Terms of Use

1. Definitions

For purposes of this EULA, the following terms have the meanings set forth below:

• "Orbit Charts," "we," "us," or "our" means Orbit Charts LLC, a Utah limited liability company.
• "Software" means the Orbit Charts desktop application, including all updates, upgrades, and related documentation.
• "Services" means the subscription-based access to market data visualization features provided through the Software.
• "You," "your," or "User" means the individual or entity that has purchased or is using the Software and Services.
• "Account" means your registered Orbit Charts user account.
• "Subscription" means your paid subscription plan (Essential, Advanced, or Max) that determines your level of access to the Services.
• "Market Data" means real-time and historical financial market data provided through the Software via our data provider partnerships.
• "Effective Date" means the date you first install the Software or create an Account, whichever occurs first.
• "Documentation" means any user guides, technical documentation, or help materials provided by Orbit Charts.

2. License Grant

2.1 Scope of License

Subject to your compliance with this EULA and payment of applicable subscription fees, Orbit Charts grants you a limited, non-exclusive, non-transferable, revocable license to:

• Install and use the Software on any number of devices you own or control solely to facilitate your use of the Services
• Access and use the Services associated with your Subscription tier
• View and analyze Market Data through the Software's visualization features

2.2 License Restrictions

This license is subject to the following restrictions:

You may NOT:

• Use the Software on more than one device simultaneously with a single Account (one Account = one active session at a time)
• Share, sell, rent, lease, sublicense, distribute, or transfer your Account credentials or license to any third party
• Use the Software or Services for any commercial purpose other than your own internal analysis and decision-making
• Decompile, reverse engineer, disassemble, or attempt to derive the source code of the Software
• Modify, adapt, translate, or create derivative works based on the Software
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices from the Software
• Use the Software to build a competitive product or service
• Circumvent or attempt to circumvent any technological protection measures in the Software
• Use automated systems, bots, or scripts to extract or scrape Market Data from the Software
• Redistribute, republish, or retransmit Market Data obtained through the Software

2.3 Account Usage

• Each Subscription license is for a single user only
• You are responsible for maintaining the confidentiality of your Account credentials
• You may not share your Account with multiple individuals
• Orbit Charts reserves the right to monitor Account usage to ensure compliance with the one-session-at-a-time restriction and this EULA

2.4 Reservation of Rights

Orbit Charts retains exclusive ownership of all right, title, and interest, including all intellectual property rights, in, to and under the Services, together with all modifications, updates, customizations, enhancements, improvements, and derivative works of any of the Services. Your rights to use the Services are limited to those expressly set forth in this EULA and no other rights (express, implied, by estoppel, through exhaustion, or otherwise) are granted to you.

3. Market Data Usage and Restrictions

3.1 Data Provision

Orbit Charts provides access to Market Data through partnerships with third-party data providers, including InsightSentry. Market Data is provided to you indirectly through Orbit Charts' infrastructure. You do not have a direct relationship with our data providers.

3.2 Display-Only License

Market Data provided through the Software is licensed strictly for display and visualization purposes only. This license explicitly prohibits:

• Automated Trading: Using Market Data for any form of automated trading, algorithmic trading, or automated order generation
• Non-Display Usage: Any use of Market Data that does not involve direct, human-readable display and visualization
• Data Extraction: Systematic downloading, extraction, or storage of Market Data outside the Software
• Price Referencing: Using Market Data as price references for trading platforms or order execution systems
• Redistribution: Sharing, republishing, or redistributing Market Data to any third party
• Commercial Resale: Selling or licensing Market Data or access to Market Data
• Competitive Use: Accessing the Services for the purpose of monitoring availability, performance or functionality or for any benchmarking or other competitive purpose

3.3 Permitted Uses

You may use the Software and Market Data for personal and internal use only for the following purposes:

• Personal market analysis and research
• Internal business analysis and decision-making
• Educational purposes
• Visualization and pattern recognition
• Manual trading decisions based on your own analysis

3.4 Data Accuracy and Timeliness

• Market Data is provided "as-is" from third-party sources
• Orbit Charts does not guarantee the accuracy, completeness, timeliness, or reliability of Market Data
• Market Data may be delayed, contain errors, or experience interruptions
• You acknowledge that Market Data providers may impose additional restrictions or requirements

5. Intellectual Property Rights

5.1 Ownership

All intellectual property rights in the Software, Services, and related materials are owned exclusively by Orbit Charts LLC. This includes, but is not limited to:

• Software source code and object code
• User interface design and layouts
• 3D visualization technology and rendering systems
• Proprietary algorithms and methodologies
• Documentation and help materials
• Trademarks, logos, and branding
• Trade secrets and confidential information

5.2 No Transfer of Rights

Nothing in this EULA transfers any intellectual property rights to you. You receive only the limited license rights expressly granted in Section 2.

5.3 Source Code

You acknowledge that the source code of the Software is a valuable trade secret and proprietary information of Orbit Charts. You have no right to access, view, or obtain the source code under any circumstances.

6. Subscription and Payment Terms

6.1 Subscription Tiers

Orbit Charts offers multiple subscription tiers (Essential, Advanced, Max), each providing different levels of access to features and Market Data. Your Subscription tier determines:

• Available market data
• Number of simultaneous chart windows
• Technical indicators and analysis tools
• Additional features and capabilities

6.2 Payment and Billing

• Subscriptions are billed in advance on a monthly basis as selected by you
• Payment is processed through Stripe, our third-party payment processor
• By subscribing, you authorize automatic recurring charges to your payment method
• All fees are non-refundable except as required by applicable law
• Prices are subject to change with notice to active subscribers

6.3 Auto-Renewal

• All Subscriptions automatically renew at the end of each billing period
• You will be charged automatically unless you cancel before the renewal date
• You are responsible for canceling your Subscription if you no longer wish to use the Services
• Cancellation takes effect at the end of your current billing period

6.4 Cancellation

• You may cancel your Subscription at any time through your Account settings, subject to the auto-renewal provisions in Section 6.3
• Upon cancellation, you retain access to the Services until the end of your current paid period
• After cancellation, at the end of your current paid period your access to use the software, premium features and Market Data will be terminated
• Your Account and basic profile information will remain accessible to allow easy resubscription

6.5 Refund Policy

No refunds will be provided for any Subscription fees, except where required by law, including but not limited to:

• Monthly subscription payments
• Upgrades to higher-tier plans
• Unused portions of your Subscription period
• Dissatisfaction with the Software or Services
• Account suspension or termination for violations

This no-refund policy applies even if you cancel your Subscription immediately after payment.

6.6 Free Trials

If you access the Services through a free trial:

• The trial period duration will be specified at sign-up
• Payment information must be provided to start a trial
• You will be automatically charged when the trial ends unless you cancel
• Only one free trial per user is permitted

7. User Conduct and Prohibited Activities

7.1 Acceptable Use

You agree to use the Software and Services only for lawful purposes and in accordance with this EULA. You will not:

• Violate any applicable laws, regulations, or third-party rights
• Use the Software to engage in illegal trading activities or market manipulation
• Attempt to gain unauthorized access to any systems or data
• Interfere with or disrupt the Software, Services, or servers
• Introduce viruses, malware, or other malicious code
• Impersonate any person or entity or misrepresent your affiliation
• Use the Software to harass, abuse, or harm others
• Create multiple Accounts to circumvent restrictions or obtain multiple free trials

7.2 Data Collection Prohibition

You specifically agree not to:

• Systematically collect, extract, or download Market Data through automated means
• Create databases or datasets from Market Data accessed through the Software
• Use web scraping, screen scraping, or similar techniques to extract data
• Attempt to reverse engineer data feeds or API connections

7.3 Enforcement

Orbit Charts reserves the right to:

• Monitor your use of the Software and Services, including to verify that your use complies with these terms
• Investigate suspected violations of this EULA
• Take appropriate action, including suspension or termination, for violations

8. Privacy and Data Collection

8.1 Privacy Policy

Your use of the Software and Services is also governed by our Privacy Policy, available at www.orbitcharts.com/privacy-policy. By using the Software, you acknowledge that you understand the data practices described in the Privacy Policy.

8.2 Data We Collect

Orbit Charts collects certain information to provide the Services, including:

• Account information (name, email address)
• Usage data and analytics
• Device and technical information
• Authentication and session data

8.3 No Storage of Market Data Viewing History

Orbit Charts does not store or log the specific Market Data you view, symbols you analyze, or charts you create. Market Data is streamed in real-time and not retained after your session ends.

