Terms of service


Last updated: December 22, 2020

When we say “Company”, “we”, “our”, or “us” in this document, we are referring to Orbit Software Inc.

When we say “Services”, we mean any product created and maintained by Orbit Software Inc., including Puzzle Panda.

When we say “you” or “your”, we are referring to the people that own an account with one or more of our Services.

We may update these Terms of Service at any point in the future.

When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That's true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These terms do contain a limitation of our liability.

If you violate any of the terms, we may terminate your account.

Account terms

  1. You must not share your login credentials with anyone. You are responsible for maintaining the security of your account and password. The Company cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
  2. You are responsible for all content posted and activity that occurs under your account. That includes content posted by others who may have access to your account.
  3. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.

Payment, refunds, and plan changes

  1. If you are using a free version of one of our Services, it is really free: we do not ask you for your credit card and — just like for customers who pay for our Services — we do not sell your data.
  2. If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. If you downgrade back to the free plan, you will no longer be charged starting from the next billing cycle.
  3. If you would like to request a refund, please reach out . Refunds are processed on a case by case basis. Under certain circumstances, you may only receive a partial refund, depending on your use of the Service.

Cancellation and termination

  1. You are solely responsible for properly cancelling your account. Within each of our Services, we provide a simple cancellation link. If you need help cancelling your account, you can always contact us .
  2. All of your content will be inaccessible from the Services immediately upon cancellation.
  3. 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. We do not automatically prorate unused time in the last billing cycle.
  4. We have the right to suspend or terminate your account and refuse any and all current or future use of our Services for any reason at any time. Suspension means you will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time.
  5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Company employee or officer will result in immediate account termination.

Modifications to the service and prices

  1. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
  2. Sometimes we change the pricing structure for our products. When we do that, we may exempt existing customers from those changes. If we choose to not exempt existing customers, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

Security, privacy, and uptime

  1. Your use of the Services is at your sole risk. We provide these Services on an “as is” and “as available” basis. We do not offer service-level agreements for most of our Services but we do take uptime of our applications seriously.
  2. We reserve the right to temporarily disable your account if your usage significantly exceeds the average usage of other customers of the Services. Of course, we'll reach out to the account owner before taking any action except in rare cases where the level of use may negatively impact the performance of the Service for other customers.
  3. We take many measures to protect and secure your data through backups, redundancies, and encryption.
  4. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services.

  5. When you use our Services, you entrust us with your data. We take that trust to heart. You agree that Orbit Software Inc. may process your data as described in our Privacy Policy and for no other purpose. We as humans can access your data for the following reasons:

    • To help you with support requests you make. We'll ask for express consent before accessing your account.
    • On the rare occasions when an error occurs that stops an automated process partway through. We get automated alerts when such errors occur. When we can fix the issue and restart automated processing without looking at any personal data, we do. In rare cases, we have to look at a minimum amount of personal data to fix the issue. In these rare cases, we aim to fix the root cause as much as possible to avoid the errors from reoccurring.
    • To safeguard Orbit Software Inc. We'll look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole.
    • To the extent required by applicable law. As a Canadian company with data infrastructure located in Canada and the US, we only preserve or share customer data if compelled by a legally binding order. If Orbit Software Inc. is audited by a tax authority, we only share the bare minimum billing information needed to complete the audit.

Copyright and content ownership

  1. We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Service.
  2. The names, look, and feel of the Services are copyright to the Company. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design elements without express written permission from the Company.
  3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.
  4. You must not modify another website so as to falsely imply that it is associated with the Services or the Company.
  5. All images and photos used for puzzles are licensed under the Unsplash License . We do not maintain ownership over any of these images, but we are granted permission to use them by that license.

Features and bugs

We design our Services with care, based on our own experience and the experiences of customers who share their time and feedback. However, there is no such thing as a service that pleases everybody. We make no guarantees that our Services will meet your specific requirements or expectations.

We also test all of our features extensively before shipping them. As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don't guarantee completely error-free Services.

Liability

You expressly understand and agree that the Company shall not be liable, in law or in equity, to you or to any third party for any direct, indirect, incidental, lost profits, special, consequential, punitive or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Services; (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 Services; (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 this Terms of Service or the Services, whether as a breach of contract, tort (including negligence whether active or passive), or any other theory of liability.

Contact

If you have a question about any parts of these terms, please contact us .

Parts of our terms are adapted from Basecamp's open-source policies / CC BY 4.0