Last Updated: April 2026
WELCOME TO ORBIT. PLEASE READ THESE TERMS CAREFULLY. BY DOWNLOADING, ACCESSING AND SUBSCRIBING TO ORBIT OR OTHERWISE USING ORBIT'S SERVICES (WHETHER OR NOT PAID FOR), YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE ORBIT APP.
These terms of service ("Terms") set out the basis on which Marvell St Assetco Pty Ltd (t/a Orbit) with registered office is at 268 Canterbury Road, Surrey Hills Victoria Australia with ACN 691 913 158 ("we", "us", "our") permits you to use the Orbit mobile application (the "App", "Orbit" or "Orbit AI") and all services, content and media provided to you from time to time on the App (the "Services").
If you wish to contact us for any reason, please email our customer service team at admin@orbitapp.co.uk. If we have to contact you, we will do so via the App, by phone or by email (if you have provided it to us).
The ways in which you can use the App may also be controlled by the rules and policies of the Appstore from where you downloaded the App. Such rules and policies will apply instead of these Terms where there is a conflict between the two.
Under applicable data protection laws, we are required to provide you with certain information about who we are, how we process your personal data, and for what purposes, and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Notice and it is important that you read that information. By using the App and our Services, you agree that we may use your personal data in accordance with our Privacy Notice.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Services may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
When you download the App, you must either accept or decline receiving push notifications / alerts from the App. If you:
- Accept: push notifications / alerts will be sent to your mobile device via the App; or
- Decline: push notifications / alerts will not be sent to you, and you may not receive up-to-date information about your Orbit profile, including notification of new Orbit connections or messages.
You may, at any point, opt out of receiving push notifications / alerts from the App by changing the notification settings on your mobile device.
You acknowledge that we are permitted to use Your Content (defined below) and any feedback that you provide to help develop and improve the App and the Services. You acknowledge that we (and our licensors, where applicable) own all right, title and interest in and to any suggestions, ideas, feedback, recommendations or other information provided by you in connection with the Services, and you hereby assign any intellectual property rights in such items to us. Our LLM provider may also use Your Content to help develop and improve its own services (please see below for more details on our use of artificial intelligence).
We incorporate the use of artificial intelligence ("AI"), such as (but not limited to) Open AI's Chat GPT function and other third-party large language models technology, into our App in order to:
- analyse photographs of you that you upload to the App in order to learn your visual appearance and improve the accuracy of our matchmaking Services;
- identify other users of the App to connect you with and to place in your orbit(s) based on your profile and preferences;
- complete sections of your Orbit profile (which you can choose to "show" or "hide" in your App settings);
- monitor conversations between you and other users of the App and between you and the Orbit chat function;
- interact with you to find out more about you and what you like in order to improve finding its Services to you;
- collect information from inputs that you provide and any conversations that you have on the App; and
- identify your likes and / or dislikes are, or your preferences for connecting with other users based on information gathered in the App about you and any other such users.
By accepting these Terms you consent to us providing your content and such other of your data and content as may be gathered from your communications with us, your communications with other Orbit users, and as otherwise collected or processed by us during the provision of the Services ("Your Content") with our LLM provider in order to perform the Services, for the duration of your Subscription (as defined below).
You acknowledge and agree that our LLM provider's access to Your Content and provision of the Services is conditional on you providing your consent as set out above. In addition, you confirm that you have obtained all necessary licences, consents and authorisations to permit the transfer of Your Content to us and to our LLM provider.
Please note, we will use reasonable endeavours to make the App available to you and to perform the Services in accordance with all applicable laws relating to the provision of AI. However, given the probabilistic nature of AI and machine learning, use of the App and/or Services may in some situations result in incorrect output that does not accurately reflect real people, places, or facts. Whilst we will always seek to verify the accuracy of the output, you should also evaluate the accuracy of any output as appropriate for your use case, including by using human review of the output. We make no commitments with respect to the accuracy of any outputs. You should never rely on any outputs without confirming their accuracy independently.
