Terms of Service
These Terms of Service ("Terms") are an agreement between you and Orbitrine. They apply when you pay for a plan, sign in to the client portal, view a private preview, or use any of our services. Please read them together with our Privacy Policy, Refund & Cancellation Policy, Acceptable Use Policy, Copyright & DMCA Policy and Preview Terms, which are part of these Terms.
1. Who we are
Orbitrine is the registered fictitious name of the owner, a sole proprietor located in Polk County, Florida ("Orbitrine", "we", "us"). You can reach us at service@orbitrine.com, by phone at —, or by mail at —.
2. Who may use the services
You must be at least 18 years old and able to enter into a binding contract. If you accept these Terms for a business, you confirm that you are authorized to bind that business, and "you" means that business. Our services are offered to clients in the United States.
3. What we provide
We design, build, host and maintain online 3D showrooms that present your pieces, products or work (a "Showroom"), and we provide private previews, a client portal and related support (together, the "Services"). The features, number of pieces and monthly change rounds included in each plan are described on our website and at checkout.
We do not sell your items, process payments from your buyers, ship goods, manage your inventory, or act as a marketplace. Buy or contact buttons on your Showroom send visitors to the store, marketplace, messaging app or email address you choose. Any sale is solely between you and your buyer, under the terms of the platform you use.
4. Fees and payment
- Setup fee. A one-time fee for building your Showroom, charged when you sign up.
- Plan fee. A recurring fee, billed monthly or annually, that covers hosting, maintenance, the change rounds included in your plan, and support.
- Add-ons. Extra change rounds, photo retouching, rush builds and similar extras are charged at the prices shown on our website or quoted to you in writing before we start.
Prices are in US dollars and do not include any taxes that may apply. Payments are processed by Stripe, Inc. We do not receive or store your full card number. We may change our prices for future billing periods by giving you at least 30 days' notice by email; a change never affects a period you have already paid for.
5. Automatic renewal
Your plan fee renews automatically at the end of each billing period (each month for monthly plans, each year for annual plans) at the then-current price, until you cancel. By subscribing, you authorize us, through Stripe, to charge your payment method on each renewal date. For annual plans, we will email you a reminder between 30 and 60 days before each renewal date, explaining that the plan will renew unless you cancel and how to cancel.
6. Cancellation
You can cancel at any time, online, from the billing portal linked in your receipts and on our website, or by emailing service@orbitrine.com. Cancellation takes effect at the end of the billing period you have already paid for; your Showroom stays live until then. Refunds are handled as described in our Refund & Cancellation Policy.
7. Founding-client pricing
If you received founding-client pricing (a discounted setup fee), you agree to keep your plan active for at least 6 months and to let us show your Showroom and a short testimonial as examples of our work. If you cancel before 6 monthly plan fees have been paid (this does not apply to annual plans), we may charge the difference between the regular setup fee and the discounted setup fee you paid. This will be explained at checkout before you pay.
8. Building your Showroom
- Your materials. We start once we have received your onboarding form and the photos and details we need. Delivery times shown on our website are typical estimates, in business days, counted from that point. Missing or late materials extend them.
- Previews and approval. We share your Showroom first as a private preview in the client portal. Your setup fee includes a reasonable number of adjustments before launch. We publish your Showroom on your domain only after you approve it.
- Change rounds. A change round is one batch of requests sent together (for example: add these pieces, mark these as sold, update these prices). Each plan includes the rounds described at checkout. Unused rounds do not carry over to the next month. Extra rounds are charged as add-ons. Changes are usually published within 2 to 4 business days.
9. Your content
You keep all rights to the photos, texts, logos, prices and other material you give us ("Your Content"). You grant us a non-exclusive, worldwide, royalty-free license to host, copy, store, resize, retouch, format, display and transmit Your Content only as needed to provide the Services. If you allow us to show your Showroom as an example of our work (founding clients do), you may withdraw that permission for future use at any time by emailing us.
You promise that: (a) you own Your Content or have permission to use it; (b) Your Content and the items you offer are legal, authentic and accurately described, including condition, grading, materials and editions; (c) you are responsible for your prices, sales, taxes, shipping, returns and any laws that apply to your business; and (d) Your Content complies with our Acceptable Use Policy.
