Last updated: May 22, 2025
These Terms of Service ("Terms") govern your access to and use of the Orbit Nine Platform operated by Orbit Nine LLC ("Orbit Nine," "we," "us," or "our"). By signing up for or using the platform, you ("Customer" or "you") agree to these Terms. If you are using the platform on behalf of a business, you represent that you have the authority to bind that business to these Terms.
Orbit Nine provides an AI-powered retention operating system for boutique fitness businesses. The platform includes AI-generated member insights, outreach drafts, briefings, task management tools, and related features (collectively, the "Platform").
We may update, modify, or discontinue features of the Platform at any time. We will make reasonable efforts to notify you of material changes.
To use the Platform, you must create an account using a valid email address or Google account. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
You must notify us immediately at hello@orbitnine.ai if you suspect unauthorized access to your account.
Orbit Nine offers role-based access for gym staff. Gym owners are responsible for managing the access levels of their team members within the Platform.
You agree to use the Platform only for lawful purposes and in accordance with these Terms. You agree not to:
The Platform enables gyms to manage member data and generate outreach communications. You are solely responsible for:
Orbit Nine generates outreach drafts as suggestions only. We are not responsible for the content of communications you choose to send to your members.
The Platform uses artificial intelligence to generate insights, briefings, outreach drafts, and recommendations. You acknowledge that:
Access to the Platform is provided on a subscription basis. Pricing, billing frequency, and payment terms will be presented at the time of purchase or as set forth in a separate agreement between you and Orbit Nine.
All fees are non-refundable except as required by law or as expressly stated in your subscription agreement. We reserve the right to suspend access to the Platform for non-payment.
Orbit Nine and its licensors own all rights, title, and interest in the Platform, including all software, AI models, designs, and content we create. These Terms do not grant you any ownership rights in the Platform.
You retain all ownership of the data you upload to the Platform. By using the Platform, you grant Orbit Nine a limited license to process your data solely for the purpose of providing the Platform services.
Each party agrees to keep confidential any non-public information of the other party that is disclosed in connection with the Platform, and to use such information only for the purposes of these Terms. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.
Our collection and use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference.
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, ORBIT NINE DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
We do not warrant that the Platform will be error-free, uninterrupted, or free of security vulnerabilities.
TO THE FULLEST EXTENT PERMITTED BY LAW, ORBIT NINE'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID TO ORBIT NINE IN THE THREE MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED DOLLARS ($100).
IN NO EVENT WILL ORBIT NINE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold harmless Orbit Nine, its officers, directors, employees, and agents from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your use of the Platform, your violation of these Terms, or your violation of any third-party rights, including the rights of your gym members.
These Terms remain in effect for as long as you have an active account with Orbit Nine. Either party may terminate at any time by providing written notice. Upon termination, your access to the Platform will be suspended and your data will be retained for 30 days before deletion, unless you request earlier deletion.
Orbit Nine may terminate or suspend your account immediately if you violate these Terms or if we are required to do so by law.
These Terms are governed by the laws of the State of California, without regard to its conflict of law principles. Any disputes arising from these Terms shall be resolved in the state or federal courts located in California, and you consent to personal jurisdiction in those courts.
We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page and notify you by email where required. Your continued use of the Platform after the effective date of any changes constitutes your acceptance of the updated Terms.
If you have any questions about these Terms, please contact us:
Orbit Nine LLC
hello@orbitnine.ai
orbitnine.ai