Effective Date: July 7, 2026
These Terms of Service ("Terms") are a binding agreement between you ("you," "your," or "Customer") and ORBITH Edit, a sole-operator business and a service of ORBITHUS, operating from Waco, Texas, USA ("ORBITH Edit," "we," "us," or "our"). They govern your access to and use of the ORBITH Edit website at https://edit.orbith.tech and the video generation and editing services offered through it (collectively, the "Service").
PLEASE READ THESE TERMS CAREFULLY. Section 11 (Disclaimer of Warranties), Section 12 (Limitation of Liability), Section 13 (Indemnification), and Section 16 (Governing Law and Dispute Resolution) contain important limitations on our liability and affect your legal rights, including an exclusive venue for disputes and a one-year time limit on claims. The most important obligations you take on are in Section 5 (Content, Rights, and Licenses): you, not we, are responsible for confirming that you have the right to use every photo, detail, and video clip that goes into your video.
By clicking to accept, by paying for a video, or by otherwise using the Service, you agree to these Terms. If you do not agree, do not use the Service.
ORBITH Edit is an automated, artificial-intelligence-assisted video service. Its core product generates cinematic real-estate listing videos. In a typical listing order, you:
The Service may also offer additional video-generation and editing features from time to time, such as creating advertisements or other edited videos from footage you upload. Every feature of the Service, current or future, is governed by these Terms, and references to a "video" include any video the Service generates or edits for you.
We may change, add, or remove features of the Service at any time. The Service is offered only to business users (built first for real-estate professionals) and is not a consumer product.
By using the Service, you represent and warrant that:
If you are using the Service on behalf of an organization, "you" includes that organization, and you represent that you are authorized to bind it to these Terms.
The Service uses passwordless ("magic link") authentication. Instead of a password, we send a one-time sign-in link to the email address you provide. Because anyone with access to that link or that inbox can access your account and your videos, you agree that:
Notify us promptly at edit@orbith.tech if you believe your email account or your access has been compromised. We are not liable for any loss arising from unauthorized use of your account that results from your failure to safeguard your email or your sign-in links.
4.1 Per-video model. The Service is sold on a per-video basis. Each paid order entitles you to one (1) generated video for the listing or project you submit.
4.2 Revisions. Each video order includes up to twelve (12) review revisions during the review stage and two (2) free post-finalize changes after you accept the video. Revision requests must relate to the ordered video and the submitted project (for a listing video, the submitted listing). Revisions beyond these allowances, new listings or projects, or substantially changed scope are treated as new orders and may incur additional charges. We may decline revision requests that are abusive, that exceed the included allowances, or that ask us to include content you are not authorized to use.
4.3 Delivery target. We aim to deliver a rough-draft video within approximately ninety (90) minutes of a completed order, by an emailed magic link. This is a target, not a guarantee. Delivery times vary with demand, listing complexity, source-content availability, uploaded-footage size, and the availability of third-party services we depend on. A delay in delivery is not a breach of these Terms and does not entitle you to a refund except as stated in our Refund Policy.
4.4 Finalization. A video is "finalized" when you accept it, when you use it, or when the included revision window closes, whichever happens first.
This Section is the heart of these Terms. Read it carefully.
5.1 Definitions. - "Your Content" means everything you submit, upload, or cause the Service to retrieve in connection with an order, including listing URLs, scraped listing photos and details, your uploaded footage (including drone footage), your contact information, and any text or instructions you provide. - "Service Materials" means everything we supply to make the video, including music, templates, transitions, motion design, fonts, graphics, end-card layouts, and software. - "Output Video" means the finished video we deliver to you for an order, whether a listing video or any other video the Service generates or edits.
5.2 Your representations and warranties about Your Content. Listing photos are very often owned by a professional photographer, an MLS, or a brokerage, not by the agent who posted the listing, and reusing them without permission is a leading source of copyright lawsuits against real-estate professionals. Because of this, you represent and warrant, for every order, that:
(a) You own, or have a valid written license or other lawful right to use and to authorize us to use, every photo, image, video clip, floor plan, description, and other element of Your Content, including all listing photos retrieved from the URL you submit and all footage you upload;
(b) Your Content, and our processing of it as described in these Terms, does not and will not infringe or violate any copyright, trademark, trade-secret, contract, MLS rule, right of publicity or privacy, or any other right of any photographer, MLS, brokerage, property owner, occupant, or other third party;
(c) You have all consents needed to display any persons, private property, interiors, or identifiable locations shown in Your Content;
(d) Your Content is accurate and not misleading, including all property details, pricing, and claims; and
(e) You will not submit any content that is unlawful, defamatory, obscene, or that you are not authorized to market under Section 2.
You alone are responsible for confirming that you have the right to use listing photos before you submit a listing URL. We do not verify ownership of listing photos, and our retrieval of a publicly displayed photo does not mean you are licensed to use it. If you are not certain you have the right to use a photo, do not use it; upload your own footage instead, or obtain written permission first.
