Terms and Conditions
Last Updated: January 10, 2025
1. Agreement to Terms
These Terms and Conditions ("Terms") govern your access to and use of Orbit ("the App"), a subscription tracking application for iOS and macOS developed and operated by Flooben Ltd, a company registered in England and Wales with company number 16033044 and registered office at 20 Wenlock Road, London, England, N1 7GU ("we," "us," or "our"). By downloading, installing, or using the App, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the App.
2. Company Information
Company Name: Flooben Ltd
Company Number: 16033044
Registered Office: 20 Wenlock Road, London, England, N1 7GU
Contact Email: hello@flooben.com
---
3. Licence to Use the App
Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable licence to download, install, and use the App on devices that you own or control, strictly in accordance with these Terms and the App's documentation.
3.1 Restrictions
You may not:
- Copy, modify, or create derivative works of the App
- Reverse engineer, decompile, or disassemble the App
- Remove, alter, or obscure any proprietary notices on the App
- Use the App for any unlawful purpose or in violation of these Terms
- Rent, lease, lend, sell, redistribute, or sublicence the App
- Use the App to transmit malicious code, viruses, or harmful content
- Attempt to gain unauthorised access to our systems or other users' data
- Use the App to track or monitor individuals without their consent
- Use automated systems or bots to access or interact with the App
- Engage in any fraudulent or deceptive practices
4. Your Account and Data
You are responsible for maintaining the security of your device and any data stored in the App. We are not liable for any loss or damage arising from your failure to comply with this security obligation.
You retain all rights to the subscription data you enter into the App. You are solely responsible for the accuracy and legality of any data you provide. The App provides tools to export your data, and you are responsible for maintaining your own backups.
4.1 Data Privacy
Your use of the App is also governed by our Privacy Policy, available at https://flooben.com/privacypolicy. By using the App, you consent to our collection and use of data as described in the Privacy Policy, which complies with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018.
5. Free Version
The free version of the App allows you to track up to 5 active subscriptions with basic features. The free version is provided "as-is" without warranty, subject to your statutory rights under UK consumer protection law.
6. Orbit Plus Premium Purchase
Orbit Plus is our premium purchase offering that unlocks additional features including:
- Unlimited subscription tracking
- Magic Import (AI-powered screenshot and document scanning)
- Home screen widgets
- Custom organisation lists
- Enhanced logo database access
- Multi-currency conversion features
6.1 Subscription Plans
Orbit Plus is available through the following purchase options:
- Annual Subscription: Billed annually, auto-renews unless cancelled
- Lifetime Purchase: One-time payment for permanent access
6.2 Payment Processing
All payments are processed through Apple's App Store or Mac App Store. By purchasing Orbit Plus, you agree to Apple's Terms of Service and payment policies. We use RevenueCat as our subscription management platform.
6.3 Pricing and VAT
Prices are displayed in your local currency and may vary by region. Where applicable, UK VAT or other local taxes will be added to the price displayed. We reserve the right to modify pricing with reasonable notice to existing subscribers.
6.4 Auto-Renewal
Annual subscriptions automatically renew unless cancelled at least 24 hours before the end of the current period. Your Apple account will be charged for renewal within 24 hours prior to the end of the current period at the rate of your selected plan.
6.5 Cancellation
You may cancel your subscription at any time through your Apple App Store account settings. Cancellation takes effect at the end of the current billing period. Subject to your statutory rights, no refunds are provided for partial subscription periods.
6.6 Refunds and Your Statutory Rights
All purchases are subject to Apple's refund policies. Refund requests should be submitted through the App Store. We do not process refunds directly. Important: Nothing in these Terms affects your statutory rights as a consumer under UK law. If you are a consumer in the UK, you have certain rights under the Consumer Rights Act 2015, including:
- The right to a refund if the App is faulty or not as described
- The right to cancel within 14 days of purchase (note: this right may be waived for digital content once you begin downloading or streaming)
Lifetime purchases are generally non-refundable except as required by law or where your statutory rights apply.
6.7 Free Trials
If a free trial is offered, you will be charged the subscription fee after the trial period ends unless you cancel before the trial expires. Free trials are limited to one per user.
7. Features and Services
Magic Import: Magic Import uses on-device AI processing to scan images and documents for subscription information. While we strive for accuracy, the feature is provided "as-is" (subject to your statutory rights) and may produce errors. You are responsible for verifying all imported data. Personally identifable information is redacted before the use of AI to meet our Privacy-by-design core principles in the product. The use of AI is only applied for ensuring data is entered into the app correctly for the best possible user experience.
iCloud Sync: iCloud sync requires an active iCloud account. We use Apple's CloudKit framework for synchronisation. Sync functionality depends on Apple's services and your iCloud storage availability. We are not responsible for data loss due to iCloud sync failures, except where we have been negligent.
Notifications: The App can send notifications about upcoming subscription renewals. Notification delivery depends on your device settings and iOS notification permissions. iOS does not guarantee notification delivery.
Currency Conversion: Currency conversion rates are provided for informational purposes only and may not reflect real-time exchange rates. We are not responsible for inaccuracies in currency conversion.
Logo Database: Our logo database contains third-party brand images used for informational purposes. We do not claim ownership of these logos and use them under fair dealing principles for product identification.
8. Third-Party Services
The App integrates with the following third-party services:
- Apple CloudKit: For iCloud sync functionality
- RevenueCat: For subscription management
- Firebase Analytics: For app analytics (anonymised)
- Mixpanel: For product analytics (anonymised)
Your use of these services through the App is subject to their respective terms of service and privacy policies. We are not responsible for the practices or content of third-party services.
9. Intellectual Property
The App, including its code, design, graphics, text, and functionality, is owned by Flooben Ltd and protected by copyright, trademark, and other intellectual property laws. "Orbit subscription tracker" is our trademark. Third-party logos and brand names displayed in the App are the property of their respective owners. Use of these marks does not imply endorsement by or affiliation with those companies.
If you provide feedback, suggestions, or ideas about the App, you grant us a perpetual, worldwide, royalty-free licence to use, modify, and incorporate such feedback without compensation or attribution.
10. App Updates and Changes
We may release updates to the App to add features, fix bugs, or improve performance. Some updates may be required to continue using the App. Updates are provided through the App Store.
We reserve the right to modify, suspend, or discontinue any feature of the App at any time with reasonable notice where practicable. We are not liable for any modifications, suspension, or discontinuation of features, except where we have been negligent or in breach of contract. We strive to maintain App availability but do not guarantee uninterrupted access. The App may be unavailable due to maintenance, updates, or circumstances beyond our control.
11. User Conduct
You agree to use the App only for lawful purposes and in accordance with these Terms. You agree not to:
- Violate any applicable laws or regulations
- Infringe upon the rights of others
- Use the App in any way that could harm, disable, or impair our services
- Attempt to circumvent subscription limitations or payment requirements
- Share your Orbit Plus subscription with others
- Use the App to track or monitor individuals without their consent
- Engage in any fraudulent or deceptive practices
12. Warranties and Liability
12.1 Our Commitment
We will provide the App with reasonable care and skill. If you are a consumer in the UK, you have legal rights in relation to services not carried out with reasonable care and skill. Nothing in these Terms affects these rights.
12.2 Limitations (Business Users Only)
If you are using the App for business purposes, the following limitations apply:
THE APP IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT:
- The App will meet your specific requirements or expectations
- The App will be uninterrupted, timely, secure, or error-free
- The results obtained from using the App will be accurate or reliable
- Any errors in the App will be corrected
- The App or servers are free from viruses or harmful components
12.3 Limitation of Liability (Business Users Only)
**If you are a business user:**
NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR:
- Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Any other liability that cannot be excluded or limited under English law
SUBJECT TO THE ABOVE, OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE APP SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED POUNDS (£100), WHICHEVER IS GREATER.
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE.
12.4 Consumer Rights
**If you are a consumer in the UK:**
Nothing in these Terms affects your statutory rights under the Consumer Rights Act 2015 or other consumer protection legislation. These include rights relating to:
- Faulty or misdescribed digital content
- Services not provided with reasonable care and skill
- Your right to cancel within 14 days of purchase
We are only responsible for loss or damage you suffer that is a foreseeable result of our breach of these Terms or our negligence. Loss or damage is foreseeable if it is an obvious consequence of our breach or if it was contemplated by you and us at the time you started using the App.
We do not exclude or limit in any way our liability for:
- Death or personal injury caused by our negligence
- Fraud or fraudulent misrepresentation
- Any breach of the terms implied by the Consumer Rights Act 2015
- Any other liability that cannot be excluded or limited under English law
13. Privacy and Data Protection
Flooben Ltd is the data controller for personal data processed in connection with the App.
We comply with the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018. Full details of how we collect, use, and protect your data are set out in our Privacy Policy at https://flooben.com/privacypolicy.
13.1 Your Data Rights
Under UK data protection law, you have rights including:
- The right to access your personal data
- The right to rectification of inaccurate data
- The right to erasure ("right to be forgotten")
- The right to restrict processing
- The right to data portability
- The right to object to processing
- Rights in relation to automated decision making and profiling
To exercise these rights, please contact us using the details in Section 2.
Subscription data is stored locally on your device and, for Orbit Plus users, in your personal iCloud account. We do not store your subscription data on our servers.
We use anonymised analytics to improve the App. Analytics data does not contain personally identifiable information.
13.2 Data Protection Complaints
If you have concerns about how we handle your personal data, you have the right to lodge a complaint with the Information Commissioner's Office (ICO):
- **Website:** https://ico.org.uk
- **Telephone:** 0303 123 1113
14. Children's Privacy
The App is not intended for users under the age of 4.. If you believe a child has provided us with personal information, please contact us and we will delete it.
15. Termination
15.1 Termination by You
You may stop using the App at any time by deleting it from your device. To cancel your Orbit Plus subscription, you must cancel through your Apple App Store account. If you are a consumer, your statutory cancellation rights apply.
15.2 Termination by Us
We reserve the right to suspend or terminate your access to the App with reasonable notice for material violation of these Terms, fraudulent or illegal activity, or abuse of the service. We may terminate immediately without notice for serious breaches, including criminal activity.
15.3 Effect of Termination
Upon termination, your licence to use the App immediately ceases and you must delete the App from all devices. Orbit Plus features will no longer be accessible after your subscription expires. Your local data may remain on your device unless you delete it.
Termination does not entitle you to a refund of any fees already paid, except where your statutory rights apply or where we have breached these Terms.
16. Dispute Resolution and Governing Law
16.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of England and Wales.
16.2 Jurisdiction
**For consumers:** If you are a consumer, you may bring legal proceedings in respect of these Terms in the English courts or, if you are a resident of Scotland or Northern Ireland, in the courts of Scotland or Northern Ireland respectively.
**For business users:** If you are a business user, you agree to submit to the exclusive jurisdiction of the courts of England and Wales.
16.3 Alternative Dispute Resolution (Consumers)
If you are a consumer and have a complaint, we would like to resolve it with you directly. Please contact us at hello@flooben.com.
If we cannot resolve your complaint, you may be entitled to use an alternative dispute resolution (ADR) provider or the Online Dispute Resolution (ODR) platform:
- **ODR Platform:** https://ec.europa.eu/consumers/odr (for disputes about online purchases)
We are not obliged to participate in ADR, but we will consider it on a case-by-case basis.
17. Apple-Specific Terms
17.1 Acknowledgment
You acknowledge that these Terms are between you and Flooben Ltd Limited only, not with Apple, and Apple is not responsible for the App or its content.
17.2 Scope of Licence
Your licence to use the App is limited to a non-transferable licence to use the App on any Apple device that you own or control and as permitted by the Apple App Store Terms of Service.
17.3 Maintenance and Support
Flooben Ltd is solely responsible for providing maintenance and support services for the App. Apple has no obligation to furnish maintenance and support with respect to the App.
17.4 Warranty
In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the App. To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the App. Your statutory rights as a consumer are not affected.
17.5 Product Claims
Flooben Ltd, not Apple, is responsible for addressing any claims relating to the App or your possession and use of the App, including product liability claims and claims that the App fails to conform to legal or regulatory requirements.
17.6 Intellectual Property Rights
In the event of any third-party claim that the App infringes intellectual property rights, Flooben Ltd, not Apple, will be responsible for the investigation, defence, settlement, and discharge of such claim.
17.7 Legal Compliance
You represent that:
- You are not located in a country that is subject to a UK Government embargo or that has been designated by the UK Government as a "terrorist supporting" country
- You are not listed on any UK Government list of prohibited or restricted parties
17.8 Third-Party Beneficiary
Apple and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, Apple will have the right to enforce these Terms against you as a third-party beneficiary.
18. General Provisions
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Flooben Ltd regarding the App and supersede all prior agreements and understandings. If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Our failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction, provided we give you reasonable notice.
We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, facilities, fuel, energy, labour, or materials.
19. Changes to These Terms
We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms in the App, updating the "Last Updated" date, and sending a notification through the App or via email (where we have your email address).
Your continued use of the App after changes become effective constitutes acceptance of the revised Terms. If you do not agree to the modified Terms, you must stop using the App. If you have a paid subscription and we make material changes that adversely affect your rights, you may cancel your subscription and receive a pro-rata refund for the unused portion.
20. Contact Information
If you have any questions about these Terms, please contact us at:
Company Name: Flooben Ltd
Company Number: 16033044
Registered Office: 20 Wenlock Road, London, England, N1 7GU
Contact Email: hello@flooben.com
21. Acknowledgment
BY DOWNLOADING, INSTALLING, OR USING THE APP, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE APP.
**THESE TERMS DO NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.**
Flooben Ltd is registered in England and Wales with company number 16033044. Registered office: 20 Wenlock Road, London, England, N1 7GU.
