Effective Date: June 1, 2026 · Orbitlex LLC
These Terms of Service ("Terms") govern your access to and use of the Orbitlex website, services, reports, assessments, communications, workflows, and related materials provided by Orbitlex LLC ("Orbitlex," "we," "our," or "us").
By accessing our website, submitting information, purchasing services, requesting assessments, scheduling consultations, or otherwise engaging with Orbitlex, you ("Customer" or "you") agree to be bound by these Terms.
If you do not agree to these Terms, you should not use our website or services.
"Customer" means the business entity engaging Orbitlex Services. These Terms are intended for business-to-business engagements; the Services are not offered to individual consumers, and Customer represents that it engages Orbitlex in its commercial capacity.
Orbitlex LLC is a U.S.-based compliance operations and informational services company focused on Extended Producer Responsibility (EPR), packaging compliance, and related operational support services under United States state regulatory programs.
Orbitlex is not a law firm and does not provide legal advice. No attorney-client relationship is created through use of our website, communications, reports, assessments, consultations, or services.
Orbitlex may provide services including compliance status assessments, operational compliance reviews, EPR-related reporting support, compliance onboarding assistance, packaging and SKU review workflows, compliance management support, eco-modulation analysis, informational reports and operational guidance, and workflow coordination and related support services (collectively, the "Services").
Geographic and Regulatory Scope. The Services are designed exclusively for businesses that sell, distribute, or place packaged goods on one or more United States state markets, and are limited to compliance support concerning U.S. state Extended Producer Responsibility programs and related U.S. operational requirements. Orbitlex does not provide services concerning EU Packaging and Packaging Waste Regulation (PPWR), UK packaging EPR or Plastic Packaging Tax, Canadian provincial EPR regimes, or any other non-U.S. regulatory framework, unless expressly agreed in a separate written instrument signed by Orbitlex. Customers requiring non-U.S. compliance support should engage providers specializing in those jurisdictions.
Services may evolve, change, or be discontinued at our discretion. Certain Services may be subject to separate written agreements, proposals, statements of work, onboarding documents, subscription terms, or pricing schedules. In the event of a conflict between these Terms and a separately executed written agreement, the written agreement will control.
Orbitlex reserves the right to decline, cancel, or discontinue any Service or engagement at its sole discretion, including prior to commencement of work. If Orbitlex cancels an engagement before work has commenced, a full refund of any amounts paid will be issued. If Orbitlex cancels after work has commenced, a partial refund may be issued based on the scope of work not yet completed.
By engaging Orbitlex, Customer represents and warrants that:
(a) it is a business entity, not an individual consumer;
(b) it sells, distributes, or places packaged goods on one or more United States markets, or otherwise has a legitimate basis for engaging Services concerning U.S. state EPR programs;
(c) the obligations for which it seeks Orbitlex's support arise under U.S. state EPR programs or related U.S. regulatory regimes;
(d) the individual entering into these Terms on Customer's behalf has the legal authority to bind Customer; and
(e) Customer is not listed on any U.S. sanctions list maintained by the Office of Foreign Assets Control (OFAC), located in any jurisdiction subject to comprehensive U.S. sanctions, owned or controlled by any sanctioned entity, or otherwise prohibited from receiving services under U.S. law or export controls.
A material misrepresentation under this Section is grounds for immediate suspension or termination of Services under Section 17, without refund.
All information, reports, assessments, workflows, guidance, communications, and materials provided by Orbitlex are for general informational and operational support purposes only. Orbitlex Services are operational and informational in nature and are not professional legal, engineering, accounting, or environmental consulting services. Orbitlex does not provide legal advice, tax advice, accounting advice, regulatory opinions, engineering certifications, or environmental legal determinations.
Scope of "EPR" References. References in these Terms to "EPR," "EPR programs," and "regulatory requirements" refer to United States state Extended Producer Responsibility programs and related U.S. requirements. The Services do not address, and Orbitlex disclaims any responsibility for, compliance with non-U.S. regulatory regimes including but not limited to EU PPWR, UK packaging EPR or Plastic Packaging Tax, Canadian provincial EPR programs, or any other foreign packaging compliance framework.
