Please read these Terms of Service carefully before purchasing, downloading, installing, or using the My Orby software or any related services. These Terms constitute a legally binding agreement between you and My Orby. By using the software or services in any manner, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety.
These Terms of Service ("Terms") govern your access to and use of the My Orby software application, companion AI service, bridge server infrastructure, optional software modules, and all related products and services (collectively, the "Software" or "Service") provided by My Orby ("My Orby," "we," "us," or "our").
By clicking "I Agree," completing a purchase, downloading the Software, installing the Software on any device, or otherwise accessing or using the Software or Service in any way, you ("User" or "you") expressly agree to be legally bound by these Terms. If you are accepting these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and the term "you" shall refer to that entity.
If you do not agree to all of these Terms, you are not authorized to use the Software or Service. If you have already purchased the Software and do not agree, your sole remedy is to request a refund under the refund policy set forth in Section 5, cease all use of the Software, and uninstall it from all devices.
These Terms apply to all versions of the Software, including the base home version, all optional add-on modules, and any future updates or releases. My Orby reserves the right to modify these Terms at any time, subject to the notice requirements in Section 16.
Subject to your ongoing compliance with these Terms and timely payment of all applicable fees, My Orby hereby grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software solely on your authorized Windows PC(s) for your own personal or internal business purposes, strictly in accordance with these Terms and any applicable documentation.
Single-Seat License. Each purchase entitles you to install and operate one (1) instance of the Software on one (1) computer (a "seat"). The Software may not be installed on additional computers without purchasing additional seat licenses. Running multiple simultaneous instances, sharing access credentials, or otherwise enabling multiple users to benefit from a single license is a material breach of these Terms.
Additional Seats and Volume Licensing. You may purchase additional seat licenses for additional computers or users at the published per-seat pricing. Volume discounts are available as described on the My Orby website and are subject to change. Each additional seat is governed by these same Terms. Volume license agreements for organizations requiring five (5) or more seats may be arranged by contacting orbiaisolutions@gmail.com.
Modules. Optional software modules (such as the Legal Module, Medical Module, Business Modules, and Industry Modules) are licensed as add-ons to the base Software. Each module license is subject to the same restrictions as the base license. A module license is granted only to the licensed seat holder and may not be used on any seat for which a base license has not been purchased.
No Ownership Transfer. This license grants you a right to use the Software; it does not convey to you any ownership interest in the Software or any intellectual property rights therein. All rights not expressly granted in these Terms are reserved by My Orby.
Updates. So long as you maintain an active monthly service subscription, My Orby will provide you with software updates and improvements to the Software as they are released. Updates are subject to these Terms. My Orby is under no obligation to provide updates to users who have canceled or allowed their monthly service subscription to lapse, although the Software will continue to function in its last-updated state.
My Orby's Intellectual Property. The Software, including all source code, object code, user interface design, graphics, text, audio components, voice synthesis configurations, AI persona design, module architecture, documentation, and all other components thereof, are and shall remain the exclusive intellectual property of My Orby and its licensors. The Software is protected by United States copyright law, international copyright treaties, patent law, trade secret law, and other applicable intellectual property laws and treaties. My Orby retains all right, title, and interest in and to the Software and all intellectual property rights therein.
Trademarks. "My Orby," "Orby," the Orby orb logo, and any related product names, service names, slogans, and visual identifiers are trademarks or service marks of My Orby. You may not use any of these marks without the prior written consent of My Orby. Nothing in these Terms grants you any right to use any trademark, service mark, trade name, or trade dress of My Orby.
Your Data. All personal data that you create, store, or input into the Software and that is stored locally on your device — including but not limited to conversation history, reminders, calendar entries, notes, contact information, family information, financial records, and health information — remains your property. You grant My Orby no ownership interest in your personal data. My Orby's access to data you input is governed by the Privacy Policy.
Restrictions. You agree that you will not, and will not permit any third party to: (a) copy, reproduce, distribute, sell, resell, or sublicense the Software or any portion thereof; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, structure, or architecture of the Software or any component thereof; (c) modify, adapt, translate, or create derivative works based on the Software; (d) remove, alter, or obscure any proprietary notices, labels, or marks on the Software; (e) use the Software to develop a competing product or service; (f) rent, lease, lend, or otherwise make the Software available to any third party except as expressly permitted by these Terms; (g) use the Software for any unlawful purpose or in any manner that violates applicable laws or regulations.
