Terms of Service

These Terms of Service (the “Terms”) are a binding agreement between you and Orbioom LLC (“Cyborb,” “we,” “us”), the operator of the Cyborb desktop application, command-line tools, mobile applications, websites (including cyborb.ai), hosting of published sites (including on cyborb.app), and related services (together, the “Service”). By creating an account, clicking to accept, installing, or using the Service, you accept these Terms and our Privacy Policy. If you do not agree, do not use the Service. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” means that organization.

You must be at least 18 years old (or the age of majority where you live) to use the Service. The Service is not directed to children, and you may not use it on behalf of anyone under 18. We do not knowingly collect personal information from children; if we learn that we have, we will delete it and close the account. You may not use the Service if you are barred from doing so under applicable law, including sanctions and export-control laws (Section 21).

Cyborb is offered as a beta service. Features may be incomplete, may not work as intended, may produce incorrect results, may be changed, suspended, or removed at any time, and may never become generally available. Outages, data loss, and interruptions can occur. We are actively improving the Service, but we make no commitment to any service level, uptime, support response, or continued availability of any feature, model, or capability. Features identified as beta, preview, experimental, or early access are additionally provided without any warranty, support, maintenance, or storage commitment of any kind, and your use of them is at your own risk. Keep local copies of anything you care about.

You need a Cyborb account (provided through our authentication provider, Clerk) for most features. You are responsible for everything that happens under your account, for keeping your credentials secure, and for the accuracy of the information you provide. Notify us promptly at orbioomtech@gmail.com if you suspect unauthorized use. We may refuse, suspend, or terminate accounts as described in Section 14.

We offer free and paid plans (currently Free, Pro, and Max). Paid subscriptions are billed through Clerk Billing and its payment processor, Stripe, on a recurring basis, and renew automatically at the end of each billing period until you cancel. You can cancel at any time from your account page; cancellation takes effect at the end of the current billing period, and you keep access until then. Except where required by law (or stated otherwise in these Terms), payments are non-refundable, and unused usage allowances have no cash value, do not roll over, and are non-refundable: metered usage is consumed by each AI action based on the resources used, regardless of the outcome.

Prices and plan contents can change. We may change prices, plan features, and included allowances at any time. For price increases to an existing subscription we will give you at least 30 days’ advance notice, and the change takes effect at your next billing period; if you do not agree, cancel before it takes effect. Taxes may be added where applicable. If a payment fails, we may suspend paid features until the balance is settled. If you are an EU or UK consumer, you have a 14-day right of withdrawal from a new purchase; by requesting immediate access to the Service during that period you acknowledge that if you withdraw you may owe a proportionate amount for what was already supplied.

Plans include usage allowances (for example, token budgets over rolling windows) that are enforced automatically. Usage limits, budgets, metering rates, model availability, and the models behind any tier are not entitlements and may change at any time without notice. We may throttle, suspend, or restrict usage that is an outlier, that circumvents or attempts to circumvent limits, metering, or safeguards (including by creating multiple accounts), or that places undue burden on the Service. Where reasonably possible we will notify you before restricting an account for outlier usage, but we are not required to.

The Service uses general-purpose AI models to generate code, text, images, audio, video, and other content (“Output”) from your prompts, code, and other material you provide (“Input”). Output is machine-generated. OUTPUT MAY BE INACCURATE, INCOMPLETE, INSECURE, OR SIMILAR TO OUTPUT PROVIDED TO OTHERS. YOU MUST NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH, AND YOU MUST REVIEW AND TEST ALL OUTPUT BEFORE RELYING ON IT, DEPLOYING IT, OR PUBLISHING IT. Output is not professional, legal, medical, or financial advice. As between you and us, you retain your rights in your Input, and we assign to you our right, title, and interest, if any, in Output generated for you; but because Output is machine-generated, it may not be unique and we cannot guarantee that similar output will not be generated for others, and no rights are granted to another user’s output. You are solely responsible for how you use Output, including code you run or deploy and content you publish. Where you share AI-generated content, you must not present it as human-created and must preserve any AI-provenance identifiers or watermarks embedded in it; we may label generated media as AI-generated.

Parts of the Service are clearly identified as executing actions autonomously: the agent can run code and shell commands on your machine, modify files, fire scheduled prompts unattended, and, if you enable remote access, allow a paired device you control to drive your computer over an end-to-end encrypted connection. You assume all risk of using these features, including system outages, software defects, data loss, unintended actions, and security vulnerabilities, and you are solely responsible for appropriate safeguards: supervision, backups, testing, sandboxing, and monitoring. Do not point autonomous features at systems or data you cannot afford to damage.

DRAFT: THIS SECTION IS PENDING REVIEW BY LEGAL COUNSEL AND IS NOT FINAL. IT DESCRIBES OUR INTENDED POSITION IN PLAIN LANGUAGE UNTIL THAT REVIEW COMPLETES.The Service depends on third-party providers: AI model and media providers reached through our proxy, and infrastructure providers such as Clerk (authentication), Stripe (payments), and Cloudflare (hosting, domains, networking). Your use of any model or feature routed through the Service is also subject to the applicable provider’s terms and acceptable-use policies, and you agree to comply with them. We do not guarantee which provider or model serves any given tier, the availability of any particular model, or any particular processing region. We are not responsible for third-party provider refusals, deprecations, outages, or content handling.

Your own provider accounts (“bring your own provider”). Cyborb can operate AI accounts, subscriptions, command-line tools, and API keys that belong to you (for example, your own Codex, Claude, Cursor, Grok, or other provider account or CLI), so that your own plan does the work instead of ours. Connecting an account of your own is optional (our metered plans are the alternative), and if you choose it, that relationship is entirely between you and that provider. We are not a party to it, and we do not resell, control, or support it.

Automation may breach that provider’s terms. When you connect an account of your own, Cyborb signs in as you and drives it programmatically, including unattended and while you are away from the machine. Many providers restrict automated, scripted, or unattended use of a personal subscription, restrict sharing an account or a seat, or limit which tools may access an account. You accept that connecting your own account to Cyborb may violate your agreement with that provider. We make no representation that any particular provider permits it and we do not verify or monitor it. It is your responsibility, not ours, to read that provider’s terms and satisfy yourself before you connect, and to stop if the provider tells you to.

Your provider account may be rate-limited, suspended, or terminated. That can happen for any reason, including your use of the account with Cyborb, and it can happen without warning. You may lose access to a subscription you paid for, to work in progress, and to anything held in that account. As between you and us, that risk is yours, and resolving it is solely between you and the provider.

You represent that you are authorized. By connecting an account, credential, token, or API key, you represent and warrant that it is yours or that you are authorized to use it in this way; that doing so does not breach any agreement you have with the provider, an employer, or a client; and that you may lawfully use it from wherever you run Cyborb. Do not connect someone else’s credentials, or an organization’s credentials without its permission.

Our responsibility for connected accounts. To the maximum extent permitted by applicable law, we have no liability arising from an account you connect (including its rate-limiting, suspension, or termination, loss of access, lost or deleted data and work, amounts that provider bills you, and any indirect or consequential loss) and no obligation to restore access, seek reinstatement on your behalf, intervene, compensate you, refund you, or supply substitute capacity. Sections 15–18 apply to this section. If you are a consumer in the EU or UK, Section 17 applies.

You retain ownership of the content you create, upload, or publish through the Service (“Content”), including published sites. So that we can operate the Service, you grant us a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, cache, reproduce, distribute, publicly display, and serve your Content solely as needed to provide the Service (for example, serving your published site to visitors). You represent that you own or have the necessary rights to all Content you publish and that it does not violate law, these Terms, or third-party rights.

Subdomains on cyborb.app (and any hosting we provide) are licensed, not sold. We reserve the right, at our sole discretion, to remove, disable, suspend, reclaim, reassign, or redirect any published site, subdomain, or custom-domain routing at any time, for any reason or no reason, with or without notice, and without liability to you. This includes takedowns in response to third-party complaints, legal demands, abuse reports, trademark issues, inactivity, or operational needs, and removal of free-tier deployments at our discretion. No subdomain or site is guaranteed to remain available, and you should keep your own copies of everything you publish. Free-tier sites may carry a “Built with Cyborb” badge. Published sites share the cyborb.app domain: do not set cookies scoped to the parent domain, and do not rely on cookie or origin isolation between sibling subdomains. You, not we, are responsible for the sites you publish, including their content, their legal compliance (privacy, consumer, accessibility, and other laws), and anything they collect from their visitors. If you are a consumer in the EU or UK, we will exercise these rights in a manner consistent with your statutory rights.

If you purchase or connect a custom domain through the Service, domain registration is provided through Cloudflare Registrar, and you agree to Cloudflare’s Domain Registration Agreement and applicable ICANN policies, including: providing and maintaining accurate registrant data (and updating it within 7 days of changes), responding to verification requests within 15 days (failure may suspend the domain), the 60-day post-registration transfer lock, and submission to the UDRP and URS dispute policies. We act as your purchasing agent; you are the beneficial user of the domain and responsible for it. We may disconnect custom hostnames that fail validation, lapse, or serve content that violates these Terms. Domain fees are non-refundable once registration is submitted.

