Last Updated: September 5, 2025
These Terms of Service (“Terms”) apply to your access to and use of free and paid features of (i) the website located at orb.net (or any successor links) and all associated web pages, websites, and social media pages (the “Site”) provided by Orb Forge Inc. (“Orb”, “we”, “our” or “us”), (ii) mobile and desktop applications that may be downloaded to your smartphone, tablet, or computer (each an “App”), (iii) Orb provided software that can be downloaded or deployed onto a device without a graphical user interface (e.g., a Raspberry Pi) (“Software”) (iv) our online services (including the Site, Cloud Software and the App, together the “Services”). Some features of the Services may only be accessible to users who have subscribed to a paid plan or purchased specific features (collectively, “Paid Services”).
BY AGREEING TO THESE TERMS, YOU AND ORB AGREE TO RESOLVE MOST DISPUTES SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, ANY OTHER KIND OF REPRESENTATIVE PROCEEDING, OR BY JURY TRIAL. IF YOU DO NOT WISH TO ARBITRATE DISPUTES WITH ORB, YOU MAY OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 14. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE OUR SERVICES.
We may indicate that different or additional terms, conditions, guidelines, policies, or rules apply in relation to some of our Services (“Supplemental Terms”). Any Supplemental Terms become part of your agreement with us if you use the applicable Services, and if there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control for that conflict.
We may make changes to these Terms. The “Last Updated” date above indicates when these Terms were last changed. If we make future changes, we may provide you with notice of such changes, such as by sending an email, providing a notice through our Services, or updating the date at the top of these Terms. Unless we say otherwise in our notice, the amended Terms will be effective immediately, and your continued use of our Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must immediately stop using our Services.
a.) Age. Users under 18 years of age (or the age of legal majority where you live) may only use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Users under the age of 13 may not use our Services. The parent or legal guardian of a user under the age of 18 (or the age of legal majority) is fully responsible for the acts or omissions of such user in relation to our Services. If you are a parent or guardian and you believe that your child under the age of 18 is using our Services without your consent, please contact us at [email protected].
b.) Use and Sharing. You may use our Services under these Terms for personal or limited commercial use (as defined below). If you use our Services on behalf of another person or entity, all references to “you” throughout these Terms will include that person or entity. For clarity, “you” refers to both Personal Users and Commercial Users (as defined below). If you use our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person’s or entity’s behalf, and in the event you or that person or entity violates these Terms, that person or entity also agrees to be responsible to us.
i.) Personal Use. You may use our Services for personal, family or household purposes as a personal user (“Personal User”).
ii.) Limited Commercial Use. You may use our Services under these Terms as a commercial user (“Commercial User”) only under the following conditions:
a.) Subscription Plans. Certain features of the Services may be offered for a fee on a subscription basis or as a one-time purchase.
b.) Billing and Payment. If you purchase a subscription or other paid services, you agree to pay all applicable fees, taxes, and charges, and authorize Orb or its third-party payment processor to charge your payment method accordingly.
c.) Changes to Fees. Orb reserves the right to modify pricing for any Paid Services at any time, but will notify you in advance.
d.) Refunds. Payments are non-refundable except as required by law.
e.) Downgrades and Termination. Downgrading your plan may cause loss of access to certain features or content. Termination of your account or subscription may result in immediate loss of access to Paid Services.
You may provide certain information to Orb in connection with your access or use of our Services, or we may otherwise collect certain information about you when you access or use our Services. You agree to receive emails, SMS or text messages, and other types of communication from Orb via the Services using the email address or other contact information you provide in connection with the Services. You represent and warrant that any information that you provide to Orb in connection with the Services is accurate.
If you subscribe to Paid Services, you agree that Orb may contact you with service-related messages including payment notices, billing updates, and subscription-related communications.
For information about how we collect, use, share and otherwise process information about you, please see our Privacy Policy https://orb.net/privacy-policy.