AI Persona. The Orby AI persona, including her name, voice configuration, personality design, and conversational style, is proprietary to My Orby. You may not replicate, impersonate, or commercialize the Orby persona in any way.
THIS SECTION IS CRITICAL. PLEASE READ IT CAREFULLY.
Orby is an AI assistant powered by large language model technology. She is designed to be helpful, conversational, and informative. However, Orby is not a licensed professional of any kind, and her responses do not constitute professional advice of any nature whatsoever.
Not Professional Advice. Regardless of which modules you have purchased or activated, Orby's responses are not and shall never be construed as: (a) legal advice or the practice of law; (b) medical advice, diagnosis, or treatment; (c) financial advice, investment advice, tax advice, or accounting advice; (d) mental health counseling or therapy; (e) pharmaceutical advice or drug recommendations; (f) real estate advice; (g) architectural or engineering advice; or (h) any other form of licensed professional advice in any jurisdiction.
Modules Do Not Change This. The Legal Module, Medical Module, Therapy and Counseling Module, Accounting Module, and any other industry-specific module provide workflow tools, organizational aids, and AI-assisted information relevant to those industries. These modules do not make Orby a licensed attorney, licensed physician, licensed therapist, licensed accountant, or licensed professional of any kind. The existence of these modules and the fact that Orby can discuss topics in these domains does not create a professional relationship of any kind between Orby, My Orby, and you or any person you represent.
No Attorney-Client or Doctor-Patient Relationship. No use of the Software, including the Legal Module or Medical Module, creates an attorney-client relationship, a doctor-patient relationship, a therapist-client relationship, or any other professional relationship that gives rise to duties, privileges, or liability of any kind.
AI Limitations. AI language models, including those powering Orby, can and do produce inaccurate, incomplete, outdated, or incorrect information. AI responses may appear confident while being factually wrong. AI models may not reflect recent developments in law, medicine, science, or any other field. You acknowledge that Orby's responses are generated probabilistically and are not guaranteed to be accurate, complete, current, or appropriate for any specific situation.
Your Responsibility to Verify. You are solely responsible for independently verifying any information provided by Orby before acting upon it. For any matter involving your health, legal rights, financial decisions, safety, or any other significant matter, you must consult a qualified, licensed professional in the appropriate field. Reliance on Orby's responses without independent professional verification is entirely at your own risk.
DISCLAIMER OF LIABILITY FOR AI RESPONSES. MY ORBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY ACTIONS YOU TAKE OR FAIL TO TAKE BASED ON ORBY'S RESPONSES OR SUGGESTIONS. MY ORBY SHALL NOT BE LIABLE FOR ANY HARM, LOSS, DAMAGE, INJURY, CLAIM, OR ADVERSE OUTCOME OF ANY KIND ARISING FROM YOUR RELIANCE ON AI-GENERATED CONTENT PRODUCED BY THE SOFTWARE, INCLUDING BUT NOT LIMITED TO ADVERSE MEDICAL OUTCOMES, LEGAL PREJUDICE, FINANCIAL LOSSES, REGULATORY PENALTIES, OR ANY OTHER HARM OF ANY NATURE.
Emergency Situations. If you or anyone you know is in a medical emergency or is in danger, call emergency services (911 in the United States) immediately. Do not rely on Orby in emergency situations. Orby is not designed for and cannot provide emergency assistance.
The Software is free. There is no one-time license fee, no purchase fee, and no setup fee for the base Software. You may download and run the Software at no charge.
Monthly or Annual Subscription Fee. The Software's AI brain (large-language-model inference), cloud-routed services, software updates, and ongoing support require an active subscription, as priced on the My Orby website. You may choose monthly or annual billing. Subscriptions auto-renew until canceled in accordance with Section 6.
No Setup Fees. There are no setup fees, license fees, or one-time charges. If My Orby ever offers optional add-on modules in the future, any pricing for those modules will be disclosed at the time of purchase.
No Refunds on Subscription Fees. Subscription fees (monthly or annual) are non-refundable, in whole or in part, for the current billing period. You may cancel at any time to stop future charges; you retain access to subscription features through the end of the paid period.
Annual Subscriptions. Annual subscriptions paid upfront are not pro-rated or refunded for unused months if canceled mid-year. You retain access through the remainder of the paid year.
