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Effective October 28, 2026

Orca Terms

These Orca Terms apply to Orca, Maxint’s subscription and entitlement service for app developers, including orca.maxint.com, the Orca dashboard, the Orca API, the Orca SDKs, the sandbox and production environments, webhooks, the analytics dashboard, experiments and the Orca MCP server. They add to our Terms of Service, which also apply. If these Orca Terms conflict with the Terms of Service, these Orca Terms control for Orca. If you have signed a separate agreement with Maxint for Orca, such as an order form for the Scale plan, that agreement controls where it conflicts with these Orca Terms.

Our Terms of Service apply to Orca, including the sections on eligibility, intellectual property, disclaimers, limitation of liability, governing law and disputes, changes and contact. These Orca Terms do not repeat them.

1. Definitions

  • Developer means the business or person that creates an Orca account and uses Orca in its own apps. "You" in these Orca Terms means the Developer.
  • App means software you provide to your own customers that uses Orca, on any platform.
  • End User means a person who uses your App.
  • Store means a platform or payment provider through which End Users pay for your App, including the Apple App Store, Google Play, Stripe and GoCardless, and any others Orca supports.
  • Entitlement means a record in Orca of what an End User has access to in your App, derived from purchases Orca validates.
  • Tracked Revenue or MTR (monthly tracked revenue) means the gross subscription and one-time purchase revenue that Orca tracks across all your Stores in a calendar month, in US dollars, before Store commissions and payment-processing fees and net of refunds and chargebacks as section 9 describes, as measured by Orca.
  • SDK means the software libraries Maxint provides for including Orca in your Apps, such as the Swift, Kotlin, Flutter, TypeScript, Tauri and Go SDKs.
  • API Keys means the keys, tokens and other credentials Orca issues for your account, Apps and environments.
  • Sandbox means the Orca environment for testing with test purchases, and Production means the environment that handles real purchases.

2. Your account, team and API Keys

Orca is provided to the Developer that creates an account. Your administrators decide who can join your Orca organization and what each member can do, including through single sign-on where your plan includes it. You are responsible for your members’ use of Orca and their compliance with these Orca Terms.

Keep your API Keys confidential and secure, use them only for your own Apps, and rotate them in the dashboard if you believe they have been exposed. Tell us promptly at security@maxint.com if you believe your API Keys or account have been compromised. You are responsible for all activity under your API Keys. We may rotate or revoke API Keys to protect End Users, other developers or Orca.

3. SDKs

  • License: subject to these Orca Terms, we grant you a non-exclusive, non-transferable, royalty-free license, for as long as you have an Orca account in good standing, to include the SDKs in your Apps and to distribute them to End Users as part of your Apps. This license is the exception to the rule in section 7 of the Terms of Service against sublicensing and distributing the Service.
  • Limits: you may configure the SDKs as their documentation allows, but you may not modify them in ways that change how they report purchases to Orca, remove notices from them, or use them other than to connect your Apps to Orca. Where an SDK is published under an open-source license, that license governs your use of its source code, and these Orca Terms govern your use of Orca through it.
  • Third-party components: open-source components included with the SDKs are licensed under their own terms.
  • Updates: we may release new versions of the SDKs. Keep your Apps on supported versions; section 7 describes how we handle changes that are not backward compatible.

4. Sandbox and Production

Use the Sandbox for development and testing. Sandbox data is test data: we may reset or delete it at any time, it is not covered by any service level, and nothing in the Sandbox is a real purchase or a real Entitlement. Use Production only for real purchases from real End Users. You are responsible for configuring each environment correctly, including which Stores and products it uses.

5. Stores and payment providers

Orca validates purchase receipts and payment events from your Stores and maintains Entitlements based on them. Payments themselves are made through the Stores. Maxint is not a party to your agreements with any Store, to your End Users’ purchases, or to any refund, chargeback, dispute or tax that arises from them. You are responsible for complying with each Store’s program terms and policies, for setting your prices, for taxes on your sales, and for handling refunds, chargebacks and disputes with your End Users and your Stores.

Orca processes the information Stores provide as they provide it. Stores may be delayed, change their systems, revoke or refund purchases, or limit access to their interfaces. We are not responsible for the accuracy or availability of Store information, and an Entitlement may lag or differ from the state of a purchase at a Store until Orca receives updated information. A Store’s listing in Orca does not mean the Store has partnered with, approved or endorsed Maxint or Orca.

