These Terms constitute a legally binding agreement between you and Data Orbis AI.
Please read carefully before accessing or using this website or any of our services.
These Terms of Use ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Data Orbis AI ("Data Orbis AI," "we," "us," or "our"), governing your access to and use of the Data Orbis AI website, all associated subdomains, digital platforms, tools, publications, content, and services (collectively, the "Website").
These Terms apply to all visitors, users, clients, prospective clients, job applicants, partners, contractors, and any other person who interacts with the Website in any capacity. Use of the Website by an individual on behalf of an organization binds that organization to these Terms. By acting on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
These Terms are supplemented by our Privacy Policy, which is incorporated herein by reference. In the event of any conflict between these Terms and a separately signed written agreement between you and Data Orbis AI, the signed written agreement shall prevail only to the extent of the specific conflict.
Data Orbis AI reserves the unilateral right to modify, update, replace, or supplement these Terms at any time and for any reason, with or without prior notice. All changes take effect immediately upon posting to the Website unless otherwise stated. The "Last Updated" date at the top of this page reflects the date of the most recent revision.
Your continued use of the Website after any modification constitutes your binding acceptance of the revised Terms. It is your sole responsibility to review these Terms periodically. Data Orbis AI shall have no liability for your failure to review updated Terms. If you do not accept any modification, your sole remedy is to immediately discontinue use of the Website.
Access to the Website is permitted on a temporary, conditional basis. Data Orbis AI reserves the right to withdraw or suspend access at any time, for any reason, without notice and without liability.
By using the Website, you represent and warrant that:
Data Orbis AI does not warrant that the Website or its content is appropriate for or lawfully available in all jurisdictions. You access the Website from your location entirely at your own risk and are solely responsible for compliance with applicable local laws.
Subject to your full and ongoing compliance with these Terms, Data Orbis AI grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and view the Website and its content solely for your own internal, non-commercial, informational purposes.
This license does not include, and you are expressly prohibited from:
This license terminates automatically and immediately, without notice, if you breach any provision of these Terms. Upon termination, you must immediately destroy all copies of Website content in your possession, custody, or control.
All content, functionality, and materials on the Website — including but not limited to text, articles, reports, white papers, case studies, graphics, logos, icons, images, audio, video, software, code, AI models, data models, frameworks, algorithms, methodologies, processes, concepts, know-how, industry perspectives, analytical tools, and the selection, compilation, and arrangement of all the foregoing (collectively, "Site Content") — are the exclusive property of Data Orbis AI or its licensors and are protected by Brazilian and international intellectual property laws, including the Lei de Direitos Autorais (Law No. 9.610/1998), applicable trademark law, patent law, and trade secret law.
All trademarks, service marks, trade names, logos, and brand identifiers displayed on the Website ("Marks") are the registered or unregistered property of Data Orbis AI or its licensors. You may not use any Marks in any manner that could cause confusion, imply endorsement, or associate Data Orbis AI with any product, service, or entity without express prior written authorization.
Nothing in these Terms grants you any right, title, interest, license, or ownership in or to any Site Content, Marks, or intellectual property of Data Orbis AI, other than the limited license expressly granted in Section 4. All rights not expressly granted are entirely reserved by Data Orbis AI.
If you believe that any content on the Website infringes your intellectual property rights, please submit a written notice to hello@orbisdata.ai containing: (a) identification of the work claimed to be infringed; (b) identification of the allegedly infringing material; (c) your contact information; (d) a good-faith belief statement; and (e) a statement of accuracy under penalty of applicable law. Data Orbis AI reserves the right to remove allegedly infringing content at its sole discretion.
You are strictly and absolutely prohibited from:
Any violation of this Section constitutes a material breach of these Terms and may constitute a violation of applicable intellectual property law and computer fraud and abuse statutes. Data Orbis AI reserves the right to pursue all available legal remedies, including injunctive relief and monetary damages, against any person or entity that violates this Section.
In addition to the prohibitions set out elsewhere in these Terms, you are expressly prohibited from using the Website for any of the following purposes:
Data Orbis AI reserves the right to investigate any suspected violation of this Section and to cooperate with law enforcement authorities. Any breach of this Section entitles Data Orbis AI to immediately terminate your access and pursue all available legal remedies.
