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Terms of Service

Last updated: April 7, 2026

1. Introduction and Acceptance

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Northmark Analytics Inc., a federally incorporated Canadian corporation operating under the brand name Orbix Firm (“Company,” “we,” “us,” or “our”).

By accessing the Orbix Firm platform at https://orbixfirm.com/ (the “Platform”), creating an Account, purchasing a Challenge, or otherwise using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Platform.

You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction (whichever is higher), to use the Platform. By using the Platform, you represent and warrant that you meet this age requirement.

You further represent and warrant that you are not located in, a resident of, or a citizen of any Restricted Jurisdiction (as defined in Section 4).

2. Definitions

Throughout these Terms, the following capitalized terms have the meanings set forth below:

  • “Account” — Your registered user account on the Platform, identified by a unique email address and secured by a password.
  • “Challenge” — A paid evaluation program offered by the Company in which Users demonstrate sports analytics skill by making Predictions within defined risk parameters using a Virtual Balance. Challenges are offered in multiple tiers, each with distinct parameters.
  • “Challenge Fee” — The one-time, non-refundable fee paid by a User to access a Challenge. Challenge Fees are payments for the evaluation service and are not wagers, stakes, or investments.
  • “Evaluation” — The process of assessing a User's analytical performance during a Challenge, conducted across two sequential phases (Phase 1 and Phase 2), each with defined profit targets and risk limits.
  • “Evaluation Account” — The simulated account assigned to a User upon purchasing a Challenge, containing a Virtual Balance and governed by the applicable Challenge rules.
  • “Funded Account” — A simulated account granted to a User who has successfully passed both phases of an Evaluation, entitling the User to request Performance Payouts.
  • “KYC” — Know Your Customer identity verification required before any Performance Payout is processed.
  • “Performance Payout” (or “Payout”) — A payment made by the Company to a qualified User from Company operating revenue, based on the User's demonstrated performance on a Funded Account. Performance Payouts are rewards for analytical skill, not gambling winnings.
  • “Platform” — The Orbix Firm website, application, APIs, and all associated services operated by the Company.
  • “Prediction” — A User's simulated forecast on the outcome of a real sporting event, placed through the Platform against a Virtual Balance. Predictions are tracked against real outcomes but no real wager is placed.
  • “Restricted Jurisdiction” — Any jurisdiction from which access to or use of the Platform is prohibited, as set forth in Section 4.
  • “Rules” — The complete set of evaluation parameters, risk limits, and platform rules governing Challenges, Evaluations, and Funded Accounts, as published on the Platform's Rules page and summarized in Section 8.
  • “Services” — All services provided by the Company through the Platform, including but not limited to Challenges, Evaluations, Funded Accounts, and Performance Payouts.
  • “Virtual Balance” — The simulated capital allocated to an Evaluation Account or Funded Account. Virtual Balances are not real money, have no independent cash value, and cannot be withdrawn, transferred, or redeemed except through the Performance Payout process for qualified Funded Account holders.

3. Nature of the Service

This section is fundamental to your understanding of the Platform. Please read it carefully.

3.1. Orbix Firm is a skill-based performance evaluation platform for sports analytics. The Platform evaluates Users' ability to make accurate predictions on real sporting events within defined risk management parameters.

3.2. Users do not place real wagers. All Predictions are simulated — they are tracked against real sporting outcomes to measure analytical skill, but no real money is wagered on any event at any time.

3.3. Challenge Fees are service fees, not wagers, bets, stakes, or investments. When you purchase a Challenge, you are paying for access to the Company's evaluation service, including the use of a simulated Evaluation Account, access to sports data, and performance tracking.

3.4. Performance Payouts are skill-based rewards paid from Company operating revenue to Users who demonstrate sustained analytical performance. They are not gambling winnings, investment returns, or prize money.

3.5. The Platform is not a gambling service, sportsbook, betting exchange, or financial trading platform. No money is at risk beyond the one-time Challenge Fee. The Company does not accept wagers, facilitate betting between users, or operate any form of gambling activity.

3.6. Virtual Balances are not real money. They exist solely as a metric for evaluating performance within the Platform's evaluation framework. Virtual Balances have no cash value outside the evaluation context and cannot be exchanged, sold, or transferred.

3.7. The Company reserves the right to modify the structure, parameters, and availability of its Services at any time, subject to the notice provisions in Section 19.

