Terms of Service

Effective Date: October 26, 2023

Welcome to orbitly.xyz. These Terms of Service ("Terms") govern your access to and use of the orbitly.xyz website, platform, and any related services (collectively, the "Service") provided by orbitly.xyz ("we," "us," "our," or the "Company").

Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, you are not authorized to use the Service.

1. Acceptance of Terms

By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and orbitly.xyz. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and references to "you" will include both you and the organization.

We reserve the right to modify or update these Terms at any time at our sole discretion. We will provide notice of material changes by posting the updated Terms on this page and updating the "Effective Date" above. Your continued use of the Service after such changes constitutes your acceptance of the new Terms. It is your responsibility to review these Terms periodically.

2. Use of Service

2.1 Eligibility

You must be at least 18 years of age, or the age of majority in your jurisdiction, to use the Service. By using the Service, you represent and warrant that you meet these eligibility requirements.

2.2 Account Registration

Access to certain features of the Service may require you to create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are solely responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately at [email protected] of any unauthorized use of your account.

2.3 License to Use

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes. This license does not include any right to resell, redistribute, or sublicense the Service.

2.4 Prohibited Conduct

You agree not to use the Service to:

• Violate any applicable local, state, national, or international law or regulation.
• Infringe upon or violate our intellectual property rights or the intellectual property rights of others.
• Engage in any fraudulent, deceptive, or illegal activity.
• Upload, transmit, or distribute any viruses, malware, or other malicious code.
• Attempt to gain unauthorized access to any part of the Service, other accounts, or any connected network or system.
• Interfere with or disrupt the integrity or performance of the Service or the data contained therein.
• Use the Service to harass, abuse, stalk, threaten, or defame any person or entity.
• Use any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission.

We reserve the right to suspend or terminate your access to the Service immediately, without prior notice, for any violation of these prohibited uses.

3. User Responsibilities

3.1 Your Content

You retain ownership of any content, data, or information you submit, upload, or transmit through the Service ("Your Content"). By providing Your Content, you grant orbitly.xyz a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, and display Your Content solely for the purpose of operating, providing, and improving the Service.

You are solely responsible for Your Content and the consequences of posting or publishing it. You represent and warrant that you own or have the necessary rights to Your Content and that it does not violate any third-party rights or applicable laws.

3.2 Compliance

You are responsible for complying with all laws, rules, and regulations applicable to your use of the Service, including those related to data privacy, intellectual property, and electronic communications.

3.3 Service Changes and Availability

We may modify, suspend, or discontinue any aspect of the Service at any time, with or without notice. We do not guarantee that the Service will be available uninterrupted, secure, or error-free. You acknowledge that we are not liable for any modification, suspension, or discontinuance of the Service.

4. Intellectual Property

The Service, including its original content, features, functionality, design, layout, logos, trademarks, and all related intellectual property, is and will remain the exclusive property of orbitly.xyz and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

You acknowledge that you do not acquire any ownership rights by using the Service. Any feedback, comments, or suggestions you provide regarding the Service may be used by us without any obligation to you.

5. Limitation of Liability

5.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ORBITLY.XYZ DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ORBITLY.XYZ, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED