may be notified afterward.
6. Prohibited Conduct and Restrictions
Customers and their members must not submit false information, infringe another party’s rights, distribute malware, scrape without authorization, bypass access controls, hack or reverse engineer the Service, interfere with operations, or violate law. The Company may restrict, suspend, or terminate access as necessary for a Terms violation, security risk, unlawful conduct, or overdue fees, with advance notice where practicable except in urgent cases.
7. Fees, Recurring Billing, and Cancellation
Fees, billing cycles, taxes, payment methods, and discounts follow the price list or applicable agreement. Subscriptions renew and are billed automatically for each billing period until cancelled by the Customer. A cancellation submitted during a billing period takes effect at the end of that period, and fees for that period remain payable in full. Except where required by law or an applicable agreement, no prorated refund is provided for an early cancellation.
8. Intellectual Property, Confidentiality, and Privacy
Intellectual-property rights in the Service and Company-provided content remain with the Company or the applicable rights holder. Rights in Customer data remain with the Customer or applicable rights holder, and the Company processes that data only as necessary to provide, secure, and comply with legal obligations for the Service. Each party must not use or disclose the other party’s non-public technical or business information except for the agreement’s purpose or with proper authority. Personal-information processing is described in the Privacy Policy, and cookies and analytics are described in the Cookie & Analytics Policy.
9. Limitation of Liability
To the extent permitted by law, the Company is not liable for indirect, special, incidental, consequential, data-loss, business-loss, or lost-profit damages. The Company’s aggregate liability for a claim is limited to the fees actually paid by the Customer for the Service giving rise to the claim during the three months immediately before the claim arose. This limitation does not apply to the Company’s wilful misconduct, gross negligence, personal injury, or liability that cannot be limited or excluded by law.
10. Governing Law and Jurisdiction
These Terms are governed by the laws of the Republic of Korea. The parties will first seek to resolve a dispute in good faith; unresolved disputes are subject to the court having jurisdiction under applicable procedural law.