Terms Of Service

Effective Date: November 1, 2025
Last Updated: November 1, 2025

Please read these Terms of Service (“Terms”, “Terms of Service”) carefully before using the https://orbitalwp.com website (the “Website”) operated by OrbitalWP, located in Ohio, United States (“us”, “we”, “our”) as these Terms of Service contain important information regarding limitations of our liability.

Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.

By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.

1. Our Offers and Pricing

We offer WordPress plugin software and related services on this Website, specifically the OrbitalWP project management plugin.

The price of these software products and services can be found listed on the Website. This price does not include taxes or other fees that you may be charged based on your location and applicable tax laws.

All prices are in United States Dollars (USD) unless otherwise specified.

2. Purchases

2.1 Payment Processing

When you make a purchase on the Website, you will be able to choose the third party payment processor that will collect your payment information and process your payment. When you make a purchase, you will be presented with a payment form using one of the following third party payment processors: Stripe and PayPal.

We are not responsible for the collection, use, sharing or security of your billing information by these third party payment processors.

2.2 Accepted Payment Methods

The following payment method(s) are accepted by the third party payment processors:

  • American Express
  • Discover
  • MasterCard
  • Visa
  • PayPal

2.3 Your Representations and Warranties

You hereby represent and warrant that:

  • You have the legal right to use the payment method(s) in connection with any purchase
  • The information that you supply to us and to the third party payment processor(s) is true, correct and complete
  • You are at least 18 years of age or have reached the age of majority in your jurisdiction
  • You have the authority to enter into this agreement

2.4 Order Acceptance

We reserve the right to refuse or cancel any order for any reason, including but not limited to:

  • Product or service availability
  • Errors in product or pricing information
  • Suspected fraudulent activity
  • Violations of these Terms of Service

3. License Types and Subscriptions

3.1 Available License Options

OrbitalWP offers the following license types:

Annual Licenses (Subscription-Based):

  • Single Site License: Valid for 1 WordPress installation
  • 5 Site License: Valid for up to 5 WordPress installations
  • 100 Site License: Valid for up to 100 WordPress installations

Lifetime License:

  • Lifetime Deal (LTD): Valid for unlimited WordPress installations with lifetime updates and support

3.2 Subscription Model

Annual licenses are offered via a subscription model. A subscription model requires regular payments to receive continued access to the product, updates, and support.

The initial term of annual subscriptions is one (1) year from the date of purchase.

3.3 What Your License Includes

All licenses include:

  • Access to download the OrbitalWP plugin
  • Software updates during the active license period
  • Priority support during the active license period
  • Documentation and resources

3.4 License Restrictions

Your license is subject to the following restrictions:

  • You may not redistribute, resell, or share your license with others
  • You may not exceed the site limit for your license type
  • You must use the plugin in accordance with all applicable laws
  • You may not reverse engineer, decompile, or disassemble the software

4. Automatic Renewals of Subscriptions

4.1 Automatic Renewal Notice

WHEN YOU PURCHASE AN ANNUAL SUBSCRIPTION ON THE WEBSITE, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW EVERY TWELVE (12) MONTHS ON THE ANNIVERSARY OF YOUR PURCHASE DATE.

WE WILL AUTOMATICALLY RENEW YOUR SUBSCRIPTION BY USING THE PAYMENT METHOD ON FILE UNTIL YOU CANCEL YOUR SUBSCRIPTION.

4.2 Renewal Pricing

Renewal pricing may differ from your initial purchase price. We will notify you of any pricing changes at least 30 days before your renewal date.

4.3 Failed Renewal Payments

If your automatic renewal payment fails:

  • We will attempt to process payment up to three (3) times
  • You will receive email notifications of failed payment attempts
  • Your license will be suspended if payment cannot be processed
  • You will have a 14-day grace period to update payment information before your license is terminated

4.4 Cancelling Automatic Renewals

YOU MAY CANCEL THE AUTOMATIC RENEWALS OF YOUR SUBSCRIPTION BY CONTACTING US VIA EMAIL AT [email protected].

YOU MUST PROVIDE US WITH FIVE (5) DAYS NOTICE PRIOR TO YOUR AUTOMATIC RENEWAL DATE OF YOUR INTENT TO CANCEL THE AUTOMATIC RENEWALS FOR THE CANCELLATION TO BE EFFECTIVE.