5.3 License you grant to us. You grant us a worldwide, non-exclusive, royalty-free license to host, store, access, retrieve, scrape, copy, reproduce, transcode, crop, edit, transform, combine, and otherwise process Your Content solely as needed to provide the Service, to generate and deliver the Output Video, to perform revisions, and to operate, secure, and improve the Service. This license includes the right to pass Your Content through the third-party services described in Section 8. This license ends a reasonable time after your order is complete, except for copies retained in routine backups, for legal-compliance purposes, or as needed to handle disputes.
5.4 License you receive in the Output Video. Conditioned on your full payment for the order, we grant you a worldwide, non-exclusive, perpetual license to use, reproduce, display, distribute, and publicly perform the Output Video, as follows:
(a) for an Output Video created for a property listing, solely to market and advertise the specific property listing for which it was created, across your customary marketing channels (for example, MLS, social media, paid ads, your website, email, and client presentations); and
(b) for any other Output Video (for example, an advertisement created from footage you upload), solely for your own business's lawful marketing and advertising in connection with the project for which it was created.
You may not resell, sublicense, or distribute any Output Video as a standalone product, and you may not use an Output Video to market any property or project other than the one it was made for. Until you have paid in full, you have no license to use the Output Video, including any draft or watermarked preview.
5.5 Music licensing. We supply the music in the Output Video under licenses we hold from our music providers. Conditioned on your full payment, we sublicense to you the right to use that music only as embedded and synchronized within the Output Video, and only for the marketing use described in Section 5.4. You may not extract, isolate, reproduce, distribute, or reuse any music track from the Output Video for any other purpose, in any other project, or as a standalone audio file. The music sublicense terminates automatically if your license to the Output Video terminates. Some music providers impose additional conditions (for example, no use in broadcast television); you agree to comply with any such conditions we communicate to you.
5.6 Our reservation of rights. We retain all right, title, and interest in and to the Service and the Service Materials, including all underlying templates, software, music catalog, motion design, and other components. Nothing in these Terms transfers ownership of the Service Materials to you. Your rights are limited to the licenses expressly granted in Sections 5.4 and 5.5.
5.7 Feedback. If you send us suggestions or feedback, you grant us a perpetual, irrevocable, royalty-free license to use it without restriction or obligation to you.
We respect intellectual-property rights and respond to notices of alleged copyright infringement. If you believe content processed or delivered through the Service infringes your copyright, send a written notice to our designated agent that includes the items required by 17 U.S.C. Section 512(c)(3):
Designated Copyright Agent: Copyright Agent, ORBITH Edit, edit@orbith.tech. A mailing address for physical notices is available on written request to that email.
We will respond to valid notices by removing or disabling access to the identified material where appropriate, and we may forward your notice to the Customer who submitted the related content. We may suspend or terminate the accounts of users who are repeat infringers. Knowingly sending a materially false notice may expose you to liability under Section 512(f).
You agree that you will not, and will not allow anyone using your account to:
We may apply rate limits and other technical controls and may throttle, suspend, or refuse requests that we reasonably believe are abusive, excessive, or non-compliant. We do not pre-screen Your Content and are not obligated to monitor it, but we may review, refuse, or remove content and may refuse or cancel orders that violate these Terms.
The Service relies on third parties, and your use of the Service involves them. These currently include:
Your use of these third-party services is also governed by their own terms and policies, and you are responsible for complying with them, including the terms of any listing site or MLS whose content you submit. We are not responsible for third-party services, their availability, or their acts or omissions, and a third party's failure or change is not a breach of these Terms by us.
9.1 Pricing. Current pricing is $50 (USD) for your first video and $100 (USD) for each video thereafter, unless otherwise stated at checkout. The price shown at checkout controls for that order. We may change our prices at any time; changes apply to orders placed after the change.
9.2 Payment. Payment is due at the time of order and is processed through Stripe. By paying, you authorize the charge for the amount shown at checkout. You represent that you are authorized to use the payment method you provide. We may withhold delivery, or withhold the Output Video license under Section 5.4, until payment clears.
9.3 Refunds. Refunds, if any, are governed by our separate Refund Policy at https://edit.orbith.tech/refund, which is incorporated into these Terms by reference. Except as stated there or as required by law, all sales are final.
9.4 Taxes. Prices do not include taxes unless stated. You are responsible for any sales, use, or similar taxes arising from your order, other than taxes on our net income. If we are required to collect such taxes, we may add them to your charge.
The Output Video is generated by automated, artificial-intelligence-assisted tools from content you supply or that the Service retrieves. Automated output can contain errors. Text and details burned into the video, including any property address, price, square footage, features, product or business claims, and your contact information, may be wrong, outdated, transposed, or misformatted, and photos or footage may be cropped, reordered, or altered in ways you did not intend.
You are solely responsible for reviewing each Output Video for accuracy and suitability before you publish, distribute, or otherwise use it. By using or publishing an Output Video, you confirm that you have reviewed it and that it is accurate and appropriate for your intended use. We are not responsible for any consequence of inaccurate, misleading, or non-compliant content in an Output Video that you publish, including any violation of real-estate advertising rules or MLS rules.
