Terms of use

1. These terms

These terms are an agreement between you and Orange Finch ("we", "us") for your use of the Orbit app and this website (together, "Orbit"). By creating an account or using Orbit, you agree to them and to our Privacy policy. You must be at least [16], or the age of digital consent where you live, to use Orbit.

2. Your account

You need an account to use Orbit, with Apple, Google or an email and password. Give accurate sign-in details and keep your password and devices secure. You're responsible for activity on your account. Contact us straight away if you think someone else has accessed it.

3. Your content

Everything you add about your people belongs to you. It's stored encrypted on your devices and, if you choose, in your own iCloud. We can't see it, so we don't need, and don't take, any licence to use it.

Because only you hold the keys, you're responsible for keeping access to your devices and iCloud Keychain, and for making backups with Export if you want them. We can't recover your content if those are lost.

The people in your orbit haven't agreed to Orbit themselves. Please respect their privacy, record only what you're entitled to keep, and follow the privacy laws that apply to you.

4. Using Orbit fairly

Don't use Orbit to:

• stalk, harass, monitor or harm anyone
• break the law or anyone else's rights
• try to get around security or usage limits, including the assistant's fair-use limits
• reverse-engineer, copy, resell or overload Orbit or our servers, except where the law allows it

We may suspend accounts that break these rules.

5. Orbit Pro and payments

• Plans: Orbit is free for up to 8 people plus you. Orbit Pro is a weekly or yearly subscription, and the yearly plan starts with a 7-day free trial. Current prices are on our Pricing page and shown before you buy.
• Renewal: subscriptions renew automatically at the end of each period until you cancel. If you cancel during a free trial, you won't be charged.
• Bought in the app: Apple bills you, and Apple's terms and refund process apply. Cancel in iPhone Settings, then your name, then Subscriptions.
• Bought on this website: we bill you through RevenueCat and Stripe, in US, Australian, Canadian or New Zealand dollars, pounds or euros, depending on where you are. Cancel from your account page. [CONFIRM: web refund policy.]
• When you cancel: you keep Pro until the end of the period you've paid for. Nothing is deleted when Pro ends. You can keep viewing and editing everyone, but adding more people and Pro-only features need Pro again.
• Price changes: we'll tell you before a price change affects your subscription, and you can cancel before it applies.
• Deleting your account cancels a subscription bought on this website, but not one Apple bills. Cancel that with Apple too.

Nothing in these terms limits your rights under the Australian Consumer Law, or other consumer laws that can't be excluded.

6. The assistant (Opal)

The assistant is part of Orbit Pro, and it only runs once you turn it on. Its suggestions are generated by AI (currently OpenAI's models). They may be wrong or out of date, or simply not suit the person. Use your own judgement, especially about gifts, plans, dates and anything sensitive. Suggestions are only added to Orbit when you tap them. Fair-use limits apply, such as a daily number of requests. How assistant data is handled is explained in our Privacy policy.

7. Our app and website

We own Orbit, including its design, code, name and logo. We give you a personal, non-transferable licence to use the app on Apple devices you own or control, and to use this website, under these terms. Orbit relies on services from others, such as Apple's iCloud and the App Store, and their terms apply too. We're always improving Orbit, so features may change, and we aim to give notice before removing anything significant you've paid for.

8. Ending your use

You can stop using Orbit and delete your account at any time, in the app or on the website. Here's what each option removes. We may suspend or close an account that breaks these terms, or where the law requires it. Where it's reasonable, we'll tell you first, so you can export your content.

9. Liability

We work hard to keep Orbit reliable, but we can't promise it will always be available or error-free, or that reminders will always arrive, for example if notifications are turned off. To the extent the law allows, Orbit is provided "as is". We're not liable for indirect or consequential loss, or for losing content you didn't back up. Our total liability is limited to the amount you paid us in the 12 months before the claim. Where the Australian Consumer Law applies, our liability for failing to meet a consumer guarantee is limited to supplying the service again or paying for it to be supplied again, where the law allows that limit. [Have a lawyer review this section.]

10. Apple App Store terms

If you downloaded Orbit from the App Store:

• these terms are between you and us, not Apple, and we, not Apple, are responsible for the app and its content
• Apple has no obligation to provide maintenance or support for the app
• if the app fails to meet a warranty, you can notify Apple for a refund of the purchase price, if any, and Apple has no other warranty obligation
• Apple isn't responsible for claims about the app, including product liability, legal compliance or consumer protection claims, or for intellectual property claims
• you confirm you're not in a country subject to a US government embargo, and not on any US government list of prohibited or restricted parties
• Apple and its subsidiaries are third-party beneficiaries of these terms and may enforce them against you

Your use must also follow the App Store's Usage Rules.

11. General

These terms are governed by the laws of [Victoria], Australia, and you can bring claims in its courts or the courts where you live. If part of these terms can't be enforced, the rest still applies. We may update these terms, and we'll tell you about significant changes before they take effect. Questions? Contact us.