PLEASE NOTE THAT YOU WILL NO LONGER RECEIVE SOFTWARE UPDATES OR SUPPORT AFTER YOUR CURRENT SUBSCRIPTION PERIOD ENDS ON YOUR CANCELLATION EFFECTIVE DATE.

4.5 Lifetime License (No Renewal)

The Lifetime Deal (LTD) license is a one-time payment and does not automatically renew. Once purchased, you will have lifetime access to the plugin, updates, and support with no recurring charges.

5. Refund Policy

5.1 Refund Eligibility Period

We offer refunds on purchases made of the OrbitalWP plugin and services offered on our Website.

To qualify for a refund, you must submit your request to us within fourteen (14) days of your purchase date by contacting us at [email protected].

5.2 Refund Amounts by License Type

Refund amounts vary based on the license type purchased:

Single Site License:

  • 100% refund of the purchase price (minus credit card processing fees if applicable)

5 Site License:

  • 80% refund of the purchase price

100 Site License:

  • 80% refund of the purchase price

Lifetime Deal (LTD):

  • 80% refund of the purchase price

5.3 Acceptable Refund Reasons

We offer refunds for any of the following reasons:

  • The plugin does not meet your needs or expectations
  • Technical issues that cannot be resolved by our support team
  • Compatibility issues with your WordPress installation
  • You are not satisfied with the product for any reason

5.4 Refund Processing

Once your refund request is approved:

  • Refunds will be processed within 5-10 business days
  • Refunds will be issued to the original payment method used for the purchase
  • You will receive email confirmation when the refund has been processed
  • Your license will be deactivated upon refund processing

5.5 Conditions and Limitations

Please note the following conditions:

  • Refunds are only available within the 14-day period from purchase date
  • Refunds are not available after the 14-day period has elapsed
  • Only one refund per customer is allowed
  • Fraudulent refund requests may result in account termination and legal action
  • Renewal payments are subject to the same refund policy

5.6 Our Right to Deny Refunds

We reserve the right to deny refund requests if:

  • The request is made after the 14-day refund period
  • We detect fraudulent activity or abuse of the refund policy
  • The customer has violated these Terms of Service
  • The customer has previously received a refund and is attempting to abuse the policy

6. Cancellation Policy

6.1 Cancellation Before Download

We offer full cancellations (100% refund) on purchases made prior to downloading the plugin, regardless of license type.

You may cancel your order before downloading by contacting us at [email protected]. You will not be charged a cancellation fee if you cancel your purchase before downloading.

6.2 Cancellation After Download

Once you have downloaded the plugin, cancellations are subject to our Refund Policy outlined in Section 5 above.

6.3 Our Right to Cancel

We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to:

  • Suspected fraud or fraudulent activity
  • Inaccuracies in order information
  • Unavailability of the product or service
  • Violation of these Terms of Service
  • Payment processing issues

We will not provide you with advance notice prior to cancelling your purchase if we believe there is fraudulent activity or a violation of these Terms.

If we cancel your purchase for reasons other than fraud or Terms violations, we will issue a refund according to our Refund Policy.

7. Advance Payments

We may ask you to provide an advance payment on any purchase made of custom services offered on our Website. An advance payment is a partial payment of the total purchase price that will help pay for our actual expenses while providing the services.

We will not be able to issue you a refund of the advance payment if:

  • We cancel your purchase due to fraud or Terms violations
  • You cancel your purchase after work has commenced

Advance payments do not apply to standard plugin license purchases, only to custom development or consulting services if offered.

8. Accounts

8.1 Account Creation

When you create an account on our Website, you guarantee that:

  • You are 18 years of age or older (or have reached the age of majority in your jurisdiction)
  • The information that you provide us is accurate, complete, and current at all times

Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.

