Orchi Terms of Service

Effective date: October 1, 2026

These Terms of Service ("Terms") are an agreement between you and Fosh Holdings LLC ("Fosh Holdings," "Orchi," "we," "us," or "our") governing your use of the Orchi mobile application, related websites, and services (collectively, the "Service"). By creating an account or using the Service, you agree to these Terms and the Orchi Privacy Policy.

1. Eligibility and accounts

You must be legally capable of entering into this agreement. If you use Orchi for or on behalf of another person or organization, you represent that you have authority to do so.

You are responsible for maintaining the confidentiality of your device and account credentials and for activity conducted through your account. Provide accurate account information and promptly notify us at [email protected] if you believe your account has been compromised.

2. What Orchi provides

Orchi is a personal assistant and concierge service that can provide voice and text interaction, persistent memory, task planning and continuation, recommendations, reminders, Daily Brief and Radar features, travel assistance, file storage and analysis through Vault, and optional connections to third-party services.

Features may vary by device, location, plan, provider availability, and permissions. We may improve, add, limit, suspend, or discontinue features. If a change materially affects a paid subscription, we will provide any notice required by law or App Store rules.

3. Your instructions and approvals

You are responsible for the requests, content, files, and instructions you provide. Review important details before approving an action. Orchi may ask for approval before sending a message, opening or continuing an external transaction, sharing information, or taking another consequential action.

An action is not complete merely because Orchi prepared it or opened a third-party service. Some actions require you to authenticate, complete a CAPTCHA, provide payment, accept provider terms, or confirm completion. You are responsible for charges, commitments, and obligations that you knowingly approve with a third party.

Orchi may decline, pause, or require additional confirmation for requests involving safety, legality, identity, payment, privacy, or authorization.

4. Connected services and device permissions

You choose whether to grant device permissions or connect third-party accounts. Some features require microphone, camera, photo-library, calendar, reminder, foreground-location, or notification access. Text interaction is available without microphone permission.

If you connect Gmail, you authorize Orchi to use the Google permissions shown during the consent flow, including reading and sending email, to provide requested and enabled features. You can disconnect Gmail through Orchi or revoke access through Google. If you direct Orchi to send an email, you remain responsible for its recipients and content.

Third-party services—including Apple, Google, RevenueCat, mapping, weather, storage, and task providers—have their own terms, availability, and privacy practices. Fosh Holdings is not responsible for third-party services and does not control their decisions, content, prices, or availability.

5. Persistent memory and user content

You retain ownership of content you submit to Orchi. You grant Fosh Holdings a worldwide, non-exclusive, limited license to host, process, reproduce, transmit, and display that content only as needed to operate, maintain, secure, and improve the Service and to comply with law.

Orchi may create stored memories and Life Graph records from your interactions to personalize the Service. You can review, correct, or remove memories through available controls. You are responsible for ensuring you have the right to provide information about other people.

Do not upload or provide content that is unlawful, infringes another person's rights, contains malware, or that you are not authorized to use or disclose.

6. Important limitations

Orchi can make mistakes, misunderstand instructions, present outdated information, or fail to complete an action. Outputs and recommendations should be reviewed in light of your circumstances. Do not rely on Orchi as the sole basis for emergency, medical, legal, financial, employment, housing, insurance, or other high-impact decisions. Orchi is not an emergency service and cannot contact emergency services on your behalf unless a future feature expressly states otherwise.

Travel times, availability, prices, schedules, weather, external-provider information, and message or transaction status may change. Verify consequential information with the applicable provider.

7. Subscriptions and purchases

Orchi currently offers Premium and Concierge auto-renewable subscription options through Apple's App Store. Available durations, localized prices, taxes, included features, and any introductory offer are displayed in the purchase interface before you confirm a transaction.

Eligible new subscribers who choose a Concierge subscription may be offered a seven-day introductory free trial. Eligibility is determined by Apple, and a person may generally redeem only one introductory offer within the applicable subscription group. Unless cancelled, the selected subscription automatically converts to the standard paid subscription at the end of the trial and renews for the selected billing period.

Payment is charged to your Apple account. Your subscription automatically renews unless you turn off auto-renewal at least as required by Apple before the current period ends. You can manage or cancel the subscription through your Apple account or the App Store subscription-management screen. Apple controls billing, refunds, trial eligibility, renewal timing, and App Store transaction processing under its applicable terms.

Deleting your Orchi account does not cancel an Apple subscription. If you no longer want the subscription, cancel it through Apple separately before or after deleting the account. Deleting an account may remove Orchi's ability to associate remaining subscription time with that deleted account.

