Please read these Terms of Use ("Agreement", "Terms of Use") carefully before using Family Orbit ("the Site" or "the App"), available online at www.familyorbit.com and on the app marketplace operated by AppObit LLC, doing business as Family Orbit ("us", "we", or "our"). This Agreement sets forth the legally binding Terms of Use for your use of the App at www.familyorbit.com.
By accessing or using the App or Site in any manner, including, but not limited to, visiting or browsing the App, the Website, or contributing content or other materials to the App or Site, you agree to be bound by these Terms of Use. Capitalized terms are defined in this Agreement.
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Family Orbit without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
Each time you use or access our App or website, you agree to be bound by these Terms of Use, as amended from time to time with or without notice to you. In addition, if you are using a particular service on or through our App or website, you will be subject to any rules or guidelines applicable to those services, and they shall be incorporated by reference into these Terms of Use. Please see our Privacy Policy, which is incorporated into these Terms of Use by reference.
Our App and services provided to you on and through our App and website are on an "AS IS" basis. Furthermore, you agree that the owners of this App and website exclusively reserve the right and may, at any time and without notice or any liability to you, modify or discontinue this App, website, and its services, or delete the data you provide, whether temporarily or permanently. We shall have no responsibility or liability for the timeliness, deletion, failure to store, inaccuracy, or improper delivery of any data or information.
Please Note: We will not be responsible for any apps, data, content, etc., that is hosted or downloaded from any third-party apps, third-party sites, and/or additional apps. Every user must be sure to conduct their own due diligence before using any services/products of outside sources.
To use this App or website, you must register on our App, agree to provide truthful information when requested, and be at least twenty-one (21) years old or older. When registering, you explicitly agree to our Terms of Use as may be modified by us from time to time and available here.
Registration data and other personally identifiable information that we may collect are subject to the terms of our Privacy Policy.
All services and products remain the property of Family Orbit until full payment is made. The price applicable is that set at the date on which you place your order. Service costs and payment fees are recognized before confirming the purchase. If you are under 18 years old, you must have your parents' permission to buy from Family Orbit. All transfers conducted through Family Orbit are handled and transacted through third-party dedicated gateways to guarantee your protection. Card information is not stored, and all card information is handled over SSL encryption. Please read the terms of service for the payment gateway chosen for the transaction, as they are responsible for the transactions made.
Please note that local charges (sales tax, customs duty) may occur depending on your region and local customs duties. These charges are at the customer’s own expense.
While using the App on mobile devices, you may be prompted to use our services, such as sending an SMS invite or message to a friend, which could potentially create charges from your service carrier that may cost you extra money, since mobile carrier rates may apply for such features like SMS. Moreover, in those cases, the Service will attempt to remind you before any messages are sent out of the possibility of extra charges. It is your responsibility and decision to use such services like SMS or email, and any such charges you may incur are not the responsibility of, and are not reimbursable by, Family Orbit.
You are responsible for maintaining the confidentiality of your password and shall be responsible for all uses via your registration and/or login, whether authorized or unauthorized by you. You agree to immediately notify us of any unauthorized use of your registration, user account, or password.
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video, or other materials ("Content"), publicly or privately provided, shall be the sole responsibility of the person providing the Content or the person whose user account is used. You agree that our App may expose you to Content that may be objectionable or offensive. We shall not be responsible to you in any way for the Content that appears on this App nor for any error or omission. Additionally, you understand that we cannot be held responsible for anyone's safety due to hardware or technological issues.
Furthermore, you explicitly agree, in using this App or any service provided, that you shall not:
(a) provide any Content or perform any conduct that may be unlawful, illegal, threatening, harmful, abusive, harassing, stalking, tortious, defamatory, libelous, vulgar, obscene, offensive, objectionable, pornographic, designed to or does interfere or interrupt this App or any service provided, infected with a virus or other destructive or deleterious programming routine, give rise to civil or criminal liability, or which may violate an applicable local, national, or international law;
(b) impersonate or misrepresent your association with any person or entity, or forge or otherwise seek to conceal or misrepresent the origin of any Content provided by you;
(c) collect or harvest any data about other users;
(d) provide or use this App and any Content or service in any commercial manner or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising without our prior written consent;
(e) provide any Content that may give rise to our civil or criminal liability or which may constitute or be considered a violation of any local, national, or international law, including but not limited to laws relating to copyright, trademark, patent, or trade secrets.
Family Orbit provides you, as the legal guardian of one or more children under the age of 18, with the ability to see and record various electronic activities of your children from computer or mobile devices. These activities may include text messages, call history, location, photos, address book, and other activities on various third-party applications. By using our service, you hereby warrant, represent, and certify the following:
(a) You agree to use the Service to protect and monitor your own underage minor children, for whom you are the legal guardian with the consent of both parents.
(b) You will not alter the settings of other adult members of your family to use the Service or App to monitor their activities.
(c) You agree to notify all adult and child account holders of your family about the App and its tracking features.
(d) You will not try to hide the icon, notifications, or other visible elements of the Service or App using device settings or third-party apps.
(e) You agree that as the legal guardian or parent of your minor children, you give yourself their consent to monitor and track their cell phone activities.