We accept no liability to the extent that there is a failure of the AI functionality which is outside of our control, including without limitation any failure, interruption, degradation or change in the services provided by our LLM provider. We reserve the right to change our LLM provider at any time without notice, provided that any replacement provider is bound by data processing obligations no less protective than those described in our Privacy Notice.
When you upload photographs or images containing your face to the App, our AI systems will analyse those images to extract data about your facial features, geometry, expressions and visual likeness (collectively, "Facial Data" as further defined in our Privacy Notice). The sole purpose of this processing is to enable the AI to learn your visual appearance in order to improve the accuracy and relevance of the matchmaking Services.
By uploading photographs containing your face to the App, and by providing your explicit consent through the in-app consent mechanism presented to you at the time of upload, you acknowledge and agree that:
- we will collect and process your Facial Data for the sole purpose of improving our matchmaking Services as described above and in our Privacy Notice;
- your Facial Data may be shared with our LLM provider and cloud infrastructure provider solely for this purpose, subject to data processing agreements that prohibit those providers from using your Facial Data for their own purposes (including AI model training) (noting that currently, Facial Data is processed locally and only stored by the cloud infrastructure provider and we do not share your Facial Data with any third-party AI or LLM providers);
- your Facial Data will be retained only for so long as the photograph from which it was derived remains on your account, and will be permanently deleted within 30 days of you replacing or removing the relevant photograph or deleting your account. If you withdraw your consent to Facial Data processing, we will cease processing your Facial Data but it will remain stored until you delete your account;
- your Facial Data is never explicitly disclosed to other users of the App (noting that a form of Facial Data will be shown through the displaying of profile photos and implied through matchmaking Services) and is never sold, rented, leased or otherwise made available to any third party for that third party's own commercial purposes; and
- your Facial Data is not used for: (i) facial recognition or identification of you outside the App; (ii) advertising or profiling for advertising purposes; (iii) generating, altering or creating new images of you; or (iv) any purpose other than as expressly stated in these Terms and our Privacy Notice.
You may withdraw your consent to the processing of Facial Data at any time through the App's settings. Withdrawal of consent will not affect the lawfulness of processing carried out prior to withdrawal but may affect the quality of the matchmaking Services available to you.
To the extent that Facial Data constitutes "biometric data", "biometric information", "biometric identifier" or equivalent terminology under applicable laws (including but not limited to the Illinois Biometric Information Privacy Act, the Texas Capture or Use of Biometric Identifier Act, the Washington My Health My Data Act, and any comparable state, federal or international legislation), the following additional terms apply:
- Purpose: Facial Data is collected solely for the purpose of improving the accuracy of our matchmaking Services by enabling our AI to learn your visual appearance.
- Storage: Facial Data is securely stored in encrypted cloud storage maintained by our cloud infrastructure provider. Data is encrypted both in transit (TLS) and at rest, and we implement strict access controls and security measures to prevent unauthorised access, alteration, disclosure, or destruction.
- Retention and Destruction: Facial Data is permanently destroyed when the initial purpose for collection has been satisfied (i.e., upon replacement or removal of the source photograph or deletion of the user's account), in each case within 30 days of the triggering event. If a user withdraws consent to Facial Data processing, processing will cease immediately but Facial Data will remain stored until the user's account is deleted. In no event shall Facial Data be retained for more than three (3) years from the date of collection.
- No Sale or Profit: We do not sell, lease, trade or otherwise profit from your Facial Data. Facial Data is shared with our processors solely for the purpose described above.
- Written Release: By providing your explicit consent through the in-app consent mechanism and by accepting these Terms, you execute a written release (within the meaning of applicable biometric privacy laws) authorising us to collect, use, store and share your Facial Data for the purposes and in the manner described in these Terms and our Privacy Notice.
