Terms of Service
- Effective date:
- October 1, 2026
- Version:
- 2026-10-01
These Terms of Service ("Terms") form a legally binding agreement between you and Orbit Technologies, LLC, a Louisiana limited liability company ("Orbit," "we," "us," or "our"). They govern your access to and use of goorbit.app, the Orbit web application, client portals hosted by Orbit (including portals served on a customer's custom domain), share links, emails, APIs, and all related features and services (together, the "Services").
Company: Orbit Technologies, LLC
Address: 627 Opelousas Ave STE 71290, New Orleans, LA 70114
Contact: hello@goorbit.app
Our Privacy Policy explains how we handle personal information and is part of these Terms. If you have signed an order form, enterprise agreement or Data Processing Addendum ("DPA") with us, that document controls over these Terms where the two conflict.
PLEASE READ SECTION 22 CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION AND WAIVES CLASS ACTIONS, UNLESS YOU OPT OUT WITHIN 30 DAYS.
1. Accepting these Terms
1.1 You accept these Terms when you (a) check the box or click the button indicating acceptance, (b) create a workspace or account, (c) accept an invitation, sign in with a one-time code or magic link, or open a portal or share link, or (d) otherwise access or use the Services. If you do not agree, do not use the Services.
1.2 Business use only. The Services are built for businesses, agencies, and professionals. They are not offered for personal, family, or household use. By using the Services you confirm you are using them for business purposes.
1.3 Authority. If you accept these Terms on behalf of a company or other organization, you confirm that you have authority to bind it, and "you" means that organization as well as you.
1.4 Age. You must be at least 18 years old, or the age of legal majority where you live, to use the Services.
1.5 United States only. The Services are available only to businesses located in the United States. You confirm that your business is located in the United States. You won't use the Services to process personal data that is subject to the EU or UK General Data Protection Regulation or Swiss data-protection law unless we've agreed to it in writing.
2. Key definitions
- Customer (or "Agency"): the business that creates an Orbit workspace and subscribes to a plan.
- Workspace: the Customer's Orbit environment, including its client portals, library, team, and settings.
- Team Members: people the Customer invites to its workspace as staff (for example, Owners, Operators, editors). Team Members use paid seats.
- Client Users: people the Customer invites to a client portal (for example, as an Approver, Reviewer, or Viewer). Client Users do not use paid seats.
- Authorized Users: Team Members and Client Users together.
- Customer Content: everything uploaded to, created in, or submitted through the Services by or for a Customer or its Authorized Users. This includes videos, raw footage, photos, graphics, documents, and other files; comments, timecode and pin annotations, approvals, and version history; requests, chat messages, reactions, and attachments; reports; and client and contact information.
- Plan: the subscription tier and add-ons the Customer has purchased, as described on our pricing page or in an order form.
3. Workspaces, roles, and responsibilities
3.1 The Customer controls its workspace. The workspace Owner, and anyone the Owner gives administrative rights, controls who is invited and what they can access. This covers team roles, client portals, portal roles, share links, branding, and billing. Actions taken by administrators are actions of the Customer.
3.2 Client Users. If you access Orbit as a Client User, you do so at the invitation of a Customer. Your access, and the content you can see, is decided by that Customer, not by Orbit. The Customer is responsible for its relationship with you, including any agreement about the work being reviewed. Questions about portal content, approvals, or removing your access should go to the Customer that invited you.
3.3 Customer responsibility for Authorized Users. The Customer is responsible for its Authorized Users' compliance with these Terms and for all activity in its workspace. The Customer must have a lawful basis, and any required notices or consents, to share its clients' and contacts' personal information with Orbit.
3.4 Account security. Keep your login codes, passwords, and devices secure. Do not share accounts; each Team Member needs their own seat. Tell us promptly at hello@goorbit.app if you suspect unauthorized access. We are not responsible for losses caused by credentials, one-time codes, or links that you or your Authorized Users disclose.
3.5 Links and invitations. Orbit may provide invitation links, magic links, one-time codes, and share links. Anyone holding an active link may be able to access what it opens until the link expires or is revoked. You are responsible for how you share them. Where your Plan offers password protection or expiry for share links, we recommend using them for sensitive material.
3.6 Accuracy. You agree to give accurate account and billing information and to keep it up to date.
4. Customer Content
4.1 You own your content. As between you and Orbit, the Customer (and its licensors) keeps all rights, title, and interest in Customer Content. Orbit claims no ownership of it.