You may be required to create an account with Orb in order to use some or all of our Services. Personal Users may not share individual account credentials for use beyond their family or household. Commercial Users may not share or permit others to use your individual account credentials for the benefit or use of any third party. Accounts associated with Paid Services may not be shared, and access is limited to the individual or entity for which the subscription was purchased. You will promptly update any information contained in your account if it changes. You must use a strong password for your account that is unique to our Services and not used by you in any other website or online service. You must maintain the security of your account, as applicable, and promptly notify us if you discover or suspect that someone has accessed your account without your permission. We reserve the right to reject, require that you change, or reclaim usernames, including on behalf of businesses or individuals that hold legal title, including trademark rights, in those usernames.
You will not use our Services if you are not eligible to use our Services in accordance with Section 1 and will not use our Services other than for their intended purpose. Further, you will not, in connection with our Services:
Enforcement of this Section 5 is solely at Orb’s discretion, and failure to enforce this section in some instances does not constitute a waiver of our right to enforce it in other instances.
The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, and all intellectual property rights therein and thereto, are owned by Orb or our licensors and are protected under both United States and foreign laws. Except as explicitly stated in these Terms, all rights in and to the Services, including all intellectual property rights therein and thereto, are reserved by us or our licensors. Subject to your compliance with these Terms (including Section 5), you are hereby granted a limited, nonexclusive, nontransferable, non-sublicensable, revocable license to access and use our Services for internal use and solely with respect to any applications included in the Services. The scope of your license is subject to the limits of the plan you are enrolled in. Additional features and usage rights may be granted under a paid subscription or enterprise agreement. Any use of the Services other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein and violate our intellectual property rights. Any applications included in the Services are licensed (not sold), and if you fail to comply with any of the terms or conditions of these Terms, you must immediately cease using the applicable application and remove (that is, uninstall and delete) the applicable application from your mobile or personal device.
Any Software that is provided by us to you as a part of the Services is subject to these Terms. Subject to your compliance with these Terms, we grant you the right to install and use one copy of the Software per device on a worldwide basis for use by only one person at a time as part of your use of the Services. The software is licensed, not sold, and Orb reserves all rights to the Software not expressly granted, whether by implication, estoppel, or otherwise.
Orb Forge Inc. and our logos, product or service names (including the ORB and ORB FORGE names), slogans, and the look and feel of the Services are trademarks of Orb and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names, and company names or logos mentioned on or in connection with the Services are the property of their respective owners. Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation by us.
You may voluntarily post, submit, or otherwise communicate to us any questions, comments, suggestions, ideas, original or creative materials, or other information about Orb or our Services (collectively, “Feedback”). You understand that we may use such Feedback for any purpose, commercial or otherwise, without acknowledgement or compensation to you, including to develop, copy, publish, or improve the Feedback or Services, or to improve or develop new products, services, or the Services in Orb’s sole discretion. Orb will exclusively own all improvements to, or new, Orb products, services, or Services based on any Feedback. You understand that Orb may treat Feedback as nonconfidential.
a.) Our Services rely on or interoperate with third-party products and services, including, without limitation, data storage services, communications technologies, IoT platforms, third-party app stores, and internet and mobile operators (collectively, “Third-Party Materials”). These Third-Party Materials are beyond our control, but their operation may impact, or be impacted by, the use and reliability of our Services. You acknowledge that (a) the use and availability of the Services is dependent on third-party product vendors and service providers and (b) these Third-Party Materials may not operate reliably 100% of the time, which may impact the way that our Services operate.
b.) Specifically, certain items of independent, third-party code may be utilized in connection with the Services that may be subject to open-source licenses (“Open-Source Software”). The Open-Source Software is licensed to us under the terms of the license that accompanies such Open-Source Software and may be licensed to you under the terms of the same license or through other terms. Nothing in the Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Open-Source Software.
c.) We may further provide information about or links to third-party products, services, activities, or events, or we may allow third parties to make their content and information available on or through the Services (collectively, “Third-Party Content”). We provide Third-Party Content as a service to those interested in such content. Your dealings or correspondence with third parties and your use of or interaction with any Third-Party Content are solely between you and the third party.
d.) We have no obligation to monitor Third-Party Materials or Third-Party Content, and we may block or disable access to any Third-Party Materials or Third-Party Content (in whole or part) through our Services at any time. Your access to and use of such Third-Party Content or Third-Party Materials may be subject to additional terms, conditions, and policies applicable to such Third-Party Content (including terms of service or privacy policies of the providers of such Third-Party Materials). You are responsible for obtaining and maintaining any computer hardware, equipment, network services and connectivity, telecommunications services, and other products and services necessary to access and use the Services.