8.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials and password
  • Restricting access to your computer and/or account
  • Accepting responsibility for any and all activities or actions that occur under your account and/or password

You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

8.3 Account Termination

  • By Us: We reserve the right to terminate your account at any time, at our sole discretion, for any reason including but not limited to violations of these Terms
  • By You: You can terminate your account at any time by contacting us at [email protected] or through your account settings on the Website

Upon account termination:

  • Your active licenses will be deactivated
  • You will lose access to updates and support
  • Any remaining subscription period will not be refunded unless you are within the 14-day refund window

9. Software License Grant

9.1 License Grant

Subject to your compliance with these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to:

  • Download and install the OrbitalWP plugin on the number of WordPress sites specified by your license type
  • Use the plugin for your own internal business or personal purposes
  • Receive updates and support during your active license period

9.2 License Restrictions

You may NOT:

  • Distribute, sell, lease, rent, lend, or sublicense the plugin to any third party
  • Reverse engineer, decompile, disassemble, or attempt to derive the source code of the plugin
  • Remove, alter, or obscure any proprietary notices on the plugin
  • Use the plugin in any way that violates applicable laws or regulations
  • Use the plugin to create a competing product or service
  • Exceed the site limit specified in your license type
  • Share your license key or account credentials with others

9.3 Ownership

The OrbitalWP plugin and all intellectual property rights therein are and shall remain the exclusive property of OrbitalWP. These Terms do not grant you any rights to our trademarks, service marks, or logos.

9.4 Updates and Support

  • Updates: We will provide software updates during your active license period. Updates may include bug fixes, security patches, and new features.
  • Support: We will provide email support during your active license period. Support response times are not guaranteed but we strive to respond within 24-48 business hours.
  • Termination of Updates/Support: Upon license expiration or cancellation, you will no longer receive updates or support, but the plugin will continue to function.

10. Comments and Uploading Content

10.1 License to Your Content

By submitting a comment, review, testimonial, or uploading content onto this Website, you grant OrbitalWP a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish, display, and distribute the comment or content.

10.2 Your Responsibility

When you make a comment or upload any content onto this Website, you agree that:

  • Such comment or content may be viewed by other parties
  • It is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information
  • You are responsible for ensuring that your content or comment does not violate any laws, rules or regulations
  • You own the rights to the content or have permission to share it

10.3 Our Rights

We reserve the right to remove any content or comment at any time in our sole discretion without notice or explanation.

10.4 Prohibited Content

The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Website:

  • Content that harasses, threatens, or bullies others
  • Swearing, name calling, and otherwise abusive content
  • Content displaying, depicting, or suggesting violence
  • Content encouraging or committing illegal acts
  • Content infringing on someone’s rights, including intellectual property rights
  • Content that is discriminatory, hateful, or offensive based on race, ethnicity, religion, gender, sexual orientation, disability, or other protected characteristics
  • Pornographic or sexually explicit content
  • Content that exploits or abuses children in any way
  • Content sharing personal information of others without consent
  • Content advertising products or services without our permission
  • Content whose purpose is spamming others
  • False, misleading, or deceptive content
  • Malicious code, viruses, or other harmful materials

10.5 Consequences of Prohibited Content

Posting prohibited content may result in:

  • Immediate removal of the content
  • Temporary or permanent account suspension
  • Termination of your license without refund
  • Legal action if applicable

11. Prohibited Uses

11.1 General Prohibited Uses

You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:

  • Impersonating or attempting to impersonate OrbitalWP or its employees, representatives, subsidiaries or divisions
  • Misrepresenting your identity or affiliation with any person or entity
  • Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material
  • Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability
  • Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website
  • Using any robot, spider, scraper, or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website without our prior written permission
  • Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose
  • Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials
  • Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website
  • Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack
  • Otherwise attempting to interfere with the proper working of the Website
  • Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations

11.2 Plugin-Specific Prohibited Uses

You specifically agree not to:

  • Use the OrbitalWP plugin to collect, store, or transmit any malicious code
  • Use the plugin in any manner that violates the privacy or data protection rights of others
  • Use the plugin to create backups or copies for redistribution
  • Attempt to extract or reverse engineer the plugin code
  • Use the plugin on more sites than your license permits
  • Share your license key with others or allow unauthorized use
  • Use the plugin to facilitate any illegal activity
  • Bypass or attempt to bypass any license verification mechanisms

11.3 Consequences

Violation of these prohibited uses may result in:

  • Immediate termination of your license without refund
  • Legal action and pursuit of damages
  • Reporting to appropriate law enforcement authorities
  • Permanent ban from accessing our Website and services

12. Intellectual Property and DMCA

12.1 Ownership of Content

All contents of this Website are © 2025 OrbitalWP or third parties. All rights reserved.

Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files, code, and arrangement thereof (collectively, “Content”) are the proprietary property of OrbitalWP and are either registered trademarks, trademarks or otherwise protected intellectual property of OrbitalWP or third parties in the United States and/or other countries.