4.2 Limited license to Orbit. You grant Orbit a worldwide, non-exclusive, royalty-free license to host, store, copy, process, transcode, generate previews and thumbnails of, transmit, and display Customer Content, only as needed to:
(a) provide, maintain, and secure the Services for you;
(b) prevent or address technical, security, or support issues;
(c) comply with law; and
(d) enforce these Terms.
We may extend this license to our service providers (sub-processors) only so that they can perform these tasks for us. This license ends when the content is deleted from the Services, except for residual copies in backups, which are overwritten on their normal cycle (see Section 13).
4.3 No AI training on your content. Orbit does not use Customer Content to train or fine-tune artificial-intelligence or machine-learning models, whether our own or anyone else's. See Section 8.
4.4 Your responsibility for content. You are solely responsible for Customer Content. You confirm that you have all rights, licenses, releases, and consents needed to upload it, share it with the people you invite, and have Orbit process it as described in these Terms. This includes likeness, music, and location releases, and permission from your clients. Orbit does not pre-screen content and has no obligation to monitor it, but we may remove or restrict content that we reasonably believe violates these Terms or the law.
4.5 Not a backup or archive service. The Services are a collaboration and delivery tool. They are not a primary backup or long-term archive. You must keep your own copies of original files and project data. Orbit is not responsible for loss of Customer Content except as caused by our breach of these Terms, and even then only subject to Section 19.
4.6 Aggregated data. We may collect and use aggregated or de-identified usage metrics, such as counts of uploads, storage used, feature usage, and performance data, to operate, secure, and improve the Services. This data does not identify you, your clients, or any individual, and does not include the substance of Customer Content.
4.7 Feedback. If you send us ideas or suggestions, we may use them without restriction or payment. This gives us no rights in your Customer Content.
5. Restricted data: no health, payment-card, or special-category data
5.1 Orbit is not designed or certified to store regulated sensitive data. You must not upload or submit through the Services:
(a) protected health information (PHI) under HIPAA, or any other patient health records. Orbit is not a HIPAA business associate and will not sign a Business Associate Agreement;
(b) payment-card numbers, bank-account credentials, or government identification numbers (such as Social Security or passport numbers);
(c) biometric identifiers, or "special category" or "sensitive" personal data under the GDPR or U.S. state privacy laws, unless your content necessarily and incidentally contains it and you have all required consents;
(d) information about children under 13, other than incidental appearance in creative media for which you hold parental consent and releases.
5.2 Healthcare and other regulated clients. If your clients are healthcare providers or other regulated businesses, you may use Orbit for marketing and creative content (for example, promotional videos and social graphics). You must make sure that no patient information or other restricted data is uploaded, commented on, or discussed in chat. You are responsible for any restricted data submitted in breach of this Section 5, and Orbit may delete it without notice.
6. Acceptable use
You and your Authorized Users must not, and must not help anyone else to:
- break any law or regulation, or infringe or misappropriate anyone's intellectual-property, publicity, or privacy rights;
- upload, store, or distribute content that is unlawful, defamatory, harassing, hateful, sexually exploitative of minors, non-consensual intimate imagery, or that promotes violence or terrorism;
- upload malware or harmful code, or use the Services to send spam, phishing, or unsolicited bulk messages;
- access or attempt to access another workspace, account, portal, or data without authorization, or probe, scan, or test the vulnerability of the Services outside a program we approve in writing;
- bypass or interfere with security, access controls, tenant isolation, rate limits, storage quotas, seat limits, or usage limits;
- overload or disrupt the Services, including through automated traffic, scraping, crawling, or bulk extraction not provided through our official features or API;
- use the Services as a general file-hosting, content-delivery, or public streaming service unrelated to review, approval, and delivery with your clients (for example, hot-linking files into public websites at volume);
- resell, sublicense, or provide the Services to third parties as a service bureau, except for giving your own clients access to their portals;
- copy, modify, reverse engineer, decompile, or create derivative works of the Services, except where the law expressly allows it despite this restriction;
- use the Services, or information from them, to build or benchmark a competing product;
- misrepresent your identity, or use Orbit branding in a way that suggests endorsement without our permission;
- use the Services in violation of export-control or sanctions laws (see Section 21).
We may investigate suspected violations and cooperate with law enforcement. Violations may lead to removal of content and to suspension or termination under Section 15.
7. Plans, storage, seats, and limits
7.1 Plans. Each Plan includes the seats, storage, maximum file size, and features shown on the pricing page or in your order form at the time of purchase. Client Users are free and do not count as seats. We may reasonably limit the number of client portals or Client Users where needed to prevent abuse or protect the Services.
