⚖️ TERMS OF SERVICE

Last updated on 05 October 2022 (version 2.0)

INTERPRETATION
1. These Terms govern the rights and obligations between Orbit and You and are accepted and have binding effect as of the Effective Date.
2. Orbit and You may each be referred to as a “Party” and collectively as the “Parties” herein.
3. For clarity, these Terms apply to Your use of the Orbit Network, the Services available through the Orbit Platform and the payment of your Orbit Pass Subscription, Orbit Go Membership, Bookings and other Services.
4. By using the Orbit Platform, You are agreeing that You, and any individuals You authorise, shall abide by and be bound by this Agreement. If You are accepting the Agreement on behalf of an entity or on behalf of other individuals, You represent and warrant that You have all necessary right, authority and consent to bind such entity or individuals to this Agreement.
5. Please read these Terms carefully, as they affect Your legal rights. If You have any questions about these Terms, please email us with the subject line “Terms of Orbit”.
DEFINITIONS
1. In this Agreement, the following words and expressions shall have the following meaning unless the context otherwise requires:
  1. “Account” means a unique account created for You to access our Solution or parts thereof.
  2. “Agreement" means these Terms, the Acceptable Use Policy and Orbit’s Privacy Policy and any schedules or amendments hereto.
  3. "Confidential information" means any and all information disclosed, furnished or communicated (whether orally or in writing, text, drawings, photographs, graphics, designs, plans or any other form whatsoever) by or on behalf of Us to You, hereunder information concerning or belonging to Us, Our properties or business, or information proprietary to a Third Party for which We have provided services or products to or otherwise have a relationship with, including, but not limited to, the goodwill of any business symbolised thereby, technical information, financial data, product and service costs, prices, profits and sales, employee relationships and any Intellectual Property Rights or any other confidential information or proprietary aspects of Our business, which has been or will be supplied to You in the fulfilment of the Agreement or otherwise, including any information which You have reason to believe to be confidential information, or which We treat as being confidential information.
  4. “Booking” means the booking of access and use to a specific part of the Orbit Network made available for booking by Hosts for a specific period of time.
  5. “Content” means the content created and/or facilitated by You through use of the Solution, including but not limited to means the digital data, text, images, audio, video, form entries, ratings, clicks or similar content provided by You for use with the Solution.
  6. “Device” means any device that can access the Orbit Platform, such as a computer, a cell phone or a digital tablet.
  7. “Effective Date” means the date You accept these Terms. At the very latest, the Effective Date shall commence upon Your first access or use of the Solution in any way.
  8. “Intellectual Property Rights” means all rights, privileges and priorities provided under applicable supranational, national, federal, state or local law, rule, regulation, statute, ordinance, order, judgement, decree, permit, franchise, licence, or other government restriction or requirement of any kind relating to intellectual property, whether registered or unregistered, in any country, including without limitation: the Solution, any copyright, copyrightable works, database rights and related items, rights in designs, domains names, trade secrets, trademarks, service marks, domain names, rights in get-up, rights in goodwill or to sue for passing off, unfair competition rights, moral rights, inventions, software, utility certificates, utility models, patents, patent applications (including any patent that in the future may be issued in connection therewith and all divisions, combinations, continuations, continuations-in-part, extensions, additions, registrations, confirmations, re-examinations, supplementary protection certificates, renewals or reissues thereto or thereof), rights in Confidential Information (including know-how and trade secrets) and any other intellectual property right or proprietary right recognised in any country or jurisdiction in the world, whether registered or not, and whether in existence as of start date of using the Solution or arising or recognised thereafter and all applications and registrations thereof, whether wholly or partly developed, and/or used and/or owned by Us.
  9. “Guest” means a person without an Account that does not have an active Subscription, Membership or other rights of access to the Orbit Network, but which may gain temporary access to the Premises through Users.
  10. “Hosts” means the companies that own and/or manage spaces and assets available through the Orbit Platform.
  11. “Member” means Users that have access to specific parts of the Orbit Platform through an agreement between a Third-Party (e.g. an employer) and a Host.
  12. “Orbit” means “We", "Us" or "Our", that is Orbit Technology AS, incorporated in Norway as a legal entity with the organisation number 924 790 547, including entities within the same company group.
  13. “Orbit Network” means Orbit’s network, network means desks, meeting rooms, office spaces and any asset at the Premises which have been made available for booking or access by Hosts that have chosen to make these available through the Orbit Platform.
  14. “Orbit Base” means the free subscription-based access to the Solution which is available for use at the Premises where the subscription holders are Members and/or Tenants.
  15. “Orbit Pass” means the paid subscription-based access to the Solution.
  16. “Orbit Go” means the paid usage-based access to the Solution.
  17. “Orbit Platform” means any mobile application, website, APIs or SDKs provided by Orbit, collectively or separately, through which all Services are offered to You.
  18. "Personal Data” shall have the meaning set out in GDPR Article 4 (1).
  19. “Premises” means the physical locations where desks, meeting rooms, office spaces and any assets made available for booking or access via the Solution are located.
  20. “Services” means all services offered through the Orbit Platform, including access to facilities, food court services and other appurtenant services.
  21. “Solution” means all of Orbit’s offerings, including but not limited to the Orbit Platform, the Orbit Network, the Services and any associated software and data.
  22. “Space” means private spaces located at the Premises, such as meeting and conference rooms.
  23. “Subscription Fee” means the recurring fees payable within each billing period for use of the Orbit Pass.
  24. “Team” means the group led by an administrator which is composed of Orbit Subscription holders, Orbit Go Members, Orbit Base Members or a combination thereof.
  25. "Term" means the period from the Effective Date and until expiry of the Agreement or the termination by either Party thereof.
  26. “Terms” means these Terms of Orbit.
  27. “Third Party / Third Parties” means a party other than the Parties to this Agreement. This includes, but is not limited to Hosts, other Users not represented by You, a partner, client or a subsidiary which is either directly or indirectly contributing to the Solution.
  28. “Third-Party Content” means products, services or advertisements provided by a Third Party, which may be embedded in, or which interoperates with or is linked from the Solution.
  29. “Trial” means trials of the Orbit Pass Subscription for a specified period without payment or at a reduced rate.
  30. “User” means the person who have or may be granted access to Premises, either as a Subscriber, Member or Guest,
  31. “You” or “Your” mean the individual accessing or using the Solution. When You are acting on behalf of a business, company or other legal entity or a private individual or authorise the same to access the Solution, the reference to “You” herein shall include, refer and apply to entities, employees, Guests and all other individuals which is granted access to the Solution in accordance with the Terms.
REGISTRATION
1. An Account is required to access and use most Our Services, so You may not be able to terminate Your Account while You intend to continue receiving such Services, such as, booking Spaces, accessing Premises, etc. In the event that You do want to terminate your Account, You acknowledge and agree that You are giving up Your ability to access and use any Services requiring an Account. You can terminate Your Account by contacting Our support, or, if the option is available to You, deactivating Your Account through the Orbit Platform.
2. The registration necessitates that You provide Orbit with information pertinent to You, such as Your name, e-mail address or other information which naturally correlates with the Solution.
3. We may enable features that allow You to authorise other Users or Third Parties to take certain actions that affect Your account. You may authorise a third party to use Your account if the feature is enabled for Your account. You acknowledge and agree that anyone You authorise to use Your Orbit account may use the payment method on Your behalf and that You will be responsible for any fees incurred and payments made by such person.
4. You acknowledge that You will be fully responsible for any act or omission of entities, private individuals or Third Parties using the Solution on Your behalf.
5. We reserve the right, in Our sole discretion, to accept or reject Your registration to use Our Solution.
ELIGIBILITY
1. You must provide Us with accurate and complete information about Yourself when You register for and use an Account. By using or accessing the Orbit Platform in any way, You represent and warrant that You meet the requirements in these Terms or as otherwise specified by Us from time to time.
2. Each Party agrees that the electronic consent provided by You prior to initiating the use of the Solution are intended to authenticate this in writing and to have the same force and effect as Your manual signature and shall be effective to bind You to this Agreement. You acknowledge that You have the ability to retain the Agreement either by printing or saving it.
3. As a main rule, persons that are of the age below 18 are prohibited from using the Solution. In the event that You are below the age of 18 or the relevant age classifying You as a minor within its respective jurisdiction, You shall ensure that the parent or guardian of such individual consent to this Agreement prior to using the Solution.
SECURITY
1. All Users must authenticate themselves when entering into Orbit powered buildings using their Orbit access device (digital/physical keys). To the extent permitted by law, Your Account holders shall be required to provide valid government issued identification in order to be issued an activated key card to access the Premises and before entering any of the buildings in the Orbit Network.
2. You understand that You are responsible for maintaining the confidentiality of passwords associated with the Solution. You are solely responsible for selecting a password that is not easily guessed and for keeping Your password safe and agree not to transfer or resell Your use of or access to the Solution to any Third Party. If You have reason to believe that Your profile is no longer secure, You must immediately notify us and You must promptly change Your password by updating Your profile information.
