1. Agreement to Terms
These Terms of Service ("Terms") are a binding agreement between AI Orbit, Inc., a Delaware corporation ("AI-Orbit," "we," "us," "our"), and the individual or entity that registers for or uses the Service ("Customer," "you," "your"). You accept these Terms by clicking "I agree" (or taking a substantially similar affirmative action) when you create an account or subscribe. Your affirmative acceptance is required before you may use the Service. If you are accepting on behalf of an entity, you represent that you have authority to bind that entity, and "you" refers to that entity. If you do not agree, do not use the Service.
We retain a record of your acceptance, including the version of these Terms you accepted and the date and time of acceptance (and, where available, the account identity that accepted), so that the version you agreed to can be identified and proven.
For self-serve customers, these Terms also serve as the subscription agreement and govern your purchase and use of the Service without a separate signed order form. Business customers may also execute our Data Processing Addendum (Section 7) and, where applicable, a separate order form or reseller agreement.
2. Definitions
- "Service" means AI-Orbit's software-as-a-service platform, including the Mercury and Venus tiers and any other tiers, features, or products you subscribe to or access, together with the associated websites, applications, and APIs.
- "Customer Data" means email content, calendar data, contacts, attachments, and other data you connect to, submit to, or generate through the Service.
- "AI Output" means drafts, classifications, summaries, proposed meeting times, and other content the Service generates using artificial intelligence.
- "Documentation" means our published user and product documentation, as updated from time to time.
- "Acceptable Use Policy" or "AUP" means the acceptable use terms incorporated into these Terms under Section 9.
- "DPA" means the AI-Orbit Data Processing Addendum referenced in Section 7.
- "Privacy Policy" means the AI-Orbit Privacy Policy published at ai-orbit.io.
- "Beta Features" means any features, products, or tiers identified as beta, preview, pre-release, evaluation, early access, or similar, as described in Section 6.
- "Order" means the plan selection, checkout, or order form under which you subscribe to the Service.
3. The Service (What It Does and Does Not Do)
The Service connects to your existing email and calendar accounts (Google and Microsoft) and helps you triage email, draft replies in your voice, schedule meetings, and process meeting-summary emails. You acknowledge and agree that:
(a) The Service does NOT record, transcribe, or summarize live meetings. It processes summary emails generated by your own third-party tools.
(b) AI Output is generated automatically and is NOT guaranteed to be accurate, complete, or appropriate. You are responsible for reviewing AI Output. The Service does not send any email or book any meeting without your review and approval, and you remain solely responsible for everything you send, schedule, or act upon. See Section 4 (AI Output).
(c) The Service is a productivity tool and does NOT provide legal, financial, tax, medical, or other professional advice.
(d) Certain features depend on third-party authorizations and security reviews (for example, calendar-write functionality is subject to platform compliance approval) and may not be available in all configurations or time periods.
4. AI Output
AI Output is produced by automated systems, including our AI vendor's models, and may be inaccurate, incomplete, outdated, or otherwise inappropriate for your purpose. AI Output is provided "as is" for your review. You are responsible for reviewing, editing, and approving AI Output before you send, schedule, book, rely on, or otherwise act on it; the Service does not send messages or book meetings without your approval, and a human (you) remains in the loop. AI Output is not professional advice and must not be used as a substitute for the independent judgment of a qualified professional. Given the nature of generative AI, AI Output may be similar to content generated for other users; as between you and us, and subject to Section 8, you may use AI Output you generate through the Service in connection with your permitted use, and you are responsible for it. This Section is consistent with the automated-decision-making and AI section of our Privacy Policy.
5. Subscriptions, Fees, Billing, and Auto-Renewal
- Plans and pricing. The Service is offered in two subscription tiers: Mercury at $39 per user/month, billed annually ($468/user/year); and Venus at $59 per user/month, billed annually ($708/user/year). The features of each tier are described in the Documentation and presented at checkout. Billing is annual only. Pricing is per the plan you select in your Order at checkout and may be updated prospectively for renewal terms.
- Free trial. We offer a 14-day free trial, no credit card required. At the end of the trial, your subscription does NOT begin and you are NOT charged unless you affirmatively elect to subscribe. Because the trial does not auto-convert to a paid plan, no charge occurs without your separate, affirmative purchase.
