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., a corporation based in Canada.
When we say “Services”, we mean any product created and maintained by
Orbit Software Inc., including
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
These terms do contain a limitation of our liability.
If you violate any of the terms, we may terminate your account.
- 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
- 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.
- You must be a human. Accounts registered by “bots” or other automated methods are not
Payment, refunds, and plan changes
- 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.
- 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.
- If you would like to request a refund, please
. 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
- 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
- All of your content will be inaccessible from the Services immediately upon
- 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.
- 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.
- 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
- We reserve the right at any time to modify or discontinue, temporarily or permanently,
any part of our Services with or without notice.
- 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
- 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.
- 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.
- We take many measures to protect and secure your data through backups, redundancies, and
We use third party vendors and hosting partners to provide the necessary hardware,
software, networking, storage, and related technology required to run the Services.
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
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
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
- 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
- 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.
- 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,
- 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.
- You must not modify another website so as to falsely imply that it is associated with
the Services or the Company.
- All images and photos used for puzzles are licensed under the
. 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.
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.
If you have a question about any parts of these terms, please
Parts of our terms are adapted from
Basecamp's open-source policies
CC BY 4.0