These Terms of Service (the “Terms”) govern your access to and use of Orbit, a fan rewards service operated by Phaeros Inc. (“Phaeros,” “Orbit,” “we,” “us,” or “our”).
By creating an account, connecting a store, administering a rewards program, or otherwise using Orbit, you agree to these Terms. If you use Orbit on behalf of an organization, you represent that you have authority to bind that organization to these Terms. If you do not agree to these Terms, you may not use Orbit.
Shopify does not operate, provide, or support Orbit. Orbit does not process payments, sell merchandise, fulfill orders, or issue customer refunds.
1Orbit and Rewards Programs
Orbit provides technology that participating artists, representatives, labels, merchants, and other organizations use to operate fan rewards programs.
The participating organization determines the rewards, eligibility requirements, availability, redemption requirements, and other rules applicable to its program, subject to these Terms, its agreement with Phaeros, and applicable law.
Program-specific terms or rules may apply in addition to these Terms. If there is a conflict between these Terms and program-specific rules, these Terms will control unless the applicable program rules expressly state otherwise and Phaeros has authorized the variation.
Rewards may include products, discounts, digital benefits, experiences, access, or other benefits. Rewards and other program benefits are subject to availability and any applicable program rules.
The participating organization is responsible for its products, merchandise, fulfillment, shipping, warranties, refunds, customer service, promotions, events, and other program-specific obligations, unless Phaeros has expressly agreed otherwise in writing.
2Eligibility and Accounts
You may use Orbit only if you are legally permitted to enter into these Terms and use the service in your jurisdiction.
If you are below the age of majority or another applicable minimum age, you may use Orbit only with any consent or authorization required by applicable law.
You agree to provide accurate information and keep your account information reasonably current. You are responsible for maintaining the confidentiality of your account credentials and for activity occurring through your account, except where applicable law provides otherwise.
You must promptly notify us if you believe your account has been accessed without authorization.
Orbit may offer Google sign-in. Google may provide Orbit with information necessary to authenticate your account. Orbit does not receive your Google password. Your use of Google authentication is also subject to Google’s applicable terms and policies.
3Points and Qualifying Purchases
Unless an applicable program states otherwise, Orbit awards 100 points for each eligible U.S. dollar of eligible merchandise.
Orbit currently supports USD transactions only. Non-USD transactions are not eligible for Orbit points, and Orbit does not convert non-USD transactions for rewards purposes.
Orbit uses the final eligible line-item amounts reported by Shopify as the source of truth for rewards and does not independently recalculate Shopify discounts.
Points are awarded after Shopify confirms that an order has been paid.
Shipping, taxes, duties, tips, gift-card purchases, and other non-merchandise charges are not eligible for points. Purchasing a gift card does not earn points. Eligible merchandise purchased using a gift card may earn points, subject to the applicable program rules.
Orbit may receive transaction information from a connected store to determine eligibility and maintain the rewards ledger. Orbit does not process the underlying purchase, payment, shipping, fulfillment, or refund.
4Refunds and Adjustments
If Shopify reports a refund, chargeback, cancellation, reversal, or other adjustment, Orbit may adjust the points ledger based on the final eligible refunded line-item value reported by Shopify.
If an order is cancelled before points are awarded, no points are awarded. If points have already been awarded, the applicable points may be reversed.
A point reversal will not exceed the points originally awarded for the applicable eligible purchase.
A refund or other adjustment may cause an actual points balance to become negative. Orbit may display the negative ledger balance while displaying a tier or progress measure that floors at zero.
Later eligible earnings increase the same points balance normally. No redemption is available while the actual points balance is negative.
Orbit does not provide manual point adjustments. Orbit may, however, reverse or remove rewards attributable to fraud, abuse, unauthorized activity, or other invalid activity, or to reflect transaction events reported by Shopify.
5Rewards and Redemptions
Unless expressly stated otherwise:
- points and rewards are not cash, currency, property, or stored value;
- points and rewards have no independent monetary value;
- points and rewards may not be sold, transferred, purchased, or exchanged for cash; and
- participating organizations may impose reasonable eligibility, availability, timing, quantity, and redemption restrictions.
Points do not expire.
Earned digital rewards remain valid, subject to any applicable availability, redemption conditions, or restrictions.
