Terms & Conditions

Last updated: December 22, 2025

1. Acceptance of Terms

Orkyd is owned and operated by LarkTek, LLC. By accessing and using Orkyd's flower shop point of sale software platform (the "Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to abide by the above, please do not use this service.

2. Description of Service

Orkyd provides a comprehensive point of sale software platform designed to help flower shops manage their operations, including but not limited to:

  • Order creation and management
  • Customer account management
  • Product and inventory management
  • Financial and billing management
  • Payment processing
  • Document and record keeping
  • Communication and notification systems
  • Reporting and analytics

3. User Accounts and Registration

To access certain features of the Service, you must register for an account. You agree to:

  • Provide accurate, current, and complete information during registration
  • Maintain and update your account information
  • Maintain the security of your password and account
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use of your account

4. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to:

  • Use the Service for any illegal or unauthorized purpose
  • Violate any applicable laws or regulations
  • Infringe on the rights of others
  • Transmit any harmful, threatening, or offensive content
  • Attempt to gain unauthorized access to the Service
  • Interfere with or disrupt the Service or servers
  • Use automated systems to access the Service without permission

5. Data and Privacy

Your privacy is important to us. Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. As a point of sale platform, we handle sensitive customer information and are committed to maintaining the highest standards of data protection.

Security Disclaimer: While we implement comprehensive security measures to protect your data, no method of transmission over the internet or electronic storage is 100% secure. We cannot guarantee absolute security of your information, and you acknowledge and agree that you use our Service and transmit information to us at your own risk.

6. SMS and Text Message Communications

The Service includes features that enable you to send SMS text messages to contacts, clients, and customers. By using these SMS communication features, you acknowledge and agree to the following terms:

User Responsibility and Consent Requirements: You, as the account holder and user of the Service, are solely and exclusively responsible for:

  • Obtaining prior express written consent from each individual recipient before sending any SMS text messages through the Service
  • Maintaining accurate records and documentation of all consents obtained, including the date, time, and method of consent
  • Ensuring all SMS communications comply with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and all applicable federal, state, and local laws and regulations governing SMS communications
  • Providing clear and conspicuous disclosures to recipients about the nature and frequency of text messages they may receive
  • Honoring all opt-out requests promptly and maintaining do-not-contact lists
  • Ensuring that all message content complies with applicable laws and regulations
  • Verifying that recipients have not revoked their consent before sending messages

Compliance with Regulations: You acknowledge that sending unsolicited SMS text messages may result in significant legal liability, including but not limited to statutory damages of $500 to $1,500 per violation under the TCPA, as well as potential class action lawsuits. You are solely responsible for understanding and complying with all applicable regulations governing SMS communications in your jurisdiction.

Indemnification: You agree to defend, indemnify, and hold harmless LarkTek, LLC (doing business as Orkyd), and its officers, directors, employees, agents, licensors, and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, fines, penalties, and expenses (including but not limited to attorney's fees, court costs, settlement amounts, and regulatory penalties) arising from or relating to:

  • Your use of the SMS communication features of the Service
  • Your failure to obtain proper consent from message recipients
  • Any violation of the TCPA, CAN-SPAM Act, or any other applicable law or regulation governing SMS communications
  • Any claims, complaints, or legal actions brought by message recipients or regulatory authorities regarding SMS messages sent through the Service
  • Any government investigations, enforcement actions, or penalties related to your SMS communications

Limitation of Liability: LarkTek, LLC (Orkyd) provides the SMS functionality as a tool for your use, but does not and cannot monitor, verify, or enforce your compliance with consent requirements or applicable regulations. Under no circumstances shall LarkTek, LLC (Orkyd) be liable for any violations, penalties, fines, damages, or other liabilities arising from your use of the SMS features, regardless of whether you obtained proper consent from recipients. You acknowledge and agree that you bear all risk and liability associated with sending SMS messages through the Service.

No Guarantee of Delivery: While we make reasonable efforts to ensure SMS messages are delivered, we do not guarantee delivery, timing, or receipt of any SMS messages. Factors beyond our control, including recipient carrier issues, phone availability, and network conditions, may affect message delivery.

By using the SMS features of the Service, you represent and warrant that you understand these requirements and will comply with all applicable laws and regulations governing SMS communications.

7. Third-Party Integrations

Orkyd allows for the exporting of data to QuickBooks® Online. This integration is provided as a convenience feature to help streamline your accounting processes.

Partnership Disclaimer: Orkyd is not an official partner of QuickBooks® Online. We utilize QuickBooks® Online's publicly available API to provide our customers with the ability to connect their Orkyd accounts to their existing QuickBooks® Online accounts. This integration is provided as a convenience feature and is not endorsed or supported by QuickBooks® Online.

Important Disclaimer: Once data has been exported from Orkyd to QuickBooks® Online or any other third-party service, Orkyd is not responsible for any data integrity, security, accuracy, or availability issues that may occur within those external systems. You acknowledge and agree that:

  • Orkyd has no control over third-party services once data has been exported
  • You are solely responsible for the security and backup of data in external systems
  • Orkyd cannot guarantee the accuracy or completeness of data after export
  • Any issues arising from the use of exported data in third-party systems are not the responsibility of Orkyd

We recommend that you maintain your own backups and verify data accuracy after any export operations.

8. Payment Terms

If you purchase a subscription to our Service:

  • Fees are billed in advance on a monthly or annual basis
  • All fees are non-refundable unless otherwise specified
  • We may change our fees with 30 days' notice
  • You are responsible for all applicable taxes
  • Failure to pay may result in service suspension
  • Additional storage beyond your plan limits will be billed separately at the current storage rates

9. Intellectual Property Rights

The Service and its original content, features, and functionality are owned by LarkTek, LLC and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You retain ownership of any data you input into the Service, but grant us a license to use such data to provide the Service.

Software Licensing: Your use of the Orkyd software is also governed by our End User License Agreement (EULA), which provides additional terms regarding software licensing and usage rights.

10. Service Availability

We strive to maintain high service availability but cannot guarantee uninterrupted access. The Service may be temporarily unavailable due to:

  • Scheduled maintenance
  • System updates
  • Technical difficulties
  • Force majeure events

11. Limitation of Liability

To the maximum extent permitted by law, LarkTek, LLC and Orkyd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Service.

12. Indemnification

You agree to defend, indemnify, and hold harmless LarkTek, LLC, Orkyd, and their officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from your use of the Service or violation of these Terms.

13. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice, for any reason, including breach of these Terms. Upon termination, your right to use the Service will cease immediately.

14. Compliance with Regulations

As a point of sale platform, users must comply with all applicable federal, state, and local regulations governing retail operations, including but not limited to:

  • Sales tax collection and reporting
  • Data protection and privacy laws
  • Financial and billing regulations
  • Payment card industry (PCI) compliance

15. Data Backup and Recovery

While we implement reasonable backup procedures, you are responsible for maintaining your own backups of critical data. We are not liable for any data loss.

16. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify users of any material changes via email or through the Service. Continued use of the Service after such modifications constitutes acceptance of the updated Terms.

17. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Utah, without regard to its conflict of law provisions.

18. Dispute Resolution

Any disputes arising from these Terms or your use of the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

19. Severability

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

20. Contact Information

If you have any questions about these Terms & Conditions, please contact us: