Terms of Service

1. Acceptance of Terms & Legal Authority

These Terms of Service ("Terms") constitute a legally binding agreement between you (personally or on behalf of the commercial entity you represent, "Customer", "you", or "your") and Orbit Digital ("Orbit", "we", "us", or "our"), operated under Transfortunes LLC.

By accessing our website at https://orbit-digital.io, purchasing an Orbit subscription, booking an implementation package, or using our software and managed services, you represent and warrant that:

• You are at least 18 years of age.
• You have the legal authority to bind yourself or the corporate entity you represent to these Terms.
• All registration, business, and billing information you submit is accurate and complete.
• Your use of the Platform complies with all applicable local, national, and international laws and regulations.

These Terms incorporate by reference our Privacy Policy. In the event of any direct conflict, these Terms of Service shall control.

2. Platform Accounts, Ownership & Security

Account Ownership: The Orbit Digital platform is intended for commercial and business use. The entity or individual whose payment details and corporate email are registered on file is the rightful owner of the Platform Account. In the event of an account ownership dispute, Transfortunes LLC reserves the right to request verifiable government business registration documents or judicial orders to make a final binding determination.

Security & Credentials: You are strictly responsible for maintaining the confidentiality of your login credentials, API tokens, and two-factor authentication (2FA) protocols. You agree to immediately notify Orbit Digital of any unauthorized access or security breach. Orbit Digital is not liable for any losses or damages resulting from compromised credentials under your control.

Sub-Accounts & User Seats: Depending on your subscription tier (Starter: up to 3 seats; Growth: up to 10 seats; Scale: up to 25 seats), you may provision sub-user logins for authorized personnel. You remain responsible for all actions performed under your account and sub-accounts.

3. Orbit Digital Platform Role & Managed Services Scope

Orbit Digital provides SaaS software infrastructure, customer relationship management pipelines, workflow automation tools, and managed setup/implementation services.

Technology Infrastructure Only: Orbit Digital provides the software platform enabling you to manage contacts and automate business communications. We do not initiate, curate, or direct messages to your customers. You and your business remain the sole sender, seller of record, and telemarketer for all customer-facing interactions.

Managed Services: Implementation packages include discovery, pipeline mapping, workflow configuration, and onboarding assistance. Managed support assists with platform setup and optimization but does not constitute legal, tax, or accounting counsel.

4. Telecommunications, SMS & Email Compliance

When using Orbit Digital's communication features (SMS, MMS, email, voice calling, or automations), you agree to strictly comply with all relevant communications laws:

• Prior Express Written Consent: You warrant that you have received verifiable consent before sending any SMS or automated communication. Text message originator opt-in data will not be sold or shared with third parties.
• TCPA, CAN-SPAM & A2P 10DLC: You are solely responsible for maintaining 10DLC registration, Do-Not-Call compliance, and honoring immediate opt-out keywords (e.g., STOP, UNSUBSCRIBE).
• Global Anti-Spam Standards: Compliance with GDPR, CASL (Canada), the Australian Spam Act, and UAE telecommunications regulations where applicable.

Orbit Digital reserves the right to suspend or terminate messaging capabilities if unusually high carrier spam complaint rates or unverified cold outreach are detected.

5. Subscriptions, Pricing, Setup Fees & Usage Billing

Subscription Tiers: Orbit Digital offers tiered plans (Starter: $197/mo; Growth: $397/mo; Scale: $697/mo; Enterprise: custom). Subscriptions are billed in advance on a recurring monthly or annual billing cycle.

Setup & Implementation Fees: Proposed setup fees (Starter: $500; Growth: $1,000; Scale: $2,000) cover discovery, white-glove onboarding, data migration assistance, and workflow setup. Setup fees are one-time charges billed upon commencement of onboarding.

Usage-Based Services: Telephony (voice minutes, phone number rentals), SMS/MMS segments, dedicated email sending, and artificial intelligence token consumption carry volume-based usage charges billed to your account wallet or credit card on file. These charges are not included in the base software subscription fee.

Cancellation: You may cancel your monthly subscription at any time through your workspace settings or by contacting team@orbit-digital.io. Cancellations take effect at the end of the current billing cycle. Past charges are non-refundable unless required by applicable law.

6. Artificial Intelligence Acceptable Use Policy

Orbit Digital incorporates AI tools to generate draft responses, summarize pipeline activity, and optimize workflow automations:

• Human Oversight: AI tools are provided to assist productivity. You are responsible for reviewing AI-drafted messages and verifying factual accuracy before transmitting them to clients.
• No Model Training: Your confidential business data, proprietary pipelines, and client contact information are never used to train generalized public AI foundation models.
• Prohibited Uses: You may not use AI capabilities to generate deceptive content, defamatory materials, medical advice, illegal solicitations, or unauthorized impersonations.

7. Fair Use Policy & Prohibited Conduct

To safeguard the stability, security, and performance of our infrastructure, you agree not to:

• Reverse engineer, decompile, disassemble, or extract source code from the Orbit Digital platform.
• Conduct unauthorized vulnerability assessments, penetration tests, or security probes without prior written consent from Orbit Digital.
• Execute abusive, high-frequency automated API loops that degrade server capacity.
• Upload viruses, malware, trojans, ransomware, or malicious payload scripts.
• Resell or sub-license platform access to direct competitors of Orbit Digital or operate unauthorized white-label spin-offs.

8. Intellectual Property & Customer Data Ownership

Orbit Digital Property: All software code, visual designs, trademarks, service marks, documentation, and underlying systems are the exclusive property of Orbit Digital and Transfortunes LLC.

Customer Data: As between you and Orbit Digital, you retain all intellectual property rights and ownership in your Customer Data. You grant Orbit Digital a limited, non-exclusive license to host, transmit, and process your data strictly to deliver the platform services as outlined herein.

9. Third-Party Integrations & Services

The Platform provides native and API integrations with third-party tools (such as Stripe, Google Workspace, Zapier, and telecom providers). Orbit Digital is not responsible for the uptime, operational policies, pricing changes, or data handling practices of independent third-party services. Your engagement with external providers is governed by their respective terms of service.

10. Disclaimers & "As Is" Warranty

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE ORBIT DIGITAL PLATFORM, SERVICES, AND DOCUMENTATION ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TRANSFORTUNES LLC DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT PLATFORM SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TRANSFORTUNES LLC, ORBIT DIGITAL, OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE PLATFORM. OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY YOU TO ORBIT DIGITAL FOR THE AFFECTED SERVICES IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to defend, indemnify, and hold harmless Transfortunes LLC, Orbit Digital, and their respective officers, directors, and employees from and against any claims, liabilities, damages, judgments, awards, losses, costs, or expenses (including reasonable legal fees) arising out of or relating to: (a) your violation of these Terms; (b) any Customer Data you provide or transmit; (c) your violation of any telecommunications, anti-spam, or consumer protection law; or (d) any dispute between you and your customers.

13. Term & Termination

This agreement remains in effect until your subscription is canceled or terminated. Orbit Digital may suspend or terminate your account immediately upon written notice if you breach these Terms, engage in unlawful messaging, or fail to pay applicable fees. Upon termination, your right to access the platform ceases, and you may request an export of your customer records within thirty (30) days.

14. Dispute Resolution, Mandatory Arbitration & Class Action Waiver

Governing Law: These Terms and any dispute arising out of or related to them shall be governed by and construed in accordance with the laws applicable to commercial contracts of Transfortunes LLC, without regard to conflict of law principles.

Informal Resolution First: Before filing a formal claim, both parties agree to attempt to resolve any controversy through good-faith informal consultation by contacting team@orbit-digital.io.

Binding Arbitration & Class Action Waiver: Any unresolved dispute, claim, or controversy arising out of or relating to these Terms or the breach thereof shall be settled by binding individual arbitration. You and Orbit Digital agree that each may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any class, collective, or representative proceeding.