TERMS AND CONDITIONS FOR ORBITON INC. AI CHATBOT
Effective Date: April 1, 2025
Welcome to the AI chatbot (the “Chatbot”) provided by Orbiton Inc. (“Orbiton,” “we,” “us,” or “our”), and made available through the website(s) or online platforms of our public company partners (“Public Company Partner,” collectively “Public Company Partners”). By using this Chatbot, you agree to be bound by these Terms and Conditions (the “Terms”). If you do not agree to these Terms, you must not use the Chatbot.
1. Acceptance of Terms
1.1 Binding Agreement
By accessing or using the Chatbot, you confirm that you have read, understand, and agree to be bound by these Terms, as well as our Privacy Policy (which incorporates cookie usage and data protection practices). If you do not agree with these Terms, you may not use the Chatbot.
1.2 Changes to Terms
We may modify these Terms at any time. Any changes will be effective immediately upon posting the updated Terms. Your continued use of the Chatbot after we publish changes indicates your acceptance of the revised Terms.
2. Use of the Chatbot
2.1 Purpose
The Chatbot is an automated platform powered by artificial intelligence. It can provide information, answer questions, and generate responses. It is provided for informational and convenience purposes only and does not constitute professional advice (including but not limited to legal, financial, or investment advice).
2.2 User Responsibilities
- You understand that any reliance on information produced by the Chatbot is at your own risk.
- You agree that you will not use the Chatbot in a manner that is unlawful, harmful, or violates any third-party rights.
- You will not attempt to copy, reverse-engineer, or otherwise misuse any part of the Chatbot’s functionality.
2.3 Age Restriction
You must be at least the age of majority in your jurisdiction (18 years old in most regions) to use the Chatbot.
3. Data Collection and Cookies
3.1 Data Collection
- When you use the Chatbot, we may collect certain data, including but not limited to text inputs, time and date of interactions, and any other data you voluntarily provide. This data is used to improve the Chatbot’s performance, provide customer support, and enhance user experience.
- The collection and use of your data is governed by our Privacy Policy. By using the Chatbot, you acknowledge that you have read and understood our data practices.
3.2 Cookies
- We may use cookies or similar tracking technologies to gather information about how you use the Chatbot and the website(s) or platform(s) on which it is hosted, in line with the applicable Public Company Partner’s cookie policy and our own practices.
- These cookies may include:
- Analytics Cookies: Used to analyze web traffic and improve the Chatbot and website performance.
- Preference Cookies: Remember your preferences (e.g., language settings).
- Session Cookies: Maintain an active browsing session and store temporary information.
- You can set your browser to refuse cookies; however, some features or the Chatbot’s functionality may not work properly if you do so.
4. Privacy and GDPR Compliance
4.1 Controller
For the purposes of the EU General Data Protection Regulation (“GDPR”), Orbiton Inc. (based in Delaware, with its head office at #1253, 100 Pine Street, San Francisco, CA 94111, USA) is the data controller of the personal information processed by the Chatbot.
4.2 Personal Information
- Personal Information (e.g., name, email, IP address) provided or collected in connection with your use of the Chatbot will be processed according to our Privacy Policy.
- We will only use and share your Personal Information for the purposes described therein.
4.3 Your Rights
- Depending on your location, you may have rights under the GDPR or other applicable data protection laws. These may include the right to access, correct, erase, restrict, or object to the processing of your personal data.
- To exercise any data protection rights, please contact us at: info@orbiton.app.
5. No Warranties and Release of Liability
5.1 No Warranty
- The Chatbot is provided on an “AS IS” and “AS AVAILABLE” basis without warranties of any kind, express or implied.
- We do not guarantee the accuracy, reliability, or completeness of any response generated by the Chatbot. The Chatbot’s output may contain errors or omissions, or may not be up to date.
5.2 Disclaimer of Liability
- Orbiton Inc. and any Public Company Partner (including their shareholders, directors, officers, employees, agents, and affiliates) shall not be held liable for any damages, losses, or liabilities arising out of or related to your use of (or inability to use) the Chatbot, including:
- Reliance on any information provided by the Chatbot.
- Errors or inaccuracies in the Chatbot’s output.
- Interruption or cessation of transmission to or from the Chatbot.
- This disclaimer of liability applies to any direct, indirect, incidental, special, consequential, or punitive damages, whether in contract, tort, negligence, strict liability, or otherwise, even if we have been advised of the possibility of such damages.
5.3 Third-Party Content and Links
If the Chatbot provides links or references to third-party websites or services, these are provided solely as a convenience. We are not responsible for the content, terms, or practices of any third-party site.
5.4 Public Company Partner Liability Disclaimer
The Chatbot is operated exclusively by Orbiton Inc., independent of any Public Company Partner. Public Company Partners do not control, verify, or endorse any information provided by the Chatbot, nor do they assume any responsibility or liability for any statements, claims, inaccuracies, or omissions made by the Chatbot. Users expressly agree not to hold any Public Company Partner liable for any content or interactions originating from or associated with the Chatbot. All liability for Chatbot communications rests solely with Orbiton Inc.
6. Indemnification
You agree to indemnify, defend, and hold harmless Orbiton Inc., the Public Company Partner, and their respective officers, directors, employees, agents, affiliates, and assigns from any and all claims, liabilities, damages, losses, costs, or expenses (including legal fees) arising out of or in connection with your use of the Chatbot, any data or content you provide, or your breach of these Terms.
7. Intellectual Property
7.1 Ownership
- All content and materials available through the Chatbot, including but not limited to text, software code, designs, images, trademarks, and logos, are owned by or licensed to Orbiton Inc. or the Public Company Partner, unless otherwise stated.
- Your use of the Chatbot does not grant you any right or license to use any trademarks, logos, or materials displayed in the Chatbot.
7.2 License to Use
- We grant you a limited, non-exclusive, non-transferable, revocable license to use the Chatbot for personal or internal business purposes in accordance with these Terms.
- You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Chatbot or access to the Chatbot without our express written permission.
8. Termination
We reserve the right, at our sole discretion, to terminate or suspend your access to the Chatbot without notice if you violate these Terms or if we deem it necessary to protect our rights, property, or safety (or that of third parties).
9. Governing Law and Dispute Resolution
9.1 Governing Law
These Terms and any dispute arising from them or the Chatbot’s use shall be governed by and construed in accordance with the laws of the State of Delaware, USA, without regard to its conflict of law provisions.
9.2 Dispute Resolution
Any disputes arising under or in connection with these Terms shall be resolved through binding arbitration in the State of Delaware (or another mutually agreeable location), unless otherwise required by law.
10. Miscellaneous
10.1 Severability
If any provision of these Terms is found by a court of competent jurisdiction to be invalid or unenforceable, the remainder of these Terms shall remain in full force and effect.
10.2 No Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
10.3 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Orbiton Inc. regarding your use of the Chatbot and supersede all prior or contemporaneous agreements, representations, and understandings.
10.4 Contact Us
If you have any questions or concerns about these Terms or the Chatbot, please contact us at:
Orbiton Inc.
#1253, 100 Pine Street
San Francisco, CA 94111
USA
info@orbiton.app
By using the Chatbot, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.