Legal
These Terms and Conditions govern your use of services provided by Orbit Owl Financials. Please read carefully.
Orbit Owl Financials offers DATA SERVICES that help businesses and agencies manage their performance marketing and partner programs on Supported Platforms. By using the Service, you agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you shall not (and shall not have the right to) use the Service. We reserve the right, at any time, to update and change any or all of these Terms and Conditions, in our sole discretion. If we do so, we will post the modified Terms and Conditions on www.orbitowlfinancials.com though we will notify you of any changes that, in our sole discretion, materially impact these Terms and Conditions. Continued use of the Service after any such changes have been made shall constitute your consent to such changes. If a change has a material adverse impact on you, and you have contracted and prepaid for a certain term, you may notify us within thirty (30) days after being informed of that change that you do not agree with the change. If you do so, we will delay applying the change to you until your prepaid term ends, or, at our sole discretion, allow you to cancel your account, and we will refund any prepaid amount pro rata to you. If you use the Service after your prepaid term ends, all changes will apply to you. You are responsible for regularly reviewing the most current version of these Terms and Conditions, which are currently available at: https://www.orbitowlfinancials.com. When we change these Terms and Conditions, we will modify the last revision date above.
If you are accessing and using the Service on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and Conditions.
"Account" shall mean an account to use the Service.
"Agreement" shall mean these Terms and Conditions, including any annexes thereto which form an integral part thereof and which in their totality govern your relationship with Orbit Owl Financials.
"Applicable Law" shall mean the laws of the USA.
"Authorized User" shall mean individuals who are directly accessing the Service via an online sign-up process, or individual users authorized and/or invited by you to use the Service and who you have supplied access to. Authorized Users may include your employees, consultants, contractors, agents, or other designees.
"Confidential Information" shall mean all information provided by you or us (the "Disclosing Party"), to the other party (the "Receiving Party"), whether orally or in writing, which is designated at the time of disclosure as being confidential. Confidential Information shall not include any information that is (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by the Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or its representatives; or (d) is disclosed by the Receiving Party with the Disclosing Party's prior written approval.
"Customer Content" shall mean all information and data (including text, images, photos, videos, audio, and documents) or any other content in any media and format provided or made available to Orbit Owl Financials by or on your behalf in relation to the use of the Service.
"Data" shall mean content, data, information, and Confidential Information relating to your business, including technical and commercial information concerning your, or any of your parent company's or subsidiaries' business, systems, processes, software and services.
"Intellectual Property Rights" shall mean copyrights, moral and related rights, designs, databases, trade names, business identifiers, patents, utility models, trademarks, and all other industrial and intellectual property rights, whether registered or unregistered, that subsist now or in the future, in any part of the world.
"Local Applicable Laws" shall mean all applicable local, state, national, and international laws and regulations applicable where you use the Site and/or the Service.
"Plan" shall mean one of the different subscription packages through which you can use the Service as further described on the Site.
"Service" shall mean services provided to you by Orbit Owl Financials based on the plan you have purchased at the time of subscription.
"Site" shall mean the website https://www.orbitowlfinancials.com, in addition to any sub-pages integrated within this website.
"Taxes" shall mean all taxes, assessments, charges, fees, and levies that may be levied or based upon the sale or license of goods and/or services, together with any interest, fines, and penalties imposed by any governmental authority.
"Third Party/ies" shall mean any persons, whether legal or natural, which are neither you nor Orbit Owl Financials.
2.1 To use and benefit from the Service, you must create an Account by completing a registration form, providing us with all required information, and accepting these Terms and Conditions. You agree to provide complete and accurate information upon registration and to keep such information accurate and up-to-date. You are advised to keep your login credentials strictly confidential. We shall not be held responsible for unauthorized access to your account arising from your failure to keep your login credentials safe.
2.2 If you are using the Site or Service on behalf of a legal entity, you are required to provide the name of such entity in the signup form. You shall be presumed empowered and authorized to act for and on behalf of that legal entity, and you and the legal entity shall be jointly and severally subject to this Agreement.
2.3 We reserve the right for us, our contractors, or our employees to access your Account and the information you have provided, but only for support, maintenance, servicing, security, technical or billing reasons. By sending us a support request, you grant us prior consent to access your Account for the sole purpose of answering your request and/or solving the issue.
2.4 It is your responsibility to protect your personal data and maintain the confidentiality of your user information and passwords. You are also responsible for promptly notifying Orbit Owl Financials of any unauthorized use of your account, or breach of your account information or password.
2.5 If you are a parent company or a subsidiary owned by a parent company holding a majority shareholding (51% or higher) and wish to extend this Agreement to your parent company or subsidiaries, such entities shall be governed by the terms and conditions set forth in this Agreement.
2.6 Your parent company or subsidiary(ies), as applicable, shall be deemed a Third-Party beneficiary of this Agreement with the same rights and obligations attributed to you and Orbit Owl Financials.
3.1 The extent of the Service(s) to which you may have access depends on the relevant Subscription Plan.
3.2 Updates and Functionalities. From time to time Orbit Owl Financials may apply Updates to the Service that may result in changes in appearance and/or functionality (including the addition, modification, or removal of features). Orbit Owl Financials shall provide, implement, configure, install, support, and maintain at its own cost any updates, upgrades, enhancements, improvements, releases, corrections, bug fixes, patches, and modifications to the Service (collectively, "Updates"). The Service may interoperate with Supported Platforms; if any Supported Platform ceases to make features available to Orbit Owl Financials, we may cease to provide such features to you without entitling you to a refund, credit, or other compensation.
4.1 We offer several different Subscription Plans for the Service. Information about our standard Plans can be found on our pricing page (orbitowlfinancials.com). All fees quoted on our Site are exclusive of VAT or any other Taxes that may be applicable. You may upgrade or downgrade your Subscription at any time during your Subscription Term, upon which we will apply the respective fees on a pro-rata basis.
4.2 We reserve the right to amend the Subscription Plans and/or Subscription Term, or introduce new fees, subscription levels, or charges. We will provide you with thirty (30) calendar days' written notice in advance, during which you will have the right to unsubscribe from or change your current Subscription Plan should you not agree with the amendments.
5.1 Renewal Term. Unless you actively cancel your Subscription Plan before your Subscription Term (or any subsequent Renewal Term), you will be enrolled in an automatic renewing cycle for the same term at the conclusion of the Subscription Term. This applies to all paid Subscription Plans, both monthly and annual.
5.2 We do not provide refunds. No deposits — all sales are final. For our refund policy, see https://www.orbitowlfinancials.com.
6.1 You may terminate this Agreement at any time by requesting your account to be deactivated and deleted.
6.2 Either party may terminate this Agreement, as of right and without fees or penalties, for: non-payment for these Services; any violation of Applicable Law or Local Applicable Law; failure to comply with Clause 25.2 "Acceptable Use"; failure to comply with Clause 25.4 "Fair Use"; or unavailability of Services for a period exceeding three (3) consecutive days.
6.3 In the event this Agreement is terminated for cause by you due to our uncured material breach, you shall be entitled to a pro rata refund of all fees previously advanced to us from the effective date of the termination through the end of the Subscription Term.
6.4 Your obligation to pay accrued charges and fees up to the date of termination shall survive any termination of this Agreement.
6.5 Upon expiration of the Subscription Term, or termination, your Subscription Plan shall immediately terminate.
Subject to this Agreement, Orbit Owl Financials grants you a limited, revocable, non-exclusive, non-transferable, and non-assignable license to use the Service as a software-as-a-service (SaaS) solution for enterprise and commercial use. You agree not to resell any part of the Service. You shall not transfer, lease, sub-license, modify, reverse engineer, decompile or disassemble the Site and/or any part of the Service. You shall not copy, adapt, alter, modify, translate, or create derivative works of the Service without prior written authorization of Orbit Owl Financials. You shall not use the Service for illegal purposes or for the transmission of unlawful, libelous, abusive, obscene material, or material that infringes any rights, including Intellectual Property Rights of Third Parties. Any forbidden use shall constitute a material breach of this Agreement and may prompt us, at our discretion, to immediately terminate your right to access the Service.
