Terms of Service

Permitted Uses

• Use our website and services for lawful business purposes only
• Provide accurate and truthful information when communicating with us
• Respect intellectual property rights and proprietary information
• Comply with all applicable laws and regulations in your jurisdiction

Prohibited Activities

You agree not to:

• Use our services for any unlawful, fraudulent, or malicious purpose
• Attempt to gain unauthorized access to our systems or networks
• Interfere with or disrupt our services or servers
• Copy, modify, or distribute our content without permission
• Use automated systems or software to extract data from our website
• Impersonate any person or entity or misrepresent your affiliation
• Transmit viruses, malware, or any harmful code

Service Uptime

While we strive to provide continuous access to our website and services, we do not guarantee uninterrupted availability. Our services may be temporarily unavailable due to maintenance, updates, technical issues, or circumstances beyond our control.

Scheduled Maintenance

We reserve the right to perform scheduled maintenance on our systems. While we will make reasonable efforts to notify users of planned maintenance, we are not obligated to provide advance notice for all maintenance activities.

Service Modifications

We may modify, update, or discontinue features of our services at any time. We will make reasonable efforts to notify users of significant changes, but we are not liable for any modifications that may affect your use of our services.

Geographic Restrictions

Our services are provided from the United States and are intended for users worldwide. However, we do not guarantee that our services are appropriate or available for use in all jurisdictions. Users are responsible for ensuring their use of our services complies with local laws.

Our Content and Trademarks

All content on our website, including text, graphics, logos, images, and software, is the property of Orbitane or our licensors and is protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, or exploit any of our content without our prior written permission, except as permitted by fair use or other applicable copyright exceptions.

Limited License to Use

We grant you a limited, non-exclusive, non-transferable license to access and use our website and services for your personal or internal business purposes. This license does not include the right to download, copy, or redistribute our content except as necessary for normal website browsing.

User-Generated Content

If you submit feedback, suggestions, or other communications to us, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such content without compensation or attribution.

You represent and warrant that any content you submit does not infringe on the rights of third parties and that you have all necessary rights to grant us this license.

Copyright Infringement

We respect intellectual property rights. If you believe content on our website infringes your copyright, please contact us with details of the alleged infringement. We will investigate and take appropriate action in accordance with applicable law.

Service Agreements

Specific services provided to clients are governed by separate service agreements that outline the scope, deliverables, timeline, and compensation. These Terms of Service supplement but do not replace individual service agreements.

No Guarantee of Results

While we apply our expertise and best practices to every engagement, we do not guarantee specific business outcomes or results. Marketing performance depends on numerous factors beyond our control, including market conditions, product quality, competitive landscape, and client implementation.

Client Responsibilities

Clients engaging our services agree to:

• Provide accurate and complete information about their business and objectives
• Respond to our requests for information in a timely manner
• Make personnel and resources available as necessary for project success
• Implement recommendations in good faith and within agreed timelines

Confidentiality

We maintain strict confidentiality regarding client information and business strategies. We will not disclose client-specific information without permission, except as required by law or as necessary to provide services.

Service Fees

Fees for our services are specified in individual service agreements. Pricing displayed on our website is for informational purposes and may be subject to change without notice.

Payment Terms

Payment terms, including due dates, methods, and schedules, are outlined in service agreements. Unless otherwise specified, fees are due within 30 days of invoice date.

Taxes

All fees are exclusive of applicable taxes, duties, or governmental charges. Clients are responsible for any taxes associated with services, except for taxes based on our income.

Late Payment

Overdue invoices may be subject to late fees as specified in service agreements. We reserve the right to suspend services for accounts with outstanding balances.

Services Provided As Is

Our website and services are provided on an as-is and as-available basis. We make no warranties, express or implied, regarding the operation, availability, or content of our services.

Disclaimer of Warranties

To the fullest extent permitted by law, we disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our services will meet your requirements or that they will be uninterrupted, timely, secure, or error-free.

Information Accuracy

While we strive to provide accurate and up-to-date information, we make no representations about the completeness, accuracy, or reliability of any content on our website. Any reliance you place on such information is at your own risk.

Third-Party Content and Links

Our website may contain links to third-party websites or reference third-party content. We do not endorse, control, or assume responsibility for such external sites or content. Your use of third-party websites is at your own risk and subject to their terms.

General Limitation

To the maximum extent permitted by law, Orbitane and its affiliates, officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of our services.

Exclusion of Damages

We are not liable for lost profits, revenue, data, or business opportunities, even if we have been advised of the possibility of such damages. This limitation applies regardless of the legal theory on which your claim is based.

Maximum Liability Cap

In no event shall our total liability to you for all claims arising from or related to our services exceed the amount you paid us in the twelve months preceding the claim, or one hundred dollars if no fees were paid.

Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the greatest extent permitted by law.

Termination by You

You may cease using our services at any time. If you have a service agreement with us, termination terms are specified in that agreement.

Termination by Us

We reserve the right to suspend or terminate your access to our services at any time, with or without cause or notice, including if we believe you have violated these Terms of Service or engaged in conduct that is harmful to us or other users.

Effect of Termination

Upon termination, your right to use our services immediately ceases. Sections of these Terms that by their nature should survive termination will remain in effect, including disclaimers, limitation of liability, indemnification, and dispute resolution provisions.

Governing Law

These Terms of Service are governed by and construed in accordance with the laws of the United States, without regard to conflict of law principles.

Dispute Resolution

Any disputes arising from these terms or your use of our services shall be resolved through good-faith negotiation. If negotiation fails, disputes may be resolved through mediation or arbitration as mutually agreed upon.

Jurisdiction

To the extent litigation is necessary, you agree to submit to the exclusive jurisdiction of courts located in the United States for resolution of any disputes.

Waiver of Class Actions

You agree that any dispute resolution proceedings will be conducted on an individual basis and not as a class action, collective action, or representative action.

Entire Agreement

These Terms of Service, together with our Privacy Policy and any service agreements, constitute the entire agreement between you and Orbitane regarding your use of our services.

Severability

If any provision of these terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Waiver

Our failure to enforce any right or provision of these terms will not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative.

Assignment

You may not assign or transfer these terms or your rights under them without our prior written consent. We may assign these terms without restriction.

Force Majeure

We are not liable for any failure or delay in performing our obligations due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or governmental actions.