Terms of Service

1. Acceptance of Terms

By accessing or using OrbitKin ("we," "us," "our," or the "Service"), whether through our website, mobile app, or any integrated platforms, you ("you" or "user") agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, you must not use the Service.

These Terms constitute a legally binding agreement between you and OrbitKin. We may update these Terms from time to time, and your continued use of the Service constitutes acceptance of any changes.

2. Description of Service

OrbitKin is a social matching platform that uses questionnaires, personality assessments, and intelligent algorithms to connect compatible people in small groups called "Orbits." Our Service includes:

• Questionnaire System: Collecting information about interests, values, goals, and availability
• Personality Assessment: Using the Ten-Item Personality Inventory (TIPI)
• Matching Algorithm: Creating groups of 4-6 compatible people based on multiple factors
• Orbit Facilitation: Optional assistance to encourage group interaction
• Platform Integration: Available across multiple platforms including chat apps, mobile, and web

The Service is designed to facilitate meaningful friendships and connections but does not guarantee specific outcomes or relationships.

3. Eligibility Requirements

3.1 Age Requirement

You must be at least 18 years old to use OrbitKin. By using the Service, you represent and warrant that you meet this age requirement. We do not knowingly collect information from or provide services to anyone under 18.

3.2 Account Requirements

You must:

• Have a valid account on your chosen platform
• Provide accurate and complete information
• Maintain the security of your account credentials
• Notify us immediately of any unauthorized use

3.3 Jurisdictional Requirements

You must be legally permitted to use the Service in your jurisdiction. You are responsible for compliance with all local laws and regulations.

4. User Accounts and Registration

4.1 Account Creation

To use OrbitKin, you must complete our questionnaire and personality assessment. This creates your profile within our system. You agree to:

• Provide truthful, accurate, and complete information
• Update your information to maintain its accuracy
• Not create multiple accounts to manipulate matching
• Not share your account with others

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to protect your account.

4.3 Account Termination

You may delete your account and all associated data at any time through the platform's privacy settings. We reserve the right to suspend or terminate accounts that violate these Terms.

5. User Conduct and Prohibited Activities

You agree to use OrbitKin in a respectful and lawful manner. You agree NOT to:

5.1 Harmful Behavior

• Harass, abuse, threaten, or intimidate other users
• Engage in discriminatory behavior based on race, gender, religion, or other protected characteristics
• Share or distribute offensive, inappropriate, or harmful content
• Stalk or repeatedly contact users who have asked you to stop
• Engage in predatory behavior or grooming

5.2 Misuse of Service

• Use the Service for commercial solicitation or advertising
• Spam or send unsolicited messages
• Attempt to manipulate or game the matching algorithm
• Create fake profiles or impersonate others
• Use automated scripts or bots without permission
• Reverse engineer or attempt to extract our algorithms

5.3 Illegal Activities

• Use the Service for any illegal purpose
• Violate any applicable laws or regulations
• Share content that infringes on intellectual property rights
• Distribute malware, viruses, or harmful code
• Engage in fraud or deceptive practices

5.4 Privacy Violations

• Share personal information of others without consent
• Collect or harvest user data without authorization
• Violate our Privacy Policy or the terms of integrated platforms

6. Matching and Orbits

6.1 Matching Process

OrbitKin uses proprietary algorithms to suggest matches based on questionnaire responses, personality assessments, and other factors. We do not guarantee:

• Perfect compatibility or successful connections
• Specific match outcomes or timelines
• That you will be matched in every cycle
• Any particular quality or quantity of matches

6.2 Orbit Participation

When matched into an Orbit:

• Participation is voluntary - you may leave at any time
• You are expected to engage respectfully with other members
• Inactive members may be removed after notification
• Orbits may be dissolved if members violate Terms

6.3 Facilitation Services

OrbitKin may provide automated or human facilitation to encourage interaction. Facilitation is optional and can be disabled by group consensus. Facilitators are bound by confidentiality and will not share Orbit conversations.

6.4 No Dating Service

OrbitKin is explicitly NOT a dating service. The Service is designed for friendship and platonic connections. Using OrbitKin for romantic solicitation may result in account termination.

7. Content and Intellectual Property

7.1 Your Content

You retain ownership of content you submit to OrbitKin ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to:

• Use, store, and process your content to provide the Service
• Analyze content to improve our matching algorithms
• Share content within your assigned Orbits

You represent that you have the right to submit any User Content and that it does not violate any third-party rights or applicable laws.

7.2 OrbitKin Property

All OrbitKin content, features, functionality, algorithms, and branding are the exclusive property of OrbitKin and are protected by copyright, trademark, and other intellectual property laws. You may not:

• Copy, modify, or distribute our proprietary content
• Use our trademarks without written permission
• Reverse engineer our algorithms or systems
• Create derivative works based on the Service

7.3 Feedback

Any feedback, suggestions, or ideas you provide about OrbitKin become our property and may be used without compensation or attribution to you.