9. Third-Party Services and Data Providers

9.1 Third-Party Dependencies

The Software relies on third-party services, including:

• InsightSentry: Market data provider
• Supabase: Database and authentication services
• Stripe: Payment processing services

9.2 Third-Party Terms

Your use of the Services may be subject to additional terms and conditions imposed by our third-party service providers. We are not responsible for the actions, content, or policies of these third parties.

9.3 Data Provider Restrictions

Our agreements with Market Data providers impose restrictions on how data may be used. By using the Services, you agree to comply with these restrictions as set forth in Section 3 (Market Data Usage and Restrictions).

9.4 Service Interruptions

Orbit Charts is not liable for any interruptions, errors, or unavailability of services caused by third-party service providers, including Market Data feeds, authentication services, or payment processing.

11. Warranties and Disclaimers

11.1 DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SOFTWARE AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

ORBIT CHARTS SPECIFICALLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY: The Software may not be suitable for your particular purposes
• FITNESS FOR A PARTICULAR PURPOSE: The Software may not meet your specific requirements
• NON-INFRINGEMENT: While we strive to respect intellectual property rights, we cannot guarantee the absence of all infringement claims
• ACCURACY OR RELIABILITY: Market Data and Software outputs may contain errors or inaccuracies
• UNINTERRUPTED OR ERROR-FREE OPERATION: The Software will contain bugs and may experience downtime
• SECURITY: While we implement reasonable security measures, we cannot guarantee absolute security
• DATA LOSS: The Software may experience data loss or corruption

11.2 Acknowledgment of Software Limitations

You specifically acknowledge and agree that:

• Complex software is never completely free from defects, errors, and bugs
• The Software is in early development and will have more issues than mature software
• Security vulnerabilities may exist in the Software
• The Software may not be compatible with all systems or configurations
• Features may be added, changed, or removed at any time without notice
• Performance may vary depending on your hardware, internet connection, and other factors

11.3 Third-Party Disclaimer

Orbit Charts is not responsible for:

• The accuracy, completeness, or timeliness of Market Data provided by third-party data providers
• Errors, omissions, or delays in Market Data transmission
• Any losses resulting from reliance on third-party data
• Actions or omissions of third-party service providers

12. Limitation of Liability

12.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ORBIT CHARTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY:

• INDIRECT DAMAGES: Including consequential, incidental, special, exemplary, or punitive damages
• LOST PROFITS: Including trading losses, lost business opportunities, or anticipated savings
• LOST REVENUE OR INCOME: From any cause whatsoever
• LOSS OF DATA OR INFORMATION: Including Market Data, charts, or analysis
• BUSINESS INTERRUPTION: Including inability to access the Software or Services
• LOSS OF GOODWILL OR REPUTATION: Resulting from Software issues or service interruptions
• COST OF SUBSTITUTE SERVICES: Including alternative data providers or software

EVEN IF ORBIT CHARTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Cap on Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF ORBIT CHARTS TO YOU FOR ALL CLAIMS OF ANY KIND ARISING OUT OF OR RELATING TO THIS EULA OR YOUR USE OF THE SOFTWARE AND SERVICES, WHETHER BASED IN CONTRACT, WARRANTY, OR TORT, SHALL NOT EXCEED, IN THE AGGREGATE, THE LESSER OF:

1. The total amount you paid to Orbit Charts for your Subscription in the three (3) months immediately preceding the event or events giving rise to liability.

12.3 Basis of the Bargain

You acknowledge that the limitations of liability in this Section 12 are essential elements of the agreement between you and Orbit Charts and that Orbit Charts would not provide the Software or Services without these limitations.

12.4 Exceptions

Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the above limitations may not apply to you to the extent prohibited by applicable law. Nothing in this EULA limits liability for:

• Death or personal injury caused by negligence
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded or limited under applicable law

13. Indemnification

13.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless Orbit Charts LLC, its officers, directors, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from or relating to:

• Your use or misuse of the Software or Services
• Your violation of this EULA
• Your violation of any applicable laws or regulations
• Your violation of any third-party rights, including intellectual property rights
• Any trading losses or financial damages to third parties that result from your use of the Services
• Your unauthorized use or redistribution of Market Data
• Content you submit or actions you take using your Account
• Your breach of any representations or warranties in this EULA

13.2 Defense and Settlement

Orbit Charts reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You will not settle any such matter without the prior written consent of Orbit Charts.

14. Updates and Modifications to Software

14.1 Software Updates

Orbit Charts may, from time to time, provide updates, upgrades, patches, or new versions of the Software. These updates may:

• Add new features or capabilities
• Remove or modify existing features
• Fix bugs or security vulnerabilities
• Change the user interface or user experience
• Improve performance or stability
• Require acceptance of new or modified terms

14.2 Automatic Updates

The Software may automatically download and install updates without prior notice. By using the Software, you consent to such automatic updates.

14.3 Mandatory Updates

Orbit Charts may require you to install updates to continue using the Software. Failure to install required updates may result in loss of access to the Services.

14.4 No Guarantee of Backward Compatibility

Orbit Charts does not guarantee backward compatibility of the Software, Services, or any API. Updates may break existing functionality or require changes to your workflow.

15. Termination

15.1 Termination by You

You may terminate this EULA at any time by:

• Canceling your Subscription through your Account settings
• Uninstalling the Software from all your devices
• Ceasing all use of the Services

Termination by you does not entitle you to any refund of Subscription fees.

15.2 Termination by Orbit Charts

Orbit Charts may suspend or terminate your access to the Software and Services immediately, without prior notice, if:

• You breach any provision of this EULA
• You engage in fraudulent, illegal, or abusive conduct
• Your payment method fails or your account becomes delinquent
• We are required to do so by law or legal process
• We discontinue the Services (see Section 15.4)
• We reasonably believe termination is necessary to protect our rights or the rights of others

15.3 Effect of Termination

Upon termination of this EULA:

• Your license to use the Software immediately terminates
• You must cease all use of the Software and Services
• You must uninstall the Software from all devices
• Orbit Charts may delete your Account data, including saved charts and settings
• You remain liable for all obligations incurred prior to termination
• Sections that by their nature should survive termination will continue in effect

15.4 Service Discontinuation

Orbit Charts reserves the right to discontinue the Software or Services, in whole or in part, at any time with or without notice. Upon discontinuation:

• You will not be entitled to a refund of prepaid Subscription fees
• Orbit Charts will have no liability to you for such discontinuation
• You will be notified if commercially reasonable to do so

16. Changes to This EULA

16.1 Right to Modify

Orbit Charts reserves the right to modify, amend, or update this EULA at any time. When we make changes:

• We will update the "Last Updated" date at the top of this EULA
• We will notify you via email of any material changes
• The updated EULA will be posted on our website
• Changes will become effective upon posting or as otherwise stated in the notice

16.2 Acceptance of Changes

Your continued use of the Software or Services after the effective date of changes constitutes your acceptance of the modified EULA. If you do not agree to the changes, you must:

• Stop using the Software and Services
• Cancel your Subscription
• Uninstall the Software from all devices

16.3 Previous Versions

Previous versions of this EULA are superseded by the current version. We may provide access to archived versions for reference purposes only.

17. Export Compliance

The Software may be subject to U.S. export control laws and regulations. You agree to comply with all applicable export and import laws and regulations. You represent and warrant that you are not:

• Located in, or a resident or national of, any country subject to U.S. government embargo or designated as a "terrorist supporting" country
• On any U.S. government list of prohibited or restricted parties
• Prohibited from receiving U.S. exports under applicable laws

You will not use the Software for any purposes prohibited by U.S. law, including the development, design, manufacture, or production of nuclear, missile, chemical, or biological weapons.

18. Government Users

If you are a U.S. government entity or using the Software on behalf of a U.S. government entity, the Software is "Commercial Computer Software" and "Commercial Computer Software Documentation" as defined in FAR 12.212 and DFARS 227.7202. Use, duplication, and disclosure by the U.S. government are subject to the restrictions set forth in this EULA.

19. Dispute Resolution and Arbitration

19.1 Governing Law

This EULA and any disputes arising out of or relating to this EULA or the Software shall be governed by the laws of the State of Utah and the United States, without regard to conflict of law principles.

