Privacy Policy & Terms- for Waitlist

1. Definitions & Interpretations

In these Terms and Privacy Policy (the “Agreement”), the following capitalized terms shall have the meanings set forth below. Any reference to the singular includes the plural and vice versa, and any reference to one gender includes all genders. Headings are for convenience only and shall not affect interpretation.

  • “Orchidium,” “we,” “us,” or “our” means Orchidium Group, Inc., a Delaware corporation, including its parents, subsidiaries, and affiliates.

  • “Participant,” “you,” or “your” means any individual or entity that completes the waitlist registration form to receive the sign‑up credit and become eligible for the prize drawing.

  • “Promotion” means the offer described herein whereby Participants automatically receive a one‑time, non‑refundable credit (the “Sign‑Up Credit”) upon registration and are entered into a random drawing for a cash prize (the “Prize”) in the amount of Five Thousand U.S. Dollars (US $5,000).

  • “Sign‑Up Credit” refers to the one‑hundred U.S. Dollar (US $100) credit provisionally applied to a Participant’s account, subject to the conditions and timing set forth in Section 4 below.

  • “Prize” means the single cash award of US $5,000, to be awarded randomly among Participants in accordance with the Promotion mechanics detailed herein.

  • “Launch” means the date on which Orchidium both commences service offerings and publicly announces via email and a prominent notice on the Waitlist Form page that those services are live…

  • “Qualifying State” means any U.S. state in which Orchidium has officially commenced operations following Launch.

  • “Personal Data” means any information that you provide during registration, including but not limited to name, email address, phone number, company name, state of operation, and mailing address.

  • “Privacy Policy” refers to Section 6 of this Agreement, which describes our collection, use, and disclosure of Personal Data.

  • “Terms” refers to Sections 1 through 11 of this Agreement, including all amendments, modifications, and related policies incorporated herein by reference.

  • “YouTube Channel,” “Website,” and “Waitlist Form” collectively refer to any and all digital interfaces by which you sign up for the Promotion, including but not limited to this waitlist and any related landing pages, forms, or microsites.

Unless otherwise expressly provided, any reference to “days” shall mean calendar days. Headings and captions are included for reference only and shall not affect the construction or interpretation of this Agreement. Any term not defined in this Section shall have the meaning given to it elsewhere in this Agreement or, if not defined herein, the meaning commonly understood in the trade.

2. Eligibility & Enrollment

Orchidium’s waitlist Promotion is open exclusively to individuals or entities that meet the following criteria at the time of registration (each, an “Eligible Participant”). By enrolling, you represent and warrant that you satisfy all eligibility requirements.

  • U.S. Property Manager Status. You must be a bona fide property manager or management company operating in the United States, duly licensed (if required) and actively managing residential or commercial real estate on behalf of third‑party owners. Registrations from brokers, agents, landlords, tenants, or other parties not fitting this description will be deemed ineligible.

  • Age and Legal Capacity. You must be at least eighteen (18) years of age at the time of registration and possess the legal capacity to enter into binding contracts under applicable law. By submitting your information, you affirm that you are of legal age and fully authorized to participate.

  • Accurate Information. You agree to provide true, accurate, current, and complete information in all required fields of the Waitlist Form, including your full legal name, business name, primary state of operation, valid email address, and contact phone number. Failure to provide accurate or complete information may result in disqualification or delayed fulfillment of any payments or credits.

  • One Entry Per Manager. Each Eligible Participant may submit only one registration. Duplicate or multiple registrations, whether by the same individual or at the same business address, will be disqualified. Orchidium reserves the right to verify any Participant’s eligibility by checking public records, contacting licensing authorities, or requesting proof of licensure or business registration.

  • No Purchase Necessary. There is no purchase requirement to join the waitlist, and no fee of any kind is charged to register. Enrollment constitutes your full and unconditional agreement to these Terms and to Orchidium’s Privacy Policy.

Enrollment Procedure. To enroll in the Promotion, Eligible Participants must:

1. Visit the Waitlist Form page on our Website.

2. Complete all mandatory fields, including name, business name, state of operation, email address, and phone number.

3. Review and accept these Terms and the accompanying Privacy Policy.

4. Click “Submit” to complete registration.

Upon successful submission, you will receive an on‑screen confirmation message acknowledging receipt of your enrollment. This confirmation does not guarantee immediate receipt of the Sign‑Up Credit or Prize; all disbursements remain subject to the conditions and timing described in Sections 4 and 5.

Orchidium reserves the right, in its sole discretion, to refuse participation or to disqualify any registration that it believes does not comply with these Eligibility & Enrollment requirements or that involves tampering, fraud, or unfair practices intended to bypass these Terms.

3. Promotion Mechanics

Upon successful enrollment, each Eligible Participant will automatically receive one (1) entry into the Promotion’s random drawing for the Prize and will be provisionally credited the one‑time Sign‑Up Credit. No additional action is required beyond submitting the fully completed Waitlist Form and accepting these Terms.

3.1 Prize Drawing Date & Method. The random drawing for the $5,000 Prize will be conducted by using certified random‑number–generation software. The drawing date will be publicly posted on the Waitlist page at least ten (10) days in advance. Odds of winning depend on the total number of valid entries received; each Eligible Participant is limited to one (1) entry.

3.2 Notification & Claim Process. Winners will be notified via the email address provided on their Waitlist Form within five (5) business days following the drawing. To claim the Prize, a winner must respond to the notification within ten (10) business days and complete any required verification (including proof of property‑management status in the Qualifying State). If a winner does not respond or fails verification within the specified timeframe, the Prize will be forfeited.

3.3 Use of Sign‑Up Credit. The $100 Sign‑Up Credit will be applied to each Eligible Participant’s Orchidium account, subject to the conditions and timing described in Section 4 below. Although visible in your account dashboard immediately upon registration, the credit may not be withdrawn or redeemed until Orchidium has officially launched services in your stated Qualifying State and you have an active account in good standing.

These Promotion Mechanics govern only the process for entry, drawing, and notification; all payment timing and Launch contingencies are detailed in Sections 4 and 5. Orchidium reserves the right to audit entries for compliance, disqualify suspicious or fraudulent registrations, and modify drawing procedures to ensure fairness and integrity.

4. Payment Terms & Timing

4.1 Conditional Credit & Prize Fulfillment. Notwithstanding any provision herein, the Sign‑Up Credit and any Prize awarded under this Promotion are subject to Orchidium’s successful Launch of its property‑management partnership services in your stated Qualifying State. You acknowledge and agree that neither the Sign‑Up Credit nor Prize amounts are guaranteed until such Launch occurs.

4.2 Sign‑Up Credit Application. Upon verification of your eligibility (Section 2) and Orchidium’s Launch in your Qualifying State (Section 5), Orchidium will apply the one‑time Sign‑Up Credit of US $100 to your Orchidium account. The credit will automatically offset any fees or charges incurred for Orchidium services once you become an active account holder post‑Launch.

4.3 Prize Payment Schedule. For each Qualifying State, Orchidium’s administrator will conduct the Prize drawing (Section 3) within thirty (30) days of Launch. Prize winners will be notified as provided in Section 3.2 but will receive actual Prize disbursement only after completing all verification steps and Orchidium’s establishment of operational capability in the Qualifying State. Orchidium anticipates processing Prize payments within sixty (60) days following verification, but you agree that this timing is an estimate and not a guarantee.

4.4 Verification & Account Standing. Prior to issuing any credit or Prize payment, Orchidium reserves the right to:

a) Verify your status as a bona fide property manager operating in the Qualifying State;

b) Confirm that your Orchidium account is active and in good standing (i.e., no cancellation, suspension, or breach of these Terms); and

c) Require completion of any tax or compliance documentation, including but not limited to IRS Form W‑9 for U.S. federal tax reporting.

4.5 Failure to Launch. In the event that Orchidium does not Launch services in your Qualifying State within eighteen (6) months of your registration date, you will forfeit all rights to the Sign‑Up Credit and any Prize, and Orchidium shall have no further obligation to issue payment. No further notice will be provided.

4.6 Payment Methods. All credits and Prize payments will be disbursed via electronic funds transfer (ACH) to the bank account you designate during the verification process, or via check mailed to your verified business address if electronic transfer is unavailable. You are solely responsible for ensuring that your bank account information is accurate and complete; any fees assessed by your financial institution for receiving funds shall be your responsibility.

4.7 Tax Reporting and Withholding. Orchidium will report all payments to the IRS as required by law. Prize payments in excess of US $600 may be subject to federal income tax reporting on Form 1099‑MISC or other applicable forms. Orchidium reserves the right to withhold any taxes or fees as required by federal, state, or local law before disbursing payment.

4.8 No Liability for Delays. You agree that Orchidium shall not be liable for any delays in Launch, verification, or payment processing, whether caused by technical issues, regulatory approvals, force majeure events, or other circumstances beyond Orchidium’s reasonable control.

By registering for the waitlist and accepting these Terms, you expressly acknowledge and accept the above Payment Terms & Timing. Continuous eligibility for payment is contingent upon compliance with all sections of these Terms, including but not limited to the Eligibility & Enrollment, Promotion Mechanics, and Launch Contingency provisions.

5. Launch Contingency Clause

5.1 Condition Precedent to Payment. You expressly acknowledge that all obligations of Orchidium to provide the Sign‑Up Credit and any Prize are expressly conditioned upon Orchidium’s successful Launch of its property‑management partnership services in your stated Qualifying State. Until such time as Orchidium has announced and effectuated Launch in that state, no credits or cash payments shall be due or payable.

5.2 Definition of Launch. For the purposes of this Agreement, “Launch” shall be deemed to have occurred on the date on which Orchidium publicly announces, via its official communication channels (including email to Participants and a prominent notice on the Waitlist Form page), that it has commenced active service offerings to property managers in the applicable Qualifying State.

5.3 State‑By‑State Rollout. Orchidium’s expansion into additional U.S. states shall proceed at its sole discretion and may occur in phases, regions, or individual states based on strategic, regulatory, or operational considerations. The timing, order, and manner of such rollouts may be modified by Orchidium at any time and without prior notice.

5.4 Notification of Delay or Cancellation. In the event that Orchidium elects to delay or indefinitely postpone Launch in any Qualifying State, Orchidium may, but shall not be obligated to, notify affected Participants via email. Any such notification shall not constitute an admission of liability or create any additional rights to payment.

5.5 Forfeiture of Rights. If Orchidium has not effectuated Launch in your Qualifying State within eighteen (6) months of your registration date, you shall forfeit all rights to the Sign‑Up Credit and any Prize, and Orchidium shall have no further liability or obligation to you under this Promotion or these Terms.

5.6 Modification of Launch Criteria. Orchidium reserves the unilateral right to amend the criteria or definition of “Launch” (including the scope of services offered) to reflect evolving business needs or regulatory requirements, provided that such amendments shall not invalidate previously completed Launch events or retroactively affect payments already disbursed.

5.7 No Guarantee of Service Availability. Participation in the Promotion does not entitle you to any guarantee of service availability, priority, or special treatment once Orchidium has Launched in your state. All service offerings and account activations remain subject to Orchidium’s standard onboarding procedures, terms of service, and operational capacity.

By enrolling in the waitlist and accepting these Terms, you confirm your understanding that no part of the Promotion is guaranteed until Orchidium has Launched services in your state, and you willingly accept the risks associated with any delay or non‑Launch.