In order to use the App you will need to register for an account and create an Orbit profile. In order to create an account and profile, you:
- must be at least 18 years old (please note: we may monitor the App for underage use and we reserve the right to terminate, suspend or ask you to verify your account if we have reason to believe you are under the age of 18);
- must enter phone number and password for your account;
- must permit the App access to your camera, location and photos;
- must have the power to enter a contract with us and not be barred from doing so under any applicable laws;
- must not be prohibited by any applicable laws from using our App or the Services;
- must not be an existing subscriber to the App; and
- have not previously been removed, suspended or banned from the App or from your use of the Services, unless we have agreed in writing that you may create a new account.
You are responsible for safeguarding your login credentials and must treat such information as confidential and not disclose them to any third party. We will not be liable for any loss or damage arising from your failure to comply with the above. If you know or suspect that anyone other than you knows your login credentials, or you believe there has been unauthorised access to your account, you should promptly notify us at admin@orbitapp.co.uk.
Should you forget your password for your account, please select the "I forgot my password" option on the App. Please follow the instructions on-screen to reset your password.
Subject to your continued compliance with these Terms, we grant you a personal, royalty-free, non-transferable, non-sublicensable, non-exclusive and revocable licence to register for, access and use the App and the Services in accordance with these Terms and all applicable laws.
We reserve the right to revoke this licence and your authorisation to access the App and the Services if at any time you fail to comply with these Terms or any applicable laws.
By creating your Orbit account, you grant us a perpetual, transferable, sub-licensable, royalty-free right and licence to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, incorporate into other works, distribute and otherwise make Your Content available to other Orbit users, including any information you authorise us to access from third-party sources or generated by Orbit AI, in whole or in part, and in any way and in any format or medium currently know or developed in the future.
Notwithstanding the foregoing, the licence granted in this section does not extend to your Facial Data, which may only be used by us for the specific purpose described in the "Facial Data" section above and in our Privacy Notice, and is subject to the retention, deletion and consent withdrawal provisions set out therein.
There is one subscription option for the App:
- Orbit Max – $7.00 / week (denominated in the relevant local currency of the user).
When you register for an Orbit account, you acknowledge that you are doing so as a paid-for subscription (even where you are utilising a free trial) ("Subscription") and agree that additional terms disclosed to you at the time of purchase may apply and may be incorporated herein. Details of your Subscription will be available for you to view in the 'Settings' section of the App.
Payments for your Subscription will be taken through your payment method registered with the Appstore from which you downloaded the App.
Subject to your cancellation rights detailed below, you provide us with a continuous payment authority to charge your payment method for the specified amount on approval of your Subscription and at weekly intervals following such approval date. Each payment will be taken on or around the same day of each week (as detailed in your Subscription confirmation unless your Subscription is cancelled by you in accordance with these Terms).
If you wish to make a change to the Subscription you have selected, please contact us at admin@orbitapp.co.uk. We will let you know if the change is possible. If it is possible, we will let you know about any changes to the price of the Subscription, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change. If we cannot make the change or the consequences of making the change are unacceptable to you, you may want to end your Subscription (see section 13 below). If we have increased the price of the Subscription and you do not cancel your Subscription in accordance with section 13 below, you will be deemed to have accepted our updated pricing for your Subscription.
Please note: if you delete your Orbit account or remove the App from your mobile device, it will not automatically cancel your Subscription or delete your account. You will need to actively cancel your Subscription via the 'Settings' section of your mobile device.
You may cancel your Subscription at any time via the 'Settings' section of your mobile device. If you cancel your Subscription, you will still have access to the App and the Services until the end of your current billing cycle at which point your access to the App and the Services will stop. Once you have cancelled your Subscription you will no longer be able to use the Services. Please note that this does not delete your account in the App. If you want to delete your account, you can do this separately in the App via the 'Settings' section.
We must receive your request to cancel your Subscription more than 24 hours before your next payment date. If we receive the request less than 24 hours before your next payment date your Subscription will only be cancelled at the end of the following payment period, and we will still take payment for your next instalment of your Subscription.
