GENERAL TERMS AND CONDITIONS OF USE FOR THE ORBYZ PLATFORM

LAST UPDATED: MARCH 2025

1. Subject Matter of these Terms

These terms of Orbyz Media GmbH ("General Terms of Use") govern your use of the basic functionalities of the service, content and software of the Orbyz platform as an app and as a web version (https://orbyz.world) (collectively the "Platform").

Orbyz is the world's first digital platform for the professional sustainability community and connects professionals, knowledge, ideas, projects and organisations around the topic of sustainability and the Sustainable Development Goals (SDGs) of the United Nations.

The General Terms of Use constitute a binding agreement between you and Orbyz Media GmbH, Gassergasse 19/5/2B, 1050 Vienna, Austria, defining your and Orbyz’s rights and responsibilities with respect to the Platform.

2. Definitions

Basic platform: the Platform with its functionalities and without any Features.

Terms: the General Terms of Use together with Feature Terms of Use you have activated or purchased.

Feature: any additional software/content/service that can be offered as an additional functionality within the basic Platform.

Feedback: ideas, feedback and proposals you submit to Orbyz.

Order: the binding offer of a payable Feature or the subscription to a payable Feature, which may be available via the Apple App Store, the Google Play Store or our website.

Orbyz / we: Orbyz Media GmbH.

Material: all content or documents such as profile pictures, profile information, company profiles, messages, community posts, publications and events, as well as comments or reactions that you post or upload to the Platform.

Platform: platform Orbyz as an app and as a web version.

Software: the software of the Platform.

3. Basic Platform and additional Features

These General Terms of Use govern your use of the Platform and any Features.

Orbyz may offer additional software, content or services (“Features”) that may or may not be subject to a charge. Features that are available free of charge may be activated directly on the Platform. There are additional conditions for (possible) payable Features ("Feature Terms of Use" - see point 6).

The General Terms of Use together with the Feature Terms of Use of the Features purchased by you constitute the entire agreement (the “Terms”) between you and Orbyz regarding the Platform and its Features.

The use of the Platform's basic functionalities is free of charge and only requires the registration of an account and the creation of a profile. You can also have your profile verified by us (see point 5.3)

The app can be used on Android and iOS devices and is available for download from both the Apple App Store and the Google Play Store. The web version can be used in all common, up-to-date browsers.

The Platform and all additional Features are not intended for persons under the age of 18. If you are under the age of 18, please do not use the Platform and any Features.

4. Description of the Platform

4.1. The following functionalities are available to you for free after registering an account (and creating your profile) (see point 5):

  • Create user profile
  • Search for community posts by keyword, filter community posts by category and display community posts
  • Post community posts
  • Search for events by keyword, filter events by category and display events
  • Search for publications with keyword, filter publications by category and display publications
  • Post publications
  • My Orbyz – send messages to contacts
  • Respond and/or react to a community post, an event or a publication
  • Add a community post, an event or a publication to your watchlist
  • Report a community post, an event or a publication

4.2. If you are active on the Platform as a company, you can also create a company profile. If you have created a company profile, the following additional functionalities are available to you:

  • Manage accounts linked to the company
  • Create and post an event

4.3. The Platform is currently only available in English.

4.4. The Platform and Features are network-dependent. An internet connection is required for the Platform functionalities. The use of the Platform and Features requires the transmission of data via the network of your Internet service providers, who may charge you for the data use. Orbyz expressly disclaims any responsibility for the payment of any charges to your Internet service provider.

5. Registration and verification of profiles

5.1. To use the Platform, you must register on the Platform and create a profile. To register a profile, you must provide us with the following personal data:

  • e-mail address
  • password

This personal data is required in the registration process. Orbyz verifies your e-mail address before your account may be used.

If you register with your Apple account

  • your name and
  • your e-mail address

will be made available to us.

If you register with your Google account

  • your name,
  • your e-mail address and
  • your profile picture

will be made available to us.

5.2. Before you can make full use of the Platform, you must create a profile (see point 4.1). When creating a profile, you must provide your first name, surname, approximate age group at the time of registration, your country of residence, your networking status and your primary areas of interest. You can also provide further voluntary information about yourself in your profile (e.g. upload a profile picture or add further personal details).