6. End-user data and processing

Orca processes information about your End Users on your behalf, such as the app user IDs you assign, purchase receipts, transaction and product IDs, general device information, and the analytics, experiment and MCP server data derived from them. For that information, you are the controller (or business) and Maxint is your processor (or service provider), and our Data Processing Addendum applies and forms part of these Orca Terms. Our current subprocessors are listed on our subprocessors page.

You are responsible for giving End Users the notices, and obtaining the consents, that the law requires for your Apps, including for the data Orca processes and for any experiments you run through Orca. Orca does not collect End Users’ full payment card numbers or banking credentials, and you must not send them to Orca.

7. Webhooks, the API and changes

  • Webhooks: Orca signs the webhooks it sends. You must verify the signature before acting on a webhook, keep your signing secret confidential, and design your App to tolerate duplicate or delayed deliveries.
  • Rate limits: the API and SDKs are subject to the rate limits in the documentation, which we may adjust to protect Orca. Do not attempt to evade them.
  • Changes: we may change the API and SDKs. For a change to a Production API or SDK that is not backward compatible, we will give you at least six months’ notice, and normally 12 months, except where a change is needed for security, to comply with law, or because a Store has changed its interface, in which case we will give as much notice as we reasonably can. You are responsible for keeping your Apps compatible.
  • Beta features: section 10 of the Terms of Service applies to features labeled beta, preview or experimental.
  • MCP server: if you connect AI tools to Orca through the MCP server, section 4 of the Terms of Service applies, and you are responsible for the tools you authorize and the actions they take in your account.

8. Migration and import

Orca can import existing customers, purchases and Entitlements from another provider or from your own systems. You confirm that you have the right to export that data from its source and to give it to Orca, and that doing so does not breach your agreement with the prior provider. We import the data as you provide it and are not responsible for errors in it, for differences between how the prior provider and Orca model purchases, or for Entitlements that cannot be reconstructed from the data provided.

9. Fees and billing

  • Plans: Orca’s plans, their features and their limits are described on the Orca pricing page or in your order form. On the Launch plan, Orca is free up to US$5,000 of Tracked Revenue in a calendar month. On the Growth plan, you pay 0.5% of Tracked Revenue above US$5,000 in each calendar month, with no minimum, flat fee, add-on or cap. Scale plan fees are as stated in your order form.
  • How Tracked Revenue is measured: Orca’s records of validated purchases and payment events determine Tracked Revenue. Revenue in other currencies is converted to US dollars at a commercially reasonable published exchange rate on the day of the purchase. Refunds and chargebacks that Orca receives from a Store reduce Tracked Revenue in the month Orca receives them. You can see and export the Tracked Revenue behind each invoice in the dashboard, and check it against the reports in each Store, which you control.
  • Billing: usage is measured per calendar month in Coordinated Universal Time (UTC) and billed monthly in arrears, in US dollars, through Stripe. You authorize us and Stripe to charge your payment method when each invoice is issued. Commitments on Scale plans are billed as your order form states.
  • Taxes: fees do not include taxes. You are responsible for any sales, use, value-added, goods and services or similar taxes, other than taxes on our income. Where we are required to collect them, we will add them to your invoice.
  • Price changes: we will give you at least 30 days’ notice before we increase a fee or lower the free threshold. The change applies from the first calendar month that starts after the notice period ends. Prices in an order form for a fixed term do not change during that term.
  • Disputes: if you believe an invoice is wrong, tell us at billing@maxint.com within 60 days of the invoice date. We will review Orca’s usage records with you in good faith. Undisputed amounts remain due.
  • Late payment: if an undisputed amount is more than 15 days overdue, we may suspend new Entitlements and purchase validation after giving you at least 10 days’ notice. If it is more than 30 days overdue, we may suspend your API access. Overdue undisputed amounts accrue interest at 1.5% per month, or the highest rate the law allows if that is lower, from the due date until paid.
  • Refunds: except where required by law or as these Orca Terms state, fees are non-refundable, as section 5 of the Terms of Service provides.
  • Migration credit: if you bulk-import existing customers and Entitlements from another provider or your own systems, you pay no Orca fees for your first three calendar months on the Growth plan, as described on the pricing page, starting with the month of your first Production purchase after the import. The credit is available once per organization, has no cash value, cannot be transferred or combined with other credits, and may be withdrawn if the import was made to obtain the credit without a real migration.