- Affirmative consent to auto-renewal. Before you are charged, we present the automatic-renewal offer terms - the recurring nature of the subscription, the renewal frequency (annual), the amount to be charged (or the manner in which it is calculated), and how to cancel - and obtain your affirmative consent to those automatic-renewal terms in visual proximity to the offer and separately from your general acceptance of these Terms. We do not charge your payment method until you have given that consent.
- Post-purchase acknowledgment. After you subscribe, we send an acknowledgment to your account email confirming the subscription, the automatic-renewal terms, the renewal date and price, and how to cancel, and we retain a record of your consent.
- Fair-use limits. Subscriptions are subject to fair-use limits of 3,000 emails/month and 300 attachments/month per user. If usage materially and repeatedly exceeds these limits, we may apply reasonable measures, which may include throttling or contacting you to arrange an appropriate plan; we will not impose overage charges without prior notice.
- AUTO-RENEWAL DISCLOSURE. YOUR SUBSCRIPTION AUTOMATICALLY RENEWS. Unless you cancel before the end of the then-current term, your subscription will automatically renew for successive terms of the same length (annually) at the then-current rates, and we (or our payment processor) will charge your payment method on file for each renewal term.
- How to cancel (click to cancel). You may cancel at any time through your account settings using a self-service, online cancellation path ("click to cancel"), or by emailing legal@ai-orbit.io. There is no time limit or window on your ability to cancel; the cancellation path is available at all times for the life of your subscription. If you signed up online, you may cancel online; we will not require you to call, mail a letter, or take any step more burdensome than the steps you used to subscribe. Cancellation stops the NEXT renewal: it takes effect at the end of the then-current term, and you retain access through that term. Cancellation does not, by itself, entitle you to a refund of fees already paid for the current term (for the limited pro-rata refund/credit where AI-Orbit discontinues the paid Service or you terminate for AI-Orbit's uncured material breach, see Sections 6 and 14).
- Renewal and price-change reminders. We will send a reminder to your account email a reasonable time before each renewal (and, where a renewal term, a price change, or applicable law requires a specific notice window, within that window), stating that the subscription will auto-renew, the renewal date, the renewal price (including any change from the prior term's price), and how to cancel.
- No refunds. Except as required by law or as expressly stated in these Terms (including the pro-rata refund/credit in Sections 6 and 14), all fees are non-refundable, including for partial periods, unused access, or cancellation. Cancellation stops future renewals but does not refund the current prepaid term.
- Taxes. Fees are exclusive of taxes; you are responsible for applicable taxes other than taxes on our income.
- Payment. Payments are processed by our third-party processor (Stripe). Failure to pay may result in suspension or termination.
6. Beta / Pre-Release Features
The Service, or parts of it, is currently offered in beta. From time to time we may also offer specific features, products, or tiers identified as Beta Features. Beta Features are provided for evaluation, are pre-release, and are made available "AS IS" and "AS AVAILABLE," without warranty of any kind and with the heightened disclaimers of Section 11 applying with full force. Beta Features:
(a) may contain bugs, errors, or incomplete functionality, and may be less reliable or secure than generally available features;
(b) may be changed, suspended, limited, or discontinued at any time, in whole or in part, without notice; where a Beta Feature is provided at no charge, we may do so without liability to you;
(c) may be subject to additional terms presented at the time of access, which control over these Terms for that Beta Feature to the extent of any conflict; and
(d) are not guaranteed to be released into general availability.
Paid Service during a prepaid term. Notwithstanding the beta status of the Service, if you have prepaid for a subscription term and we discontinue the paid Service (or permanently and materially reduce its core functionality) during that term, we will, at our option, provide you a pro-rata refund or a service credit for the unused portion of the prepaid term. This commitment applies to the paid core Service only; it does not apply to free or optional Beta Features provided at no charge, which we may change, suspend, or discontinue without liability.
You are not required to use Beta Features. If you provide feedback, suggestions, or evaluation results regarding Beta Features or the Service, you grant us the feedback license in Section 15. To the maximum extent permitted by law, our liability for Beta Features is subject to Section 12 and, where a Beta Feature is provided at no charge, is limited to the maximum extent permitted by law.