You agree to provide truthful and complete information when you register and create your profile and to keep this information updated. You can change your password on the Platform if you have set a password. If your email address, name or country of residence changes, please notify us of the changes in an email sent from your (last) registration email address to support@orbyz.world. We will then send you an e-mail to your (last) registration e-mail address in which we ask you to confirm your changes. If you do not confirm these changes, the changes will not be implemented. If you do not have access to the registration e-mail address, we will need to verify your identity using suitable additional information. In this case, please send an e-mail to profile@orbyz.world and explain your request. If you have registered via an Apple or Google account, you must change the registration e-mail via the settings of this account. You must take due care to protect your username and password against misuse by others and promptly notify Orbyz about any misuse.

5.3. You have the option – depending on the profile category – of having your profile verified by Orbyz in order to show that Orbyz can confirm that you are the actual person, public organisation or company you claim to be. As part of the verification process, you will be asked to submit – depending on the profile category – certain documents to Orbyz by uploading them. Verification takes place within 30 days. If the verification is successful, a tick will be displayed next to your profile.

6. Ordering payable Features and terms of payment for Features

6.1. Payable Features may be available via the Apple App Store, the Google Play Store or via our website. The costs of the Feature, subscription terms, subscription period, trial offers and payment methods are agreed upon directly in the Apple App Store, the Google Play Store or on our website, as applicable. Please refer to the terms set out in the Apple App Store, Google Play Store or on our website, as applicable.

6.2. You may be charged additional fees by your bank or credit card provider based on the currency conversion rates used and/or additional purchase fees when purchasing Features according to point 6.1. Orbyz expressly disclaims responsibility for the payment of bank or any other third-party service fees or charges.

6.3. Right to revoke: As a consumer, you have the right to revoke a contract for payable Features purchased on our website within fourteen days without giving reasons. The revocation period is fourteen days from the day the contract is concluded. To exercise your right to revoke, you must inform us of your decision to revoke this contract by means of a clear statement (e.g. a letter sent by post or email). Our contact details can be found under point 23 of these Terms. You can use the attached sample revocation form, but this is not mandatory. To meet the revocation deadline, it is sufficient for you to send this statement about the exercise of your right to revoke before the revocation period has expired.

Consequences of revocation: If you revoke this contract, we shall reimburse to you all payments received from you without undue delay and in any event not later than 14 days from the day on which we receive the statement about your decision to revoke this contract. For the repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed upon otherwise with you; in no case will you be charged any fees for this repayment.

If you have requested that the services should commence during the revocation period, you must pay us a reasonable amount corresponding to the proportion of the services already provided up to the time at which you inform us of the exercise of the right to revoke this contract compared to the total scope of the services provided for in the contract.

Sample revocation form

  • To Orbyz Media GmbH, Gassergasse 19/5/2B, 1050 Vienna, Austria, contact@orbyz.world
  • I hereby revoke the contract concluded by me for the provision of the following service of the Platform Orbyz
  • Ordered on/received on
  • Name of the consumer
  • Address and e-mail address of the consumer
  • Signature of the consumer (only for notification on paper)
  • Date

Information on the revocation rights regarding payable Features of the app versions can be found in the terms on the Apple App Store / Google Play Store, if applicable to your case.

7. Termination of the contract

The contract for the use of the Platform continues for an indefinite period of time, unless terminated by Orbyz or by you as set out below.

a) Termination by you

You may delete your account (= terminate this contract) at any time if you no longer wish to use the Platform. You can delete your account in the Platform under Menu à Settings à Delete Profile. This will initiate the termination process and your account and all material and content in it will be irretrievably deleted after 1 month.

You can also terminate the contract for the Platform via e-mail at any time using the contact details at the end of these General Terms of Use. In this case, please inform us of your termination request by sending us an email from your (last) registration email address so that we can verify your identity. We will then send you a confirmation e-mail to your (last) registration e-mail address. If you do not have access to the registration e-mail address, we will need to verify your identity using suitable additional information. In this case, please also send an e-mail and explain your request. If you terminate the contract for the Platform in this way, this will also result in the deletion of your account.

In the event of termination, you may be required to separately terminate payable Features that you have purchased or subscribed to via the Apple App Store, the Google Play Store or via our website. For payable Features, please refer to the termination terms from your order in the Apple App Store, the Google Play Store or on our website.

b) Termination by Orbyz

After execution of the contract, Orbyz may terminate the contract for the Platform and any free Features with four weeks’ notice. After the termination period has expired, your account will be deleted. Please see points 14 and 15 for Orbyz's options to change the Platform / Features and the applicable terms.

c) Termination of existing payable Features

In case of termination by Orbyz and you: As long as there is still an active payable Feature (e.g. due to termination periods of payable Features), the Platform and your account (with the exception of measures according to point 10) are accessible as usual.

After the effective date of termination of all payable Features, you will no longer have access to the Platform and your account. This includes any material that you have submitted to the Platform or to any respective Features using your account.

8. Intellectual property and licence of use

The Platform, including any and all visible and non-visible components of the Platform and any Features, in particular videos, animations, images, texts, sounds and graphics, as well as their arrangement, are protected under the provisions of intellectual property law, in particular by copyright and trade secret. Orbyz, or such third party that has been engaged by Orbyz, reserves and shall retain ownership of any and all rights in and to the Platform and any Features and any trademarks, logos, copyrights, patents and other intellectual property rights used in connection with the Platform and any Features, unless otherwise explicitly set forth in these General Terms of Use. All trademarks on the Platform or any Features are, unless otherwise expressly specified, protected by trademark, which particularly applies to Orbyz's labels, emblems, company logos or nameplates. Nothing in these General Terms of Use shall be construed as a transfer or grant of any intellectual property rights (i) contained in the Platform or any Features or (ii) otherwise held or controlled by Orbyz or any third party engaged by Orbyz, except with respect to the limited right to use such intellectual property rights as explicitly set forth in the Terms.

Orbyz grants you a royalty-free, non-exclusive, non-transferable, non-sublicensable, personal, limited and irrevocable (except in the event this contract is terminated under the conditions set forth in "Termination of the Contract" according to point 7) right and licence to install (in the case of use of the app), access and use the Platform and related software and content, including any associated media and explanatory documentation provided to you in connection with the Platform, on your computer and/or mobile device during the term of the contract for the Platform strictly in accordance with the Terms.

All other rights are expressly reserved by Orbyz.

You may not copy, modify or reverse engineer the Platform (including its Software) except to make back-up or transient copies insofar as this is necessary for the use of the Platform.

If you submit material to the Platform or post/upload material on the Platform, Orbyz does not claim any ownership or usage rights to your material. By submitting material, no ownership or usage rights to the material are transferred to Orbyz. Orbyz is only transmitting the Material and is neither responsible for editorial control over it nor conducts moderation of content.

You are solely responsible for all material posted by you.

You are solely responsible for making backup copies of the material you store on the Platform and any Feature. Orbyz has no obligation to return material to you after the effective date of termination of the contract for the Platform or any Feature.

9. Behaviour when using the Platform and all Features / Rules of conduct

9.1. Orbyz only offers its users a platform for communication and does not check the user content, Orbyz does not participate in the content of the communication between users and does not moderate the content. The following rules of conduct apply to the use of the Platform and all Features:

  • You will use courteous manners;
  • You will not use the Platform in any unlawful manner or in any manner that violates any applicable law or regulation;
  • You will not use the Platform in any manner inconsistent with the Terms or in any manner that causes injury or inconvenience to any third party;
  • You will not post on the Platform any unlawful, offensive, misleading, abusive, pornographic, harassing or defamatory material or any material that infringes the intellectual property rights of any third party;
  • You will immediately notify Orbyz if you become aware of any unauthorized use of the Platform/any Feature or any unauthorized use or misuse of our intellectual property or intellectual property rights;
  • You will obtain any consents, permissions or licenses required by law for you to post material on the Platform;
  • You will respect the privacy of others;
  • You will not distribute or post spam messages, chain letters, pyramid schemes or viruses;
  • You will not use the Platform and Features in any manner that could damage, disable, overburden, impair or compromise the Platform or any Feature, Orbyz's systems or the security of Orbyz's systems, interfere with other users of the Platform or any Feature, or inhibit or restrict any other user from using the Platform or any Feature (including by hacking or defacing the Platform or any Feature);
  • You do not use any technology or initiate any activity that could harm the Platform/Feature or the interests or property of Platform users;
  • You will not use any automated system or means to access, acquire, copy or monitor any part of the Platform or Features, except as provided by Orbyz and Apple/Google;
  • You will use the Platform and Features within the scope of the license granted and will not do any of the following: Reverse engineer, decrypt or otherwise modify any software, reproduce (other than necessary backup copies for yourself), redistribute, distribute, decompile, extract, disassemble, or reverse engineer the source code;
  • You will not attempt to circumvent any digital rights management or copy protection features associated with the Platform or Features or any other technology used to control access to or use of the Platform and Features;
  • You will not share your password or allow any other person to access the Platform or Features;
  • You are responsible for the consequences of any material you post.