7.2 Add-ons. You may buy extra seats and extra storage as add-ons where offered. Each extra seat currently includes additional storage as described on the pricing page. Add-ons follow the billing interval of your Plan.
7.3 What happens at your storage limit. Storage used counts all files in your workspace, including earlier versions and items in the trash until they are permanently deleted.
(a) At 80% of your allowance, we will notify workspace administrators in the app and by email.
(b) At 100%, new uploads are paused. Everything already stored stays viewable, shareable, and downloadable, and your clients keep full access to their portals.
(c) To resume uploads, upgrade your Plan, buy extra storage, or delete files.
(d) Orbit will never delete Customer Content because you reached a storage limit.
If a workspace stays over its allowance for more than 30 days, we may contact you to agree next steps. We will not delete content for this reason without first giving you written notice and a reasonable chance to export it.
7.4 File size. Uploads above your Plan's maximum file size will be rejected before upload.
7.5 Seat limits. Invitations are blocked once all seats are in use. Add a seat or upgrade to invite more Team Members. Each Plan has a maximum number of seats; above that, you must move to a higher Plan or Enterprise.
7.6 Legacy, founding, and complimentary plans. Customers on earlier pricing, founding, or complimentary plans keep the terms we confirmed to them in writing for as long as they stay continuously subscribed on that plan. If a legacy customer changes Plan, current pricing applies. Complimentary or discounted periods end on the date we told you. After that, the subscription continues at the then-current list price unless you cancel first.
7.7 Beta features. Features labeled beta, preview, early access, or similar are provided as-is, may change or be withdrawn at any time, and are excluded from any service commitment.
7.8 Changes to the Services. We continually improve Orbit and may add, change, or remove features. If we remove a feature that is material to your paid Plan, we will give you reasonable notice. If the change materially reduces the Plan, you may cancel and receive a pro-rated refund of any prepaid fees for the remaining term.
8. AI features
8.1 No training. Orbit does not use Customer Content to train or fine-tune AI or machine-learning models. This applies to our own models and to third-party models.
8.2 Optional AI features. Orbit may offer optional AI-assisted features, such as summaries, recaps, or search. When you use them, relevant Customer Content is sent to a third-party AI provider that processes it only to return results to you, under contractual terms that prohibit using it for model training. Where a feature is available, a workspace administrator can choose whether to enable it.
8.3 Output. AI-generated output may be inaccurate or incomplete. Review it before relying on it or sharing it. You are responsible for how you use AI output.
9. Free trials
9.1 New workspaces may start with a 14-day free trial. A valid payment method is required to start it.
9.2 Unless you cancel before the trial ends, your subscription starts automatically and your payment method is charged the price of the Plan and billing interval you selected. We will show the trial end date and price at signup and in Settings → Billing. Where required by law, we will remind you before the first charge.
9.3 You can cancel during the trial in Settings → Billing and will not be charged.
9.4 We may limit trials to one per business, and may end or refuse trials that we reasonably believe are being abused.
9.5 Unfinished trials. If a trial workspace never becomes a paid subscription, we may delete it and its content after the retention period in Section 13.
10. Fees, billing, and auto-renewal
10.1 Fees. You agree to pay the fees for your Plan and add-ons as shown at checkout or on your order form. All fees are in U.S. dollars unless stated otherwise.
10.2 Payment processing. Payments are processed by Stripe. Depending on your location, Stripe or one of its affiliates may act as the reseller or merchant of record for your purchase. In that case, Stripe's applicable terms also apply to the payment transaction, and Stripe may appear on your statement or invoice. Orbit does not store full card numbers.
10.3 Automatic renewal. Subscriptions renew automatically at the end of each billing period (monthly or annually, as you choose) for the same length of time. They renew at the then-current price for your Plan and add-ons unless you cancel before the renewal date. You authorize us, and our payment processor, to charge your payment method on file for each renewal.
10.4 Renewal reminders. For annual subscriptions, we will email a reminder before renewal. Where state law requires it (for example, California's Automatic Renewal Law), we will also send other required notices, including before a free trial or promotional price converts to a paid subscription.
10.5 Price changes. We may change prices for future billing periods. We will give you at least 30 days' notice by email or in the app. A price change applies from your next renewal after the notice period. If you do not agree, you may cancel before it takes effect.
10.6 Changing Plans.
(a) Upgrades, including adding seats or storage, take effect immediately. You will be charged a pro-rated amount for the rest of the current billing period.