You must not, at any time:
- use an inaccurate name and/or age in creating your account or profile or otherwise misrepresent your identity, age or other core information whilst using the App or the Services;
- use the App or the Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App, the Services or any operating system;
- infringe our intellectual property rights or those of any third party in relation to your use of the App or the Services, including by the submission of any material (to the extent that such use is not licensed by these Terms);
- transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App or the Services;
- stalk, harass, abuse or otherwise disrespect any other user of the App or the Services;
- use the App or the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
- attempt to circumvent any safeguards or guardrails in place to prevention misuse of the AI features of the App or the Services;
- use the App or the Services using automated or non-human means, whether or not through a bot, script, or otherwise;
- upload photographs of any person other than yourself for the purpose of having Facial Data extracted, or otherwise attempt to use the App's AI features to analyse, identify or derive information about the facial features or appearance of any third party;
- use the App or the Services to decompile, reverse engineer, disassemble, or otherwise reduce the App or the Services to human-readable form, unless you are explicitly permitted to do so by a provision of applicable law; or
- collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services.
You must always treat other Orbit users with courtesy and respect, both on and off the App. You accept sole responsibility for your interactions with other users of the App and acknowledge that we do not control any user content or any actions of the Orbit users. We operate on a zero-tolerance policy of any form of inappropriate content or behaviour, whether occurring on or off the App. If you feel that you are subjected to any inappropriate content or misconduct by other members, please report such action to us directly by following the 'Settings' section in the App and provide more information on why you are flagging such behaviour. You may also report this behaviour by emailing admin@orbitapp.co.uk or contacting us through the App's settings.
We prohibit the uploading or sharing of any content that:
- breaches applicable laws or otherwise encourages, promotes or incites a breach of applicable law;
- is intended to circumvent any safeguards or guardrails around the functionality of the App (including the AI we use for the App);
- is, or could reasonably be deemed to be, harmful to others;
- is, or could reasonably be deemed to be, offensive, harassing, upsetting or alarming to any other person; and/or
- infringes any third party's rights (including, without limitation, intellectual property rights and privacy rights);
- is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
- is, or could reasonably be deemed to be, abusive, insulting, threatening, discriminatory or which promotes or encourages racism, sexism, hatred or bigotry;
- is libelous, defamatory or is untrue;
- promote or facilitate unlawful online gambling;
- relates to commercial activities (for example, advertising, sales, competitions and promotions);
- relates to the transmission of junk or spam communications;
- impersonates or intends to deceive or manipulate a person (including, without limitation, scams, fraud and inauthentic behaviour);
- contains any spyware, malware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal data whether from us or otherwise;
- displays any personal contact (other than your profile information) or banking information, whether in relation to you or any other person. In the event you share any personal data with other users, you do so at your own risk; or
- may harm, or may reasonably be deemed to harm, our reputation.
You are, and remain, solely liable for Your Content. You warrant that all of Your Content will comply with the standards set out in this section 15, and you will be liable to us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty. You acknowledge and agree that we reserve the right to immediately suspend or terminate your Orbit account if you upload or share content that violates the standards set out in this section 15.
Your Content will be considered non-confidential and non-proprietary. You retain all of your ownership rights in Your Content, but you grant us a licence to use, store, copy and aggregate Your Content and to distribute and make it available to third parties as needed for us to provide the App to you. Where Your Content includes personal data, we will always treat such content in accordance with our Privacy Notice.
We also have the right to disclose your identity to any third party who is claiming that any of Your Content constitutes a violation of their intellectual property rights, or of their right to privacy.
You acknowledge and agree that we will monitor and review all of Your Content and we have the right to remove, delete, edit, limit, block or prevent any posting you make to the App at any time if, in our opinion, your post does not comply with the content standards set out above.
Other User Content
Other users of the App will also share content via the App or the Services, which will belong to the user of the App that posted such content. You will have no rights in relation to such other user content. We have the right to terminate your Subscription if you misuse any other user's content.