3. You shall not share any access credentials such as keys, key cards or other means of entry to the Premises with any individuals, even if such individuals are associated with Your Team.
4. If You believe someone may have used Your Account or assigned access credentials without Your authorisation, please change Your password (as applicable) and contact us at [email protected].
ORBIT TEAMS
1. You may create a Team of Users for the purposes of administering budgets for Bookings or otherwise facilitate the communication within the Team or use Team features.
2. An individual from a Team can be appointed to control the Team’s account on the Orbit Platform (“Team Account”) and designate which other individual Users are associated with that Team (such individual, a “Team Administrator”). If the Team has a subscription with Us, the Team Administrator will typically be the individual identified as the “Primary Member” in the applicable Account agreement.
3. If You create any Accounts for a Team or otherwise use a Team Account, You hereby warrant and represent to Us that (a) You have the proper authority to create, terminate and maintain the Team Account and to add and remove individual users and members to and from the Team Account; (b) You have obtained all necessary consent from any applicable individuals for the creation of their Accounts and the processing of their individual information and (c) all information You provide in connection with the creation of such Accounts is accurate, complete and up-to-date.
4. You will be responsible for ensuring that You, your Orbit Go Members and/or your Orbit Pass Subscription Members qualify before accessing or using the Services in any way and before providing any personal data to us (e.g., name, address, telephone number or email address).
5. As a Team Account Administrator, you are responsible for preparing and sharing a list of Your Team with Us or uploading such information directly through the tools we provide, as applicable. You shall ensure that the information about Your Team is complete and accurate. In the event Your relationship with any individual of the Team changes or ends, You agree to promptly update such information and notify Us that the individual should no longer receive access to the Services.
6. You hereby represent and warrant to us that (a) You have the proper authority to create, invite and maintain the Accounts and to add and remove Users to and from the Accounts and (b) you have obtained all necessary consent from Users for the creation of their accounts. You also agree to indemnify us for any loss we may suffer as a result of any breach of these warranties and representations including where such breach is caused by any individual of Your Team.
7. If You or Your Team fail to comply with the provisions of this Agreement we may, in our sole discretion, restrict your or Your Teams’ access to the Services and/or terminate your Orbit Pass Subscription, your Orbit Go Membership or any Account with immediate effect and without prior notice to You. In addition, we may decline to continue your Orbit Go Membership or Orbit Pass Subscription after the end of any commitment term at Our sole discretion.
8. We do not provide refunds upon termination or cancellation of your Orbit Pass Subscription or Orbit Go Membership including individual Orbit Pass Subscription or Orbit Go Members’ Accounts with respect to amounts already paid. You will remain liable for past due amounts, and we may exercise our rights to collect due payment, despite termination or expiration of your Orbit Pass Subscription or Orbit Go Membership. We may also terminate your Orbit Pass Subscription with thirty (30) days’ prior notice if We discontinue the Orbit Pass Subscription program in whole or in part, or at any other time at our sole discretion.
9. You and your Orbit Pass Subscription, and/or Orbit Go Membership, Members’ use of the Services may be immediately suspended or terminated if we are unable to charge Your payment instrument for any reason. When We receive funds from You, We will ﬁrst apply the funds to any balances which are in arrears and to the earliest month due ﬁrst. All fees are non-refundable and must be paid in the currency specified. Following any commitment term, we reserve the right to further increase or decrease the Subscription Fee at Our sole discretion upon thirty (30) days’ prior notice to You.
GUESTS
1. The Account, and by extension the Orbit Pass Subscription or Orbit Go Membership access, is intended for the use of the person to which it is allocated and is not intended to provide access and use of the Orbit Network to other parties. Guests are not permitted, other than in connection with Orbit Subscribers, Orbi Go Membership or Members’ Bookings of Spaces such as meeting and conference rooms.
2. If You have booked a Space, Guests may be registered and given access to that booked Space. The number of guests is limited to the number of people permitted in the booked Space. The Guests will be permitted to access the Premises only during such booking period. We reserve the right, in Our sole discretion, to restrict the access of Guests in the event that such use violates the purpose or intent of the Orbit Network.
ORBIT BASE
1. Orbit Base includes:
  1. Access to and use of parts of the Orbit Network where You are a Member.
  2. Access and use of common areas at the Premises, subject to the conditions set out in these Terms. Desks are normally located in the common areas at the Premises
  3. Use of the Spaces at the Premises, subject to availability and upon prior reservation and payment of such rooms through the Orbit Network.
2. Subject to availability, the Orbit Base may also include:
  1. Use of private phone booths while using Premises.
  2. Front desk assistance while using the Premises during regular business hours, at manned facilities. Included support and assistance via the mobile app’s support and help functions.