THE SERVICE, THE SERVICE MATERIALS, AND EACH OUTPUT VIDEO ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT: THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; ANY OUTPUT VIDEO WILL BE ACCURATE, COMPLETE, OR FIT FOR YOUR PURPOSE; ANY DELIVERY-TIME TARGET WILL BE MET; OR THAT YOUR USE OF THE SERVICE OR ANY OUTPUT VIDEO WILL NOT INFRINGE ANY THIRD-PARTY RIGHT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, CREATES ANY WARRANTY NOT EXPRESSLY STATED HERE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY EXCLUSIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT PERMITTED BY LAW:
12.1 No indirect damages. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS, LOST SALES, LOST BUSINESS, LOST GOODWILL, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12.2 Liability cap. OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (a) THE TOTAL FEES YOU PAID US FOR THE SPECIFIC ORDER GIVING RISE TO THE CLAIM, OR (b) THE TOTAL FEES YOU PAID US IN THE THREE (3) MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM. THIS CAP APPLIES IN THE AGGREGATE ACROSS ALL CLAIMS AND THEORIES OF LIABILITY.
12.3 Carve-outs. Nothing in this Section limits liability that cannot be limited by law, including liability for fraud, for willful misconduct, or for ORBITH Edit's gross negligence. Your payment obligations and your indemnification obligations under Section 13 are not subject to the cap in Section 12.2.
12.4 Basis of the bargain. The disclaimers and limitations in Sections 11 and 12 reflect the allocation of risk between the parties and are an essential basis of the bargain; the prices charged reflect this allocation. These limitations apply even if a limited remedy fails of its essential purpose.
You will defend, indemnify, and hold harmless ORBITH Edit and its owner, agents, and contractors from and against any and all third-party claims, demands, suits, proceedings, and any resulting losses, damages, liabilities, settlements, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:
(a) Your Content, including any claim that any listing photo, uploaded footage, detail, or other element of Your Content, or our processing of it as authorized by you, infringes or misappropriates any copyright, trademark, trade secret, contract, MLS rule, or right of publicity or privacy of any photographer, MLS, brokerage, property owner, occupant, or other third party;
(b) Your use, publication, or distribution of any Output Video, including any claim that it is inaccurate, misleading, or violates any real-estate advertising rule or MLS rule;
(c) Your breach of these Terms, including your representations and warranties in Sections 2 and 5; or
(d) Your violation of any law or third-party right.
We may, at our option, participate in the defense with counsel of our choice at our own expense. You may not settle any claim in a way that imposes any obligation or admission on us without our prior written consent. This Section survives termination.
We may suspend or terminate your access to the Service, refuse or cancel any order, and remove any content, at any time, with or without notice, if we reasonably believe you have violated these Terms, if your use creates risk or legal exposure for us or others, if you abuse the Service or its endpoints, or if required by law or a third-party provider.
You may stop using the Service at any time. Termination does not entitle you to any refund except as provided in our Refund Policy. Sections that by their nature should survive termination will survive, including Sections 5 (other than the rights to receive new output), 9, 11, 12, 13, 15, and 16.
We may update these Terms from time to time. When we do, we will revise the "Effective Date" above and post the updated Terms at https://edit.orbith.tech. Material changes take effect when posted, and your continued use of the Service, or placing a new order, after the changes are posted constitutes your acceptance. The version of these Terms in effect at the time you place an order governs that order.
16.1 Governing law. These Terms and any dispute arising out of or relating to them or the Service are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
16.2 Venue. Subject to Section 16.3, you and we agree that the exclusive venue for any dispute is the state or federal courts located in McLennan County, Texas, and each party consents to the personal jurisdiction of those courts and waives any objection based on inconvenient forum.
16.3 Informal resolution first. Before filing a claim, the parties will try in good faith to resolve any dispute by contacting edit@orbith.tech and allowing thirty (30) days for resolution.
16.4 Time limit. Any claim must be brought within one (1) year after it arises, or it is permanently barred, to the extent the law allows such a limit.
17.1 Entire agreement. These Terms, together with the Refund Policy, the Privacy Policy at https://edit.orbith.tech/privacy, and any terms presented at checkout, are the entire agreement between you and us about the Service and supersede any prior agreements on that subject.
17.2 Severability. If any provision is found unenforceable, it will be limited or removed to the minimum extent necessary, and the rest of these Terms will remain in full force.
17.3 No waiver. Our failure to enforce any provision is not a waiver of our right to do so later.
17.4 Assignment. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a sale or transfer of our business. These Terms bind permitted successors and assigns.
17.5 No third-party beneficiaries. Except for the indemnified parties in Section 13, these Terms create no third-party beneficiary rights.
17.6 Force majeure. We are not liable for any delay or failure caused by events beyond our reasonable control, including outages of third-party services, internet or hosting failures, acts of God, or government action.
17.7 Relationship. You and we are independent contractors. These Terms create no partnership, agency, joint venture, or employment relationship.
17.8 Notices. We may send notices to the email associated with your account. You may send notices to us at edit@orbith.tech.
17.9 Contact. Questions about these Terms? Contact us at edit@orbith.tech, ORBITH Edit, Waco, Texas, USA. A mailing address is available on written request.
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