Terms of Service

1 Definitions

In these Terms of Service, the following terms shall have the meanings set forth below, unless the context requires otherwise:

"The Company" or "ORCA" - ORCA Legal Labs Ltd. (אורקה מעבדות משפט בע״מ), Co. Reg. 517334603, from Tel Aviv, Israel.

"The Service" - The ORCA platform for generating legal documents, including statements of claim, statements of defense, motions and related legal documents, using artificial intelligence technology.

"The User" - Any individual or entity using the Service, whether an attorney, private client, or business entity.

"The Website" - The Company's website at www.orca.co.il and any subdomain or related page.

"The Document" or "The Output" - Any legal document generated through the Service, in any format.

"User Content" - Any information, data, document, or other material entered by the User into the system for the purpose of receiving the Service.

2 Description of Service

2.1 Nature of the Service

The Service enables automatic generation of legal documents using advanced artificial intelligence technology. The User enters factual data and selects the required document type, and the system generates a draft legal document based on the entered data.

2.2 Nature of Service - Draft Only

The User acknowledges and confirms that they are aware that documents generated by the Service are drafts only and do not constitute a substitute for professional legal advice. Use of the documents as-is, without review and editing by a licensed attorney, is solely at the User's responsibility.

2.3 Service Limitations

The Company does not guarantee that the Service will be continuously available, without interruptions or malfunctions. The Company reserves the right to discontinue, modify, or limit the Service at any time, with or without prior notice.

3 Registration and Account Management

3.1 Registration Requirements

Use of the Service is subject to registration and opening a user account. The User undertakes to provide accurate, current, and complete information during registration and to update it whenever changes occur.

3.2 Account Security

The User is responsible for maintaining the confidentiality of their login credentials and for all activity conducted in their account. The User must immediately notify the Company of any unauthorized use of their account or any concern regarding account security.

3.3 Legal Capacity

The User represents that they are 18 years of age or older and have full legal capacity to enter into this agreement. A User that is a corporation represents that its authorized representative is acting pursuant to valid authorization.

4 Payment and Pricing

4.1 Pricing

Service prices are published on the Website and may change from time to time. The applicable price is the price stated at the time of order. All prices include VAT as required by law, unless expressly stated otherwise.

4.2 Early Access Pricing

During the early access period, the cost per single run is ₪100. This is early access and not the final market price of the product. The Company may change the price at any time. The applicable price is the price stated at the time of order.

4.3 Payment Methods

Payment is made by credit card or other payment method approved by the Company. Payment processing is performed through third-party payment service providers, and the User is also subject to the terms of service of such providers.

4.4 Cancellation and Refund Policy

In accordance with the Consumer Protection Law, 5741-1981, the User has the right to cancel a transaction within 14 days of its execution and receive a full refund, less cancellation fees of 5% or ₪100, whichever is lower. The right of cancellation does not apply after the User has viewed or downloaded the document produced for them.

4.5 Quality Guarantee

If the generated document does not meet the Company's quality standard, the User is entitled to a re-run at no additional cost. A re-run request must be submitted through customer service within 30 days of the original generation. The Company reserves the right to determine whether the document does not meet the standard.

5 Intellectual Property

5.1 Company Property

All intellectual property rights in the Service, the Website, the algorithms, the source code, the design, and the content that is not User Content, belong exclusively to the Company. Use of the Service does not grant the User any rights in the Company's intellectual property.

5.2 Document License

The User receives a non-exclusive, non-transferable license to use the documents produced for them for their legal purposes only. The User may not sell, transfer, or distribute these documents to third parties except for the purpose of the relevant legal proceedings.

5.3 User Content

User Content remains the property of the User. However, the User grants the Company a non-exclusive, royalty-free license to use the User Content for the purpose of providing the Service, improving and developing it, and for statistical and research purposes, in an aggregate and anonymous manner.

6 User Obligations

6.1 Legal Use

The User undertakes to use the Service for legal purposes only and in accordance with all applicable law. The User is responsible for ensuring that the use of documents produced for them does not violate any law, regulation, or order of a competent authority.

6.2 Accuracy of Information

The User undertakes to enter accurate, complete, and truthful information. The Company is not responsible for results arising from incorrect, partial, or misleading information entered by the User.

6.3 Prohibitions

The User undertakes not to:

• Circumvent or attempt to circumvent the Service's security mechanisms
• Copy, duplicate, or create derivative works from the Service
• Reverse engineer the Service or its components
• Use the Service in a manner that may impair its functionality or availability
• Transmit viruses, malware, or malicious code
• Impersonate another or provide false identifying information

7 Limitation of Liability and Disclaimer

7.1 Not Legal Advice

The Service does not constitute legal advice and does not create an attorney-client relationship between the Company and the User. The Company strongly recommends consulting with a licensed attorney before taking any legal action based on documents produced through the Service.

7.2 Service As-Is

The Service is provided "AS IS" and without warranty of any kind, express or implied. The Company does not warrant that the Service will be error-free, will meet the User's requirements, or will produce any legal results.

7.3 Limitation of Liability

In any event, the Company's liability to the User, whether in contract, tort, or otherwise, shall not exceed the amount actually paid by the User for the Service in dispute, or ₪1,000, whichever is higher. The Company shall not be liable for indirect, consequential, special, or punitive damages.

7.4 Disclaimer for Legal Outcomes

The Company is exempt from any liability for the outcome of legal proceedings, judgments, decisions, or any other legal outcome arising from the use of documents produced through the Service. The responsibility for reviewing, editing, and filing the documents rests solely with the User.

7.5 Professional Responsibility of Attorneys

An attorney using the Service declares that their professional duties to their clients under the Bar Association Rules (Professional Ethics), 5746-1986 - including the duty of competence and the duty of loyalty - are not limited and are not affected by use of the Service. The attorney is solely responsible for reviewing the documents, adapting them to the case circumstances, editing them according to their professional judgment, and filing them with the court. Use of ORCA outputs does not fulfill professional duties to the client.

7.6 Client Consent for Information Processing

An attorney uploading to the Service documents that contain personal information about their clients, including factual, medical, financial, or other particulars, declares that they have obtained their clients' consent to process such information for purposes of producing the legal document, in accordance with the requirements of the Privacy Protection Law, 5741-1981. Documents containing personal client information must not be uploaded before such consent has been obtained.

8 Privacy and Data Security

8.1 Privacy Policy

Use of the Service is also subject to the Company's Privacy Policy, which constitutes an integral part of these Terms of Service. The Privacy Policy details how user personal information is collected, used, and stored.

8.2 Confidentiality

The Company undertakes to maintain the confidentiality of User Content and not to transfer it to third parties, except:

• In the case of a court order or binding requirement of a competent authority
• To service providers acting on behalf of the Company and subject to confidentiality obligations
• In an aggregate and anonymous manner for research and service improvement purposes

8.3 Data Security

The Company implements reasonable and accepted data security measures to protect the information stored in its systems. However, the Company cannot guarantee absolute protection against breaches or unauthorized access, and the User acknowledges that they are aware of the risks involved in transmitting information over the internet.

8.4 International Users

If you are located in the European Economic Area, your data is processed in accordance with applicable data protection laws including the General Data Protection Regulation (GDPR). Data processing is based on contractual necessity for providing the Service. You may exercise your rights under applicable law by contacting us.

8.5 Attorney-Client Privilege

ORCA recognizes that documents and information that users upload to the Service may be protected by attorney-client privilege under section 48 of the Evidence Ordinance [New Version], 5731-1971. The Company will not disclose such information to any third party without the user's consent, except in cases where the Company is legally required to do so. In the event of a court order requiring disclosure of information, the Company will endeavor to send prior notice to the user to the extent permitted by law and not prohibited by the order, in order to allow them to take the required proceedings. Responsibility for maintaining privilege when uploading documents to the Service rests with the user.

9 Termination

9.1 Termination by User

The User may cancel their account at any time by contacting customer service. Cancellation of the account does not entitle the User to a refund for services already purchased or consumed.

9.2 Termination by Company

The Company may suspend or terminate the User's account, immediately and without prior notice, in the event of:

• Violation of these Terms of Service
• Violation of law
• Suspicious or fraudulent activity
• Non-payment
• At the Company's sole discretion

9.3 Consequences of Termination

Upon termination, the User's right to access the Service and documents produced for them shall expire. User Content (documents, input, output) will be deleted within 30 days of termination. The User is responsible for downloading any document they wish to retain before that date.

10 Dispute Resolution

10.1 Governing Law

These Terms of Service shall be interpreted and governed exclusively by the laws of the State of Israel, without giving effect to its conflict of law rules.

10.2 Jurisdiction

The competent courts in the Tel Aviv-Jaffa district shall have exclusive jurisdiction to adjudicate any dispute arising from or related to these Terms of Service.

10.3 Limitation Period

Any claim or cause of action arising from the use of the Service shall be time-barred and void if a lawsuit is not filed within one (1) year from the date the cause of action arose.

11 General Provisions

11.1 Changes to Terms

The Company may change these Terms of Service at any time. Material changes will be published on the Website and/or sent to the User by email. Continued use of the Service after publication of the changes constitutes agreement to the updated terms.

11.2 Assignment

The User may not assign or transfer their rights or obligations under these Terms without the Company's prior written consent. The Company may assign its rights to a third party without the User's consent.

11.3 Waiver

Failure to enforce any right or provision of these Terms of Service shall not constitute a waiver of that right or provision. Waiver of one breach shall not constitute a waiver of future breaches.

11.4 Severability

If any provision of these Terms of Service is determined to be void or unenforceable, the remaining provisions shall remain in effect. The void provision shall be replaced by a valid provision that is closest to the parties' intent.

11.5 Entire Agreement

These Terms of Service, together with the Privacy Policy and any document referenced herein, constitute the entire and exclusive agreement between the User and the Company with respect to the Service, and supersede any prior agreement, understanding, or representation, written or oral.

12 Contact Us

For questions, clarifications, or inquiries regarding these Terms of Service, you may contact the Company through: