Terms of Service

Last updated: April 1, 2026

1. Acceptance of Terms

By creating an account, clicking “I agree,” or otherwise accessing or using Orqestra by Merlyn Labs (“the Service”), you agree to be bound by these Terms of Service (“Terms”) and our Privacy Policy. If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization to these Terms. If you do not agree, do not use the Service.

2. Description of Service

Orqestra is a software-as-a-service platform that provides governance, monitoring, safety controls, and orchestration for AI agents. The Service may include cloud-managed infrastructure provisioned on your behalf, integrations with third-party AI providers, and related tools and APIs.

3. Eligibility

You must be at least 18 years of age and capable of forming a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements.

4. Accounts and Security

You are responsible for maintaining the confidentiality of your account credentials, API keys, and any secrets stored through the Service. You agree to notify us immediately at support@merlyn-labs.ai of any unauthorized access to your account. You are liable for all activity that occurs under your account.

5. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law or regulation
• Deploy AI agents that generate, store, or distribute illegal content, malware, or spam
• Attempt to gain unauthorized access to our systems, other users' accounts, or third-party systems through the Service
• Interfere with or disrupt the Service, its infrastructure, or other users' use of the Service
• Reverse-engineer, decompile, disassemble, or otherwise attempt to derive source code from the Service
• Resell, sublicense, or redistribute access to the Service without our prior written consent
• Use the Service to circumvent safety controls, policies, or guardrails set by your organization or by law
• Transmit any data through the Service that violates third-party intellectual property rights or privacy rights
• Use cloud-managed infrastructure provisioned by the Service for purposes other than running AI agents managed through Orqestra

We reserve the right to suspend or terminate your account immediately and without notice if we determine, in our sole discretion, that you have violated these restrictions.

6. Subscriptions, Billing, and Payments

The Service offers free and paid subscription plans. By selecting a paid plan, you agree to the following:

• Pricing. Current pricing is displayed on our website and within the Service. Starter plans are $29/month and Pro plans are $99/month. Prices are in US dollars and are subject to change with 30 days' prior notice.
• Billing cycle. Paid plans are billed monthly in advance on the anniversary of your subscription start date. Your payment method will be charged automatically at the beginning of each billing cycle.
• Payment processing. All payments are processed securely through Stripe, Inc. We do not store your full credit card number. By providing payment information, you authorize us and Stripe to charge the applicable fees.
• Cancellation. You may cancel your subscription at any time through your account settings or the Stripe customer portal. Cancellation takes effect at the end of the current billing period. You retain access to paid features until then.
• Refunds. We do not provide prorated refunds for partial billing periods. Refund requests for exceptional circumstances may be submitted to support@merlyn-labs.ai and will be evaluated on a case-by-case basis.
• Failed payments. If a payment fails, we may retry the charge and/or suspend your access to paid features until the outstanding balance is resolved.
• Plan limits. Each plan includes specific usage limits (e.g., number of agents, policies, events). If you exceed your plan's limits, you may be required to upgrade.
• Taxes. Prices do not include applicable taxes. You are responsible for any taxes, duties, or levies imposed by your jurisdiction.

7. Free Tier

The free plan is provided at our discretion and may be modified, limited, or discontinued at any time without notice. We make no guarantees regarding the availability, performance, or uptime of the free tier.

8. AI Agent Risks and Disclaimers

The Service provides tools for governing and monitoring AI agents. You acknowledge and agree that:

• AI outputs are not guaranteed. AI agents connected to or managed through the Service may produce inaccurate, biased, incomplete, or inappropriate outputs. Merlyn Labs does not guarantee the accuracy, reliability, or suitability of any AI-generated content.
• You are responsible for your agents. You are solely responsible for the behavior and outputs of AI agents you deploy, configure, or connect through the Service, including any actions those agents take, data they access, or content they generate.
• Governance tools are aids, not guarantees. Safety policies, guardrails, and monitoring provided by the Service are designed to help reduce risk but do not guarantee that all harmful or unwanted agent behavior will be prevented.
• Third-party AI providers. When you connect third-party AI providers (e.g., OpenAI, Anthropic, Google) through the Service, your use of those providers is governed by their respective terms of service and privacy policies. Merlyn Labs is not responsible for the conduct of third-party AI models or services.
• Cloud-managed infrastructure. Cloud-managed Gateways provisioned by the Service run on third-party infrastructure (DigitalOcean). While we implement security measures including VPC isolation, encryption, and firewall rules, you acknowledge that no system is completely secure.
• Compliance is your responsibility. If your use case requires compliance with specific regulations (e.g., HIPAA, GDPR, EU AI Act), you are responsible for ensuring your configuration and use of the Service meets those requirements.

9. Your Data

You retain all ownership rights to data you submit to the Service (“Your Data”). You grant Merlyn Labs a limited, non-exclusive license to process Your Data solely to provide and improve the Service. We will not sell Your Data or use it to train AI models.

We encrypt sensitive data (such as API keys and runtime secrets) at rest using AES-256 encryption. Conversation data, audit logs, and agent configurations are stored in managed PostgreSQL databases. You may request export or deletion of Your Data by contacting support@merlyn-labs.ai.

10. Intellectual Property

All content, trademarks, logos, source code, and technology comprising the Service are owned by Merlyn Labs or its licensors and are protected by intellectual property laws. Nothing in these Terms grants you any right to use our trademarks or branding.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MERLYN LABS AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL OUR TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO MERLYN LABS IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, INCLUDING BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

12. Indemnification

You agree to indemnify, defend, and hold harmless Merlyn Labs and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) the behavior or outputs of AI agents you deploy through the Service; or (d) your violation of any third-party rights.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MERLYN LABS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE.

14. Termination

We may suspend or terminate your access to the Service immediately and without prior notice if: (a) you violate these Terms; (b) your account is associated with fraudulent or abusive activity; (c) you fail to pay applicable fees; or (d) continued provision of the Service to you is no longer commercially viable.

Upon termination: (a) your right to use the Service ceases immediately; (b) we may delete Your Data after a 30-day grace period; (c) any cloud-managed infrastructure provisioned for your account will be destroyed; and (d) you remain liable for any outstanding fees.

15. Dispute Resolution

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, conducted in Miami, Florida. You agree to waive your right to a jury trial or to participate in a class action.

16. Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

17. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Merlyn Labs regarding the Service and supersede all prior agreements or communications.

18. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by email or through the Service at least 15 days before the changes take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

19. Contact

For questions about these Terms, contact us at support@merlyn-labs.ai.