8. Privacy and Data Protection

Your use of OrbitKin is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to:

• Collection and processing of your data as described in the Privacy Policy
• Storage of your data in our secure databases
• Use of your data for matching and service improvement
• Sharing limited information with your Orbit members

We are committed to protecting your privacy and comply with applicable data protection laws including GDPR and CCPA where applicable.

9. Third-Party Services

OrbitKin integrates with third-party services including:

• Chat Platforms: For bot functionality and user authentication
• Cloud Services: For data storage and processing
• Analytics Services: For service improvement (anonymized data only)

Your use of these third-party services is subject to their respective terms and policies. We are not responsible for the practices or content of third-party services.

10. Disclaimers

10.1 Service Availability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DO NOT GUARANTEE:

• Uninterrupted or error-free service
• Accuracy or reliability of matching results
• That the Service will meet your requirements
• Security of data transmission

10.2 User Interactions

WE ARE NOT RESPONSIBLE FOR THE CONDUCT OF ANY USER. You interact with other users at your own risk. We do not:

• Conduct background checks on users
• Verify the accuracy of user-provided information
• Guarantee the behavior or intentions of matched users
• Mediate disputes between users

10.3 External Links

The Service may contain links to third-party websites. We are not responsible for the content, accuracy, or practices of these external sites.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

11.1 No Consequential Damages

ORBITKIN AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO:

• Loss of profits, data, use, or goodwill
• Service interruptions
• Computer damage or system failure
• Emotional distress or mental anguish
• Any damages resulting from user interactions

11.2 Cap on Liability

IN NO EVENT SHALL ORBITKIN'S TOTAL LIABILITY TO YOU EXCEED THE AMOUNT YOU HAVE PAID TO ORBITKIN IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

11.3 Exceptions

Some jurisdictions do not allow limitation of certain damages. If these laws apply to you, some or all of the above limitations may not apply, and you may have additional rights.

12. Indemnification

You agree to indemnify, defend, and hold harmless OrbitKin and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses arising from:

• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of any applicable laws
• Your User Content or use of the Service
• Any misrepresentation made by you
• Your interactions with other users

We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense of these claims.

13. Dispute Resolution

13.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at @skygorilla. We'll try to resolve the dispute informally within 30 days.

13.2 Binding Arbitration

If informal resolution fails, any dispute arising from these Terms shall be resolved through binding arbitration, except where prohibited by law. The arbitration shall be:

• Conducted by a neutral arbitrator
• Governed by applicable arbitration rules
• Held in a mutually agreed location or online
• Conducted in English

13.3 Class Action Waiver

YOU AGREE THAT DISPUTES WILL BE RESOLVED INDIVIDUALLY AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR REPRESENTATIVE ACTION.

13.4 Exceptions

You may bring claims in small claims court if eligible. Either party may seek injunctive relief in court for infringement of intellectual property rights.

14. Termination

14.1 Termination by You

You may stop using the Service at any time. To delete your account and data, use the privacy controls available in your platform's settings.

14.2 Termination by OrbitKin

We may suspend or terminate your account immediately, without prior notice, if:

• You violate these Terms
• We suspect fraudulent or illegal activity
• We receive valid legal requests
• You haven't used the Service for 12 months
• We discontinue the Service

14.3 Effect of Termination

Upon termination:

• Your access to the Service will cease immediately
• We may delete your data (except as required by law)
• You remain liable for activities prior to termination
• Sections that should survive termination will continue to apply

15. Changes to Terms

We reserve the right to modify these Terms at any time. When we make changes:

• We'll update the "Last Updated" date
• We'll notify you of material changes via your platform or email
• Changes are effective immediately for new users
• Changes are effective 30 days after notice for existing users

Your continued use after changes constitutes acceptance. If you disagree with changes, you must stop using the Service and delete your account.

16. General Provisions

16.1 Governing Law

These Terms are governed by the laws of the United States and the state in which OrbitKin operates, without regard to conflict of law principles.

16.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and OrbitKin regarding the Service and supersede all prior agreements.

16.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16.4 Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16.5 Assignment

You may not assign or transfer your rights under these Terms. We may assign our rights to any of our affiliates or successors.

16.6 Force Majeure

We will not be liable for any delay or failure to perform resulting from causes beyond our reasonable control, including natural disasters, war, terrorism, riots, embargoes, or acts of civil or military authorities.

17. Beta Service Notice

Important: OrbitKin is currently in beta. This means:

• Features may change or be removed without notice
• The Service may experience bugs or interruptions
• Matching algorithms are being continuously refined
• Your feedback is valuable and appreciated

By using the beta Service, you acknowledge these limitations and agree to provide constructive feedback to help us improve.

18. Contact Information

For questions about these Terms of Service or the Service itself: