Terms and Conditions

Last updated: 30 July 2026 · Version 1.3

1. Parties to the contract

This contract is entered into between:

• Owner: Mónica Lorenzo González, Tax ID (NIF) 38131132F, D-U-N-S Number 374082016, with registered address at C/ Garcilaso 26, 3º 1ª, 08027 Barcelona, Spain. Email: orbita@orbitasolutions.org (hereinafter "ōrbita" or "the Owner").
• User: the natural or legal person who registers on the website, creates an account or subscribes to the service (hereinafter "the User").

2. Purpose of the service

ōrbita is a SaaS platform aimed at small businesses, sole traders and professionals, offering, among other features:

• AI-assisted generation of marketing plans and content.
• Editorial calendar and scheduled publishing to connected social networks.
• Social network metrics and analytics (followers, interactions, reach).
• Storage of the User's assets (text, images, audio) for use in campaigns.

The specific features available to each User depend on the plan subscribed to and on the state of the product at any given time.

3. Registration and user account

To access the service the User must create an account providing truthful, accurate and up-to-date information. The User is responsible for keeping their credentials confidential and for any activity carried out from their account. They must notify ōrbita immediately of any unauthorised access.

Only people over 16 years of age with legal capacity to contract may register. If you act on behalf of a company, you declare that you are authorised to do so.

3.1 Types of User

ōrbita is designed for three User profiles, with different legal consequences:

• (a) Business or sole trader for internal use: subscribes to ōrbita to manage the marketing of their own business. They are the data controller for the personal data of their followers, contacts and customers; ōrbita acts as data processor under the DPA.
• (b) Agency or professional providing services to clients: subscribes to ōrbita to manage the marketing of third-party businesses (their own clients). In this case the Agency's end client is the data controller, the Agency is the data processor, and ōrbita is the sub-processor. The Agency must have a data processing agreement with its clients expressly authorising sub-contracting through ōrbita; by accepting these Terms, the Agency confirms that it holds such authorisation.
• (c) Natural person without a business: a consumer within the meaning of Spanish Royal Legislative Decree 1/2007. The rights granted to consumers apply in full (withdrawal, jurisdiction of their place of residence, ODR), in accordance with sections 12 and 16.

If your situation changes (for example, you stop being a sole trader or start providing services to clients), you must update your profile in the dashboard so that the correct conditions apply.

4. Plans, pricing and billing

Plans, prices and included features are published on the website. Prices are expressed in euros and exclusive of taxes: VAT is not included and is calculated according to your country at the time of payment; where applicable, any relevant tax withholdings will also apply. ōrbita may modify prices; for active subscriptions, new prices apply from the next renewal period, with at least 30 days' prior notice.

Payments are processed through Stripe. Billing is issued monthly or annually depending on the plan. Non-payment entitles ōrbita to suspend or cancel access to the service after reasonable prior notice.

4.1 Open summer beta (temporary free access)

During the summer of 2026 ōrbita is running an open beta in which the service, with all its features (including AI content generation), is provided free of charge until 1 October 2026, with no need to enter payment or credit card details.

• Free access is temporary and ends automatically on 1 October 2026. This is a testing phase, so the service may present incidents or changes; the User can report them to orbita@orbitasolutions.org.
• Participating in the beta does not oblige the User to subscribe to any paid plan and does not generate any automatic charge when it ends.
• When the beta ends, if the User does not subscribe to a paid plan, their account will switch to read-only mode: they keep their data and content, but cannot create or publish new content, until they decide to subscribe.
• Users who subscribe during the beta may benefit from the founder pricing conditions in force at that time, as published on the website.

ōrbita may end or modify the beta before the stated date for technical, legal or service availability reasons, informing the User with reasonable notice.

5. Acceptable use

The User undertakes not to use the service for:

• Unlawful or fraudulent activities, or activities contrary to public morals or public order.
• Infringing third-party rights (intellectual property, honour, privacy, data protection).
• Distributing sexual content involving minors, or violent, discriminatory, hateful or deceptive content.
• Sending unsolicited commercial communications (spam) without a legal basis.
• Reverse engineering, unauthorised mass scraping, attacks or attempts at unauthorised access.
• Interfering with the correct operation of the service or of the networks and suppliers that support it.