7. Customer Data; Privacy; AI Processing; DPA
- Your data. As between the parties, you own your Customer Data. You grant us a limited, non-exclusive license to host, copy, process, transmit, and display Customer Data solely to provide, secure, maintain, and improve the Service for you and as described in our Privacy Policy and DPA.
- Your rights and consents in Customer Data. You represent and warrant that you have, and will maintain throughout your use of the Service, all rights, authority, permissions, notices, and consents necessary: (i) to connect your Google, Microsoft, and other accounts to the Service; (ii) to submit and make available all Customer Data, INCLUDING any personal data of third parties (such as your email correspondents and meeting invitees, who have no relationship with AI-Orbit) and any sensitive or special-category personal data that appears in email, calendar entries, contacts, or attachments; and (iii) to authorize AI-Orbit AND its subprocessors (including those listed in Section 8) to access, host, and process that Customer Data to provide the Service as described in these Terms, the Privacy Policy, and the DPA. As between the parties, you are responsible for the lawful basis for the Customer Data you submit. A breach of this representation is subject to the indemnity in Section 13.
- AI processing and NO model training. AI features are powered by our AI vendor (Anthropic's Claude API). We do NOT use your Customer Data to train AI models, and we do NOT permit our AI vendor to use your Customer Data to train its models.
- Privacy Policy. Our handling of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.
- Data Processing Addendum. For business customers, our DPA governs our processing of personal data contained in Customer Data on your behalf, including processor obligations, subprocessor notice and objection, international-transfer mechanisms, and security measures. The DPA is incorporated into and forms part of these Terms where executed or where required by applicable data-protection law; business customers may request and execute the DPA by contacting legal@ai-orbit.io. To the extent the DPA conflicts with these Terms regarding the processing of personal data, the DPA controls.
- Security. We use commercially reasonable technical and organizational measures (including OAuth 2.0, encryption in transit and at rest, access controls and least-privilege, and multi-tenant data isolation). No method of transmission or storage is 100% secure.
8. Third-Party Services and Platform Pass-Through Terms
- Subprocessors and service providers. We use the following vendors to provide the Service, under confidentiality and data-protection obligations: Anthropic (AI processing); Google and Microsoft (email and calendar integration, at your authorization); Heroku (application hosting); Bucketeer (object storage); Neon (database); Vercel (front-end hosting); Stripe (payment processing); and Help Scout (customer support). A current subprocessor list is available on request from legal@ai-orbit.io, and the subprocessor-notice and objection mechanics for business customers are in the DPA.
- Third-party services generally. The Service integrates with third-party services, including Google (Gmail, Google Calendar) and Microsoft (Outlook, Microsoft Graph). Your use of those services is governed by their own terms, and we are not responsible for third-party services, their availability, or their acts or omissions.
- Google API pass-through. Our use and transfer of information received from Google APIs adhere to the Google API Services User Data Policy (https://developers.google.com/terms/api-services-user-data-policy), including the Limited Use requirements, as described in our Privacy Policy. To the extent the Service delivers Google user data to you or your end users, you agree to use it consistent with the Google API Services User Data Policy, and you are responsible for your own Google account, credentials, and compliance with Google's terms.
- Microsoft pass-through. Our use of Microsoft account data accessed via Microsoft Graph is limited to providing and improving the Service and is subject to Microsoft's applicable API and service terms. You are responsible for your own Microsoft account, credentials, and compliance with Microsoft's terms.
- Your responsibility for connected accounts. You are responsible for maintaining your Google, Microsoft, and other connected accounts and for any acts or omissions under those accounts. Your representations and warranties regarding your rights, authority, and consents to connect those accounts and to submit the data in them (including third-party and special-category personal data) are set out in Section 7 (Customer Data) and are backed by the indemnity in Section 13.