8.1 Except as otherwise stated herein, all rights, titles and interest in the Site and/or the Service and any content contained therein is the exclusive property of Orbit Owl Financials. Unless otherwise specified, the Service is for you and your Authorized User(s) limited use only.
8.2 You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use for commercial or public purposes any information, software, products or services obtained from the Site and/or the Service without Orbit Owl Financials' prior written approval.
8.3 All Orbit Owl Financials trademarks, trade names, service marks, logos and other Intellectual Property Rights in and to the Site and Service are proprietary to Orbit Owl Financials. Use of any marks other than as authorized in this Agreement is strictly prohibited.
8.4 In the course of performing the Service, Orbit Owl Financials will have access to some of your Data. All rights, title and interest in the Data is your exclusive property.
8.5 Orbit Owl Financials shall not modify, copy, distribute, or use your Data for commercial or public purposes except as necessary to provide the Service.
8.6 For the avoidance of doubt, Orbit Owl Financials will keep your Data confidential and maintain your Confidential Information in the strictest of confidence. Orbit Owl Financials will not disclose your Data to any unauthorized person and will only make such limited use as strictly necessary to perform the Service, in accordance with our Privacy Policy.
8.7 You acknowledge that Orbit Owl Financials may disclose any Data if required to do so by law or in good faith belief that such disclosure is necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims that any of your content violates Third Party rights; or (d) protect the rights, property, or personal safety of Orbit Owl Financials, the Site, the Service, its users, and the public.
8.8 In the event you provide Orbit Owl Financials with any feedback, suggestions, comments or improvements (collectively, "Feedback"), you grant Orbit Owl Financials a non-revocable, sub-licensable, royalty-free right and license to use, copy, disclose, license, and distribute such Feedback without obligation to you.
9.1 The Receiving Party shall hold and maintain the Disclosing Party's Confidential Information in strictest confidence for the sole and exclusive benefit of the Disclosing Party.
9.2 The Receiving Party shall restrict access to Confidential Information to those of its employees, contractors and Third Parties as is commercially and reasonably required to perform its obligations under this Agreement, provided such persons abide by written nondisclosure obligations at least as protective as those in this Agreement.
9.3 The Receiving Party shall not, without prior written approval of the Disclosing Party, use the Confidential Information for its own benefit, publication, or disclosure to others, or permit such use by others.
9.4 The Receiving Party shall return or destroy any Confidential Information and all related materials immediately upon the Disclosing Party's written request.
Orbit Owl Financials warrants and represents to you that: (a) the Service is provided in accordance with Applicable Law; (b) the Intellectual Property Rights in any material provided by Orbit Owl Financials as part of the Service do not, to the best of Orbit Owl Financials' knowledge, infringe any Third Party Intellectual Property Rights when used in accordance with this Agreement; (c) Orbit Owl Financials will only use your Data in accordance with this Agreement; and (d) Orbit Owl Financials has all necessary rights and authority to enter into the Agreement to perform the Service.
11.1 In no event shall Orbit Owl Financials, its owners, suppliers or any of their respective directors, employees, contractors and/or agents be liable to you or any Third Party for any indirect, special, exemplary, punitive or other consequential or incidental damages (including lost profits or revenue, interruption, loss of programs or other information, or any other pecuniary loss) arising from (i) your use of or access to the Service, or any content, products or services provided through the Site and/or Service, or (ii) for any failure or interruption of the transmission networks leading to a suspension of the Site and/or the Service.
11.2 In any event, Orbit Owl Financials' total maximum aggregate liability under this Agreement, or in respect of the use or exploitation of any part or all of the Service, shall not exceed the amount of the six (6) latest months of your current subscription.
12.1 Orbit Owl Financials commits to securely storing your Data during your Subscription Term and in accordance with your Subscription Plan's timeframes. All Data exceeding the stated timeframe will be routinely and permanently deleted from our systems.
12.2 You acknowledge and accept that Orbit Owl Financials does not provide archiving or backup services and may delete Data that is no longer in use and exceeds the timeframes stipulated in the applicable Subscription Plan.
