These Terms of Service ("Terms") govern your access to and use of the OrcaPayz website, dashboard, application programming interface and hosted checkout (together, the "Service") operated by OrcaPayz ("OrcaPayz", "we", "us"). By creating an account or using the Service you agree to these Terms on behalf of yourself and, where applicable, the business you represent ("you", "Merchant").
1. Acceptance
You must read and accept these Terms before using the Service. If you do not agree, do not create an account or use the Service. If you use the Service on behalf of a company or other legal entity you represent that you have authority to bind that entity, and "you" refers to that entity.
2. Description of the Service
OrcaPayz is a payment orchestration layer. It lets you connect one or more of your own Stripe accounts, exposes a single API and a hosted, white-label checkout, and routes each payment to one of your connected accounts according to the strategy, limits and preferences you configure.
- OrcaPayz is not a payment processor, payment service provider, money transmitter or bank. All payments are processed by Stripe under your own Stripe account agreement.
- You remain the merchant of record for every transaction. Funds are settled by Stripe directly to you; OrcaPayz never holds, receives or controls your funds.
- OrcaPayz acts on your instructions using API credentials you provide, and stores those credentials encrypted for that sole purpose.
- Routing decisions are automated based on your configuration. You are responsible for reviewing the configuration and the resulting distribution of payments across your accounts.
3. Accounts and eligibility
You must be at least 18 years old and able to enter a binding contract. You must provide accurate registration information and keep it current. You are responsible for all activity under your account, for keeping your password, API keys and webhook secrets confidential, and for notifying us promptly of any unauthorised use. We may refuse, suspend or close accounts that we reasonably believe violate these Terms or present a legal, security or reputational risk.
4. Acceptable use
You agree to use the Service only for lawful purposes and in compliance with all applicable laws, card network rules and the terms of your Stripe account, including the Stripe Services Agreement and Stripe's list of restricted businesses. In particular you must not:
- Sell or facilitate payment for goods or services that are illegal in the jurisdiction of the buyer or seller, or that are prohibited or restricted by Stripe or the card networks.
- Use the Service to evade limits, monitoring, restrictions or obligations imposed on you by Stripe, a card network, a regulator or a court, or to misrepresent the nature of a transaction or the identity of the seller.
- Process payments on behalf of third parties without their knowledge or without the required licences.
- Attempt to gain unauthorised access to the Service, other accounts or our infrastructure, or interfere with its operation (including probing, scanning, load testing without permission, or circumventing rate limits).
- Reverse engineer, copy, resell or sublicense the Service except as expressly permitted by us in writing.
- Upload malicious code or content, or use the Service to send spam or unsolicited communications.
Connecting a Stripe account confirms that you are entitled to use it, that it is registered to you or your business, and that using it through OrcaPayz does not breach any agreement with Stripe.
5. Fees and free trial
New accounts receive a free trial of 7 days with no payment method required. After the trial, continued use requires a paid plan agreed with us. Fees are for the orchestration Service only; Stripe's processing fees are charged separately by Stripe under your own agreement and are not controlled by OrcaPayz. Unless otherwise agreed in writing, fees are non-refundable, exclusive of taxes, and may change with at least 30 days' notice. If your access expires, the API returns an ACCESS_EXPIRED error and new payments cannot be created until access is restored; existing transaction data remains available for the retention period described in our Privacy Policy.
6. API usage and rate limits
We grant you a limited, non-exclusive, non-transferable, revocable licence to use the API and documentation to build and operate your own integration. API requests are limited to 120 per minute per key pair, and we may apply additional limits to protect the Service. You must not share API credentials between unrelated businesses, embed secret keys in client-side code, or use the API in a way that degrades the Service for others. We may change the API with reasonable notice; breaking changes to a versioned endpoint will be announced in advance where practicable.
7. Data and security
Card numbers, CVCs and other sensitive authentication data are collected by Stripe Elements and sent directly to Stripe. OrcaPayz does not receive, process or store cardholder data and does not change your PCI DSS scope relative to a direct Stripe Elements integration. We store transaction metadata (amounts, statuses, customer email and name, descriptions and the metadata you send), your Stripe API credentials (encrypted at rest) and webhook configuration. Our processing of personal data is described in the Privacy Policy. You are responsible for the lawfulness of the data you send us and for providing any notices required to your customers.
You must protect webhook secrets and verify signatures before acting on webhook payloads. You acknowledge that webhook delivery is not guaranteed and that you should reconcile using the API.
8. Availability and support
We aim to keep the Service available continuously but do not guarantee uninterrupted or error-free operation unless a service level agreement is expressly agreed in writing (Enterprise plan). The Service depends on third parties, including Stripe and infrastructure providers, whose outages are outside our control. We may perform maintenance with reasonable notice where possible. Support is provided by email according to your plan.
9. Termination
You may stop using the Service and delete your account at any time from the dashboard or by contacting us. We may suspend or terminate your access immediately if you materially breach these Terms, if required by law or a payment partner, or if your use creates a risk to the Service or others; otherwise we will give reasonable notice. Upon termination your API keys are revoked and the hosted checkout on your payment domain stops serving. You remain responsible for transactions already routed to your Stripe accounts, including refunds and disputes, which continue to be handled by Stripe. Sections 7, 10, 11 and 12 survive termination.
10. Disclaimers and limitation of liability
The Service is provided "as is" and "as available". To the fullest extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that routing will produce any particular distribution, approval rate or financial outcome, or that Stripe will accept any particular transaction or account.
To the fullest extent permitted by law, OrcaPayz shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising out of or related to the Service, even if advised of the possibility. Our total aggregate liability for all claims in any twelve-month period shall not exceed the fees you paid to OrcaPayz for the Service in that period, or one hundred US dollars if you paid no fees. Nothing in these Terms limits liability that cannot be limited by law.
11. Indemnity
You will defend and indemnify OrcaPayz and its officers, employees and contractors against claims, losses and expenses (including reasonable legal fees) arising from your goods or services, your use of the Service in breach of these Terms, your breach of Stripe's terms or applicable law, or disputes between you and your customers.
12. Changes to these Terms
We may update these Terms from time to time. Material changes will be notified by email or a dashboard notice at least 14 days before they take effect, unless the change is required by law or addresses a security concern. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.
13. Governing law and disputes
These Terms are governed by the laws of [Governing jurisdiction], without regard to conflict-of-law rules. Any dispute arising out of or relating to these Terms or the Service shall be subject to the exclusive jurisdiction of the courts of [Venue], unless mandatory consumer law in your country provides otherwise. The parties will attempt to resolve any dispute in good faith before commencing proceedings.
14. General
These Terms, together with the Privacy Policy and any written plan agreement, are the entire agreement between you and OrcaPayz regarding the Service. If any provision is held unenforceable, the remainder stays in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them to an affiliate or successor. Notices to you will be sent to the email address on your account.
15. Contact
Questions about these Terms can be sent through our contact form. We reply within one business day.