›By accessing, registering for, or using Somaku AI ("Somaku," "the Service"), provided and operated by Orbitrix ("Orbitrix," "we," "us," or "our"), users agree to be bound by these Terms of Service. Accessing or using any feature of Somaku constitutes full acceptance of these Terms. If a user does not agree to these Terms, such user must refrain from accessing or using the Service.
2. Eligibility and Digital Consent
›Independent Access Threshold: Users must be at least 18 years of age to create an account and independently use Somaku.
›Minors Aged 13 to 17: Individuals between 13 and 17 years of age may only register, access, or use Somaku with the verifiable consent and active supervision of a parent or legal guardian, in full compliance with Section 31 of the Nigeria Data Protection Act (NDPA) 2023.
›Children Under 13 Prohibited: Somaku is strictly not intended for or directed to children under 13 years of age. Individuals under the age of 13 are prohibited from creating an account, accessing the platform, or submitting personal data.
3. Account Registration and Security
›Account Credentials: Users may access Somaku as registered users via third-party single sign-on authentication (e.g., Google sign-in) or as guest users with limited features and session history.
›Accuracy of Information: Users agree to provide truthful, accurate, and complete information during registration and to maintain the security of their login credentials.
›Account Responsibility: Users are fully responsible for all activities, actions, and content processed under their account. Accounts are non-transferable, and users shall not share, sell, or permit third-party access to their accounts.
4. Prohibited Activities and Conduct
›Cybercrime & Fraud: Commit, attempt, or facilitate financial fraud, cybercrime, phishing, identity theft, or deceptive impersonation.
›Harmful Communications: Generate, request, or distribute content that constitutes harassment, defamation, threats, hate speech, or abuse targeting any individual or group.
›Infringement & Illegal Content: Solicit, create, or share material that infringes upon third-party intellectual property rights, privacy rights, or applicable statutory laws.
›System Interference: Introduce malware, viruses, or prompt injection exploits, or attempt to disable, disrupt, or overload the platform's infrastructure.
›Automated Scraping & Extraction: Scrape, reverse-engineer, decompile, or access Somaku through unauthorized automated bots, scripts, or data mining tools.
›Misinformation & Abuse: Engage in deliberate spreading of fraudulent schemes or mass misinformation.
›Regulatory Non-Compliance: Perform actions that violate applicable federal or state laws of Nigeria or international regulations.
›Orbitrix reserves the right to immediately suspend or permanently terminate access, without prior notice or refund, for any account found in violation of these prohibitions.
5. AI-Generated Content
›Third-Party Model Integration: Somaku incorporates AI models and APIs provided by OpenAI. Somaku is an independent software service developed and operated by Orbitrix, not affiliated with or endorsed by OpenAI.
›Operational Accuracy: AI-generated outputs may occasionally be inaccurate, incomplete, misleading, or out of date. Orbitrix makes no warranties regarding the correctness or reliability of any response generated by Somaku.
›No Professional Advice: Outputs delivered by Somaku are intended strictly for general informational and educational purposes. Somaku does not provide medical, legal, regulatory, tax, or financial advice.
›Duty to Verify: Users bear full responsibility for independently verifying any critical information generated by Somaku before taking action or relying on such content.
6. Subscription and Payments
›Billing and Currency: Somaku offers paid subscription plans (Plus and Pro). All fees are quoted and billed in Nigerian Naira (NGN) via Paystack on a recurring monthly billing cycle.
›Renewal and Cancellation: Subscriptions automatically renew at the end of each billing cycle unless cancelled prior to the renewal date. Upon cancellation, the subscription remains active until the end of the current prepaid period.
›Refund Policy: All subscription payments are generally non-refundable. Orbitrix does not issue partial refunds or prorated credits for unused days within a billing cycle.
›Payment Failures: If Paystack is unable to process a recurring charge, Orbitrix reserves the right to suspend paid features and downgrade the account to the free tier until payment is resolved.
›Price Modifications: Orbitrix reserves the right to adjust subscription pricing with a minimum of thirty (30) days' advance notice sent to the user's registered email address.
7. Message Limits and Usage Policies
›Usage resets automatically every six (6) hours across the following tiers:
›Guest Users: 5 messages per 6-hour window.