9.2 In addition, the following rule of conduct applies to the use of the Platform and all Features: The use of the Platform in a manner that endangers minors is not permitted. In particular, you are prohibited from using the Platform to create, upload or distribute content or engage in behaviour that supports the sexual exploitation or sexual abuse of minors. This includes, for example, inappropriate acts directed at minors, cyber-grooming of minors, sexualisation of minors, sexual blackmail of minors and human trafficking of minors. If you become aware of content or behaviour that violates this code of conduct, you can report it using the Platform's reporting function or by sending an email to our contact address listed in point 23.

9.3 Violations of the rules of conduct set out in this point (point 9) may lead to restrictions on use (see point 10).

10. Your responsibility / Restrictions of use

If you use the Platform or any Feature in a way that violates the Terms, you agree to defend, indemnify and hold harmless from and against any claims, damages, expenses, losses and liabilities resulting from or arising out of:

  1. your culpable breach of the Terms;
  2. your infringement or violation of any intellectual property rights, other rights or privacy of a third party; or
  3. misuse of the Platform or any Feature by a third party where the misuse was made possible by your failure to take reasonable measures to protect your username and password against misuse.

If there is evidence that you have violated the Terms, Orbyz reserves the right to take the following steps, depending on the gravity of the infringement:

  • send you a warning;
  • temporarily suspend your Account;
  • permanently block your Account; or
  • restrict your access to certain areas of the Platform or the respective Feature in case of breach of Feature Terms of Use.

If we take one or more of the measures mentioned above, we will inform you of the measure(s) taken, the reasons for the measure(s) and the legal remedies available to you against the measure(s). If we have already blocked your account due to violations of the Terms (in particular the Rules of Conduct listed in point 9 or the Feature Terms of Use) or laws, but you open a new account with Orbyz, we are entitled to block this new account as well.

11. Notifications and announcements 

Orbyz may publish notifications relating to the Platform (current news about the Platform, maintenance-related restrictions) within the Platform and Features.

12. User enquiries and feedback to Orbyz

If you have a user enquiry or feedback, please contact:

support@orbyz.world

By submitting any ideas, feedback and/or proposals to Orbyz through the Platform or other means, you agree that:

  • Orbyz may have development ideas similar to the feedback;
  • Orbyz may after anonymisation freely use, distribute, exploit and further develop and modify feedback for any purpose and
  • you are not entitled to a compensation regarding any profit or advantage that Orbyz may gain from your feedback.

Your rights to contractual compliance, warranty and damages by Orbyz remain unaffected.

Please do not submit any of your confidential or proprietary information or any confidential or proprietary information of any third party to Orbyz.

13. Availability and technical requirements

Many functions of the Platform and Features require an active internet connection. However, there may be interruptions in availability due to force majeure or other causes for which Orbyz is not responsible. Orbyz makes no commitment to a specific level of availability of the app or the web version.

The Platform or a Feature (or a part of the Platform or a Feature) may not be available during maintenance breaks. In this case, we will inform you as far as technically possible and foreseeable about the planned period of maintenance-related restrictions.

To ensure you have the latest Orbyz version of the Platform/Feature, your device may automatically check for the availability of software updates from Orbyz. If any are detected, you will be prompted to approve the installation. You may also automatically install software through available software update channels. If Orbyz considers an update to be important or critical to the fulfilment of the Terms you will be informed about the update in advance.

14. Modifications of the Platform and any Features

Orbyz may modify the Platform and any Feature under the following conditions:

- Orbyz will take into account your interests and inform you about the planned modification in a clear and understandable way;

- you will have no additional costs, even if the modification causes an upgrade of the Platform/Feature; and

- the amendment is reasonable and necessary due to a valid reason, as follows:

(i) changes in laws that are applicable to the Platform and/or a Feature,

(ii) problems with the Platform’s or a Feature’s security (e.g. security-related issues in the code),

(iii) where a modification is necessary to adapt the Platform or a Feature to a new technical environment or an increased number of users or

(iv) where the modification is necessary for other important operational reasons.

If the planned modification has not just a minor negative impact on your access or use of the Platform or any Feature, you will be informed on a durable medium and within a period of four weeks before the modification is made. This information will include characteristics and time of the modification and the possibility to terminate the contract free of charge or the possibility of unchanged continuation. When a modification of the Platform or any Feature impacts, in more than a minor manner, your access or use of the Platform or Feature, you have the right to terminate the contract for the Platform and any Feature free of charge. You have to exercise this right within 30 days from the modification or, if the information about your right to terminate the contract is delivered after the modification, within 30 days from this information.

