Terms of Service

• OrbFit is a general wellness and fitness product. It is designed to help you build habits and pursue your fitness goals.
• OrbFit does not provide medical advice, diagnosis, or treatment. Nothing in the Service — including any AI-generated guidance, plans, or insights — is medical advice.
• No doctor-patient relationship is created by using the Service or by sharing information with it.
• We are not a HIPAA covered entity or business associate. Information you provide is governed by our Privacy Policy, not HIPAA.
• Consult a physician before changing your exercise or nutrition habits, especially if you have any medical condition or are pregnant. The Service cannot evaluate whether an activity is safe for you — only a qualified professional can.
• Stop and seek medical attention if you feel pain, dizziness, shortness of breath, or anything else that feels wrong.

IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, DIAL 911 (OR YOUR LOCAL EMERGENCY SERVICES) IMMEDIATELY. DO NOT RELY ON THE SERVICE FOR EMERGENCY ASSISTANCE.

Some features use artificial intelligence to generate guidance and responses.

• AI output can be wrong. It may contain errors, omissions, or guidance that is not appropriate for you. Treat it as software-generated suggestions, not fact.
• AI output is not medical advice (see Section 1).
• You assume the risk of relying on AI output. Use your own judgment and consult a qualified professional when in doubt.
• Usage limits. We may apply usage or rate limits to any feature, which may vary by plan and change over time.

• You must be at least 13 years old to use OrbFit (16in the EEA/UK). Purchases additionally require the legal capacity to enter a contract under the applicable app store's rules.
• Provide accurate information and keep it current.
• You are responsible for keeping your credentials secure and for activity under your account. Tell us at support@orbfitt.com if you suspect unauthorized access.
• One account per person. Do not share or transfer your account.

• You own your content. Anything you submit to the Service remains yours.
• You grant us a limited license to host, store, process (including AI processing), reproduce, and display your content solely to operate and improve the Service and to provide the features you use. This license ends when your content is deleted, subject to the timelines in the Privacy Policy.
• You are responsible for your content and must only submit content you have the right to submit.
• Feedback you send us may be used without restriction or compensation.

If you use community features, you agree to:

• No impersonation of any person or entity.
• No offensive display names, avatars, or content — nothing hateful, harassing, sexually explicit, or otherwise abusive.
• No cheating or manipulation of any competitive or progress feature.

We may rename, remove, or restrict accounts and content that violate these rules.

• How billing works.OrbFit's paid subscription is an auto-renewing in-app subscription purchased through the Apple App Store. Apple bills you; we never see your full payment card details. Your subscription renews automatically until you cancel.
• How to cancel (iOS):
  1. Open Settings on your iPhone.
  2. Tap your name at the top.
  3. Tap Subscriptions.
  4. Select OrbFit and tap Cancel Subscription.
  Cancel at least 24 hours before the end of the current period to avoid the next charge.
• Deleting the app or your account does NOT cancel your subscription. You must cancel through Apple as described above.
• Refundsare handled by Apple under Apple's policies — request them through Apple, not us.
• Price changes. We may change prices; you will receive notice through the App Store before a change affects you and can cancel first.
• Free features may change, be limited, or be discontinued at any time.

We grant you a personal, limited, non-exclusive, non-transferable, revocable license to use the Service for your own personal, non-commercial use. You agree not to:

1. Reverse engineer, decompile, or attempt to extract the source code of the Service (except where the law forbids this restriction);
2. Scrape, harvest, or bulk-extract data from the Service, or access it with bots or automated tools;
3. Circumvent rate limits, usage limits, security measures, or access controls;
4. Interfere with or disrupt the Service, or use it to abuse, harass, or harm others; or
5. Resell, sublicense, or commercially exploit the Service or its content.

The Service may rely on third-party services and on platforms you choose to connect. We do not control those services and are not responsible for their availability, accuracy, or conduct. Optional integrations are also governed by that provider's own terms. If a third-party service changes or shuts down, related features may change or stop working. See the Privacy Policy for how we share information.

• By you: delete your account in the app at any time. Deletion follows the grace period described in the Privacy Policy. Remember that deleting your account does not cancel your App Store subscription (Section 6).
• By us: we may suspend or terminate your account if you violate these Terms, abuse the Service or other users, or where required by law. Where reasonable, we will tell you why.
• Survival. Sections that by their nature should survive termination do — including Sections 4, 10, 11, 12, and 13.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT AI-GENERATED CONTENT WILL BE ACCURATE OR SUITABLE FOR YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, PROFITS, OR GOODWILL, ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE IS CAPPED AT THE GREATER OF (A) THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM AROSE, OR (B) USD $50.

NOTHING IN THESE TERMS LIMITS LIABILITY THAT CANNOT BE LIMITED BY LAW, AND NOTHING AFFECTS STATUTORY CONSUMER RIGHTS YOU HOLD IN YOUR JURISDICTION.

You agree to indemnify us against third-party claims, and the reasonable costs of defending them (including reasonable attorneys' fees), to the extent they arise from (a) content you submit, (b) your violation of these Terms, or (c) your violation of another person's rights. This does not apply to the extent a claim results from our own breach or negligence.

1. Talk to us first. Before filing any claim, email support@orbfitt.com describing the dispute. We will try in good faith to resolve it informally for 30 days. Neither of us may start formal proceedings during that window.
2. Governing law and courts. These Terms are governed by the laws of the State of New Jersey, USA, without regard to conflict-of-law rules. Any dispute not resolved informally will be brought exclusively in the state or federal courts located in New Jersey, and you and we consent to their jurisdiction.
3. Small-claims carve-out. Either of us may instead bring an individual claim in small-claims court.
4. Class-action waiver. TO THE EXTENT PERMITTED BY LAW, BOTH OF US WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION; CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. If this waiver is found unenforceable for a particular claim, it does not apply to that claim.
5. There is no arbitration clause in these Terms.

• Changes. We may update these Terms. For material changes, we will give notice in the app or by email before they take effect. Continued use after the effective date means you accept the updated Terms.
• Severability. If any provision is unenforceable, the rest remain in effect.
• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and us about the Service.
• Assignment. You may not assign these Terms. We may assign them in connection with a sale or reorganization, to a successor that must honor them.
• No waiver. Not enforcing a provision is not a waiver of it.

Paulo Batista Ferraz
Operator of OrbFit
support@orbfitt.com
New Jersey, USA