9. Acceptable Use
Your use of the Service is governed by the AI-Orbit Acceptable Use Policy ("AUP"), which is incorporated into these Terms by reference and is available at ai-orbit.io. Violation of the AUP is a material breach of these Terms and may result in suspension or termination under Section 14. For convenience, the following core restrictions apply in all cases; the full AUP governs. You will not, and will not permit any user to:
(a) use the Service unlawfully, or to send spam, bulk, or unsolicited messages, or otherwise violate anti-spam laws (including the U.S. CAN-SPAM Act and Canada's CASL), including by using false headers or deceptive subject lines or sending without a lawful basis;
(b) upload or transmit malware, engage in phishing, or attempt to breach, probe, or gain unauthorized access to any system, account, or data;
(c) reverse engineer, decompile, scrape, copy, or create derivative works of the Service, or circumvent usage limits, security, or access controls;
(d) resell, sublicense, or provide the Service to third parties except under a separate written reseller agreement with us;
(e) infringe or misappropriate the intellectual-property, privacy, or other rights of others, or upload content you are not authorized to process;
(f) violate the terms of any integrated platform (Google, Microsoft) or other third-party service;
(g) impersonate any person or misrepresent your affiliation; or
(h) use the Service, or AI Output, to make automated decisions producing legal or similarly significant effects about individuals without meaningful human review, or for high-risk purposes where errors could lead to death, personal injury, or severe harm.
Anti-spam compliance. Because the Service assists you in composing and sending email, you are solely responsible for ensuring that every message you send using the Service complies with all applicable anti-spam and electronic-messaging laws, including the CAN-SPAM Act and CASL - including obtaining any required consent, providing accurate sender and subject information, honoring opt-out requests promptly, and including any required physical address and unsubscribe mechanism. You are the sender of record for all messages you send.
Immediate suspension. We may investigate suspected violations and may suspend or terminate access, remove content, or take other action. Where practical and not legally or operationally prohibited, we will give notice. HOWEVER, we may suspend your account or your sending ability IMMEDIATELY AND WITHOUT PRIOR NOTICE where we reasonably believe there is a security threat, illegal activity, an anti-spam violation, or conduct that places the deliverability, reputation, or availability of the Service or its sending infrastructure at risk. Suspension under this paragraph is not a termination and does not entitle you to a refund; we will restore access promptly once the issue is resolved to our reasonable satisfaction.
10. Accounts and Eligibility
You must provide accurate registration information and keep your credentials secure. You are responsible for all activity under your account. The Service is for business and professional use by users 18 or older; it is not directed to consumers or to anyone in a personal or household capacity. (For clarity, this business-use framing does not change the fact that some privacy laws, including the California Consumer Privacy Act, may still apply to business-context personal information, as described in our Privacy Policy.)
11. Warranties and Disclaimer
THE SERVICE, INCLUDING ALL AI OUTPUT AND ALL BETA FEATURES, IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or secure, that AI Output will be accurate or reliable, or that the Service will meet your requirements. Support is provided on a commercially reasonable, best-effort basis, and we offer no uptime or service-level guarantee. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
12. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND SUBJECT TO THE EXCLUSIONS BELOW:
(a) NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, OR GOODWILL; AND
(b) EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS WILL NOT EXCEED THE FEES PAID OR PAYABLE BY YOU TO AI-ORBIT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Exclusions from BOTH the cap and the damages waiver. The limitations in clause (a) AND clause (b) above do NOT apply to, and the following are excluded from both the consequential-damages waiver and the liability cap:
(i) Customer's payment obligations;
(ii) Customer's breach of Section 9 (Acceptable Use) or the AUP;
(iii) either party's breach of its confidentiality obligations under Section 23;
(iv) either party's indemnification obligations under Section 13;
(v) either party's breach of its privacy, data-protection, or data-security obligations, including any personal-data breach - and, for the avoidance of doubt, this exclusion reaches personal-data matters governed by the Privacy Policy or the DPA, notwithstanding Section 23, so that a breach of personal data is not routed back under the general cap in clause (b); and
(vi) either party's gross negligence, willful misconduct, or fraud.
(c) DATA-BREACH SUPER-CAP. Notwithstanding the exclusion in clause (v) above, AI-ORBIT'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO A PERSONAL-DATA BREACH CAUSED BY AI-ORBIT, OR AI-ORBIT'S BREACH OF ITS PRIVACY, DATA-PROTECTION, OR DATA-SECURITY OBLIGATIONS, WILL NOT EXCEED THREE (3) TIMES THE FEES PAID OR PAYABLE BY YOU TO AI-ORBIT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. This super-cap replaces the general cap in clause (b) for those claims; it does not apply to, and no cap applies to, AI-Orbit's gross negligence, willful misconduct, or fraud under clause (vi). For clarity, the consequential-damages waiver in clause (a) does not apply to claims subject to this super-cap.