(b) Downgrades, removing add-ons, and switching from annual to monthly billing take effect at the end of the current billing period, with no refund or credit for the current period.
(c) You cannot downgrade below what you are currently using (for example, seats in use). You may need to remove Team Members or files first.
10.7 Taxes. Fees exclude taxes. You are responsible for sales, use, value-added, and similar taxes, which will be calculated and shown at checkout or on your invoice where applicable. If you are tax-exempt, you must provide valid documentation.
10.8 Failed payments. If a payment fails, we will notify you and retry. If payment is still outstanding 14 days after the first failure, we may restrict the workspace to read-only or suspend it until the balance is paid. We will not delete Customer Content during this period. Content is only deleted after cancellation or termination, as described in Section 13.
10.9 Refunds. Except where this Section 10.9 or applicable law says otherwise, fees are non-refundable, and we do not give refunds or credits for partial billing periods, unused seats or storage, or downgrades. However:
(a) if you are charged in error, we will refund the incorrect amount;
(b) if you cancel an annual subscription within 14 days after your first annual charge (or first annual renewal), you may ask for a full refund of that charge by emailing hello@goorbit.app;
(c) Section 7.8 (material feature removal) and Section 15.4 (termination without cause) provide pro-rated refunds.
10.10 Promotions and referrals. Promotion codes, coupons, and referral credits apply only as described when issued. They cannot be exchanged for cash, may expire, and may not be combined unless we say so. We may cancel codes obtained through misuse. If we run a referral or partner program, its separate terms will apply, and referral partners are independent. They cannot speak for Orbit or make commitments on our behalf.
10.11 Billing disputes. If you believe a charge is wrong, contact us within 60 days of the charge so we can investigate before you open a dispute with your card issuer.
11. Cancellation
11.1 You can cancel online at any time in Settings → Billing. Cancelling takes no more steps than signing up and does not require contacting us. You may also cancel by emailing hello@goorbit.app from the workspace owner's email address.
11.2 Cancellation takes effect at the end of the current billing period. Until then, you keep full access. After that, the workspace becomes read-only as described in Section 13.
11.3 We will confirm your cancellation by email.
12. Third-party services
12.1 The Services rely on infrastructure and service providers (listed in our Privacy Policy), and may let you connect third-party services such as Google sign-in, calendars, or storage. Your use of any third-party service is also governed by that provider's terms and privacy policy.
12.2 Orbit is not responsible for third-party services we do not control. That includes their availability, changes to their APIs, or how they handle your data once you connect them. We may suspend an integration if the third party requires it or if it creates a security risk.
13. Data retention, export, and deletion
13.1 Export anytime. While your workspace is active, you can download your files and export your data using the features in the Services. If you need help with a bulk export, contact us.
13.2 Deleted items. Files and items you delete go to a trash and remain recoverable for 30 days. After that they are permanently deleted.
13.3 After cancellation or expiry. When a paid subscription ends, the workspace becomes read-only for 30 days so you can export your content. Client portals may show a notice during this period. After 30 days, we will permanently delete the workspace and its Customer Content from our active systems, unless you reactivate before then.
13.4 Backups. Deleted data may stay in encrypted backups for up to a further 30 days until those backups are overwritten. Backups are used only for disaster recovery.
13.5 Records we keep. We may keep limited records after deletion where required or permitted by law. Examples include billing and tax records (generally up to 7 years), records of your acceptance of these Terms, and security logs. We do not keep Customer Content for these purposes.
13.6 Your responsibility. It is your responsibility to export anything you want to keep before deletion. Once permanently deleted, content cannot be recovered.
14. Copyright complaints (DMCA)
14.1 We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act (17 U.S.C. § 512). Send notices to our designated agent:
Copyright Agent, Orbit Technologies, LLC
627 Opelousas Ave STE 71290, New Orleans, LA 70114
Phone: (225) 454-5880
Email: justin@goorbit.app (subject line: "DMCA Notice")
14.2 Notice contents. A notice must include:
(a) a physical or electronic signature of the copyright owner or authorized agent;
(b) identification of the copyrighted work;
(c) identification of the allegedly infringing material, with information reasonably sufficient for us to locate it (such as a URL);
(d) your contact information;
(e) a statement that you have a good-faith belief the use is not authorized by the owner, its agent, or the law;
(f) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act for the owner.
14.3 Counter-notices. If your material is removed, you may send a counter-notice that meets 17 U.S.C. § 512(g)(3). We may restore the material unless the complainant tells us it has filed a court action.