Payment Processing. All payments are processed by Stripe, Inc. or such other payment processor as My Orby may designate. By providing payment information, you authorize My Orby and its payment processor to charge your designated payment method for all fees due under these Terms. You agree to provide accurate and complete payment information and to promptly update that information if it changes.
Pricing Changes. My Orby reserves the right to change subscription pricing at any time. For existing active subscribers, My Orby will provide no less than thirty (30) days advance notice of any price increase via email to the address on file or via in-app notification. Your continued use of the Service after the price change takes effect constitutes your acceptance of the new pricing. If you do not agree to a price change, your sole remedy is to cancel your subscription before the price change takes effect.
Taxes. All fees are exclusive of applicable taxes. You are responsible for paying all applicable sales taxes, use taxes, value-added taxes, and any other taxes or governmental charges imposed on your use of the Service.
Failed Payments. If a scheduled payment fails, My Orby may suspend access to subscription features (AI brain, cloud-routed services, updates) until payment is received. My Orby is not liable for any disruption of service resulting from a failed payment.
Payment Processing. All payments are processed by Stripe, Inc. or such other payment processor as My Orby may designate. By providing payment information, you authorize My Orby and its payment processor to charge your designated payment method for all fees due under these Terms. You agree to provide accurate and complete payment information and to promptly update that information if it changes.
Pricing Changes. My Orby reserves the right to change its pricing for the monthly service fee and for any module subscriptions at any time. For existing active subscribers, My Orby will provide no less than thirty (30) days advance notice of any price increase via email to the address on file or via in-app notification. Your continued use of the Service after the price change takes effect constitutes your acceptance of the new pricing. If you do not agree to a price change, your sole remedy is to cancel your subscription before the price change takes effect.
Taxes. All fees are exclusive of applicable taxes. You are responsible for paying all applicable sales taxes, use taxes, value-added taxes, and any other taxes or governmental charges imposed on your purchase or use of the Software.
Failed Payments. If a scheduled payment fails, My Orby may suspend access to bridge server features and updates until payment is received. My Orby is not liable for any disruption of service resulting from a failed payment.
Auto-Renewal. The monthly service fee subscription automatically renews each month on the anniversary of your original purchase date unless and until you cancel. By purchasing a subscription, you authorize My Orby to charge your payment method on a recurring monthly basis without further action from you.
How to Cancel. You may cancel your monthly service subscription at any time by contacting orbiaisolutions@gmail.com or through the account management portal if one is available. Cancellation requests will be processed within a reasonable time, but in no event later than the next billing cycle.
Effect of Cancellation. Cancellation takes effect at the end of the then-current billing period. You will retain access to bridge server connectivity, software updates, and associated features through the end of the paid billing period. No refund or credit will be issued for any unused portion of the current billing period.
Software After Cancellation. If you cancel your monthly service subscription and do not resubscribe, the Software will continue to function on your device in its last-updated state with its core local functionality intact. However, following the end of the paid billing period, the Software will no longer receive updates, will lose access to the bridge server, and any features that depend on bridge server connectivity (including remote AI query processing dependent on the bridge server infrastructure) may become unavailable or degraded. My Orby makes no warranty that all features will remain functional without an active subscription.
Reactivation. If you cancel and later wish to reactivate your subscription, you may do so by contacting My Orby. Reactivation pricing will be at the then-current published rates and is not guaranteed to match your original pricing.
Module Subscriptions. Individual module subscriptions, where applicable, are also subject to auto-renewal and may be canceled in the same manner as the base subscription. Cancellation of a module subscription takes effect at the end of the then-current module billing period.