Breach of these rules entitles ōrbita to suspend or cancel the account without refund, without prejudice to any legal action that may apply.

6. User content and licences

The User retains all rights over the content they upload, generate or publish through ōrbita ("User Content"). The User is solely responsible for that content and warrants that they hold the rights necessary to use and publish it.

The User grants ōrbita a limited, non-exclusive, worldwide, royalty-free licence to host, process, transmit, display and technically modify the User Content solely for the purpose of providing the service (including sending it to AI providers under the conditions described in these Terms and in the Privacy Policy). This licence ends when the User deletes the content or closes their account, except where there is a legal obligation to retain it.

Processing of your company's URL. By registering their company's web address in ōrbita, the User expressly authorises ōrbita to access and process the public content of that URL for the sole purpose of pre-loading, within their account, the marketing plan, product catalogue, customer FAQs and brand elements. ōrbita will not use that content for other customers or to train general models. Access identifies itself with the User-Agent Orbita-Bot/1.0 (+https://orbitasolutions.org/bot) so the User can recognise it in their own server logs.

7. Connecting social networks

When the User connects their business social network accounts to ōrbita, they authorise ōrbita to act on their behalf within the technical limits of the service (publishing content, scheduling posts, retrieving metrics). Authentication is performed via OAuth: ōrbita does not store the User's passwords.

To the extent that ōrbita processes personal data of followers, contacts or third parties through those connections, the User is the data controller and ōrbita the data processor. This relationship is governed by the Data Processing Agreement (DPA), which is deemed an integral part of these Terms and is accepted automatically upon activating any social network connection.

7.1 Third-party platform terms

Each platform the User connects imposes its own terms, which apply cumulatively with these Terms. By connecting an account, the User declares that they own it or are authorised by its owner to manage it, and undertakes to comply with the terms of the relevant platform.

7.2 YouTube API Services

Google's processing of the data ōrbita accesses through those services is additionally governed by the Google Privacy Policy (https://policies.google.com/privacy). ōrbita's use of information received from Google APIs adheres to the Google API Services User Data Policy, including the Limited Use requirements.

The User may revoke ōrbita's access to their Google data at any time, either from within ōrbita or from their Google account security settings page. Details of what data is obtained from the YouTube API Services, how long it is kept and how it is deleted are set out in section 8.7 of the Privacy Policy.

When the User connects their Google Business Profile listing, the Google Privacy Policy and the Google API Services User Data Policy apply likewise, in addition to Google's guidelines for representing a business.

8. Artificial intelligence

ōrbita uses artificial intelligence models from providers such as OpenAI, Anthropic and Google Vertex AI to generate content, suggestions and marketing plans. These uses comply with Regulation (EU) 2024/1689 (the AI Act), under which ōrbita acts as deployer. The User acknowledges and accepts that:

• AI-generated content may contain inaccuracies and must be reviewed before publishing.
• The User is responsible for the content they ultimately publish, even if it was generated or suggested by AI, and for compliance with the sector-specific regulations applicable to their communications (advertising, health, financial, food, and so on).
• To generate content, the User may send these models information about their company and data they provide themselves. The safeguards described in the Privacy Policy apply.
• ōrbita configures AI services so that, where the provider allows it, the User's data is not used to train models.

8.1 The User's obligations when publishing AI-assisted content

In accordance with art. 50 of the AI Act and good practice on transparency towards the public:

• When the User publishes content generated or significantly manipulated by AI that could mislead as to its human origin (opinion-style text, synthetic video, artificial imagery), they must inform their audience that the content was created or assisted by artificial intelligence. ōrbita provides markers and disclosure templates within the product.
• It is prohibited to use ōrbita to generate:
  • Deepfakes of real people without their consent (synthetic audio, video or imagery realistically depicting them).
  • Content impersonating real individuals, brands or institutions.
  • Content aimed at subliminal manipulation, exploitation of vulnerabilities, social scoring or any other practice prohibited by art. 5 of the AI Act.
  • False or misleading information about products, services, health or any other regulated matter (LSSI, RDL 1/2007, sector-specific regulations).
  • Content that infringes third-party intellectual property rights or reproduces protected text or images without authorisation.
• The User assumes full responsibility, towards ōrbita and towards third parties, for the content they choose to publish, even if it was generated by AI. ōrbita acts as a technology tool and does not edit or approve the User's content.
• Where sector-specific regulations require it, the User must keep a record of the human oversight carried out before publishing.

