Terms of Use

1. These terms

These terms are an agreement between Darko Bros Ltd ("we", "us"), registered in England and Wales with company number 16084920 and registered office at 20 Wenlock Road, London, England, N1 7GU, and the organisation whose behalf you use Orbit on (the "Customer"). By using the Service you accept these terms on the Customer's behalf.

The Service is provided to organisations for business purposes, not to consumers.

2. The Service

Orbit (the "Service") is a tool for recording, mapping and visualising people and the relationships between them within projects managed by the Customer.

3. Accounts

Accounts are created by invitation. You must keep your login credentials confidential, and the Customer is responsible for activity that happens under its users' accounts. Tell us promptly at info@orbit-app.co if you believe an account has been accessed without authorisation.

4. Acceptable use

You must not:

• use the Service for anything unlawful, or add content you have no right to add;
• attempt to gain access to accounts, organisations or data that are not yours;
• interfere with or disrupt the operation or security of the Service.

The Customer is responsible for ensuring it has a lawful basis under data protection law for any personal data it adds to the Service.

5. Customer content

The Customer owns the content it adds to the Service. The Customer grants us the licence we need to host, process and display that content, solely to provide the Service. We do not use Customer content for any other purpose, and it is not used to train AI models.

6. Our intellectual property

The Service, including its software and design, belongs to us or our licensors. These terms do not transfer any of that to the Customer.

7. Data protection

This section is the data processing agreement required by Article 28 of the UK GDPR. It applies to personal data contained in Customer content ("Customer Personal Data"). For that data the Customer is the controller and we are the processor.

Details of processing. Subject matter: provision of the Service. Duration: the period the Customer uses the Service. Nature and purpose: hosting, storage, display and, where the Customer uses the import feature, analysis of submitted document text. Types of data: names, roles, biographical information, images, relationship information and the content of imported documents. Data subjects: individuals whose information the Customer adds to the Service.

Our obligations. We will:

• process Customer Personal Data only on the Customer's documented instructions, which these terms and the Customer's use of the Service constitute;
• ensure people processing the data are bound by confidentiality;
• apply appropriate technical and organisational security measures;
• assist the Customer, where reasonably needed, with data subject requests and with its security and breach-notification obligations;
• notify the Customer without undue delay after becoming aware of a personal data breach affecting Customer Personal Data;
• delete Customer Personal Data when the agreement ends, unless the law requires us to keep it;
• make available information reasonably necessary to demonstrate compliance with this section.

Sub-processors. The Customer authorises the following sub-processors:

• Fly.io — application hosting (London, UK);
• Tigris Data — file and image storage;
• Anthropic (USA) — analysis of document text the Customer submits to the Service's import feature, and nothing else. Transfers to Anthropic are safeguarded by recognised international transfer mechanisms under its data processing agreement.

We will give the Customer notice before adding or replacing a sub-processor, and the Customer may object on reasonable data-protection grounds.

For personal data where we are the controller — user accounts and site usage — see our Privacy Policy.

8. Fees

Any fees for the Service are currently agreed separately in writing. If we introduce online subscription billing, we will update these terms with the applicable payment terms before it takes effect.

9. Availability

We make reasonable efforts to keep the Service available, but we do not guarantee it will be uninterrupted or error-free, and we may suspend it for maintenance. The Service is provided as is, and to the extent permitted by law we exclude implied warranties.

10. Liability

Nothing in these terms excludes liability that cannot be excluded under the law of England and Wales, including for death or personal injury caused by negligence, or for fraud. Subject to that, we are not liable for indirect or consequential loss, loss of profits, or loss of data, and our total liability under these terms is limited to the fees paid by the Customer for the Service in the 12 months before the claim arose, or £100 if no fees were paid.

11. Termination

Either party may end this agreement by giving notice. We may suspend or end the Customer's access if these terms are materially breached. On termination, access ends and Customer content is handled as described in section 7.

12. Changes to these terms

We may update these terms; we will update the date at the top and give the Customer reasonable notice of material changes.

13. Governing law

These terms are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute arising from them.