10. Our materials and license
The design of your Showroom, our software, viewer, templates, animations, effects, layouts, previews and the Orbitrine name and logo ("Our Materials") belong to us. While your plan is active and paid, we grant you a limited, non-exclusive, non-transferable license to use your Showroom on the domain or domains agreed with us. You may not copy, extract, download for reuse, reverse engineer, resell, sublicense or host Our Materials anywhere else, or use them to build a competing product.
When your plan ends, this license ends and we take your Showroom offline. If you ask within 30 days, we will send you Your Content (your original photos, texts and item data in a common format such as CSV or JSON). This does not include Our Materials.
11. Domains
When we register a domain for you, we register it in your name as the registrant wherever the registrar allows. Domain registration and renewal fees are paid by you at cost. You may transfer your domain away at any time; we will provide the transfer authorization within 5 business days of your request, once any domain fees you owe are paid. Domain availability, registrar rules and renewals are controlled by the registrar. We are not responsible for losing a domain that expires because its fees were not paid.
12. Third-party services
The Services rely on providers such as Cloudflare (hosting, security and sign-in), Stripe (payments) and the stores or marketplaces you link to. Their own terms apply to your use of them. We are not responsible for their outages, changes or decisions, but we will help you work around them where we reasonably can.
13. Previews and confidentiality
Private previews are governed by our Preview Terms. Previews, our internal prices and any non-public information we share with you are confidential; please do not share them.
14. Availability and support
We work to keep Showrooms fast and available, but we do not promise that the Services will be uninterrupted or error-free. We may perform maintenance from time to time. Support is provided by email on business days, Monday to Friday, Eastern Time.
15. No guarantee of results
The Services are provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not promise any number of visits, sales, followers or search rankings.
16. Limitation of liability
To the fullest extent permitted by law: (a) we are not liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill; and (b) our total liability for all claims relating to the Services is limited to the amount you paid us in the 6 months before the event that gave rise to the claim. Some jurisdictions do not allow certain limitations, so some of these may not apply to you.
17. Indemnity
You agree to defend and indemnify us against claims, losses and reasonable legal costs arising from Your Content, the items or services you offer, your dealings with your buyers, or your breach of these Terms.
18. Suspension and termination
We may suspend or end the Services, after notice where reasonable, if a payment remains unpaid after Stripe's retry period, if you seriously or repeatedly breach these Terms or our Acceptable Use Policy, or if the law requires it. You may stop using the Services at any time by cancelling. Sections 9 to 11 and 15 to 21 continue to apply after termination.
19. Governing law and disputes
These Terms are governed by the laws of the State of Florida and applicable federal law, without regard to conflict-of-law rules. Before filing any claim, both of us agree to try to resolve the dispute informally for at least 30 days, starting when one of us emails the other a written description of the issue. If it is not resolved, any claim must be brought in the state courts located in Polk County, Florida, or in the United States District Court for the Middle District of Florida, and both of us consent to those courts. Either of us may bring a qualifying claim in small claims court.
20. Changes to these Terms
We may update these Terms. If a change is material, we will tell you by email or in the client portal at least 30 days before it takes effect. If you do not agree, you may cancel before the change takes effect. Continuing to use the Services after that date means you accept the updated Terms.
21. General
- Electronic communications. You agree that we may send notices, receipts and agreements electronically, by email or in the client portal.
- Assignment. You may not transfer these Terms without our written consent. We may transfer them to an entity that takes over our business, such as a company we form to operate Orbitrine, and we will tell you if that happens.
- Entire agreement. These Terms, the policies linked above and your order at checkout are the entire agreement between us about the Services.
- Severability and waiver. If any part of these Terms is unenforceable, the rest stays in effect. Not enforcing a provision is not a waiver of it.
- Independent parties. Nothing in these Terms creates a partnership, employment or agency relationship.
- Force majeure. Neither of us is responsible for delays caused by events outside our reasonable control.
22. Contact
Questions about these Terms: service@orbitrine.com · — · —.