These Terms of Service ("Terms") govern your business's use of the software and services that DHCB, Inc. ("DHCB", "we", "us") provides, including Orbit (the "Services"). If your business has signed an order form or master agreement with us, that agreement controls where it differs from these Terms. Feglah, our service for restaurants, has its own terms at feglah.com.
The short version
- Your data is yours. We use it only to provide the Services to you.
- We charge a fixed fee plus a rate per active account. Never a percentage of your orders.
- AI does much of the work and can be wrong. Review exceptions; you stay responsible for what goes into your ERP.
- You can export your data at any time, including after you leave.
1. Who these Terms apply to
The Services are for businesses, such as food distributors and wholesalers. By accepting these Terms you confirm that you are at least 18 and have authority to bind your business.
2. The Services
Orbit includes order automation, account intelligence, sales intelligence and storefronts. What's included depends on your plan and order form. We improve the Services over time but won't materially reduce core features during a paid term.
3. Accounts and users
You decide who in your business can use the Services and with what permissions. Keep credentials secure, and tell us promptly at [email protected] if you suspect unauthorized access. You're responsible for activity under your accounts.
4. Your data
"Customer Data" means the orders, messages, catalogs, prices, customer records, ERP data and other content you or your customers submit to the Services. You own your Customer Data. You give us a limited right to host, process and display it only to provide, secure and support the Services for you.
- We don't sell Customer Data or share it with other customers.
- We don't use it to market to your customers. Orbit is not a marketplace.
- We may use aggregated, de-identified statistics that can't identify you or your customers to run and improve the Services.
If your customers submit information through a storefront, you're responsible for having the notices and permissions needed to share it with us.
5. ERP and other connections
You authorize us to connect to the systems you choose, such as your ERP, email inbox or messaging accounts. We need read access to order history; we write orders back to your ERP only where you enable it. Third-party systems are governed by their own terms, and we're not responsible for their availability.
6. AI features
The Services use machine-learning models, including models from third-party providers, to read orders, match products, score accounts and suggest actions. AI output can be incomplete or wrong. Items we're not confident about go to a review queue. You remain responsible for reviewing output and for your pricing, orders and business decisions.
7. Fees
Fees are set in your order form: a fixed base fee plus a rate per active account, as your order form defines it. We never charge a percentage of order value or a per-order transaction fee. Unless your order form says otherwise, invoices are due within 30 days and fees exclude taxes. We may suspend access for overdue amounts after giving you written notice.
8. Pilots
If you start with a pilot, its length, KPIs and exit rights are set in your order form before it begins.
9. Term and termination
Your subscription term is set in your order form and renews for the same length unless either side gives 30 days' notice. Either side may terminate for a material breach not fixed within 30 days of notice. After termination you can export your Customer Data, and we then delete it unless the law requires us to keep it.
10. Acceptable use
- Don't use the Services for anything unlawful, or to send messages that break anti-spam or telemarketing laws.
- Don't reverse engineer, copy or resell the Services, or use them to build a competing product.
- Don't probe, overload or try to get around the security or limits of the Services.
11. Security and confidentiality
We protect Customer Data with administrative, technical and physical safeguards. We'll tell you without undue delay if a security incident affects your Customer Data. Each side keeps the other's confidential information confidential.
12. Intellectual property
We own the Services, including our software, models and documentation. You own your Customer Data. If you send us feedback, we may use it without obligation to you.
13. Warranties and disclaimers
We warrant that the Services will perform materially as described in your order form. If they don't, we'll work to fix the problem; if we can't, you may terminate and receive a refund of prepaid fees for the remaining term. Otherwise, to the extent the law allows, the Services are provided "as is".
14. Limitation of liability
To the extent the law allows, neither side is liable for indirect, incidental or consequential damages or lost profits, and each side's total liability is limited to the fees paid or payable in the 12 months before the claim. These limits don't apply to breaches of confidentiality, indemnity obligations or fraud.
15. Indemnification
We'll defend you against third-party claims that the Services infringe their intellectual property. You'll defend us against third-party claims arising from your Customer Data or your misuse of the Services.
16. Governing law
These Terms are governed by the laws of the State of Delaware. We'll both try to resolve any dispute informally for 30 days before going to the state or federal courts in Delaware.
17. Changes
We may update these Terms. For material changes we'll give at least 30 days' notice by email or in the Services. The date at the top shows the latest version.
18. Contact
DHCB, Inc. · Delaware, USA
[email protected] · +1 (617) 648-9674