Where available, purchase restoration uses the Apple and RevenueCat transaction record associated with your Apple account. Subscription tiers, features, and prices may change prospectively, subject to applicable law and App Store requirements.

8. Acceptable use

You may not:

• use the Service unlawfully or to violate another person's rights;
• access another person's account or data without authorization;
• use Orchi to harass, deceive, exploit, surveil, or harm another person;
• upload malicious code or interfere with the Service;
• probe, reverse engineer, bypass, or defeat security, usage, approval, or access controls except where applicable law expressly permits it;
• use automated means to scrape or overload the Service; or
• use the Service to develop, facilitate, or carry out prohibited or dangerous activity.

We may investigate suspected misuse and suspend or terminate access when reasonably necessary to protect the Service, users, providers, or the public.

9. Ownership

The Service—including its software, design, branding, and non-user content—is owned by Fosh Holdings or its licensors and is protected by intellectual-property laws. Subject to these Terms, Fosh Holdings grants you a personal, limited, revocable, non-exclusive, non-transferable license to use the Service on devices you own or control in accordance with applicable App Store usage rules.

If you provide feedback, you permit us to use it without restriction or compensation, but this does not give us ownership of your personal information or other user content.

10. Account deletion and termination

You may delete your Orchi account through the in-app account-deletion flow. Account deletion is intended to permanently remove the active account and associated personal records and Vault objects, subject to provider backup processes and limited retention permitted or required by law. Account deletion is separate from App Store subscription cancellation.

You may stop using Orchi at any time. We may suspend or terminate access if you materially violate these Terms, create risk or harm, fail to pay applicable charges, or if we are legally required to do so. Sections that by their nature should survive termination—including ownership, disclaimers, limitations of liability, and dispute provisions—will survive.

11. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." FOSH HOLDINGS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR THAT ANY OUTPUT OR EXTERNAL ACTION WILL BE ACCURATE, AVAILABLE, OR SUCCESSFUL.

Some jurisdictions do not allow certain warranty exclusions, so portions of this section may not apply to you. Nothing in these Terms limits non-waivable consumer rights.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOSH HOLDINGS AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR OPPORTUNITIES, ARISING FROM OR RELATING TO THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF FOSH HOLDINGS FOR ALL CLAIMS ARISING FROM OR RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO FOSH HOLDINGS FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM OR (B) USD $100.

These limitations apply only to the extent permitted by applicable law and do not limit liability that cannot legally be limited.

13. Indemnity

To the extent permitted by law, you will defend, indemnify, and hold harmless Fosh Holdings and its affiliates, officers, employees, and contractors from third-party claims, damages, and expenses arising from your unlawful misuse of the Service, your violation of these Terms, or content you provide that infringes another person's rights. This obligation does not apply to the extent a claim results from Fosh Holdings' own conduct.

14. Apple-specific terms

For an iOS application downloaded through the App Store:

• these Terms are between you and Fosh Holdings, not Apple;
• Fosh Holdings, not Apple, is responsible for the Service and its support, subject to these Terms;
• Apple has no obligation to provide maintenance or support for Orchi;
• Apple is not responsible for addressing product, regulatory, privacy, consumer-protection, or intellectual-property claims relating to Orchi;
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce the Apple-specific provisions; and
• your use of Orchi must comply with the App Store Usage Rules and other applicable Apple terms.

To the extent these Terms omit a required minimum term or conflict with a non-waivable App Store requirement, the applicable Apple requirement controls. Apple's Standard Licensed Application End User License Agreement may also apply to the extent incorporated through the App Store.

15. Changes

We may update these Terms as the Service evolves. We will post the updated Terms and change the effective date. If a change is material, we will provide additional notice when required. Your continued use after the updated Terms take effect constitutes acceptance, except where law requires another form of consent.

16. Governing law and disputes

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles, except where the laws of your place of residence provide non-waivable protections. Any permitted court proceeding will be brought in the state or federal courts located in Palm Beach County, Florida, and each party consents to their jurisdiction, except where applicable law allows you to bring a claim elsewhere.

Before filing a claim, you and Fosh Holdings agree to attempt in good faith to resolve it by written notice sent to the contact information below. This section does not prevent either party from seeking emergency injunctive relief or using a small-claims court where eligible.

17. General terms

These Terms and the Privacy Policy are the entire agreement between you and Fosh Holdings concerning the Service unless another written agreement applies. If a provision is unenforceable, it will be modified only as much as necessary and the remaining provisions will remain effective. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a reorganization, financing, merger, acquisition, or sale of assets.

18. Contact

Fosh Holdings LLC
[email protected]
1999 N University Dr, Ste 212
Coral Springs, FL 33071