Orbit Content
Other than Your Content and other users' content, we own all text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on the App and the Services, including without limitation any content produced by Orbit AI. Our content is controlled and/or licenced by us and all rights, title and interest in and to such content will remain with us at all times.
Any content accessed or information otherwise obtained through the App or the Services is accessed at your own discretion and risk. To the fullest extent permitted by applicable laws, we accept no liability for any content that you, Orbit AI or any third party uploads, posts, sends, or receives through the App or the Services. Additionally, we do not accept any responsibility for the identity, intentions or legitimacy of any users with whom you may communicate or otherwise come into contact with through the App and/or the Services.
Orbit AI does not conduct criminal background checks on its users. You are solely responsible for your safety when interacting with other users, whether through the App or in person. We strongly recommend meeting in public places and informing a trusted person of your plans before meeting anyone you have connected with through the App. We accept no responsibility or liability for any harm, loss or injury arising from offline interactions between users.
THE APP AND THE SERVICES ARE PROVIDED "AS IS." EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO THE APP OR THE SERVICES AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE APP AND/OR THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE APP AND SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR BUGS, OR THAT ANY CONTENT WILL BE SECURE OR NOT LOST OR ALTERED. WITHOUT LIMITATION TO ANY OF THE FOREGOING, WE MAKE NO GUARANTEE AS TO THE COMPATIBILITY OF ANY OF YOUR CONNECTIONS.
WE WILL NOT BE LIABLE FOR ANY LOSS OF DATA, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED ONE HUNDRED AUSTRALIAN DOLLARS (AUD 100). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
NOTWITHSTANDING THE FOREGOING, THE LIMITATION OF LIABILITY IN THIS SECTION SHALL NOT APPLY TO ANY LIABILITY ARISING FROM OUR BREACH OF THE FACIAL DATA OR BIOMETRIC DATA NOTICE PROVISIONS OF THESE TERMS ONLY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS SUCH LIMITATION (INCLUDING, WITHOUT LIMITATION, WHERE STATUTORY DAMAGES ARE AVAILABLE UNDER BIOMETRIC PRIVACY LAWS).
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
If defective digital content that we have supplied damages a device or digital content belonging to you, we may either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us. We are not liable for business losses. The Services are for domestic and private use. If you use the Services for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
We recommend that you back up all of Your Content and data to protect yourself in case of problems with the Services.
You acknowledge that the App and Services have not been developed to meet your individual requirements. You are responsible for checking that the facilities and functions of the Services (as described on the Appstore site and in our published documentation) meet your requirements.
We are not responsible for events outside our control. If our provision of the Services or support for the App is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event.
You remain solely responsible for any opinions, recommendations, or other conclusions made or actions taken by you on the results obtained from the App and/or provision of the Services. You also remain solely responsible for ensuring Your Content is complete, accurate and up-to-date. We will have no liability for any damage caused by errors, inaccuracies or omissions in any information or instructions provided to us by you in connection with the App and/or the Services.
You acknowledge and agree that the actions you take and Your Content remains your responsibility. You will indemnify us against any and all liabilities, costs, expenses, damages and losses (including, without limitation, any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other reasonable professional costs and expenses) we suffer or incur arising out of or in connection with:
- any claim made against us for actual or alleged infringement of a third party's intellectual property rights arising out of, or in connection with, the supply of Your Content;
- the uploading or submission of Your Content to the App;
- any negligent acts, omissions or wilful misconduct by you;
- your access to and use of the App and/or the Services;
- any claim arising from your upload of photographs of any third party without that third party's consent, including any claim under biometric privacy laws;
- your breach of these Terms; and/or
- your breach of any applicable law.
You acknowledge and agree that we reserve the exclusive right to settle any and all claims or causes of action which are brought against it without seeking your prior consent. You will co-operate fully as required by us in the defence of any applicable claim.
