Orb Website Terms of Use
Effective Date: April 21, 2025
Welcome to Orb! These Website Terms of Use (“Terms”) govern your use of the website https://www.withorb.com (collectively, the “Site”). This includes any functionality of the website, and all associated websites or webpages within the withorb.com domain or published by Orb, Inc. (“Orb,” “we,” “us” or “our”), our subsidiaries and affiliated companies. For clarity, your use of the Orb Service is subject to the Orb Terms of Service located at https://www.withorb.com/terms or a written agreement.
These Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you”). By accessing and using the Site, you agree that you have read, understood, and agreed to be bound by all of these Terms. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU MUST DISCONTINUE USE OF THE SITE IMMEDIATELY.
1. Eligibility
1. By using the Site, you represent and warrant that you are at least 18 years old. If you are under 18 years old, you may not use the Site.
1.2 If you are using the Site on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. All references to "you" in these Terms shall include such organization, jointly and severally with you personally.
1.3 If any applicable law, rule, regulation, or government restriction prohibits you from using or accessing the Site, then you must immediately cease all access and use. If you nevertheless access or use the Site, you will still be bound to these Terms and shall have all the obligations, responsibilities, and liabilities as if you were eligible to do so.
2. General Use of the Site
Subject to these Terms, Orb grants you a limited, revocable, non-transferable, non-sublicensable, and non-exclusive right to access and use the Site. This includes the information, and materials (available on or from the Site such as HTML, text, graphics, audio, video, blog posts, visual interfaces, photographs, trademarks (both registered and unregistered), logos, computer code, artwork, documents, white papers, press releases, data sheets, product descriptions, software, and FAQs) collectively, “Orb Content”. All rights not expressly granted to you are reserved by Orb. This license does not permit any resale or commercial use of the Orb Content.
3. User Responsibilities and Conduct
You may not access or use the Site for any purpose other than that for which we make the Site available. As a user of the Site, you agree that you may not use the Site to:
3.1 Engage in, promote, or facilitate any activity that is illegal, including, but not limited to, (i) the violation of data privacy laws, export control and sanctions laws, or intellectual property laws, or (ii) phishing, spoofing, or other fraudulent or deceptive activities;
3.2 Store or distribute any information, material or data that (i) is harassing, threatening, infringing, libelous, unlawful, or obscene, (ii) violates the privacy rights of any third party, or (iii) contains viruses, malware, spyware, or any other malicious or harmful code;
3.3 Interfere with, disrupt, or compromise the security, integrity or performance of the Site, or knowingly overburdening or disrupting the normal functioning of the Site through excessive usage or other abusive actions; and
3.4 Remove any copyright or proprietary notices from any Orb Content or any other materials provided through the Site.
4. Orb Content
Orb Content is owned, controlled, or licensed by Orb and is protected by trademark, copyright, and patent laws, as well as various other intellectual property rights and unfair competition laws. Orb and its licensors expressly retain all right, title, and interest in and to the Orb Content, including and without limitation, all intellectual property rights therein and thereto. All rights not expressly granted herein are reserved.
5. User Content
5.1 Submitting User Content. At our sole discretion, the Site may include functionality that permits you to submit, share or make available queries, comments, posts, or submissions, including comments and posts made through our discussion forums, blogs, or other interactive features of our Site, and you may elect to display, transmit, post, submit, or otherwise make available to us and others any content or works of authorship, including, without limitation, images, software, code, videos, ideas, feedback, plans, notes, sample data, audio files, text, or any other materials (collectively, "User Content"), through or in connection with your use of the Site. If you choose to make publicly available any of your personal information, confidential information, or any other sensitive information through the Site, you do so at your own risk. We have no confidentiality obligations with respect to your User Content. Any information you post may be publicly accessible to any and all users of the Site. We have no control over and are not responsible for any use or misuse (including reproduction, distribution, or displaying) by any third party of your User Content.
5.2 License Grant to Orb. By uploading, posting, displaying, submitting, entering, inputting, or otherwise transmitting your User Content to us, you hereby grant to Orb (to the extent permitted by applicable law) a perpetual, irrevocable, fully paid-up, royalty-free, worldwide, non-exclusive, transferable, and fully sublicensable (through multiple tiers) right and license, without any additional consideration to you or any third party, to use, reproduce, adapt, modify, publicly display, publicly perform, prepare derivative works from, and distribute such User Content, for any purpose and in any form, medium, or distribution method now known or hereafter existing, known or developed. You agree, to the fullest extent permitted by applicable law, to waive and never assert any moral rights that may exist in connection with the User Content.
6. Artificial Intelligence
Orb leverages advanced artificial intelligence technologies, including AI chatbots, on the Site (collectively, “AI Tools”). These AI Tools are available throughout our website to assist with a range of inquiries. While they provide immediate, data-driven insights, we advise that decisions based on complex or critical matters be confirmed with our human specialists. Orb’s integration of AI Tools is part of Orb’s ongoing effort to enhance your experience with Orb.