6. Use & Disclosure of Personal Data

6.1 Collection of Personal Data. In order to administer the Promotion and communicate with Participants, Orchidium collects Personal Data you provide via the Waitlist Form, including but not limited to your full name, business name, primary state of operation, email address, phone number, mailing address, and any optional demographic or professional information you choose to submit.

6.2 Primary Uses. We use your Personal Data to:

a) Verify your eligibility and administer Promotion mechanics (e.g., applying Sign‑Up Credits, conducting Prize drawings, processing payments);

b) Notify you of drawing results, Launch announcements, service availability, and important program updates;

c) Provide customer support and respond to your inquiries or disputes;

d) Improve our services, user experience, and marketing outreach by analyzing engagement metrics and feedback;

e) Comply with legal and regulatory obligations, including tax reporting and anti‑fraud measures; and

f) Enforce our Terms, protect our rights, and prevent misuse of the Promotion or our platform.

6.3 Disclosure to Service Providers. We may share your Personal Data with trusted third‑party service providers who perform functions on our behalf—such as payment processors, email and SMS communications platforms, data‑hosting services, analytics providers, and independent Prize‑drawing administrators—solely to the extent necessary for them to carry out these services under confidentiality obligations.

6.4 Legal Disclosures. Orchidium may disclose your Personal Data without notice if required to do so by law or legal process (e.g., subpoena, court order), to protect the safety, rights, or property of Orchidium or others, or if we believe in good faith that such disclosure is necessary to investigate fraud, enforce our Terms, or comply with a governmental request.

6.5 Marketing Communications. By registering for the waitlist, you consent to receive occasional marketing emails, newsletters, and promotional offers from Orchidium. You may opt out of non‑transactional communications at any time by clicking the “unsubscribe” link included in our emails or contacting us directly. Please note that opting out of marketing communications will not affect our ability to send you transactional or service‑related messages about the Promotion or your account status.

6.6 Data Retention. We retain your Personal Data for as long as necessary to fulfill the purposes outlined in this Section 6, comply with our legal obligations (including tax and accounting requirements), resolve disputes, enforce our agreements, and improve our services. If you wish to request deletion of your data, please contact us using the information in Section 11 below; we will respond in accordance with applicable law.

6.7 Your Data Rights. Depending on your jurisdiction, you may have rights to access, correct, delete, or restrict the processing of your Personal Data. To exercise these rights, contact us at the address provided in Section 11. We will honor your request to the extent required by law and may ask you to verify your identity before processing any request.

6.8 Security Measures. We implement and maintain commercially reasonable administrative, technical, and physical safeguards designed to protect your Personal Data from unauthorized access, use, or disclosure. However, no security system is impenetrable; you acknowledge and accept that we cannot guarantee absolute data security.

6.9 International Transfers. Your Personal Data may be transferred to—and processed in—countries other than your own. By providing your information, you consent to such transfers in accordance with applicable data‑protection laws. We take steps to ensure that any international transfers comply with legal requirements and maintain an adequate level of data protection.

By enrolling and providing your Personal Data, you acknowledge and agree to the collection, use, and disclosure practices described in this Section 6. Continuous participation in the Promotion requires your acceptance of these practices.

7. Privacy & Security Practices

Orchidium employs comprehensive administrative, technical, and physical safeguards to protect your Personal Data:

  • Access Controls. Only authorized personnel with a legitimate business need may access your data. All staff and contractors are bound by strict confidentiality obligations.

  • Data Encryption. We use industry-standard TLS/SSL encryption for data in transit and AES-256 (or equivalent) encryption for data at rest to prevent unauthorized interception or access.

  • Secure Infrastructure. Our servers are housed in SSAE-18/SOC-2 certified data centers featuring multi-layer physical security (24/7 monitoring, biometric access controls, fire suppression, and environmental controls).

  • Vulnerability Management. We conduct regular security audits, penetration tests, and vulnerability scans. Patches and updates are applied promptly to address known risks.

  • Incident Response. In the event of a data breach or security incident, we follow a documented incident-response plan: contain the incident, assess its scope, notify affected individuals and regulators as required, and implement corrective measures.

