Terms of Service

1.Acceptance of Terms

By accessing or using the website located at stoneorca.com (the “Website”), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, you must discontinue use of the Website immediately.

These Terms constitute a legally binding agreement between you (“User,” “you,” or “your”) and Stone Orca LLC, a limited liability company registered in the State of Wyoming, United States (“Company,” “we,” “us,” or “our”).

We reserve the right to modify these Terms at any time at our sole discretion. Material changes will take effect upon posting of the revised Terms with an updated “Last Updated” date. Your continued use of the Website following the posting of any changes constitutes acceptance of the modified Terms. It is your responsibility to review these Terms periodically.

2.Scope & Definitions

2.1 Definitions

As used in these Terms, the following capitalised terms have the meanings set forth below:

2.2 Scope of These Terms

These Terms govern your use of the Website only. Any professional services, software development, consulting, technology services, or other engagements provided by Stone Orca LLC are governed exclusively by separate written agreements executed between the parties. Nothing on this Website constitutes an offer, proposal, or commitment to provide Services. In the event of any conflict or inconsistency between these Terms and a separate executed agreement between you and Stone Orca LLC, the terms of the separate agreement shall prevail.

3.Use of the Website

3.1 Permitted Use

The Website is provided for informational and business inquiry purposes. Permitted uses include viewing Content, submitting inquiries through the contact form, and evaluating Stone Orca LLC's capabilities for potential engagement. You agree to use the Website only for lawful purposes and in accordance with these Terms.

3.2 Prohibited Conduct

You agree not to engage in any of the following activities in connection with your use of the Website:

• Attempting to gain unauthorised access to any part of the Website, its servers, databases, or any connected systems or networks.
• Introducing viruses, trojans, worms, logic bombs, malicious code, or any other material that is technologically harmful or disruptive.
• Using automated tools, scripts, bots, scrapers, or crawlers to extract, harvest, or collect Content or data from the Website without prior written authorisation from Stone Orca LLC.
• Reverse engineering, decompiling, disassembling, or otherwise attempting to derive the source code of any software or technology underlying the Website.
• Using the Website for any purpose that is unlawful or prohibited by applicable law or regulation.
• Impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with any person or entity.
• Submitting false, misleading, or fraudulent information through the contact form or any other communication channel provided on the Website.
• Attempting to interfere with, disrupt, or degrade the proper functioning of the Website or its underlying infrastructure.
• Using the Website to conduct competitive intelligence gathering on behalf of a competing entity without disclosure of such purpose.

4.Intellectual Property

All Content, design, code, graphics, logos, trademarks, trade names, taglines, and all other materials displayed on or made available through the Website are the exclusive property of Stone Orca LLC or its licensors and are protected by United States and international intellectual property laws, including but not limited to copyright, trademark, and trade dress protections.

The Stone Orca name, the Stone Orca logo, and the tagline “Mission-Critical Software Engineering” are trademarks of Stone Orca LLC. Unauthorised use of any Stone Orca LLC trademark, trade name, or logo without prior written consent is strictly prohibited.

No licence, right, or interest in any Intellectual Property of Stone Orca LLC is transferred or granted to you by these Terms, whether by implication, estoppel, or otherwise, except the limited, revocable, non-exclusive, non-transferable right to access and view the Website for its intended purpose. All rights not expressly granted herein are reserved by Stone Orca LLC.

5.User Submissions

Any information, inquiries, or materials submitted through the Website contact form or by email to Stone Orca LLC (“Submissions”) are governed by this section. Submissions are not treated as confidential unless a separate written Non-Disclosure Agreement (“NDA”) has been executed between you and Stone Orca LLC.

By submitting content through the Website, you grant Stone Orca LLC a non-exclusive, royalty-free, worldwide right to use such Submissions solely for the purpose of evaluating and responding to your inquiry. This grant does not transfer ownership of any intellectual property rights in your Submissions.

You represent and warrant that any Submissions you make are accurate and complete, do not infringe upon or violate any third-party rights (including intellectual property, privacy, or publicity rights), and do not contain malicious code, unlawful content, or material that is defamatory, obscene, or otherwise objectionable.

This section does not apply to information exchanged under a separate executed agreement between you and Stone Orca LLC. In such cases, the terms of the separate agreement govern.

6.Confidentiality & Sensitive Information

The Website contact form is not designed, cleared, or authorised for the transmission of classified information, Controlled Unclassified Information (CUI), export-controlled data subject to the International Traffic in Arms Regulations (ITAR) or Export Administration Regulations (EAR), or any other information subject to government handling restrictions.

Do not submit classified, CUI, export-controlled, or otherwise sensitive government information through the Website contact form. Stone Orca LLC assumes no liability for any sensitive information submitted through the Website in violation of this provision.

For communications requiring enhanced security, confidentiality protections, or secure transmission channels, contact us at hello@stoneorca.com to arrange appropriate channels prior to any disclosure.

