Terms of Service — Orbyt Social

These Terms of Service ("Terms") form a binding agreement between you and Orbyt Social, Inc. ("Orbyt," "we," "us," or "our") governing your use of the Orbyt Social mobile application, the website at orbytsocial.com, and related services (collectively, the "Service").

By creating an account or using the Service you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 13 years old (or the higher age required by your local law, such as 16 in parts of the European Union) to create an account.
If you are under the age of majority in your jurisdiction, you may use the Service only with the involvement of a parent or legal guardian who agrees to these Terms on your behalf.
You may not use the Service if we have previously terminated your account or banned you, except with our written permission.
By using the Service you represent that you have the legal capacity to enter into this agreement.

2. Your Account

You are responsible for maintaining the confidentiality of your authentication credentials and for all activity that occurs under your account.
You agree to provide accurate information and to keep it updated. Impersonating another person, organization, or entity is not permitted.
You may operate one or more accounts (for example, a personal account and a company-managed account), provided you do not use them to circumvent these Terms or to evade enforcement.
Notify us at support@orbytsocial.com immediately if you become aware of any unauthorized use of your account.

3. User Content

3.1 Ownership

You retain all ownership rights in the content you create, post, or share through the Service ("User Content").

3.2 License You Grant Us

By submitting User Content, you grant Orbyt a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, modify (e.g., for resizing, transcoding, or formatting), create derivative works of (e.g., for previews, thumbnails, or translations), publish, publicly display, publicly perform, and distribute your User Content solely for the purposes of operating, providing, improving, and promoting the Service. This license ends when your User Content is removed from the Service, except for retention required by law, residual backups, and copies retained by other users who interacted with it before removal.

3.3 Your Representations

You represent and warrant that you own or have all necessary rights to your User Content, that posting it does not infringe any third party's rights (including intellectual property and privacy rights), and that it complies with these Terms and applicable law.

3.4 No Endorsement

User Content does not reflect Orbyt's views. We do not pre-screen or endorse User Content and are not responsible for it.

4. Acceptable Use & Community Guidelines

Your use of the Service is governed by our Community Guidelines, which describe in plain English what is and is not allowed and how we enforce. These Terms incorporate those guidelines by reference. In particular, you agree not to use the Service to create, post, share, or otherwise distribute any content or take any action that:

Is unlawful, defamatory, libelous, or fraudulent.
Is sexually explicit, pornographic, or sexually exploits any person, especially minors. Any content that sexualizes a minor will be reported to the appropriate authorities.
Promotes, glorifies, threatens, or incites violence, terrorism, or self-harm.
Constitutes harassment, bullying, hate speech, or discrimination based on race, ethnicity, national origin, religion, gender identity, sexual orientation, disability, or any other protected characteristic.
Infringes any patent, trademark, trade secret, copyright, right of publicity, or other intellectual property right.
Is misleading, deceptive, or constitutes spam, scams, or coordinated inauthentic behavior.
Distributes malware, viruses, or other malicious code, or attempts to compromise the security or integrity of the Service.
Reverse-engineers, decompiles, scrapes (other than via documented APIs), or interferes with the Service.
Violates the privacy of others, including doxxing or sharing private information without consent.
Promotes illegal goods, services, or activities.

We may, at our discretion, remove content that violates these Terms or our community guidelines, suspend or terminate accounts, and report illegal activity to law enforcement.

5. Content Moderation, Reports & Takedowns

We use automated systems to classify content for objectionable material. Content that is flagged may be hidden, removed, or refused upload.
Anyone may report content that they believe violates these Terms by long-pressing the content in-app and selecting Report.
We aim to review reported content and act on confirmed violations within 24 hours of receipt. Action may include removal of the content, warnings, suspension, or termination of the responsible account.
If you believe your content was removed in error, contact support@orbytsocial.com with the post identifier and we will review the decision.
We may preserve and disclose information to law enforcement where required by law or to protect users from imminent harm.

6. Copyright & DMCA

If you believe content on the Service infringes your copyright, send a notice that complies with the U.S. Digital Millennium Copyright Act (17 U.S.C. § 512) to copyright@orbytsocial.com with: (a) your physical or electronic signature; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the allegedly infringing material and information sufficient for us to locate it; (d) your contact information; (e) a statement of good-faith belief that the use is unauthorized; and (f) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act. We respond to valid notices and may terminate the accounts of repeat infringers.

