Terms of Service

1. Introduction

Welcome to Orbit AI LMS ("Orbit", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our AI-powered learning management system for JEE and NEET exam preparation, available at getorbit.in.

By creating an account or using Orbit, you agree to be bound by these Terms. If you do not agree to these Terms, please do not use our service.

2. Eligibility and Age Requirements

2.1 General Eligibility

Our services are designed for students preparing for JEE and NEET examinations. You may use Orbit if you are:

• A student aged 13 or older preparing for competitive exams
• A parent or guardian registering on behalf of a minor
• An educator or institution providing supervised access

2.2 Parental Consent for Minors

• Your parent or legal guardian must consent to these Terms on your behalf
• Your parent/guardian is responsible for monitoring your use of the service
• Your parent/guardian may access your account data at any time
• Your parent/guardian may request account deletion

3. Beta / Early Access Features

3.1 What Beta Means

• Features may not work as intended or may be removed without warning
• Services may be unavailable for maintenance or due to bugs
• Your progress data may be deleted or reset during development
• AI may produce incorrect results more frequently than in production
• Rapid changes to user interface and functionality are expected

3.2 Beta User Acknowledgments

By using Orbit during beta, you acknowledge:

• Beta is provided "as-is" with no warranty of any kind
• We are NOT liable for data loss, bugs, crashes, or system outages
• You have NO right to damages for beta-phase issues
• Early access does NOT guarantee future access, discounts, or special status
• We may end beta and transition to paid tiers at any time

3.3 Beta Expiration

Currently, Orbit beta has no defined end date. We may end beta, transition to paid tiers, or discontinue the service at any time without prior notice.

• Beta access does NOT guarantee future access to Orbit
• Beta access does NOT entitle you to discounts, credits, or special status
• Free tier functionality may be modified or removed without notice
• Data collected during beta may be retained or deleted at our discretion

4. AI-Generated Content Disclaimer

4.1 Limitations You Accept

• Educational Purpose Only: AI content is a learning aid, not a replacement for official study materials, NCERT textbooks, or qualified educators.
• No Accuracy Guarantee: We cannot guarantee accuracy, completeness, or correctness. Errors, hallucinations, and inaccuracies will occur.
• AI Hallucinations: Google Gemini may generate plausible-sounding but entirely false information. Mathematical solutions may contain subtle errors.
• Algorithmic Limitations: Study plan recommendations are based on statistical models that may not reflect your actual learning needs.

4.2 No Recourse for AI Failures

Except as provided in Section 12 (Limitation of Liability), you have no right to sue for damages based on:

• AI generating incorrect information you relied upon
• Algorithm underestimating or overestimating your mastery
• Study plan recommendations not leading to target scores
• Any other AI-related failure or inaccuracy

5. No Guarantee of Results

We do not guarantee any specific examination results, ranks, or admissions outcomes.

5.1 What We Do NOT Guarantee

• A specific rank, score, or percentile on JEE Main, JEE Advanced, or NEET
• Selection to any college, institution, or course
• Improvement in your grades or test scores
• That your weaknesses will be identified before the actual exam
• That studying with Orbit will save you time compared to other methods

5.2 Factors Beyond Our Control

• Your personal effort, discipline, and study time invested
• Your innate aptitude for the subject matter
• External factors: coaching quality, school education, socioeconomic resources
• Exam difficulty on the day of the test
• Your mental and physical health during preparation and examination
• Changes to examination patterns or syllabus

5.3 Litigation Waiver

You agree that you will NOT sue Orbit for not achieving your target score or rank, failing to secure admission to a desired college, or any performance-related disappointment. Orbit is a study tool, not a guarantee. Exam success is entirely your responsibility.