EPR laws, regulations, reporting requirements, exemptions, and enforcement practices vary by jurisdiction and may change frequently. Customer remains solely responsible for evaluating legal obligations, obtaining legal review where appropriate, confirming regulatory applicability, ensuring the accuracy of filings and submissions, and maintaining ongoing compliance with applicable laws.
Use of Orbitlex Services does not guarantee regulatory compliance, immunity from enforcement actions, or avoidance of penalties.
Orbitlex does not guarantee acceptance of filings, approvals, registrations, fee determinations, reporting outcomes, or interpretations by any regulator, Producer Responsibility Organization (PRO), stewardship organization, or governmental authority. Regulatory decisions, filing outcomes, and compliance determinations remain solely within the jurisdiction of applicable regulatory bodies.
Customer should not rely exclusively on Orbitlex deliverables for legal, regulatory, accounting, engineering, or environmental determinations, including but not limited to eco-modulation assessments, recyclability classifications, material categorizations, exemption determinations, or fee calculations. Independent legal or regulatory review is recommended where appropriate.
Customer agrees to provide accurate, current, and complete information necessary for service delivery. This may include SKU-level information, packaging specifications, material composition data, supplier information, sales geography information, shipment or distribution information, operational records, and supporting documentation.
Customer acknowledges that reports and assessments depend substantially on customer-provided data; that inaccurate or incomplete information may affect outputs, timelines, recommendations, or operational results; and that Orbitlex is not responsible for inaccuracies resulting from incomplete, outdated, inconsistent, or incorrect customer information. Customer is responsible for reviewing deliverables and notifying Orbitlex of any known inaccuracies or omissions.
Any timelines, turnaround estimates, projected completion dates, or delivery windows provided by Orbitlex are estimates only unless expressly stated otherwise in writing. Project timelines may depend on responsiveness of Customer, availability of required data, complexity of product catalogs or packaging structures, third-party platform access, evolving regulatory requirements, and operational dependencies outside Orbitlex's control.
Orbitlex is not liable for delays resulting from incomplete customer information, third-party systems, force majeure events, regulatory changes, or operational circumstances beyond reasonable control.
Fees, pricing, subscriptions, retainers, or service charges may be presented through proposals, invoices, checkout pages, subscription workflows, onboarding materials, or written communications. Customer agrees to pay all applicable fees associated with requested Services.
Unless otherwise stated in writing: late payments may result in suspension of Services; and Orbitlex may pause or terminate work for non-payment. Customer is responsible for applicable taxes unless otherwise stated. Payment processing is handled by Stripe, Inc.
Refund Policy. Full refunds may be requested within 3 business days of payment, provided work has not yet commenced. Work shall be deemed commenced upon initiation of onboarding, questionnaire review, compliance analysis, regulatory assessment, data review, client-specific research, or other substantive work performed by Orbitlex. Once work has commenced, fees become non-refundable. In certain cases, Orbitlex may, at its sole discretion, issue a partial refund based on the scope of work completed. Delays or failure by Customer to provide requested information, documentation, or responses in a timely manner may suspend delivery timelines and may void eligibility for any refund. Approved refunds are typically processed within 5–10 business days. Processing times may vary depending on the payment provider and financial institution. To request a refund, contact hello@orbitlex.com.
Subscription Services. Recurring subscription Services (including Managed Compliance and similar ongoing engagements) renew automatically on the schedule specified at sign-up — typically annually — at the then-current rate, unless Customer cancels in accordance with the cancellation procedure provided at sign-up.
(a) Disclosure and Consent. Auto-renewal terms, including renewal frequency, recurring charge amount, and cancellation procedure, will be presented to Customer in a clear and conspicuous manner at the point of sign-up. Customer's affirmative consent to such terms is required as a separate acceptance, distinct from acceptance of these Terms generally.
(b) Advance Notice of Renewal. Orbitlex will provide reasonable advance notice of upcoming automatic renewal where required by applicable U.S. state law, including, where applicable, the California Automatic Renewal Law (Cal. Bus. & Prof. Code §§17600 et seq.) and similar laws of other U.S. states.
(c) Cancellation. Customer may cancel any subscription Service prior to the renewal date by following the cancellation procedure provided at sign-up — typically by self-serve mechanism in Customer's account, by emailing hello@orbitlex.com, or by such other method as the law of Customer's jurisdiction may require be made available — without obligation to provide reason. Cancellation will be effective at the end of the then-current paid period unless otherwise required by law. Cancellation procedures will be no more difficult than the procedure used to enroll in the subscription Service.
(d) No Refund for Unused Portion of Renewed Term. Except where required by applicable law, refunds are not provided for the unused portion of a renewed subscription term following an automatic renewal.
(e) Material Changes. Orbitlex will provide reasonable advance notice to Customer of any material change in price or terms applicable to an active subscription Service. Customer may cancel the affected subscription Service before the change takes effect.
All website content, workflows, methodologies, designs, branding, graphics, software, systems, reports, templates, operational frameworks, compliance architectures, reporting structures, classification systems, analytical models, and related materials provided by Orbitlex remain the property of Orbitlex or its licensors unless otherwise stated. Subject to payment of applicable fees, Customer may use deliverables internally for its own business operations.
Customer may not resell Orbitlex materials, reproduce proprietary workflows, distribute reports publicly without authorization, reverse engineer systems or methodologies, or use Orbitlex materials to build competing services. Customer retains ownership of information and materials it submits to Orbitlex. Customer grants Orbitlex a limited right to use submitted information as reasonably necessary to provide Services, maintain operational records, improve workflows, and comply with legal obligations.
Orbitlex will use commercially reasonable efforts to protect confidential business information submitted by Customer. However, unless otherwise agreed in a separate written confidentiality agreement: submissions through public forms or email may not be encrypted; no system can guarantee absolute security; and Customer should avoid transmitting highly sensitive information unless necessary. Orbitlex may use third-party service providers and cloud-based systems in connection with operations and service delivery.
Customer agrees not to use the website or Services for unlawful purposes, interfere with website operations or security, attempt unauthorized access to systems or data, upload malicious code or harmful materials, misuse reports, assessments, or deliverables, impersonate another individual or entity, or use Orbitlex Services to violate applicable law. Orbitlex may suspend or terminate access for conduct that violates these Terms or creates operational, legal, or security risks.
Orbitlex may rely on third-party providers, platforms, APIs, analytics tools, communication systems, automation tools, AI technologies, cloud infrastructure providers, and payment processors. Third-party services operate independently under their own terms and policies. Orbitlex is not responsible for outages, interruptions, platform failures, data loss, security incidents, operational limitations, or actions or omissions of third-party providers.
Orbitlex may use artificial intelligence, automation systems, language model technologies, and workflow tools in connection with document processing, data organization, operational analysis, drafting assistance, summarization, workflow automation, and compliance support operations.
AI-generated or automated outputs may contain inaccuracies, omissions, or outdated information. Customer is responsible for reviewing deliverables and confirming applicability before relying on operational recommendations or submitting filings. Orbitlex does not use automated systems to make legally binding decisions regarding consumers.
THE WEBSITE, SERVICES, REPORTS, MATERIALS, ASSESSMENTS, AND DELIVERABLES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORBITLEX DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, AVAILABILITY, AND REGULATORY SUITABILITY.
Orbitlex does not warrant that Services will be uninterrupted or error-free; that reports will be fully complete or exhaustive; that regulatory interpretations will remain unchanged; or that use of Services will ensure compliance or eliminate regulatory risk.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ORBITLEX SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL DAMAGES, LOST PROFITS, LOST REVENUE, LOSS OF BUSINESS OPPORTUNITIES, REGULATORY PENALTIES, BUSINESS INTERRUPTION, OR DATA LOSS.
ORBITLEX'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE WEBSITE OR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO ORBITLEX FOR THE SPECIFIC SERVICE DIRECTLY GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
Certain jurisdictions may not allow certain limitations of liability. In such jurisdictions, liability will be limited to the maximum extent permitted by law.