7. Monitoring
Orb may, but is not obligated to, monitor, evaluate, audit, alter, and/or remove Orb Content, User Content, and your use of the Site. Orb reserves the right to accept, reject, refuse, remove, alter, or modify any Orb Content or User Content, for any reason and at any time, without notice, but assumes no liability based on its acceptance, rejection, modification, or failure to modify, reject, or modify any Orb Content or User Content. We may delete User Content at any time without notice to you. We have no obligation to store any User Content and have no responsibility or liability for the deletion or failure to store, transmit, or receive User Content. You are solely responsible for creating backup copies of or replacing any User Content at your sole expense.
8. Infringement and DMCA
Orb respects the intellectual property rights of others, and we ask you to do the same. Orb may, inappropriate circumstances and at our discretion, terminate access to this Site for users who infringe the intellectual property rights of others. If you believe in good faith that your work is the subject of copyright infringement and/or trademark infringement and appears on our Site, please provide Orb’s designated agent the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works are covered by a single notification, a representative list of such works.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site, and information reasonably sufficient to permit Orb to locate the material.
- Information reasonably sufficient to permit Orb to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Orb's agent for notice of claims of copyright or trademark infringement on this Site can be reached at: billing@withorb.com.
9. Links to Third-Party Sites and Content
The Site may include links to websites that are not operated by Orb (collectively, “Third-Party Sites”) or to content and materials provided by third parties (collectively, “Third-Party Content”). The owners of Third-Party Sites and Third-Party Content retain all rights, titles, and interests in their content, including all intellectual property rights. These Third-Party Sites and Content are subject to their own terms of use and privacy policies, which govern your use of them. We provide these links for your convenience, but we do not endorse or verify these Third-Party Sites. We do not make any representations or assume responsibility for the truthfulness, accuracy, quality, or completeness of the content, services, or activities conducted on these sites. YOU AGREE THAT ORB WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES, AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES AND/OR THIRD-PARTY CONTENT, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT OR BUSINESS PRACTICES OF ANY THIRD PARTY.
10. Indemnification
You agree to defend, indemnify, and hold Orb and its officers, directors, employees, affiliates, subsidiaries, agents, licensors, and business partners (collectively, the "Orb Parties") harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys' fees and costs of defense) Orb or any other indemnified party suffers in relation to or arising, directly or indirectly, from:
- Your violation or breach of these Terms;
- Your breach of any applicable laws;
- Any claim or demand that your use of this Site or the use of this Site by any person using your username and/or password, violates any applicable law or regulation, or the patents, copyrights, trademark rights, personality, publicity, or other rights of any third party; and
- Any claim that your User Content infringes or misappropriates any third-party patent, copyright, trademark, or trade secret, privacy, publicity, or any other third-party right.
11. Disclaimer of Warranties
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SITE AND THE ORB CONTENT, TOGETHER WITH ALL SOFTWARE, SERVICES, AND FEATURES AVAILABLE ON OR THROUGH THE SITE, ARE PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND THE ORB PARTIES MAKE NO REPRESENTATION, GUARANTEE, OR WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER. THE ORB PARTIES SPECIFICALLY DISCLAIM ALL WARRANTIES, GUARANTEES, AND REPRESENTATIONS, INCLUDING ALL IMPLIED, STATUTORY, OR OTHER WARRANTIES WITH RESPECT TO THE SITE AND THE ORB CONTENT, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, AND NON-INFRINGEMENT, OR THAT THE SITE OR THE ORB CONTENT ARE COMPLETE, SUITABLE FOR YOUR PURPOSE, OR ACCURATE. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE SITE AND/OR THE ORB CONTENT RESTS WITH YOU. ORB MAKES NO REPRESENTATION, GUARANTEE, OR WARRANTY THAT THE AVAILABILITY OF THE SITE WILL BE UNINTERRUPTED, OR THAT THE SITE AND/OR THE ORB CONTENT WILL BE ERROR-FREE OR SECURE, OR THAT ANY OR ALL DEFECTS WILL BE CORRECTED.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL THE ORB PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES DIRECTLY OR INDIRECTLY ARISING OUT OF OR CONNECTED TO YOUR ACCESS OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, INCLUDING, WITHOUT LIMITATION, ANY AND ALL DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY, OR STATUTORY DAMAGES, INCLUDING ANY LOSS OF BUSINESS, LOSS OF USE, BUSINESS INTERRUPTION, LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, EVEN IF ORB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE. IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE ORB PARTIES UNDER THESE TERMS EXCEED US $100. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
13. Suspension and Termination
13.1 Suspension: In the event we reasonably believe you have breached, or will breach, any provision of these Terms, Orb may, without limiting its other rights and remedies, immediately suspend your use of the Site until such breach is cured or we reasonably believe there is no longer a threat.
13.2 Termination: Orb reserves the right to immediately terminate your access to or use of the Site, at any time, with or without cause, and with or without notice. You may terminate these Terms at any time by ceasing to use the Site.
13.3 Effect of Termination: Upon expiration or termination of these Terms, you will immediately cease using the Site. In no event will Orb have any responsibility or liability to you related to suspension or termination of these Terms.
13.4 Survival: The termination or expiration of these Terms will not affect any provisions herein which by their nature survive or are intended to survive termination or expiration, including but not limited to the provisions that deal with the following subject matters: ownership of intellectual property, confidentiality, effect of termination, limitation of liability, indemnification, disclaimers, export control, and the "General" section in these Terms.
14. Privacy Policy
Our Privacy Policy, available at https://www.withorb.com/privacy-policy, explains how we use information that you submit to Orb, and which is incorporated into these Terms.
15. Export Control
The export control information provided on this Site may not reflect the most current legal or regulatory developments and Orb does not represent, warrant, or guarantee that it is complete, accurate, or up to date. It is not intended as legal advice or as an exhaustive interpretation of the export control laws and regulations. For specific guidance, you should consult with your legal counsel, export professional, or relevant governmental authorities. It is your responsibility to ensure compliance with export control requirements. No Orb products or services may be sold, exported, or re-exported, to an individual or entity located in an embargoed country or on any applicable government sanctions lists, including the U.S. Treasury Department's list of Specially Designated Nationals, or on the U.S. Commerce Department's Denied Persons List or Entity List. Such prohibition includes the following countries: Cuba, Iran, North Korea.
16. Modifications to these Terms or Site
Orb reserves the right to revise, change, update, add, or remove provisions of these Terms at any time by posting the updated Terms on the Site, along with a notice of the effective date. You agree to periodically review these Terms to be aware of any modifications. By accessing or using this Site after Orb has updated these Terms, you agree to the updated Terms. If you do not agree with any portion of the updated Terms, your only recourse is to stop using the Site. We may also modify, alter, terminate, update, or discontinue the Site, including any portions of the Site, at any time, without prior notice.
17. General
17.1 Site Location and Local Laws: Orb controls and operates this Site from the USA. The Orb Content may not be appropriate or available for use in other locations. Orb makes no representation that all features of this Site will be available to you from specific countries, or that the Orb Content is permitted to be accessed from any country. You are solely responsible for any decision to use the Site from your location and for compliance with applicable local laws.
17.2 Feedback: You may volunteer feedback to Orb about the Site, Orb Content, or any services offered through the Site (“Feedback”). Orb shall be irrevocably entitled to use that Feedback, for any purpose and without any duty to account. All such Feedback is non-confidential and non-proprietary.
17.3 Governing Law and Jurisdiction: These Terms will be governed by the laws of the State of Delaware, without regard to its conflict of laws principles, and all suits hereunder will be brought solely in Federal Court for the District of Delaware, or if that court lacks subject matter jurisdiction, in any Delaware State Court located in New Castle County, Delaware. These Terms shall not be governed by the 1980 UN Convention on Contracts for the International Sale of Goods or any laws based on the Uniform Computer Information Transactions Act (UCITA). The parties hereby irrevocably waive any and all claims and defenses either might otherwise have in any action or proceeding in any of the applicable courts set forth above, based upon any alleged lack of personal jurisdiction, improper venue, forum non conveniens, or any similar claim or defense.
17.4 Waiver of Rights and Remedies: Our failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. Our rights, powers, and remedies under these Terms, including the right to suspend, restrict, or terminate any use of the Site, are cumulative and in addition to any right, power, or remedy that may be available to us at law or in equity.
17.5 Severability: If any provision of these Terms is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to give effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable.
17.6 Assignment and Inurement: We may at any time assign our rights and obligations under these Terms, in whole or in part, without notice to you. You may not assign these Terms without our prior written consent. These Terms will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors, and permitted assigns.
17.7 Relationship: The parties are independent contractors. No joint venture, partnership, fiduciary, employment, or agency relationship exists between us and you as a result of these Terms or use of the Site. There are no third-party beneficiaries of these Terms. Neither party has the authority to bind or act on behalf of the other party in any capacity.
17.8 Force Majeure: Neither party will be liable for, or be considered to be in breach of, or in default under, these Terms, as a result of any cause or condition beyond such party’s reasonable control.
17.9 Entire Agreement: These Terms, as amended from time to time, including any and all documents, websites, rules, terms, and policies referenced herein, constitute the entire agreement between us and you with respect to the matters referred to in these Terms and supersede all prior and contemporaneous agreements and understandings, whether electronic, oral, or written, between us and you with respect to such matters.
17.10 Contact Us: If you have any questions about these Terms or otherwise need to contact Orb for any reason, you can reach us at billing@withorb.com.
Orb, Inc.
2261 Market Street #5171
San Francisco, CA 94114