12.2 Restrictions on Use

You may not:

  • Copy, modify, distribute, sell, or lease any part of our Content or software
  • Reverse engineer or attempt to extract the source code of our software
  • Use our trademarks, logos, or brand assets without written permission
  • Create derivative works based on our Content or software
  • Frame or mirror any Content without our express written consent

12.3 Infringement Notification

If you are aware of a potential infringement of our intellectual property, please contact us immediately at [email protected].

12.4 DMCA Notice and Procedure

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.

If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.”

12.5 Required Information for DMCA Notice

Your notice to us must include the following information:

  1. An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest
  2. A description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work
  3. Identification of the URL or other specific location on this Website where the material that you claim is infringing is located
  4. Your name, email address, physical address, and telephone number
  5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
  6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf

12.6 False Claims

Please note that you may be held accountable for damages, including but not limited to costs and attorneys’ fees, for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.

12.7 DMCA Contact Information

You may submit your DMCA claim to us by contacting:

OrbitalWP
DMCA Agent: OrbitalWP
Email: [email protected]
Phone: 216-264-9114
Address: Ohio, United States

12.8 Counter-Notification

If you believe that your Content was removed or access to it was disabled by mistake or misidentification, you may file a counter-notification with us by providing the following information:

  1. Your physical or electronic signature
  2. Identification of the Content that has been removed and the location where it appeared before removal
  3. A statement under penalty of perjury that you have a good faith belief that the Content was removed by mistake or misidentification
  4. Your name, address, telephone number, and email address
  5. A statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located (or Cuyahoga County, Ohio if your address is outside the United States)
  6. A statement that you will accept service of process from the person who filed the original DMCA notice

13. NO WARRANTY ON PURCHASES

THE ORBITALWP PLUGIN AND SERVICES DISPLAYED OR SOLD ON THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE”.

NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THE PLUGIN OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

13.1 Specific Disclaimers

We specifically disclaim any warranties that:

  • The plugin will meet your specific requirements
  • The plugin will be uninterrupted, timely, secure, or error-free
  • The results obtained from the use of the plugin will be accurate or reliable
  • The quality of the plugin will meet your expectations
  • Any errors in the plugin will be corrected

13.2 Use at Your Own Risk

You acknowledge that you use the plugin and services at your own risk. We do not warrant that:

  • The plugin will be compatible with all WordPress installations, themes, or other plugins
  • The plugin will not conflict with your specific server configuration
  • Your data will not be lost or corrupted (we strongly recommend maintaining regular backups)

14. NO WARRANTY ON WEBSITE

THIS WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE”.

NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.

14.1 Website Disclaimers

We do not warrant that:

  • The Website will be available at all times or without interruption
  • The Website will be free from errors, bugs, or security vulnerabilities
  • Information on the Website is complete, accurate, or current
  • Any defects in the Website will be corrected

15. Availability, Errors and Inaccuracies

15.1 No Liability for Availability

We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website.

We may experience delays in updating information on this Website and in our advertising on other websites.

15.2 Information Accuracy

The information, products and services found on the Website may:

  • Contain errors or inaccuracies
  • Not be complete or current
  • Be incorrectly priced
  • Be unavailable

15.3 Right to Correct Errors

We expressly reserve the right to:

  • Correct any pricing errors on our Website
  • Update or change information at any time without notice
  • Modify or discontinue any product or service

15.4 No Endorsement

The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.

16. DAMAGES AND LIMITATION OF LIABILITY

16.1 Exclusion of Damages

IN NO EVENT SHALL ORBITALWP BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR THE ORBITALWP PLUGIN, OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE OR PLUGIN, INCLUDING BUT NOT LIMITED TO:

  • Your reliance upon opinions or information appearing on this Website
  • Any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this Website
  • Any data loss or corruption
  • Any loss of business, revenue, or profits
  • Any interruption of business operations
  • Any loss of use of the plugin or Website
  • Any incompatibility issues with your WordPress installation

WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF ORBITALWP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.2 Cap on Liability

THE AGGREGATE LIABILITY OF ORBITALWP ARISING OUT OF OR RELATING TO THIS WEBSITE OR THE ORBITALWP PLUGIN, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL BE LIMITED TO THE AMOUNT OF FEES ACTUALLY RECEIVED BY ORBITALWP FROM YOU IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

16.3 Allocation of Risk

THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS OF SERVICE IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS OF SERVICE INURE TO THE BENEFIT OF ORBITALWP.