You agree that you will not use the Software for any purpose that is unlawful, harmful, fraudulent, abusive, or otherwise prohibited by these Terms. Without limiting the generality of the foregoing, you specifically agree not to use the Software to:
(a) Harass, abuse, threaten, stalk, intimidate, bully, or otherwise harm any individual or group of individuals;
(b) Generate, distribute, or store any content that is illegal, defamatory, obscene, sexually explicit involving minors, threatening, discriminatory, or hateful;
(c) Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
(d) Engage in any form of criminal activity, fraud, or financial crime, including but not limited to money laundering, identity theft, or fraudulent misrepresentation;
(e) Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, or trade secrets of the Software;
(f) Resell, sublicense, rent, lease, or otherwise make the Software or any access to the Software available to third parties for compensation or otherwise, without My Orby's prior written consent;
(g) Circumvent, disable, or otherwise interfere with any license verification mechanism, authentication system, or security feature of the Software;
(h) Attempt to gain unauthorized access to any system, network, server, or account associated with My Orby or the Software;
(i) Use the Software to send unsolicited commercial communications or spam;
(j) Use the Software in any manner that violates applicable federal, state, local, or international law or regulation, including but not limited to laws governing privacy, data protection, consumer protection, professional licensing, and securities regulation;
(k) Use the Software in any high-risk environments where failure of the Software could lead to death, personal injury, or catastrophic harm, including but not limited to the operation of nuclear facilities, aircraft navigation, or medical life-support systems;
(l) Use any automated script, bot, crawler, or similar tool to scrape, harvest, or extract data from the Software or related services;
(m) Introduce any virus, malware, ransomware, Trojan horse, worm, or other malicious code into the Software or any system connected to it.
My Orby reserves the right to investigate any suspected violation of these restrictions and to take appropriate action, including immediate suspension or termination of your license, without notice and without refund.
Local Data Storage. A defining feature of My Orby is that your personal data is stored locally on your own computer. All personal conversations, reminders, calendar entries, notes, health information, financial information, family information, and similar personal content that you input into the Software is stored only on your device and is not transmitted to or stored on My Orby's servers, except as expressly described below.
Technical Data Received by My Orby. My Orby's bridge server infrastructure receives only the minimum technical data necessary to operate the service, including: an anonymous instance identifier that allows the Software to authenticate with the bridge server; software version information for update management; health and error diagnostic pings to identify issues with the Software (which do not contain personal conversation content); and license validation requests to verify that your license is active. This technical data does not include the content of your conversations with Orby.
AI Query Processing. When you interact with Orby through the AI conversation interface, your messages and relevant context are transmitted to Anthropic, PBC's API infrastructure to generate responses. My Orby does not store the content of your AI queries on its servers. However, you acknowledge that data transmitted to Anthropic is subject to Anthropic's own privacy policy and terms of service. My Orby is not responsible for Anthropic's data handling practices.
Payment Information. Payment processing is handled by Stripe, Inc. My Orby never receives or stores your full credit card number, CVV, or other sensitive payment information. Payment data is processed directly by Stripe subject to Stripe's privacy policy.
Privacy Policy. My Orby's complete Privacy Policy, which is incorporated into these Terms by this reference, provides additional detail about My Orby's data practices and is available at /privacy.html. In the event of any conflict between the Privacy Policy and these Terms with respect to data handling, the Privacy Policy shall control.
Program name. Orby Order Receipts.
Program description. Transactional SMS order-confirmation receipts sent to consumers who place pickup orders with restaurants and small businesses using My Orby. Orders are placed either by calling the restaurant's phone line (where Orby answers as the restaurant's authorized agent and takes the order verbally) or by submitting an order form on the restaurant's website. After the order is placed, one transactional SMS is sent confirming items, modifications, pickup time, order ID, and total.
Message frequency. One transactional message per completed order. The program does not send recurring or promotional messages.
Message and data rates. Message and data rates may apply, depending on the consumer's mobile plan. My Orby does not charge consumers for SMS messages.
How to opt out — reply STOP to any message at any time. Opting out is immediate and permanent for that phone number with respect to this campaign. Once opted out, no further messages will be sent. Consumers may also opt out by contacting the restaurant directly or contacting My Orby support at orbiaisolutions@gmail.com.
How to get help — reply HELP to any message for assistance, or contact the restaurant using the number the consumer originally called, or email orbiaisolutions@gmail.com.
Consent. Consent is given at the time the order is placed. By placing a phone or website order, the consumer agrees to receive a single transactional SMS confirming that order. No double opt-in is required because the SMS is purely transactional and customer-initiated. Consumers are notified that an SMS receipt will be sent.
Carrier compliance. This messaging program is registered with The Campaign Registry under the U.S. carriers' A2P 10DLC framework and complies with the Telephone Consumer Protection Act (TCPA) and the CTIA Messaging Principles and Best Practices. Carriers (AT&T, T-Mobile, Verizon, and others) are not liable for delayed or undelivered messages.
Support contact. orbiaisolutions@gmail.com — for any questions about SMS messages received from this program.
