Terms of Service

Effective Date: January 2025

Introduction and Overview

Welcome to OrbitFlare. These Terms of Service ("Terms") constitute a legally binding agreement between you and ORBIT BLOCKCHAIN TECHNOLOGIES LLC (referred to herein as "OrbitFlare," "we," "us," or "our"), a Delaware limited liability company. These Terms govern your access to and use of our website located at orbitflare.com and all associated services, applications, and products (collectively, the "Services").

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services.

1. Definitions

For clarity and precision throughout this agreement, the following terms shall have the meanings set forth below:

  • "Account": The registered user profile you create to access and use certain features of our Services.
  • "Content": All information, data, text, software, music, audio, photographs, graphics, videos, messages, or other materials.
  • "Customer Data": Any data, information, or Content that you upload, submit, or otherwise transmit to or through the Services.
  • "Fixed Pricing System": OrbitFlare's pricing model where services are offered at clearly displayed, predetermined rates.
  • "Intellectual Property Rights": All rights in and to any copyright, trademark, service mark, trade secret, patent, or other intellectual property right.
  • "User": Any individual or entity that accesses or uses our Services.

2. Account Registration and Security

2.1 Account Creation

To access certain features of our Services, you may be required to register for an Account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.

2.2 Account Security

You are solely responsible for:

  • Maintaining the confidentiality of your Account credentials
  • Restricting access to your Account
  • All activities that occur under your Account
  • Notifying us immediately of any unauthorized access to or use of your Account

We reserve the right to disable any user identification code or password if we reasonably believe you have failed to comply with any provision of these Terms.

3. Intellectual Property Rights

3.1 OrbitFlare's Intellectual Property

OrbitFlare and its licensors exclusively own all right, title, and interest in and to the Services and all related technology and intellectual property rights. The Services are protected by copyright, trademark, patent, and other laws of the United States and foreign countries. Nothing in these Terms grants you any right, title, or interest in the Services, others' content on the Services, or OrbitFlare trademarks, logos, or other brand features.

3.2 Feedback and Suggestions

If you provide feedback, ideas, or suggestions regarding our Services ("Feedback"), you acknowledge that:

  • Such Feedback is provided voluntarily and without restriction
  • OrbitFlare has no obligation to you in connection with such Feedback
  • OrbitFlare may use such Feedback for any purpose without compensation or attribution to you

4. License and Use Restrictions

4.1 Limited License

Subject to your compliance with these Terms, OrbitFlare grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your legitimate business or personal purposes.

4.2 Restrictions

You shall not, and shall not permit any third party to:

  • Copy, modify, create derivative works of, or reverse engineer any portion of the Services
  • Access the Services to build a competitive product or service
  • Use the Services for any illegal purpose or in violation of any applicable laws
  • Attempt to gain unauthorized access to the Services or related systems
  • Interfere with or disrupt the integrity or performance of the Services
  • Remove or alter any proprietary notices or labels on the Services

5. Service Offerings and Pricing

5.1 Service Description

OrbitFlare provides blockchain infrastructure services, including but not limited to RPC node services, validator services, and related blockchain data services. All features, specifications, and prices of our Services are subject to change without notice.

5.2 Fixed Pricing Model

Unlike credit-based systems employed by other providers, OrbitFlare operates on a transparent fixed pricing model. All prices are clearly displayed on our website and are subject to change with 30 days' advance notice to existing customers.

5.3 Payment Terms

Payment must be made in advance for all Services. We accept major credit cards and other payment methods as specified during checkout. You agree to pay all charges at the prices then in effect for your purchases.

5.4 Refund Policy

Unless expressly stated otherwise in writing, you will only be entitled to a refund if we provide you with a Service that materially fails to meet the specifications described at the time of purchase. In such cases, your exclusive remedy is to contact our customer support team to request a refund. We reserve the right to determine, in our sole discretion, whether a refund is appropriate in any particular case.