  • Third-Party Compliance. All vendors who process your data on our behalf—such as payment processors, hosting providers, and communications platforms—must adhere to contractual data-protection standards equivalent to ours, undergo due-diligence reviews, and submit to periodic security assessments.

  • User Responsibilities. You agree to safeguard any credentials we provide (e.g., passwords), notify us immediately if you suspect unauthorized access, and keep your own systems (browsers, devices, antivirus) up to date.

  • Data Retention & Disposal. We retain Personal Data only as long as necessary to fulfill the purposes described in Section 6, comply with legal requirements, and resolve disputes. When data is no longer needed, we securely delete or anonymize it using industry-standard methods.

  • Continuous Improvement. Security is an ongoing priority. We review and enhance our practices regularly to address emerging threats and evolving regulatory obligations. Any material updates to our security measures will be reflected in an amended version of this section on the Waitlist page.

By participating in the Promotion, you acknowledge these practices and consent to our handling of your Personal Data as described.

8. Modifications & Cancellations

8.1 Right to Amend. Orchidium reserves the unilateral right to modify, suspend, or terminate the Promotion—or any aspect thereof—including these Terms, the Privacy Policy, the Sign‑Up Credit amount, Prize details, eligibility criteria, drawing dates, payment methods, or Launch schedule—at any time and for any reason. Such amendments may be made without prior notice to Participants, though Orchidium may elect to provide notice via email or a prominent update on the Waitlist Form page.

8.2 Effective Date of Changes. Any changes to these Terms will be effective immediately upon posting on the Waitlist Form page (or upon sending notice by email), unless otherwise specified. Your continued participation in the waitlist after the effective date of any amendment constitutes your acceptance of the revised Terms.

8.3 Cancellation of Promotion. Orchidium may, in its sole discretion, cancel the Promotion at any time and for any reason, including but not limited to technical failures, regulatory developments, insufficient Participants, or unforeseen circumstances affecting the integrity or administration of the Promotion. In the event of cancellation, Orchidium shall have no obligation to award the Sign‑Up Credit or Prize unless and until Orchidium announces a new Launch date and revised Promotion terms.

8.4 Notification of Material Modifications. For any material modifications—such as changes to payment timing, Eligibility requirements, Prize amount, or Launch contingencies—Orchidium will endeavor to notify all registered Participants via the email address on file at least ten (10) days prior to implementation. However, failure to receive such notice shall not invalidate any amendment or excuse compliance with the updated Terms.

8.5 Participant Options Upon Amendment or Cancellation. If you object to any amendment or decide not to participate under revised Terms, you may withdraw from the waitlist by sending an email to [chethan@orchidiumgroup.com] with the subject line “Waitlist Withdrawal.” Such withdrawal must be received before the effective date of the amendment; thereafter, you will no longer be eligible for the Sign‑Up Credit or Prize.

8.6 No Liability for Modifications. You agree that Orchidium, its affiliates, and service providers shall have no liability for any modification, suspension, or cancellation of the Promotion, nor for any loss or damage purportedly arising from such actions.

By enrolling in the waitlist, you acknowledge and accept Orchidium’s rights under this Modifications & Cancellations clause and your limited remedies in the event of any amendment or cancellation.

9. Limitation of Liability & Disclaimers

To the fullest extent permitted by applicable law, you agree that Orchidium, its affiliates, officers, directors, employees, agents, and service providers (collectively “Orchidium Parties”) shall not be liable for any indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to lost profits, loss of business or goodwill, or loss of data, arising out of or in connection with your participation in the Promotion, regardless of whether such damages were foreseeable and whether Orchidium was advised of the possibility of such damages.

9.1 Maximum Liability Cap. In no event shall the total aggregate liability of the Orchidium Parties for all claims arising under or relating to these Terms—including any dispute concerning the existence, validity, interpretation, performance, or termination thereof—exceed the total dollar amount of Sign‑Up Credits and Prizes actually paid or payable to you under this Promotion.

9.2 No Warranty. ALL PROMOTION MATERIALS, DRAWINGS, CREDITS, AND PRIZES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY WHATSOEVER, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON‑INFRINGEMENT. ORCHIDIUM DOES NOT WARRANT THAT THE PROMOTION OR ANY ORCHIDIUM WEBSITE OR SYSTEMS WILL BE UNINTERRUPTED, ERROR‑FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

9.3 Force Majeure. Orchidium shall not be responsible or liable for any failure to fulfill its obligations under these Terms or to conduct the Promotion in accordance with these Terms if such failure is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, civil unrest, strikes or labor disputes, governmental acts or regulations, power failures, cyber‑attacks, or telecommunications or network failures.

9.4 No Endorsement. Reference to any third‑party product, service, or website in connection with the Promotion does not constitute or imply endorsement by Orchidium. You acknowledge and agree that any dealings with third parties are solely between you and the third party, and Orchidium disclaims all liability arising from such dealings.

9.5 Release. By participating in the Promotion, you hereby release and hold harmless the Orchidium Parties from and against any and all claims, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to your participation in the Promotion, your acceptance or use of any Sign‑Up Credit or Prize, or any breach of these Terms by you.

10. Governing Law & Dispute Resolution

10.1 Governing Law. This Agreement and any Non‑Transactional Communications arising out of or related to your participation in the Promotion shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts‑of‑law principles.

10.2 Venue and Jurisdiction. Except as otherwise agreed in writing, any dispute, claim, or controversy arising out of or relating to this Agreement, including its formation, interpretation, performance, or termination, shall be brought exclusively in the state or federal courts located in New Castle County, Delaware. You and Orchidium hereby irrevocably submit to the personal jurisdiction of such courts and waive any objections to venue or inconvenient forum.

10.3 Informal Resolution. Before initiating any formal legal action, you agree to first contact Orchidium at the address in Section 11 to attempt to resolve the dispute informally. You may email your dispute notice to chethan@orchidiumgroup.com with the subject line “Promotion Dispute.”

10.4 Arbitration. To the fullest extent permitted by applicable law, any dispute that cannot be resolved informally within thirty (30) days shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules. The arbitration shall take place in Wilmington, Delaware, before a single arbitrator mutually agreed upon by the parties. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

10.5 Arbitration Procedures. The arbitration shall be conducted in English. Each party shall bear its own attorneys’ fees and costs, except that the arbitrator may, in the award, allocate costs and fees as permitted by the AAA rules or applicable law. The arbitrator’s decision shall be final and binding on both parties.

10.6 Exceptions to Arbitration. Either party may seek interim or preliminary injunctive relief in a court of competent jurisdiction to protect its confidential information or intellectual property rights without waiving the right to arbitrate other disputes.

10.7 Class Action Waiver. You and Orchidium agree that any arbitration or proceeding will be conducted solely on an individual basis. Neither you nor Orchidium shall be entitled to join or consolidate claims by or against other persons or entities or to participate in any class‑action, representative, or collective proceeding.

10.8 Severability. If any provision of this Governing Law & Dispute Resolution section is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect and shall be interpreted to implement the intent of the original provision to the fullest extent permitted by law. Continuous participation in the waitlist constitutes your agreement to these dispute‑resolution procedures.

11. Contact Information

If you have any questions, concerns, or requests regarding these Terms or the Privacy Policy—or if you wish to exercise any of your data‑privacy rights or withdraw from the waitlist—please contact us using the information below:

Orchidium Group, Inc.

Email: chethan@orchidiumgroup.com

Please allow up to ten (10) business days for a response to inquiries related to waitlist enrollment, payment status, data‑privacy requests, or any other issues pertaining to this Promotion. Continuous participation in the waitlist constitutes your agreement to the methods of contact and communication described herein.