13.1 You use the Internet solely at your own risk and are subject to all Local Applicable Laws. While Orbit Owl Financials has used reasonable efforts to create a secure and reliable Site and Service, Orbit Owl Financials is not responsible for the security of any information outside of its reasonable control. Orbit Owl Financials shall have no liability for interruptions or omissions in Internet, network or hosting services.
13.2 You acknowledge that the Site and/or Service are available online and may be accessible from anywhere in the world at any time. Access to and use of the Site and/or Service are at your own risk and you shall be responsible for compliance with Local Applicable Laws.
The Site and/or Service may include links to certain websites, materials, or content developed by Third Parties. Orbit Owl Financials has not reviewed all linked sites and shall not be responsible for the contents of any such Third-Party material. The inclusion of any link does not imply endorsement, and use of any such linked material shall be at your own risk.
Unless you specifically withdraw your consent by sending an email to Info@orbitowlfinancials.com, you hereby acknowledge and consent to Orbit Owl Financials making use of any of your marks, logos, and trade names to identify you as an Orbit Owl Financials customer on our Site, Service, and other marketing material. You can withdraw your consent at any time.
Actual or attempted unauthorized use of the Site and/or Service may result in criminal and/or civil prosecution. We reserve the right to view, monitor, and record activity on the Site and/or Service without notice or further permission from you to the fullest extent permitted by Applicable Law, in accordance with this Agreement.
If any provision of this Agreement is found by any court of competent jurisdiction to be unenforceable, that provision shall be enforced to the maximum extent possible, and the remainder of this Agreement shall otherwise remain in full effect.
18.1 Our Indemnification Obligations: Orbit Owl Financials agrees to indemnify, defend, and hold you harmless, including any of your subsidiaries, employees, and shareholders, from and against any Third Party claims arising from our violation of a Third Party's Intellectual Property Rights directly arising out of your use of the Service in accordance with the terms of this Agreement.
18.2 Your Indemnification Obligations: You shall indemnify, hold harmless and defend Orbit Owl Financials, including its subsidiaries, employees, and shareholders, from any Third Party liabilities, claims, costs, expenses, obligations, losses or damages arising from (i) your unauthorized use of any material obtained through the Site and Service; (ii) your use of the Site and Service not in accordance with this Agreement; and (iii) your violation of any Third Party rights.
18.3 Indemnification Procedures: The indemnified party will give the indemnifying party prompt written notice of the Third Party claim; the indemnifying party shall have full control over the defense and settlement; and the indemnified party shall provide reasonable assistance.
18.4 Infringement Remedy: If you are enjoined from using any of the Service based on a Third Party Intellectual Property Rights infringement claim covered by our indemnification obligations, then we will, at our sole expense and option, either (a) obtain for you the right to use the allegedly infringing portions; (b) modify them to render them non-infringing; or (c) replace them with non-infringing items of similar functionality. If none of the above are commercially reasonable, we will provide a prorated refund.
This Agreement is governed by and construed in accordance with the laws of the USA. The parties agree that any dispute arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the appropriate courts of the USA. Orbit Owl Financials shall retain the right, at its option, to institute proceedings in the courts of law of the country in which you reside.
You and Orbit Owl Financials waive your respective rights (if applicable) to a trial by jury relating to all claims and causes of action (including counterclaims) related to or arising out of this Agreement.
All claims between the parties related to this Agreement will be litigated individually, and you will not consolidate or seek class treatment for any claim with respect to the Service.
22.1 Our failure to enforce, at any time, any of the provisions, conditions or requirements of the Agreement shall in no way waive your obligation to comply with any of the provisions of the Agreement or our ability to enforce each and every such provision as written.
22.2 Any waiver by either party of any provision will only be effective if it is in writing and signed by an authorized officer of that party, and shall not constitute a waiver of any future obligation to comply.
Subject to obtaining our prior written consent, you may assign or delegate any of the rights or obligations arising under the Agreement. Any purported assignment without our prior written consent shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially, without notice to you.
Nothing in this Agreement shall be interpreted to create a partnership, agency, single employer, joint employer or any other type of employment relationship between the parties. Neither party will have any right, power or authority to enter into any agreement on behalf of, incur any obligation of, or otherwise bind the other party.
25.1 You are solely responsible for the Customer Content that you or Authorized Users upload, publish, display, link to, or otherwise make available via the Service. Orbit Owl Financials acts as a passive conduit for the online distribution of Customer Content. Orbit Owl Financials retains the authority to remove any Customer Content uploaded that it deems in violation of this Agreement, at its sole discretion.
25.2 Acceptable Use. You shall (i) be responsible for you and your Authorized Users' compliance with this Agreement, including the Fair Use Policy; (ii) be solely responsible for the accuracy, quality, integrity, and legality of Customer Content; (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Service; (iv) be solely responsible and liable for all activity conducted through your account; (v) promptly notify Orbit Owl Financials of any security breach; and (vi) use the Service only in accordance with applicable laws and government regulations.
25.3 You must not (a) make the Service available to anyone other than your Authorized Users; (b) sell, trade, or otherwise transfer your Seats to another party; (c) use the Service to store or transmit any content that may be infringing, defamatory, threatening, harmful, or unlawful; (d) upload any data, file, software, or link that contains a virus, Trojan horse, worm, or other harmful component; (e) attempt to reverse engineer, hack, disable, interfere with, or disrupt the Service; (f) access the Service in order to build a competitive product or copy any of its features; or (g) attempt to gain unauthorized access to the Service or its related systems.
25.4 Fair Use Policy. Orbit Owl Financials may suspend your access to the Service for abusive practices that degrade the performance of the Service for you or other customers. What is "beyond acceptable limits" is based on a reasonable standard and on the impact of the concerned activity on Orbit Owl Financials' technical infrastructure and Services.
25.5 You understand that by using the Service, you may be exposed to Third Party content, information, and mentions that might be unlawful, offensive, harmful, inaccurate or otherwise inappropriate. Orbit Owl Financials does not own, control, or review such content, and shall not be liable to you or any Third Party in relation to it.
Rights and obligations under this Agreement which by their nature are intended to survive termination, including the indemnification and liability limitation provisions, shall remain in full effect after termination or expiration of the Agreement.
27.1 We may process your personal data for the purpose of performing this Agreement. You can refer to our Privacy Policy at https://www.orbitowlfinancials.com/privacy for details on our privacy practices.
27.2 By using the Site and the Services, you acknowledge that you may collect personal information, including potentially sensitive personal information under applicable laws. You acknowledge that you act as a data controller and shall be solely responsible for obtaining any consent required from your customers.
27.3 You acknowledge, represent, and warrant that you shall comply with all Local Applicable Laws, including applicable data protection and privacy laws, and that you shall indemnify Orbit Owl Financials against any Third Party claims related to violation of such laws in your use of the Service.
27.4 You acknowledge that we act as a data processor in connection with the provision of the Services. Our obligations are set out in our Data Protection Agreement (DPA), available upon request.
If requested, we offer our annual enterprise customers the opportunity to submit suggested changes to our Terms and Conditions. If you are subscribing to an annual enterprise plan, let us know you are interested in customized terms by sending an annotated version of the existing Terms and Conditions showing your proposed changes to Info@orbitowlfinancials.com. We will implement your requested changes or reach out with any questions within seven (7) working days.
THE MATERIALS CONTAINED ON THE SITE AND SERVICES ARE PROVIDED "AS IS". OTHER THAN FOR THE EXPRESS WARRANTIES CONTAINED IN CLAUSE 10 "WARRANTIES" OF THIS AGREEMENT, ORBIT OWL FINANCIALS HEREBY MAKES NO FURTHER WARRANTIES, WHETHER EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, ORBIT OWL FINANCIALS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS SITE OR SERVICES, OR THAT THE SERVICES WILL BE ERROR-FREE OR PROVIDE CERTAIN RESULTS.
Questions about these Terms? Contact us at:
Orbit Owl Financials
1 Lawson Ln, Burlington, VT 05401
Info@orbitowlfinancials.com