8.2 Risk classification and prohibited practices

The intended uses of AI in ōrbita fall within the limited risk category of the AI Act (transparency). The service does not contemplate high-risk uses (Annex III: employment, credit, justice, and so on) or prohibited uses (art. 5). If the User detects or intends a use that could fall into these categories, they must refrain and, where appropriate, contact ōrbita to assess additional contractual adaptations.

9. ōrbita's intellectual property

ōrbita's software, brand, logos, documentation, interfaces and underlying technology belong to the Owner or are licensed to it. These Terms do not transfer any intellectual property rights to the User, but rather a limited, non-exclusive, non-transferable and revocable licence to use the service while the account is active and payments are up to date.

10. Service availability and support

ōrbita makes reasonable efforts to keep the service available 24/7 and to ensure its security. However, interruptions may occur due to scheduled maintenance, technical incidents, force majeure or causes attributable to external suppliers. Where possible, scheduled downtime will be announced in advance.

Support is provided by email at orbita@orbitasolutions.org and/or through the in-product chat, during European business hours. Paid plans may include specific service levels (SLAs) detailed in their description.

11. Suspension and termination

The User may cancel their account at any time from the settings panel or by requesting it by email. Cancellation takes effect at the end of the current billing period, except in applicable withdrawal cases.

ōrbita may suspend or terminate the User's access in the event of breach of these Terms, non-payment, well-founded suspicion of fraud, risk to the security of the service or legal obligation, with prior notice where reasonably possible.

After cancellation, the User's data will be kept for the legally required periods and deleted in accordance with the Privacy Policy. The User may export their content before cancelling.

12. Right of withdrawal

If the User is a consumer (a natural person acting for purposes outside their professional activity), they have 14 calendar days from subscription to withdraw without needing to give a reason, in accordance with Spanish Royal Legislative Decree 1/2007.

However, by requesting immediate commencement of the digital service, the User acknowledges that they will lose the right of withdrawal once the service has been fully performed or has begun to be provided with their express consent and their acknowledgement of the loss of that right.

13. Warranties and liability

ōrbita provides the service "as is" and "as available". To the maximum extent permitted by law, it does not warrant that the service will be uninterrupted, error-free or suitable for the User's specific purposes. ōrbita's total aggregate liability towards the User, for any cause relating to the service, is limited to the amount actually paid by the User in the 12 months preceding the event giving rise to the liability.

These limitations do not apply in cases of wilful misconduct, gross negligence, personal injury, or where mandatory law does not permit limitation, in particular in relation to the rights granted to consumers.

The User undertakes to hold ōrbita harmless against third-party claims arising from the User Content or from the User's breach of these Terms.

14. Data protection

The processing of personal data is governed by the Privacy Policy. The relationship between the User (controller) and ōrbita (processor) when third-party data is processed through the service is governed by the Data Processing Agreement (DPA).

15. Changes

ōrbita may modify these Terms to reflect legal, technical or product changes. Substantial changes will be communicated to the User at least 30 days in advance through the website or by email. If the User does not agree, they may cancel their account at no cost before the changes take effect; continued use of the service implies acceptance of the new Terms.

16. Governing law and jurisdiction

These Terms are governed by Spanish law and, where applicable, by European Union law. For any dispute, the parties submit to the courts of the User's place of residence where the User acts as a consumer; in all other cases, to the courts of the city of Barcelona, unless the law imposes another jurisdiction.

If you are a consumer, you may also use the European Online Dispute Resolution Platform.