If you submit, post, upload, or otherwise provide any information, feedback, ideas, suggestions, questions, messages, materials, or content to Data Orbis AI through the Website, contact forms, email, or any other channel ("User Submissions"), the following terms apply:
By making any User Submission, you automatically and irrevocably grant Data Orbis AI a worldwide, perpetual, irrevocable, non-exclusive, transferable, assignable, sublicensable, fully paid-up, royalty-free license to use, copy, reproduce, publish, distribute, transmit, modify, translate, create derivative works from, publicly display, publicly perform, and otherwise exploit your User Submission for any purpose whatsoever, in any form or media now known or hereafter invented, without any compensation to you and without seeking your further approval.
You hereby waive all moral rights, rights of attribution, and rights of integrity in your User Submissions to the fullest extent permitted by applicable law.
You represent and warrant that: (a) you own or have the necessary rights to your User Submissions; (b) your User Submissions do not infringe any third-party intellectual property, privacy, or other rights; (c) your User Submissions are truthful and do not contain misleading, defamatory, or unlawful content. You are solely responsible for the accuracy and legality of your User Submissions. Data Orbis AI reserves the right to remove any User Submission at any time, for any reason, without notice.
Data Orbis AI does not solicit or wish to receive confidential or proprietary information through the Website. Any information submitted through unsecured Website channels (including contact forms, general email, comment boxes, or public-facing tools) is treated as non-confidential by default.
If you wish to share confidential information with Data Orbis AI — for example, in the context of a potential consulting engagement — you must first enter into a signed, written Non-Disclosure Agreement (NDA) with Data Orbis AI. Until a valid NDA is executed and in force, any information you share with Data Orbis AI through any channel, including informal email or verbal communications, shall be treated as non-confidential and Data Orbis AI shall bear no confidentiality obligation with respect to such information.
Data Orbis AI's own proprietary methodologies, frameworks, tools, pricing, and business information shared during commercial discussions remain confidential and proprietary to Data Orbis AI. No disclosure by Data Orbis AI to you, whether oral or written and whether or not designated as confidential, creates any license or right to use Data Orbis AI's proprietary information.
No information on the Website creates a client relationship, professional engagement, fiduciary duty, or any advisory obligation between you and Data Orbis AI. Any reliance you place on information published on the Website is strictly at your own risk. Before making any decision based on information found on this Website, you should obtain independent advice from a qualified professional.
The Website may contain forward-looking statements, projections, estimates, or opinions about market trends, technology developments, or business strategies. These statements reflect Data Orbis AI's views at the time of publication and involve known and unknown risks and uncertainties. Data Orbis AI makes no representation that any forward-looking statement will prove accurate or that any described outcomes will be achieved.
Data Orbis AI is an AI and Data Consulting firm. The Website may contain references to, descriptions of, or demonstrations of AI-generated content, machine learning outputs, predictive models, and data-driven analyses.
AI models are probabilistic by nature and can produce inaccurate, incomplete, biased, or misleading outputs. Data Orbis AI does not warrant the accuracy, completeness, reliability, or fitness for any purpose of any AI output referenced on the Website. You are solely responsible for independently validating any AI-generated content before relying on it for any purpose. Data Orbis AI accepts zero liability for any decision, action, loss, or consequence arising from reliance on any AI output, model description, or analytical result referenced on or derived from this Website.
Use of AI tools discussed on this Website for regulated purposes (including but not limited to medical diagnosis, legal determinations, financial advice, or credit decisions) is expressly not endorsed or authorized by Data Orbis AI.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE, ALL SITE CONTENT, ALL SERVICES DESCRIBED THEREIN, AND ALL MATERIALS, TOOLS, AI OUTPUTS, AND INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED STRICTLY ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS, WITHOUT REPRESENTATION, GUARANTEE, OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.
ORB DATA AI EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL WARRANTIES INCLUDING BUT NOT LIMITED TO:
NO EMPLOYEE, OFFICER, DIRECTOR, CONTRACTOR, AGENT, OR REPRESENTATIVE OF ORB DATA AI HAS AUTHORITY TO MAKE ANY WARRANTY NOT EXPRESSLY SET FORTH IN A SIGNED, WRITTEN AGREEMENT WITH ORB DATA AI.
