Terms of Service

“Platform” means the Dynamik web application, APIs, and related services provided by Dynamik Orbits, including all data, analysis workflows, and simulation capabilities made available through the service.

“Customer” or “you” means the individual or entity that creates an account and subscribes to the Platform.

“Authorized Users” means individuals whom the Customer permits to access the Platform under its account, such as employees, contractors, or collaborators.

“Customer Data” means any data, files, or content that the Customer or its Authorized Users upload, import, or create within the Platform.

“Subscription” means the Customer's selected plan, billing cycle, and associated entitlements as displayed at the time of purchase.

2.1. To use the Platform, you must create an account by providing accurate and complete information. You agree to keep your account information up to date.

2.2. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at support@dynamikorbits.com if you suspect unauthorized access.

2.3. You must be at least 18 years old and have the legal authority to enter into these Terms on behalf of yourself or your organization.

2.4. By creating an account, you accept these Terms in their entirety. No separate signature or purchase order is required unless you are subscribing to an Enterprise plan with custom terms.

3.1. We may offer a free trial period for eligible plans. The duration and scope of the trial are stated on the pricing page at the time of sign-up.

3.2. During the trial, you have access to the features included in the selected plan. We reserve the right to limit functionality or usage during trial periods.

3.3. At the end of the trial, your Subscription will automatically convert to a paid plan unless you cancel before the trial expires. You will be notified before any charge is made.

3.4. If you cancel during the trial, you may lose access to your workspace and any data created during the trial period, unless you subscribe to a paid plan within thirty (30) days.

4.1. Paid Subscriptions are billed in advance on a recurring basis (monthly or annual) according to the plan selected at sign-up. All fees are stated on the pricing page and confirmed before purchase.

4.2. Subscriptions renew automatically at the end of each billing period at the then-current price, unless cancelled before the renewal date.

4.3. All amounts are in the currency displayed at the time of purchase and are exclusive of applicable taxes, which will be added where required by law.

4.4. If a payment fails, we will notify you and may retry the charge. If payment remains outstanding for more than fourteen (14) days, we may suspend access to the Platform until payment is received.

4.5. We may change our pricing with at least thirty (30) days' prior notice. Price changes take effect at the start of your next billing period. If you do not agree to a price change, you may cancel before it takes effect.

4.6. For Enterprise plans, billing terms may be agreed separately in writing.

5.1. You may cancel your Subscription at any time through your account settings or by contacting support@dynamikorbits.com.

5.2. Cancellation takes effect at the end of the current billing period. You retain access to the Platform until that date.

5.3. No refunds are provided for partial billing periods, except where required by applicable law.

5.4. Upon cancellation, your workspace and Customer Data will be retained for thirty (30) days, during which you may export your data or reactivate your Subscription. After this retention period, we may permanently delete your workspace and all associated data.

6.1. You may use the Platform for lawful business purposes related to analysis, simulation, and decision support in the space industry and adjacent domains.

6.2. You agree not to:

• Use the Platform in violation of any applicable law or regulation, including export control laws;
• Attempt to gain unauthorized access to the Platform, other accounts, or our infrastructure;
• Reverse-engineer, decompile, or disassemble any part of the Platform;
• Resell, sublicense, or redistribute access to the Platform or its outputs to third parties without our written consent;
• Use the Platform to store or transmit malicious code or content that infringes third-party rights;
• Interfere with the performance, availability, or security of the Platform.

6.3. You are responsible for ensuring that all Authorized Users comply with these Terms. You will promptly notify us of any suspected violation.

6.4. We reserve the right to suspend or restrict access if we reasonably believe a violation has occurred, after providing notice where practicable.

7.1. Platform ownership. Dynamik Orbits retains all rights, title, and interest in the Platform, including its software, algorithms, models, curated datasets, user interface, documentation, and trademarks. These Terms do not grant you any ownership rights in the Platform.

7.2. Customer Data ownership. You retain all rights to your Customer Data. By using the Platform, you grant us a limited, non-exclusive license to host, process, and display your Customer Data solely to provide the service to you.

7.3. Platform outputs. Analysis results, reports, and other outputs generated by the Platform using your Customer Data belong to you, subject to any restrictions on the underlying curated datasets.

7.4. Curated data. The curated public datasets provided through the Platform are licensed, not sold. You may use them within the Platform for your internal business purposes. You may not extract, download, or redistribute curated datasets in bulk.

7.5. Feedback. If you provide suggestions or feedback about the Platform, we may use it without restriction or obligation to you.

8.1. Data processing. We process Customer Data only as necessary to provide the Platform and as described in our Privacy Policy. We do not sell Customer Data or use it to train models for other customers.

