Terms of Service

These Terms of Service (the "Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Orbinux LLC, a Limited Liability Company organized under the laws of the State of Wyoming ("Company," "we," "us," or "our"), concerning your access to and use of the Ideario mobile application, the website [orbinux.com], and any related media form, media channel, mobile website, or mobile application related, linked, or otherwise connected thereto (collectively, the "Services").

The Company is registered in Wyoming, and our operational offices are located at 7345 W Sand Lake Rd Ste 210 Office 6764, Orlando, FL 32819.

IMPORTANT NOTICE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND BINDING ARBITRATION PROVISION (SECTION 18), INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE COMPANY. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

2.1 Ownership: Unless otherwise indicated, the Services and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Services (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

2.2 Artificial Intelligence (AI) Disclaimer: The Services utilize third-party artificial intelligence technologies, including but not limited to ElevenLabs and Suno (collectively, "AI Providers"), to generate audio, music, voiceovers, and other content ("AI Content").

• No Warranty of Uniqueness: You acknowledge that AI Content is generated algorithmically and the Company makes no representation or warranty that such content is unique or does not infringe on the rights of third parties.
• User Responsibility: You are solely responsible for your use of the AI Content. The Company disclaims all liability for any "hallucinations," inaccuracies, offensive material, or copyright infringements generated by the AI Providers. You agree to use AI Content in compliance with the Terms of Use of the respective AI Providers.

By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information; (3) you have the legal capacity and you agree to comply with these Terms; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Services; (6) you will not access the Services through automated or non-human means, whether through a bot, script, or otherwise; and (7) your use of the Services will not violate any applicable law or regulation.

You may be required to register with the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

5.1 Subscription Plans: The Service offers "Freemium" and "Premium" tiers. Premium features are billed on a subscription basis ("Subscription"). 

5.2 Billing: All payments are processed through the Apple App Store or Google Play Store. Orbinux LLC does not directly store your credit card information. You agree to abide by the billing terms and conditions of the respective App Store. 

5.3 Automatic Renewal: Your Subscription will automatically renew at the end of each billing cycle unless you cancel it at least 24 hours before the expiry of the current period. 

5.4 Refunds: Refunds are handled exclusively by Apple and Google in accordance with their refund policies. Orbinux LLC cannot directly issue refunds for in-app purchases. 

5.5 Right of Withdrawal (EU/UK Users Only): If you are located in the European Union or the United Kingdom, you usually have the right to withdraw from a digital content purchase within 14 days. However, by using the Services and accessing immediate content, you acknowledge that you lose your right of withdrawal once the download or streaming has begun.

You may not access or use the Services for any purpose other than that for which we make the Services available. Prohibited activities include, but are not limited to:

• Systematically retrieving data to create a collection or database without written permission.
• Circumventing, disabling, or interfering with security-related features.
• Disparaging, tarnishing, or otherwise harming, in our opinion, us and/or the Services.
• Using the Services to generate deepfakes, hate speech, or content that promotes illegal acts.
• Reverse engineering, decompiling, or disassembling the software.

The Services may invite you to chat, contribute to, or participate in blogs, message boards, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content (collectively, "Contributions"). 

7.1 License to Company: By posting Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to use, copy, reproduce, disclose, sell, publish, and distribute such Contributions for any purpose (commercial or otherwise). 

7.2 Warranty: You represent that you own or have the necessary licenses to your Contributions and that they do not violate the rights of any third party.

We respect the intellectual property rights of others. If you believe that any material available on or through the Services infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent at: Email: contact@orbinux.com Subject: DMCA Takedown Request Please include: (a) a description of the copyrighted work; (b) the URL where the material is located; (c) your contact info; and (d) a statement under penalty of perjury that you are the owner or authorized agent.

9.1 Use License: If you access the Services via a mobile application, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you. 

9.2 Apple and Android Devices: You acknowledge that these Terms are between you and Orbinux LLC only, not with Apple Inc. or Google Inc. Orbinux LLC, not Apple or Google, is solely responsible for the Service and the content thereof. Apple and Google have no obligation whatsoever to furnish any maintenance and support services with respect to the Service.

The Services may contain links to third-party websites ("Third-Party Websites") and content/software from third parties ("Third-Party Content"), including Firebase, ElevenLabs, and Suno. We are not responsible for any Third-Party Websites or Third-Party Content. Inclusion of any link does not imply approval or endorsement by us.

We care about data privacy and security. Please review our Privacy Policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Terms.

These Terms shall remain in full force and effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICES (INCLUDING BLOCKING CERTAIN IP ADDRESSES) TO ANY PERSON FOR ANY REASON.

We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you.

These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of Wyoming, applicable to agreements made and to be entirely performed within the State of Wyoming, without regard to its conflict of law principles.

15.1 Informal Negotiations: To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute" and collectively, the "Disputes"), you and the Company agree to first attempt to negotiate any Dispute informally for at least thirty (30) days before initiating arbitration. 

15.2 Binding Arbitration: If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute shall be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. 15.3 Location: The arbitration shall take place in Wyoming, United States.

THE PARTIES AGREE THAT ANY ARBITRATION SHALL BE LIMITED TO THE DISPUTE BETWEEN THE PARTIES INDIVIDUALLY. TO THE FULL EXTENT PERMITTED BY LAW, (A) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER PROCEEDING; (B) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (C) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS.

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Services; (3) breach of these Terms; (4) any breach of your representations and warranties set forth in these Terms; or (5) your violation of the rights of a third party, including but not limited to intellectual property rights.

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing.

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

Orbinux LLC 7345 W Sand Lake Rd Ste 210 Office 6764 Orlando, FL 32819 United States Email: contact@orbinux.com