Terms of Service
Welcome to OrbStack. OrbStack is downloadable software that is developed by Orbital Labs, LLC ("Orbital Labs", "we", "us", or "our"). Please read these Terms of Service ("Terms") carefully before using OrbStack.
By downloading, installing, or using OrbStack under these Terms of Service without purchasing a License under the Master Software License Agreement, you ("user", "you", or "your") represent that you are an individual using the software for personal, non-commercial purposes, and that you generate less than Ten Thousand Dollars ($10,000.00 USD) per year in connection with all work related to your use of OrbStack.
If you are using OrbStack professionally as a freelancer, for a commercial or non-profit entity, or for a government entity, or if you generate more than Ten Thousand Dollars ($10,000.00 USD) per year in connection with all work related to your use of OrbStack, you must purchase a License for OrbStack under the Master Software License Agreement by choosing your subscription plan here and executing an Order.
If you are a freelancer, commercial, non-profit, or government entity, you are permitted to use OrbStack without purchasing a License for up to 30 days, solely for evaluation purposes, provided that you do not use the Software for any commercial purpose during the evaluation period. If you wish to use OrbStack for any commercial purpose, you must purchase a License. If you need an extension to the evaluation period, please contact us.
WARNING: Licensing terms
A breach of these licensing terms may also constitute a violation of company or employer policies. It is your responsibility to ensure that you are in compliance with all applicable policies and laws, and that you have the authority to enter into this agreement.
If you do not agree with all of these Terms, you must not download, install, or use OrbStack.
1. License Grant
Subject to your compliance with these Terms and payment of the applicable fees, we grant you a limited, non-exclusive, non-transferable, and revocable license to download, install, and use OrbStack solely for your personal or internal business purposes.
2. License Restrictions
You agree not to:
a. copy, modify, or create derivative works based on OrbStack, except as expressly permitted by these Terms;
b. sublicense, distribute, sell, or transfer OrbStack to any third party;
c. reverse engineer, decompile, disassemble, or attempt to discover the source code of OrbStack;
d. use OrbStack for any illegal, immoral, or unauthorized purposes;
e. remove, alter, or obscure any copyright, trademark, or other proprietary rights notices appearing on OrbStack;
f. create more than one account or use multiple devices to circumvent licensing restrictions.
3. User Responsibilities
You are responsible for:
a. obtaining and maintaining any equipment and ancillary services needed to connect to, access, or otherwise use OrbStack;
b. ensuring that your use of OrbStack complies with all applicable laws, regulations, and third-party agreements;
c. maintaining the confidentiality of any API keys, passwords, or other credentials used in connection with OrbStack;
d. promptly notifying us if you become aware of any unauthorized use, security breaches, or other issues related to OrbStack;
e. paying for any applicable fees associated with your OrbStack license and subscription plan.
4. Intellectual Property
All intellectual property rights in and to OrbStack, including but not limited to copyrights, trademarks, and trade secrets, are owned by us. Except for the limited license granted in these Terms, we reserve all rights, title, and interest in and to OrbStack.
5. Updates and Support
We may, from time to time, provide updates, bug fixes, or enhancements to OrbStack ("Updates"). By installing or using OrbStack, you consent to receive such Updates. We may, but are not obligated to, provide technical support for OrbStack.
Either Party may terminate this Agreement at any time, with or without cause, and with prior notice to the other Party. Upon termination, you must immediately cease using OrbStack and delete all copies from your devices. Sections 4, 7, and 8 of these Terms shall survive termination.
7. Disclaimer of Warranties
OrbStack is provided "as is" and without any warranties of any kind. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that OrbStack will be error-free, secure, or uninterrupted, or that it will meet your requirements.
8. Limitation of Liability
In no event shall either Party be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, resulting from this Agreement, even if a Party has been advised of the possibility of such damages. Each Party’s total liability to the other Party for all damages shall not exceed the amount you paid for OrbStack in the twelve (12) months preceding the claim. Notwithstanding the foregoing, nothing in this Section 8 shall limit a Party’s liability for its breach of the other Party’s intellectual property rights.
You agree to indemnify, defend, and hold harmless us, our affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees and costs, arising out of or in any way connected with your access to, use of, or violation of these Terms or your use of OrbStack.
We shall defend, or at our option settle, any claim brought against you by a third party to the extent it alleges that OrbStack as delivered to you and used as authorized in this Agreement infringes or misappropriates any U.S. patent, copyright or trade secret of any third party (“Infringement Claim”), and pay any damages awarded in a final judgment, or amounts agreed in a monetary settlement, in any such claim defended by us; provided that you provide us: (a) prompt written notice of the Infringement Claim; (b) sole control over the defense and settlement of the Infringement Claim; and (c) all information and assistance reasonably requested by Orbital in connection with the defense or settlement of, any such Infringement Claim. If any Infringement Claim is brought or, in our judgment, may be threatened, we may, at our sole option and expense: (i) procure for you the right to continue to use OrbStack; (ii) modify OrbStack to make it non-infringing; (iii) replace the infringing portion of OrbStack with non-infringing technology that is functionally equivalent to the infringing portion of OrbStack; or (iv) if none of the foregoing is commercially practicable, terminate this Agreement upon written notice to you, and refund a pro rata portion of unused and pre-paid Fees for the outstanding balance of the then current Term.
10. Changes to Terms
We may modify these Terms at any time. The most current version of the Terms will be posted on our website. By continuing to use OrbStack after any changes to the Terms become effective, you agree to be bound by the revised Terms.
11. Payment and License
OrbStack is a paid application that may require the purchase of a license to continue use after the completion of the free trial period. By purchasing a license, you agree to pay the applicable fees for the selected subscription plan. You are responsible for providing accurate payment information and keeping it up-to-date.
12. Subscription and Renewals
We may offer subscription plans for OrbStack, which may include monthly or annual payment options. By choosing a subscription plan, you agree to pay the applicable fees for the selected plan. Your subscription will automatically renew at the end of each subscription period, and you authorize us to charge your payment method for the renewal fees unless you cancel your subscription before the renewal date.
13. Account and Device Restrictions
Users may not create more than one account or use multiple devices to circumvent licensing restrictions. We reserve the right to terminate or suspend any accounts or devices found to be in violation of these restrictions.
We may offer refunds for license purchases within 7 days of the purchase date, at our sole discretion. To request a refund, please contact us at email@example.com with your purchase details and the reason for your refund request. We reserve the right to deny refund requests if we determine, in our sole discretion, that the request is fraudulent, abusive, or otherwise not in compliance with these Terms.
15. Privacy and Data Protection
16. Contact Information
If you have any questions or concerns about these Terms or OrbStack, please contact us at firstname.lastname@example.org.