6. Account Registration and Security

6.1 Account Creation

• You must provide accurate information during registration
• We use Google OAuth for authentication — you must have a valid Google account
• One account per person — sharing accounts is prohibited

6.2 Account Security

• You are responsible for maintaining the security of your Google account
• Do not share your login credentials with others
• Notify us immediately if you suspect unauthorized access
• We are not liable for losses resulting from unauthorized access due to your negligence

7. Acceptable Use

7.1 Permitted Uses

• Personal educational use for exam preparation
• Accessing and studying available content
• Taking practice tests and tracking progress
• Using AI features for doubt resolution

7.2 Prohibited Activities

You agree NOT to:

• Share account credentials with others
• Attempt to circumvent payment requirements for premium features
• Use automated bots, scrapers, or similar tools
• Harass other users or staff
• Upload malicious content or code
• Commercially redistribute exam answers or AI-generated content
• Reverse engineer our AI algorithms or systems
• Use the platform for any illegal purpose
• Impersonate others or misrepresent your identity
• Interfere with platform operations or security

8. User Feedback and Ideas

8.1 Feedback Ownership

Any feedback, suggestions, bug reports, feature requests, or ideas you submit to Orbit become our property:

• Orbit may use, modify, implement, or discard feedback without obligation
• Orbit owes you no compensation for using your ideas
• Orbit is not required to credit you for ideas used
• Feedback may be shared with our team, investors, or partners

8.2 Feedback License

By submitting feedback, you grant Orbit a perpetual, royalty-free, worldwide, irrevocable license to use the feedback to improve the platform, incorporate ideas into features, share feedback with third parties, and create derivative works.

9. Intellectual Property

9.1 Platform Content

All course materials, videos, instructor content, platform design, and branding are owned by Orbit AI LMS or our licensors and protected under Indian copyright law. You may not copy, distribute, or republish this content without permission.

9.2 AI-Generated Content

Study materials generated by our AI system are provided for your personal educational use only. Given the evolving legal status of AI-generated content ownership, we make no representations about copyright protection for such materials.

9.3 Your Content

You retain ownership of content you create (notes, quiz answers, uploaded documents). By using our service, you grant Orbit a non-exclusive, royalty-free license to:

• Store and display your content to you
• Use anonymized, aggregated data to improve our AI systems
• Process your responses for adaptive learning purposes

We will NOT sell your personal content to third parties or use it for advertising purposes.

10. Pricing, Payment, and Refunds

10.1 Current Pricing

Orbit currently offers a free beta tier. When paid services become available:

• Pricing will be clearly disclosed before any payment is required
• You will never be automatically enrolled in paid services
• All prices will include applicable GST

10.2 Refund Policy

When paid services are available:

• Cooling-Off Period: 7-day refund for new subscriptions (Consumer Protection E-Commerce Rules 2020)
• Defective Services: Full refund for materially defective services under Consumer Protection Act, 2019
• No Refund: Change of mind after cooling-off period; substantial use of premium features

11. Account Termination

11.1 Termination by You

You may terminate your account at any time by:

• Using account settings to delete your account
• Emailing support@getorbit.in with your deletion request

11.2 Termination by Us (For Cause)

We may suspend or terminate your account if you:

• Violate these Terms of Service
• Engage in fraudulent activity
• Fail to pay applicable fees after reasonable notice
• As required by law or regulatory authority

11.3 Termination by Us (For Business Reasons)

11.4 Right to Appeal

If your account is terminated, you may appeal by emailing support@getorbit.in within 30 days. We will review and respond within 14 business days.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

12.1 ABSOLUTE LIMITATION

ORBIT'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICE SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO ORBIT IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) INDIAN RUPEES ONE HUNDRED (₹100).

This cap applies regardless of the form of action (contract, tort, negligence, strict liability, or otherwise) and regardless of whether Orbit was advised of the possibility of such damages.

12.2 COMPLETE EXCLUSION OF DAMAGES

IN NO EVENT SHALL ORBIT, ITS FOUNDERS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR:

• Direct damages of any kind
• Indirect, incidental, special, consequential, or punitive damages
• Loss of profits, revenue, data, goodwill, or business opportunities
• Lost examination opportunities, admission rejections, or reduced marks
• Emotional distress, mental anguish, or psychological harm
• Lost study time or productivity loss
• Decisions made based on AI-generated content or recommendations
• Service interruptions, bugs, errors, or data loss
• Harm from any third-party service (Google Gemini, Supabase, AWS)
• Security breaches, unauthorized access, or data exposure
• Any other damages whatsoever, whether foreseeable or not

12.3 User Acknowledgment

You expressly acknowledge and agree that:

• You have been fully informed of the risks of using Orbit
• You voluntarily assume ALL risks associated with using the platform
• You waive any right to claim damages from Orbit for any reason
• This limitation is a fundamental element of the bargain between you and Orbit
• Orbit would not provide the service without this limitation

12.4 Statutory Exceptions

The above limitations apply to the fullest extent permitted by law. Where applicable law prohibits certain exclusions (such as the Consumer Protection Act, 2019 for consumer transactions), Orbit's liability shall be limited to the minimum extent permitted by such law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Orbit AI LMS, its founders, officers, employees, agents, and licensors from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of the platform, including violations of these Terms
• Your violation of any third-party intellectual property, privacy, or publicity rights
• Your creation, upload, or transmission of content through the platform
• Your breach of applicable law or regulation
• Any claim by a third party related to your account or activities
• Your sharing of account credentials or unauthorized account access

13.1 Exceptions

This indemnification does NOT apply to claims arising solely from our gross negligence, willful misconduct, or our violation of these Terms.

14. Disclaimer of Warranties & Assumption of Risk

14.1 "AS IS" AND "AS AVAILABLE"

ORBIT IS PROVIDED STRICTLY ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND.

14.2 Complete Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, ORBIT EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability
• Implied warranties of fitness for a particular purpose
• Implied warranties of non-infringement
• Warranty of title
• Warranty that the service will be uninterrupted, timely, secure, or error-free
• Warranty that defects will be corrected
• Warranty that the service will meet your requirements or expectations
• Warranty regarding accuracy, reliability, or completeness of any content
• Warranty that AI-generated content will be accurate, safe, or appropriate
• Warranty of specific learning outcomes, exam results, or academic success
• Any other warranty not explicitly stated in writing

14.3 Assumption of Risk

By using Orbit, you expressly assume ALL risks, including but not limited to:

• Risk of inaccurate, misleading, or harmful AI-generated content
• Risk of data loss, corruption, or unauthorized access
• Risk of service interruptions during critical study periods
• Risk of exam failure despite using the platform
• Risk of wasted time and effort on ineffective study methods
• Risk of financial loss from subscription fees with no guaranteed results
• Risk of psychological impact from exam underperformance
• Risk of bugs, errors, crashes, or platform instability
• Risk of security vulnerabilities or breaches
• Any and all other risks arising from use of the platform

14.4 No Reliance

You acknowledge that you have NOT relied on any representation, warranty, or statement made by Orbit or any person on Orbit's behalf, except as expressly set forth in these Terms. Any advice, recommendation, or information obtained from Orbit shall not create any warranty not expressly stated herein.

15. Service Availability

15.1 No Uptime Guarantee

Orbit does NOT guarantee:

• 24/7 availability of the platform
• Specific uptime percentage (e.g., 99.9%)
• That the service will never be down for maintenance
• That features will always work as intended

15.2 Your Responsibility

• Do NOT rely on Orbit for time-critical studying (e.g., last-minute exam prep)
• Do NOT depend on Orbit as your sole study tool
• Download important materials before exams

15.3 No Liability for Downtime

Except for your Consumer Protection Act rights, Orbit is NOT liable for lost study time, missed practice sessions, reduced exam performance, or any damages from service interruptions.