8.2. Workspace isolation. Each Customer workspace is logically isolated. Data in your workspace is not accessible to other customers.

8.3. Security. We implement industry-standard technical and organizational measures to protect Customer Data against unauthorized access, loss, or alteration. No system is perfectly secure, and we cannot guarantee absolute security.

8.4. GDPR. To the extent we process personal data on your behalf, we act as a data processor under Regulation (EU) 2016/679 (GDPR). Upon request, we will enter into a Data Processing Agreement. You remain the data controller for any personal data you upload to the Platform.

8.5. Data location. Customer Data is hosted within the European Union unless otherwise specified in your Subscription or a separate agreement.

8.6. Data portability. You may export your Customer Data at any time during an active Subscription through the Platform's export features.

9.1. We aim to keep the Platform available and operational, but we do not guarantee uninterrupted or error-free access. The Platform may be temporarily unavailable for maintenance, updates, or circumstances beyond our control.

9.2. We will use reasonable efforts to notify you of planned maintenance in advance.

9.3. We may modify, add, or remove features of the Platform at any time. If a change materially reduces the functionality of your current plan, we will notify you at least thirty (30) days in advance.

9.4. Support is provided according to your plan level. Details are described on the pricing page. Enterprise customers may negotiate a separate service level agreement (SLA).

10.1. Each party agrees to keep confidential any non-public information received from the other party that is marked as confidential or that a reasonable person would understand to be confidential (“Confidential Information”).

10.2. Confidential Information does not include information that: (a) is or becomes publicly available without breach of these Terms; (b) was already known to the receiving party; (c) is independently developed without use of the disclosing party's information; or (d) is received from a third party without restriction.

10.3. This obligation survives termination for three (3) years.

11.1. We warrant that the Platform will perform substantially as described in our documentation. If you report a material defect in writing, we will use commercially reasonable efforts to correct it.

11.2. The curated datasets provided through the Platform are assembled from public and licensed sources. While we apply quality controls, we do not warrant that the data is complete, accurate, or current in every respect. The Platform is a decision-support tool; it does not replace professional judgment.

11.3. EXCEPT AS EXPRESSLY STATED ABOVE, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2. OUR TOTAL AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO US DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12.3. These limitations do not apply to liability arising from (a) fraud or willful misconduct, (b) breach of confidentiality obligations, or (c) your payment obligations.

13.1. These Terms are effective when you create an account and remain in effect as long as you have an active account or Subscription.

13.2. Either party may terminate these Terms (a) upon thirty (30) days' written notice for convenience, or (b) immediately if the other party materially breaches these Terms and fails to cure the breach within fifteen (15) days of written notice.

13.3. We may suspend or terminate your access immediately and without prior notice if we reasonably determine that your use poses a security risk, violates applicable law, or involves fraudulent activity.

13.4. Effect of termination. Upon termination: (a) your right to use the Platform ceases; (b) you remain liable for any outstanding fees; (c) your Customer Data will be retained for thirty (30) days, during which you may export it, after which it may be permanently deleted.

13.5. Sections that by their nature should survive termination will survive, including Intellectual Property, Confidentiality, Limitation of Liability, and Governing Law.

14.1. We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Platform at least thirty (30) days before they take effect.

14.2. Your continued use of the Platform after the updated Terms take effect constitutes acceptance. If you do not agree to the updated Terms, you may cancel your Subscription before they take effect.

Neither party shall be liable for failure or delay in performance (other than payment obligations) caused by circumstances beyond its reasonable control, including natural disasters, pandemic, war, cyberattacks, government action, Internet or infrastructure outages, or third-party service failures. The affected party must notify the other promptly. If the event continues for more than sixty (60) days, either party may terminate the Agreement upon written notice.

16.1. These Terms are governed by and construed in accordance with the laws of France, without regard to conflict of law principles.

16.2. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of Paris, France.

16.3. Before initiating formal proceedings, both parties agree to attempt in good faith to resolve any dispute through direct negotiation for a period of at least thirty (30) days.

17.1. Entire agreement. These Terms, together with the Privacy Policy and any applicable order form, constitute the entire agreement between you and Dynamik Orbits regarding the Platform.

17.2. Severability. If any provision is found invalid or unenforceable, it shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force.

17.3. Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of all or substantially all of our assets.

17.4. Waiver. No failure or delay by either party in exercising any right shall constitute a waiver of that right.

17.5. Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

17.6. Notices. Notices to Dynamik Orbits should be sent to support@dynamikorbits.com. We will send notices to the email address associated with your account.