1. Zero Monetary Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE MANDATORY LAW, ORB DATA AI'S TOTAL AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY CLAIM, LOSS, OR DAMAGE OF ANY KIND ARISING FROM OR RELATED TO THESE TERMS, YOUR USE OF OR INABILITY TO USE THE WEBSITE, ANY CONTENT ON THE WEBSITE, OR ANY SERVICES REFERENCED THEREON — REGARDLESS OF THE CAUSE OF ACTION, THEORY OF LIABILITY, OR WHETHER ORB DATA AI WAS ADVISED OF THE POSSIBILITY OF SUCH LOSS — SHALL BE:
2. Exclusion of All Categories of Damages. IN NO EVENT SHALL ORB DATA AI OR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, AFFILIATES, SUCCESSORS, OR ASSIGNEES BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO:
3. External Causes. Data Orbis AI expressly excludes all liability for losses or damages arising from: (a) events outside its reasonable control, including force majeure; (b) your own acts or omissions; (c) the acts or omissions of third-party service providers, hosting providers, or internet infrastructure operators; (d) any security incident, cyberattack, ransomware, or unauthorized access not directly caused by Data Orbis AI's proven gross negligence; (e) your failure to maintain adequate security, access controls, or system hygiene on your own infrastructure.
4. AI and Consulting Output Reliance. Data Orbis AI accepts zero liability for any business decision, investment, operational change, financial outcome, legal consequence, or other result arising from your reliance on any AI model output, data analysis, insight, recommendation, or deliverable referenced on or derived from this Website.
5. Third-Party Content and Links. Data Orbis AI bears zero liability for any content, services, transactions, or privacy practices of any third-party website or service linked to or from this Website, regardless of the nature of the link or any apparent affiliation.
6. Mandatory Law Carve-Out. Nothing in this Section 13 excludes or limits liability that cannot be excluded under applicable mandatory law, specifically: (a) liability for death or personal injury directly and exclusively caused by proven gross negligence of Data Orbis AI; and (b) liability for fraudulent misrepresentation directly attributable to Data Orbis AI. This carve-out is narrow, does not extend to any other theory of liability, and does not in any way expand Data Orbis AI's liability beyond what is strictly required by mandatory law.
Data Orbis AI reserves the right, at its own expense and sole discretion, to assume exclusive control of the defense of any matter subject to indemnification by you, in which case you agree to fully cooperate with Data Orbis AI's defense of such claim. This indemnification obligation survives the termination of these Terms and your discontinuation of use of the Website.
The Website may contain links to, references to, or integrations with third-party websites, platforms, tools, APIs, and services that are not owned or controlled by Data Orbis AI. These links are provided solely for convenience and informational purposes.
The presence of a link to a third-party resource does not imply any association, affiliation, endorsement, or partnership between Data Orbis AI and that third party.
You may link to the Data Orbis AI homepage from your own website, provided the link: (a) is not misleading or deceptive; (b) does not falsely imply any endorsement, sponsorship, or partnership with Data Orbis AI; (c) does not frame or embed the Website within your own website without written consent; and (d) complies with all applicable laws and these Terms.
Data Orbis AI reserves the right, at its sole discretion and without notice, to withdraw permission to link to the Website at any time. Upon notice of such withdrawal, you must immediately remove all links to the Website. Data Orbis AI expressly prohibits any use of its Marks in connection with any link without prior written authorization.
Data Orbis AI may, at its sole and absolute discretion, immediately and without prior notice or liability:
Upon termination, all licenses and rights granted to you under these Terms immediately cease, and you must destroy all copies of Website content in your possession. Termination does not limit any other right or remedy available to Data Orbis AI. Provisions of these Terms that by their nature should survive termination — including Sections 5, 6, 8, 9, 12, 13, 14, 19, and 20 — shall survive indefinitely.