  3. Use, within the Premises, of kitchens and beverages made available therein.
  4. Opportunity to participate in members-only events, beneﬁts and promotions.
  5. Any other services You may purchase directly from or through Us from time to time.
3. The Services at a Premises will only be available to You during the hours specified for that Premises on the Orbit Network, which may be limited to the regular business hours of each specific Premises.
ORBIT PASS
1. The Orbit Pass Subscription provides You with access to the entire Orbit Network and includes:
  1. Unlimited access to Spaces throughout Our Orbit Network, subject to availability and upon prior reservation.
  2. Access and use of common areas at the Premises, subject to the conditions set out in these Terms. Desks are normally located in the common areas at the Premises
  3. Use of the Spaces at the Premises, subject to availability and upon prior reservation and payment of such rooms through the Orbit Network.
2. From time to time, We may offer trials of the Orbit Pass Subscription for a specified period without payment or at a reduced rate. You agree to comply with any additional terms, restrictions or limitations connected to the Trial. You may not sign up for multiple Accounts in order to receive additional Trial benefits. You may not apply for a new Trial after the end of your Trial period.
3. Orbit reserves the right, in our sole discretion, to determine Your eligibility for a Trial, and withdraw or modify a Trial at any time without prior notice and with no liability, to the extent permitted under applicable law.
4. For some Trials, We require You to provide Your payment details to start the Trial. By providing such details, You agree that We may automatically begin charging You for the Orbit Pass Subscription on the first day following the conclusion of the Trial on a recurring monthly basis or another interval that we disclose to You in advance. If You do not want to incur such charge, You must cancel the applicable subscription before the end of the Trial.
5. The Services at a Premises will only be available to You and Your Team during the hours specified for that Premises on the Orbit Network, which may be limited to the regular business hours of each specific Premises.
6. Your Orbit Pass Subscription shall continue on a month-to-month basis until terminated in accordance with these Terms (the term commencing on the start date and ending on the later of the last day of any commitment term or any month-to-month term, the “subscription term”). If You terminate Your Orbit Pass Subscription prior to the end of the commitment term, Your Subscription Fee and any other payment obligations through the end of the commitment term shall become immediately due.
7. To terminate your Orbit Pass Subscription during any month-to-month term, You must provide Us with at least five (5) days’ written notice prior to the last day of a calendar month (“termination effective month”). Such termination will be effective on the last day of the termination effective month. In all cases, notice of termination must be provided (a) to Our support channels or (b) by emailing Us or through the tools We provide You to manage Your Orbit Pass Subscription.
ORBIT GO
1. The Orbit Go Membership provides You with access to the entire Orbit Network and includes:
  1. Unlimited access to Spaces throughout Our Orbit Network, subject to availability and upon prior reservation and payment.
  2. Access and use of common areas at the Premises, subject to the conditions set out in these Terms. Desks are normally located in the common areas at the Premises
  3. Use of the Spaces at the Premises, subject to availability and upon prior reservation and payment of such rooms through the Orbit Network.
2. The Services at a Premises will only be available to You and Your Team during the hours specified for that Premises on the Orbit Network, which may be limited to the regular business hours of each specific Premises.
3. The Bookings made by Orbit Go Membership holders will be charged on a month-to-month basis. If You terminate Your Account prior to the end of the commitment term, Your Booking Fees and any other payment obligations through the end of the commitment term shall become immediately due.
BOOKINGS
1. Any Member, Orbit Go Member or holder of an Orbit Pass Subscription may book Spaces, subject to availability and payment thereof.
2. Cancellation policies vary between Premises and Hosts. Please ensure to take note of the policy disclosed to You upon Your Booking. Depending on the Premise and Host, failure to cancel within the deadline will result in a cancellation fee or the full Booking fee.
PAYMENT
1. Orbit generally charges the total payment due by You after a Booking has started and at the beginning of a subscription period. Orbit may also collect the total sum of all Bookings made between the billing cycle of an Orbit Pass Subscription and/or Orbit Go Membership as payment for that billing cycle.
2. By choosing a payment method, You authorise Orbit, directly or through Third Parties, to make any inquiries We consider necessary to verify and update Your identity and payment method and otherwise charge Your payment method (including charging more than one payment method), either directly or indirectly, for all fees due (including any applicable taxes) in connection with your Orbit Account.
3. You acknowledge that certain payment methods may involve the use of Third-Party Content and Third Parties may impose additional terms and/or charge You additional fees when processing payments in connection with Your payment. We disclaim responsibility for any such fees and terms and all liability thereof. We are not responsible for any loss suffered by You as a result of incorrect payment method information provided by you.