Integrated Third-Party Services. The Software integrates with or relies upon third-party services to deliver certain functionality. These third-party services are provided by independent companies and are subject to their own terms of service and privacy policies, which are separate from and not governed by these Terms.
Anthropic API. Orby's AI conversation capabilities are powered by Anthropic, PBC's Claude AI model via Anthropic's API. Use of Orby's AI features constitutes your use of Anthropic's API subject to Anthropic's usage policies and privacy policy, available at anthropic.com. My Orby is not affiliated with Anthropic beyond its status as an API customer.
Microsoft Edge TTS. Orby's voice output is provided via Microsoft's Edge Text-to-Speech technology. Use of voice features is subject to Microsoft's applicable terms of service.
Optional Module Third-Party Services. Certain optional paid modules may integrate with additional third-party services, which may include but are not limited to OpenAI, LLC; Meshy.ai; Runway ML; and other service providers. My Orby will disclose applicable third-party service integrations at the time of module purchase. Use of any module that integrates a third-party service constitutes your acceptance of that third-party's terms and privacy policy.
No Responsibility for Third Parties. My Orby does not control, operate, or warrant the availability, accuracy, reliability, or continued operation of any third-party service. My Orby is not responsible for: (a) any interruption, degradation, or discontinuation of any third-party service; (b) any change in pricing, terms, or availability of any third-party service; (c) any data handling practices of any third-party service; or (d) any harm arising from your use of or reliance on any third-party service. If a third-party service becomes unavailable or changes in a way that affects the Software's functionality, My Orby will use commercially reasonable efforts to provide an alternative where feasible, but makes no guarantee of doing so.
Stripe. Payment processing is handled by Stripe, Inc. Your use of the payment functionality constitutes acceptance of Stripe's terms of service and privacy policy.
Some jurisdictions do not allow the exclusion of certain implied warranties. If you are located in such a jurisdiction, some of the above exclusions may not apply to you, and you may have additional rights. In such cases, My Orby's warranties are limited to the minimum extent permitted by applicable law.
You assume all risk associated with the installation and use of the Software, including the risk of data loss. My Orby strongly recommends maintaining regular backups of all important data stored on your device.
PLEASE READ THIS SECTION CAREFULLY. IT LIMITS MY ORBY'S LIABILITY TO YOU AND AFFECTS YOUR LEGAL RIGHTS.
This limitation of liability applies to all causes of action in the aggregate, not per claim. Multiple claims shall not expand this limitation. The parties acknowledge that the pricing and terms of the Software reflect this allocation of risk and limitation of liability, and that My Orby would not have made the Software available on these terms without these limitations.
Some jurisdictions do not allow the exclusion or limitation of certain types of damages. If you are located in such a jurisdiction, some of the above limitations may not apply to you. In such cases, My Orby's liability is limited to the maximum extent permitted by applicable law.
To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless My Orby and its owner, affiliates, officers, employees, contractors, agents, licensors, and suppliers from and against any and all claims, demands, actions, suits, proceedings, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
(a) Your access to or use of the Software or Service;
(b) Your violation of any provision of these Terms;
(c) Your violation of any applicable law, rule, or regulation, including any professional licensing laws or regulations;
(d) Your infringement, misappropriation, or violation of any third-party rights, including intellectual property rights, privacy rights, or publicity rights;
(e) Any action or decision made by you in reliance on AI-generated content produced by Orby;
(f) Any professional advice given by you to third parties using information derived from Orby;
(g) Any data you store, process, or transmit through the Software; or
(h) Any dispute between you and any third party related to your use of the Software.
My Orby reserves the right, at its own expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with My Orby's defense of such claim and shall not settle any such claim without My Orby's prior written consent.
THIS SECTION CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES YOU TO RESOLVE MOST DISPUTES WITH MY ORBY THROUGH BINDING INDIVIDUAL ARBITRATION RATHER THAN COURT PROCEEDINGS. IT ALSO INCLUDES A CLASS ACTION WAIVER. PLEASE READ THIS SECTION CAREFULLY.
Agreement to Arbitrate. Except as provided below, you and My Orby agree that any and all disputes, claims, or controversies arising out of or relating to these Terms, the Software, the Service, or your relationship with My Orby — including but not limited to disputes concerning the validity, interpretation, performance, breach, or termination of these Terms; disputes concerning the purchase, licensing, use, or quality of the Software; disputes concerning payment, refunds, or billing; disputes arising from AI-generated content produced by Orby; and disputes concerning violations of any statute, regulation, or common law — shall be resolved exclusively through final, binding arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules in effect at the time of the dispute, rather than in any court or tribunal. The AAA's Consumer Arbitration Rules are available at adr.org.