These limitations apply regardless of the theory of liability and even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
13. Indemnification
13.1 Your indemnity. You will defend, indemnify, and hold harmless AI-Orbit and its officers, directors, employees, and agents from and against third-party claims, and related losses, damages, and reasonable costs (including reasonable attorneys' fees), arising out of or relating to: (a) your Customer Data; (b) your breach of the representations and warranties in Section 7 (including your rights, authority, notices, and consents to connect accounts and to submit Customer Data and third-party and special-category personal data, and to authorize its processing by AI-Orbit and its subprocessors); (c) your use of the Service in violation of these Terms or law; or (d) your breach of Section 9 (Acceptable Use) or the AUP.
13.2 Our intellectual-property indemnity. If you are a paid subscriber, we will defend you against a third-party claim alleging that the Service, as provided by us and used by you in accordance with these Terms, directly infringes that third party's United States patent, copyright, trademark, or trade secret, and we will pay damages finally awarded against you, or amounts in a settlement we approve, for that claim.
Our remedies. If the Service becomes, or in our reasonable opinion is likely to become, the subject of such a claim, we may at our option and expense: (a) procure the right for you to continue using the Service; (b) modify or replace the affected functionality so that it is non-infringing while remaining materially equivalent; or (c) if neither (a) nor (b) is commercially reasonable, terminate the affected subscription on notice and refund the prepaid, unused portion of your then-current term on a pro-rata basis. This is our entire liability and your exclusive remedy for intellectual-property infringement.
Exclusions. We have no obligation under this Section 13.2 to the extent a claim arises from: (a) Customer Data or any content, data, or materials you provide; (b) combination of the Service with products, services, hardware, software, or data not supplied by us, where the claim would not have arisen but for the combination; (c) modification of the Service by anyone other than us; (d) your continued use of an allegedly infringing version after we have made a non-infringing version available to you; (e) your use of the Service in violation of these Terms, the AUP, or law; (f) free or optional Beta Features, or any Service provided at no charge; or (g) third-party services, including Google, Microsoft, and other integrated platforms, which are governed by their own terms.
CAP ON OUR INDEMNITY. NOTWITHSTANDING SECTION 12(iv), AI-ORBIT'S TOTAL AGGREGATE LIABILITY UNDER THIS SECTION 13.2, INCLUDING DEFENSE COSTS, DAMAGES, AND SETTLEMENT AMOUNTS, WILL NOT EXCEED THE FEES PAID OR PAYABLE BY YOU TO AI-ORBIT IN THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM WAS FIRST ASSERTED.
13.3 Indemnification procedure. The indemnified party will (a) promptly notify the indemnifying party in writing of the claim (a delay does not relieve the indemnifying party except to the extent it is prejudiced); (b) give the indemnifying party sole control of the defense and settlement, except that any settlement imposing a non-monetary obligation or an admission of liability on, or that does not fully release, the indemnified party requires that party's prior written consent (not to be unreasonably withheld or delayed); and (c) provide reasonable cooperation at the indemnifying party's expense.
14. Term, Termination, Data Export and Deletion
These Terms apply while you use the Service. Either party may terminate for material breach not cured within thirty (30) days after written notice. We may suspend or terminate immediately for non-payment, security risk, or violation of Section 9 or the AUP.
- Refund on AI-Orbit's uncured breach or discontinuance. If you terminate because AI-Orbit has materially breached these Terms and has not cured within the 30-day cure period, or if AI-Orbit discontinues the paid Service under Section 6 during your prepaid term, AI-Orbit will refund, or issue a service credit for, the prepaid, unused portion of your then-current term on a pro-rata basis. Except as stated here and in Sections 6 and 13.2, fees remain non-refundable under Section 5.
- Data export. For thirty (30) days after termination or expiration, you may export your Customer Data using the Service's export functionality (or, where that is not feasible, by requesting it from support via ai-orbit.io).
- Deletion / return. We will delete or de-identify Customer Data within thirty (30) days after the end of that export window, and in all cases on the timeline stated in our Privacy Policy (Section 9) and, for business customers, the DPA, except as required to be retained by law.
