Terms of Service

These Terms of Service ("Terms") are a binding legal agreement between you ("Customer," "you," or "your") and Orbitr LLC ("Company," "we," "our," or "us"). When you select the agreement checkbox and start checkout or create an account, you affirmatively accept the version of these Terms identified at that time. We record your acceptance date and document version with checkout and account records. If you do not agree, do not purchase or use the Services.

1. Eligibility & Account Responsibility

You must be at least 18 years old and capable of entering into a legally binding agreement. If you are using our services on behalf of an organization, you represent and warrant that you have authority to bind them.

You are responsible for maintaining the security of your account credentials and all activities that occur under your account. Notify us immediately if you suspect unauthorized use.

2. Services Provided

We provide access to a web-based platform that uses artificial intelligence and related technologies to assist with SEO and Generative Engine Optimization workflows, including search and AI visibility analysis, evidence-backed recommendations, approved publishing updates, and verification.

We may offer optional beta features. These are provided "as is" with no guarantee of stability or accuracy. We may modify, suspend, or discontinue features, but will provide notice when reasonably practicable if a material change affects a paid service.

The current generally available platform focuses on SEO and visibility across traditional and AI search. Results vary and are not guaranteed.

2.1 AI-Powered SEO Services

• Automated keyword research and clustering based on industry and competitive signals
• On-page SEO updates
• Technical SEO audits, monitoring, and fixes
• Local SEO optimization
• Automated backlink outreach and tracking
• Competitor SEO analysis and benchmarking
• Blog content creation
• Programmatic SEO
• SEO strategy work
• LLM placement optimization

The services in Sections 2.2 and 2.3 are not included in current generally available plans. Those sections apply only when a separate written order form or legacy agreement expressly includes the service, and they remain here to preserve the obligations and protections of those agreements.

2.2 Separate-Agreement Paid Advertising Management

• Strategic direction, campaign management, and performance optimization
• Campaign creation and budget allocation across major ad platforms
• Ad copy and creative variants for testing
• Audience segmentation and targeting
• Cross-platform budget management and attribution analysis

2.3 Separate-Agreement Website Development Services

• Project planning and UX/UI design
• Web development and site deployment
• Hosting services
• Content creation (copywriting and image generation)
• Search and conversion optimization
• Testing and quality assurance
• Ongoing site maintenance

2.3.1 Website Buyout Fee. The Website Buyout Fee is a one-time fee required to transfer ownership of the Company-created website assets under Section 4.6.

3. Data Ownership and Usage

You retain ownership of all data you upload and all content generated through your authorized use of the services ("User Data"). You grant us a limited, non-exclusive license to host, copy, process, modify, transmit, and display User Data only as needed to provide, secure, support, and maintain the Services, comply with law, and follow your authorized instructions. This license ends when the data is deleted from the Services, except for restricted backups, audit records, and legally required retention. We do not use User Data to train our own general-purpose models. We retain ownership of all intellectual property related to the platform, models, and underlying systems.

You represent that you have the rights, permissions, and lawful basis needed for User Data and for the actions you instruct Orbitr to perform. You must not submit data prohibited by our Privacy Policy or use the Services to process regulated data unless a written agreement expressly permits it.

For Website Management Services expressly included in a separate written or legacy agreement, we retain ownership of all underlying code, architecture, and proprietary design/theme elements created and provided by us. Such Company-created IP is licensed to the Customer until the payment of the Website Buyout Fee (Sec. 4.6) or license revocation.

This clause expressly excludes any pre-existing Customer IP or third-party licenses/themes utilized during the service term.

4. Subscription, Billing & Cancellation

4.1 General Billing Terms

• All fees are listed in U.S. dollars unless otherwise stated.
• The checkout page or signed order form states the selected plan, billing interval, recurring price, and commitment term before purchase.
• A price displayed “per month” for a fixed-term plan is a monthly-equivalent price. Review the hosted checkout for the amount charged for each billing interval before paying.
• You authorize us to charge your selected payment method for disclosed recurring charges, renewals, applicable taxes, and outstanding balances.
• Removing or replacing a payment method does not cancel a subscription. Use the in-product billing controls or contact us.
• We may suspend or downgrade access for failed or overdue payments.
• Refunds and credits are governed by Section 4.4.

4.2 Monthly Subscriptions

• By selecting a Monthly Subscription, you agree to a month-to-month commitment.
• Monthly subscriptions renew each billing period until canceled.
• You may cancel before the next renewal through the account billing controls, the Stripe customer portal, or by emailing info@getorbitr.com.
• Unless an immediate cancellation option is expressly selected, cancellation takes effect at the end of the current paid period and access continues until then.
• You remain responsible for charges incurred before the effective cancellation date.

4.3 Quarterly, Six-Month, and Annual Subscriptions

• By selecting a Quarterly, Six-Month, or Annual Subscription, you agree to the fixed term shown at checkout.
• Unless checkout or a signed order form expressly states otherwise, the charge shown at checkout covers the selected term and is due at the start of that term.
• Fixed-term subscriptions renew automatically for another term of the same length at the then-disclosed price unless you cancel renewal before the renewal date.
• “Cancel renewal anytime” means you can stop the next automatic renewal at any time. It does not shorten the current paid term or create a prorated refund.
• Unless an immediate cancellation option is expressly selected, access continues through the current paid term after renewal is canceled.
• You remain responsible for charges incurred before the effective cancellation date and any amounts expressly due under a signed order form.

4.4 Refund & Credit Policy

• You may request a refund of an initial subscription payment within 24 hours of purchase by contacting us, unless a signed order form states a different policy.
• After that period, fees are non-refundable except where required by law or expressly stated in a written agreement.
• No credits or prorated refunds are issued for unused time, partial months, or early termination.
• Prepaid fees, including quarterly, six-month, and annual subscriptions, are non-refundable except where required by law or expressly stated in a written agreement.

4.5 Dispute Policy

Please send billing concerns or cancellation requests promptly to info@getorbitr.com.

Nothing in these Terms waives a right you may have to dispute an unauthorized or incorrect charge with your payment provider. You must not knowingly submit false information or use a payment dispute to avoid a valid payment obligation. We may suspend access while a disputed payment is reversed or investigated, subject to applicable law.

4.6 Separate-Agreement Website Buyout Plan & Transfer of Ownership

When a separate written or legacy agreement expressly includes Website Management Services, the Customer acknowledges that the Company retains ownership of website assets unless a buyout is executed. The Website Buyout Fee is determined by the following schedule based on the duration of continuous service:

• Termination/Buyout within Year 1 (Months 1–12): $6,000.00 USD
• Termination/Buyout within Year 2 (Months 13–24): $3,000.00 USD
• Termination/Buyout within Year 3 (Months 25–36): $2,000.00 USD
• Termination/Buyout after Year 4 (Month 48+): $0.00 USD (Ownership Transfer at no extra cost)

One-Time Fee: To execute the transfer of ownership, you must pay the applicable one-time Buyout Fee as calculated at the time of your request according to the schedule above.

Transfer of Assets: Upon successful payment of the Buyout Fee (or completion of the 48-month term), we will transfer the website files, database, and associated design rights to you. The Customer retains full ownership of their custom domain name, which is not transferred by us.

You will thereafter be solely responsible for hosting and maintenance.

Termination Without Buyout: If you terminate your Website Management Services without paying the Buyout Fee, all rights to the website remain with us, and we reserve the right to immediately suspend service and will take the website offline permanently after a 72-hour notice period.

5. Acceptable Use

You agree not to:

• Use the service for illegal, harmful, or fraudulent activities
• Violate intellectual property rights
• Submit malware, attempt unauthorized access, probe another customer's data, or interfere with service integrity
• Send spam, deceptive communications, or content without the rights and legally required consent
• Use the Services to make decisions about employment, credit, housing, insurance, health care, or another legally significant eligibility determination about a person
• Submit sensitive or regulated data that the selected service and written agreement do not expressly support
• Circumvent usage restrictions, rate limits, or access controls
• Reverse engineer or copy the Services except to the limited extent applicable law does not permit that restriction

We may suspend or terminate your account for violations.

6. Third-Party Services & Platform Integrations

Depending on the enabled service or a separate written or legacy agreement, our Services may integrate with Google services, CMS and publishing platforms, GitHub, AI model providers, and other third parties you authorize. We are not responsible for their availability, pricing changes, policy updates, or API modifications.

6.1 Your Platform Accounts

When you connect an account supported by your enabled service or separate written agreement, you grant us permission to access and manage that account only within the scopes you authorize. You remain responsible for compliance with each platform's terms of service, maintaining appropriate backups and permissions, and promptly disconnecting access you no longer authorize. We do not share your API credentials with other customers.

6.2 Platform Policy Compliance

You are responsible for ensuring that content published through our Services complies with applicable platform policies and laws. We may refuse to publish content that we reasonably believe violates platform policies.

6.3 Account Suspension

If a third-party platform suspends or terminates your account, we are not liable for any resulting service interruption. You agree to notify us promptly of any platform policy violations or account issues.

7. Service Availability

We strive to keep the Services available and reliable, but we do not guarantee uninterrupted service. Downtime for maintenance or outages does not entitle you to compensation.

8. AI Usage, Output & Content Responsibility

8.1 AI Disclosure

Our platform uses artificial intelligence to generate SEO and GEO content, analyze search and AI visibility, automate approved publishing updates, and provide recommendations. Features expressly included in a separate written or legacy agreement may also use AI for the operations described in that agreement. By using our Services, you acknowledge and consent to AI-powered automation.

8.2 Human Review Requirement

Orbitr presents tasks for approval unless you enable a product setting or written workflow that expressly authorizes execution without a separate approval for each action. After you approve a task or enable an authorized workflow, Orbitr may generate, publish, update, verify, and, where supported, restore content within that scope without another review step.

You are responsible for setting appropriate approval boundaries, reviewing material that requires your professional or legal judgment, maintaining current integration permissions, and monitoring completed actions. You can pause workflows or disconnect integrations using available controls.

8.3 No Guarantees

AI outputs are not guaranteed to be accurate, complete, legal, or appropriate for your specific use case. We are not liable for damages caused by reliance on AI-generated content.

8.4 AI Content Labeling

You are responsible for any disclosure requirements in your jurisdiction regarding AI-generated marketing materials.

8.5 Data and Model Training

We do not use User Data to train our own general-purpose models. Third-party AI processing is governed by our Privacy Policy, the applicable provider terms, and any data-processing agreement.

9. Support

We provide standard support via email during business hours. Premium support may be available under a separate agreement.

10. Disclaimer of Warranties

To the fullest extent permitted by law, the Services are provided "as is" and "as available." We disclaim implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee rankings, traffic, citations, revenue, uninterrupted availability, or that AI output will be accurate or suitable for your purpose. These disclaimers do not limit rights that cannot lawfully be waived.

11. Limitation of Liability

To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, exemplary, punitive, or consequential damages, or for lost profits, revenue, goodwill, or data, even if advised that such damages were possible. Orbitr's aggregate liability arising from the Services will not exceed the amount you paid Orbitr for the Services giving rise to the claim during the 12 months before the event. This section does not limit payment obligations, your misuse of the Services, indemnification obligations, or liability that cannot lawfully be limited.

12. Indemnification

12.1 Your Indemnification

You agree to defend, indemnify, and hold harmless the Company from any claims, liabilities, damages, and expenses arising from:

• Your use of the Services or User Data
• Content you provide to the platform
• Your approval settings, instructions, or use of outputs, including actions executed within scopes you authorize
• Your email marketing practices, including list quality and consent compliance
• Violations of third-party platform policies in your connected accounts
• Your violation of these Terms or applicable laws

12.2 Our Indemnification

We will defend, indemnify, and hold you harmless from third-party claims alleging that the core platform functionality (excluding User Data and AI-generated outputs) infringes intellectual property rights, subject to reasonable liability caps and provided you notify us promptly and cooperate in the defense.

13. Termination

We may suspend or terminate access for a material breach, security risk, unlawful use, nonpayment, or risk to another customer or the Services. Where the issue can reasonably be cured, we will ordinarily provide notice and an opportunity to cure. You may cancel a subscription as described in Section 4.