4. Eligibility and Restricted Jurisdictions

4.1. To use the Platform, you must:

  1. Be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, whichever is higher;
  2. Have the legal capacity to enter into a binding agreement;
  3. Not be located in, a resident of, or a citizen of any Restricted Jurisdiction; and
  4. Comply with all applicable laws, regulations, and rules in your jurisdiction relating to your use of the Platform.

4.2. The following are Restricted Jurisdictions. Users from these jurisdictions are prohibited from creating an Account, purchasing a Challenge, or using the Platform in any capacity:

  1. Canada
  2. United States of America (including all states, territories, and possessions)
  3. Iran
  4. North Korea (Democratic People's Republic of Korea)
  5. Cuba
  6. Syria
  7. Crimea, Donetsk, and Luhansk regions
  8. Any other jurisdiction that the Company designates as restricted, which will be updated on this page

4.3. The Company reserves the right to restrict access from additional jurisdictions at any time, with or without prior notice, to comply with applicable laws or for any other reason at the Company's sole discretion.

4.4. By creating an Account or using the Platform, you represent and warrant that you are not located in, a resident of, or a citizen of any Restricted Jurisdiction, and that your use of the Platform does not violate any applicable law in your jurisdiction.

4.5. The use of virtual private networks (VPNs), proxy servers, or any other technology to circumvent geographic restrictions is strictly prohibited and constitutes grounds for immediate Account termination, forfeiture of any Virtual Balance, and denial of any pending or future Payouts.

4.6. The Company employs technical measures, including IP address verification and identity verification, to enforce geographic restrictions. If the Company determines, in its sole discretion, that a User is accessing the Platform from a Restricted Jurisdiction, the Company may immediately suspend or terminate the User's Account.

5. Account Registration and Security

5.1. One Account per person. Each individual may register and maintain only one Account on the Platform. Creating, operating, or controlling multiple Accounts (directly or indirectly) is strictly prohibited and grounds for immediate termination of all associated Accounts.

5.2. You must provide accurate, complete, and current information during registration and maintain the accuracy of such information. Providing false or misleading information is grounds for Account termination.

5.3. You are solely responsible for maintaining the confidentiality and security of your Account credentials. You agree to:

  1. Choose a strong, unique password;
  2. Not share your password or Account access with any other person;
  3. Notify the Company immediately at support@orbixfirm.com if you suspect unauthorized access to your Account; and
  4. Accept responsibility for all activity conducted through your Account.

5.4. Account sharing, selling, renting, or transferring is strictly prohibited. Accounts are personal to the registered User and may not be assigned or transferred to any third party.

5.5. The Company reserves the right to implement multi-account detection measures, including but not limited to IP address analysis, device fingerprinting, and behavioral pattern analysis. Users found operating multiple Accounts will have all Accounts terminated and all associated Virtual Balances, Evaluations, and Payout eligibility forfeited.

5.6. Identity verification (KYC) is required before any Performance Payout is processed. Before receiving your first Payout, you must complete the Company's identity verification process, which includes:

  1. Government-issued photo identification — a valid passport, national identity card, or driver's license;
  2. Proof of address — a utility bill, bank statement, or government-issued letter dated within the preceding ninety (90) days; and
  3. Selfie verification or liveness check — to confirm that you are the person depicted on the submitted identification document.

Identity verification is conducted through a third-party verification service. The Company reserves the right to request additional documentation and to deny Payouts if verification cannot be satisfactorily completed. By submitting verification documents, you consent to their processing as described in our Privacy Policy.

6. Challenge Fees and Payments

6.1. Challenge Fees are non-refundable except as expressly stated in Section 7 (Refund Policy). By purchasing a Challenge, you acknowledge and accept the non-refundable nature of the fee.

6.2. All Challenge Fees are denominated and charged in United States Dollars (USD).

6.3. Payments are processed by Paddle, a third-party payment processor (Paddle.com Market Limited). By making a payment, you agree to Paddle's terms of service and privacy policy. The Company does not store your full credit card number or payment credentials.

6.4. The Company is not responsible for any fees charged by your bank, payment provider, or currency exchange service in connection with your purchase, including but not limited to foreign transaction fees, currency conversion fees, or wire transfer charges.

6.5. Challenge Fee amounts are published on the Platform and may change at any time. Any fee changes will apply only to future purchases; existing Challenges purchased at a prior price will be honored at the original purchase price.

6.6. Challenges are one-time purchases, not subscriptions. No recurring charges will be applied to your payment method unless you make a separate, affirmative purchase.

6.7. You may purchase a new Challenge at any time, subject to availability, provided you do not already have an active Evaluation in progress for the same Challenge tier.

7. Refund Policy

7.1. Challenge Fees are non-refundable once the Evaluation has started. An Evaluation is considered started when the User places their first Prediction on the associated Evaluation Account.

7.2. If you have purchased a Challenge and have not yet placed any Predictions, you may contact support@orbixfirm.com to request a refund. Refund requests are reviewed at the Company's discretion.

7.3. No refunds will be issued for:

  1. Evaluations on which any Prediction has been placed, regardless of the outcome;
  2. Evaluations that have been terminated due to a violation of these Terms;
  3. Evaluations that have failed due to the User's performance (e.g., exceeding drawdown limits);
  4. Dissatisfaction with the Platform, its features, or evaluation outcomes; or
  5. Changes in the User's personal circumstances, including loss of interest, time constraints, or relocation to a Restricted Jurisdiction.

7.4. Chargebacks and fraudulent payment disputes. If you initiate a chargeback, payment dispute, or reversal with your bank or payment provider for a legitimate charge, the Company reserves the right to:

  1. Immediately suspend and/or terminate your Account;
  2. Forfeit any active Evaluations, Funded Accounts, and pending Payouts;
  3. Pursue recovery of the disputed amount plus any fees incurred by the Company; and
  4. Report the incident to fraud prevention databases.

The Company encourages Users to contact support@orbixfirm.com to resolve billing inquiries before initiating a dispute with their payment provider.

7.5. In the event of a confirmed payment failure or processing error by the Company or its payment processor, the Company will issue a full refund within a reasonable timeframe.

8. Evaluation Rules and Platform Rules

8.1. Each Challenge is governed by a specific set of evaluation parameters, including but not limited to:

  1. Virtual Balance — the starting simulated capital for the Evaluation Account;
  2. Profit target — the net profit amount that must be achieved to pass each phase;
  3. Maximum total drawdown — the maximum permitted decline from the account's peak balance;
  4. Maximum daily loss — the maximum loss permitted in a single trading day (measured from the daily starting balance);
  5. Maximum bet size — the maximum stake permitted on a single Prediction;
  6. Odds range — the permitted range of decimal odds for Predictions;
  7. Maximum active Predictions — the maximum number of unsettled Predictions at any time;
  8. Maximum event exposure — the maximum total stake permitted on a single sporting event;
  9. Consistency rule — no single Prediction's profit may exceed a specified percentage of total accumulated profit;
  10. Minimum betting days — the minimum number of distinct calendar days on which at least one Prediction must be settled; and
  11. Profit split — the percentage of Funded Account profits allocated to the User versus the Company.

8.2. The specific values for each parameter are published on the Platform's Challenges page and Rules page. Users are responsible for reviewing and understanding the applicable rules before purchasing a Challenge.

8.3. Evaluations are conducted in two sequential phases. A User must pass Phase 1 to advance to Phase 2. Upon passing Phase 2, the User qualifies for a Funded Account. Each phase has its own profit target; all other rules remain consistent.

8.4. The Platform's rules are enforced automatically by the evaluation system. The Company's automated determinations regarding rule compliance, evaluation pass/fail status, and account standing are presumed accurate. Users who believe an error has occurred may contact support@orbixfirm.com for review.

8.5. The Company reserves the right to modify evaluation rules and platform parameters with thirty (30) days' written notice to affected Users. Modifications will not retroactively affect Evaluations that are already in progress at the time of the change.

9. Funded Accounts

9.1. A User qualifies for a Funded Account by successfully passing both Phase 1 and Phase 2 of an Evaluation, and by completing the KYC identity verification process described in Section 5.6.

9.2. Funded Accounts are subject to the same risk management rules as Evaluation Accounts (maximum drawdown, daily loss limits, bet size limits, odds range, event exposure limits, and consistency rule), except that there is no profit target.

9.3. The profit split on Funded Accounts is 90% to the User and 10% to the Company, applied to net profits at the time of each Payout request.

9.4. The Company reserves the right to revoke Funded Account status at any time if:

  1. The User violates any provision of these Terms;
  2. The User breaches any evaluation or risk management rule;
  3. The User fails to complete or pass KYC verification;
  4. The Company detects fraudulent, abusive, or manipulative activity; or
  5. The User's Account is terminated for any reason.

9.5. Funded Accounts are personal and non-transferable. Any attempt to transfer, sell, or share a Funded Account will result in immediate termination.