Alternatively, Orbyz can decide to enable you to maintain access to the Platform/Feature at no additional cost, without the modification and in conformity with the contract, in which case you shall not be entitled to terminate the contract.

The right to terminate the contract for the Platform as stated in point 7 (“Termination of the Contract”) remains unaffected.

15. Changes to the Terms of Use

Orbyz may modify the Terms, apart from the cases of changes to the Platform and Features mentioned in point 14, with regard to the following aspects, taking into account the process described below:

  • Subject Matter of these Terms (point 1)
  • Definitions (point 2)
  • Basic Platform and additional Features (point 3)
  • Description of the Platform (point 4)
  • Registration and verification of profiles (point 5)
  • Ordering payable Features and terms of payment for Features (point 6)
  • Termination of the contract (point 7)
  • Intellectual property and licence of use (point 8)
  • Behaviour when using the Platform and all Features / Rules of Conduct (point 9)
  • Your responsibility / Restrictions of use (point 10)
  • Notifications and announcements (item 11)
  • User enquiries and feedback to Orbyz (point 12)
  • Availability and technical requirements (point 13)
  • Links to third-party websites and content (point 16)
  • Limitation of liability for the Platform and all Features (point 17)
  • Applicable law / Jurisdiction (point 18)
  • Additional conditions for Apple users (point 19)
  • Validity (point 20)
  • Transfer of rights and obligations (item 21)
  • No waiver through non-exercise of rights (point 22)
  • Contact us (point 23)

Orbyz will take your interest into account and inform you of the changes to the Terms four weeks before the changes come into effect. This information will contain the cancellation period of four weeks, the changes (a comparison of the provisions affected by the changes to the Terms and the complete version of the new Terms) and the consequences of not responding in text form (e-mail) to our notification as described below. You can also view the changes (a comparison of the provisions affected by the changes to the Terms and the complete version of the new Terms) on our website https://orbyz.world.

The consequences are: If you do not object to the changes within these four weeks by sending an email to contact@orbyz.world, they will enter into force at the end of the fourth week. If you object to the changes in text form (e-mail), this means the contract for the use of the Platform and any Feature activated or purchased by you will be terminated by the end of the fourth week. You therefore will not be able to access or use the Platform or any Feature or material submitted to the Platform or any Feature after the fourth week. Any payment obligations to Apple or Google resulting from a minimum duration of a payable Feature or a subscription to a payable Feature remain unaffected.

16. Links to third-party websites and content

Orbyz may include access to sites and services on the internet or preloaded clients on the Platform or any Feature that enable you to interact with sites and services that are owned or operated by third parties and that are not part of the Platform/Feature. Such sites and services may have terms and conditions that are binding for you if you use these sites or services. Please review the terms and conditions of these sites or services before using such sites or services.

Orbyz has no control over the third-party content, sites or services and assumes no responsibility for services provided or material created or published on these third-party sites or services. A link to a third-party site does not imply that Orbyz endorses the site or the products or services referenced in the site. If you click on a link and are directed to another website, you do so at your own risk. In addition, we cannot guarantee that the third-party website or app is free of viruses, malware or other harmful software.

Orbyz is not responsible for, and expressly disclaims liability for, third-party content or links.

In addition, you and other users may create content and links to content within the Platform or a Feature. Orbyz is not responsible for this type of content or links, unless it is illegal content known to Orbyz.

17. Limitation of liability for the Platform and all Features

Orbyz shall be liable within the scope of the statutory provisions, irrespective of the legal grounds (pre-contractual, contractual, non-contractual), insofar as the cause of the damage is based on an intentional or grossly negligent breach of duty by us or one of our legal representatives or agents.

Furthermore, we are liable for the slightly negligent breach of essential obligations. Essential obligations are those whose breach jeopardises the achievement of the purpose of the contract, whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance you regularly rely.

The above limitations of liability do not apply in the event of injury to life, body or health.

18. Applicable law / Jurisdiction

If your habitual residence is in Austria or in a country that is not a member of the European Union, these Terms and the Feature Terms of Use shall be governed by the laws of Austria, without giving effect to conflict of laws provisions, or the United Nations Convention for Contracts for the International Sale of Goods, which is explicitly excluded.

In the event that your habitual residence is in a member state of the European Union, Austrian law applies unless mandatory provisions of the country in which you have your habitual residence conflict with this. Such mandatory provisions shall remain unaffected.