In addition to our other rights set out in these Terms, we reserve the right to suspend or terminate your Orbit account and profile if, in our sole discretion, we believe that you have breached these Terms, misused the App and/or Services, breached any applicable laws or behaved in a way that we otherwise regard as inappropriate, on or off the App. If we end your rights to use the App and Services:
- you must stop all activities authorised by these Terms, including your use of the App and the Services;
- you must delete or remove the App from all devices in your possession and immediately destroy all copies of the App which you have and (on our request) confirm to us that you have done this; and
- we may remotely access your devices and remove the App from them and cease providing you with access to the Services.
In the event your Orbit account has been terminated by you or by us for any reason, these Terms will continue and remain enforceable. You will not be entitled to any refund unless otherwise agreed by Orbit in writing. We will continue to maintain or delete your personal data in accordance with our Privacy Policy.
We are giving you the personal right to use the App and Services as set out above. You may not transfer your Orbit account to anyone else, whether for money, for anything else or for free. If you sell any device on which the App is installed or your Orbit account details are saved, it is your responsibility to remove the App together with your Orbit account details from it. We are not responsible for any unauthorised use of your Orbit account, or any fees incurred as a result of such unauthorised use.
We may need to change these Terms to reflect changes in law or best practice and/or to deal with additional features which we introduce. We will always try to give you notice of any change by sending you an email with details of the change and/or notifying you of a change when you next access the App.
Notwithstanding the foregoing, any material change to the manner in which we collect, use, store or share your Facial Data will require your renewed explicit consent before such changes take effect. We will notify you of any such changes and provide you with the opportunity to consent or to have your Facial Data deleted.
If you do not accept the notified changes you may continue to use the Services in accordance with the existing Terms, but certain features and functionality may not be available to you.
From time to time we may automatically update the App and change, all or part of, the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update the App for these reasons.
If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the App and/or, all or part of, the Services.
If you download the App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own the phone or other device.
We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
In the event of any transfer, assignment or change of control, the acquiring party shall be bound by the Facial Data and Biometric Data Notice provisions of these Terms and our Privacy Notice. If the acquiring party does not agree to be bound by these provisions, all Facial Data will be permanently deleted prior to the completion of the transfer.
You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
Any dispute, claim or controversy arising out of or relating to these Terms or the App ("Dispute") will be resolved by binding individual arbitration administered by the Australian Centre for International Commercial Arbitration (ACICA), or for US-resident users, the American Arbitration Association (AAA) under its Consumer Arbitration Rules. You and Orbit each waive the right to a jury trial and the right to participate in a class action, class arbitration, or other representative proceeding. The arbitrator may award the same relief as a court of competent jurisdiction. This clause does not prevent either party from seeking injunctive or equitable relief in a court of competent jurisdiction.
If any part of this arbitration provision is found unenforceable, the remainder will continue to apply, except that if the class action waiver is found unenforceable, the entire arbitration provision will be void.
To the maximum extent permitted by applicable law, any claim or cause of action arising out of or relating to these Terms or the App must be filed within one (1) year after the cause of action arose, or be permanently barred.
These Terms do not give any third party any rights to enforce any of these Terms.
These Terms are governed by and construed in accordance with the laws of Victoria, Australia. Subject to any mandatory consumer protection laws in your jurisdiction that cannot be excluded by agreement, you agree to submit to the non-exclusive jurisdiction of the courts of Victoria, Australia for the resolution of any disputes arising out of or in connection with these Terms.
Nothing in these Terms affects your statutory rights as a consumer under the laws of your jurisdiction. Where you are resident in a jurisdiction that provides mandatory consumer protections that cannot be waived or limited by contract (including but not limited to the European Union, the United Kingdom, the State of California, or any other jurisdiction with equivalent consumer protection legislation), those protections shall apply to the extent required by applicable law, and nothing in these Terms shall be construed as an attempt to exclude or limit such protections.
Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breach of these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.