Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Orchard Reach Ltd., a company registered in Bulgaria under UIC 208684883, with its registered office in Sofia, Bulgaria ("Orchard Reach," "we," "us," or "our"). By accessing or using the Orchard Reach platform at orchardreach.com (the "Platform"), you agree to be bound by these Terms. If you do not agree, you must not use the Platform.

These Terms apply to all visitors, users, and subscribers of the Platform. Additional terms may apply to specific features or services, which will be presented to you at the time of use.

2. Description of Service

Orchard Reach is a B2B SaaS platform that automates cold email outreach. The Platform conducts automated research on target businesses, generates personalised email content, and manages the sending infrastructure and deliverability on behalf of customers. Orchard Reach manages all aspects of the sending process, including domain management, email warmup, and reputation monitoring.

3. Account Registration and Responsibilities

To use the Platform, you must create an account and provide accurate, complete, and current information. You are responsible for:

• Maintaining the confidentiality of your account credentials;
• All activity that occurs under your account;
• Promptly notifying us at info@orchardreach.com of any unauthorised access or use of your account.

You represent and warrant that you are at least 18 years of age and have the legal authority to enter into these Terms on behalf of yourself or the organisation you represent.

4. Subscription Plans and Payment

Orchard Reach offers paid subscription plans as described on our Pricing page. By subscribing to a paid plan, you agree to the following:

• Billing: Subscription fees are billed in advance on a monthly or annual basis, as selected at the time of purchase. All prices are in Euros (€) unless otherwise stated.
• Payment method: Payments are processed securely through Stripe. You authorise us to charge your designated payment method for recurring subscription fees.
• Price changes: We may adjust subscription pricing with at least 30 days' written notice. Price changes take effect at the start of the next billing cycle following the notice period.
• Taxes: All fees are exclusive of applicable taxes (including VAT), which will be charged where required by law.
• Failed payments: If a payment fails, we will attempt to charge the payment method again. If payment remains outstanding for more than 14 days, we reserve the right to suspend your account until the balance is settled.

5. Customer Content and Intellectual Property

5.1 Your Content

You retain all ownership rights to the data, business information, targeting preferences, and other content you provide to the Platform ("Customer Content"). By using the Platform, you grant Orchard Reach a limited, non-exclusive, worldwide licence to use, process, and store your Customer Content solely for the purpose of providing and improving our services.

5.2 Our Intellectual Property

All rights, title, and interest in the Platform, including its software, design, algorithms, research methodologies, documentation, trademarks, and any proprietary technology, remain the exclusive property of Orchard Reach. These Terms do not grant you any right to use our trademarks, branding, or proprietary materials except as required to use the Platform.

5.3 Feedback

If you provide suggestions, feature requests, or other feedback regarding the Platform, you grant Orchard Reach an unrestricted, perpetual, irrevocable licence to use such feedback for any purpose without compensation or attribution.

6. Acceptable Use

Your use of the Platform is subject to our Acceptable Use Policy and our Anti-Spam Policy. Violation of either policy may result in suspension or termination of your account.

7. Compliance Obligations

You are solely responsible for ensuring that your use of the Platform complies with all applicable laws and regulations, including but not limited to:

• The General Data Protection Regulation (GDPR) and applicable national data protection laws;
• The CAN-SPAM Act (United States);
• The Canadian Anti-Spam Legislation (CASL);
• The Privacy and Electronic Communications Regulations (PECR, United Kingdom);
• Any other applicable anti-spam, data protection, or electronic communications legislation in the jurisdictions where your recipients are located.

You represent and warrant that the outreach campaigns conducted through the Platform are directed at legitimate B2B contacts and that you have a lawful basis for such outreach.

8. Beta and Preview Features

From time to time, we may offer beta, preview, or experimental features. These features are provided "as is" and "as available" without warranty of any kind. We may modify or discontinue beta features at any time without notice. Your use of beta features is at your own risk and does not entitle you to any service level commitments.

9. Limitation of Liability

To the maximum extent permitted by applicable law:

• Liability cap: Orchard Reach's total aggregate liability to you for all claims arising out of or related to these Terms or your use of the Platform shall not exceed the total fees paid by you to Orchard Reach during the twelve (12) months immediately preceding the event giving rise to the claim.
• Exclusion of damages: In no event shall Orchard Reach be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, business opportunities, or goodwill, regardless of whether such damages were foreseeable.
• Third-party actions: Orchard Reach is not liable for actions taken by email service providers, internet service providers, or other third parties that may affect the delivery or reception of emails sent through the Platform.

Nothing in these Terms excludes or limits liability for death or personal injury caused by negligence, fraud, or any other liability that cannot be excluded or limited under applicable law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Orchard Reach, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your violation of these Terms; (b) your violation of any applicable law or regulation; (c) your Customer Content; or (d) any third-party claim related to the outreach campaigns conducted on your behalf.

11. Suspension and Termination

By Orchard Reach: We may suspend or terminate your account immediately if you breach these Terms, the Acceptable Use Policy, or the Anti-Spam Policy, or if we are required to do so by law. We may also suspend your account for non-payment as described in Section 4.

By you: You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. See our Refund and Cancellation Policy for details.

Effect of termination: Upon termination, your right to use the Platform ceases. You will have 30 days from the effective date of termination to export your data. After this period, we will delete your data in accordance with our Privacy Policy retention schedule.

12. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide at least 30 days' advance written notice of material changes via email to the address associated with your account. Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must discontinue use of the Platform before they take effect.

13. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the Republic of Bulgaria, without regard to its conflict of laws principles. Any disputes arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Sofia, Bulgaria.

14. General Provisions

• Entire agreement: These Terms, together with the Privacy Policy, Acceptable Use Policy, Anti-Spam Policy, Cookie Policy, Data Processing Agreement, and Refund and Cancellation Policy, constitute the entire agreement between you and Orchard Reach.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• Waiver: No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.
• Assignment: You may not assign or transfer your rights under these Terms without our prior written consent. Orchard Reach may assign its rights and obligations without restriction.
• Force majeure: Orchard Reach shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including natural disasters, government actions, internet disruptions, or third-party service failures.