10. Service level for the Scale plan

  • Commitment: for Developers on the Scale plan, we commit that the Production entitlement API will be available at least 99.9% of the time in each calendar month, measured as the percentage of minutes in the month in which the Production entitlement API was able to respond to valid requests, as determined from Maxint’s monitoring records, excluding the periods below.
  • Exclusions: scheduled maintenance announced at least 48 hours in advance and limited to 4 hours a month; outages or changes at Stores, payment providers or other third parties; problems caused by your Apps, configuration, network or use in breach of these Orca Terms; suspension under section 12; and events beyond our reasonable control.
  • Service credits: if availability in a month is below 99.9%, you may claim a credit of 10% of the Orca fees attributable to that month (for a prepaid commitment, one-twelfth of the annual fee); below 99.0%, 25%; below 95.0%, 50%. Claim within 30 days after the end of the month by emailing billing@maxint.com with the dates and times of the unavailability. Credits are applied to future invoices, do not exceed the fees for the month concerned, have no cash value, and are not available while any undisputed amount on your account is overdue.
  • Sole remedy: service credits are your sole and exclusive remedy for any failure to meet this commitment. To the extent this section conflicts with section 12 of the Terms of Service, this section controls for the Scale plan. The Sandbox, the dashboard, webhooks and plans other than Scale are not covered by this commitment.

11. Acceptable use for Orca

In addition to the acceptable use rules in our Terms of Service, you may not:

  • use Orca to defraud a Store, a payment provider or End Users, or to validate purchases that you know are fraudulent, forged or revoked;
  • use Orca to circumvent a Store’s rules on in-app purchases, commissions or payment methods, or to misrepresent how an End User paid;
  • evade rate limits, probe other developers’ data, or access Orca through anything other than your own API Keys and the interfaces we document;
  • send Orca data you do not have the right to send, including End Users’ payment card numbers or banking credentials; or
  • use Orca for an App that is unlawful or that breaches the terms of the Stores it is distributed through.

12. Suspension, termination and its effect

Section 11 of the Terms of Service applies to suspension and termination. We may also suspend your access to Orca, or to particular Apps or environments, immediately and without prior notice if we reasonably believe that your use breaches these Orca Terms, puts End Users, Stores or Orca at risk, or is unlawful, if a Store requires it, or for non-payment as described in section 9. Where reasonable, we will tell you why and give you a chance to fix the problem.

When your Orca account ends, the SDK license in section 3 ends for new releases of your Apps, and you must stop using the SDKs in new releases. The license continues for existing releases for 30 days only. During those 30 days, Orca continues to answer Entitlement checks from existing releases and to apply refunds, revocations and expirations it receives from Stores, so your End Users are not cut off while you migrate. This does not apply if your account ended because of non-payment, fraud, a security risk or a legal requirement. After that period, Entitlement checks stop working. You may export your Entitlement and transaction data for 30 days after your account ends, as section 11 of the Terms of Service provides, after which we delete it as described in the Data Processing Addendum. Fees accrued before termination remain due.

13. Liability and indemnity

Sections 12, 13 and 14 of the Terms of Service apply to your use of Orca. In addition to section 14 of the Terms of Service, you will defend and indemnify Maxint and its affiliates, directors, employees and agents against third-party claims, including claims by End Users, Stores, payment providers and regulators, and related losses, damages and reasonable costs, arising from your Apps, your sales to End Users, the data you send to Orca, or your breach of these Orca Terms.

14. Publicity

With your permission, which you can give and withdraw at any time in the dashboard or by emailing legal@maxint.com, we may name you as an Orca customer and use your App’s name and logo to identify it as using Orca, on our website and in our marketing. You grant us a limited license to do so while that permission stands. We will not describe your results without your approval.

15. Survival and contact

Sections 5, 6, 8, 9 (fees accrued), 12 (effect of termination), 13 and this section, and any other provisions that by their nature should survive, survive termination, in addition to the sections listed in section 11 of the Terms of Service. Questions about these Orca Terms: legal@maxint.com. Billing: billing@maxint.com. Security: security@maxint.com. Our postal address is in section 18 of the Terms of Service.