4. The Payment Method provided by You will automatically be charged the fees and any other amounts You may incur or be liable for in connection with the Services. Recurring fees, which may include recurring subscription fees, begin accruing on the Effective Date after the trial period and will be charged on the first (1st) of each month unless we notify You otherwise. You are responsible for paying all Subscription Fees through the end of the Term. Overage fees and other non-recurring fees will be charged within thirty (30) days of You accruing such fees.
5. You are solely responsible for the payment of any taxes, public fees or excise duties attributable to Your Orbit Pass Subscription / Orbit Go Membership and any other Services which You may utilise, as well as any service fees and cancellation fees imposed pursuant to these Terms. In addition to any amount due as outlined above, if there are delinquent amounts or chargebacks associated with Your payment method, You may be charged fees that are incidental to Our collection of these delinquent amounts and chargebacks. Such fees or charges may include collection fees, convenience fees or other third-party charges.
6. You acknowledge and agree that, notwithstanding the fact that We are not a party to any agreement between You and the Host(s), We act as each Host’s payment collection agent for the limited purpose of accepting payments from You on behalf of the Host(s). Upon Your payment of the funds to Us, Your payment obligation to the Host(s) for the agreed upon amount is extinguished, and We are responsible for remitting the funds successfully received by Us to the Host(s). In the event that Orbit does not remit any such amounts, the Host(s) will have recourse only against Us and not You directly.
7. If We hold funds due to You (e.g., because We are unable to issue You a refund) or You do not use a gift card or gift credit for the relevant period of time set forth by Your state, country, or other governing body in its unclaimed property laws, We may process the funds due to You in accordance with Our legal obligations, including by reporting and escheating (sending) such funds to the appropriate governing body as required by applicable unclaimed property laws.
8. We will process each transaction in the currency You select via the Orbit Platform. The currencies available to make payments may be limited for regulatory or operational reasons based on factors such as Your selected payment method, Your country of residence and/or Your Orbit contracting entity(ies). Any such limitations will be communicated via the Orbit Platform, and You will be prompted to select a different currency or payment method. Certain fees may apply and the amount listed on Your card statement may be different from the amount shown at checkout if Your payment is processed outside of Your country of residence. We are not responsible for any such fees and disclaims all liability in this regard.
9. We may refer delinquent invoices to attorneys and/or collection agencies. To the fullest extent permissible pursuant to applicable law, You agree to pay or reimburse Us for all collection costs, including without limitation the standard fees of any collection agency, reasonable attorney and legal fees, and any other costs incurred in exercising any rights under this Agreement.
10. We reserve the right to decline or limit payments that We believe (i) may violate Our risk management policies or procedures, (ii) may violate these the Terms, (iii) are unauthorised, fraudulent or illegal; or (iv) expose You, Us, or others to risks unacceptable to Us.
REFUNDS
1. Any refunds or credits due to an Account holder pursuant to the Terms or other applicable refund or cancellation policy, will be initiated and remitted by Us in accordance with these Terms.
2. We will process refunds without undue delay, however, the timing to receive any refund will depend on the payment method and any applicable payment system (e.g., Visa, Mastercard, etc.) rules. In the event of a force majeure event that may affect the processing and settlement of refunds, We will initiate and process the refund as soon as is practicable.
3. To the extent You receive any funds in error, You agree to immediately return such funds to Us.
TERM AND TERMINATION
1. This Agreement enters into force at the Effective Date.
2. We shall deliver the Solution at Our sole discretion and We are under no circumstance obliged to deliver the Solution accordingly to Your wishes.
3. Your Account may be terminated if Your or Your team's Orbit Subscription expires and You do not enter into a subsequent subscription. Upon expiry or termination, all right to the Solution granted herein shall cease and any digital access credentials will be revoked and cease to function.
4. Termination of an Orbit Pass Subscription does not automatically terminate an Orbit Account.
5. You agree that Orbit may in our absolute discretion, block, terminate or suspend Your use of the Solution to You at any time with or without notice, for any reason, including without limitation, any fraudulent, abusive, or otherwise illegal activity, or that which may otherwise affect the enjoyment of the Solution by others, without liability to You and for any reason.
6. If You wish to terminate Your relationship with Us, You may do so by deleting Your own profile, or by notifying Us at any time. Termination of Your relationship with Us may result in the deletion of any or all of the Content.
7. You are solely responsible for ensuring that it has the necessary backups of the Content that You desire to retain when this Agreement is terminated.