Terms of Service

1. Agreement to Terms

By accessing or using the Orbyfy Earthflow platform ("Platform"), including any associated services, dashboards, analytics, reports, APIs, AI assistants, or communication channel integrations, you ("User," "you," or "your") agree to be bound by these Terms of Service ("Terms"). If you are using the Platform on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you must not access or use the Platform.

2. Beta Product Acknowledgment

ORBYFY EARTHFLOW IS A BETA PRODUCT. The Platform, including all features, AI capabilities, data integrations, analytics, reports, and outputs, is under active development. By using the Platform, you expressly acknowledge and agree that:

• The Platform is provided strictly on an "AS-IS" and "AS-AVAILABLE" basis without any warranties of any kind, whether express, implied, statutory, or otherwise.
• Features, capabilities, data sources, AI models, and integrations may be added, modified, degraded, suspended, or removed at any time without prior notice.
• Orbyfy makes no guarantees regarding uptime, availability, data retention, data integrity, performance, accuracy of outputs, completeness of analysis, or continuity of any specific feature, integration, or service.
• The Platform may contain errors, bugs, inaccuracies, security vulnerabilities, or incomplete functionality.
• You accept all inherent risks of using beta software for any purpose, including professional, business, regulatory, or investment decision-making.
• Orbyfy may impose or modify usage limits, rate limits, storage limits, or feature access at any time during the beta period.

3. Description of Services

3.1 Earthflow Dashboard

The Earthflow Dashboard is a web-based platform that provides environmental site intelligence, portfolio management, vegetation compliance monitoring, grid analysis, weather monitoring, and related analytics for solar energy development. The Dashboard aggregates and processes data from multiple external and proprietary sources to generate risk assessments, key performance indicators, visualizations, and reports.

3.2 Cirra AI

Cirra AI is an artificial intelligence assistant integrated into the Earthflow Platform. Cirra uses physics-informed neural networks, large language models, structured data pipelines, and automated reasoning to provide natural-language interaction, automated environmental analysis, report generation, risk scoring, and recommendations.

You expressly acknowledge and agree that:

• Cirra AI outputs are generated by artificial intelligence and machine learning models that can and do produce errors, inaccuracies, hallucinations, omissions, and misleading information.
• Cirra AI does not provide professional advice of any kind — including environmental, engineering, legal, financial, regulatory, or investment advice.
• You are solely and entirely responsible for independently verifying all AI-generated outputs before relying on them for any purpose whatsoever.
• No AI output from this Platform should be construed as a certified assessment, professional opinion, or regulatory determination.

3.3 Third-Party Channel Integrations

Cirra AI may be made available through third-party communication platforms including but not limited to Slack, Microsoft Teams, Email, Signal, and Telegram. You expressly acknowledge and agree that:

• Third-party channel integrations are advanced configurations provided only upon specific request and individual setup.
• These integrations are provided with NO WARRANTIES WHATSOEVER — including no warranty of availability, reliability, accuracy, security, data integrity, data privacy, or fitness for any particular purpose.
• Orbyfy is not responsible for the security, privacy practices, terms of service, data handling, or conduct of any third-party platform.
• Data transmitted through third-party channels is subject to those platforms' own terms of service and privacy policies, which are entirely outside Orbyfy's control.
• Orbyfy may modify, suspend, or discontinue any third-party channel integration at any time without notice.
• You are solely responsible for evaluating whether the security and privacy characteristics of any third-party channel meet your requirements.

4. User Accounts

• You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
• You must provide accurate and complete registration information and keep it current.
• You must notify Orbyfy immediately of any unauthorized use of your account.
• Orbyfy reserves the right to suspend or terminate any account at its sole discretion, at any time, for any reason or no reason, particularly during the beta period.
• Orbyfy may limit the number of users, API calls, sites, analyses, reports, or other resources available to any account during the beta period.

