Terms of Service

These Terms form a binding agreement between NexByte Innovations, registered in Dubai, United Arab Emirates (“Orbitra”, “we”), and the person or entity that creates an Orbitra account (“you”, “Merchant”). By creating an account or using Orbitra you accept these Terms and the Privacy Policy, which is incorporated by reference.

If you accept on behalf of a company you confirm you are authorised to bind it, and “you” means that company. Where you are subject to the EU or UK GDPR for personal data you instruct us to process, Schedule 1 applies.

Orbitra maintains one central catalog, publishes and maintains listings on the marketplaces you connect, keeps prices and stock aligned across them, and — as those capabilities ship — retrieves and helps you fulfil the resulting orders.

Not every integration is complete. Our Roadmap page states the real status of every source platform and marketplace, and we do not describe an integration as live until it is. Rely on the Roadmap, not marketing copy, when deciding whether Orbitra supports a channel you need today.

We may add, change or remove features. Where a change materially reduces functionality you are paying for we give at least 30 days’ notice and you may cancel for a pro-rata refund of the unused period. Beta and preview features are provided as-is and carry no service level commitment.

You must be at least 18 and able to enter a contract, and must keep your registration details accurate.

You are responsible for everything done under your account, for keeping credentials secure, and for removing users who leave. Enable multi-factor authentication where offered, and tell admin@orbitracommerce.com immediately if you suspect unauthorised access.

One account per business. Do not resell, sublicense or share access without our written agreement.

Orbitra can only access a connected account after you complete that platform’s own authorisation flow. You grant that access and can revoke it at any time. We will never ask you for a marketplace password.

You remain the seller of record on every marketplace. Orbitra is a technical tool acting on your instructions; we take no ownership of your products, payments or customer relationships.

You are responsible for complying with each marketplace’s and source platform’s own terms and policies — listing accuracy, prohibited products, intellectual property, tax, pricing rules and their data protection requirements. For Amazon this includes its Acceptable Use Policy and Data Protection Policy. You confirm you have the right to list every product you publish through Orbitra.

Marketplaces change their APIs and policies on their own schedule and can reject a listing, throttle a connection or suspend an account without reference to us. We will keep our integrations current as far as reasonably possible, but we are not responsible for a marketplace’s decisions about your account or listings.

We may suspend access immediately where we reasonably believe conduct breaches this section and risks the platform, other merchants, buyers or our standing with a marketplace. We will tell you why and restore access once resolved.

Your catalog, listing, order and buyer data and your account information (“Merchant Data”) are yours. We claim no ownership.

You grant us a limited licence to host, copy, transmit, display and process Merchant Data solely to provide, secure and support the service and to comply with law. It ends when the data is deleted.

We will not use Merchant Data to train models serving other customers, to benchmark merchants against each other, or for our own research, and we will not sell it.

You can export Merchant Data at any time while your account is open. On termination we delete it as set out in the Privacy Policy, except records we must legally retain. You are responsible for having a lawful basis to send us any personal data, and for the accuracy of what you publish.

We may use aggregated, de-identified statistics that cannot identify you, your buyers or your business to operate and describe the service.

Plans, included order volumes, SKU caps and per-order overage rates are on the Pricing page and form part of these Terms. Paid plans bill in advance and recur until cancelled; overage bills in arrears at your plan’s rate.

Exceeding your included order volume does not pause the service — the overage rate applies. Exceeding your SKU cap leaves existing listings live but requires a higher plan before adding products.

Prices exclude VAT and other applicable taxes, which are added where required. You are responsible for your own tax obligations.

Fees are non-refundable except: a full refund within 14 days of a first paid subscription, on request. The Free plan does not expire and needs no card, and is the intended way to evaluate Orbitra before paying.

If a payment fails we retry and notify you; unpaid after 14 days we may suspend, with data retained 30 days from suspension. You can cancel at any time in billing settings, effective at the end of the current period, with no notice period. We may change prices on 30 days’ notice, effective at your next renewal.

We aim to keep Orbitra continuously available. Planned maintenance is announced in advance where practical.

Support channels and response targets are as described on your plan. The Scale plan carries a 99.9% monthly availability commitment, excluding planned maintenance, marketplace or platform outages, and events outside our control.

Orbitra depends on services we do not control — marketplaces, source platforms, carriers, cloud infrastructure and payment processors — and we are not liable for loss caused by their outage, policy change, API change, rate limiting or account action, beyond taking reasonable steps to maintain our integrations and telling you when something breaks.

The service, its software, interface, documentation and branding belong to us and our licensors. We grant you a non-exclusive, non-transferable, revocable right to use it during your subscription, for your own business.

Marketplace names and logos belong to their owners. Orbitra is an independent provider and is not endorsed by, affiliated with, or an agent of Amazon, eBay, Shopify or any other platform. We describe our integrations factually and imply no partnership we do not have.

If you send us feedback we may use it to improve the service without obligation, and will not identify you as its source without permission.

Each party will protect the other’s non-public information with at least reasonable care and use it only to perform this agreement. This does not apply to information that is public through no fault of the recipient, independently developed, or lawfully received elsewhere.

We warrant that we will provide the service with reasonable skill and care and in line with the measures on our Trust & Security page. Beyond that, and so far as the law permits, the service is provided “as is”: we do not warrant it will be uninterrupted or error-free, that every listing will be accepted by every marketplace, or that AI suggestions will be accurate or profitable.

AI output is advisory. You are responsible for reviewing any suggestion — pricing, forecasting or generated listing content — before acting on it. Nothing Orbitra produces is professional, legal, tax or financial advice.

Neither party is liable for indirect, incidental, special, consequential or punitive loss, or for loss of profit, revenue, goodwill, data or anticipated savings. Our total aggregate liability is limited to the greater of the fees you paid us in the 12 months before the claim arose, or USD 100.

The limits in 10.4 do not apply to fraud, wilful misconduct, death or personal injury caused by negligence, your obligation to pay fees due, or breach of confidentiality. Nothing in these Terms excludes liability that cannot lawfully be excluded or affects a consumer’s statutory rights.

You will indemnify us against claims arising from your listings or product content, your breach of a marketplace’s policies or these Terms, your infringement of third-party rights, or your unlawful use of buyer personal information. We will indemnify you against third-party claims that the service itself infringes intellectual property rights, provided you tell us promptly and let us control the defence.

You may terminate at any time by cancelling or closing your account. We may suspend or terminate for material breach, non-payment after notice, conduct that threatens the platform or other merchants, or where required by law or a marketplace — with notice and a chance to fix the problem, except where immediate action is necessary.

On termination your right to use the service ends, connected account authorisations are revoked, and your data is deleted as set out in the Privacy Policy. Export what you need first; we allow at least 30 days unless termination was for serious breach.

Accrued fees, confidentiality, intellectual property, disclaimers, liability limits, indemnities and governing law survive termination.

These Terms are governed by the federal laws of the United Arab Emirates and the applicable laws of the Emirate of Dubai, and the courts of Dubai have exclusive jurisdiction. Before starting proceedings both parties will try in good faith to resolve the dispute: raise it in writing to admin@orbitracommerce.com and allow 30 days. Nothing prevents either party seeking urgent injunctive relief, or a consumer bringing proceedings where local law gives them that right.

We may update these Terms, and for material changes will email you and post notice in the product at least 30 days beforehand. Continuing to use the service after that date accepts them; if you do not, cancel before then and we refund any unused prepaid period.

These Terms, the Privacy Policy, Schedule 1 where applicable, and the Pricing page are the entire agreement between us. You may not assign without our consent; we may assign to an affiliate or in a merger or sale of assets, on notice. If a provision is unenforceable the rest stands. Failure to enforce a right is not a waiver. Neither party is liable for failure caused by events beyond its reasonable control, excluding payment obligations. We are independent contractors — nothing here creates a partnership, agency or employment. Notices to you go to your account email; to us, admin@orbitracommerce.com. The English version governs.

For catalog, order and buyer personal data you instruct us to process, you are the controller and Orbitra the processor. For your own account, billing and support data, Orbitra is the controller under its Privacy Policy.

Subject matter and purpose: provision of the Orbitra platform — importing catalog data, publishing and maintaining listings, synchronising price and inventory, retrieving orders, and producing shipping labels and documentation. Duration: the term of these Terms plus the retention periods in the Privacy Policy. Data subjects: your buyers, and your own authorised users. Personal data: buyer name, delivery address, phone, marketplace-issued masked email, order identifiers and contents; user name, email, role and access logs. No special category data.

We process only on your documented instructions, which include your use and configuration of the service, and will tell you without undue delay if we believe an instruction breaches applicable law. We will not process for our own purposes, sell the data, or use it for marketing, profiling, benchmarking or training models serving other customers.

Personnel with access are individually identified, bound by confidentiality, and granted access only on a need-to-know basis. We maintain the technical and organisational measures published on our Trust & Security page and will not materially reduce them during the term.

You authorise the sub-processors listed in the Privacy Policy. We impose obligations on each that are no less protective than these, remain responsible for their performance, and give at least 30 days’ notice before adding or replacing one. If you raise a reasonable data-protection objection within that period and we cannot resolve it, you may terminate the affected part of the service without penalty and receive a pro-rata refund of prepaid unused fees.

We notify you of a personal data breach affecting your data without undue delay and within 48 hours of becoming aware, describing its nature, the categories and approximate numbers affected, likely consequences, measures taken and a contact point, so far as known. Where marketplace rules impose a shorter deadline — Amazon Information is notifiable to Amazon within 24 hours — we meet the shorter one. We will cooperate with your own investigation and notification obligations.

We assist you, at your cost where the effort is substantial, with data subject requests, data protection impact assessments and dealings with supervisory authorities, and on reasonable notice will provide the information needed to verify compliance, including our most recent independent security assessment where one exists. Where a documentary review cannot satisfy a regulator we will cooperate with an on-site audit at your cost, subject to confidentiality and scheduled to avoid disruption.

International transfers of data protected by the EU or UK GDPR are governed by the European Commission’s Standard Contractual Clauses (Decision 2021/914, Module Two, controller to processor) and the UK International Data Transfer Addendum, incorporated by reference, with you as exporter and Orbitra as importer; the processing details above complete Annex I, the Trust & Security page completes Annex II, and the docking option is selected. For those clauses only, the governing law and forum are those of Ireland.

On termination we delete personal data as set out in the Privacy Policy, except records law requires us to retain, which remain protected by this schedule while we hold them. We will certify deletion in writing on request.