Customer agrees to defend, indemnify, and hold harmless Orbitlex LLC and its officers, members, contractors, service providers, affiliates, and representatives from and against claims, liabilities, damages, losses, costs, and expenses arising out of Customer's use of the website or Services, Customer's violation of these Terms, Customer's violation of applicable law, inaccurate or incomplete information Customer provides, or misuse of reports or deliverables.
Orbitlex LLC maintains commercial insurance covering its compliance operations. Current coverage is underwritten by biBerk, a Berkshire Hathaway company, and includes:
(a) Professional Liability (Errors & Omissions) — limits of $1,000,000 per claim and $3,000,000 aggregate, written on a claims-made basis, covering claims arising from professional services rendered under these Terms, including reports, deliverables, advisory output, and regulatory submissions prepared by Orbitlex on behalf of Customer.
(b) Commercial General Liability — limits of $1,000,000 per occurrence and $2,000,000 aggregate and $2,000,000 products and completed operations aggregate, covering bodily injury, property damage, and personal and advertising injury liability arising from Orbitlex's business operations.
(c) Cyber and Data Compromise Coverage — aggregate limit of $50,000, providing response, investigation, notification, and defense costs in the event of a data compromise affecting Customer information held by Orbitlex.
Certificates of insurance are available to Customer upon written request for vendor compliance, procurement, or risk-review purposes. Orbitlex reserves the right to change carriers, limits, or coverage structure from time to time, provided that aggregate limits shall not be reduced below those stated above without prior written notice to active Customers. Nothing in this Section enlarges or modifies the limitations of liability set forth in Section 14, and the existence of insurance shall not be construed as a waiver of any such limitation, disclaimer, or defense available to Orbitlex.
Orbitlex may suspend or terminate access to the website or Services at any time for violation of these Terms, non-payment, operational or security concerns, suspected unlawful activity, misuse of Services, or material misrepresentation under Section 3. Termination does not relieve Customer of outstanding payment obligations. Sections intended by their nature to survive termination shall survive, including intellectual property provisions, disclaimers, limitations of liability, indemnification obligations, and dispute-related provisions.
Orbitlex shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including regulatory changes, governmental actions or inactions, platform outages, third-party provider failures, internet or telecommunications disruptions, cyber incidents, natural disasters, labor disruptions, pandemics, or other force majeure events. In such circumstances, Orbitlex will use commercially reasonable efforts to resume performance as soon as practicable.
These Terms shall be governed by and construed in accordance with the laws of the State of Florida, without regard to conflict of law principles.
Customers Organized in the United States. If Customer is organized under the laws of a U.S. state or territory, any dispute arising out of or relating to these Terms or the use of Orbitlex Services shall be brought exclusively in the state or federal courts located in Duval County, Florida. Customer consents to the jurisdiction and venue of such courts.
Customers Organized Outside the United States. If Customer is not organized under the laws of a U.S. state or territory, any dispute arising out of or relating to these Terms or the use of Orbitlex Services shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with the seat of arbitration in Jacksonville, Florida, conducted in the English language. The arbitral award shall be final and may be entered in any court of competent jurisdiction. Each party shall bear its own costs of arbitration unless the arbitrator determines otherwise.
Orbitlex may modify these Terms from time to time. Updated Terms will become effective upon posting to the website unless otherwise stated. For material changes affecting active subscription Services, Orbitlex will provide reasonable advance notice to Customer by email, and Customer may cancel the affected subscription Service before the change takes effect. Continued use of the website or Services following updates constitutes acceptance of the revised Terms.
If any provision of these Terms is found unenforceable or invalid, the remaining provisions shall remain in full force and effect.
These Terms, together with any applicable written agreements, proposals, statements of work, or policies referenced herein, constitute the entire agreement between the parties regarding the subject matter addressed.
If you have questions regarding these Terms, you may contact:
Orbitlex LLC
2800 N 6th Street, Suite 7750
Saint Augustine, FL 32084
USA
General Inquiries: hello@orbitlex.com
Legal Notices: legal@orbitlex.com