On termination, your right to use the Service ends. Sections that by their nature should survive will survive as set out in Section 22.
15. Intellectual Property
The Service, software, and all related intellectual property are owned by AI-Orbit and its licensors. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service during your subscription, subject to these Terms. You retain ownership of your Customer Data. If you provide feedback, suggestions, or ideas about the Service (including about Beta Features), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use them without restriction or obligation to you; this feedback license does NOT extend to your Customer Data or your Confidential Information, which remain governed by Sections 7 and 23 even if referenced in a feedback submission.
16. Governing Law and Venue
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-laws rules. Subject to Section 17 (Dispute Resolution), the parties consent to exclusive jurisdiction and venue in the state courts located in Indian River County, Florida, and the United States District Court for the Southern District of Florida, Fort Pierce Division, and waive objections to such venue.
17. Dispute Resolution; Binding Arbitration; Class Waiver; Jury-Trial Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO SUE IN COURT AND TO HAVE A JURY TRIAL.
17.1 Informal resolution. Before commencing any proceeding, the parties will attempt in good faith to resolve the dispute informally by contacting us at legal@ai-orbit.io; each party will give the other at least thirty (30) days to resolve the matter.
17.2 Binding arbitration. If the dispute is not resolved, it will be finally resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, before a single arbitrator. The seat/location of arbitration is Indian River County, Florida (hearings may be held remotely). The arbitrator will apply Florida substantive law. Judgment on the award may be entered in the courts identified in Section 16.
17.3 Class waiver. ALL DISPUTES WILL BE ARBITRATED ON AN INDIVIDUAL BASIS ONLY. YOU AND AI-ORBIT WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE PROCEEDING.
17.4 Jury-trial waiver. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND AI-ORBIT EACH WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.
17.5 Small-claims carve-out. Either party may bring an individual claim in a small-claims court of competent jurisdiction instead of arbitration, so long as the matter stays in that court and proceeds on an individual (non-class) basis.
17.6 Equitable-relief carve-out. Either party may bring a claim in the courts identified in Section 16 for (a) injunctive or equitable relief relating to intellectual-property infringement or misuse of confidential information, or (b) to compel arbitration or enforce an award.
17.7 30-DAY RIGHT TO OPT OUT. You may opt out of this Section 17 (arbitration, class waiver, and jury-trial waiver) by sending written notice to legal@ai-orbit.io within thirty (30) days after you first accept these Terms. The notice must state your name, account email, and a clear statement that you opt out of arbitration. If you opt out, disputes will be resolved in the courts identified in Section 16, and the rest of these Terms still apply.
17.8 Delegation. Except as stated in this Section 17.8, the arbitrator - and not any court - has exclusive authority to resolve any dispute about the interpretation, applicability, enforceability, or formation of this Section 17 and the arbitration agreement, including any claim that all or any part of it is void or voidable. Notwithstanding the foregoing, a court of competent jurisdiction (and not the arbitrator) will decide (a) the enforceability of the class-action waiver in Section 17.3, and (b) the applicability of the small-claims and equitable-relief carve-outs in Sections 17.5 and 17.6.
18. Notices
Notices to AI-Orbit must be sent to legal@ai-orbit.io, with a copy to AI Orbit, Inc., 601 21st Street, Suite 300, Attn: Focustar Advisors, Vero Beach, FL 32960, United States. Notices to you may be sent to the contact information on your account or provided in-app; you are responsible for keeping your account contact information current. Notice is effective when sent to the applicable email address or, for in-app notices, when posted.
19. Changes to the Service and Terms
We may modify the Service and these Terms. For material changes to these Terms, we will provide notice (for example, by email or in-app), and the material changes take effect at your next renewal term (or as otherwise stated in the notice, but not earlier than the notice period required by applicable law). Continued use after the effective date of a change constitutes acceptance. Changes do not apply to any dispute for which a proceeding has been filed or that has otherwise accrued before the change's effective date, and any change to Section 17 (Dispute Resolution) does not apply to disputes that accrued before the change took effect. We may modify, suspend, or discontinue features (including Beta Features) as described in these Terms.
20. Compliance: Export Control, Sanctions, Anti-Corruption, and U.S. Government Rights
- Export control and sanctions. You will comply with all applicable export-control and economic-sanctions laws, including those of the United States. You represent that you are not located in, organized under the laws of, or ordinarily resident in a country or region subject to comprehensive U.S. sanctions, and that you are not on any U.S. government restricted-party list (including the OFAC Specially Designated Nationals list). You will not access, use, export, re-export, or transfer the Service in violation of those laws.
- Anti-corruption. You will comply with all applicable anti-corruption and anti-bribery laws, including the U.S. Foreign Corrupt Practices Act. You will not offer, promise, or give any improper payment or benefit in connection with the Service.
- U.S. government end users. The Service and Documentation are "commercial computer software" and "commercial computer software documentation." Any use, duplication, or disclosure by the U.S. government is subject to the restrictions in FAR 12.212 and DFARS 227.7202, as applicable, and the government acquires only the rights granted to other end users under these Terms.
21. Publicity
Unless you opt out by notice to legal@ai-orbit.io, we may identify you as a customer and use your name and logo in our customer lists and marketing materials, consistent with any brand guidelines you provide. We will stop upon your written request. Any other publicity referencing a party requires that party's prior written consent.
22. Survival
The following survive termination or expiration of these Terms, along with any other provision that by its nature should survive: Section 2 (Definitions), Section 4 (AI Output, as to prior Output), Section 5 (accrued payment and no-refund obligations), Section 7 (data ownership; Customer Data representations; deletion), Section 8 (as to accrued matters), Section 9 and the AUP (as to prior use), Section 11 (Disclaimer), Section 12 (Limitation of Liability), Section 13 (Indemnification), Section 14 (Refund on breach/discontinuance; Data Export and Deletion), Section 15 (Intellectual Property; feedback license), Section 16 (Governing Law and Venue), Section 17 (Dispute Resolution), Section 20 (Compliance), Section 23 (Confidentiality, as to existing Confidential Information), and Section 24 (General).
23. Confidentiality
Each party will protect the other's non-public information disclosed in connection with the Service ("Confidential Information") with reasonable care, use it only to perform under these Terms, and not disclose it except to those who need to know and are bound by similar obligations. Confidential Information excludes information that is or becomes public through no fault of the receiver, is independently developed without use of the discloser's information, or is rightfully received from a third party. This Section does not limit the Privacy Policy or DPA, which govern personal data; and nothing in this Section narrows the exclusions from the Section 12 limitation of liability, including the exclusion in Section 12(v) for breaches of privacy, data-protection, or data-security obligations (which reaches personal-data breaches even though personal data is governed by the Privacy Policy and DPA), as further limited by the data-breach super-cap in Section 12(c).
24. General
- Entire agreement / no reliance. These Terms (with the Privacy Policy, DPA, AUP, and any Order or plan selection) are the entire agreement and supersede all prior or contemporaneous statements. You have not relied on any representation, promise, or statement not expressly set out in these Terms.
- Order of precedence. If there is a conflict, the following order controls, from highest: an executed order form or reseller agreement; the DPA (as to processing of personal data); the Privacy Policy (as to descriptions of personal-data practices and notices); these Terms; the AUP; and the Documentation.
- No waiver; severability. Failure to enforce is not a waiver. If any provision is held unenforceable, it is severed (or limited to the minimum extent necessary) and the rest remains in effect; provided that if the class waiver in Section 17.3 is held unenforceable, Section 17 (arbitration) will not apply to that dispute.
- Assignment. You may not assign these Terms without our consent, except that you may assign these Terms in their entirety to a successor in connection with a merger, acquisition, or sale of all or substantially all of your assets, on notice to us; we may assign to an affiliate or in connection with a merger, acquisition, or sale of assets. These Terms bind permitted successors and assigns.
- Force majeure. Neither party is liable for delays or failures due to events beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, governmental action, internet or utility failures, and third-party service outages.
- Relationship. The parties are independent contractors; nothing creates a partnership, agency, or employment relationship.
- Third-party beneficiaries. There are no third-party beneficiaries of these Terms.
Contact: AI Orbit, Inc. - legal@ai-orbit.io - support via ai-orbit.io - james@ai-orbit.io
