Terms of Service

Orbex Data offers a cloud-based logistics management system that enables organizations to manage shipments, documents, carrier communications, warehouse events, exceptions, analytics, and collaborative workflows (collectively, the "Services"). Features may include shipment tracking dashboards, automated status updates, document generation, role-based workspaces, API access, and integrations with carriers, TMS, WMS, and accounting systems.

We may modify, enhance, or discontinue features from time to time. Material reductions in core functionality for paid subscriptions will be communicated with reasonable advance notice where commercially practicable. Beta, preview, or experimental features may be offered on an as-is basis and may be changed or withdrawn without notice.

• Production Services are hosted at app.orbexdata.com unless otherwise specified in an order form.
• API access, rate limits, and integration availability may vary by subscription tier.
• Professional services such as implementation, data migration, and custom training may be purchased separately.
• Third-party logistics data, carrier updates, and external system responses are not guaranteed to be complete, timely, or error-free.

Customer is responsible for its own compliance with trade, customs, export control, and transportation regulations when using the Services to manage international freight and related documentation.

To use the Services, Customer must register for an account and provide accurate, current, and complete information. Customer is responsible for all activity occurring under its account, including actions taken by administrators, users, contractors, and API credentials issued to Customer.

Account administration

• Customer must designate at least one account administrator with authority to manage users, billing, and security settings.
• Customer must maintain the confidentiality of passwords, API keys, and authentication tokens and promptly revoke access for terminated personnel.
• Customer must notify Orbex Data immediately at hello@orbexdata.com if it suspects unauthorized access to its account.
• Orbex Data may suspend access to protect the Services, other customers, or if required by law.

We may require multi-factor authentication or SSO for certain subscription tiers or security-sensitive features. Customer agrees to cooperate with identity verification requests related to account recovery or security investigations.

Accounts registered to individuals acting on behalf of a company may be transferred to that company upon reasonable verification. Orbex Data may refuse registration or cancel accounts that provide false information or violate these Terms.

"Customer Data" means information, files, shipment records, contacts, and other content submitted to the Services by or on behalf of Customer, including data imported through integrations or APIs. Customer retains all rights, title, and interest in Customer Data.

Customer grants Orbex Data a non-exclusive, worldwide, limited license to host, copy, transmit, display, and process Customer Data solely to provide and improve the Services, prevent or address technical or security issues, and as otherwise permitted by these Terms and the Data Processing Addendum.

• Customer represents that it has obtained all necessary rights, consents, and legal bases to provide Customer Data to Orbex Data.
• Customer must not upload malware, unlawful content, or data that infringes third-party intellectual property or privacy rights.
• Customer is responsible for the accuracy of shipment, customs, and commercial information entered into the platform.
• Upon termination, Orbex Data will delete or return Customer Data in accordance with the Data Processing Addendum and applicable order form, subject to backup retention and legal hold requirements.

Orbex Data may generate aggregated or de-identified analytics derived from Customer Data and Service usage to improve platform performance, provided such analytics do not identify Customer or any individual. Ownership of such aggregated data remains with Orbex Data.

Customer must use the Services only for lawful business purposes and in compliance with these Terms, applicable laws, and industry regulations governing logistics and international trade.

Prohibited conduct

• Attempting to gain unauthorized access to the Services, other accounts, or Orbex Data systems or networks.
• Reverse engineering, decompiling, or attempting to extract source code except where permitted by mandatory law.
• Interfering with or disrupting the integrity or performance of the Services, including through excessive API calls or automated scraping not authorized in writing.
• Uploading content that is fraudulent, defamatory, obscene, or that violates export control or sanctions laws.
• Using the Services to send unsolicited communications in violation of anti-spam laws.
• Misrepresenting identity, shipment status, customs declarations, or regulatory filings.
• Reselling, sublicensing, or providing the Services to third parties except as expressly permitted in an order form or partner agreement.

Orbex Data may investigate suspected violations and cooperate with law enforcement. We may remove or disable access to Customer Data that we reasonably believe violates these Terms or poses a security or legal risk, with notice to Customer where practicable.

Customer is responsible for configuring appropriate internal permissions so that users access only the shipment and business information required for their roles.

Access to certain features requires payment of subscription fees, usage-based charges, or professional services fees as set forth in an order form, checkout page, or pricing schedule on orbexdata.com. Unless otherwise stated, fees are quoted in U.S. dollars and exclusive of taxes.

• Subscription fees are billed in advance on the billing cycle specified at purchase (monthly or annual).
• Usage-based fees—for example, additional tracked shipments, API volume, or storage—are billed in arrears according to the applicable plan limits.
• Customer authorizes Orbex Data and its payment processors to charge the payment method on file for all fees due.
• Late payments may incur interest at the lesser of 1.5% per month or the maximum rate permitted by law, and may result in suspension of the Services after written notice.

Fees are non-refundable except where required by law or expressly stated in an order form. If Customer disputes a charge, it must notify hello@orbexdata.com within thirty (30) days of the invoice date with sufficient detail to investigate the dispute.

Orbex Data may change pricing for renewal terms upon at least thirty (30) days' notice. Price changes will not apply to the then-current prepaid term. Customer may cancel before renewal if it does not accept updated pricing.

Orbex Data and its licensors own all rights, title, and interest in the Services, including software, documentation, user interfaces, workflows, templates, trademarks, logos, and all related intellectual property. Except for the limited rights expressly granted in these Terms, no rights are transferred to Customer.

Subject to payment of applicable fees and compliance with these Terms, Orbex Data grants Customer a non-exclusive, non-transferable, non-sublicensable license during the subscription term to access and use the Services for Customer's internal business operations.

• Customer may not remove proprietary notices from the Services or documentation.
• Feedback, suggestions, or improvement ideas submitted to Orbex Data may be used without restriction or compensation.
• Open source components included in the Services are licensed under their respective open source terms, which prevail in case of conflict with this section for those components.
• Customer may reference Orbex Data as a vendor in customer lists or case studies only with prior written approval, except for factual statements about use of the Services.

If Customer believes content on the Services infringes its intellectual property rights, it may submit a notice to hello@orbexdata.com with sufficient detail for us to evaluate the claim.

"Confidential Information" means non-public information disclosed by one party to the other that is marked confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. Customer Data is Customer's Confidential Information. The Services, pricing, security documentation, and product roadmaps are Orbex Data's Confidential Information.

Each party will use the other's Confidential Information only to perform under these Terms and will protect it with at least the same degree of care it uses for its own confidential information, but no less than reasonable care.

• Confidential Information may be disclosed to employees, contractors, and advisors with a need to know, subject to confidentiality obligations.
• Disclosure is permitted when required by law, regulation, or court order, provided the receiving party gives reasonable notice where legally allowed.
• Confidentiality obligations do not apply to information that is publicly available without breach, independently developed, or rightfully received from a third party without restriction.

Upon termination, each party will return or destroy the other's Confidential Information upon request, except for copies retained in routine backups or as required by law.

Orbex Data warrants that, during the subscription term, the Services will materially conform to the documentation made generally available for the purchased subscription tier. Customer's exclusive remedy for breach of this warranty is for Orbex Data to use commercially reasonable efforts to correct the non-conformance or, if correction is not commercially practicable, to terminate the affected Services and refund prepaid fees for the unused portion of the term.

Except as expressly stated in these Terms or an order form, the Services are provided "as is" and "as available." Orbex Data disclaims all other warranties, whether express, implied, statutory, or otherwise, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

• We do not warrant uninterrupted or error-free operation, or that the Services will meet all of Customer's requirements.
• We do not warrant the accuracy or completeness of carrier, customs, or third-party data feeds.
• Customer is solely responsible for decisions made based on reports, alerts, or analytics generated by the Services.
• Any professional services are performed with reasonable skill and care but outcomes depend on Customer cooperation and data quality.

Customer warrants that it has authority to enter these Terms, that Customer Data does not violate applicable law or third-party rights, and that its use of the Services will comply with trade, privacy, and transportation regulations.

To the maximum extent permitted by applicable law, neither party will be liable for any indirect, incidental, special, consequential, cover, or punitive damages, or for loss of profits, revenue, goodwill, data, or business interruption, even if advised of the possibility of such damages.

Except for excluded matters described below, each party's total aggregate liability arising out of or related to these Terms will not exceed the fees paid or payable by Customer to Orbex Data for the Services giving rise to the claim during the twelve (12) months preceding the event giving rise to liability.

Exceptions

• Customer's payment obligations and breaches of the Acceptable Use or Customer Data sections.
• Either party's breach of confidentiality obligations or infringement of the other party's intellectual property rights.
• Customer's indemnification obligations for third-party claims arising from Customer Data or unlawful use of the Services.
• Liability that cannot be limited under applicable law.

The limitations in this section apply regardless of the theory of liability and even if any limited remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so these limits may not apply to Customer to the extent prohibited by law.

These Terms remain in effect for the subscription term specified at purchase and renew automatically for successive terms unless either party gives notice of non-renewal in accordance with the order form or billing settings before the end of the current term.

Either party may terminate for material breach if the breaching party fails to cure within thirty (30) days after written notice, except where cure is not possible. Orbex Data may suspend or terminate immediately if Customer violates Acceptable Use provisions, fails to pay fees, or if continued provision poses a security or legal risk.

• Upon termination, Customer's right to access the Services ceases immediately, except for any wind-down period stated in an enterprise agreement.
• Orbex Data will make Customer Data available for export for thirty (30) days after termination, unless legally prohibited or otherwise specified in the Data Processing Addendum.
• Sections that by their nature should survive termination—including Fees owed, Confidentiality, Intellectual Property, Warranties disclaimers, Liability, and Governing Law—will survive.
• Orbex Data may delete Customer Data after the export window in accordance with retention policies and contractual obligations.

Customer remains responsible for all fees incurred before termination. Termination does not relieve Customer of payment obligations for the current billing period unless termination results solely from Orbex Data's uncured material breach.

These Terms are governed by the laws of the State of California, excluding its conflict of laws principles and the United Nations Convention on Contracts for the International Sale of Goods.

Except for claims eligible for small claims court or requests for injunctive relief relating to intellectual property or unauthorized access, any dispute arising out of or relating to these Terms will be resolved by binding arbitration administered by JAMS under its Comprehensive Arbitration Rules. The arbitration will take place in San Francisco, California, in English, before a single arbitrator.

Customer and Orbex Data waive any right to a jury trial or to participate in a class action. Either party may seek interim relief in a court of competent jurisdiction in San Francisco County, California, to protect confidential information or intellectual property pending arbitration.

Enterprise customers with a signed Master Subscription Agreement may have different governing law, venue, or dispute resolution terms as specified therein.

Questions about these Terms, billing, or account administration should be directed to the contacts below.

• General inquiries: hello@orbexdata.com
• Website: https://orbexdata.com
• Application: https://app.orbexdata.com
• Postal address: Orbex Data, F#08 st 10, RusseyKeo, Phnom Penh, Cambodia

Formal notices under these Terms must be sent in writing to the postal address above with a copy to hello@orbexdata.com. Notices to Customer may be sent to the email address associated with the account administrator.