These Terms of Service ("Terms") govern your access to and use of the Orbio ITSM platform, website, and related services (collectively, the "Service") provided by Orbio (Pty) Ltd (registration number 2026/515396/07) ("Orbio", "we", "us"). By using the Service, you agree to be bound by these Terms.

1. Acceptance

By creating an account or accessing the Service, you represent that you have read, understood, and agree to be bound by these Terms. If you are accepting on behalf of an organization, you represent that you have the authority to bind that organization.

2. Account Registration

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must provide accurate, current, and complete information during registration and promptly update it as needed.

3. Acceptable Use

You agree not to:

4. Data Ownership

You retain full ownership of all data, content, and materials you submit to the Service ("Your Data"). We claim no intellectual property rights over Your Data. You grant us a limited license to process Your Data solely as necessary to provide the Service.

5. Subscription and Payment

Plans are billed annually in South African Rand (ZAR). Payment is processed via PayFast. Prices may change with 30 days notice. Unused portions of annual plans are non-refundable. See our Refund Policy for full details. You may upgrade or downgrade your plan at any time; changes are prorated. Subscriptions do not renew automatically and we never store your card details: we send renewal reminders before your annual term ends, and your subscription renews only when you complete a renewal payment. If you do not renew by your period end date, your account is suspended and your data is retained; you may reactivate at any time by choosing a plan. You may access and retain a full record of your transaction at any time: invoices, receipts and payment history are available under Settings → Billing and signed agreements under Contracts, retained for at least 7 years after the transaction (ECT Act s43(1)(m)).

6. Intellectual Property

We own the platform, its features, and all related intellectual property. You own your data and content. We may use anonymized, aggregated data to improve the Service.

7. Service Level

We strive to maintain 99.9% uptime for the core platform. The Service is provided "as is" without warranties of any kind, either express or implied. We reserve the right to perform maintenance that may temporarily affect availability.

8. Limitation of Liability

To the maximum extent permitted by law, Orbio shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service. Our total liability shall not exceed the amount paid by you for the Service in the twelve months preceding the claim.

9. Termination

We may suspend or terminate your access to the Service for violation of these Terms or for extended inactivity. Upon termination, your data will be deleted within 30 days unless otherwise required by law. You may terminate your account at any time through the platform.

10. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated via email or platform notification. Continued use of the Service after changes constitutes acceptance of the revised Terms.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflict of law provisions.

12. Remote Agent End-User Consent

Where the Service includes remote agent capabilities, you must ensure that end users of monitored devices are notified that device usage may be monitored, and you are responsible for obtaining any consent and providing notice required by law (including POPIA and applicable labour legislation) before using the Service to monitor individuals. You must not use the Service to monitor individuals without a lawful basis. Orbio shall have no liability for your use of the Service in violation of this clause.

13. Cooling-Off Period

Where your transaction is an electronic transaction with a consumer under the Electronic Communications and Transactions Act 25 of 2002 ("ECT Act"), you may cancel without reason or penalty within 7 days of concluding the agreement (for services) or receiving goods — ECT Act section 44 — and we will refund any amount paid within 30 days of cancellation (section 44(3)), as a matter of policy within 15 business days. Where your transaction resulted from direct marketing, you may additionally rescind within 5 business days under section 16 of the Consumer Protection Act 68 of 2008. Orbio further offers a contractual cooling-off period of 7 calendar days from the original transaction date on every first subscription. See our Refund Policy.

14. Refund Policy

Refunds will be processed within 15 business days of cancellation approval. No refunds for partial usage periods. This exclusion does not apply to cancellations made within the 7-calendar-day cooling-off period described in Section 13, for which a full refund will be issued. See our Refund Policy for full details.

15. Complaint Resolution

Complaints may be directed to info@orbio.africa or the Information Regulator at enquiries@inforegulator.org.za.

16. Contact

For questions about these Terms, contact legal@orbio.africa.