ORBITTerms of Service
These Terms are a contract between you and Orbit Software LLC ("ORBIT", "we", "us"), covering the ORBIT desktop application, the tradeonorbit.com website, and everything we provide with them (together, the "Service"). By creating an account, subscribing, or using ORBIT you agree to them. If you do not agree, do not use the Service.
1. THE RISK WARNING — READ THIS ONE
Trading futures involves substantial risk of loss and is not suitable for every investor. You can lose more than you deposit. Leverage works against you as fast as it works for you.
ORBIT does not guarantee any outcome. We make no representation, promise or projection about profit, win rate, drawdown, or performance of any kind. Nothing in the Service — no indicator, no score, no automation, and nothing ORBIT's assistant says — is a prediction, a recommendation to buy or sell any instrument, or advice about your particular situation.
Every trade is your decision and your responsibility, including trades placed automatically by rules you configured and enabled. Automation does not transfer responsibility to us. You are responsible for supervising the software while it operates on your account.
Past results do not indicate future results. Any historical figures, backtests or sample data shown are illustrative only, may not model slippage, commissions, or the fills you would actually have received, and are not a promise of anything.
2. WHAT ORBIT IS, AND WHAT IT IS NOT
ORBIT is software you install and run on your own computer. It displays market data, provides charts and analysis tools, keeps a trading journal, and can automate trading rules that you choose and enable.
We are not a broker, dealer, futures commission merchant, exchange, investment adviser, commodity trading advisor, money transmitter, or financial institution. We are not registered with the SEC, CFTC, NFA, FINRA or any equivalent body, and we do not act in any of those capacities.
We never hold, receive, transmit or control your money. Your funds sit with your own broker under your own agreement with them.
You bring your own connections. Your brokerage credentials and market data credentials are yours, entered by you, stored on your own machine. We do not operate a server that receives, stores or relays your market data, and we do not resell market data.
We do not place trades on your behalf through our systems. Orders originate from software running on your computer, against your own broker connection, under rules you configured.
3. YOUR ACCOUNT
You must be at least 18 and legally able to enter contracts.
One account is for one person. Do not share your login. You are responsible for everything done through your account and for keeping your password secure. Tell us promptly if you believe it has been compromised.
Give accurate information and keep it current. We may suspend or close accounts with information we believe to be false.
4. SUBSCRIPTIONS, BILLING AND RENEWAL
ORBIT is sold by subscription, monthly or annual, at the price shown when you subscribe.
Founder pricing. Early subscribers may receive a reduced rate. Where we say a rate is locked, it remains your rate for as long as your subscription stays continuously active. If you cancel and later resubscribe, you pay the rate current at that time — the old rate does not come back.
Automatic renewal. Subscriptions renew automatically at the end of each period, at your then-current rate, until cancelled. You may cancel at any time through the customer portal. Cancellation takes effect at the end of the period you have already paid for; you keep access until then.
Payments are processed by Stripe. We never receive or store your full card number. You authorise us to charge your payment method for each renewal.
Failed payments. If a payment fails we will continue your access for a short grace period and try again. If it is not resolved, access ends.
Price changes apply from your next renewal, and we will give you at least 30 days' notice by email first. If you do not accept a change, cancel before it takes effect.
Taxes may be added where required.
Refunds are covered by our Refund Policy, which forms part of these Terms.
5. DEVICE LIMITS
Your subscription may be activated on up to two (2) devices. You can release a device to free the slot. Circumventing this limit is a breach of these Terms.
6. WHAT YOU MAY NOT DO
You may not:
- share, resell, sublicense, rent or redistribute the Service, or give access to anyone else
- copy, modify, decompile, reverse engineer or create derivative works, except where law says you may despite this clause
- remove or alter any notice of ownership
- use the Service to break any law, exchange rule, or your agreement with your broker or data provider
- redistribute, republish or resell market data received through the Service — your data agreements are between you and your provider, and they generally forbid this
- attack, overload, probe or interfere with our systems, or try to reach parts of them you are not authorised to
- use the Service to build a competing product
- misrepresent ORBIT's capabilities to anyone, including claiming it produces particular returns
7. OWNERSHIP
We own the Service and everything in it — software, designs, text, the ORBIT name and logo. Your subscription is a limited, personal, non-exclusive, non-transferable licence to use it, and nothing more. It ends when your subscription ends.
Your data is yours. Your trades, journal entries, labels, settings and layouts belong to you. Where they sit on your own machine, we do not have them at all.
Feedback you give us — bug reports, suggestions, feature ideas — we may use freely and without owing you anything.
8. THIRD PARTIES
ORBIT connects to services we do not control: brokers, market data providers, and payment processing. Your use of those is governed by your agreements with them. We are not responsible for their acts, outages, data errors, executions, fees, or decisions, including a broker rejecting or mis-filling an order, or a data feed being wrong, delayed or unavailable.
9. AVAILABILITY
We aim to keep the Service working but do not promise it will be uninterrupted or error-free. Software has bugs; networks fail; markets move while systems are down.
We may modify, suspend or discontinue any part of the Service. If we discontinue it substantially, we will give reasonable notice and refund any prepaid period not yet used.
Do not rely on ORBIT as your only means of managing risk. Keep the ability to reach your broker directly — by their platform or by telephone — and know how to flatten a position without us.
10. DISCLAIMER OF WARRANTIES
The Service is provided "AS IS" and "AS AVAILABLE". To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, accuracy, and any warranty arising from course of dealing or trade usage.
We do not warrant that the Service will meet your requirements, be uninterrupted, secure or error-free, that data shown is accurate, complete or timely, or that defects will be corrected.
11. LIMITATION OF LIABILITY
To the fullest extent the law allows:
We are not liable for any trading loss. This includes losses from automated trades, missed trades, delayed or wrong data, software defects, downtime, or your reliance on anything the Service displays or says.
We are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, revenue, data, goodwill or opportunity, however caused and on any theory of liability, even if we were told such damages were possible.
Our total liability for any claim is limited to the amount you actually paid us in the twelve (12) months before the event giving rise to it.
Some jurisdictions do not allow some of these exclusions, in which case they apply to the maximum extent permitted.
12. INDEMNITY
You will defend, indemnify and hold us harmless from claims, damages, losses and reasonable legal costs arising from your use of the Service, your trading activity, your breach of these Terms, or your violation of law or the rights of others.
13. ENDING IT
You may cancel at any time through the customer portal.
We may suspend or terminate your access if you breach these Terms, if we are required to by law, if your payment fails beyond the grace period, or if we discontinue the Service. Where we terminate without cause, we refund the unused portion of any prepaid period.
Sections 1, 7, 10, 11, 12 and 14 survive termination.
14. DISPUTES
Governing law: the State of Mississippi, without regard to conflict of laws rules.
Informal resolution first. Before starting formal proceedings, contact us at legal@tradeonorbit.com and give us 30 days to resolve it. Most things end here.
Arbitration. If we cannot resolve it, disputes will be settled by binding arbitration on an individual basis under the rules of a recognised arbitration body, seated in Mississippi.
Exceptions. Either of us may bring a claim in small claims court, and either of us may seek an injunction to protect intellectual property.
No class actions. Disputes are resolved individually. You waive any right to participate in a class or representative action.
You may opt out of arbitration by emailing legal@tradeonorbit.com within 30 days of first accepting these Terms. Opting out costs you nothing else.
15. THE REST
Changes. We may update these Terms. Material changes get at least 30 days' notice by email or in the app. Continuing to use the Service after that means you accept them.
Whole agreement. These Terms, plus the Privacy Policy and Refund Policy, are the entire agreement between us.
Severability. If a provision is unenforceable, the rest continues.
No waiver. Not enforcing something once does not waive it.
Assignment. You may not transfer these Terms. We may, on notice, in a merger, acquisition or sale of assets.
Force majeure. Neither of us is liable for failures caused by events beyond reasonable control, including exchange or broker outages, internet failure, natural disaster, or government action.
16. CONTACT
Orbit Software LLC 281 W Lake Road, Hattiesburg, MS 39402, United States legal@tradeonorbit.com