The agreement between you and Orbit for using our platform, apps, and website.
These Terms of Service ("Terms") govern your access to and use of the Orbit platform, mobile apps, and website (together, the "Services") provided by Orbit SA (Pty) Ltd ("Orbit", "we", "us", or "our"), a company registered in South Africa under registration number 2026/426620/07. Please also read our Privacy Policy, which forms part of these Terms.
By creating an account, or by accessing or using the Services, you agree to be bound by these Terms. If you are entering into these Terms on behalf of a business, you confirm that you have authority to bind that business, and "you" refers to that business. If you do not agree, do not use the Services. Where a Customer signs a separate written order or master agreement with us, that agreement governs to the extent it conflicts with these Terms.
You must be at least 18 years old and able to form a binding contract to use the Services. You are responsible for the accuracy of the information you provide, for keeping login credentials secure, and for all activity that occurs under your account. Notify us promptly at admin@orbitsa.co.za of any unauthorised use. A Customer is responsible for its Users' compliance with these Terms.
The Services are provided on a subscription basis according to the plan and features you select. Unless stated otherwise:
We may offer free trials, demo environments, or beta features. These are provided as-is, may change or end at any time, and may have different or reduced functionality. Any data you place in a trial or demo environment may be deleted when it ends.
You may cancel your subscription at any time from your account settings or by contacting us. Cancellation takes effect at the end of your current billing period, and you retain access until then. Except where required by law or expressly stated, fees already paid are non-refundable and we do not provide pro-rated refunds for partial periods.
As between you and Orbit, you own your Customer Data. You grant us a licence to host, process, and transmit Customer Data as needed to provide and improve the Services and as described in our Privacy Policy. Where we process personal information within Customer Data on your behalf, we act as your Operator (processor) and you act as the Responsible Party (controller).
You are responsible for:
You agree not to, and not to allow anyone to:
We may investigate suspected violations and suspend access to protect the Services or comply with law.
You are solely responsible for the communications you send through the Services and for complying with all applicable rules, including:
The Services include AI features such as transcription, summaries, suggested replies, and insights. AI output can be inaccurate, incomplete, or unsuitable for a given purpose, and does not constitute professional, legal, financial, or other advice. You are responsible for reviewing AI output before relying on or acting on it. We are not liable for decisions you make based on AI output.
The Services rely on and can connect to third-party services, such as telephony, messaging, AI, email, calendar, and payment providers. Your use of those services may be subject to their own terms, and we are not responsible for their acts, omissions, or availability. If you connect a third-party account, you authorise us to access and use it as needed to provide the Services.
The Services, including all software, design, text, and branding (excluding Customer Data), are owned by Orbit or our licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to use the Services during your subscription, subject to these Terms. All rights not expressly granted are reserved. If you send us feedback or suggestions, we may use them without restriction or obligation to you.
Each party may receive confidential information from the other. The receiving party will protect it with reasonable care, use it only to perform under these Terms, and not disclose it except to those who need to know and are bound by similar obligations, or as required by law. This does not apply to information that is public, independently developed, or lawfully obtained without a duty of confidentiality.
We work to keep the Services available and reliable, but we do not guarantee uninterrupted or error-free operation. We may modify, add, or remove features, and perform maintenance that may cause downtime. We provide support through the channels described on our website. We may deprecate features with reasonable notice where practical.
To the maximum extent permitted by law, the Services are provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will meet your requirements or that defects will be corrected. Some warranties cannot be excluded under the Consumer Protection Act or other applicable law, and nothing in these Terms limits rights that cannot lawfully be limited.
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to the Services. Our total aggregate liability arising out of or relating to these Terms will not exceed the amounts you paid to us for the Services in the twelve months before the event giving rise to the claim. These limits do not apply to liability that cannot be excluded or limited by law.
You will defend, indemnify, and hold harmless Orbit and its directors, employees, and agents from and against claims, damages, and costs (including reasonable legal fees) arising out of your Customer Data, your use of the Services, your communications with Contacts, or your breach of these Terms or of applicable law.
You may stop using the Services and terminate your account at any time as described in section 6. We may suspend or terminate your access if you materially breach these Terms, fail to pay, use the Services unlawfully, or create risk or legal exposure for us or others. On termination, your right to use the Services ends. We will make Customer Data available for a limited period for export and then delete or anonymise it in line with our Privacy Policy, unless the law requires us to keep it. Terms that by their nature should survive termination will survive.
We may update these Terms from time to time. When we make material changes, we will update the effective date and, where appropriate, notify you. Changes take effect when posted, or on the date we state. Continuing to use the Services after that means you accept the updated Terms.
These Terms are governed by the laws of the Republic of South Africa, without regard to conflict-of-laws rules. You agree to the non-exclusive jurisdiction of the South African courts for any dispute arising out of or relating to these Terms. Before starting formal proceedings, the parties will try in good faith to resolve the dispute by discussion.
These Terms, together with the Privacy Policy and any order or written agreement between us, are the entire agreement between you and Orbit regarding the Services. If any provision is found unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. We are not liable for delays or failures caused by events beyond our reasonable control. Notices to you may be sent to the email on your account, and notices to us should be sent to the address below.
Questions about these Terms can be sent to admin@orbitsa.co.za, or for legal notices, admin@orbitsa.co.za.