If you are a Commercial User, to the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Orb and our officers, directors, agents, partners, and employees (individually and collectively, the “Orb Parties”) from and against any losses, liabilities, claims, demands, damages, expenses or costs (“Claims”) arising out of or related to (a) your access to or use of the Services; (b) your violation of these Terms; or (c) your violation, misappropriation, or infringement of any rights of another (including intellectual property rights or privacy rights). You will promptly notify Orb Parties of any third-party Claims, cooperate with Orb Parties in defending such Claims, and pay all fees, costs, and expenses associated with defending such Claims (including attorneys' fees). The Orb Parties will have control of the defense or settlement, at Orb’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Orb or the other Orb Parties.
Your use of our Services and any content or materials provided therein or therewith (including the Third-Party Content and Third-Party Materials) is at your sole risk. Except as otherwise provided in a writing by us and to the fullest extent permitted under applicable law, our Services, and any content or materials provided therein or therewith (including the Third-Party Content and Third-Party Materials) are provided “as is” and “as available” without warranties of any kind, either express or implied. Orb disclaims all warranties with respect to the foregoing, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. In addition, Orb does not represent or warrant that our Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) are accurate, complete, reliable, current, or error-free or that access to our Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) will be uninterrupted. While Orb attempts to make your use of our Services and any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) safe, we cannot and do not represent or warrant that our Services or any content provided therein or therewith (including the Third-Party Content and Third-Party Materials) or our servers are free of viruses or other harmful components or content or materials. You assume the entire risk as to the quality and performance of the Services and any content provided therein or therewith (including the Third-Party Content and Third-Party Materials). All disclaimers of any kind (including in this section and elsewhere in these Terms) are made for the benefit of Orb, Orb Parties, and Orb’s respective shareholders, agents, representatives, licensors, suppliers, and service providers, as well as their respective successors and assigns.
a.) To the fullest extent permitted by applicable law, Orb and the other Orb Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if Orb or the other Orb Parties have been advised of the possibility of such damages.
b.) The total liability of Orb and the other Orb Parties for any claim arising out of or relating to these Terms or our Services, regardless of the form of the action, is limited to the amount paid by you to use our Services giving rise to the claim.
c.) The limitations set forth in this Section 12 will not limit or exclude liability for the gross negligence, fraud, or intentional misconduct of Orb or the other Orb Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
d.) To the extent permitted by applicable law, Orb’s total liability for any Paid Services shall not exceed the amount you paid to Orb for such Services in the twelve (12) months prior to the claim
To the fullest extent permitted by applicable law, you release Orb and the other Orb Parties from responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown (including claims of negligence), arising out of or related to disputes between users and the acts or omissions of third parties. If you are a consumer who resides in California, you hereby waive your rights under California Civil Code § 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
**PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND ORB TO ARBITRATE CERTAIN DISPUTES AND LIMITS THE MANNER IN WHICH YOU AND ORB CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND ORB FROM SUING IN COURT OR HAVING A JURY TRIAL. YOU AND ORB AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING. ORB AND YOU ARE EACH WAIVING THE RIGHT TO TRIAL BY A JURY.
YOU AND ORB EACH ACKNOWLEDGE THAT THE TERMS OF THIS SECTION ARE INTENDED TO REDUCE THE FINANCIAL BURDENS ASSOCIATED WITH RESOLVING DISPUTES AND ARE NOT INTENDED TO DELAY ADJUDICATION OF EITHER PARTY’S CLAIMS.