Upon termination, all rights granted to you cease. Data will be retained or deleted according to our data retention policy. See Section 4.6 for specific terms regarding separate-agreement Website Management Services.

14. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law rules.

Before filing a claim, each party will send a written notice describing the dispute and requested relief and allow 30 days for a good-faith resolution. Notices to Orbitr must be sent to the contact address below and to info@getorbitr.com.

Except for an eligible small-claims matter or a request for temporary relief involving unauthorized access or intellectual property, disputes will be resolved by binding individual arbitration administered by the American Arbitration Association under the rules applicable to the dispute. The arbitration may occur by video, documents, or in Dover, Delaware, unless the applicable rules or law require another location. You may opt out of arbitration by sending written notice to Orbitr within 30 days after you first accept these Terms. The notice must identify your account and state that you opt out of arbitration.

Claims may be brought only on an individual basis, not as a plaintiff or class member in a class, consolidated, representative, or private-attorney-general action, to the extent permitted by law. If the arbitration agreement is found unenforceable for a claim, the state and federal courts located in Kent County, Delaware will have exclusive jurisdiction, and each party waives a jury trial to the extent permitted by law.

15. Regulatory Compliance

15.1 Email Marketing

If a separate written or legacy agreement authorizes email marketing features, you represent and warrant that you have obtained proper consent from recipients in compliance with CAN-SPAM, GDPR, and other applicable laws. You are responsible for maintaining suppression lists and honoring unsubscribe requests.

15.2 Advertising Compliance

You are responsible for ensuring your advertising content complies with FTC guidelines, platform advertising policies, and applicable laws including truth-in-advertising requirements and required disclosures.

15.3 AI Disclosure Requirements

Certain jurisdictions may require disclosure when marketing content is AI-generated. You are responsible for understanding and complying with AI disclosure requirements in your jurisdiction and the jurisdictions where your marketing is displayed.

16. Changes to Terms & Entire Agreement

These Terms, together with any applicable written order form or legacy written services agreement, constitute the agreement between you and us. If those instruments conflict, the applicable order form or services agreement controls for service-specific scope, fees, ownership, transfer, and termination; these Terms control in all other respects. These Terms supersede prior agreements only to the extent those prior agreements do not expressly govern a service under Sections 2.2 or 2.3 or another enabled feature. We may assign these Terms as part of a merger, reorganization, financing, or sale of all or substantially all relevant assets. We may update these Terms prospectively. If a change materially reduces your rights or increases your obligations, we will provide reasonable advance notice unless law, security, or urgent service integrity requires a faster change. Continued use after the stated effective date constitutes acceptance where permitted by law.

Affiliate Program Terms

By participating in our Affiliate Program ("Program"), you agree to the following terms in addition to our general Terms of Service:

1. Eligibility

Affiliates must be at least 18 years old. We reserve the right to approve or reject any affiliate application at our sole discretion.

2. Commissions

Affiliates earn 8.5% recurring commission on all subscription payments received from referred customers. Commissions are only payable on payments that are successfully processed and not refunded or charged back. Payouts are managed through Tolt, and commissions will be credited automatically after the customer's payment clears.

3. Payouts

Payouts are issued monthly through Tolt to your connected Stripe account. A minimum payout threshold of $50 USD applies; balances under this amount will roll over to the next payout period. Affiliates are responsible for any transaction fees or taxes associated with payouts.

4. Cookie Duration

Referrals are tracked via cookies for 30 days after the initial click. If a user signs up and subscribes within that window, the affiliate will receive commission.

5. Prohibited Conduct

Affiliates may not:

• Misrepresent our products or services
• Use spam, misleading ads, or illegal practices to generate referrals
• Bid on our brand name or misspellings of it in paid search campaigns
• Self-refer (commissions cannot be earned on your own accounts)

6. Termination

We reserve the right to suspend or terminate affiliate accounts at any time for violation of these terms, fraud, or misuse of the Program. Upon termination, unpaid commissions for valid referrals will still be honored unless obtained fraudulently.

7. Changes to Program

We may modify or discontinue the Program at any time. Continued participation constitutes acceptance of updated terms.