16. Third-Party Services

16.1 Services We Depend On

• Google OAuth: For user authentication
• Google Gemini API: For AI features
• Supabase: For database and storage (AWS infrastructure)

16.2 Liability Limitation

Orbit is NOT liable for:

• Any issues caused by Google, Supabase, AWS, or other third parties
• Data breaches at third-party providers
• Unavailability of third-party services
• Changes to third-party APIs or terms of service

By using Orbit, you acknowledge that your data passes through and is stored by these third-party services, each with their own privacy policies and terms.

17. Governing Law and Dispute Resolution

17.1 Governing Law

These Terms are governed by the laws of India, including the Information Technology Act, 2000; Consumer Protection Act, 2019; Digital Personal Data Protection Act, 2023; and Indian Contract Act, 1872.

17.2 Consumer Rights Protected

17.3 Mandatory Negotiation

Before filing any formal dispute, you must attempt to resolve the dispute through good faith negotiation with our legal team at legal@getorbit.in for 30 days.

17.4 Binding Arbitration

For all other disputes (contract interpretation, IP disputes, data disputes), if not resolved through negotiation, disputes shall be resolved by binding arbitration under the Indian Arbitration and Conciliation Act, 1996:

• Single arbitrator mutually agreed upon
• Seated in New Delhi, India
• Language: English
• Each party bears its own costs unless arbitrator awards costs
• Arbitration award is final and enforceable in any court

17.5 Class Action Waiver

Each party waives the right to pursue claims as part of a class action. All claims must be pursued individually. Any arbitration proceeding shall be limited to the disputes of the individual party bringing the claim.

17.6 Exceptions to Arbitration

Either party may seek injunctive relief in court for intellectual property infringement, breach of confidentiality, or account security breaches.

18. Modifications to Service and Terms

18.1 Right to Modify

Orbit reserves the right to modify, suspend, or discontinue any aspect of the service or these Terms at any time, for any reason, without liability.

This includes but is not limited to:

• Adding, removing, or modifying any feature or functionality
• Changing pricing, payment terms, or subscription models
• Modifying AI algorithms, study recommendations, or content
• Limiting, restricting, or eliminating free tier access
• Suspending or discontinuing the entire service
• Changing data retention, privacy, or security policies
• Modifying these Terms of Service in any way

18.2 Notice Obligations

For material changes to these Terms, Orbit will provide 7 days advance notice via email to your registered email address. Orbit determines in its sole discretion what constitutes a "material" change.

• Material changes: 7 days advance notice via email
• Non-material changes: Take effect immediately upon posting
• The "Last Updated" date at the top indicates when Terms were last modified
• It is YOUR responsibility to maintain a valid email address

18.3 Acceptance by Continued Use

YOUR CONTINUED USE OF ORBIT AFTER ANY MODIFICATION CONSTITUTES YOUR BINDING ACCEPTANCE OF THE MODIFIED TERMS.

If you do not agree to any modification, your sole and exclusive remedy is to immediately stop using Orbit and delete your account. You have no right to claim damages for any modification, regardless of its impact on you.

19. Force Majeure

Neither party shall be liable for failure to perform its obligations under these Terms due to events beyond reasonable control, including but not limited to:

• Natural disasters, earthquakes, storms, floods
• War, terrorism, civil unrest, government action
• Internet infrastructure failures, DDoS attacks, cyber threats
• Pandemic or public health emergencies
• Cloud service provider outages (AWS/Supabase)
• Third-party API failures (Google Gemini, Google OAuth)

Upon a force majeure event, obligations shall be suspended during the event with no liability for non-performance. This clause does NOT excuse payment obligations for services already rendered.

20. Miscellaneous

20.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Orbit regarding the use of our services.

20.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

20.3 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it later.

20.4 Assignment

You: May not assign or transfer your rights without our written consent.

Orbit: May assign its rights and obligations to any successor in the event of merger, acquisition, sale of assets, or insolvency. We are not required to obtain your consent. We will notify you via email of any assignment.

