Terms of Service

Welcome to Orbits.

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User", "you", or "your") and Orbits ("we", "us", or "our"). By accessing or using our platform, website, and services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ORBITS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

1. Acceptable Use & Eligibility

You must be at least 18 years of age to use the Service. By using our Service, you represent and warrant that you have the right, authority, and capacity to enter into this agreement.

You agree not to use the Service for any purpose that is prohibited by these Terms. You are responsible for all of your activity in connection with the Service. Prohibited activities include, but are not limited to:

• Engaging in any illegal, fraudulent, or unauthorized activities.
• Spamming, phishing, or sending unsolicited communications.
• Uploading or distributing viruses, malware, or other harmful code.
• Attempting to bypass any security measures or rate limits of the Service.
• Using the Service to generate or distribute hate speech, harassment, or defamatory content.

2. Accounts & Security

To access certain features of the Service, you may be required to register for an account. You must provide accurate, current, and complete information during the registration process.

You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

4. Content Ownership & Intellectual Property

Your Content: You retain all ownership rights to the content you create, upload, or distribute through our Service. By using the Service, you grant us a non-exclusive, worldwide, royalty-free license to use, host, store, and process your content solely for the purpose of providing and improving the Service.

AI-Generated Content: When using AI features, you acknowledge that content generated by the Service may be inaccurate, incomplete, or biased. You are solely responsible for reviewing, editing, and verifying all content before publishing or using it in a commercial context.

Our IP: The Service, including its software, design, logos, and trademarks, is the property of Atomik and is protected by intellectual property laws. You may not copy, modify, or distribute any part of the Service without our express written permission.

5. Third-Party Integrations & APIs

Our Service interacts with various third-party platforms. Your use of these platforms is subject to their respective terms and policies.

We are not responsible for the actions, availability, or policies of these third-party platforms. We do not guarantee that your content will be accepted or remain visible on any third-party service.

6. AI Content Generation

When using AI features of our Service, you acknowledge that:

• AI-generated content may contain inaccuracies, hallucinations, or biased information.
• You are solely responsible for reviewing, editing, and verifying all content before it is published or used in a commercial context.
• Atomik is not liable for any damages, reputational harm, or legal issues arising from the publication of AI-generated materials that have not been human-verified.
• You assume full liability for any consequences arising from published content generated through our Service.

User Responsibilities: You acknowledge and agree that you are responsible for ensuring the accuracy, appropriateness, and legality of all content published through our Service. This includes but is not limited to:

• Verifying all AI-generated content before publication
• Ensuring compliance with applicable laws and platform policies
• Maintaining appropriate standards of quality and accuracy

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ATOMIK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, 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; OR (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 OF THE POSSIBILITY OF SUCH DAMAGE.

8. Indemnification

You agree to defend, indemnify, and hold harmless Atomik, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms.

9. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles.

Any dispute arising from these Terms shall be resolved through binding arbitration in Delaware, or in the state or federal courts located in Delaware.

10. Force Majeure

Atomik shall not be liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, severe weather, or cloud provider outages.

11. Modifications to Terms

We reserve the right to modify these Terms at any time. We will provide notice of significant changes by updating the "Last Updated" date or by sending you an email notification. Your continued use of the Service after such changes constitutes your acceptance of the new Terms.

12. Contact Information

If you have any questions about these Terms, please contact us at:

support@the-orbits.com