FOLLOW THE INSTRUCTIONS BELOW, IN SECTION 14(j), IF YOU WISH TO OPT OUT OF THE REQUIREMENT OF ARBITRATION ON AN INDIVIDUAL BASIS.
a.) Claims This Section Applies To. This Section 14 applies to all Claims between you and Orb. A “Claim” is any dispute, claim, or controversy (excluding those exceptions listed in Section 14(c), below) between you and Orb, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, for which either party wishes to seek legal recourse and that arises from or relates to these Terms or the Services, including any claims related to the use or operation of the Services, the purchase of any products or services made available through the Services, all privacy or data security claims, and all claims related to the validity, enforceability, or scope of this Section or any portion of it.
b.) Informal Dispute Resolution Before Arbitration. If you believe you have a Claim against Orb or if Orb believes it has a Claim against you, you and Orb will first attempt to resolve the Claim informally to try to resolve the Claim more quickly and reduce costs for both parties. You and Orb will make a good-faith effort to negotiate the resolution of any Claim for 45 days (“Informal Resolution Period”), from the day either party receives a written notice of a dispute from the other party that satisfies the requirements of this Section 14(b) (a “Claimant Notice”). The Informal Resolution Period is designed to allow the party who has received a Claimant Notice to make a fair, fact-based offer of settlement if it chooses to do so. The Informal Resolution Period may be extended by the parties’ mutual written agreement.
You must send any Claimant Notice to Orb by certified mail, addressed to Orb, Inc., Attn: Legal Department, 221 W 9th St. Ste 502 Wilmington, Delaware, 19801 or by email to [email protected]. Orb will send any Claimant Notice to you by certified mail or email using the contact information you have provided to Orb. The party sending a Claimant Notice (the “Claimant”) will ensure it includes (i) the Claimant’s name, address, email address, and telephone number; (ii) a description of the nature of and basis for the Claim, including the date(s) on which the Claim arose and the facts on which the Claim is based; (iii) the specific relief sought; and (iv) a personally signed statement from the Claimant themselves(and not their counsel) verifying the accuracy of the contents of the Claimant Notice.
No arbitration demand (“Arbitration Demand”) may be filed or proceed before a Claimant Notice is sent and the Informal Resolution Period has concluded. If you or Orb files an Arbitration Demand without complying with the requirements in this Section 14, including the requirement to wait for the Informal Resolution Period to conclude, the other party may seek relief from a court to enjoin such filing and for such other relief as the court deems proper. The prevailing party in any such action shall be entitled to recover its costs and reasonable attorneys’ fees incurred in seeking such relief.
To facilitate the parties’ efforts to reach an efficient resolution of any Claim, the applicable statutes of limitation will be tolled, and all deadlines associated with arbitration fees deferred, from the commencement of the Informal Dispute Resolution Process through the date when suit or arbitration may be filed under these Terms.
c.) Claims Subject to Binding Arbitration; Exceptions. Except for individual disputes that qualify for small claims court (provided that the small claims court does not permit class or similar representative actions or relief) and any disputes exclusively related to the intellectual property rights of you or Orb, including any disputes in which you or Orb seek injunctive or other equitable relief for the alleged unlawful use of your or Orb’s intellectual property (“IP Claims”), all Claims, including Claims that are not related to intellectual property or intellectual property rights but are jointly filed with IP Claims, that are not resolved in accordance with Section 14(b) must be resolved by a neutral arbitrator through final and binding arbitration rather than in court. Claims subject to binding arbitration include, without limitation, disputes arising out of or relating to the interpretation or application of this arbitration provision, including the enforceability, revocability, or validity of this arbitration provision or any portion of it.
d.) Binding Individual Arbitration. Except as otherwise expressly permitted by this Section 14, any Claim may be resolved only through binding individual arbitration conducted by the American Arbitration Association (the “AAA”), https://adr.org/, according to the Federal Arbitration Act, 9 U.S.C. § 1, et seq., (“FAA”). If you are a “Consumer,” meaning that you only use the Platform and the Services for personal, family, or household purposes, the then-current version of the AAA’s Consumer Arbitration Rules, as modified by these Terms (the “Rules”), will apply to Claims between you and Orb. If you are not a Consumer, the then-current version of the AAA’s Commercial Arbitration Rules and Mediation Procedures, as modified by these Terms, will apply to Claims between you and Orb.
These Terms affect interstate commerce, and the enforceability of this Section 14 will be substantively and procedurally governed by the FAA to the maximum extent permitted by law. As limited by the FAA, these Terms, and the Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Claim and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. As allowed by applicable law, the arbitrator may only award legal or equitable remedies that are individual to you or Orb to satisfy one of our individual Claims (that the arbitrator determines are supported by credible relevant evidence).
e.) Arbitration Procedure and Location. You or Orb may initiate arbitration of any Claim not resolved during the Informal Resolution Period by filing an Arbitration Demand with AAA in accordance with the Rules.
