Orbit

Terms of Service

Orbit Audio, Inc. · Effective Date: May 16, 2026 · Last Updated: May 16, 2026

These Terms of Service (“Terms”) form a legally binding agreement between you and Orbit Audio, Inc. (“Orbit,” “we,” “us,” or “our”), governing your use of the Orbit mobile application and any related services, websites, and content we provide (collectively, the “Service”). By creating an account or otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 13 years old to use the Service, and at least 18 years old (or the age of legal majority in your jurisdiction) to enter into these Terms on your own behalf. If you are between 13 and 18, you may only use the Service with the involvement of a parent or legal guardian who agrees to be bound by these Terms. By using the Service, you represent and warrant that you meet these requirements and that you have the right and authority to enter into these Terms.

2. Your Account

To use the Service, you must create an account by providing a valid mobile phone number and verifying it with a one-time code we send via SMS. You agree to:

  • provide accurate, current, and complete information;

  • keep your account credentials secure;

  • not share your account with anyone else;

  • be responsible for all activity that occurs under your account; and

  • notify us immediately at support@askorbit.to of any unauthorized access.

We may suspend or terminate your account if any of this information is inaccurate, or if we reasonably believe you have violated these Terms.

3. License to Use the Service

Subject to your compliance with these Terms, Orbit grants you a personal, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use the Service on a mobile device that you own or control, for your own personal, non-commercial use.

You may not, and may not permit anyone else to:

  • copy, modify, distribute, sell, lease, or sublicense any part of the Service;

  • reverse engineer, decompile, or disassemble the Service, except where this restriction is prohibited by applicable law;

  • use any automated system, bot, or scraper to access the Service;

  • interfere with the operation of the Service or attempt to gain unauthorized access to it;

  • use the Service to develop a competing product or service; or

  • remove or obscure any proprietary notices on the Service.

4. User Content

The Service lets you save notes, transcripts, listening history, and similar content (“User Content”). You retain ownership of your User Content. You grant Orbit a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, and display your User Content solely for the purpose of operating and improving the Service.

You are solely responsible for your User Content and represent that you have all rights necessary to grant the license above. You agree not to submit content that is unlawful, infringing, defamatory, obscene, or that violates the rights of any third party.

5. Voice and Microphone Features

The Service includes an on-device wake-word detector and a voice agent powered by OpenAI’s Realtime API. When you say the wake phrase (“Orbit”) or tap the microphone button, short audio clips of your speech are streamed to OpenAI for processing. You acknowledge that:

  • you should not use the voice agent to share confidential, sensitive, or regulated information (e.g., medical, financial, or legal information about identifiable individuals);

  • responses from the voice agent are generated by AI and may be inaccurate, incomplete, or out of date; you should independently verify any information before relying on it;

  • OpenAI’s use of voice data is governed by OpenAI’s terms and privacy policy; and

  • you are responsible for ensuring you have the right to record any voices captured by the microphone, including third parties around you.

6. Third-Party Content and Services

Orbit lets you access podcasts and other audio content provided by third parties (“Third-Party Content”) and integrates with third-party services such as Twilio, OpenAI, and Apple. We do not own, control, endorse, or assume responsibility for Third-Party Content or third-party services. Your access to or use of them is at your own risk and may be subject to additional terms imposed by the third party.

7. Apple App Store Terms

If you accessed the Service through the Apple App Store, you acknowledge that:

  • these Terms are between you and Orbit only, not with Apple, and Apple is not responsible for the Service or its content;

  • Apple has no obligation to provide maintenance or support for the Service;

  • Apple is not responsible for addressing any claims by you or any third party relating to the Service, including product liability, regulatory non-compliance, or consumer-protection claims;

  • in the event of any failure of the Service to conform to an applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation; and

  • Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.

8. SMS Messages

By providing your mobile number, you consent to receive transactional SMS messages from Orbit for account verification. Message frequency is one per sign-in attempt. Message and data rates may apply. Reply STOP to opt out (this disables SMS sign-in) or HELP for help. See our Privacy Policy for full details.

9. Fees

The Service is currently free to use. If we introduce paid features, we will give you advance notice and an opportunity to review the applicable pricing and terms before you incur any charge.

10. Termination

You may stop using the Service or delete your account at any time. We may suspend or terminate your access to all or part of the Service, with or without notice, if we reasonably believe you have violated these Terms, if required by law, or if we discontinue the Service. Sections 4 (limited to the license you grant), 11, 12, 13, 14, 15, and 16 will survive any termination.

11. Disclaimers

The service is provided “as is” and “as available,” without warranty of any kind. To the maximum extent permitted by law, Orbit, its officers, directors, employees, and agents disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade. We do not warrant that the service will be uninterrupted, timely, secure, or error-free, that defects will be corrected, or that any content (including AI-generated responses) is accurate or reliable.

12. Limitation of Liability

To the maximum extent permitted by law, in no event will Orbit or its affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or relating to these Terms or the service, whether based on warranty, contract, tort (including negligence), or any other legal theory, and whether or not Orbit has been advised of the possibility of such damages.

In no event will Orbit’s total liability arising out of or relating to these Terms or the service exceed the greater of (a) the amount you paid Orbit in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100).

13. Indemnification

You agree to defend, indemnify, and hold harmless Orbit and its officers, directors, employees, contractors, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with (a) your use of the Service, (b) your User Content, (c) your violation of these Terms, or (d) your violation of any third-party right, including any intellectual-property or privacy right.

14. Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Except for actions brought under Section 15 (Dispute Resolution), the state and federal courts located in Delaware will have exclusive jurisdiction over any disputes arising out of or relating to these Terms, and you consent to personal jurisdiction in those courts.

15. Dispute Resolution — Binding Arbitration and Class-Action Waiver

Please read this section carefully. It affects your legal rights.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service (each, a “Dispute”) will be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, except that either party may bring an individual action in small-claims court. The arbitration will be conducted in English in the United States, in a location reasonably convenient to you. Judgment on the arbitration award may be entered in any court of competent jurisdiction.

Class-action waiver. You and Orbit agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claims and may not preside over any form of representative or class proceeding.

30-day opt-out. You may opt out of this Section 15 by sending written notice to support@askorbit.to within 30 days of first accepting these Terms. Your notice must include your name, the phone number associated with your account, and a clear statement that you wish to opt out of arbitration.

16. Changes to the Service or These Terms

We may modify the Service or these Terms at any time. If we make a material change to these Terms, we will provide notice through the Service or to the contact information associated with your account. Material changes take effect on the date stated in the notice, which will be at least 7 days after the notice is sent. Your continued use of the Service after a change takes effect constitutes acceptance of the revised Terms.

17. Miscellaneous

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Orbit regarding the Service and supersede any prior agreements. If any provision of these Terms is found unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any right or provision will not be deemed a waiver. You may not assign or transfer these Terms without our prior written consent; we may assign these Terms freely. There are no third-party beneficiaries to these Terms other than as set forth in Section 7.

18. Contact Us

Orbit Audio, Inc.
3874 18th St
San Francisco, CA 94114
Email: support@askorbit.to