TERMS & Conditions

Last updated: 11/07/2025

These Terms govern your use of orcaads.com (the “Site”) and our services. By accessing the Site or engaging our services, you agree to these Terms.

1) Who We Are

Orca Ads provides AI-assisted, humor-driven video creative and related marketing services (the “Services”).

2) Eligibility & Business Use

You represent that you are using the Services for business purposes and have authority to bind your company.

3) Proposals; “First Video—Pay Only If You Like It”

We may offer a no-obligation Trial Video.
If you approve the Trial Video for use or download production files, you agree to pay the quoted fee. If you decline, no fee is due for the Trial Video (custom stock, talent, or special costs pre-approved by you may be billed at cost). Future deliverables are defined in an order form, SOW, or written confirmation.

4) Fees & Payment

We invoice upon your request/approval. Payments are processed via Stripe. You are responsible for taxes and processor fees, if any.

5) Intellectual Property

Our IP: We retain rights in our pre-existing tools, templates, know-how, and libraries.
Deliverables: Upon full payment, we grant you a worldwide, non-exclusive, perpetual license to use the final deliverables for your business marketing.
Portfolio Use: You grant us permission to display non-confidential deliverables in our portfolio unless you notify us in writing before project launch.

6) Client Materials & Responsibilities

You warrant that materials you provide (logos, footage, scripts, claims) do not infringe third-party rights and comply with applicable laws and industry rules.

7) Acceptable Use

Do not use the Services or our SMS program for illegal, harmful, deceptive, or spam activity; do not attempt to circumvent carrier rules or messaging limits.

8) SMS Program Terms (Disclosure)

By submitting forms on our Site and checking the consent box, you agree to receive text messages from Orca Ads about marketing and informational content (video advertising concepts, promotions, project updates, scheduling reminders).

Message frequency may vary. Message & data rates may apply.
Reply STOP to unsubscribe; HELP for help.
We process opt-outs immediately and maintain suppression lists.
We use branded links (no public link shorteners) and follow carrier/DCA policies.
Link to Privacy Policy: https://orcaads.com/privacy

9) Third-Party Services

We may integrate or rely on third-party platforms (e.g., hosting, analytics, SMS providers). We are not responsible for third-party services we don’t control.

10) Warranties & Disclaimers

Except as expressly stated in a signed SOW, the Site and Services are provided “as is.” Creative performance varies by audience, budget, and market conditions.

11) Limitation of Liability

To the fullest extent permitted by law, Orca Ads will not be liable for indirect, incidental, special, consequential, exemplary, or lost-profits damages. Our total liability for any claim is limited to the amounts you paid to us in the 12 months preceding the claim.

12) Indemnification

You agree to indemnify and hold us harmless from claims arising out of (a) your content or materials, (b) your use of the Services, or (c) your breach of these Terms.

13) Termination

Either party may terminate for material breach not cured within 30 days of notice. Upon termination, you pay for work performed through the effective date; sections intended to survive (IP, payment, SMS terms, limitations) survive.

14) Governing Law; Venue

These Terms are governed by the laws of {State, USA}, without regard to conflict-of-laws rules. Exclusive venue lies in the courts of {County, State}.

15) Changes to Terms

We may update these Terms by posting a revised version with a new “Last updated” date. Material changes will be notified where required.

16) Contact

Questions? info@orcaads.com
Link to Privacy Policy: https://orcaads.com/privacy