Legal
Terms of Service
The agreement between your company and Oratia.
These Terms of Service (the “Terms”) govern access to and use of the Oratia platform, website, and related services (the “Service”) provided by Oratia LLC, a South Carolina limited liability company (“Oratia,” “we,” “us”). By creating an account or using the Service, you agree to these Terms. If you are agreeing on behalf of a company, you represent that you have authority to bind it, and “you” means that company.
Please read section 5 carefully. Oratia gives you tools to call, text, email, and record. Whether a particular call, message, or recording is lawful depends on who you are contacting and where they are. That responsibility is yours, not ours.
1. The Service
Oratia is a customer relationship platform for vacation rental management companies. Subject to these Terms and payment of applicable fees, we grant you a non-exclusive, non-transferable, revocable right to access and use the Service for your internal business purposes during your subscription term.
We improve the Service continuously and may add, change, or remove features. We will not materially degrade a core feature of a plan you are paying for without notifying account administrators.
2. Accounts and users
- You must provide accurate registration information and keep it current. You are responsible for everything that happens under your account.
- Credentials are personal to each user and must not be shared. You must notify us promptly at support@oratia.io of any unauthorized access.
- An account belongs to a team. Administrators can invite and remove users, assign roles, and see activity across the team. If you join a team at your employer’s invitation, that company controls the account and the data in it.
- You must be at least 18 and able to form a binding contract.
3. Plans, trials, and billing
- Free trial. New teams may start a 14-day trial without a card. Voice and SMS features are excluded from the trial because they carry direct carrier costs. At the end of the trial you must select a paid plan to keep using the Service.
- Subscriptions are billed in advance on a recurring basis at the price shown at checkout, and renew automatically until cancelled.
- Seats. Plans are priced per user. Adding a user to your team increases your subscription quantity and the amount billed at the next cycle.
- Cancellation. You may cancel at any time from Settings → Billing. Cancellation takes effect at the end of the current billing period. We do not provide refunds for partial periods except where required by law.
- Non-payment. If a payment fails we will attempt to contact you and retry. We may suspend access if an account remains past due beyond a short grace period.
- Price changes take effect at your next renewal, with at least 30 days’ notice to account administrators.
- Taxes. Fees exclude sales, use, and similar taxes, which you are responsible for except for taxes on our income.
- Usage charges. Voice and SMS usage may be metered separately from the subscription fee. Applicable rates are shown before you enable those features.
Payments are processed by Stripe. We do not receive or store your full card number.
4. Your data
You own your Customer Data. “Customer Data” means the contacts, deals, notes, communications, recordings, and other content you or your users put into the Service, or that the Service collects on your behalf.
You grant us a limited licence to host, process, transmit, and display Customer Data solely to provide, secure, and support the Service, and to comply with law. We do not use Customer Data to train general-purpose AI models. Our handling of personal information is described in the Privacy Policy, which is part of these Terms.
You are responsible for the accuracy and legality of Customer Data and for having the rights necessary to provide it to us. On termination, you may request an export of your Customer Data; see section 12.
5. Communications compliance — your responsibility
The Service can place calls, send SMS, send email, and record conversations. You are solely responsible for using those capabilities lawfully. Without limiting that, you agree that you will:
- Recording consent. Obtain any consent required before recording a call. Some jurisdictions require the consent of every party. You are responsible for knowing which rules apply to the people you call and for configuring recording accordingly.
- Telephone marketing. Comply with the Telephone Consumer Protection Act, state telemarketing laws, and applicable Do Not Call rules, including maintaining any consent records and internal do-not-call lists those laws require.
- SMS. Comply with carrier requirements and messaging rules, including 10DLC registration, obtaining prior express consent, identifying yourself, and honouring opt-outs. You are responsible for the accuracy of the business information you submit for carrier registration.
- Email. Comply with the CAN-SPAM Act and equivalent laws, including accurate headers, a functioning opt-out, and a valid postal address in commercial messages.
- Privacy. Provide any notices and obtain any consents required to collect and process the personal information of your contacts, and honour their rights requests.
We may suspend features or an account where we reasonably believe use is unlawful, is generating carrier complaints, or puts the Service or other customers at risk.
6. Acceptable use
You will not, and will not permit anyone to:
- Use the Service to send spam, or to harass, defraud, or deceive anyone.