(f) You agree that all phones used by your minor children are purchased and paid for by yourself, and their carrier charges are also paid by you.
(g) You will not use this Service, the App, or the website to violate any law, rule, or governmental regulations you are subject to.
(h) Except when required by law, you will not allow any other person to access your Service account or activities within.
By providing any Content to our App, you agree to all of the following statements listed below:
(a) You agree to grant us a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and create derivative works and compilations, in whole or in part. Such license will apply to any form, media, or technology known or later developed;
(b) You warrant and represent that you have all legal, moral, and other rights that may be necessary to grant us the license set forth in this Section;
(c) You acknowledge and agree that we shall have the right (but not the obligation), in our sole discretion, to refuse to publish or remove or block access to any Content you provide at any time and for any reason, with or without notice.
Goods and services of third parties may be advertised and/or made available on or through this App. Representations made regarding products and services provided by third parties are governed by the policies and representations made by these third parties. We shall not be liable for or responsible in any manner for any of your dealings or interaction with third parties.
You agree to indemnify and hold us harmless, our subsidiaries, affiliates, related parties, officers, directors, employees, agents, independent contractors, advertisers, partners, and co-branders from any claim or demand, including reasonable attorney's fees, that may be made by any third party, that is due to or arising out of your conduct or connection with this App or website, your provision of Content, your violation of these Terms of Use, or any other violation of the rights of another person or party.
You understand and agree that your use of this App and any services or content provided (the "Service") is made available and provided to you at your own risk. It is provided to you "AS IS" and we expressly disclaim all warranties of any kind, either implied or express, including but not limited to the warranties of merchantability, fitness for a particular purpose, and non-infringement.
We make no warranty, implied or express, that any part of the Service will be uninterrupted, error-free, virus-free, timely, secure, accurate, reliable, of any quality, nor that any content is safe in any manner for download. You understand and agree that neither we nor any participant in the Service provides professional advice of any kind and that any advice or other information obtained via this App or website may be used solely at your own risk, and that we will not be held liable in any way.
You expressly understand and agree that we shall not be liable for any direct, indirect, special, incidental, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible loss (even if we have been advised of the possibility of such damages) resulting from or arising out of:
(a) The use of or the inability to use the Service;
(b) The cost of obtaining substitute goods and/or services resulting from any transaction entered into on or through the Service;
(c) Unauthorized access to or alteration of your data transmissions;
(d) Statements or conduct of any third party on the Service; or
(e) Any other matter relating to the Service.
In some jurisdictions, it is not permitted to limit liability, so such limitations may not apply to you.
You can cancel your subscription for the next renewal only. You cannot cancel the subscription for the months already paid for. All sales are final, and there is no refund. No refunds will be issued for a change of mind, inability to install the app, or inability to obtain the child’s Apple ID and password.
If you have purchased Family Orbit and it does not perform as advertised on our website, please notify us within 48 hours of purchase, and our technical support staff will work with you to resolve the issue. If the issue is not resolved within 7 days of your notification, a refund will be issued subject to a processing charge of 10%. Please note the following non-refundable scenarios before making your refund request:
Your subscription will automatically renew until canceled using the payment processing company. You can cancel the subscription using the "Manage Subscription" link in the purchase email or by making a request in writing to the support desk. A refund cannot be issued for failure to cancel a subscription before the auto-renewal.
We reserve all of our rights, including but not limited to all copyright, trademark, patent, trade secret, and any other proprietary right that we may have in our App, its content, and the goods and services that may be provided. The use of our rights and property requires our prior written consent. We are not providing you with any implied or express licenses or rights by making services available to you, and you will have no rights to make any commercial uses of our App or service without our prior written consent.
You agree that these Terms of Use and any dispute arising out of your use of this App or our products or services shall be governed by and construed in accordance with local laws where the headquarters of the owner of this App is located, without regard to its conflict of law provisions. By registering or using this App and service, you consent and submit to the exclusive jurisdiction and venue of the county or city where the headquarters of the owner of this App is located.
(a) In the event that these Terms of Use conflict with any law under which any provision may be held invalid by a court with jurisdiction over the parties, such provision will be interpreted to reflect the original intentions of the parties in accordance with applicable law, and the remainder of these Terms of Use will remain valid and intact;
(b) The failure of either party to assert any right under these Terms of Use shall not be considered a waiver of any party's right, and that right will remain in full force and effect;
(c) You agree that without regard to any statute or contrary law that any claim or cause arising out of this App or its services must be filed within one (1) year after such claim or cause arose or the claim shall be forever barred;
(d) We may assign our rights and obligations under these Terms of Use, and we shall be relieved of any further obligation.
We reserve the right to terminate or suspend your access to this App, or any part thereof, without notice, for any reason, including without limitation, breach of these Terms of Use. In the event of such termination, you are no longer authorized to access the App, and the restrictions imposed on you with respect to material downloaded from the App, as well as the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive such termination.
This Agreement and any dispute arising from the use of this App will be governed by and construed in accordance with the laws of the United States.
Our App may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days' notice before any new terms take effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our App after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the App.
If you have any questions about these Terms, please contact us at support @ familyorbit. com
This Agreement was last modified on April 19, 2019