Orb Terms of Use
Effective as of 10.14. 2019
These Terms of Use (this Agreement) is a legal agreement between you (you) and Orb LLC (Company, we or us) for use of the Orb mobile application, the servers used by the application, the computer files stored on the servers, and all related services, features and content provided by the Company.
Below is an explanation of Orb’s policies. Read carefully and note that you must be at least 13 years old (16 if EU resident) to create an account and use Orb (the App).
1. Acceptance of terms
By creating an account, accessing, or using Orb, you acknowledge that you accept and agree to the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT ACCESS OR USE ORB. We may modify this Agreement every so often. We will notify you by email, through the App, or by presenting you with an updated version of the Agreement for you to accept. Your continued use of the App after the effective date of a new Agreement will signify your acceptance of the modified Agreement.
2. About Orb
Orb provides a way to log, monitor, and track your emotional and physical feelings and other activities. PLEASE DO NOT USE ORB FOR MEDICAL PURPOSES. The Service is intended to provide general information and content about your emotional and physical feelings, personal development, wellness, and related topics. Orb collects user-entered data points related to the emotional and physical states and activities of the user. These data points enable statistical and algorithm-based data processing to provide charts and graphs depicting overviews and insights created from your data input. The capacity and functionalities of Orb may differ based on the location in which you are using it.
3. Medical disclaimer
Orb is not a licensed medical care provider, and the App is not to replace professional medical advice, treat or manage any illness or condition. Please consult a licensed physician before making any decision or taking any action that may affect your health. Never disregard or delay seeking professional medical advice because of something you have read in connection with the App. If you think you have a medical emergency, call 911 or go to the nearest emergency room.
4. Account Creation and Eligibility
To access Orb and all of its features, please register and create an individual account (the Account). To use the Subscription Service, you must create a personal account. You will be asked to provide minimal personal information, including your name, and email address. This information will be collected and used in Agreement with our privacy policy (Privacy Policy). The process of creating an account requires explicit consent to this Agreement. Your consent is complete when you confirm by clicking the “Accept” button during initial onboarding and submit your credentials for your user account. We are not to obligated to accept any registrations, and, in our sole discretion, we may decline the creation of any account.
To create an Account and access Orb, you must be at least 13 years old (16 if EU resident). If you are under 18, you must have a parent or guardian review and accept the terms of this Agreement. By using Orb, you affirm that your parent or guardian has reviewed and approved this Agreement.
You are responsible for the security and confidentiality of your password and taking the necessary steps to ensure that no unauthorized person can have access to your Orb passwords or Account. You are additionally responsible for all activity on your Account.
5. Use of the Service
As an Orb user, you are entitled to use the services and content we provide. However, you may not copy or publish any part of the App or services. By using Orb, you permit us to use your information to improve services for all users.
On the condition that you accept this Agreement and begin using the Service, Orb grants to you a personal, non-assignable, non-exclusive, limited license (the License) to use the Software provided to you as part of the Service (the Software). As a condition of using Orb, you agree not to use the App for any purpose that is prohibited by this Agreement. You are responsible for all of your activity in connection with the App and you must abide by all local, state, national, and international laws and regulations. You agree that if you take any of the following actions, you will be breaching this Agreement, you will not or, permit anyone else to:
i. Resell, rent, lease, loan, distribute, sublicense, or otherwise transfer rights to the App.
ii. Modify, reverse engineer, decompile or disassemble the App.
iii. Copy, adapt, alter, translate, or create secondary variations of the App.
iv. Permit other individuals to use the App.v. Use or access the App to compile data that is used or usable by a competitive product or Service.
Any forbidden use will result in immediate termination of your License to use Orb.
The Software may automatically download and install updates and upgrades every so often without further notice to you. These updates are intended to improve and/or enhance the Software and the Service. You agree that we can deliver these updates and upgrades to you as part of your use of the Service.
Using the Service (and/or providing input information) does not give you any legal right, title or interest in the Service or the Software. The Service and the Software are protected by copyright, intellectual property rights, and other applicable laws.
You are solely responsible for and retain ownership of all profile information, data, messages, images, files, or other materials that you create, or otherwise add to the Service (User Content). Our Privacy Policy governs Orb’s use of User Content. By creating an Account and using the Service, you accept and agree to the Privacy Policy. Orb is not in any way liable for your User Content. We assume no liability for the deletion, corruption, or failure to store any User Content. In order to enable us to operate and improve the Service and to process and manage your User Content in line with our Privacy Policy, you hereby grant Orb a worldwide, non-exclusive, fully-paid, royalty-free license to anonymously use, create derivative works, communicate and distribute forms of your User Content, without any further notice to you and without any compensation or obligation to you.
6. Fees and Payment
To use the App, you must download it and a make purchases through the App Store. Therefore, payments, are made to the operators of the App Store and not to Orb directly. Consumer rights associated with the purchase must be in relation to the App store.
The Subscription Service is subject to a purchase of the options offered in the App Store (subscription terms are provided on a monthly or annual basis ). Ordering and payment of the Subscription Service are facilitated via in-app purchases from the App Store. The legal relationship associated with the purchase and any consumer or other rights related are allocated to the App Store and not Orb. All payment options are determined in your user account with the App Store. The payment and general terms of the App Store apply. Orb is not a party to the purchase transaction and disclaims any and all obligation, responsibility and/or liability that may arise as a result of the purchase transaction.
7. Term and Termination
You may stop using the Service at any time.
We are entitled to disable the Service or to modify the functionalities, in our sole discretion. We are also free to terminate the legal relationship to you and the Service altogether, in our sole discretion, at any time without further notice to you. We are free to suspend or terminate your use of the Service and/or your Account, if you are not complying with this Agreement or use the Service in any other way that could disrupt or falsify the Service.
When you delete your Account, all User Content and other personal information provided by you will be deleted from our servers.
8. Limitation of Liability
WE DO NOT ASSUME ANY GUARANTEE OR SPECIFIC LIABILITY AS TO THE SERVICE AND WITH REGARD TO THE PURPOSE OF YOUR USE. WE ARE NOT RESPONSIBLE IF CONSUMERS USE THE SERVICE FOR MEDICAL PURPOSES, WHICH CONTRADICT THE EXPLICIT INTENTION OF ORB. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA) THE COMPANY IS NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE APP.
9. Warranty disclaimer
The App or certain features of it may not be available in your location or may vary in locations. The App is provided “as is”, “as available” and is provided without any representations or warranties of any kind. The Company does not warrant that:
i. The App will be secure or available at any particular time or location.
ii. Any defects or errors will be corrected.
iii. Any content or Software available at or through the App is free of viruses or other harmful components.
iv. The results of using the App will meet your requirements.
Your use of Orb is at your discretion and at your own risk. Orb cannot and does not guarantee health-related improvements or outcomes. Your use of the App and any information or suggestions provided in the App are at your sole risk. We make no representation or warranty of any kind as to the accuracy of data, information, and insights that we may provide to you through the App.
10. Data Protection
Please read our Privacy Policy to learn about the use of your personal data related to Orb. By using the Service, you agree to the collection and use of personal information in accordance with our Privacy Policy.
11. Changes to the App
Every so often and without prior notice, we may change, expand and improve the Service. We may also, at any time, cease to continue operating part or all of the App or selectively disable certain features of the App. Your use of the App does not entitle you to the continued availability of the Service. Any modification or elimination of the App or any particular features will be done in our sole discretion and without any obligation or liability to you.
Questions and comments
If you have any comments or questions please feel free to contact us at connect@orbconnection.com