Instructions for filing a demand with AAA are available on the AAA website or by calling AAA at 800-778-7879. You will send a copy of any demand for arbitration to Orb by certified mail addressed to Orb, Inc., Attn: Legal Department, 221 W 9th St. Ste 502 Wilmington, Delaware, 19801 or by email to [email protected]. Orb will send any demand for arbitration to you by certified mail or, if no physical address has been provided, by email using the contact information you have provided to Orb.
The arbitration will be conducted by a single arbitrator in the English language. You and Orb both agree that the arbitrator will be bound by these Terms.
For Claims in which the Claimant seeks less than USD $10,000, the arbitrator will decide the matter based solely on written submissions, unless the arbitrator decides that a formal hearing is necessary. For Claims in which the Claimant seeks USD $10,000 or more, or smaller matters in which the arbitrator determines a hearing to be necessary, hearings will be conducted by video or telephone, unless the arbitrator determines an in-person hearing to be necessary. If an in-person hearing is determined to be necessary, the site of any in-person hearing will be determined by the applicable Rules.
The arbitrator (not a judge or jury) will resolve all Claims in arbitration. Unless you and Orb agree otherwise, any decision or award will include a written statement stating the decision of each Claim and the basis for the award, including the arbitrator’s essential factual and legal findings and conclusions.
Any arbitration decision or award may be enforced as a final judgment by any court of competent jurisdiction or, if applicable, application may be made to such court for judicial confirmation of any award and an order of enforcement.
f.) Arbitration Fees. Each party will be responsible for arbitration fees in accordance with the applicable Rules and these Terms.
g.) Frivolous or Improper Claims. To the extent permitted by applicable law, a Claimant must pay all costs incurred by the defending party, including any attorney’s fees and arbitration fees, related to a Claim if an arbitrator determines that (i) the Claim was not warranted by existing law or by a nonfrivolous argument, (ii) the factual contentions for the Claim lacked evidentiary support when filed or were unlikely to have evidentiary support after a reasonable opportunity for further investigation; or (iii) the Claim was filed in arbitration for any improper purpose, such as to harass the defending party, cause unnecessary delay, or needlessly increase the cost of dispute resolution.
h.) Confidentiality. If you or Orb files a Claim in arbitration, you and Orb agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, and other Orb that might be exchanged or the subject of any discovery in the arbitration. You and Orb agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration.
i) Mass Disputes. If 25 or more Claimant Notices are received by a party that raise similar Claims and have the same or coordinated counsel, these will be considered a “Mass Dispute” and the provisions of this Section 14(i)(4) will apply to all such Claimant Notices. A Claimant Notice in a Mass Dispute may proceed to arbitration only as set forth below.
1.) Applicable Rules. Any Arbitration Demands based on these Claimant Notices filed in arbitration shall be subject to the AAA’s then-current Mass Arbitration Supplementary Rules, as modified by these Terms. Any disputes over whether an Arbitration Demand should be considered part of the Mass Dispute will be decided by the AAA as an administrative matter. The following procedures are intended to supplement the AAA’s Mass Arbitration Supplementary Rules, and to the extent the procedures conflict with those Rules, to supersede them.
2.) Initial Arbitrations. The parties shall identify an initial set of 20 Claimant Notices to proceed as Arbitration Demands in order to maximize efficiencies in the management, investigation, and arbitration of the remaining Claimant Notices in the Mass Dispute. The initial set shall be selected as follows. Counsel representing the Claimants in a Mass Dispute must notify the other party in writing (email will suffice) when all or substantially all Claimant Notices for the Mass Dispute have been provided. Counsel for all Claimants and counsel for the responding party each shall then select 10 Claimant Notices to proceed as Arbitration Demands. Claimants shall then file Arbitration Demands for the 20 selected Claimant Notices. No Claimant Notice or Arbitration Demand may be filed or deemed filed, and no related arbitration fees may be assessed, until the Claimant Notice is selected to proceed to arbitration following the process set forth in this Section. A single arbitrator will preside over each Arbitration Demand, and shall preside only over one Arbitration Demand, unless the parties agree otherwise.
