Terms of Service

This End User License Agreement ("EULA") is a legal agreement between you ("USER") and Orbit(maintained by CAMPOS ENGENHARIA GYN LTDA, a limited liability company incorporated in Brazil under corporate taxpayer registry (CNPJ) No. 52.791.820/0001-42, hereinafter "LICENSOR"). By creating an account, subscribing to a plan, or using our services, you declare that you have read, understood, and accepted all conditions set forth herein. If you do not agree, you must immediately stop using the system.

1. Grant of License

1.1. Orbit operates under the Software as a Service (SaaS) model. The USER is granted a temporary, revocable, non-exclusive, and non-transferable license to use the platform.

1.2. The source code, data architecture, trademarks, and design are the intellectual property of the LICENSOR. Reverse engineering, interface copying, decompilation, or unauthorized commercial exploitation will result in immediate account suspension.

1.3. The USER assumes exclusive civil and criminal responsibility for the content transmitted through the platform, holding the LICENSOR harmless against any illicit activities or violation of third-party rights.

2. Connected Accounts and Platform Rules

2.1. Orbit integrates with Instagram and WhatsApp exclusively through Meta's official APIs. We do not use, endorse, or support unofficial methods (such as reading QR Codes via reverse engineering), which violate Meta's terms and may lead to number bans.

2.2. By connecting an account, the USER declares to be the owner or have express authorization to operate it, and is also subject to Meta's terms: WhatsApp Business Policy, Meta Platform Terms, and Instagram's content policies.

2.3. Important: a number connected to the WhatsApp Cloud API will no longer work in the WhatsApp Business app. This is a Meta rule, not an Orbit rule. Migration is the USER's exclusive decision.

2.4. The LICENSOR is not responsible for blocks, suspensions, quality limitations, or bans applied by Meta to the USER's accounts as a result of their messaging practices or API usage.

2.5. Practical irreversibility of migration. Meta describes its own procedure to revert a number from the WhatsApp Cloud API back to the WhatsApp Business app, a process prone to failure and outside the LICENSOR's control. The LICENSOR does not provide support, assistance, or intermediation for the reversal process, and the USER must treat the migration as permanent. The decision to migrate rests solely with the USER, made after the warnings available in the Help Center.

2-A. Inherent Limitations of the Official API

2-A.1. Groups are not supported. The WhatsApp Cloud API does not receive, send, or list group messages. This is a limitation of Meta's own API, not of Orbit. By migrating a number to the official API, the USER permanently loses group functionality on that number.

2-A.2. 24-hour window. Meta only allows free-form text messages within 24 hours of the end customer's last message. Outside that window, only templates previously approved by Meta may be sent — at the cost described in clause 6.5.

2-A.3. Template approval. The creation and approval of message templates are performed by Meta, in its own systems and according to its own criteria. The LICENSOR merely displays already-approved templates and does not influence, expedite, or guarantee any approval.

2-A.4. Data not provided by the API. Certain information is not made available by Meta's APIs — including the profile picture of WhatsApp contacts and, while the corresponding permissions remain pending approval, the real name of Instagram contacts. The absence of such data in the interface does not constitute a service failure.

3. Acceptable Use

It is expressly forbidden to use Orbit to:

Send spam, unsolicited mass messages, or messages to purchased lists;
Contact individuals who have requested to opt-out;
Engage in fraud, phishing, scams, or ideological falsehood;
Disseminate illegal, discriminatory, violent, or sexually explicit content;
Market products or services prohibited by Meta's policies;
Automate third-party accounts without authorization.

Violation will result in immediate suspension, without a refund, and reporting to authorities where applicable.

3.1. Bulk sending. The broadcast feature is intended exclusively for contacts who have already engaged in conversation with the USER and for whom a legal basis to receive messages exists. It is forbidden to use it for purchased lists, lists imported from third parties, or lists obtained without consent. The USER is solely responsible for the origin of their database and for honoring opt-out requests.

3.2. Number quality. Meta assigns a quality rating to each number and may reduce sending limits, restrict, or ban numbers with high rates of blocks and reports from recipients. This assessment belongs exclusively to Meta; the LICENSOR neither controls it, disputes it, nor is liable for its consequences.

4. Artificial Intelligence

4.1. The AI assistant responds exclusively based on the information registered by the USER (catalog, rules, objective). The LICENSOR does not review or validate this content.

4.2. Language models can produce inaccurate responses. The responsibility for the content sent to contacts lies entirely with the USER, who must monitor the conversations and take over support when necessary.

4.3. The LICENSOR is not responsible for negotiations, pricing, deadlines, or commitments made by the assistant configured by the USER.

5. "AS IS" Warranty and Limitation of Liability

5.1. The platform is provided on an "AS IS" basis. Although we act to guarantee maximum stability, we do not guarantee fault-free operation, especially due to instability from third-party providers (Meta, Google Cloud, Groq, Hostinger).

5.2. The LICENSOR declines any obligation to indemnify for lost profits, lost sales, data loss, indirect, or reputational damages. The maximum global liability is limited to the value of the monthly fees effectively paid by the USER in the 3 (three) months preceding the damaging event.

5.3. SLA: We will make our best efforts to maintain 99% annual uptime. In the event of unavailability outside maintenance windows, the sole remedy is a proportional credit in the next cycle.

6. Subscriptions, Defaults, and Pricing

6.1. Cancellation can be done at any time and stops auto-renewal. Amounts for the current cycle are non-refundable proportionally; access is maintained until the end of the paid term.

6.2. In case of delay, late fees and penalties may apply. Failure to pay results in access suspension until regularization.

6.3. Accounts suspended or in default for more than 60 days may have their data deleted permanently and irreversibly.

6.4. The LICENSOR may adjust new subscription prices at any time. For active subscriptions, changes require a 30-day notice, guaranteeing the right to cancel before the new charge.

6.5. Meta costs — independent of the subscription. Sending message templates over WhatsApp is charged by Meta, directly to the USER, according to that platform's current rate table, which varies by country and message category and may be unilaterally changed by Meta at any time.

6.5.1. The LICENSOR does not invoice, intermediate, pass through, or receive any portion of these amounts. The billing relationship is established between the USER and Meta, through the payment method the USER themselves registered in Meta's Business Portfolio.

6.5.2. Support regarding amounts is with Meta. Questions, disputes, refunds, or billing discrepancies must be handled directly with Meta. The LICENSOR does not provide support on pricing, does not issue tax documents for these amounts, and is not liable for them.

6.5.3. Bulk sending. A broadcast generates one charge per recipient. A broadcast to 500 contacts generates 500 charges by Meta. The platform displays the recipient count and requires explicit confirmation before starting; by confirming, the USER declares full awareness of the resulting cost.

6.5.4. No cost estimates. The LICENSOR does not display cost estimates in currency precisely because the rate table belongs to Meta and is subject to change. The platform provides a link to the official table, which the USER is responsible for consulting beforehand.

6.6. Plan limits. Each plan has monthly limits (including, without limitation, automations, audio transcriptions, channels, and members), described on the pricing page. Once a limit is reached, the corresponding features are automatically paused until cycle renewal or upgrade, which does not constitute a service failure or entitle the USER to a refund, with full access to the inbox and manual handling remaining available.

6.7. One-time free period per channel. The free period is tied to the connected channel (social media account or phone number), not merely to the registration. A channel that has already used the free plan does not restart it when connected to a new account, even under a different email. Legitimate reconnection cases may be handled by support.

7. Content Ownership

7.1. The USER retains exclusive ownership of their conversations, contacts, media, and settings ("User Content"). Orbit does not claim rights over this content.

7.2. By using the platform, the USER grants the LICENSOR a non-exclusive, revocable, and free license to host, store, process, and transmit the Content exclusively for providing the service and support. The license expires upon account deletion.

8. Account Deletion

8.1. The USER can request deletion at any time via the Data Deletion page or via support email. Deletion results in the immediate and irreversible loss of all data, with no refund. Active subscriptions must be canceled separately.

8.2. Anti-fraud exception. The technical channel-link record described in item 10.1 of the Privacy Policy remains stored even after account deletion — consisting solely of the connected asset's public identifier and the connection date, without any content, message, or contact data. This record supports the rule in clause 6.7 and is automatically deleted 5 years after the last connection.

9. Force Majeure

The LICENSOR is not responsible for delays or failures resulting from force majeure or acts of God (natural disasters, wars, blackouts, massive cyber attacks, government decisions, prolonged unavailability of suppliers).

10. Age Restriction

Orbit is intended exclusively for individuals over 18. By creating an account, you declare you have reached the age of legal majority in your jurisdiction.

11. Marketing

The USER authorizes Orbit to mention their brand and logo in promotional materials and in the "Our Clients" section, unless formally refused via email. Aggregated and anonymized usage metrics can be compiled for product improvement.

12. Dispute Resolution and Jurisdiction

12.1. The parties will first seek amicable resolution through written communication to support.orbit@expertbr.com, with a 15-day response time.

12.2. These Terms shall be governed by and construed in accordance with the laws of the Federative Republic of Brazil, where the LICENSOR is established.

12.3. Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of Goiânia, State of Goiás, Brazil, without prejudice to mandatory consumer protections applicable in the USER's country of residence.

13. Final Provisions

13.1. Tolerance regarding the breach of any clause is a mere liberality, not configuring novation or waiver of rights.

13.2. These terms constitute the entire agreement between the parties, revoking previous understandings.

13.3. Platform dependency and roadmap.The features depend on third-party APIs (notably Meta Platforms, Inc.), which may be changed, limited, or discontinued unilaterally by their owners, in which case the LICENSOR will use reasonable efforts to adapt, without guaranteeing the continuity of any specific feature. Features announced as forthcoming ("coming soon") do not constitute a contractual promise or delivery deadline.

13.4. Governing language. These Terms are provided in Portuguese, English, Spanish, and French. In case of any interpretation discrepancy between versions, the Portuguese version prevails.