16.4 Maximum Liability

IF, DESPITE THE LIMITATION ABOVE, ORBITALWP IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF ORBITALWP WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO ORBITALWP IN CONNECTION WITH SUCH TRANSACTION(S) ON THIS WEBSITE.

16.5 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such jurisdictions, our liability shall be limited to the greatest extent permitted by law.

17. Remedies

17.1 Available Remedies

You agree that the remedies for breach of these Terms of Service as it relates to your purchase shall be:

  1. Repair: We will attempt to fix bugs or issues with the plugin through updates
  2. Replacement: We may provide a replacement license key if your original key is compromised
  3. Refund: Subject to our Refund Policy in Section 5

17.2 Exclusive Remedies

You also agree that the remedies listed above and the dispute resolution procedures provided in Section 19 below are intended to be your sole and exclusive remedies for any breach of these Terms of Service as it relates to your purchase.

17.3 No Other Remedies

You waive any right to seek any other remedies, including but not limited to:

  • Injunctive relief
  • Specific performance
  • Punitive damages
  • Consequential damages

Except as required by applicable law or as provided in these Terms.

18. Links to Third Party Websites

18.1 Third Party Links

This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only.

We do not control such websites and are not responsible for:

  • Their contents
  • Privacy practices
  • Terms of service
  • Security measures
  • Any products or services offered

18.2 Your Responsibility

Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as:

  • Viruses
  • Worms
  • Trojan horses
  • Defects
  • Other items of a destructive nature

18.3 No Endorsement

Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

18.4 Third Party Plugin Integrations

The OrbitalWP plugin may integrate or be compatible with third-party WordPress plugins and services. We are not responsible for:

  • The functionality of third-party plugins
  • Data shared with third-party plugins
  • Privacy practices of third-party plugin developers
  • Conflicts or compatibility issues with third-party plugins

19. Indemnification

19.1 Your Indemnification Obligation

You agree to indemnify, defend and hold harmless OrbitalWP 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 of whatever kind, including reasonable attorneys’ fees, arising from or relating to:

  • Your use or misuse of the Website or plugin
  • Your breach of these Terms of Service
  • Your violation of any law, rule, or regulation
  • Your violation of the rights of any third party
  • Any content you submit to the Website
  • Any use of the plugin that exceeds your license limitations

19.2 Defense of Claims

We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

20. Data and Privacy

20.1 Privacy Policy

Your use of the Website and plugin is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand our data collection and use practices.

20.2 Plugin Data Collection

The OrbitalWP plugin may collect certain usage data to:

  • Improve functionality and user experience
  • Provide support and troubleshooting
  • Verify license validity
  • Deliver updates and notifications

20.3 Your Data Responsibilities

You are responsible for:

  • Maintaining backups of your WordPress site and data
  • Ensuring your own compliance with data protection laws (GDPR, CCPA, etc.) when using the plugin
  • Properly securing your WordPress installation and database

20.4 Data Deletion

Upon license termination or at your request, we will delete your account data in accordance with our Privacy Policy. However, we may retain certain information as required by law or for legitimate business purposes.

21. Governing Law, Severability, Dispute Resolution, Venue and Class Action Waiver

21.1 Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Ohio, United States, without regard to its conflict of laws provisions.

THESE TERMS SHALL NOT BE GOVERNED BY:

  • The United Nations Convention on Contracts for the Sale of International Goods
  • The Uniform Commercial Code
  • Incoterms

21.2 Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website and services, and supersede and replace any prior agreements we might have had with you regarding the Website.

21.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by us.

21.4 Dispute Resolution and Venue

Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Cuyahoga County, Ohio, United States.

You agree to submit to the personal jurisdiction of the courts located in Cuyahoga County, Ohio for the purpose of litigating all such claims or disputes.

21.5 Class Action Waiver

YOU AND ORBITALWP AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

Unless both you and OrbitalWP agree otherwise, the arbitrator or court may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.

21.6 Limitation on Time to File Claims

Any claim or cause of action arising out of or related to use of the Website or plugin, or these Terms, must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.

22. Export Compliance

22.1 Export Restrictions

You acknowledge that the plugin and related technical data may be subject to export control laws and regulations of the United States and other countries.

