Terms of Service
Draft pending attorney review. Do not rely on this version.
These Terms of Service (the "Terms") are an agreement between Orbit Pool Software ("Orbit", "we", "us") and the company that creates an Orbit account (the "Customer", "you"). They govern the Orbit owner dashboard, the Orbit mobile app and related services (the "Service"). By creating an account or using the Service you agree to these Terms on behalf of your company.
1. Accounts
The Service is for businesses. You must be at least 18 and authorized to bind your company. The person who creates the company account is the account owner. The owner may invite field technicians and office users; you are responsible for everyone who uses the Service under your account and for keeping login credentials confidential. Each person who uses the Orbit mobile app also agrees to the End User License Agreement. Tell us promptly at the contact address below if you believe an account has been compromised.
2. Subscription, trial and billing
New companies receive a free trial of 30 days. No payment method is required to start. When the trial ends, you may subscribe to a paid plan; if you do not, the account is paused and your data is retained as described in Section 7.
Paid plans are billed monthly in advance through our payment processor, Stripe. Plan prices and what each plan includes are published at orbitpoolsoftware.com/pricing. Plans that charge per field technician are billed for each active technician login; adding or removing a technician mid-month is prorated. Applicable sales tax is added where required.
You may cancel at any time from the dashboard. Cancellation takes effect at the end of the current billing month and no further charges are made. We do not offer refunds for partial months. We may change plan prices with at least 30 days' notice by email; continued use after the change takes effect is acceptance of the new price.
3. Payments you collect from your clients
The Service lets you invoice your own clients and accept card payments through a Stripe account connected to your company. Those payments are between you and your client; Orbit is not a party to them and does not hold the funds. Your use of Stripe is governed by the Stripe Connected Account Agreement, including the Stripe Services Agreement. You are responsible for your own invoices, refunds, disputes and taxes.
4. Your data
Everything you enter into the Service, including client records, pool and equipment details, service history, chemical readings, photos, quotes and invoices ("Customer Data"), belongs to you. You grant Orbit a license to store, process and display Customer Data only as needed to provide and support the Service. We do not sell Customer Data and do not use it for advertising. Each company's data is isolated from every other company's data by access controls enforced in the database.
You are responsible for having the right to enter the personal information of your clients and technicians into the Service, and for complying with the laws that apply to that information. Our handling of personal information is described in the Privacy Policy, and the Data Processing Addendum, which is part of these Terms, sets out how Orbit processes the personal information in Customer Data on your behalf.
5. Acceptable use
You agree not to: use the Service for anything unlawful; attempt to access another company's data or any part of the Service you are not authorized to use; probe, scan or test the Service for vulnerabilities without our written permission; interfere with the Service or its infrastructure; resell or sublicense the Service; or reverse engineer the software except where the law allows it regardless of this term.
6. Records and timestamps
Service visits and chemical readings are recorded with the service date reported by the device that created them and the time they reached our servers; time clock entries are recorded with the time reported by the device. A device's date or clock may be set incorrectly, and entries made offline are uploaded when the device reconnects, so a record's time can differ from when the work was done. You are responsible for reviewing records before relying on them for billing, payroll or compliance. Chemical readings are stored as entered and are not verified by Orbit; the Service does not provide chemical dosing advice.
7. Term, suspension and deletion
These Terms apply for as long as you have an account. We may suspend or terminate an account that violates these Terms, is used in a way that risks harm to the Service or other customers, or has an unpaid balance after notice. When a subscription lapses, the account is paused: existing data remains stored and readable, but no new records can be created until the subscription is restored. An account that stays paused for six months is scheduled for deletion; we email the account owner 30 days and 7 days beforehand and again when the deletion is scheduled, and the owner can keep the account by signing in and cancelling the deletion within the 30 days that follow. You may request deletion of your company and all of its data at any time; we complete deletion within 30 days except for records we are required to keep for tax, accounting or legal reasons.
8. Availability and support
We work to keep the Service available but do not guarantee uninterrupted operation. We may change or discontinue features with reasonable notice. Support is provided by email at the address below.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE". TO THE FULLEST EXTENT PERMITTED BY LAW, ORBIT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ORBIT DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR THAT DATA WILL NEVER BE LOST; YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN COPIES OF RECORDS YOU NEED.
10. Limitation of liability
TO THE FULLEST EXTENT PERMITTED BY LAW, ORBIT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR DATA, ARISING FROM OR RELATED TO THE SERVICE. ORBIT'S TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE IS LIMITED TO THE AMOUNT YOU PAID TO ORBIT IN THE 12 MONTHS BEFORE THE CLAIM AROSE.
11. Indemnity
You will defend and indemnify Orbit against claims arising from Customer Data, from your clients or technicians, from your use of the Service in violation of these Terms, or from your violation of applicable law.
12. Governing law and disputes
These Terms are governed by the laws of the State of California, without regard to its conflict of laws rules. Any dispute will be brought in the state or federal courts located in California, and both parties consent to their jurisdiction.
13. Changes to these Terms
We may update these Terms. If a change is material we will notify the account owner by email at least 30 days before it takes effect. The "Last updated" date above shows the current version.
14. Contact
Orbit Pool Software
Email: support@orbitpoolsoftware.com