14.4 Repeat infringers. In appropriate circumstances, we will terminate the accounts of users who repeatedly infringe.
15. Suspension and termination
15.1 By you. You may cancel at any time under Section 11.
15.2 Suspension by us. We may suspend all or part of your access immediately if we reasonably believe that:
(a) you or your Authorized Users have materially breached Section 5 or 6;
(b) your use poses a security risk or could harm the Services, other customers, or third parties;
(c) payment is overdue as described in Section 10.8; or
(d) the law or a valid legal order requires it.
Where practical and lawful, we will notify you and give you a chance to fix the issue first. We will limit the suspension to what is reasonably necessary and restore access promptly once the issue is resolved.
15.3 Termination for cause. Either party may terminate these Terms if the other materially breaches them and does not fix the breach within 30 days after written notice. We may terminate immediately for serious or repeated violations of Sections 5 or 6, or for illegal conduct.
15.4 Termination without cause by Orbit. We may stop providing the Services to you for any reason with at least 60 days' notice, and will refund any prepaid fees for the period after termination.
15.5 Effect of termination. When these Terms end, your right to use the Services ends, and Section 13 applies to your data. Any unpaid fees for periods before termination become due. Sections that by their nature should survive will survive, including Sections 4.4–4.7, 5, 6, 10 (for amounts owed), 13, and 17–25.
16. Availability and support
16.1 We work to keep the Services available and secure. We use reputable infrastructure providers and monitor for errors. However, we do not guarantee uninterrupted or error-free operation, or any specific uptime, unless an Enterprise agreement includes a service-level commitment.
16.2 We may perform scheduled maintenance, and will try to do so at low-traffic times and give advance notice for significant downtime.
16.3 Support is provided by email and in-app at the level included with your Plan.
17. Confidentiality and security
17.1 We treat Customer Content and non-public information about your business as confidential. We use it only to provide the Services and disclose it only as allowed by these Terms and our Privacy Policy.
17.2 We keep reasonable administrative, technical, and physical safeguards designed to protect Customer Content. They include encryption in transit and at rest, tenant isolation enforced at the database level, role-based access controls, and logging of sensitive actions.
17.3 Support access. Authorized Orbit personnel may access your workspace only as needed to:
(a) provide support you request;
(b) investigate security incidents, abuse, or legal requests; or
(c) keep the Services running.
Access is limited to what the task requires, and administrative access is logged.
17.4 Security incidents. If we confirm unauthorized access to Customer Content in our systems, we will notify affected Customers without undue delay, and will give information reasonably needed to meet their own notice obligations.
18. Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE FULLEST EXTENT PERMITTED BY LAW, ORBIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT CONTENT WILL NEVER BE LOST. ORBIT IS NOT RESPONSIBLE FOR THE CONTENT OF ANY CUSTOMER'S PORTAL OR FOR ANY AGREEMENT BETWEEN A CUSTOMER AND ITS CLIENTS, INCLUDING WHETHER WORK IS APPROVED, DELIVERED, OR PAID FOR.
19. Limitation of liability
19.1 TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, BUSINESS OPPORTUNITY, OR DATA (EXCEPT AS PROVIDED IN SECTION 4.5), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
19.2 TO THE FULLEST EXTENT PERMITTED BY LAW, EACH PARTY'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID ORBIT FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US $100).
19.3 Exceptions. The limits in 19.1 and 19.2 do not apply to:
(a) your obligation to pay fees;
(b) a party's indemnification obligations;
(c) your breach of Section 5 or 6;
(d) liability for gross negligence, fraud, or wilful misconduct; or
(e) liability that cannot be limited by law.
19.4 Some jurisdictions do not allow certain exclusions or limits, so some of the above may not apply to you.
20. Indemnification
20.1 By you. You will defend, indemnify, and hold harmless Orbit and its members, managers, employees, and agents from third-party claims, and related losses, damages, fines, and reasonable attorneys' fees, arising from:
(a) Customer Content, including claims that it infringes or misappropriates third-party rights or was uploaded without required consents;
(b) your or your Authorized Users' breach of Sections 5 or 6 or of law; or
(c) disputes between you and your clients.
20.2 By Orbit. Orbit will defend you against third-party claims alleging that the Orbit software, as provided by us (excluding Customer Content, third-party services, and your modifications or combinations), infringes a U.S. patent, copyright, or trademark, or misappropriates a trade secret. Orbit will pay damages and costs finally awarded or agreed in settlement. If such a claim arises, we may modify the Services to be non-infringing, get a license, or terminate your subscription and refund prepaid fees for the unused period.