3.) Mediation. Upon conclusion of the 20 initial arbitrations (or sooner if the parties agree) and before proceeding with any other Arbitration Demands, the parties must engage in a single mediation applicable to all Claimant Notices in the Mass Dispute. The parties shall have 30 days following the conclusion of the last of the initial arbitrations to agree on a mediator. If they are unable to do so, the AAA may appoint one as an administrative matter. No additional Arbitration Demands may be filed until 30 days after such mediation concludes or 90 days after the appointment of a mediator, whichever is sooner.
4.) Remaining Claimant Notices and Arbitrations. If mediation concludes with 100 or more unresolved Claimant Notices, any remaining Claimant or the receiving party to a remaining Claimant Notice may opt out of arbitration of all Claimant Notices that were not resolved in the initial 20 Arbitration Demands or mediation. Such an election may only be for all Claimant Notices remaining in the Mass Dispute, not a portion thereof. To be effective, such election must be communicated in writing (email suffices) to counsel for the other party within 30 days of mediation concluding. Claimant Notices released from the arbitration requirement must be resolved according to Section 14.
If complaints based on Claimant Notices that were released from the arbitration requirement are filed in court, the Claimants may seek class treatment, although to the fullest extent allowed by applicable law, the putative classes must be limited to those Claimants in the Mass Dispute whose claims remain unresolved, and for which a Claimant Notice was received by the other party. Any party may contest class certification at any stage of the litigation and on any available basis and may raise any other defenses available under applicable law.
If the mediation process concludes with fewer than 100 Claimant Notices remaining or if no timely election to opt out of arbitration is made, the AAA will randomly select 30 Claimant Notices (or the total remaining if less than 30) that comply with Section 14(b) to proceed in arbitration in the same manner as described in Section 14(i)(2), above. Once such arbitrations have concluded, the parties will repeat this process until all Claimant Notices in the Mass Dispute have been resolved.
j.) Opting Out of Arbitration. You have the right to opt out of binding arbitration within 30 days of the date you first accepted a version of these Terms by emailing [email protected]. To be effective, the opt-out notice must be on your own behalf and include your full name, mailing address, and email address. The notice must also clearly indicate your intent to opt out of binding arbitration in order to be valid. By opting out of binding arbitration, you are agreeing to resolve disputes in accordance with Section 15.
k.) Rejection of Modifications to this Section 14. You may reject any change we make to this Section 14 (except changes to notice addresses) as to you, by emailing [email protected] within 30 days of the date of the change. To be effective, you must send the notice or rejection on your own behalf, and you must include your full name, mailing address, and email address. The notice must clearly indicate your intent to reject changes to Section 14. You may reject changes to Section 14 only as a whole. You may not reject only certain changes to Section 14. If you reject changes made to Section 14, the most recent version of Section 14 that you have not rejected will continue to apply.
l.) Severability. If any portion of this Section 14 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section 14 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 14; and (iii) to the extent that any claims may proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction, in accordance with these Terms, and not in arbitration. The litigation of those claims will be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 14 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 14 will be enforceable.
Any dispute, claim, or controversy arises from or relates to these Terms will be governed by and construed and enforced in accordance with the laws of the State of Delaware, except to the extent preempted by U.S. Federal Law, without regard to conflict of law rules or principles (whether of the State of Delaware or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. If any dispute, claim, or controversy arises from or relates to these Terms is not subject to arbitration pursuant to Section 14, then the state and federal courts located in the County of New Castle County, Delaware, will have exclusive jurisdiction. You and Orb waive any objection to venue in any such courts. If your local law requires that consumer contracts be interpreted subject to local law and enforced in the courts of that jurisdiction, this section may not apply to you only to the extent that local law conflicts with this section.
We reserve the right to modify our Services or to suspend or terminate providing all or part of our Services at any time; charge, modify, or waive any fees required to use the Services; or offer opportunities to some or all end users of the Services. We may provide you with notice in advance of the suspension or discontinuation of all or part of our Services, such as by sending an email or providing a notice through our Services. All modifications and additions to the Services will be governed by the Terms or Supplemental Terms, unless otherwise expressly stated by Orb in writing. You also have the right to stop using our Services at any time, and you may terminate these Terms by ceasing use of our Services. We are not responsible for any loss or harm related to your inability to access or use our Services.
If any portion of these Terms other than Section 14 is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (a) the unenforceable or unlawful provision will be severed from these Terms; (b) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of these Terms; and (c) the unenforceable or unlawful provision may be revised to the extent required to render the Terms enforceable or valid, and the rights and responsibilities of the parties will be interpreted and enforced accordingly, so as to preserve the Terms and the intent of the Terms to the fullest possible extent.
You are responsible for compliance with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; or (b) on any of the U.S. government lists of restricted end users.
a.) Orb’s failure to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. These Terms reflect the entire agreement between the parties relating to the subject matter hereof and supersede all prior agreements, representations, statements, and understandings of the parties. The section titles in these Terms are for convenience only and have no legal or contractual effect. Use of the word “including” will be interpreted to mean “including without limitation.” Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity. Communications and transactions between us may be conducted electronically.
b.) If you have a question or complaint regarding the Services, please send an email to [email protected]. You may also contact us by writing to 221 W 9th St. Ste 502 Wilmington, Delaware, 19801. Please note that email communications will not necessarily be secure; accordingly, you should not include payment card information or other sensitive information in your email correspondence with us.
The following terms apply if you install, access, or use the Services on any device that contains the iOS mobile operating system, macOS or other Apple provided operating system (each an “Apple App”) developed by Apple Inc. (“Apple”).
a.) Acknowledgement. You acknowledge that these Terms are concluded solely between us, and not with Apple. Orb, not Apple, is solely responsible for this Apple App and the content thereof. You further acknowledge that the usage rules for the Apple App are subject to any additional restrictions set forth in the Usage Rules for the Apple iOS App Store Terms of Service or other applicable Terms of Service provided by Apple as of the date you download the App, and in the event of any conflict, the Usage Rules in the Apple iOS App Store or other applicable Terms of Service provided by Apple will govern if they are more restrictive. You acknowledge that you have had the opportunity to review the Usage Rules.
b.) Scope of License. The license granted to you is limited to a non-transferable license to use the Apple App on any iPhone, iPod touch, iPad, or any other Apple device that you own or control as permitted by the Usage Rules set forth in the Apple iOS App Store Terms of Service or other applicable Terms of Service provided by Apple.
c.) Maintenance and Support. You and Orb acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple App.
d.) Warranty. You acknowledge that Apple is not responsible for any product warranties, whether express or implied by law, with respect to the Apple App. In the event of any failure of the AppleApp to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if any, paid to Apple for the Apple App by you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App. The parties acknowledge that to the extent that there are any applicable warranties, any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any such applicable warranty would be the sole responsibility of Orb. However, Orb has disclaimed all warranties of any kind with respect to the App, and therefore, there are no warranties applicable to the App.
e.) Product Claims. You and Orb acknowledge that as between Apple and Orb, Orb, not Apple, is responsible for addressing any claims relating to the Apple App or your possession and/or use of the Apple App, including, but not limited to (a) product liability claims, (b) any claim that the AppleApp fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation.
f.) Intellectual Property Rights. The parties acknowledge that, in the event of any third-party claim that the Apple App or your possession and use of the Apple App infringe that third party’s intellectual property rights, Orb, and not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required under these Terms.
g.) Developer Name and Address. Any questions, complaints, or claims with respect to the Apple App should be directed to:
Orb
221 W 9th St. Ste 502
Wilmington, DE 19801
[email protected]
h.) Third-Party Terms of Agreement. You will comply with any applicable third-party terms when using the Services.
i.) Third-Party Beneficiary. Apple and its subsidiaries are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
The following terms apply if you install, access, or use the Services on any device that contains the Android mobile operating system (the “Android App”) developed by Google, Inc. (“Google”):
a.) You acknowledge that these Terms are between you and us only, and not with Google.
b.) Your use of our Android App must comply with Google’s then-current Android Market Terms of Service.
c.) Google is only a provider of the Android Market where you obtained the Android App. We, and not Google, are solely responsible for our Android App and the Services and content available thereon. Google has no obligation or liability to you with respect to our Android App or these Terms.
d.) Google is a third-party beneficiary to the Terms as they relate to our Android App.