7. Subscriptions & Paid Features

Some features — including paid newsletters and creator subscriptions — are sold through in-app purchase. All purchases on iOS are processed by the Apple App Store; all purchases on Android are processed by Google Play. Their respective terms apply to the transaction.
Auto-renewal: subscriptions renew automatically at the end of each billing period at the then-current price unless cancelled at least 24 hours before the end of the current period. You can manage and cancel subscriptions in your Apple ID or Google Play account settings.
Refunds: are handled by Apple or Google in accordance with their refund policies; we are not able to issue refunds directly for in-app purchases.
Free trials: if a subscription includes a free trial, the trial converts to a paid subscription at the end of the trial period unless you cancel beforehand.
Creator payouts: if you receive payments as a creator, payout terms, taxes, and identity verification are handled by our payments partner under a separate agreement.

8. Account Suspension and Termination

You may delete your account at any time from Settings → Account or by contacting support.
We may suspend or terminate your account, with or without notice, if we reasonably believe you have violated these Terms or applicable law, if doing so is necessary to protect our users or the Service, or if your account has been inactive for an extended period.
Upon termination, your license to use the Service ends and we will handle your data as described in our Privacy Policy.
Sections that by their nature should survive termination — including User Content licenses for residual copies, Indemnification, Disclaimers, Limitation of Liability, and Dispute Resolution — will survive.

9. Third-Party Services

The Service may contain links to or integrations with third-party services, including authentication providers, app stores, and content embeds. We are not responsible for third-party services and their use is governed by their own terms and privacy policies.

10. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the Service will be uninterrupted, error-free, secure, or free from harmful components, or that any defects will be corrected.

11. Limitation of Liability

To the fullest extent permitted by law, Orbyt and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits, revenues, data, goodwill, or other intangible losses, arising out of or in connection with your use of the Service. Our total liability for any claim arising out of these Terms or the Service will not exceed the greater of (a) the amount you paid us in the twelve months preceding the claim, or (b) one hundred United States dollars (USD $100).

Some jurisdictions do not allow the exclusion or limitation of certain damages; in those jurisdictions, the limitations above apply only to the extent permitted by law.

12. Indemnification

You agree to indemnify and hold harmless Orbyt and its officers, directors, employees, and agents from any claim, demand, damages, or losses (including reasonable attorneys' fees) arising out of or related to your User Content, your use of the Service, or your violation of these Terms or applicable law.

13. Dispute Resolution & Governing Law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Except where prohibited by law, you and Orbyt agree to resolve any dispute arising out of or relating to these Terms or the Service through binding individual arbitration in accordance with the rules of the American Arbitration Association, conducted in English in Wilmington, Delaware. Either party may seek injunctive relief in court for intellectual-property or unauthorized-use claims.
No class actions: disputes will be resolved on an individual basis. You and Orbyt waive any right to bring or participate in a class, collective, or representative action.
If the arbitration agreement is unenforceable in your jurisdiction, the dispute will be resolved in the state or federal courts located in Wilmington, Delaware, and you and Orbyt consent to personal jurisdiction there.
Nothing in this section prevents you from contacting your local consumer-protection authority where local law gives you that right.

14. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will revise the "Last Updated" date and provide notice through the Service or by email. Continued use of the Service after the effective date of a change constitutes acceptance of the updated Terms.

15. Apple App Store Additional Terms

If you obtained the Orbyt iOS app from the Apple App Store, the following additional terms apply: (a) these Terms are between you and Orbyt only, not Apple; (b) Apple is not responsible for the Service or its content; (c) you may use the iOS app only on Apple-branded devices you own or control and as permitted by the Apple Media Services Terms; (d) Apple is not responsible for maintenance, support, or warranty claims; (e) Apple is not responsible for product or third-party intellectual-property claims; and (f) Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

16. Miscellaneous

Entire agreement. These Terms, together with our Privacy Policy and any policies referenced herein, are the entire agreement between you and Orbyt regarding the Service.
Severability. If any provision is held unenforceable, the remaining provisions remain in full force and effect.
No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.
Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.
Notices. We may give you notices through the Service, email, or your account dashboard. You may give us notice at support@orbytsocial.com.

17. Contact Us

Orbyt Social, Inc.
Email: support@orbytsocial.com
Copyright & DMCA: copyright@orbytsocial.com
In-app: Settings → Contact Support