Arbitration Procedure. Either party may initiate arbitration by sending a written notice of dispute to the other party describing the claim in reasonable detail and the relief sought. You must send any notice of dispute to orbiaisolutions@gmail.com. After delivery of the notice, the parties shall make a good-faith effort to resolve the dispute informally for a period of thirty (30) days. If the dispute is not resolved informally within that period, either party may commence arbitration.
Arbitration Location and Format. The arbitration shall be conducted on a documents-only basis or via telephone or video conference unless either party requests an in-person hearing or the arbitrator determines that an in-person hearing is necessary. If an in-person hearing is required, it shall be held in a location that is reasonably convenient for both parties. My Orby will pay all AAA filing fees and arbitrator fees for claims that do not exceed ten thousand dollars ($10,000), provided the claim is not determined by the arbitrator to be frivolous.
Arbitrator Authority. The arbitrator shall have exclusive authority to resolve all threshold questions concerning the arbitrability of any dispute, the interpretation of this arbitration agreement, the scope of this arbitration agreement, and the enforceability of any provision of this arbitration agreement. The arbitrator shall have authority to grant any remedy that would otherwise be available from a court of competent jurisdiction, subject to the limitations of liability set forth in Section 11. The arbitrator's award shall be final and binding on both parties.
Governing Rules. The arbitration shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., and the AAA Consumer Arbitration Rules. Where the AAA Consumer Arbitration Rules conflict with the Federal Arbitration Act, the Federal Arbitration Act shall control.
Waiver of Jury Trial. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND MY ORBY EACH IRREVOCABLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS, THE SOFTWARE, THE SERVICE, OR THE RELATIONSHIP BETWEEN YOU AND MY ORBY.
Small Claims Exception. Notwithstanding the foregoing agreement to arbitrate, either party may bring an individual claim in a small claims court of competent jurisdiction for disputes that qualify under that court's jurisdictional limits, provided the claim remains in small claims court and is not removed, transferred, or appealed to a court of general jurisdiction.
Injunctive Relief. Notwithstanding the foregoing, either party may seek emergency injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights or to prevent irreparable harm, pending the resolution of a dispute through arbitration.
Limitation on Claims. Any claim or dispute arising under these Terms must be brought within one (1) year of the date on which the claim or dispute arose, regardless of any statute of limitations that might otherwise apply. Failure to bring a claim within this period shall permanently bar the claim.
The class action waiver in this Section 14 is an essential and non-severable part of the arbitration agreement in Section 13. If the class action waiver is found to be unenforceable for any reason, the entire arbitration agreement in Section 13 shall be null and void and any dispute shall be resolved by a court of competent jurisdiction rather than through arbitration, but the class action waiver shall still apply to any court proceedings to the fullest extent permitted by law.
You acknowledge that you are waiving a potentially valuable right to participate in class litigation. You understand that your damages in any dispute with My Orby may be modest and that, as an individual claimant, the cost of bringing an individual action may exceed your potential recovery. My Orby considers this allocation of risk to be a fair and necessary condition of offering the Software at the prices described on the My Orby website.
Nothing in this class action waiver affects your right, where applicable, to file a complaint with a governmental or regulatory body.
These Terms, and all disputes arising out of or related to these Terms, the Software, or the Service, shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any other jurisdiction.
To the extent any claim or dispute is not subject to arbitration under Section 13 (including any action in small claims court or seeking emergency equitable relief), you and My Orby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the state and federal courts located in the State of Florida, and you waive any objection to such jurisdiction or venue on the grounds of inconvenient forum or otherwise.
The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
My Orby reserves the right to modify, update, or revise these Terms at any time. When My Orby makes changes to these Terms, it will update the "Last Updated" date at the top of this page and will provide notice to active users via (a) email to the address associated with your account, or (b) an in-app notification displayed when you next use the Software, or (c) both methods, at My Orby's discretion.
Notice Period. For material changes to these Terms that expand My Orby's rights or reduce your rights in a meaningful way, My Orby will provide no less than thirty (30) days advance notice before the changes take effect. Non-material changes — such as clarifications, corrections of typographical errors, updates to contact information, or changes required by law — may take effect immediately upon posting.