9.6. The Company reserves the right to modify Funded Account terms, including the profit split percentage, with thirty (30) days' written notice to affected Users. Modifications will apply to Payout requests submitted after the effective date of the change.

10. Payouts

10.1. Eligibility. To request a Performance Payout, a User must:

  1. Hold an active Funded Account in good standing;
  2. Have a Funded Account balance that exceeds the account's starting Virtual Balance;
  3. Have completed KYC identity verification (Section 5.6);
  4. Have a minimum withdrawable amount of fifty United States Dollars (USD $50); and
  5. Not be subject to any pending investigation, suspension, or Account restriction.

10.2. Payout requests are submitted through the Platform. The Payout amount is calculated as the User's share of net profits (90%) on the Funded Account at the time of the request.

10.3. Processing. Payout requests are reviewed and processed within a fourteen (14) calendar day processing window. The Company reserves the right to extend this period in cases requiring additional review, investigation, or verification.

10.4. Payout methods. Payouts are processed via Wise (bank transfer) or cryptocurrency (USDT/USDC). The Company reserves the right to add or remove payout methods at any time. Users select their preferred method during the payout request process.

10.5. Tax responsibility. Performance Payouts may constitute taxable income in your jurisdiction. You are solely responsible for determining, reporting, and paying any taxes, duties, or levies arising from Payouts received from the Company. The Company does not provide tax advice and is not responsible for your tax obligations.

10.6. Withholding and review. The Company may withhold, delay, or deny a Payout if:

  1. The User has not completed KYC verification;
  2. The Company suspects fraudulent, manipulative, or abusive activity;
  3. The Payout request is under investigation;
  4. The User's Account is suspended or restricted; or
  5. Processing the Payout would violate applicable law.

10.7. Offset. The Company reserves the right to offset Payout amounts against losses, fees, or damages owed by the User to the Company, including but not limited to chargeback fees and penalties for Terms violations.

11. Prohibited Conduct

You agree not to engage in any of the following while using the Platform. Violation of this section may result in immediate Account suspension or termination, forfeiture of Virtual Balances and Payout eligibility, and any other remedies available to the Company.

11.1. Multi-accounting — Creating, operating, or controlling more than one Account, whether directly or through another person.

11.2. Account misuse — Sharing, selling, renting, lending, or transferring your Account or Account credentials to any other person.

11.3. Geographic restriction circumvention — Using a VPN, proxy server, or any other technology or method to disguise your location or to access the Platform from a Restricted Jurisdiction.

11.4. Exploitation of errors — Knowingly exploiting bugs, glitches, errors, vulnerabilities, or unintended features of the Platform to gain an unfair advantage or manipulate evaluation results.

11.5. Automation — Using bots, scripts, automated tools, macros, or any other software to interact with the Platform, place Predictions, or perform any action on the Platform without express written authorization from the Company.

11.6. Collusion — Coordinating or conspiring with other Users to manipulate evaluation results, share information for competitive advantage, or otherwise undermine the integrity of the evaluation process.

11.7. Arbitrage exploitation — Exploiting odds discrepancies between the Platform and other services, or engaging in any form of arbitrage strategy designed to guarantee outcomes rather than demonstrate analytical skill.

11.8. Manipulation — Any attempt to manipulate evaluation results, Virtual Balances, or Platform systems through any means, whether technical or otherwise.

11.9. False information — Providing false, misleading, or fraudulent identity information, verification documents, or any other information to the Company.

11.10. Chargeback fraud — Initiating a chargeback, payment dispute, or reversal for a legitimate charge without first attempting to resolve the matter with the Company.

11.11. Abusive behavior — Engaging in abusive, threatening, harassing, or defamatory conduct toward Company staff, contractors, or other Users.

11.12. Illegal activity — Using the Platform for any purpose that violates applicable local, national, or international law or regulation.

11.13. Reverse engineering — Decompiling, disassembling, reverse engineering, or otherwise attempting to derive the source code, algorithms, or underlying structure of the Platform.

11.14. Scraping and harvesting — Using automated means to scrape, crawl, or extract data from the Platform, including sports data, user information, or odds data.

11.15. Interference — Attempting to interfere with, disrupt, or compromise the integrity, security, or performance of the Platform or its infrastructure.

