Effective date: August 7, 2026 · Last updated: August 7, 2026
These Terms of Service (these “Terms“) are an agreement between you and Orchard Careers Inc (“Orchard,” “we,” “us,” “our“) governing your access to and use of the Orchard platform and website (the “Services“).
By creating an account or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
If you access Orchard through a school or district, different terms apply. Where a school, district, or other educational institution (“School“) provisions or authorizes your account, the Terms of Service for Schools and Districts govern, together with any agreement signed by that School. These consumer Terms do not apply to School-provisioned accounts or student data.
Your use of the Services is also governed by our Privacy Policy.
Minimum age. You must be at least 13 years old to create an account.
Users under 18. If you are under 18, you must have permission from a parent or legal guardian, and they must review and agree to these Terms with you. By using the Services, you represent that you have that permission.
Parents and guardians may contact us at [email protected] to review, correct, or delete their child’s information, or to close the account.
Individual educator accounts are not School accounts. A teacher, counselor, administrator, or other school or district staff member who signs up through a self-service account holds it for individual personal use only. Self-service accounts cannot create student accounts and cannot be used to enroll, roster, invite, or provision students, and are not granted access to organization-level functionality such as School dashboards, rosters, cohort reporting, or administrative exports. School deployment requires a School agreement with Orchard.
You own your content. You retain all rights in the content you create or submit through the Services — your assessment responses, action plans, saved careers, messages to Orchie, and anything else you provide (“Your Content“).
The limited licence you give us. You grant Orchard a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, process, transmit, and display Your Content solely to operate, secure, support, and improve the Services for you. This licence exists only so that we can run the product, and it ends when you delete Your Content or close your account, except for content retained in encrypted backups on our standard rotation or where law requires retention.
What we will not do. We will not sell, publish, broadcast, license to third parties, or use Your Content for advertising or other commercial purposes unrelated to providing the Services. We claim no rights in your name, image, or voice.
Feedback. If you send us suggestions or ideas about the Services, we may use them without obligation to you. This applies to product feedback only and does not extend to Your Content.
Testimonials. We will not use your name, likeness, or content in marketing without your separate, specific, written permission.
The Services and all software, career content, video, assessments, scoring methodology (including the Career Readiness Index), curriculum, text, graphics, trademarks, and logos are owned by Orchard or its licensors.
We grant you a personal, non-exclusive, non-transferable, revocable licence to access and use the Services for your own non-commercial use. You may not:
Do not:
We may suspend or terminate accounts that violate this Section. Where practical and lawful, we will tell you why and give you a chance to respond.
The Services include Orchie, an AI career companion, and AI-assisted search and recommendations.
Orchard may in future offer features that let you discover programs from third-party partners — for example extracurricular programs, summer camps, training providers, and post-secondary education options. Partners may pay Orchard in connection with being featured.
This functionality is not currently offered. When it launches:
We will update these Terms and the Privacy Policy with notice before this functionality takes effect.
The Services may link to third-party websites and content we do not control. We are not responsible for them, and a link is not an endorsement. Your use of a third-party site is governed by that site’s terms and privacy policy.
By you. Close your account at any time in your account settings or by writing to [email protected].
By us. We may suspend or terminate your account if you materially breach these Terms, if your use creates a security or legal risk, or if we discontinue the Services. Except where a serious violation or legal requirement makes it impractical, we will give you reasonable notice and an opportunity to export Your Content.
On termination. Your licence to use the Services ends. We will delete your personal information as described in the Privacy Policy — no longer than three (3) months past termination, absent a legal requirement. If you have paid for a term that has not expired and we terminate you without cause, we will refund the unused portion.
Sections 5, 6, 12, 13, 14, and 15 survive termination.
The Services are provided “as is” and “as available.” To the fullest extent permitted by law, Orchard disclaims implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the Services will be uninterrupted, secure, or error-free, or that career information, labor-market data, program information, or AI-generated content will be accurate, complete, or current.
Some jurisdictions do not allow the exclusion of certain warranties. In those places, some of the above may not apply to you, and you may have additional rights.
To the fullest extent permitted by law:
These limits do not apply to liability that cannot be excluded or limited by law, including liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation.
Some jurisdictions do not allow these limitations. In those places, some of the above may not apply to you, and you may have additional rights.
You agree to indemnify and hold harmless Orchard from third-party claims arising out of (a) your violation of these Terms, (b) your misuse of the Services, or (c) your violation of another person’s rights — except to the extent the claim arises from Orchard’s own negligence or misconduct.
This Section does not apply to the extent you are a consumer and applicable law limits or prohibits such an obligation, and it does not apply to users under 18.
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.
It requires most disputes between you and Orchard to be resolved by individual binding arbitration rather than in court, and it waives your right to a jury trial and to participate in a class action.
You can opt out. If you do not want to be bound by arbitration, you may opt out within 30 days of first accepting these Terms by following the simple steps in Section 15.6. Opting out will not affect your access to the Services in any way.
These Terms are governed by the laws of the State of Tennessee, without regard to conflict-of-laws principles. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions in this Section.
Nothing in this Section deprives you of the protection of the mandatory consumer-protection laws of the place where you live.
Most problems can be resolved quickly and without formal process. Before starting an arbitration or filing a claim, you agree to first send a written Notice of Dispute to [email protected] describing the problem, what you have tried, and the relief you are seeking. If Orchard has a dispute with you, we will send an equivalent notice to your account email.
The parties will make a good-faith effort to resolve the dispute for sixty (60) days after the notice is received. Either party may request an informal phone or video conference during that period. This step is a condition precedent to starting arbitration, and any applicable statute of limitations is tolled while it runs.
If the dispute is not resolved under Section 15.2, you and Orchard agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services — including their formation, interpretation, breach, or termination, and including claims that arose before you accepted these Terms — will be resolved by binding individual arbitration rather than in court, except as stated in Section 15.5.
Arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (and, where applicable, its Mass Arbitration Supplementary Rules), as modified by this Section. The rules are available at adr.org or by calling 1-800-778-7879.
The arbitrator has exclusive authority to resolve questions of arbitrability, including whether this Section is enforceable as to a particular claim — except that a court, not an arbitrator, decides whether the class action waiver in Section 15.7 is enforceable.
This Section does not apply to, and either party may bring in court:
Filing a claim in one of these categories does not waive either party’s right to arbitrate other disputes.
You may opt out of this arbitration agreement. Send an email to [email protected] with the subject line “Arbitration Opt-Out”, including your name and the email address on your account, within thirty (30) days of the date you first accepted these Terms (or, for a change to this Section, within 30 days of the notice described in Section 15.10).
That is all that is required. Opting out will not affect your account, your access to the Services, or anything else. If you opt out, disputes will be resolved in court under Section 15.11.
You and Orchard each waive the right to a jury trial and agree to bring claims only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, coordinated, or representative proceeding. The arbitrator may not consolidate claims of more than one person or preside over any form of representative proceeding.
Mass filings. If 25 or more similar claims are filed against Orchard by or with the assistance of the same counsel or coordinated group, the parties will cooperate with the AAA to apply its Mass Arbitration Supplementary Rules, including bellwether procedures and any applicable batching of filing fees. Any applicable statute of limitations is tolled for claims awaiting their turn in a batch.
If the class action waiver in Section 15.7 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed from the arbitration and brought in the courts identified in Section 15.11, while all other claims proceed in arbitration. If any other part of this Section is found unenforceable, the remainder stays in effect.
If you are under 18, the parent or legal guardian who agreed to these Terms with you under Section 2 agrees to this Section on your behalf and on their own behalf. Nothing in this Section limits any right of a minor that cannot be waived under applicable law.
If we materially change this Section 15, we will notify you at least thirty (30) days in advance. You may reject the change by sending an “Arbitration Opt-Out” email as described in Section 15.6 within 30 days of that notice, in which case the version of this Section in effect immediately before the change will continue to apply to you. Changes do not apply to disputes for which a Notice of Dispute was already sent.
For any dispute not subject to arbitration — including disputes brought by anyone who has opted out under Section 15.6 — the state and federal courts located in Williamson County, Tennessee have jurisdiction, and you and Orchard consent to that venue, except where applicable law gives you the right to bring a claim in the courts where you live, in which case that right is preserved.
Any claim must be brought within one (1) year after it arises, or within the period applicable law requires if that period is longer and cannot be shortened by agreement.
We may update these Terms. We will change the “Last updated” date above.
For material changes — including any that reduce your rights or launch partner and sponsored content as described in Section 9 — we will give you at least thirty (30) days’ notice by email or through the Services before they take effect. Changes are not retroactive. If you do not agree, you may close your account before the change takes effect, and we will refund any unused prepaid portion.
Orchard Careers Inc
2000 Mallory Lane, Suite 290 #1442
Franklin, TN 37067
Support and legal inquiries: [email protected]
Schools and districts should direct inquiries to their designated Orchard contact. See the Terms of Service for Schools and Districts.