- Upload malware, or attempt to breach, probe, or circumvent the security of the Service.
- Access another customer’s data, or attempt to.
- Reverse engineer, decompile, or copy the Service, except where that restriction is unenforceable by law.
- Resell, sublicense, or provide the Service as a service bureau to third parties.
- Scrape or bulk-extract data from the Service other than through documented features.
- Use the Service to build a competing product.
- Impose an unreasonable load on our infrastructure or circumvent rate limits.
- Use the Service in violation of any applicable law, or of a third party’s rights.
7. Third-party services
The Service integrates with third parties including Google, Microsoft, Stripe, and telephony carriers. Your use of those services is governed by their own terms, and their availability is outside our control. Where you connect a third-party account, you authorize us to access it as needed to provide the features you have enabled, and you represent that you are entitled to grant that access. We are not responsible for a third party’s acts, omissions, outages, or changes to its APIs.
Use of Google services through Oratia is additionally subject to Google’s terms, and our handling of Google user data is described in section 3 of the Privacy Policy.
8. Confidentiality
Each party may receive non-public information from the other. The receiving party will protect it with at least reasonable care, use it only to perform under these Terms, and disclose it only to personnel and advisors with a need to know who are bound by comparable obligations. This does not apply to information that is public through no fault of the receiving party, was already known to it, is independently developed, or is rightfully obtained from a third party. Disclosure compelled by law is permitted with prompt notice where legally allowed.
9. Intellectual property
Oratia and its licensors own the Service, including all software, design, and documentation, and all intellectual property rights in them. These Terms grant you a right to use the Service, not any ownership of it. If you send us feedback or suggestions, we may use them without obligation to you.
10. Disclaimers and limitation of liability
The Service is provided “as is” and “as available.” To the maximum extent permitted by law, Oratia disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, that transcriptions, summaries, or other automated output will be accurate, or that it is a substitute for your own professional judgement. Automated output should be reviewed before you rely on it.
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, goodwill, or data, even if advised of the possibility.
Oratia’s total aggregate liability arising out of or relating to these Terms will not exceed the greater of (a) the fees you paid us in the twelve months before the event giving rise to the claim, or (b) one hundred US dollars. These limits do not apply to your payment obligations, your indemnity obligations under section 11, or to liability that cannot be limited by law.
11. Indemnification
You will defend, indemnify, and hold harmless Oratia and its officers, employees, and agents from any third-party claim, and any resulting loss, liability, damages, penalty, or reasonable legal fees, arising out of or relating to: (a) your Customer Data; (b) your use of the Service, including calls, messages, emails, and recordings you make through it; (c) your breach of section 5 or section 6; or (d) your violation of law or of a third party’s rights. We will notify you of the claim, give you control of the defence, and cooperate reasonably at your expense.
12. Term, suspension, and termination
- These Terms run from account creation until terminated.
- You may terminate at any time by cancelling your subscription and closing your account.
- We may suspend or terminate for material breach, non-payment, or unlawful use. Where practical we will give notice and an opportunity to cure.
- For 30 days after termination you may request an export of your Customer Data, which we will provide in a machine-readable format. After that we delete or anonymize it as described in the Privacy Policy.
- Sections 4, 8, 9, 10, 11, 13, and 14 survive termination.
13. Governing law and disputes
These Terms are governed by the laws of the State of South Carolina, without regard to its conflict of laws rules, and excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive venue for any dispute is the state and federal courts located in Greenville County, South Carolina, and both parties consent to personal jurisdiction there.
Before filing, the parties will attempt in good faith to resolve the dispute by discussing it for 30 days after written notice.
14. General
- Entire agreement. These Terms and the Privacy Policy are the entire agreement between the parties on this subject and supersede prior discussions.
- Changes. We may update these Terms. Material changes will be notified to account administrators at least 30 days before they take effect. Continued use after that constitutes acceptance.
- Assignment. You may not assign these Terms without our consent, except to a successor in a merger or sale of substantially all assets. We may assign on the same basis.
- Severability. If a provision is unenforceable, the rest remains in effect.
- No waiver. Failure to enforce a provision is not a waiver of it.
- Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control.
- Independent contractors. These Terms create no partnership, agency, or employment relationship.
15. Contact
Oratia LLC
25 Goldsmith St, Greenville, SC 29609
support@oratia.io