Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Orbitra platform ("Service") operated by Orbitra ("we", "us", or "our"). By creating an account or using the Service, you agree to be bound by these Terms. If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity.

1. The Service

Orbitra is a B2B SaaS platform that provides AI-powered multi-channel outreach automation across Email, LinkedIn, and WhatsApp. The Service includes campaign management, an AI writing and reply agent, a unified inbox, analytics, and related features described at orbitra.app.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with reasonable notice where practicable.

2. Eligibility and account

You must be at least 18 years old and capable of entering into a legally binding contract to use the Service. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account. You must notify us immediately at support@orbitra.app if you suspect unauthorized access.

3. Subscription and billing

Access to the Service requires a paid subscription. Fees are charged monthly in advance via Stripe. The current pricing consists of a base plan fee plus per-slot fees for each channel account (Email, LinkedIn, WhatsApp) you add. Prices are displayed at orbitra.app/pricing and in your account settings.

Subscriptions renew automatically at the end of each billing period unless cancelled. You may cancel at any time from your account settings; cancellation takes effect at the end of the current billing period and no partial refunds are issued for unused time, except where required by applicable law. All fees are exclusive of applicable taxes, which are your responsibility.

We may change our pricing on reasonable advance notice (at least 30 days). Continued use of the Service after a price change takes effect constitutes acceptance of the new pricing.

4. Acceptable use

You agree to use the Service only for lawful B2B outreach and in compliance with all applicable laws, including anti-spam laws (e.g. CAN-SPAM, GDPR, ePrivacy Directive). You must not:

• Send unsolicited messages to individuals who have not given consent where required by law;
• Use the Service to harass, threaten, or abuse any person;
• Send messages containing false, misleading, or deceptive content;
• Use the Service for consumer (B2C) cold outreach in jurisdictions where this requires prior consent you have not obtained;
• Attempt to circumvent LinkedIn's, WhatsApp's, or any platform's terms of service in a manner that causes harm to us or to those platforms;
• Reverse engineer, decompile, or otherwise attempt to extract the source code of the Service;
• Resell or sublicense the Service to third parties without our written consent;
• Use the Service to transmit malware, viruses, or any other harmful code.

You are solely responsible for the content of the messages sent through the Service and for ensuring your outreach complies with all laws in the jurisdictions where your prospects are located. We act as a data processor for your outreach data and are not responsible for its legality or accuracy.

5. Your content and data

You retain all ownership rights in the data, content, and prospect lists you upload or generate via the Service ("Your Content"). You grant us a limited, non-exclusive licence to process Your Content solely for the purpose of providing and improving the Service. We do not sell Your Content to third parties.

You represent and warrant that you have all necessary rights, consents, and authorizations to provide Your Content to us and to send outreach messages to the individuals in your prospect lists.

6. AI-generated content

The Service uses AI models (currently Google Gemini 2.0 Flash) to generate message drafts and automated replies. AI-generated content is provided as a starting point and may contain inaccuracies. You are responsible for reviewing and approving content before it is sent where you use Guided or Manual mode. In Auto mode, you acknowledge that messages are sent automatically on your behalf and you remain responsible for their content.

7. Third-party channels and services

The Service integrates with third-party platforms including LinkedIn, WhatsApp, Gmail, Outlook, and others. Use of these integrations is also subject to those platforms' own terms of service. We are not responsible for changes to third-party APIs or platform policies that affect the availability of the Service, and no refund or service credit is owed for disruptions caused by third-party platforms.

8. Intellectual property

All rights, title, and interest in and to the Service (excluding Your Content) are and remain the exclusive property of Orbitra. Nothing in these Terms grants you any right to use our trademarks, logos, or branding without our prior written consent.

9. Confidentiality

Each party agrees to keep confidential the other party's non-public business information disclosed in connection with the Service and not to disclose it to third parties without prior consent, except as required by law.

10. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or that AI-generated content will be accurate or suitable for your purpose. Results from outreach campaigns depend on many factors outside our control and are not guaranteed.

11. Limitation of liability

To the maximum extent permitted by applicable law, Orbitra shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, goodwill, or business opportunity, arising out of or in connection with these Terms or your use of the Service, even if advised of the possibility of such damages.

Our total aggregate liability to you for any claims arising under or in connection with these Terms shall not exceed the total fees you paid to us in the 3 months immediately preceding the event giving rise to the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless Orbitra and its affiliates, officers, and employees from any claims, damages, losses, or expenses (including reasonable legal fees) arising from: (a) your use of the Service; (b) Your Content; (c) your violation of these Terms; or (d) your violation of any applicable law or the rights of any third party.

13. Termination

We may suspend or terminate your account at any time for material breach of these Terms, with written notice where practicable. Upon termination, your right to access the Service ceases immediately. You may request export of Your Content within 30 days of termination; thereafter we may delete it in accordance with our Privacy Policy.

14. Governing law and disputes

These Terms are governed by and construed in accordance with the laws of Italy, without regard to conflict of law principles. Any dispute arising out of or in connection with these Terms shall first be subject to good-faith negotiation. If unresolved, disputes shall be submitted to the exclusive jurisdiction of the courts of Italy. If you are a consumer resident in the EU, you may also have the right to submit disputes to your local courts.

15. Changes to these Terms

We may update these Terms from time to time. We will provide at least 14 days' notice of material changes by email or in-product notice before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

16. Contact

For any questions about these Terms, contact us at:

Orbitra
Email: support@orbitra.app