Data Orbis AI shall not be responsible or liable for any failure or delay in the performance of its obligations under these Terms, or any interruption to Website availability, to the extent caused by circumstances beyond its reasonable control, including but not limited to: acts of God, natural disasters, flood, fire, earthquake, epidemics, pandemics, war, terrorism, riots, civil unrest, governmental actions or restrictions, embargoes, sanctions, labor disputes or strikes, power failures, telecommunications or internet infrastructure failures, third-party cyberattacks, distributed denial-of-service attacks, ransomware incidents, cloud or hosting provider outages, or any other event outside Data Orbis AI's direct operational control.
In such circumstances, Data Orbis AI's obligations are suspended for the duration of the force majeure event. Data Orbis AI will use commercially reasonable efforts to notify affected users and to restore normal operations as soon as reasonably practicable, but bears no liability for any loss or damage arising during the force majeure period.
Informal Resolution First: Before initiating any formal legal proceeding, you agree to attempt to resolve any dispute arising from or relating to these Terms or your use of the Website by contacting hello@orbisdata.ai. Data Orbis AI will endeavor in good faith to resolve the matter within 30 calendar days of receipt of a written dispute notice. This step is a mandatory precondition to initiating any formal legal or arbitral proceeding.
Binding Arbitration: If informal resolution fails, any and all disputes, claims, or controversies arising out of or relating to these Terms, the Website, or Data Orbis AI's services — including any question regarding the existence, validity, breach, or termination of these Terms — shall be exclusively and finally resolved by binding individual arbitration. Arbitration shall be administered by the Câmara de Comércio Brasil-Canada (CCBC) in São Paulo, Brazil, in accordance with its then-current rules. The arbitration shall be conducted in Portuguese or English as mutually agreed. The arbitral award shall be final, binding on both parties, and enforceable in any court of competent jurisdiction.
Nothing in this Section prevents either party from seeking urgent interim injunctive or other provisional relief from a court of competent jurisdiction to the extent necessary to prevent imminent, irreparable harm, pending the outcome of arbitration.
These Terms and any dispute, claim, or controversy arising from or related to them shall be governed by and construed in accordance with the laws of the Federative Republic of Brazil, without reference to conflict of law rules that would require the application of the laws of any other jurisdiction.
For any matter not subject to arbitration under Section 19, each party irrevocably submits to the exclusive jurisdiction of the courts of the Comarca de São Paulo, State of São Paulo, Brazil. You waive any objection to the laying of venue in those courts and any objection that such courts are an inconvenient forum.
Where mandatory consumer protection or data protection laws in your jurisdiction confer rights that cannot be contractually waived, such rights are preserved solely to the minimum extent required by applicable mandatory law, and all other provisions of these Terms remain in full force and effect.
Severability: If any provision of these Terms is found to be invalid, unenforceable, or illegal by a court or arbitrator of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect and shall be construed to give maximum effect to the original intent of the parties.
Entire Agreement: These Terms, together with our Privacy Policy and any separately signed written agreement between you and Data Orbis AI, constitute the entire agreement between the parties with respect to the subject matter herein and supersede all prior negotiations, representations, warranties, discussions, or agreements — oral or written — relating to the same subject matter.
No Waiver: No failure or delay by Data Orbis AI in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof. No single or partial exercise of any right precludes any further or future exercise of that right or any other right.
No Agency: Nothing in these Terms creates any agency, partnership, joint venture, employment, or franchise relationship between you and Data Orbis AI. You have no authority to bind Data Orbis AI in any respect.
Language: These Terms are written in English. Any translation is provided for convenience only. In the event of any conflict or inconsistency between the English version and any translation, the English version shall prevail in all respects.
Assignment: You may not assign, transfer, or delegate these Terms or any of your rights or obligations hereunder without Data Orbis AI's prior written consent. Data Orbis AI may freely assign these Terms, in whole or in part, including in connection with any merger, acquisition, restructuring, or sale of assets. These Terms shall be binding on and inure to the benefit of the parties and their respective successors and permitted assigns.
Your use of the Website is also governed by our Privacy Policy, which is incorporated into these Terms by reference and forms an integral part of this agreement. By accepting these Terms, you also acknowledge and accept our Privacy Policy. Please review our Privacy Policy to understand our practices regarding the collection, use, storage, and protection of your personal data.