You may not use the Service (including the agent, generation features, voice, published sites, and remote access) to do or promote any of the following: (a) child sexual abuse material or any sexualization of minors, in any form, including AI-generated (we report CSAM to the National Center for Missing & Exploited Children); (b) non-consensual intimate imagery or sexualized likenesses of real people without documented consent; (c) impersonation or deepfakes of any real person (including their name, image, or voice) without documented, revocable consent, or any use of voice features to deceive listeners about AI origin, place robocalls, or imitate political figures; (d) development of weapons, including chemical, biological, radiological, nuclear, or explosive; (e) malware, phishing, exploits, unauthorized access, credential harvesting, or other malicious cyber activity; (f) fraud, scams, spam, or deceptive practices; (g) harassment, hate, incitement of violence, or promotion of self-harm; (h) election interference or undisclosed political campaigning; (i) real-money gambling, illegal sales of controlled substances, human trafficking, or sexual exploitation; (j) facial-recognition databases, biometric identification, social scoring, or unlawful tracking or surveillance; (k) automation of high-stakes decisions (credit, employment, housing, insurance, medical, legal, or government benefits) without qualified human review, or provision of licensed professional advice without a qualified professional; (l) circumvention of any safety filter, rate limit, metering, or safeguard of ours or of any upstream provider; (m) infringement of intellectual-property, privacy, or publicity rights; (n) content or activity that is otherwise unlawful, or that violates an upstream provider’s acceptable-use policy; (o) crypto-mining on, or undue burden of, our infrastructure; or (p) submitting regulated data the Service is not designed for, including protected health information, cardholder data, or data subject to similar sector-specific regimes. Published sites that transact payments must additionally comply with Stripe’s prohibited-business restrictions. We may investigate and enforce this section by any lawful means, including removing content and suspending accounts, and may report unlawful activity to authorities.

We respond to copyright infringement notices under the U.S. Digital Millennium Copyright Act. Send notices containing the elements required by 17 U.S.C. § 512(c)(3) to our copyright contact: orbioomtech@gmail.com (subject “DMCA”). If your content was removed by mistake or misidentification, you may send a counter-notice under § 512(g). We may remove or disable allegedly infringing content at any time, and we terminate the accounts of repeat infringers in appropriate circumstances.

You may stop using the Service and delete your account at any time. We may suspend or terminate your access to all or part of the Service at any time, with or without cause, with or without notice, including for violations of these Terms, risk to the Service or other users, legal demands, or extended inactivity of free accounts. If we terminate a paid subscription without cause, we will refund the pro-rata unused portion of what you prepaid; there is no refund for termination due to your breach. If you believe an enforcement action was in error, contact orbioomtech@gmail.com. On termination, your license to use the Service ends, published sites may be taken down, and we may delete Content and account data; keep local copies. Sections that by their nature should survive (including Sections 7, 9, 10, and 13–22) survive termination.

THE SERVICE, ALL SOFTWARE, ALL BETA FEATURES, AND ALL OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT DEFECTS WILL BE CORRECTED; THAT CONTENT WILL NOT BE LOST; OR THAT ANY OUTPUT (INCLUDING AI-GENERATED CODE, SITES, IMAGES, AUDIO, OR VIDEO) WILL BE ACCURATE, COMPLETE, SECURE, NON-INFRINGING, OR FIT FOR PRODUCTION USE. YOU ARE RESPONSIBLE FOR EVALUATING, AND YOU BEAR ALL RISKS ASSOCIATED WITH, YOUR USE OF THE SERVICE AND ANY OUTPUT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) NEITHER WE NOR OUR AFFILIATES, SUPPLIERS, OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF THE AMOUNTS YOU PAID US IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR ONE HUNDRED U.S. DOLLARS (US $100). THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; THEY ARE ESSENTIAL TO THE BARGAIN BETWEEN YOU AND US. OUR AFFILIATES AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THIS SECTION.

Nothing in these Terms excludes or limits liability for: (a) death or personal injury caused by negligence; (b) fraud or fraudulent misrepresentation; (c) gross negligence or intentional misconduct; or (d) any other liability that cannot be excluded or limited under applicable law. If you are a consumer in the European Union or the United Kingdom, nothing in these Terms affects your statutory rights, including rights to a service that conforms to the contract; and the arbitration and exclusive-venue provisions of Sections 19–20 do not apply to you; you may bring claims in the courts of the country where you live and benefit from that country’s mandatory consumer protections. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages, so some of the above exclusions and limitations may not apply to you; in such jurisdictions our liability is limited to the greatest extent permitted by law. For New Jersey residents, Sections 15 and 16 apply except to the extent they would exclude or limit rights or remedies that New Jersey law does not permit to be excluded or limited.

You will defend, indemnify, and hold harmless Cyborb and its affiliates, officers, and suppliers from and against claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or relating to: your Content and published sites; your custom domains and domain registrations; your Inputs and your use of Outputs; any third-party account, subscription, or credential you connect to the Service (Section 9); your violation of these Terms, of applicable law, or of any third-party provider’s terms; or your infringement of any third party’s intellectual-property, privacy, or publicity rights. We may assume the exclusive defense of any matter subject to indemnification, in which case you will cooperate with us.

PLEASE READ THIS SECTION CAREFULLY: IT REQUIRES INDIVIDUAL ARBITRATION OF DISPUTES AND WAIVES CLASS ACTIONS AND JURY TRIALS. (It does not apply to EU/UK consumers; see Section 17.)

Informal resolution first. Before filing any claim, you and we agree to try to resolve the dispute informally: send a written Notice of Dispute to orbioomtech@gmail.com (or we will send one to your account email) describing the claim and the relief sought, and the parties will attempt resolution for 60 days. Statutes of limitation are tolled during this period.

Binding arbitration. Any dispute not resolved informally will be resolved by final, binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, rather than in court. We will pay arbitration fees beyond the consumer filing fee. The arbitrator decides all issues except those reserved to courts by law; settlement offers are not disclosed to the arbitrator until after any award. Either party may instead bring an individual claim in small-claims court, and either party may seek injunctive or other equitable relief in court for intellectual-property infringement or abuse of the Service.

Class waiver. DISPUTES WILL BE ARBITRATED ONLY ON AN INDIVIDUAL BASIS. NEITHER PARTY MAY PARTICIPATE IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION, AND BOTH PARTIES WAIVE THE RIGHT TO A JURY TRIAL. If the class waiver is found unenforceable as to a particular claim, this entire arbitration section is void as to that claim (class arbitration is not permitted under any circumstances).

Coordinated filings. If 25 or more similar demands are filed by the same or coordinated counsel within 90 days, claims will be resolved in batches of up to 50 with a single arbitrator and a single set of fees per batch; limitation periods are tolled while batched claims are pending, batching may not be used to delay claims indefinitely, and no batch result binds other claimants.

Opt-out. You may opt out of this arbitration agreement without penalty by emailing orbioomtech@gmail.com (subject “Arbitration opt-out”) within 30 days of first accepting these Terms, or within 30 days of any future change to this Section, in which case the prior version continues to apply to you.

These Terms are governed by the laws of the State of California, USA, excluding its conflict-of-laws rules, and, for users outside the scope of Section 19, disputes will be brought in the state or federal courts located in California, and the parties consent to their jurisdiction. Mandatory consumer-protection law of your country of residence remains unaffected where it applies (Section 17).

You must comply with all applicable export-control and sanctions laws. You may not use the Service in, or for the benefit of anyone in, any embargoed territory, or if you are on any restricted-party list, and your Inputs may not include export-controlled technical data.

Changes to these Terms. We may update these Terms at any time. For materially adverse changes (including price increases and any change to Section 19) we will give at least 30 days’ notice by email or in-product and, where the change affects arbitration rights, ask for your renewed acceptance; other changes take effect when posted. Continued use after the effective date constitutes acceptance; prior versions are available from us on request.

Open source. Portions of Cyborb’s software include open-source components provided under their own licenses, which govern those components.

Feedback. If you send us feedback or suggestions, we may use them without restriction or obligation to you.

Support and third parties. All support for the Service is provided by us. Our infrastructure vendors (including Cloudflare, Clerk, and Stripe) have no direct relationship with you and, except as stated in Section 16, these Terms create no third-party beneficiaries.

Miscellaneous. If any provision of these Terms is held unenforceable, it will be enforced to the maximum extent permissible and the remainder will remain in effect. These Terms and the Privacy Policy are the entire agreement between you and us regarding the Service. You may not assign these Terms; we may assign them in connection with a merger, acquisition, or sale of assets. Our failure to enforce a provision is not a waiver. Notices to you may be given by email to your account address or in-product.

Questions about these Terms, disputes, copyright notices, and abuse reports: orbioomtech@gmail.com.