Acceptance of Changes. Your continued use of the Software or Service after the notice period has expired and the updated Terms have taken effect constitutes your binding acceptance of the modified Terms. If you do not agree to the modified Terms, you must cease all use of the Software and Service before the changes take effect. You may request a refund of your most recent monthly service fee paid after the notice date if you cancel and cease all use before the new Terms take effect, at My Orby's sole discretion.
It is your responsibility to review these Terms periodically to stay informed of any updates. You may always find the current Terms at the URL where you are reading this document.
Termination by My Orby. My Orby may, in its sole discretion and without prior notice, suspend or permanently terminate your license and all access to the Software and Service immediately upon: (a) your material breach of any provision of these Terms, including but not limited to the prohibited uses in Section 7, the license restrictions in Section 2, or the intellectual property provisions of Section 3; (b) your failure to pay any fees when due; (c) your use of the Software in a manner that My Orby reasonably believes poses a risk to My Orby, other users, or third parties; or (d) as required by applicable law or regulation. In cases of less serious violations, My Orby may, but is not obligated to, provide you with notice and an opportunity to cure the breach before terminating your license.
Effect of Termination by My Orby for Cause. If My Orby terminates your access for cause, you will not be entitled to any refund of subscription fees previously paid. My Orby may, at its sole discretion, provide a partial refund in cases where termination is not directly caused by your misconduct.
Termination by You. You may terminate your relationship with My Orby at any time by: (a) canceling your monthly service subscription in accordance with Section 6; and (b) uninstalling the Software from all devices on which it has been installed. Your obligations under Sections 3 (Intellectual Property), 4 (AI Disclaimer), 11 (Limitation of Liability), 12 (Indemnification), 13 (Arbitration), 14 (Class Action Waiver), and any other provisions that by their nature survive termination, shall survive any termination or expiration of these Terms.
Data Upon Termination. Upon termination or expiration of your license for any reason, you are solely responsible for backing up and preserving any data stored locally on your device by the Software. My Orby has no obligation to preserve, provide, or return any data following termination.
Severability. If any provision of these Terms is found by a court or arbitrator of competent jurisdiction to be invalid, illegal, unenforceable, or contrary to applicable law, that provision shall be limited or eliminated to the minimum extent necessary so that the remaining provisions of these Terms continue in full force and effect and remain valid, binding, and enforceable. The parties agree that if a court or arbitrator finds a provision invalid or unenforceable but would be valid and enforceable if modified, the parties request that the court or arbitrator modify the provision to make it enforceable to the maximum extent permitted by law.
Entire Agreement. These Terms, together with the Privacy Policy (available at /privacy.html), the Refund and Cancellation Policy (available at /refund.html), and any order confirmation or invoice you receive from My Orby, constitute the entire agreement between you and My Orby with respect to the Software and Service, and supersede all prior and contemporaneous agreements, understandings, negotiations, representations, and proposals, whether written or oral, between you and My Orby relating to the subject matter hereof.
No Waiver. My Orby's failure to enforce any right or provision of these Terms shall not be deemed a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of My Orby to be effective.
No Assignment. You may not assign, transfer, or delegate your rights or obligations under these Terms, in whole or in part, without the prior written consent of My Orby, and any attempted assignment without such consent shall be null and void. My Orby may freely assign these Terms and its rights and obligations hereunder without restriction.
Headings. Section headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
Relationship of the Parties. The parties are independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, agency, employment, or fiduciary relationship between you and My Orby.
Force Majeure. My Orby shall not be liable for any failure or delay in performance under these Terms to the extent such failure or delay results from causes beyond My Orby's reasonable control, including but not limited to acts of God, war, civil unrest, pandemic, governmental action, internet infrastructure failures, or third-party service outages.
If you have questions about these Terms, if you wish to report a violation of these Terms, or if you need to communicate with My Orby regarding a legal matter, please contact us at:
My Orby
Email: orbiaisolutions@gmail.com
For privacy-related inquiries: orbiaisolutions@gmail.com
For legal notices: orbiaisolutions@gmail.com (Attn: Legal)
My Orby will use reasonable efforts to respond to your inquiry within a reasonable time. However, contacting My Orby does not toll any applicable deadlines or limitation periods.
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