Terms of Service
By using the orbtr.net website or subscribing to the ORBTR service (“Service”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
ORBTR reserves the right to update and change the Terms of Service from time to time without notice. Any new features that augment or enhance ORBTR (the Service, Service), including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://orbtr.net/terms
Violation of any of the terms below will result in the termination of your Account. You agree to use the Service at your own risk.
- You must be 18 years or older to use this Service.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
- You are responsible for maintaining the security of your website, account and credentials provided. ORBTR cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
Customers will access account data via an API (Application Program Interface). Any use of the API is bound by the terms of this agreement plus the following specific terms
- You expressly understand and agree that ORBTR shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ORBTR has been advised of the possibility of such damages), resulting from your use of the API.
- ORBTR reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
- The ORBTR Connect plugin is available under a GPL (General Public License).
- ORBTR is not liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ORBTR has been advised of the possibility of such damages), resulting from your use of our plugins.
Torq is a sales application offered by ORBTR.
- Torq licenses may be billed monthly, annually, or lifetime.
- Additional sub-user accounts are available for an annual fee — these fees will be prorated for the remainder of the current 12-month period and then billed along with the master account at the start of the next 12 month period.
- You expressly understand and agree that ORBTR shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ORBTR has been advised of the possibility of such damages), resulting from your use of Torq.
- ORBTR reserves the right at any time to modify or discontinue, temporarily or permanently, your access to Torq (or any part thereof) with or without notice.
- Torq subscribers receive a 14 day trial on all accounts. If you do not wish to continue with your account at the end of the 14 day trial you MUST submit your cancellation before the end of the trial period. At the end of the trial period, you WILL be billed and subject to the terms for payments and refunds outlined below.
Payment and Refunds
- A valid credit card is required for accounts.
- All services are billed in advance on a monthly or annual basis (available billing options will be clear at the time of signup) and is non-refundable. There will be no refunds or credits for partial months of service, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
- Any set-up, training or consulting engagements will be billed in advance and will not be eligible for a refund.
- An invalid, expired or declined credit card or payment may result in the suspension or termination of your account.
- All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
ORBTR Connect Partner Licenses
- ORBTR agency partners may be eligible for a complimentary ORBTR Connect license.
- Only individuals or organizations eligible to become ORBTR Certified Partners will receive free licenses.
- ORBTR reserves the right to cancel partner licenses for any reason and without warning. The parter will not be eligible for any recourse or compensation of any kind if ORBTR deems it necessary to cancel or terminate an ORBTR account.
Cancellation and Termination
- If you wish to cancel your account, please submit your request at http://orbtr.net/cancel
- Upon cancellation, any account data being stored on the Service may be deleted. This information can not be recovered once it has been deleted.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- ORBTR, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all data in your Account. ORBTR reserves the right to refuse service to anyone for any reason at any time.
Modifications to the Service and Prices
- ORBTR reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the ORBTR Site (orbtr.net) or the Service itself.
- ORBTR shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Privacy
We claim no intellectual property rights over material stored on the Service. We will not share data stored on the service, including leads and contacts, without your permission unless required by law.
- Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
- Technical support is only provided to paying account holders and is only available by submitting a support ticket (orbtr.net/support).
- You understand that ORBTR uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any ORBTR customer, employee, or officer will result in immediate account termination.
- You understand that the technical processing and transmission of the Service may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- ORBTR does not warrant that (i) the service will meet your specific requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and (v) any errors in the Service will be corrected.
- ORBTR may be used in conjunction with third party software and services. ORBTR offers no warranties or support for those software and services.
- You expressly understand and agree that ORBTR shall not be liable for any government fines, direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ORBTR has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- The failure of ORBTR to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and ORBTR and govern your use of the Service, superceding any prior agreements between you and ORBTR (including, but not limited to, any prior versions of the Terms of Service).
- Questions about the Terms of Service should be sent to email@example.com.
GDPR, Spam, and Compliance
ORBTR expects that you comply with any/all applicable laws regarding the proper use of data, the obtaining of proper consent for certain types of marketing, and maintain compliant privacy statements in accordance with GDPR (which applies to any business or organization storing information on behalf of European citizens, and NOT only Europe-based businesses) the CAN-SPAM Act, HIPAA, as well as any other present or future law that governs the use of personal data.
As you use this website, cookies will be placed on your device by our software partner, ORBTR, so that we can better understand what you are interested in on our website. This software serves the legitimate interest of helping us personalize content and better serve you as a customer. ORBTR software monitors your activity on this website (ORBTR cookies do not track your movements beyond this site) completely anonymously until such time as you voluntarily supply our company with personal information such as your name, email address, postal address, or telephone number. Methods of providing contact information may include filling out a form, making a purchase on this website, commenting on our blog, or participating in our email marketing. This information is for our company’s use only, it not used by ORBTR or their partner companies in any way except to serve our account. ORBTR will not sell/share/rent your information to any other ORBTR customers/clients, nor will they sell/share/rent your information to any third party. If you wish to opt-out of this tracking, please visit http://orbtr.net/opt-out.
We expect you to engage in regular compliance-review practices to ensure that your site and your handling of data gathered by ORBTR on your behalf is both legal and appropriate.
You expressly understand and agree that ORBTR shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, government fines, damages for loss of profits, goodwill, use, data or other intangible losses (even if ORBTR has been advised of the possibility of such damages), resulting from improper or illegal use of the data that ORBTR gathers on your behalf.
- You can not send Spam using our software.
- You may not send emails which include content that you did not create (or appropriately license).
- Emails that contain, or advertise, illegal content or services.
- Do not send sensitive personal information using email — this includes passwords, medical, legal or financial information, social security numbers, credit card numbers, etc.
- You will store data securely and appropriately manage access to data
- You will maintain GDPR-compliant privacy policies, terms and conditions, and data policies.
The safety, security, and legal use of data is always a top priority for us at ORBTR and we both expect and demand that our customers take it as seriously as we do.