Terms of Service

1. Definitions

Account

Your unique MyOrbit account for accessing Services

AI Outputs/Generations

Content generated by AI models from your Inputs

Avatar

AI-generated persona or digital twin managed via our Services

Beta/Experimental Features

Pre-release features marked [BETA] or [EXPERIMENTAL]

Content/UGC

User-Generated Content - all data, text, images, videos, or materials you submit

Digital Twin

Your personalized AI representation via FameWave OS

DMCA

Digital Millennium Copyright Act

EchoBurst OS

Our enterprise data and twin management platform

FameWave OS

Our personal digital twin and avatar environment

Input

Data you provide to generate AI Outputs

Matrix Dashboard

Your control center for managing creations

Nuggets

Our in-app currency for transactions

Orbits

Community spaces for creators and fans

Services

All MyOrbit websites, apps, and features

Superior E2EE

End-to-end encryption mode with zero MyOrbit access

AI Encryption

Default mode balancing privacy and AI features

2. Age and Eligibility

2.1 Minimum Age Requirements

• General: You must be at least 13 years old (16 in EU)
• Erotica Content: 18+ only with verification
• Business Features: 18+ or with parental/guardian approval
• Creator Monetization: 13+ with parental consent if under 18

2.2 Age Verification

We use graduated verification:

• Basic: Phone number (all users)
• Intermediate: Photo age estimation (sensitive features)
• Advanced: Government ID (Erotica, high-risk features)

2.3 Minor Protections

Users under 18 have:

• Private profiles by default
• No erotica avatar access
• Limited messaging from adults
• Enhanced content filtering
• Parental control options available

We encourage parents to be involved in their minor's online activities. Parental controls and monitoring tools are available in Settings > Family Safety.

3. Account Security & Encryption Modes

3.1 Account Responsibilities

You must:

• Provide accurate registration information
• Maintain account security
• Not share login credentials
• Notify us immediately of unauthorized access
• Be responsible for all account activity

3.2 Encryption Mode Choice

3.3 Mode Implications

By choosing Superior E2EE:

• You acknowledge MyOrbit has no technical ability to access messages
• You accept full responsibility for compliance with laws
• You understand we cannot fulfill content takedown requests
• You agree we maintain Section 230 immunity for inaccessible content

4. Privacy and Data

4.1 Privacy Policy

Your use is subject to our Privacy Policy, which explains:

• What data we collect
• How we use and protect it
• Your rights and choices
• Data retention periods

4.2 AI Training Data

• We do NOT train on your personal data without explicit consent
• You can opt-out of any training use
• De-identified data may be used for improvements
• API partners are contractually prohibited from training on your data

4.3 Cookie Usage

See our Cookie Notice for:

• Types of cookies used
• Your control options
• Impact on features and pricing
• Platform-specific practices

5. Content, Intellectual Property & DMCA

5.1 Your Content Ownership (User-Generated Content)

You own what you create. By posting User-Generated Content ("UGC"), you grant MyOrbit a worldwide, non-exclusive, royalty-free, sublicensable license to:

• Display content to intended audiences
• Process for safety (AI Encryption mode only)
• Modify for technical purposes (resizing, compression)
• Generate previews/thumbnails
• Enable platform features
• Promote the Services (with attribution)

This license is:

• Perpetual for necessary operations (backups, legal compliance)
• Revocable for active use (ends when you delete content)
• Transferable (in case of merger/acquisition)
• But your ownership remains yours

5.2 Prohibited Content Standards

You are solely responsible for UGC. You may NOT post content that:

• Infringes intellectual property (copyright, trademark, patents)
• Violates laws or promotes illegal activities
• Contains CSAM or sexualizes minors
• Promotes terrorism or violence
• Includes non-consensual intimate content
• Contains deepfakes without consent and clear labeling
• Constitutes severe harassment or doxxing
• Is defamatory or fraudulent
• Spreads malware or phishing attempts
• Impersonates others maliciously
• Encourages self-harm (except support discussions)
• Violates our Safety Guidelines

5.3 DMCA Compliance

We comply with the Digital Millennium Copyright Act:

• Report infringement: legal@myorbit.ai
• Counter-notifications accepted per DMCA procedures
• Repeat infringers terminated at our discretion
• Good faith removals protected under safe harbor

To report infringement, provide:

1. Identification of copyrighted work
2. URL/location of infringing material
3. Your contact information
4. Good faith statement
5. Accuracy statement under penalty of perjury
6. Physical or electronic signature

5.4 AI-Generated Content & Avatars

• AI avatars/twins you create belong to you
• You own Generations you elicit from avatars
• You're responsible for all AI content you generate
• Must label AI content appropriately
• Cannot misrepresent AI as human-generated
• If you upload voice/images, you own and are responsible for all generated content

5.5 Celebrity Protection & Impersonation ("Look Ma I'm Famous")

Identity Verification & Boxing System:

• We may require identity verification for trust and safety
• Verified accounts receive badges

Avatar and Likeness Creation:

• Your likeness: You can create your personal twin/avatar
• Others' likeness: Requires permission or clear parody label
• We "box" unauthorized celebrity avatars

Protection Measures:

• 30-day grace period for unauthorized avatars
• Verification tiers: Gold (direct), Silver (agency), Bronze (legal rep)
• Options: Remove, partner, or revenue share
• Parody/fan accounts must be clearly labeled
• Username policy: No impersonation or rights violations
• Private avatars of deceased relatives remain boxed

Violations result in removal and possible ban. We may reclaim usernames for trademark owners.

5.6 Third-Party Content

• We're not liable for user-generated content
• We don't pre-screen all submissions
• AI outputs may be unpredictable or offensive
• You assume all risks of third-party content
• Report violations using in-app tools

6. AI Services: Understanding What You're Using

6.1 AI Companions: What They Are and Aren't

MyOrbit's AI avatars are entertainment products designed to be engaging conversational partners.

If you need professional help:

• Crisis support: 988 (US) or local emergency services
• Mental health: Consult a licensed professional
• Medical emergency: Call 911
• Legal/Financial advice: Consult qualified professionals

6.2 Important Considerations for AI Use

Some users may develop emotional attachments to AI companions. This is a known phenomenon with AI interactions. We encourage you to:

• Maintain awareness that AI responses are generated, not genuine
• Balance AI interactions with real-world relationships
• Seek support if you notice unhealthy dependency forming
• Take breaks if AI use impacts your wellbeing

Users with mental health conditions should consider consulting their healthcare provider about AI companion use, as these interactions may affect different people in different ways.

6.3 How Our AI Works

Our AI avatars are trained for entertainment and engagement, which means they:

• Aim to be agreeable and supportive
• Maintain conversational flow
• May seem friendly or flirtatious
• Won't provide the pushback real friends might

Technical limitations: AI can produce "hallucinations" (false information) and may misunderstand context. Always verify important information independently.

6.4 AI Disclaimers

We display clear notices when you interact with AI, such as: "You are interacting with an AI - responses are generated and may not be accurate."

AI features are provided "AS IS" for entertainment purposes. Maximum liability for AI-related issues is limited as specified in Section 17.

7. Marketplace & Commerce

7.1 Marketplace Basics

• We're an intermediary, not a party to transactions
• Contracts are between buyers and sellers
• We may facilitate payments and disputes
• Platform fees apply (see current rates at myorbit.ai/plans)

7.2 Seller Obligations

Sellers must:

• Verify identity (INFORM Act compliance)
• Ensure legitimate products/services
• Accurately describe listings
• Comply with all applicable laws
• Not circumvent platform for off-site deals
• Pay applicable fees and taxes

7.3 Prohibited Commerce

No selling:

• Illegal items or services
• Counterfeit goods
• Regulated items without licenses
• Erotica content to minors
• Personal data
• Malware or hacking tools

7.4 Dispute Resolution

1. Try direct communication
2. Escalate to MyOrbit dispute center
3. We review and may issue resolution
4. Decision final on-platform
5. Legal remedies remain available

8. Creator Economy

8.1 Monetization Options

Current offerings (rates subject to change with 30-day notice):

• Direct avatar interactions (creator sets price)
• Orbit subscriptions (monthly/annual)
• AdWorks advertising revenue
• Nuggets tips and gifts
• Sponsored content
• Affiliate partnerships

8.2 Revenue Sharing

Current splits (check myorbit.ai/creator-terms for updates):

• Platform fee: 15-30% depending on feature
• Creator share: 70-85%
• Payment processing: Additional 2.9% + $0.30
• Taxes: Creator's responsibility

8.3 Superfan System

• Top supporters get special recognition
• Creators can offer exclusive perks
• Automatic tracking of engagement
• Badge display for superfans
• Revenue bonuses for engagement

9. Communications & Safety

9.1 Communication Features

• AI Encryption: Secure with safety features
• Superior E2EE: Complete privacy, no moderation
• Group chats: Admin controls available
• Voice/video: Optional, not emergency services

9.2 Safety Tools

• Block/mute users
• Report violations
• Crisis detection (AI mode only)
• Parental controls for minors
• Automated spam prevention

9.3 Prohibited Communications

Even in private chats, no:

• Harassment or threats
• CSAM or grooming
• Spam or phishing
• Malware distribution
• Criminal planning
• Doxxing or revenge porn

10. Fees, Payments & Subscription Plans

10.1 Current Subscription Plans (Subject to Change)

10.2 Billing Practices

• Subscriptions auto-renew unless cancelled
• 30-day notice for price changes
• Existing plans honored until renewal
• Refunds per App Store/legal requirements only
• Nuggets purchases are final
• Unused nuggets expire per plan terms

10.3 Beta & Experimental Features

Features marked [BETA] or [EXPERIMENTAL]:

• May have separate pricing
• Still in development
• Subject to change or removal
• Limited support provided
• Fees support development costs
• Provided "as is" without warranty

Why we charge for beta features: We're a small team building innovative technology. Your payments directly fund safety improvements, infrastructure, and continued development. Beta users often receive early adopter benefits.

10.4 Price Change Transparency

We may adjust prices based on:

• AI API cost changes from providers
• Infrastructure scaling needs
• New feature development
• Market conditions
• Regulatory requirements

11. Platform Rules, Moderation & Enforcement

11.1 Community Guidelines

See our complete Safety Guidelines for detailed rules.

11.2 Moderation Actions

We maintain a safe environment through:

• Investigation of violations
• Content removal when necessary
• Warnings for minor infractions
• Feature limitations for violations
• Account suspension (24 hours to 30 days)
• Permanent bans for serious violations
• Law enforcement reporting when required

11.3 Notification & Appeals

• We notify users of significant actions (unless safety/legal issues prevent it)
• Submit appeals within 30 days
• Different reviewer examines appeals
• Decisions within 7 business days

11.4 Automated Moderation

• AI filters assist with initial detection
• Human review for significant actions
• Good-faith moderation errors not liable
• Appeal process available

11.5 E2EE Mode Limitations

In Superior E2EE mode:

• We cannot access or moderate content
• Reports require user-provided evidence
• Account-level actions only
• Section 230 protections apply

12. Export Control & Sanctions Compliance

12.1 Export Restrictions

You represent that you:

• Are not in a U.S. embargoed country
• Are not on restricted party lists
• Won't use Services for prohibited end uses
• Will comply with export/import laws

12.2 Prohibited Countries

Services unavailable in:

• Cuba, Iran, North Korea, Syria, Russia
• Crimea, Donetsk, Luhansk regions
• Other U.S. sanctioned territories

13. Beta Terms

Features marked [BETA] or [EXPERIMENTAL]:

• Pre-release and may change
• Provided "as is" with limited support
• May contain bugs
• Still subject to fees unless specified
• Used at your own risk

14. Disclaimers and Warranties

14.2 No Guarantees

We do not guarantee:

• AI accuracy or usefulness
• Content quality or safety
• Continuous availability
• Third-party behavior
• Commercial success

15. Limitation of Liability

15.3 Your Remedy

IF DISSATISFIED, YOUR SOLE REMEDY IS TO STOP USING THE SERVICES.

16. Indemnification

You agree to indemnify and hold harmless MyOrbit from claims arising from:

• Your use of the Services
• Your Content (UGC, Avatars, Generations)
• Violation of these Terms or laws
• Violation of third-party rights
• Misrepresentations by you
• Harm from your reliance on AI content

We may assume defense of claims at your expense. You must cooperate with our defense.

17. Dispute Resolution

17.1 Informal Resolution

Contact legal@myorbit.ai to attempt resolution for 60 days.

17.4 Opt-Out

Email "Arbitration Opt-Out" within 30 days to legal@myorbit.ai

17.5 Time Limit

Claims must be brought within ONE YEAR.

18. General Terms

18.1 Governing Law

California law governs (except where local law mandates).

18.2 Severability

Invalid provisions don't void entire agreement.

18.3 Assignment

You cannot assign; we may freely.

18.4 Entire Agreement

These Terms, Privacy Policy, Cookie Notice, and Safety Guidelines constitute complete agreement.

19. Changes to Terms

19.1 Updates

• 30-day notice for material changes
• Notice via email and in-app
• Continued use = acceptance
• Archives available on request via legal@myorbit.ai

19.2 Version

• Version: 3.0.0
• Current: September 5, 2025
• Next review: December 5, 2025

20. Platform-Specific Terms

20.1 iOS App Store

• Apple not responsible for Services
• Refunds through Apple policies

20.2 Google Play Store

• Google Play terms apply where conflicting
• Permissions per Play policies

20.3 Web Platform

• Cookie consent required
• Modern browser recommended

21. Contact Information