Terms of Service

1. Services and Commercial Terms

1.1 Service Plans

OrbitalsAI offers the Services under different plans:

• Pay-As-You-Go (PAYG): Self-service access with usage-based pricing
• Enterprise Plans: Custom agreements with dedicated support and deployment options

1.2 Separate Agreements

Commercial terms including pricing, service levels, deployment options, and support are set forth in:

• Order Forms (for Enterprise customers)
• Service Level Agreements (where applicable)
• Pricing pages on our Site (for PAYG customers)

In the event of any conflict between these Terms and a separate written agreement you have with OrbitalsAI, the separate written agreement controls.

2. Account Registration and Eligibility

2.1 Eligibility

You must be at least 13 years old to use the Services. If you are between 13 and 18 years old, you may only use the Services with the consent and supervision of a parent or legal guardian.

You represent and warrant that:

• You have the legal capacity to enter into these Terms
• All information you provide is accurate and complete
• You will comply with all applicable laws

2.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access

3. Acceptable Use

You agree to use the Services only for lawful purposes and in accordance with these Terms.

3.1 Prohibited Uses

You may NOT:

• Use the Services for any illegal or unauthorized purpose
• Violate any applicable laws or regulations
• Infringe on intellectual property rights of OrbitalsAI or others
• Transmit any harmful code, viruses, or malware
• Attempt to gain unauthorized access to our systems or networks
• Use automated means (bots, scrapers) to access the Services without permission
• Interfere with or disrupt the Services or servers
• Resell or redistribute the Services without authorization
• Reverse engineer, decompile, or disassemble our software
• Remove or alter any proprietary notices or labels
• Use the Services to develop competing products or services
• Process data in violation of applicable data protection laws
• Engage in fraudulent or deceptive practices

3.2 High-Risk Activities

The Services are NOT designed for use in high-risk activities where failure could lead to death, personal injury, or environmental damage, including:

• Operation of nuclear facilities
• Aircraft navigation or communication systems
• Air traffic control systems
• Life support or emergency services
• Military weapons systems

You agree not to use the Services for such purposes.

4. Customer Content

4.1 Your Ownership

You retain all ownership rights in any audio, text, data, or other content you submit to the Services ("Customer Content").

4.2 License to OrbitalsAI

You grant OrbitalsAI a limited, non-exclusive license to use, process, and store Customer Content solely to:

• Provide the Services to you
• Maintain and improve the Services
• Comply with applicable laws

We do not sell or license your Customer Content to third parties.

4.3 Your Responsibilities

You are responsible for:

• Ensuring you have all necessary rights to submit Customer Content
• Compliance with applicable data protection laws
• The accuracy and legality of Customer Content
• Obtaining any required consents from data subjects

4.4 Data Protection

Our processing of personal data is governed by our Privacy Policy. For enterprise customers, a Data Processing Agreement may apply.

5. OrbitalsAI Intellectual Property

5.1 Our Rights

OrbitalsAI and its licensors own all rights, title, and interest in the Services, including:

• The APIs, SDKs, and software
• Our machine learning models and algorithms
• Documentation and related materials
• Our trademarks, logos, and brand elements

These Terms do not grant you any ownership rights in the Services.

5.2 Feedback

If you provide suggestions, ideas, or feedback about the Services, we may use them without any obligation to you.

6. Third-Party Services

The Services may integrate with or link to third-party services. Your use of third-party services is governed by their own terms and policies. We are not responsible for third-party services or content.

7. Termination

7.1 Termination by You

You may stop using the Services at any time. For paid plans, consult your Order Form regarding termination procedures.

7.2 Termination by Us

We may suspend or terminate your access to the Services if:

• You breach these Terms
• Your use poses a security or legal risk
• You fail to pay applicable fees
• Required by law

7.3 Effect of Termination

Upon termination:

• Your right to access the Services ends immediately
• We may delete your Customer Content after a reasonable period
• Provisions that by their nature should survive will survive (e.g., intellectual property, disclaimers, limitations of liability)

8. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORBITALSAI DISCLAIMS ALL WARRANTIES, INCLUDING:

• MERCHANTABILITY
• FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT
• ACCURACY OR RELIABILITY OF RESULTS
• ERROR-FREE OR UNINTERRUPTED OPERATION

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

ORBITALSAI SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING:

• LOST PROFITS
• LOSS OF DATA
• LOSS OF BUSINESS
• BUSINESS INTERRUPTION

WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF:

• THE AMOUNT YOU PAID US IN THE 12 MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR
• ONE HUNDRED UNITED STATES DOLLARS ($100)

Some jurisdictions do not allow the limitation of liability for consequential or incidental damages, so these limitations may not apply to you.

10. Indemnification

You agree to indemnify, defend, and hold harmless OrbitalsAI, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Services
• Your Customer Content
• Your violation of these Terms
• Your violation of any rights of another party
• Your violation of applicable laws

11. Data Protection and Privacy

Our collection and use of personal information is described in our Privacy Policy.

For customers in the European Union, United Kingdom, or other jurisdictions with data protection laws, additional terms may apply as set forth in our Privacy Policy or separate Data Processing Agreements.

12. Changes to Terms

We may modify these Terms at any time. If we make material changes, we will notify you by:

• Posting the updated Terms on our Site
• Updating the "Last Updated" date
• Sending notice to your email address (if applicable)

Your continued use of the Services after changes become effective constitutes acceptance of the updated Terms.

13. Governing Law and Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of the Federal Republic of Nigeria, without regard to conflict of law principles.

13.2 Jurisdiction

Subject to Section 13.3, any disputes shall be resolved exclusively in the courts located in Lagos, Nigeria, and you consent to the personal jurisdiction of such courts.

13.3 Arbitration (Optional for Enterprise)

Enterprise customers may agree to binding arbitration in their Order Forms.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy and any applicable Order Form, constitute the entire agreement between you and OrbitalsAI regarding the Services.

14.2 Severability

If any provision of these Terms is found invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force.

14.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.

14.5 Force Majeure

OrbitalsAI is not liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, war, terrorism, natural disasters, labor disputes, or internet failures.

14.6 Export Control

The Services may be subject to export control laws. You agree to comply with all applicable export and re-export restrictions.

14.7 Notices

Notices to OrbitalsAI should be sent to:

OrbitalsAI
LANRE SHITTU BUILDING, SHEHU YARADUA WAY, MABUSHI, FCT, NIGERIA
Email: contact@orbitalsai.com

We may provide notices to you at the email address associated with your account.

15. Contact Information

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

Email: contact@orbitalsai.com
Website: www.orbitalsai.com
Address: LANRE SHITTU BUILDING, SHEHU YARADUA WAY, MABUSHI, FCT, NIGERIA