If you have your domicile or habitual residence in Austria or are employed in Austria, the place of jurisdiction for all disputes, claims or actions arising out of or in connection with the Platform is Austria.

If you are a resident in another country, the place of jurisdiction for all disputes, claims or actions arising out of or in connection with the Platform shall be Austria, unless mandatory provisions of the country in which you are a resident in conflict with this. Such mandatory provisions of this country remain unaffected.

19. Additional conditions for Apple users

If you download the app for the Platform or install/activate a Feature via the Apple App Store, the “Additional Terms for Apple Users” below shall apply and govern your use of the Platform and such Feature.

  1. Acknowledgement: You and Orbyz acknowledge that the Terms are concluded between you and Orbyz only, and not with Apple. Orbyz, not Apple, is solely responsible for the Platform and any payable Feature and the content thereof. The Terms do not provide for usage rules for the Platform and any Feature that are in conflict with the Apple Media Services Terms and Conditions or the Volume Content Terms as of the Effective Date (which Orbyz acknowledges and Orbyz had the opportunity to review).
  2. Scope of License: Each license granted to you for the Platform and for any payable Feature is limited to a non-transferable license to use the Platform and any payable Feature on any Apple-branded Products that you own or control and as permitted by the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that the Platform and any payable Feature may be accessed and used by other accounts associated with the purchaser via Family Sharing, Volume Purchasing, or Legacy Contacts.
  3. Maintenance and Support: Orbyz is solely responsible for providing any maintenance and support services with respect to the Platform and any payable Feature, as specified in the EULA, or as required under applicable law. You and Orbyz acknowledge that Apple has no obligation whatsoever to provide any maintenance and support services with respect to the Platform and any payable Feature.
  4. Warranty: Orbyz is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the Platform or any payable Feature to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Platform or Feature to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Platform and any payable Feature. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Orbyz`s sole responsibility.
  5. Product Claims: You and Orbyz acknowledge that Orbyz, not Apple, is responsible for addressing any of your claims or any claims from third parties relating to the Platform or any payable Feature or your possession and/or use of the Platform or any payable Feature, including, but not limited to:

(i) product liability claims;

(ii) any claim that the Licensed or Custom Application fails to conform to any applicable legal or regulatory requirement; and

(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Platform’s or any payable Feature’s use of the HealthKit and HomeKit frameworks.

  1. Intellectual Property Rights: You and Orbyz acknowledge that, in the event of any third-party claim the Platform or any payable Feature or your possession and/or use of the Platform or any payable Feature infringe that third party’s intellectual property rights, Orbyz, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
  2. Legal Compliance: You represent and warrant that:

(i) you are not located in a region that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” region; and

(ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

  1. Developer Name and Address: This is the contact information for your questions, complaints or claims with respect to the Platform or any Feature:

Name: Orbyz Media GmbH

Address: Gassergasse 19/5/2B, 1050 Vienna, Austria

E-mail address: contact@orbyz.world

  1. Third Party Terms of Agreement: You must comply with applicable third-party terms when using the Platform or any payable Feature.
  2. Third Party Beneficiary: You and Orbyz acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of the Terms, and that, upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the Terms against you as a third-party beneficiary thereof.
  3. Validity

The Terms neither exclude nor limit any of your mandatory rights that cannot be waived by law. If a provision of the Terms is found to be invalid or unenforceable under applicable law, the remaining provisions will not be affected and will continue in full force and effect and the invalid provision will be replaced with a valid provision that comes closest to the result and purpose of the Terms. In the event one or more provisions of these Terms are not relevant to your use of the Platform, it shall not impact the validity or enforceability of any other provision of the Terms or the Terms as a whole.

21. Transfer of rights and obligations 

In relation to entrepreneurs, Orbyz is entitled to transfer its rights and obligations (in whole or in part, even with regard to individual services only) or the entire contract to a third party if we inform you of this. The transfer unfolds the legal effects of section 1409 Austrian Civil Code and section 38 Austrian Business Code.

22. No waiver through non-exercise of rights

Orbyz's failure to exercise or delay in exercising any right or power shall not be deemed as a waiver thereof, and the single or partial exercise of any right or power shall not preclude the further exercise of that or any other right.

23. Contact us

This is the contact information for your questions, complaints or claims regarding the Platform or any Feature:

Orbyz Media GmbH

Gassergasse 19/5/2B, 1050 Vienna, Austria

E-mail address: contact@orbyz.world