After assignment, the successor company may modify these Terms following the notice procedures in Section 18. Your continued use = acceptance.

21. Institutional Partnership Terms

21.1 Data Processing Agreement (DPA)

When an Institutional Partner subscribes to Orbit:

• Data Controller: The Institutional Partner is the Data Controller for student personal data under DPDP Act 2023
• Data Processor: Orbit acts as Data Processor, processing student data only as instructed by the Institution
• Purpose Limitation: Student data is processed solely to provide educational services specified in the institutional agreement
• Sub-processors: We use Google (AI services), Supabase (database), and Vercel (hosting). A complete list is available upon request
• Data Localization: Primary data storage is in India-based servers where available; some processing may occur in other jurisdictions through sub-processors

21.2 Parental Consent Delegation

When onboarding student accounts, the Institutional Partner:

• Represents and Warrants that verifiable parental consent has been obtained for all minor students
• Maintains Records of parental consent forms for at least 3 years or until student reaches 18, whichever is later
• Provides Consent Evidence to Orbit upon request for compliance verification
• Assumes Liability for any consent deficiencies discovered after student onboarding
• Notifies Parents of the student's enrollment and provides access to this Privacy Policy and Terms

21.3 Student Data Protection Obligations

Institutional Partners agree to:

• Access Control: Designate authorized administrators who may access student performance data
• Confidentiality: Not disclose individual student data to unauthorized third parties (including other parents)
• Security: Implement reasonable security measures for administrator accounts (strong passwords, MFA where available)
• Purpose Limitation: Use student data only for educational purposes and institutional reporting
• No Selling: Not sell, rent, or commercially exploit student data for any purpose
• Breach Notification: Notify Orbit within 72 hours of discovering any data breach affecting student accounts

21.4 Institutional Liability

The Institutional Partner agrees to indemnify and hold harmless Orbit from:

• Claims arising from failure to obtain proper parental consent
• Claims arising from misuse of student data by institutional staff
• Claims arising from unauthorized disclosure of student performance information
• Claims arising from the Institution's violation of DPDP Act or other applicable laws
• Claims arising from marketing representations made by the Institution beyond Orbit's official claims

21.5 Coaching Center Specific Terms

The following additional terms apply to coaching centers and tutoring institutes:

• Seat Licensing: Subscriptions are licensed per student seat. Sharing access credentials between students is prohibited
• Result Claims: Coaching centers may NOT use Orbit's name in result advertisements (e.g., "Powered by Orbit" next to toppers) without prior written approval
• Competitive Use: Data and insights from Orbit may NOT be used to develop competing products or services
• White-labeling: Orbit branding must remain visible to students unless a custom white-label agreement is in place
• Exclusivity: No exclusivity is granted; Orbit may partner with competing coaching centers in the same geography

21.6 Service Level Expectations

• Availability Target: 95% uptime during academic hours (6 AM - 11 PM IST)
• Support Response: Email support within 48 business hours; priority support available with enterprise plans
• Maintenance Windows: Scheduled maintenance will be communicated 48 hours in advance where possible
• Data Backup: Daily automated backups with 7-day retention
• Incident Communication: Status updates via email for outages exceeding 1 hour

21.7 Termination and Data Return

Upon termination of an institutional partnership:

• Notice Period: Either party may terminate with 30 days written notice
• Data Export: Institution may request export of student progress data in CSV/JSON format within 60 days of termination
• Data Deletion: Upon written request, all student data will be deleted within 90 days of termination, except where retention is required by law
• Account Transition: Individual students may request to convert institutional accounts to personal accounts, subject to obtaining personal/parental consent
• No Refunds: Prepaid fees are non-refundable upon termination, except for material breach by Orbit

21.8 Institutional Contact

For institutional partnerships, data processing inquiries, or enterprise agreements, contact us at schools@getorbit.in.

22. Contact Information