Terms of Service
Last updated: 2026-10-13
These Terms of Service ("Terms") are an agreement between you and Orchestra Technologies, Inc., a Delaware corporation ("Orchestra", "we", "us", "our"). They govern your use of our website at orchestrahq.ai (the "Site") and of the Orchestra service, including the web app, the desktop app, the command-line tool, the session capture tools, the MCP server, and any related software, documentation and support (the "Service").
If you use the Service on behalf of an organization, such as your employer, you accept these Terms for that organization and confirm that you have authority to do so. In that case, "you" and "Customer" mean that organization.
If you have signed a separate written agreement with us for the Service, that agreement governs your use of the Service, these Terms govern only your use of the Site, and where the two conflict the signed agreement controls.
By using the Site or the Service, you agree to these Terms. If you do not agree, do not use them.
1. The Service
Orchestra is a work platform where people and AI agents work together. It captures the sessions of the coding agents your team already uses, records activity in an append-only event log, builds an organizational memory whose answers cite the events they came from, and provides shared agent sessions, work items, and integrations with other tools.
2. Early access and beta
The Service is in private beta. Access is by invitation, and we may accept or decline requests for early access at our discretion. During the beta:
- features may change, be limited or be removed, and the Service may be unavailable or slow, or contain errors;
- we may suspend or end the beta, or your access to it, at any time, and we will try to give you at least 30 days' notice before ending it, unless we need to act sooner for security or legal reasons;
- we make no commitment to service levels; and
- you should not rely on the Service as the only copy of any data, or for any use where its failure could cause significant harm.
Requesting early access through the Site does not oblige either of us to provide or to use the Service.
3. Accounts
You must be at least 18 years old, and you may use the Service only for business or professional purposes. You must give accurate account information and keep it up to date.
You sign in through our authentication provider. Keep your credentials, sign-in tokens and devices secure, and tell us promptly at contact@orchestrahq.ai if you believe someone has accessed your account without permission. You are responsible for activity under your account, including actions taken by AI agents that you run, connect to the Service or dispatch through it.
If you administer a Customer workspace, you are responsible for the people you invite to it and for its settings.
4. Your content
Customer Content means all data and content that you, your users or your agents submit to or through the Service, including captured agent sessions, transcripts, code excerpts, commit details, notes, work items, comments and data from integrations you connect, and the output the Service generates from them.
Ownership. As between you and us, you own Customer Content, including the output the Service generates from it, such as summaries.
Licence to us. You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, process, transmit, index and display Customer Content, and to create derived data from it such as search indexes and summaries, only as needed to provide, secure and support the Service for you, and as described in our Privacy Policy. We will not use Customer Content to train or fine-tune AI models, or for any other purpose, without your written agreement. We may collect and use information about how the Service is used, such as feature usage and error reports, which does not include Customer Content, to operate and improve the Service.
Your responsibilities. You are responsible for Customer Content and for having the rights, permissions and notices needed to bring it into the Service. In particular:
- Capture reads agent session files in the repositories, and on the computers, where it is set up or run. Set it up only on computers, and for work, that you are permitted to share with your workspace.
- Captured content can include personal information about you and others, such as names and email addresses in transcripts, commits and issues. You are responsible for giving any notices and getting any consents that the law or your own policies require.
- The Service removes the secrets its automated redaction detects before storing content, but redaction is not guaranteed to catch every secret, and detection of other personal information is off by default. Do not rely on redaction as your only safeguard.
- Do not submit special categories of personal data, protected health information, payment card data, government identification numbers, or data subject to export controls, unless we have agreed to it in writing.
Data processing. We offer a data processing agreement on request. If you sign one with us, it forms part of these Terms and controls where it conflicts with them.
Deletion and export. You can ask us for a copy of your Customer Content at any time, and we will provide it in a machine-readable format within 30 days. When your access to the Service ends, you have 30 days to ask for a copy, after which we delete your Customer Content from our production systems within 90 days, except in backups, which expire on their own schedule as described in our Privacy Policy.
5. Software you install
We grant you a limited, non-exclusive, non-transferable, revocable licence to install and use the Orchestra command-line tool, desktop app, capture tools and MCP server on computers you control, only to use the Service under these Terms. Any components we provide under an open-source licence are governed by that licence. The software does not update itself; you choose when to install a new version.
6. Acceptable use
You will not, and will not allow anyone else, including an agent acting for you, to:
- use the Service in breach of the law or of anyone's rights, including privacy and intellectual property rights;
- bring into the Service content you do not have the right to share, or capture sessions from computers or accounts you are not authorized to use;
- access or try to access another customer's data, or get around access controls, authentication or other security measures;
- probe, scan or test the vulnerability of the Service without our prior written permission;
- interfere with or overload the Service, including by sending automated requests beyond reasonable use;
- reverse engineer the Service, except to the extent the law allows despite this restriction;
- use the Service to build a competing product, or copy its features or design;
- upload malware, or use the Service to send spam or distribute harmful content;
- resell or sublicense the Service, or provide it to third parties, except as we agree in writing; or
- use the Service for any purpose prohibited by the usage policies of the AI providers you use with it.