7.Disclaimer of Warranties

THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, COMPLETENESS, AND UNINTERRUPTED AVAILABILITY. STONE ORCA LLC EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

No representation or warranty is made that the Website will be error-free, secure, uninterrupted, or free of viruses, malware, or other harmful components. Any reliance on Content made available through the Website is at your sole risk.

Nothing on this Website constitutes a binding offer, proposal, quotation, or commitment to provide Services. All service engagements require the execution of a separate written agreement between Stone Orca LLC and the client.

8.Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STONE ORCA LLC, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITY, GOODWILL, OR ANTICIPATED SAVINGS, REGARDLESS OF THE LEGAL THEORY UPON WHICH SUCH CLAIM IS BASED (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF STONE ORCA LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL STONE ORCA LLC'S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE EXCEED ONE HUNDRED UNITED STATES DOLLARS (USD $100.00).

Some jurisdictions do not allow the exclusion or limitation of certain categories of damages. In such jurisdictions, the liability of Stone Orca LLC shall be limited to the minimum extent permitted by applicable law.

9.Indemnification

You agree to indemnify, defend, and hold harmless Stone Orca LLC, its members, managers, officers, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and legal costs) arising from or related to:

• Your use of or conduct on the Website.
• Your violation of these Terms or any provision herein.
• Your violation of any applicable law, regulation, or third-party right.
• Any infringement by you of any third-party intellectual property, privacy, publicity, or other proprietary right.
• Any Submissions you make through the Website.

Stone Orca LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims.

10.Third-Party Links & Services

The Website may contain hyperlinks to third-party websites, resources, or services that are not owned or controlled by Stone Orca LLC. These links are provided for convenience and informational purposes only and do not constitute or imply endorsement, affiliation, sponsorship, or responsibility by Stone Orca LLC.

Stone Orca LLC has no control over and assumes no responsibility for the content, privacy policies, security practices, or availability of any third-party websites or resources. Access to and use of any third-party resources linked from the Website is at your sole risk and subject to the terms and conditions of those third-party resources.

11.Availability & Modification

Stone Orca LLC reserves the right to modify, suspend, or discontinue the Website, in whole or in part, at any time and without prior notice or liability. We do not guarantee continuous, uninterrupted, or secure access to the Website. Scheduled or unscheduled maintenance, updates, system changes, or technical issues may affect Website availability.

Stone Orca LLC shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or any part thereof.

12.Export Controls & Sanctions Compliance

You represent and warrant that you are not located in, a national or resident of, or affiliated with any country or territory subject to comprehensive United States sanctions, including but not currently limited to Cuba, Iran, North Korea, Syria, and the Crimea, Donetsk, and Luhansk regions of Ukraine, as designated by the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC).

You agree not to access or use the Website in violation of any applicable export control laws or regulations, including but not limited to the U.S. Export Administration Regulations (EAR) administered by the Bureau of Industry and Security, and the International Traffic in Arms Regulations (ITAR) administered by the Directorate of Defense Trade Controls.

You further represent that you are not listed on, or owned or controlled by any person or entity listed on, any U.S. government restricted or denied party list, including but not limited to the Specially Designated Nationals and Blocked Persons List (SDN List) maintained by OFAC and the Entity List maintained by the Bureau of Industry and Security.

13.Governing Law & Jurisdiction

These Terms and any dispute or claim arising out of or in connection with them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions.

Any legal action or proceeding arising under these Terms shall be brought exclusively in the state and federal courts located in Wyoming, United States, and you hereby irrevocably consent to the personal jurisdiction and venue of such courts.

Notwithstanding the foregoing, mandatory consumer protection provisions applicable in the User's jurisdiction of residence, including but not limited to applicable EU consumer protection law, shall remain unaffected to the extent that such provisions cannot be contractually overridden. Nothing in these Terms is intended to limit any rights you may have under mandatory applicable law.

14.Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable while preserving its original intent. If such modification is not possible, the provision shall be severed from these Terms. The invalidity or unenforceability of any provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect.

15.Waiver

No failure or delay by Stone Orca LLC in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy. No single or partial exercise of any right, power, or remedy shall preclude any further or other exercise thereof or the exercise of any other right, power, or remedy. A waiver of any right or remedy on one occasion shall not be construed as a waiver of that or any other right or remedy on any subsequent occasion.

16.Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Stone Orca LLC with respect to your use of the Website and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written, relating to the Website.

For clarity, these Terms do not constitute the entire agreement with respect to any professional services provided by Stone Orca LLC. Professional services, software development, consulting, and technology engagements are governed exclusively by separate written agreements executed between the parties.

17.Contact

For questions, concerns, or notices regarding these Terms of Service, contact:

Legal notices should be sent via email with “Legal Notice” in the subject line. Notices are deemed received upon confirmed delivery to the email address specified above.