›Free Plan: 25 messages per 6-hour window.
›Plus Plan: 50 messages per 6-hour window.
›Pro Plan: 200 messages per 6-hour window.
›Unused message allocations do not roll over into subsequent 6-hour windows.
›Orbitrix reserves the right to modify usage limits at its sole discretion to protect system integrity, manage server load, or prevent abuse.
8. Service Availability and Modifications
›Somaku is provided on an "as is" and "as available" basis. Orbitrix does not guarantee uninterrupted, continuous, timely, or error-free access to the Service.
›Orbitrix reserves the right to modify, update, suspend, or temporarily discontinue any feature or part of Somaku at any time without prior liability.
›Planned maintenance or technical failures may result in temporary service interruptions. Orbitrix shall make reasonable efforts to notify affected users in a timely manner.
9. Account Suspension, Termination, and Data Retention
›Termination by Orbitrix: Orbitrix reserves the right to suspend or permanently terminate a user's access at any time for violations of these Terms, harmful content generation, system interference, or activities that impose operational liability.
›Voluntary Cancellation: Users may terminate their account at any time through their account settings. Voluntary cancellation of a paid account takes effect at the end of the current billing cycle.
›Financial Obligations: Accounts terminated due to breach of Terms forfeit any prepaid subscription fees with no refund obligation.
›Data Retention: Upon account closure, personal data will be deleted or anonymized in accordance with the Somaku Privacy Policy and Section 34 of the Nigeria Data Protection Act (NDPA) 2023.
10. Intellectual Property
›Platform Ownership: The Somaku name, service, software, designs, logos, and proprietary technology are the exclusive intellectual property of Orbitrix. Users shall not use Orbitrix or Somaku branding without prior written authorization.
›User Inputs: Users retain all rights in the prompts and content submitted to the Service. Users grant Orbitrix a non-exclusive, worldwide, royalty-free license to process Input solely to operate and deliver the Service.
›AI-Generated Outputs: Subject to compliance with these Terms, Orbitrix assigns to the user all rights in the specific Output generated based on the user's Input.
›AI-generated Output may not be unique across users. Orbitrix makes no warranties regarding the legal copyrightability or exclusivity of any Output.
11. Third-Party Services
›Somaku relies on third-party providers including OpenAI (AI output generation), Paystack (payment processing), ImageKit (file storage), and Resend (transactional emails).
›Orbitrix shall not be liable for service interruptions, API outages, data breaches, or failures caused by these third-party systems.
›Your use of features powered by third-party tools is subject to the respective terms of service and privacy policies of those providers.
12. Limitation of Liability
›Somaku is provided on an "as-is" and "as-available" basis, without warranties of any kind. Orbitrix disclaims all implied warranties of merchantability, fitness for a particular purpose, and system accuracy.
›Orbitrix shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business interruption.
›Cap on Liability: Total aggregate liability of Orbitrix to any user shall not exceed the total amount paid by the user to Orbitrix during the three (3) months immediately preceding the event giving rise to liability.
13. Indemnity
›Users agree to defend, indemnify, and hold harmless Orbitrix, its affiliates, directors, officers, and employees from any third-party claims arising out of:
›The user's breach of these Terms.
›The user's Input, including claims of intellectual property or privacy infringement.
›The user's misuse or unauthorized distribution of Output produced by Somaku.
›The user's violation of any applicable local or international laws or regulations.
14. Governing Law and Dispute Resolution
›These Terms shall be governed by the laws of the Federal Republic of Nigeria.
›Informal Resolution: Parties shall first attempt to resolve disputes through informal negotiations by contacting Orbitrix at orbitrixng@gmail.com.
›Binding Arbitration: If unresolved within thirty (30) days, disputes shall be referred to binding arbitration under the Arbitration and Mediation Act 2023 of Nigeria. The seat of arbitration shall be Lagos, Nigeria.
›To the extent court intervention is necessary, parties submit to the exclusive jurisdiction of courts sitting in Nigeria.
15. Changes to These Terms
›Orbitrix reserves the right to modify these Terms at any time.
›Where a revision is material, Orbitrix shall provide at least thirty (30) days' advance notice via platform notifications or email.
›By continuing to use Somaku after modified Terms become effective, users agree to be bound by the revised Terms.