5. Acceptable Use

You agree not to:

1. Attempt to reverse-engineer, decompile, disassemble, or extract source code, models, model weights, algorithms, training data, or proprietary methodologies from Cirra AI or any Platform component.
2. Use the Platform to generate misleading, fraudulent, or deceptive environmental assessments, compliance reports, regulatory submissions, or other materials.
3. Resell, redistribute, sublicense, publicly display, or commercially exploit Platform outputs, data, or analytics without Orbyfy's prior written consent.
4. Introduce malicious code, attempt unauthorized access to any system or data, or interfere with Platform operations or other users' access.
5. Use automated scripts, bots, scrapers, or other automated tools to access the Platform beyond its intended use.
6. Represent AI-generated outputs as independently verified professional assessments, certified engineering reports, or regulatory compliance determinations without appropriate professional review and independent verification.
7. Use the Platform in any manner that violates applicable local, state, national, or international law or regulation.
8. Circumvent, disable, or otherwise interfere with any security, access control, or rate-limiting features of the Platform.

6. Intellectual Property

• All Platform technology, software, algorithms, models, model architectures, training methodologies, user interfaces, designs, documentation, branding, trademarks, and trade secrets are the exclusive property of Orbyfy Inc.
• The Structured-Entropy Physics framework, Physics-Informed Neural Network architectures, and all related innovations and research are proprietary to Orbyfy Inc.
• You retain ownership of data you upload to the Platform (site coordinates, project details, files, etc.).
• Orbyfy retains ownership of all AI-generated outputs, analyses, risk scores, reports, derived insights, and aggregated data products. Orbyfy grants you a limited, non-exclusive, non-transferable, revocable license to use such outputs solely for your internal business purposes during the term of your account.
• You grant Orbyfy a non-exclusive, worldwide, royalty-free license to use, process, store, and analyze data you submit to the Platform for the purposes of providing and improving the service, including training and improving AI models using anonymized and aggregated data.

7. Disclaimer of Warranties

8. Limitation of Liability

9. Indemnification

You agree to indemnify, defend, and hold harmless Orbyfy Inc., its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, damages, losses, liabilities, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and legal costs) arising from or related to: (a) your use of or access to the Platform; (b) your reliance on AI-generated outputs or any Platform analysis; (c) your violation of these Terms; (d) your violation of any applicable law, regulation, or third-party right; (e) any misrepresentation of Platform outputs as certified professional assessments, engineering reports, or regulatory compliance determinations; or (f) any data, content, or materials you submit to or through the Platform.

10. Data and Privacy

Your use of the Platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the Platform, you consent to the collection, use, and sharing of your information as described in the Privacy Policy. Please review the Privacy Policy at earthflow.orbyfy.com/privacy.

11. Termination

• Either party may terminate this agreement at any time during the beta period for any reason or no reason.
• Orbyfy may suspend or terminate your access immediately, without prior notice, for violation of these Terms, for any reason related to Platform operations, or at its sole discretion during the beta period.
• Upon termination, your right to access and use the Platform ceases immediately.
• Orbyfy has no obligation to retain, return, or provide access to any of your data following termination, particularly during the beta period. You are solely responsible for exporting any data you wish to retain prior to termination.
• The following sections survive termination: Sections 2 (Beta Acknowledgment), 6 (Intellectual Property), 7 (Disclaimer of Warranties), 8 (Limitation of Liability), 9 (Indemnification), and 12 (Governing Law).

12. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts, United States, without regard to its conflict of law provisions. Any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved through final and binding arbitration in Boston, Massachusetts under the rules of the American Arbitration Association. Each party shall bear its own costs and attorneys' fees unless the arbitrator determines otherwise. You agree to waive any right to participate in a class action lawsuit or class-wide arbitration against Orbyfy.

13. General Provisions

• Entire Agreement: These Terms, together with the Privacy Policy and AI Disclaimer, constitute the entire agreement between you and Orbyfy regarding the Platform.
• Severability: If any provision is found unenforceable, the remaining provisions remain in full force and effect.
• Waiver: Failure to enforce any right or provision does not constitute a waiver of that right or provision.
• Assignment: You may not assign these Terms without Orbyfy's prior written consent. Orbyfy may assign these Terms freely.
• Force Majeure: Orbyfy shall not be liable for any failure or delay caused by circumstances beyond its reasonable control.
• Notices: Orbyfy may provide notices via email to the address associated with your account or through the Platform interface.