Terms of Service & License Agreement

1. Acceptance of These Terms

These Terms of Service and End User License Agreement ("Terms") govern your access to and use of the Orbit DVI mobile application and related services ("the App") provided by One Orbit ("we," "our," or "us"). By creating an account, signing in, or using the App, you agree to be bound by these Terms. If you do not agree, do not use the App.

If you are using the App on behalf of an automotive repair shop or other organization, you represent that you are authorized to accept these Terms on that organization's behalf, and "you" includes that organization.

2. The Service

Orbit DVI is a professional Digital Vehicle Inspection tool for automotive repair shops. It helps shop personnel capture, document, and deliver vehicle inspections — including findings, photographs, video, and reports — and supports related shop workflow and reporting features. The App is a tool to assist trained professionals; it does not itself diagnose vehicles or make repair decisions.

3. Eligibility & Professional Use

The App is intended solely for professional use by adults (18 years or older) in an automotive repair shop environment. It is not a consumer application and is not directed to minors. You agree to use the App only for lawful, legitimate business purposes.

4. Accounts, Access & Security

Access to the App requires shop credentials. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account or your shop's accounts
• Ensuring that only authorized personnel access the App on a shared device
• Notifying us promptly of any unauthorized use or security concern

5. License Grant

Subject to your compliance with these Terms, One Orbit grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the App on Apple-branded devices that you own or control, solely for your shop's internal business operations. This is a license, not a sale; we retain all rights not expressly granted.

6. Acceptable Use & Restrictions

You agree not to, and not to permit any third party to:

• Copy, modify, distribute, sell, lease, or sublicense the App
• Reverse engineer, decompile, or disassemble the App, except as permitted by law
• Circumvent or interfere with security, authentication, or tenant-isolation controls
• Access data belonging to another shop or tenant
• Use the App to store or transmit unlawful, infringing, or harmful content
• Use automated means to scrape, overload, or disrupt the App or its infrastructure

7. Customer Data & Your Responsibilities

The App allows you to enter and store information about your customers and their vehicles. You are responsible for the accuracy of the data you enter and for having any necessary rights, authority, and consents to collect and process that information through the App. You agree to handle customer information in compliance with applicable law.

8. Inspection Results Are Advisory

The App is a documentation and workflow tool. Any inspection finding, recommendation, severity indication, timing metric, or report generated through the App is advisory and informational only. The trained technician and the shop remain solely responsible for all professional judgments, diagnoses, repair recommendations, and work performed. One Orbit is not responsible for inspection decisions, repair outcomes, or the professional conduct of any shop or technician.

9. Intellectual Property

The App, including its software, design, branding, content, and the "Orbit DVI" and "One Orbit" names and marks, is owned by One Orbit and protected by intellectual property laws. Except for the limited license granted above, these Terms do not transfer any ownership or rights to you. You retain ownership of the inspection data your shop creates.

10. Subscriptions, Trials & Fees

Access to the App may be offered on a free trial or paid subscription basis. The applicable plan, price, billing period, and trial terms are presented to you at the time of purchase and form part of these Terms. Unless otherwise stated, subscriptions renew automatically until cancelled, and fees are non-refundable except where required by law. We may change pricing on a prospective basis with reasonable notice.

11. Third-Party Services

The App relies on third-party providers to operate, including Supabase (database and authentication) and Cloudflare (edge networking, Worker compute, and R2 object storage). Your use of the App may be subject to those providers' terms. We are not responsible for third-party services outside our control.

12. Disclaimer of Warranties

The App is provided "AS IS" and "AS AVAILABLE," without warranties of any kind, whether express, implied, or statutory, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the App will be uninterrupted, error-free, or secure, or that results obtained through it will be accurate or reliable.

13. Limitation of Liability

To the maximum extent permitted by law, One Orbit and its founder, personnel, and suppliers will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business, arising out of or related to your use of the App. Our total aggregate liability for any claim arising out of or related to the App will not exceed the greater of the amounts you paid us for the App in the twelve months preceding the claim or one hundred U.S. dollars ($100).

14. Indemnification

You agree to indemnify and hold harmless One Orbit and its founder and personnel from any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your use of the App, your data, or your violation of these Terms or applicable law.

15. Termination

You may stop using the App at any time. We may suspend or terminate your access if you violate these Terms or if we discontinue the App. Upon termination, the license granted to you ends. Provisions that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, and indemnification — will survive.

16. Apple App Store — Additional Terms

The following terms apply when you obtain the App through the Apple App Store. To the extent they conflict with the rest of these Terms, they control for App Store distribution:

• These Terms are concluded between you and One Orbit only, and not with Apple. One Orbit, not Apple, is solely responsible for the App and its content.
• The license granted to you is a non-transferable license to use the App on any Apple-branded products that you own or control, as permitted by the App Store Usage Rules.
• Apple has no obligation to furnish any maintenance or support services for the App.
• One Orbit, not Apple, is solely responsible for any product warranties, whether express or implied. In the event the App fails to conform to any applicable warranty, you may notify Apple, and Apple may refund the purchase price (if any); to the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App.
• One Orbit, not Apple, is responsible for addressing any claims relating to the App, including product liability, legal or regulatory non-compliance, and consumer protection claims.
• One Orbit, not Apple, is responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claim relating to the App.
• You represent that you are not located in a country subject to a U.S. Government embargo or designated as "terrorist supporting," and are not listed on any U.S. Government list of prohibited or restricted parties.
• You must comply with applicable third-party terms of agreement when using the App.
• Apple and Apple's subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce these Terms against you as a third-party beneficiary.

17. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the "Last Updated" date above. Your continued use of the App after changes take effect constitutes acceptance of the updated Terms. For material changes, we will make reasonable efforts to notify active users.

18. Governing Law & Disputes

These Terms are governed by the laws of the State of Georgia, United States, without regard to its conflict-of-laws rules. You agree that the state and federal courts located in Georgia will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the App, except where prohibited by applicable law.