Acceptance of Terms
By accessing or using the OrbitaHR platform, you agree to be bound by these Terms of Service and our Privacy Policy. If you do not agree to these terms, you may not use the Service. These terms apply to all users, including Workspace Administrators, HR Managers, and Employees. If you are accepting these terms on behalf of a company, you represent that you have the authority to bind that company to these terms.
Service Description
OrbitaHR provides a cloud-based Human Resource Management System (HRMS) that enables organizations to manage employee records, attendance, payroll, leave, projects, and recruitment. The Service is provided 'as-is' and 'as-available'. We reserve the right to modify, suspend, or discontinue any part of the Service with reasonable notice. We will use commercially reasonable efforts to maintain 99.9% uptime, as defined in our SLA.
Account Responsibilities
You are responsible for maintaining the security of your account credentials. You must immediately notify us of any unauthorized use of your account. You agree not to share login credentials across users — each user must have a unique account. Workspace Administrators are responsible for the actions of all users within their workspace. OrbitaHR is not liable for any loss or damage arising from unauthorized access to your account.
Acceptable Use
You agree not to use the Service to: violate any applicable law or regulation; infringe upon intellectual property rights; transmit malware or engage in denial-of-service attacks; scrape or harvest data from the Service; reverse-engineer or decompile the Service; impersonate any person or entity; or harass, threaten, or harm other users. We reserve the right to suspend or terminate accounts that violate these terms without prior notice.
Payment & Billing
Paid plans are billed monthly or annually as selected. All fees are exclusive of taxes unless stated otherwise. You authorize OrbitaHR to charge your payment method on file at the beginning of each billing cycle. If a payment fails, we will retry three times over five business days before suspending your account. Refunds are issued on a pro-rata basis for annual plans cancelled within 30 days of purchase. Monthly plans are non-refundable.
Intellectual Property
OrbitaHR and its licensors retain all intellectual property rights in the Service, including software, design, and documentation. You are granted a limited, non-exclusive, non-transferable license to use the Service for your internal business purposes. Your data remains yours — we claim no ownership over content you upload or create within the Service. You grant OrbitaHR a limited license to process your data solely to provide the Service.
Data & Privacy
We process personal data in accordance with our Privacy Policy, which is incorporated into these Terms by reference. You agree that OrbitaHR may use aggregated, anonymized usage data to improve the Service. For customers subject to GDPR, we act as a data processor and you act as the data controller. A Data Processing Agreement (DPA) is available upon request and is automatically in effect for EU customers. You are responsible for obtaining necessary consents from employees whose data you process using the Service.
Limitation of Liability
To the fullest extent permitted by law, OrbitaHR shall not be liable for any indirect, incidental, special, consequential, or punitive damages. Our total liability to you for any claim arising from the use of the Service shall not exceed the total fees paid by you in the twelve months preceding the claim. These limitations apply regardless of the theory of liability (contract, tort, negligence, strict liability) and even if OrbitaHR has been advised of the possibility of such damages.
Termination
Either party may terminate the agreement with 30 days' written notice. We may terminate immediately for material breach, non-payment, or violation of the Acceptable Use Policy. Upon termination: your access is revoked; you may export your data within 90 days; after 90 days, all data is permanently deleted. Sections relating to intellectual property, payment of outstanding fees, limitation of liability, and governing law survive termination.
Contact
For questions about these Terms, please contact our legal team at legal@orbitahr.app. OrbitaHR, Inc., 340 Pine Street, San Francisco, CA 94104. These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes shall be resolved in the courts of San Francisco County, California.