Where a program permits rewards to be redeemed across multiple artists associated with the same label or workspace, the applicable program rules will specify that availability. Points and rewards are not transferable across unrelated labels, workspaces, or programs.
A participating organization may change, suspend, or discontinue a program or its program rules as permitted by applicable law and its agreement with Phaeros.
Program Termination
If a participating organization terminates a rewards program, the program will enter a 30-day wind-down period unless a different period is required by applicable law or an applicable written agreement.
During the wind-down period:
- no new Shopify-derived points will be awarded;
- existing points will remain associated with the applicable program; and
- existing eligible rewards will remain available for redemption, subject to the applicable reward conditions.
After the wind-down period, the program will close and redemption will be disabled.
6Privacy and Program Information
Our Privacy Policy explains how Orbit collects, uses, discloses, and retains personal information. Our Customer Data Policy and Data Retention Policy provide additional information about Shopify-derived information, data handling, and retention.
Information Shared With Participating Artists and Labels
Artists and labels may receive limited, artist-scoped or program-scoped fan participation and reward information needed to administer their relationship with participating fans, including an Orbit fan reference, points, tier information, qualifying activity, and reward activity.
Orbit does not directly expose Shopify-derived customer email addresses, phone numbers, physical addresses, payment information, shipping information, billing information, or other unnecessary Shopify customer information to artists or labels through the Orbit dashboard.
Label users may access only the artists and program information their accounts are authorized to access.
Orbit may provide aggregated audience-overlap information for associated artists, such as the number or percentage of fans shared between programs. This information does not identify an individual fan’s cross-artist identity or relationship.
A fan’s Orbit email address is not, by itself, marketing permission for a participating organization.
Artist Contact Information Shared With a Label
When an artist accepts an invitation to join a label or other participating organization through Orbit, Orbit may store the artist’s verified Orbit account email as a contact email snapshot associated with that artist-organization relationship.
Authorized members of the active organization workspace may access that relationship-level contact information for legitimate program and relationship administration purposes.
The contact email snapshot is associated with the accepted relationship rather than being a general export of the artist’s account information. If the relationship ends or the relevant account is erased, the relationship-level contact snapshot will be removed subject to applicable retention requirements.
If an artist invitation expires or is cancelled before acceptance, the invitation email is removed and no artist contact record is created for the organization.
7Shopify Connections and Merchant Data Processing
A participating organization’s Shopify connection allows Orbit to receive and process the minimum Shopify customer, order, product, store, and related information reasonably necessary to provide Orbit’s services.
This processing may include:
- attributing eligible purchases to Orbit accounts;
- calculating and maintaining rewards and points;
- processing refunds, cancellations, chargebacks, reversals, and related reward adjustments;
- responding to applicable Shopify privacy requests;
- maintaining security, fraud-prevention, and service integrity; and
- providing support and other services directly related to Orbit.
Orbit does not use Shopify-derived customer or commerce information for unrelated marketing purposes or sell that information.
Orbit does not process payment-card information and does not independently process payments or fulfill Shopify orders.
Orbit may temporarily use a raw Shopify customer email address when necessary for exact account matching. Raw Shopify customer emails are not retained in Orbit commerce records. Orbit does not use fuzzy matching based on names, phone numbers, physical addresses, or similar information.
Where technically necessary, Orbit may retain a protected or deidentified representation of information needed to support account matching, attribution, security, privacy requests, or the integrity of the rewards ledger.
The participating organization is responsible for ensuring that its use of Orbit and its connected Shopify store complies with applicable privacy, consumer-protection, marketing, and other legal requirements.
8Shopify Privacy Requests and Deletion
Shopify customer and merchant privacy requests are handled separately from general Orbit account deletion.
Where applicable, Orbit processes Shopify privacy requests through the required Shopify mechanisms, including customers/data_request, customers/redact, and shop/redact webhooks.
Where a Shopify privacy request requires deletion or deidentification of Shopify-derived information, Orbit may remove or deidentify the applicable customer, order, refund, purchase-attribution, or other Shopify-derived information.
Where necessary to preserve the integrity of the rewards ledger, Orbit may use a compensating ledger entry, anonymization, or another appropriate method to reflect the deletion without retaining the deleted underlying Shopify information.
Deletion of Shopify-derived information may remove associated order or reward history and may affect a reward balance that depended on the deleted information.
An independent Orbit account may remain where it is not itself subject to deletion.
Shopify shop redaction may require Orbit to remove or deidentify applicable store connection information, credentials, catalog or order information, refund information, webhook records, privacy exports, or other Shopify-derived records, subject to applicable retention requirements.
9Orbit Account Deletion
Orbit account deletion is currently handled as a verified, support-assisted process rather than fully automated self-service deletion.
You may request deletion through our privacy contact. We may need to verify your identity and review applicable workspace ownership, organization relationships, rewards, transactions, security records, and legal or retention requirements before completing the request.
If you delete your Orbit account, or your account is otherwise terminated, access to that account’s points, rewards, and program participation will end.
Account deletion does not necessarily mean that every record associated with the account is immediately or permanently deleted. We may retain information where we are permitted or required to do so for legal, security, accounting, dispute-resolution, fraud-prevention, audit, privacy-request, or other legitimate purposes.
Logging out, disconnecting Shopify, stopping use of Orbit, or terminating these Terms does not automatically delete your Orbit account or every associated record.
A subsequently created Orbit account is a new account and does not automatically restore a deleted account’s balance or history.
10Participating Organizations
This section applies when you connect a store, administer a program, or access Orbit on behalf of an organization.
You represent and warrant that:
- you have authority to act on behalf of the organization;
- you have authority to connect the organization’s store and authorize the processing necessary to operate the program;
- the information and instructions you provide to Orbit are accurate;
- the organization has provided any notices, obtained any consents, and made any disclosures required for its use of Orbit; and
- the organization’s use of Orbit complies with applicable law and its agreements with Phaeros.
You must not use Orbit or personal information available through it for unlawful, unrelated, discriminatory, or unauthorized purposes, including unauthorized marketing.
You may access only the information and artists your account is authorized to access. You are responsible for maintaining appropriate access controls and promptly revoking access for users who no longer require access.
The participating organization is responsible for its consumer-facing program terms, merchandise, fulfillment, promotions, events, legal compliance, and relationship with its customers and fans, unless a separate written agreement states otherwise.
Merchant Agreement and Data Processing
These Terms, together with our Privacy Policy, Customer Data Policy, Data Retention Policy, and Security Policy, form part of the agreement between Phaeros Inc. and each participating organization using Orbit, including organizations that connect a Shopify store or administer a rewards program.
For organizations using Orbit with a connected Shopify store, Phaeros processes Shopify customer and commerce information only as necessary to provide Orbit and related services, including purchase attribution, rewards administration, refund and adjustment handling, Shopify privacy request processing, security and fraud prevention, support, and service integrity.
Our Privacy Policy, Customer Data Policy, Data Retention Policy, and Security Policy describe the applicable categories of information processed, purposes of processing, retention and deletion practices, procedures for handling privacy requests, and security measures used to protect information.
Phaeros does not sell Shopify-derived customer information or use it for unrelated marketing purposes.
The participating organization remains responsible for determining the purposes and lawful basis for its own customer-facing processing, where applicable, providing required notices, obtaining any required consents, and complying with applicable privacy and marketing laws.
Any separate written agreement between Phaeros and a participating organization may supplement or expressly modify these provisions to the extent agreed in writing.
Workspace Pricing
If Phaeros charges an organization for a workspace or related service, the applicable written agreement or order form governs the commercial terms.
Unless otherwise stated in that agreement, prices are denominated in U.S. dollars. Any Canadian-dollar equivalent displayed for convenience is informational only and does not establish a fixed Canadian-dollar price.
11Acceptable Use
You may not:
- use Orbit unlawfully or in violation of another person’s rights;
- create fraudulent accounts or provide false or misleading information;
- manipulate purchases, rewards, redemptions, or transactions;
- obtain or attempt to obtain rewards through unauthorized means;
- use bots, scripts, or other automation to abuse or interfere with a rewards program;
- access another person’s account or information without authorization;
- bypass security, authentication, access controls, or other technical restrictions;
- interfere with Orbit or probe, scan, or test its systems for vulnerabilities without authorization;
- reverse engineer or attempt to derive source code from Orbit except where applicable law expressly permits it; or
- use personal information accessed through Orbit outside the permitted program purpose.
We may suspend, restrict, or terminate access, reverse or adjust rewards, or take other reasonable measures where necessary to protect Orbit, a participating program, users, or others, or where these Terms have been breached.
Where reasonably practicable, we may provide notice before taking action. We may act without prior notice where necessary to address security, fraud, abuse, legal, or other urgent concerns.
12Intellectual Property
Orbit and its software, technology, design, branding, content, documentation, and other materials are owned by or licensed to Phaeros and are protected by applicable intellectual property laws.
Subject to these Terms, Phaeros grants you a limited, non-exclusive, non-transferable, revocable right to access and use Orbit for its intended purpose.
You do not acquire ownership of Orbit or any intellectual property rights in Orbit through your use of the service.
You retain ownership of information and content you provide to Orbit, subject to the rights and permissions necessary for Phaeros to operate Orbit and provide the applicable services.
13Third-Party Services
Orbit may integrate with or rely on third-party services, including Shopify, Google, hosting providers, authentication providers, and other service providers.
Those services are subject to their own terms, privacy policies, availability limitations, and security practices.
Phaeros is not responsible for the independent operation, availability, functionality, security, or policies of third-party services.
If a third-party service becomes unavailable, changes its functionality, or changes its terms or technical requirements, some Orbit functionality may be affected.
14Service Availability and Changes
We work to keep Orbit reliable, but we do not guarantee that Orbit will be uninterrupted, secure, error-free, or available at all times.
Orbit may depend on Shopify, Google, hosting providers, telecommunications networks, and other third-party infrastructure outside our control.
We may modify, suspend, or discontinue all or part of Orbit for security, technical, operational, legal, or business reasons.
Where required by law or a separate written agreement, we will provide applicable notice.
Nothing in this section limits any rights or remedies that cannot legally be excluded.
15Disclaimers and Limitation of Liability
To the maximum extent permitted by applicable law, Orbit is provided on an “as is” and “as available” basis.
We do not guarantee that:
- Orbit will always be available, uninterrupted, or error-free;
- Orbit will meet your particular requirements;
- a particular reward, product, event, organization, discount, or access opportunity will remain available; or
- a particular rewards program will continue for any specific period.
Phaeros is not responsible for products, merchandise, fulfillment, shipping, warranties, refunds, events, promotions, or other obligations of a participating organization unless Phaeros has expressly agreed to assume that responsibility in writing.
To the maximum extent permitted by applicable law, Phaeros and its officers, directors, employees, contractors, and service providers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or relating to Orbit or these Terms.
Nothing in these Terms excludes, restricts, or limits any liability, right, or remedy that cannot legally be excluded, restricted, or limited.
16Termination
You may stop using Orbit at any time.
We may suspend or terminate your access to Orbit where permitted by these Terms or applicable law.
A participating organization’s program may also end in accordance with the applicable program rules or customer agreement.
Termination of an account, Shopify connection, program, or these Terms does not necessarily require immediate deletion of all information.
Disconnecting a Shopify store stops new Shopify-derived purchase attribution but does not automatically delete the Orbit account, points, or every associated record.
Information may be retained where permitted or required under our Privacy Policy, Customer Data Policy, Data Retention Policy, applicable law, or an applicable agreement.
Any provisions that by their nature should survive termination will survive, including provisions concerning intellectual property, acceptable use, disclaimers, limitation of liability, and information retention.
17Changes to These Terms
We may update these Terms from time to time to reflect changes to Orbit, our services, applicable law, or other operational requirements.
We will update the “Last updated” date when changes are made and provide additional notice where required by applicable law or a separate written agreement.
Where permitted by law, your continued use of Orbit after updated Terms become effective constitutes acceptance of the updated Terms.
If you do not agree to updated Terms, you must stop using Orbit.
18Governing Law and Contact
These Terms are governed by the laws of Ontario and the applicable federal laws of Canada, without regard to conflict-of-law principles, except to the extent applicable law requires otherwise.
The courts of Ontario will have jurisdiction over disputes relating to these Terms to the extent permitted by applicable law.
Nothing in this section limits any mandatory consumer rights or dispute-resolution rights that apply to you under applicable law.
Contact
Phaeros Inc.
Email: hello@phaeros.co
For questions about Orbit or these Terms, contact us at the email above.
For a suspected vulnerability or security incident, use the Security / Incident Contact process.