5.5 Service Suspension

Failed payments may result in immediate service suspension or termination. We reserve the right to pursue any amounts you fail to pay in connection with our Services.

6. Service Level Commitments

6.1 Service Availability

We strive to maintain high service availability but do not guarantee uninterrupted service. Our specific uptime commitments, if any, will be detailed in a separate Service Level Agreement (SLA) applicable to the specific Service tier you purchase.

6.2 Maintenance Windows

We reserve the right to perform scheduled maintenance during designated maintenance windows, which may temporarily interrupt service. Whenever possible, we will provide advance notice of scheduled maintenance.

6.3 Force Majeure Events

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic, terrorism, riot, internet or power outages, or governmental action.

7. Acceptable Use Policy

7.1 Compliance with Laws

You agree to use our Services in compliance with all applicable laws, regulations, and third-party rights.

7.2 Prohibited Activities

You shall not use our Services to:

  • Engage in any unlawful activity or encourage others to engage in unlawful activity
  • Infringe or violate the intellectual property, privacy, or other rights of any third party
  • Transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable
  • Distribute malware, viruses, or any other malicious code
  • Attempt to gain unauthorized access to any system or network
  • Engage in any activity that interferes with or disrupts the Services

7.3 Monitoring and Enforcement

We reserve the right, but not the obligation, to monitor your use of the Services for compliance with these Terms. We may suspend or terminate your access to the Services for violations of this Acceptable Use Policy.

8. Termination

8.1 Termination by You

You may terminate your Account at any time by discontinuing use of our Services and contacting customer support to request Account deletion.

8.2 Termination by OrbitFlare

We may terminate or suspend your access to all or part of the Services immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms.

8.3 Effect of Termination

Upon termination:

  • Your right to use the Services will immediately cease
  • Any fees paid for unused Services are non-refundable unless otherwise required by law
  • All provisions of these Terms which by their nature should survive termination shall survive termination

9. Disclaimers and Limitations of Liability

9.1 Disclaimer of Warranties

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. ORBITFLARE DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

9.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ORBITFLARE, ITS AFFILIATES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES.

9.3 Cap on Liability

ORBITFLARE'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES FINALLY AWARDED SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO ORBITFLARE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

10. Indemnification

You agree to defend, indemnify, and hold harmless OrbitFlare, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any copyright, property, or privacy right; or (d) any claim that your Customer Data caused damage to a third party.

11. Governing Law and Dispute Resolution

11.1 Governing Law

These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles.

11.2 Dispute Resolution

Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Newark, Delaware, using the English language in accordance with the Arbitration Rules and Procedures of JAMS then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes.

11.3 Exceptions to Arbitration

Nothing in this section will preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction, nor will it prevent OrbitFlare from seeking injunctive relief against you in any jurisdiction where appropriate.

12. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the revised Terms.

13. General Provisions

13.1 Entire Agreement

These Terms constitute the entire agreement between you and OrbitFlare regarding the Services and supersede all prior agreements and understandings, whether written or oral.

13.2 Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

13.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision.

13.4 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without OrbitFlare's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. OrbitFlare may assign or transfer these Terms, at its sole discretion, without restriction.

13.5 Notices

We may provide notices to you via email, regular mail, or postings on our website. Notices to us should be sent to the address in Section 14.

14. Contact Information

If you have any questions about these Terms, please contact us at:

ORBIT BLOCKCHAIN TECHNOLOGIES LLC
131 CONTINENTAL DR, SUITE 305
NEWARK, DE 19713
Email: legal@orbitflare.com

15. Geographical Restrictions

Due to U.S. sanctions and export control laws, we do not allow customers with IP addresses originating in the following regions or countries to create accounts or use our Services: Cuba, North Korea, Iran, Syria, or Crimea. We reserve the right to update this list at any time to comply with applicable laws and regulations.

Last Updated: January 2025

Last updated: October 20, 2025