19.2 Informal Dispute Resolution

Before filing a formal legal claim, you agree to first contact Orbit Charts at support@orbitcharts.com to attempt to resolve any dispute informally. We will work in good faith to resolve disputes through informal negotiation within sixty (60) days.

19.3 Arbitration Agreement

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS.

If informal dispute resolution is unsuccessful, you and Orbit Charts agree that any dispute, claim, or controversy arising out of or relating to this EULA or your use of the Software or Services (a "Dispute") shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, rather than in court.

Arbitration Terms:

• Arbitration will be conducted by a single neutral arbitrator
• The arbitration shall take place in Utah unless otherwise agreed
• The arbitrator's decision shall be final and binding
• Judgment on the arbitration award may be entered in any court of competent jurisdiction
• Each party shall bear its own costs and attorneys' fees unless the arbitrator determines otherwise

19.4 Class Action Waiver

YOU AND ORBIT CHARTS AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Unless both you and Orbit Charts agree otherwise in writing, the arbitrator may not consolidate or join more than one person's or party's claims and may not preside over any consolidated, class, or representative proceeding.

19.5 Exceptions to Arbitration

Notwithstanding the arbitration agreement above, either party may:

• Bring an individual action in small claims court if the claim qualifies
• Seek injunctive or other equitable relief in court to protect intellectual property rights

19.6 Opt-Out Right

You have the right to opt out of this arbitration agreement by sending written notice to support@orbitcharts.com within thirty (30) days of first accepting this EULA. Your opt-out notice must include your name, email address, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, all other terms of this EULA will still apply, but disputes will be resolved in court as described in Section 19.7.

19.7 Jurisdiction and Venue (If Arbitration Does Not Apply)

If the arbitration agreement does not apply for any reason, or if you properly opt out, you agree that any legal action or proceeding arising out of or relating to this EULA shall be brought exclusively in the state or federal courts located in Utah, and you consent to the personal jurisdiction of such courts.

20. General Provisions

20.1 Entire Agreement

This EULA, together with our Privacy Policy, constitutes the entire agreement between you and Orbit Charts regarding the Software and Services and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

20.2 Severability

If any provision of this EULA is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

20.3 Waiver

No waiver of any provision of this EULA shall be deemed or shall constitute a waiver of any other provision, nor shall any waiver constitute a continuing waiver. Orbit Charts' failure to enforce any right or provision of this EULA shall not constitute a waiver of such right or provision.

20.4 Assignment

You may not assign, transfer, or delegate this EULA or your rights and obligations hereunder without the prior written consent of Orbit Charts. Any attempted assignment in violation of this provision shall be void. Orbit Charts may assign this EULA, in whole or in part, without your consent.

20.5 Force Majeure

Orbit Charts shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including but not limited to:

• Acts of God, natural disasters, or severe weather
• War, terrorism, or civil unrest
• Government actions or regulations
• Internet or telecommunications failures
• Power outages or infrastructure failures
• Third-party service provider failures
• Cyber attacks or data breaches affecting third parties

20.6 Relationship of Parties

You and Orbit Charts are independent contractors. This EULA does not create any partnership, joint venture, employment, franchise, or agency relationship between you and Orbit Charts.

20.7 No Third-Party Beneficiaries

This EULA is for the benefit of you and Orbit Charts only and is not intended to benefit any third party or be enforceable by any third party. Our third-party service providers are not third-party beneficiaries of this EULA.

20.8 Headings

The section headings in this EULA are for convenience only and have no legal or contractual effect.

20.9 Interpretation

As used in this EULA, "including" means "including but not limited to." The words "herein," "hereof," and other similar words refer to this EULA as a whole and not to any particular section.

20.10 Language

This EULA is written in English. Any translations provided are for convenience only, and the English version shall control in the event of any discrepancy or conflict.

20.11 Electronic Communications

You consent to receive electronic communications from Orbit Charts, including emails, notifications in the Software, and messages posted on our website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

21. Contact Information

If you have any questions about these Terms of Use, please contact us:

Orbit Charts LLC

Email: support@orbitcharts.com

Location: Utah, United States

For legal inquiries, please include "Legal – Terms of Use" in the subject line.