1. Agreement to these Terms
These Terms of Use (“Terms”) form a binding agreement between you and Petar Nikolushev, an independent sole trader (freelancer) registered in Bulgaria under BULSTAT/UIC No. 181061688 (“MyOrbio”, “we”, “us”), governing your use of the MyOrbio application and related services (the “Service”).
By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.
2. Eligibility and age
You must be at least 16 years old to use the Service. By using it, you represent and warrant that you are 16 or older and that you have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organisation, you represent that you are authorised to bind it.
We may refuse, suspend, or terminate access to anyone who does not meet these requirements.
3. Your account
- You must provide accurate information and keep it up to date.
- You are responsible for safeguarding your login credentials and for all activity under your account.
- Notify us immediately at support@myorbio.app of any unauthorised use.
- You may not share, sell, or transfer your account.
4. The Service
MyOrbio is an ambient-presence social application that lets you share an availability status with a small circle of people you connect with, send “sync” requests, and organise connections into an orbit or list. The Service is provided for personal, non-commercial use.
We may add, change, suspend, or remove features at any time. We may set or change limits (such as the number of people you can pin) at our discretion.
5. Acceptable use
You agree not to:
- use the Service for any unlawful, harmful, harassing, abusive, defamatory, or fraudulent purpose;
- impersonate any person or misrepresent your affiliation;
- upload content that is illegal, infringing, obscene, hateful, or that violates others’ rights or privacy;
- stalk, harass, threaten, or harm another person;
- collect or harvest data about other users, or use bots, scrapers, or automated means without our written permission;
- attempt to gain unauthorised access to, interfere with, or disrupt the Service, its servers, or security;
- reverse-engineer, decompile, or attempt to extract source code except where permitted by law;
- use the Service to send spam or unsolicited communications;
- circumvent any limits, access controls, or payment mechanisms.
We may investigate and take action — including content removal, suspension, or termination — for any breach.
6. Your content
You retain ownership of the content you provide (such as your display name and profile photo). You grant us a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, and display that content solely to operate and provide the Service to you and the people you connect with. This licence ends when you delete the content or your account, except for residual backup copies deleted on our normal cycle and copies we must retain by law.
You represent that you have the rights to the content you upload and that it does not infringe any third-party rights.
You are solely responsible for the content and information you share, including your status and anything you place in free-text fields.
7. Nature of presence information — no reliance
The Service displays availability/presence signals that are informational only. We do not guarantee that any status, presence indicator, notification, or sync request is accurate, timely, delivered, or received. Do not rely on the Service for any urgent, safety-critical, medical, or emergency purpose. Presence is not a location-tracking, safety, or emergency service.
8. Premium subscription, billing and cancellation
- MyOrbio offers an optional Premium subscription at €3.99 per month (or the local-currency equivalent set by the app store), or such other price as we may display before purchase.
- Purchases and billing are processed by Google Play or the Apple App Store, and are subject to their terms. We do not receive or store your full payment-card details.
- Subscriptions renew automatically for successive periods unless cancelled at least 24 hours before the end of the current period.
- You manage and cancel your subscription through your app-store account settings, not through us.
- Refunds are handled by the app stores according to their policies and applicable law. EU/EEA consumers: statutory withdrawal and consumer rights apply; note that where you request and consent to immediate provision of digital content, the statutory withdrawal right may be limited as permitted by law.
- If we change subscription prices, we will give you advance notice and the change will apply to the next billing period.
9. Intellectual property
The Service, including its software, design, branding, “MyOrbio” name and logo, and all related intellectual property, is owned by us or our licensors and is protected by law. Except for the limited right to use the Service under these Terms, no rights are granted to you. You may not use our trademarks without our prior written consent.
10. Third-party services
The Service relies on third parties (including Supabase, RevenueCat, Expo, and the app stores). Your use of those services may be subject to their own terms and privacy policies. We are not responsible for third-party services.
11. Disclaimers
To the fullest extent permitted by law, the Service is provided “as is” and “as available”, without warranties of any kind, whether express or implied, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, and availability. We do not warrant that the Service will be uninterrupted, error-free, secure, or that defects will be corrected.
Nothing in these Terms excludes or limits any warranty or right that cannot be excluded or limited under applicable mandatory law, including the statutory guarantees and consumer rights of EU/EEA consumers.
12. Limitation of liability
To the fullest extent permitted by law:
- We are not liable for any indirect, incidental, special, consequential, or punitive damages, or for loss of profits, data, goodwill, or opportunities, arising out of or relating to the Service.
- Our total aggregate liability for all claims relating to the Service is limited to the greater of (a) the amount you paid us for the Service in the 12 months before the event giving rise to the claim, or (b) EUR 100.
These limits do not apply to liability that cannot be limited by law, including liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or to the mandatory rights of consumers. If you are an EU/EEA consumer, your statutory rights are unaffected by this section.
13. Indemnification
To the extent permitted by law, you agree to indemnify and hold us harmless from claims, damages, losses, and reasonable expenses (including legal fees) arising from your breach of these Terms, your content, or your misuse of the Service. This Section 13 does not apply to consumers acting outside their trade or profession where prohibited by applicable law.
14. Suspension and termination
You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you breach these Terms, if required by law, or to protect the Service or other users. On termination, your right to use the Service ends; Sections that by their nature should survive (e.g. content licence wind-down, IP, disclaimers, liability, governing law) will survive.
15. Changes to these Terms
We may update these Terms. If changes are material, we will notify you in the app or by email before they take effect. Where required by law, material changes for existing users will only take effect after reasonable notice, and continued use after the effective date constitutes acceptance. If you do not accept the changes, you must stop using the Service.
16. Governing law and disputes
These Terms are governed by the laws of the Republic of Bulgaria, excluding its conflict-of-law rules, and the Bulgarian courts have jurisdiction — except that:
- if you are a consumer in the EU/EEA, UK, or another jurisdiction with mandatory consumer-protection rules, you benefit from the mandatory provisions of the law of your country of residence and may bring proceedings in your local courts. Nothing in these Terms deprives you of that protection.
- Nothing limits any right you have to bring a complaint before a supervisory or consumer authority.
EU consumers may also use the European Commission’s Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr.
17. Apple App Store and Google Play terms
If you download the app from the Apple App Store:
- These Terms are between you and us only, not Apple. Apple is not responsible for the Service or its content.
- Apple has no obligation to provide maintenance or support.
- Apple is not responsible for any product warranties or claims (product liability, legal/regulatory non-compliance, consumer-protection claims); as between you and us, these are our responsibility to the extent stated in these Terms.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
- You confirm you are not located in a country subject to a U.S. Government embargo or designated as “terrorist-supporting”, and are not on any U.S. prohibited-party list.
If you download from Google Play, your use is also subject to the Google Play Terms of Service.
18. General
- Severability: if any provision is held unenforceable, the rest remains in effect.
- No waiver: our failure to enforce a provision is not a waiver.
- Assignment: you may not assign these Terms; we may assign them to a successor.
- Entire agreement: these Terms and the Privacy Policy are the entire agreement between you and us regarding the Service.
- Force majeure: we are not liable for delays or failures caused by events beyond our reasonable control.
19. Contact
Questions or requests about these Terms or the Service:
Petar Nikolushev (independent freelancer)
BULSTAT/UIC No. 181061688 · Bulgaria
Email: support@myorbio.app