You agree that you will not:

  • Export or re-export the plugin to any country subject to U.S. trade sanctions
  • Allow use of the plugin by persons or entities on denied parties lists
  • Use the plugin for any purpose prohibited by export control laws

22.2 Your Certification

By downloading or using the plugin, you certify that:

  • You are not located in, under the control of, or a national or resident of any restricted country
  • You are not on any U.S. government list of prohibited or restricted parties
  • You will not use the plugin for any purposes prohibited by U.S. law

23. Force Majeure

We shall not be liable for any failure or delay in performance under these Terms due to circumstances beyond our reasonable control, including but not limited to:

  • Acts of God
  • Natural disasters
  • War, terrorism, or civil unrest
  • Labor disputes or strikes
  • Internet or telecommunications failures
  • Government actions or regulations
  • Epidemics or pandemics
  • Supplier or vendor failures

24. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or policies published by us on the Website, constitute the entire agreement between you and OrbitalWP concerning your use of the Website and plugin.

No other agreements, representations, warranties, or statements (whether oral or written) shall be binding unless made in writing and signed by an authorized representative of OrbitalWP.

25. Assignment

25.1 Our Right to Assign

We may assign our rights and obligations under these Terms to any party at any time without notice to you.

25.2 Your Restrictions

You may not assign, transfer, or sublicense any of your rights or obligations under these Terms without our prior written consent. Any attempted assignment in violation of this section shall be null and void.

26. Survival

The following sections shall survive termination of these Terms:

  • Section 8 (Accounts) – with respect to responsibilities for past actions
  • Section 9 (Software License Grant) – with respect to license restrictions
  • Section 12 (Intellectual Property)
  • Section 16 (Damages and Limitation of Liability)
  • Section 19 (Indemnification)
  • Section 21 (Governing Law and Dispute Resolution)
  • Any other provisions that by their nature should survive termination

27. Contact and Notices

27.1 How to Contact Us

If you have any questions, concerns, or notices regarding these Terms of Service, please contact us at:

OrbitalWP
Email: [email protected]
Phone: 216-264-9114
Website: https://orbitalwp.com
Address: Ohio, United States

27.2 Notice to You

We may provide notices to you by:

  • Email to the address associated with your account
  • Posting on the Website
  • In-app notifications within the plugin
  • Mail to the address associated with your account

You consent to receive electronic communications and agree that all notices provided electronically satisfy any legal requirement that such notices be in writing.

27.3 Notice to Us

Any notices to us must be sent by:

Notices are effective upon receipt.

28. Changes to Terms of Service

28.1 Our Right to Modify

We reserve the right to make changes to these Terms of Service at any time. Changes may be necessary due to:

  • Legal or regulatory requirements
  • Changes in our business practices
  • Introduction of new features or services
  • Security or technical requirements

28.2 Notification of Changes

When we make material changes to these Terms:

  • We will update the “Last Updated” date at the top of this document
  • We will provide notice by email to the address associated with your account
  • We will post a prominent notice on our Website
  • For significant changes, we will provide at least 30 days’ notice before the changes take effect

28.3 Acceptance of Changes

Your continued use of the Website or plugin after changes to these Terms constitutes your acceptance of the updated Terms.

If you do not agree to the modified Terms:

  • You must stop using the Website and plugin
  • You may request a refund if within the 14-day refund period
  • After the refund period, your license will be terminated without refund

28.4 Review Regularly

We encourage you to review these Terms periodically to stay informed about your rights and obligations.

29. Interpretation

29.1 Headings

The headings and section titles in these Terms are for convenience only and have no legal or contractual effect.

29.2 Language

These Terms are written in English. Any translations provided are for convenience only. In case of any conflict between the English version and a translation, the English version shall prevail.

29.3 Construction

These Terms shall not be construed more strictly against one party than the other, regardless of who drafted them.

30. Accessibility

30.1 Our Commitment

We are committed to making our Website accessible to all users. If you encounter any accessibility barriers, please contact us at [email protected].

30.2 Accommodations

If you require any accommodations to access our Website or use our plugin, please let us know and we will make reasonable efforts to accommodate your needs.

31. Acknowledgment

BY USING THIS WEBSITE OR THE ORBITALWP PLUGIN, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE WEBSITE OR PLUGIN.