Terms of Service

Last updated: June 24, 2026

1. Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of the orbitsurgical.com website, the ORbit Surgical platform, and the ORbit mobile application (together, the "Service"), operated by ORbit Surgical ("ORbit," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

2. The Service

ORbit provides real-time operating room analytics and surgical case management software for hospitals and ambulatory surgery centers. We may add, change, or remove features over time. Access to certain features may depend on your subscription plan and the configuration set by your facility.

3. Accounts and Eligibility

Access to the platform is provided to authorized personnel of facilities that have a subscription with ORbit. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

You must provide accurate information, promptly notify us of any unauthorized use, and be authorized by your facility to use the Service. Accounts may not be shared.

4. Acceptable Use

You agree not to:

Misuse the Service: attempt to gain unauthorized access, interfere with or disrupt the Service, or probe, scan, or test the vulnerability of any system.

Violate law or rights: use the Service in violation of applicable law, regulation, or the rights of others, including patient-privacy obligations.

Reverse engineer: copy, modify, distribute, sell, or create derivative works from the Service except as expressly permitted.

5. Customer Data and Privacy

Your use of the Service is also governed by our Privacy Policy. The Service is designed to operate on operational data (such as case numbers, milestone timestamps, and room and staff assignments) and is not intended to store Protected Health Information (PHI) such as patient names or medical record numbers.

As between you and ORbit, you retain ownership of the data your facility submits. You grant us the rights necessary to host, process, and display that data to provide the Service.

6. Intellectual Property

The Service, including its software, design, and content, is owned by ORbit and protected by intellectual-property laws. These Terms grant you a limited, non-exclusive, non-transferable right to use the Service for your facility's internal operations for the duration of your subscription.

7. Fees and Subscriptions

Access to paid features requires an active subscription. Fees, billing frequency, and plan terms are set out in the order or agreement between ORbit and your facility. Unless stated otherwise, fees are non-refundable.

8. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied. ORbit is a decision-support and analytics tool and does not provide medical advice or direct patient care. Clinical and operational decisions remain the responsibility of qualified personnel.

9. Limitation of Liability

To the maximum extent permitted by law, ORbit will not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of data, revenue, or profits, arising out of or related to your use of the Service.

10. Termination

We may suspend or terminate access to the Service if these Terms are violated or as set out in your facility's agreement. Upon termination, your right to use the Service ceases. Provisions that by their nature should survive termination will survive.

11. Changes to These Terms

We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

12. Governing Law

These Terms are governed by the laws of the jurisdiction in which ORbit is established, without regard to its conflict-of-laws principles.

13. Contact

Questions about these Terms? Contact us at support@orbitsurgical.com.