7. Third-party services and AI
Third-party services. The Service works with services we do not operate, including your coding agents (such as Claude Code, Codex, Gemini CLI, Cursor and OpenCode), AI model providers whose keys you configure, and integrations such as Linear. Your use of them is governed by your agreements with their providers. You are responsible for complying with those agreements and for any charges they impose, including charges for model usage under your own keys. When you connect a third-party service, you authorize us to exchange data with it on your behalf, including writing changes back to it where the integration does so. We are not responsible for third-party services or for how they handle your data.
AI output. The Service, and the agents used with it, produce output generated by AI models, such as summaries, answers, suggested work and code. AI output can be incomplete, inaccurate or out of date, even when it cites sources. You are responsible for reviewing output, and any action an agent takes, before relying on it. We do not guarantee that output is correct or unique, or that it is free of third-party rights.
Agent actions. Agents you run or dispatch can take actions such as editing code, running commands, and updating work items and connected services. You are responsible for configuring what your agents may do and for the actions they take on your behalf.
8. Feedback
If you send us suggestions, ideas or other feedback about the Service, you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use them without restriction and without any obligation to you.
9. Our intellectual property
We and our licensors own the Service, the Site, all related software, designs, trademarks and documentation, and all improvements to them. We grant you no rights other than those these Terms expressly grant.
10. Confidentiality
Each party may receive non-public information from the other that is marked confidential, or that a reasonable person would understand to be confidential ("Confidential Information"). Customer Content is your Confidential Information. Non-public information about the Service, including beta features, performance and pricing, is ours. The recipient will use Confidential Information only to perform under these Terms, will protect it with at least reasonable care, and will disclose it only to people who need to know it and are bound by similar obligations. These obligations do not apply to information that is or becomes public through no fault of the recipient, that the recipient already knew, that it develops independently, or that it rightfully receives from a third party. A party may disclose Confidential Information when the law requires it, after notifying the other party where the law allows. If we have signed a separate confidentiality agreement with you, it also applies, and it controls where it conflicts with this section.
11. Fees
The Service is provided free of charge during the beta. We will give you at least 30 days' notice before we start charging for the Service, and you will not be charged unless you agree to the pricing.
12. Suspension and termination
You may stop using the Service at any time, and you can close your account or your organization's workspace by writing to contact@orchestrahq.ai. We may suspend or end your access immediately if you breach these Terms, if your use creates a security or legal risk, or if the law requires it. We may also end your access for any other reason, or when the beta ends, with at least 30 days' notice.
When your access ends, your right to use the Service ends, and Section 4 describes what happens to your Customer Content. Sections 4, 7, 8, 9, 10, 12, 13, 14, 15, 16 and 18 survive the end of these Terms.
13. Disclaimer of warranties
THE SITE AND THE SERVICE, INCLUDING ALL BETA FEATURES AND AI OUTPUT, ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT THE LAW PERMITS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, OR THAT DATA WILL NOT BE LOST.
14. Limitation of liability
TO THE FULLEST EXTENT THE LAW PERMITS, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.
TO THE FULLEST EXTENT THE LAW PERMITS, EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AND USD 100.
These limits do not apply to your obligations under Section 15, or to your breach of Section 6.
Some jurisdictions do not allow some of these exclusions or limits, so some of them may not apply to you.
15. Indemnity
You will defend and indemnify Orchestra and its officers, employees and agents against any third-party claim, and the resulting losses and costs (including reasonable legal fees), arising from Customer Content, from your use of the Service in breach of these Terms or the law, or from your use of third-party services with the Service.
16. Governing law and disputes
These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws rules. The state and federal courts located in Delaware have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and each party consents to their jurisdiction.
17. Changes to these Terms
We may update these Terms from time to time. We will post the updated Terms on this page and change the "Last updated" date. For material changes, we will tell account holders by email or through the Service at least 30 days before the changes take effect. If you keep using the Site or the Service after changes take effect, you accept the updated Terms.
18. General
- Entire agreement. These Terms, together with the Privacy Policy and any written agreement or order you sign with us, are the entire agreement between us about their subject.
- Assignment. You may not assign these Terms without our written consent. We may assign them as part of a merger, acquisition or sale of assets.
- Severability and waiver. If any provision is found unenforceable, the rest stay in effect. Not enforcing a provision is not a waiver of it.
- Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
- Export and sanctions. You will comply with applicable export control and sanctions laws, and will not use the Service in, or make it available to anyone in, a sanctioned country or on a restricted-party list.
- Independent parties. The parties are independent contractors. These Terms create no partnership, agency or employment relationship.
- Notices. We may give you notice by email to your account address or within the Service. You may give us legal notice at contact@orchestrahq.ai.
19. Contact
Questions about these Terms: contact@orchestrahq.ai.
Questions about any of this go to contact@orchestrahq.ai.