Orcus Ventures – Early Access Terms of Service

1. Acceptance of Terms

By accessing or using the Services, you agree to be bound by these Terms and the Privacy Policy. If you do not agree, do not use the Services.

2. Eligibility and Geographic Scope

By using the Services, you represent and warrant that you are located in the United States and have authority to enter into these Terms on behalf of yourself or your organization.

3. Early Access / Beta Status

• The Services are in early access / beta.
• Features may change, be removed, or be discontinued at any time.
• The Services may be unavailable, interrupted, or experience data loss.
• Orcus Ventures makes no guarantees regarding performance, uptime, or fitness for any particular purpose during this early access period.
• Orcus Ventures provides customers with access to the Platform in connection with support agreements and/or during the course of assessments and consulting engagements.

4. Accounts and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must promptly notify Orcus Ventures of any unauthorized use or security breach and are responsible for using available security features and maintaining appropriate safeguards and backups.

5. License and Use Restrictions

Limited, non-exclusive, non-transferable, revocable license for internal business use during the Term.

You may not:

• Reverse engineer, decompile, or attempt to extract source code
• Use the Services for unlawful, harmful, or abusive purposes
• Interfere with or disrupt the integrity or performance of the Services
• Circumvent usage limits, security, or access controls
• Resell, sublicense, or provide the Services to third parties except as expressly permitted by Orcus Ventures

6. Intellectual Property

All rights, title, and interest in and to the Services, including software, trademarks, logos, and content (including Global IT Manager™, GIM™, Orcus Ventures™, and related marks), are owned by Orcus Ventures, LLC, a California limited liability company, or its licensors. All rights are reserved worldwide.

7. Fees, Trials, Subscriptions, and Entitlements

Fees are payable as described at purchase and are non-refundable except as required by law or as expressly stated in writing. Orcus Ventures may offer trials or promotions and may modify or terminate such offers. Access to modules or features may be controlled by entitlements enforced server-side and may change based on subscription or payment status.

8. Data and Privacy

You retain ownership of your data and grant Orcus Ventures the right to process it to provide and improve the Services. During early access, you are responsible for backups and data retention, and Orcus Ventures is not responsible for data loss.

9. Third-Party Services

The Services may integrate with third-party services. Orcus Ventures does not control and is not responsible for third-party services, and use of them is at your own risk and subject to their terms.

10. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." ORCUS VENTURES DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ORCUS VENTURES DOES NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, SECURE, OR THAT DATA WILL NOT BE LOST.

11. Limitation of Liability

No indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost data, business interruption, or loss of goodwill.

The aggregate liability of Orcus Ventures is limited to the amount paid by you to Orcus Ventures for the Services in the twelve (12) months preceding the claim or USD 1,000, whichever is greater.

12. Indemnification

You agree to indemnify, defend, and hold harmless Orcus Ventures and its officers, directors, employees, and affiliates from claims arising out of your use of the Services or violation of these Terms.

13. Suspension and Termination

Orcus Ventures may suspend or terminate access at any time, including for violations, subscription lapse, or discontinuation of the Services. Upon termination, your right to use the Services ceases immediately.

14. Governing Law and Venue

These Terms are governed by the laws of the State of California. Except as provided in Arbitration, proceedings shall be brought exclusively in state or federal courts in Santa Clara County, California, and you consent to personal jurisdiction there.

15. Arbitration and Class Action Waiver

Disputes shall be resolved by binding arbitration administered by the AAA under its Commercial Arbitration Rules, with injunctive relief permitted for IP or confidential information. Class actions and representative proceedings are waived. Arbitration will occur in Santa Clara County, California, in English, and the decision is final and binding.

16. Changes to These Terms

Orcus Ventures may update these Terms and will revise the Last Updated date. Continued use constitutes acceptance of the updated Terms.

17. Contact Information

Orcus Ventures, LLC, a California limited liability company; San Jose, California, USA.

Mailing address: PO Box 588, 5655 Silver Creek Valley Rd., San Jose, CA 95138.

Email: inquiries@orcusventures.us

Appendix A – Acceptable Use and Security Policy

Acceptable use:

• Do not violate applicable law or regulation
• Do not infringe the rights of others
• Do not transmit malware, ransomware, or malicious code
• Do not attempt unauthorized access
• Do not conduct security testing without prior written consent from Orcus Ventures
• Do not interfere with or degrade the operation of the Services

Security responsibilities:

• Maintain reasonable security controls over accounts, credentials, and devices
• Implement your own data backup, retention, and recovery procedures
• Acknowledge that early access security controls may evolve and are not guaranteed to meet any specific compliance standard

Incident response: Orcus Ventures may take reasonable steps to investigate and respond to incidents; processes may be limited and evolving during early access.