12. Account Suspension and Termination

12.1. The Company may, at its sole discretion, suspend or terminate your Account, with or without prior notice, for any of the following reasons:

  1. Violation of any provision of these Terms;
  2. Engaging in any Prohibited Conduct (Section 11);
  3. Failure to complete KYC verification when requested;
  4. Providing false or fraudulent information;
  5. Activity that the Company reasonably believes constitutes fraud or abuse;
  6. A request or order from a law enforcement or regulatory authority;
  7. Extended inactivity, as determined by the Company; or
  8. Any other reason the Company deems necessary to protect the integrity of the Platform or compliance with applicable law.

12.2. Consequences of termination for cause. If your Account is terminated due to a violation of these Terms or Prohibited Conduct:

  1. All active Evaluations and Funded Accounts will be immediately terminated;
  2. All Virtual Balances will be forfeited;
  3. All pending Payout requests will be denied;
  4. No refund of Challenge Fees will be issued; and
  5. You will be permanently banned from creating a new Account.

12.3. Appeals. Account suspension and termination decisions are made at the Company's sole discretion. Users may contact support@orbixfirm.com to present additional information for the Company's consideration. The Company is under no obligation to reverse a suspension or termination decision, and its determination is final.

12.4. Voluntary termination. You may close your Account at any time by contacting support@orbixfirm.com. Account closure does not entitle you to a refund of any Challenge Fees. Any pending Payout requests that have been approved will be processed; unapproved requests will be cancelled.

12.5. Data retention. Upon Account termination, the Company will retain your data in accordance with the Privacy Policy and applicable data retention laws. Certain data may be retained for legal, regulatory, fraud prevention, or legitimate business purposes.

13. Intellectual Property

13.1. All content, software, code, design, text, graphics, logos, trademarks, trade names, and other materials on the Platform (collectively, “Company Content”) are the property of Northmark Analytics Inc. or its licensors and are protected by applicable intellectual property laws.

13.2. The Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform solely for your personal, non-commercial use in accordance with these Terms. This license does not include the right to:

  1. Modify, copy, distribute, or create derivative works based on Company Content;
  2. Use Company Content for any commercial purpose;
  3. Scrape, download, or extract Company Content through automated means; or
  4. Remove any copyright, trademark, or other proprietary notices from Company Content.

13.3. The “Orbix Firm” name, logo, and associated branding are trademarks of Northmark Analytics Inc. Unauthorized use is prohibited.

13.4. You retain ownership of any content you create and submit to the Platform (e.g., profile information). By submitting content, you grant the Company a non-exclusive, worldwide, royalty-free license to use, store, and process such content solely as necessary to provide the Services.

14. Third-Party Services

14.1. The Platform integrates with and relies upon third-party services, including but not limited to:

  1. Paddle — for payment processing;
  2. Third-party sports data providers — for sporting event information, odds data, and event results; and
  3. Third-party identity verification services — for KYC processing.

14.2. Your use of the Platform may be subject to the terms of service, privacy policies, and other agreements of these third-party providers. The Company encourages you to review applicable third-party terms.

14.3. The Company is not responsible for the availability, accuracy, or reliability of third-party services. Service interruptions, data inaccuracies, or errors originating from third-party providers do not give rise to any claim against the Company, except as otherwise required by applicable law.

14.4. The Company does not share your personal information with third-party sports data providers. For details on data sharing practices, refer to our Privacy Policy.

15. Disclaimer of Warranties

15.1. THE PLATFORM AND ALL SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

15.2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO:

  1. IMPLIED WARRANTIES of merchantability, fitness for a particular purpose, and non-infringement;
  2. WARRANTIES that the Platform will be uninterrupted, error-free, secure, or free of viruses or other harmful components;
  3. WARRANTIES regarding the accuracy, completeness, or timeliness of sports data, odds, event results, or any other information provided through the Platform;
  4. WARRANTIES that the Platform's evaluation results will be free of errors or that the automated evaluation system will function without discrepancy; and
  5. WARRANTIES regarding the suitability of the Platform for any particular purpose.

15.3. Sports data is sourced from third-party providers and may contain inaccuracies, delays, or errors. The Company does not guarantee the accuracy of any odds, event information, or results displayed on the Platform. Virtual Balances and Evaluation outcomes may be affected by third-party data discrepancies, and the Company shall not be liable for any such effects.

15.4. The Company does not guarantee any particular outcome, earnings, or results from using the Platform. Past performance on the Platform does not guarantee future results.

16. Limitation of Liability

16.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND AFFILIATES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE TOTAL AMOUNT OF CHALLENGE FEES PAID BY YOU TO THE COMPANY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

16.2. IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY:

  1. INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
  2. LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, WHETHER ACTUAL OR ANTICIPATED;
  3. LOSS OF VIRTUAL BALANCE or negative Evaluation outcomes;
  4. DAMAGES RESULTING FROM SERVICE INTERRUPTIONS, Platform downtime, or technical failures;
  5. DAMAGES RESULTING FROM UNAUTHORIZED ACCESS to your Account due to your failure to maintain Account security; or
  6. DAMAGES ARISING FROM THIRD-PARTY SERVICE FAILURES, including payment processing errors, sports data inaccuracies, or identity verification service issues;

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

16.3. Force majeure. The Company shall not be liable for any failure or delay in performing its obligations under these Terms caused by events beyond its reasonable control, including but not limited to natural disasters, acts of government, war, terrorism, pandemics, epidemics, labor disputes, power failures, internet or telecommunications failures, cyberattacks, or disruptions to third-party services.

16.4. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such jurisdictions, the Company's liability is limited to the maximum extent permitted by applicable law.

17. Indemnification

17.1. You agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, affiliates, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or relating to:

  1. Your use of the Platform;
  2. Your violation of these Terms or any applicable law;
  3. Your violation of any third-party rights;
  4. Any content you submit to the Platform;
  5. Your fraudulent, negligent, or wrongful acts or omissions; or
  6. Any tax obligations or liabilities arising from Performance Payouts received by you.

17.2. The Company reserves the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense. You agree to cooperate with the Company's defense of any such claim.

18. Dispute Resolution

18.1. Governing law. These Terms and any dispute arising out of or in connection with them shall be governed by and construed in accordance with the laws of Canada and the Province of Quebec, without regard to conflict-of-law principles.

18.2. Informal resolution. Before initiating any formal dispute resolution proceeding, you agree to first contact the Company at support@orbixfirm.com and attempt to resolve the dispute informally for a period of at least thirty (30) days.

18.3. Mandatory arbitration. If the dispute is not resolved informally, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform shall be resolved by binding ad hoc arbitration conducted in Montreal, Quebec, Canada, in accordance with the arbitration provisions of the Quebec Code of Civil Procedure.

18.4. The arbitration shall be conducted in the English language before a single arbitrator. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

18.5. Class action waiver. YOU AND THE COMPANY AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

18.6. Exceptions to arbitration. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in the courts of Quebec, Canada, to protect intellectual property rights or to prevent irreparable harm. The Company may also bring claims in court for the collection of unpaid fees.

18.7. Small claims. Either party may bring an individual action in small claims court for disputes within the jurisdictional limits of such court, as an alternative to arbitration.

19. Modifications to Terms

19.1. The Company reserves the right to modify, amend, or update these Terms at any time.

19.2. If we make material changes to these Terms, we will provide at least thirty (30) days' prior notice by:

  1. Posting the updated Terms on the Platform with a revised “Last Updated” date; and
  2. Sending an email notification to the email address associated with your Account.

19.3. Continued use of the Platform after the expiration of the notice period constitutes your acceptance of the modified Terms. If you do not agree with the modified Terms, you must stop using the Platform and close your Account before the modified Terms take effect.

19.4. Non-material changes (such as typographical corrections or formatting) may be made without prior notice.

19.5. For Users with active Evaluations or Funded Accounts at the time of a material change, the prior Terms will continue to apply to those active Evaluations until their completion, unless the change is required by law.

20. Severability and General Provisions

20.1. Severability. If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

20.2. Entire agreement. These Terms, together with the Privacy Policy, Cookie Policy, Acceptable Use Policy, and Risk Disclosure (each as published on the Platform and incorporated herein by reference), constitute the entire agreement between you and the Company regarding your use of the Platform, superseding all prior agreements, understandings, and communications.

20.3. Waiver. The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any provision shall only be effective if made in writing and signed by the Company.

20.4. Assignment. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of the Company. The Company may assign its rights and obligations under these Terms without restriction, including in connection with a merger, acquisition, corporate reorganization, or sale of assets.

20.5. Headings. The section headings in these Terms are for convenience only and have no legal or contractual effect.

20.6. Language. These Terms are drafted in English. If these Terms are translated into any other language and there is a conflict between the English version and the translated version, the English version shall prevail.

21. Contact Information

If you have questions, concerns, or complaints about these Terms or the Platform, please contact us:

Northmark Analytics Inc.
Operating as Orbix Firm

Email: support@orbixfirm.com