20.3 Process. The indemnified party must:
(a) promptly notify the other party;
(b) give it sole control of the defense and settlement, though no settlement may impose obligations on the indemnified party without its consent; and
(c) provide reasonable cooperation.
21. Export controls and sanctions
You confirm that you are not located in, or a resident or national of, a country or region subject to comprehensive U.S. sanctions, and that you are not on any U.S. government denied-party list. You will not use or give access to the Services in violation of U.S. export-control or sanctions laws.
22. Dispute resolution, arbitration, and class-action waiver
22.1 Informal resolution first. Before starting any proceeding, a party must send the other a written notice describing the dispute and the relief sought. Notices to Orbit go to hello@goorbit.app with the subject "Legal Notice." The parties will try in good faith to resolve the dispute for 30 days.
22.2 Binding arbitration. If the dispute is not resolved, any dispute, claim, or controversy arising out of or relating to these Terms or the Services ("Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. The arbitration will be held before a single arbitrator, in New Orleans, Louisiana or by videoconference. The arbitrator may award the same individual relief a court could. Judgment on the award may be entered in any court with jurisdiction. The Federal Arbitration Act governs this Section 22.
22.3 Class-action waiver. YOU AND ORBIT MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims of more than one party.
22.4 Exceptions. Either party may:
(a) bring an individual claim in small-claims court;
(b) seek injunctive or other equitable relief in court to protect intellectual property, confidential information, or the security of the Services; and
(c) pursue any claim that cannot be arbitrated as a matter of law.
22.5 30-day opt-out. You may opt out of arbitration by emailing hello@goorbit.app, subject "Arbitration Opt-Out," within 30 days after you first accept these Terms. Include your name, workspace name, and account email. Opting out does not affect any other part of these Terms.
22.6 Severability. If the class-action waiver is found unenforceable for a particular claim, that claim (and only that claim) will be severed and heard in court under Section 23, with the arbitration of other claims paused until it is resolved.
23. Governing law and venue
These Terms are governed by the laws of the State of Louisiana, without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply. For any Dispute not subject to arbitration, the parties consent to the exclusive jurisdiction of the state and federal courts located in Orleans Parish, Louisiana.
24. Changes to these Terms
24.1 We may update these Terms from time to time. We will post the new version with a new effective date.
24.2 Material changes. If a change materially affects your rights, we will give workspace owners at least 30 days' notice by email or in the app before it takes effect. We may also ask you to accept the updated Terms in the app. Changes required by law, or for security reasons, may take effect sooner.
24.3 If you do not agree to a change, you may cancel before it takes effect. If you do, and you prepaid, we will refund the unused portion of your current term. Continuing to use the Services after the effective date means you accept the updated Terms.
25. General
25.1 Entire agreement. These Terms, the Privacy Policy, and any order form or DPA are the entire agreement between you and Orbit about the Services. The Data Processing Addendum at goorbit.app/dpa applies automatically to Customer Personal Data and forms part of these Terms. They replace any earlier understandings.
25.2 Order of precedence. Where documents conflict, they apply in this order:
(1) a signed order form or enterprise agreement;
(2) the DPA (for data-protection matters);
(3) these Terms;
(4) the Privacy Policy.
25.3 Assignment. You may not assign these Terms without our written consent, except to a successor of all or substantially all of your business, with notice to us. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.
25.4 Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control. Examples include natural disasters, war, terrorism, labor disputes, government action, widespread internet or utility outages, cyberattacks, and failures of third-party hosting providers. This does not excuse payment obligations.
25.5 Electronic communications. You agree to receive notices, agreements, and disclosures electronically, including by email and in the app. Electronic notices satisfy any requirement that they be in writing. We send notices to the workspace owner's email address. You send notices to hello@goorbit.app.
25.6 Publicity. We may identify you as a customer, by name and logo, on our website and in marketing materials. You can ask us to stop at any time by emailing hello@goorbit.app. We will never publish your Customer Content without your permission.
25.7 Independent parties. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.
25.8 No third-party beneficiaries. There are none, except that Orbit's indemnified parties may enforce Section 20.
25.9 Waiver and severability. Not enforcing a provision is not a waiver. If any provision is held unenforceable, it will be enforced to the maximum extent possible, and the rest will remain in effect.
25.10 Headings. Headings are for convenience only. "Including" means "including without limitation."
26. Contact
Orbit Technologies, LLC
627 Opelousas Ave STE 71290, New Orleans, LA 70114
hello@goorbit.app