Terms & Conditions

1. Definitions

In this Agreement, the following terms carry specific meanings:

"Orbyn," "we," "us," or "our" refers to Orbyn, an artificial intelligence consultancy based at 22 Jalan Molek 1/5A, Taman Molek, 81100 Johor Bahru, Malaysia.

"User," "you," or "your" refers to any individual or organisation accessing our website or engaging our services.

"Services" refers to the AI consulting, prototyping, advisory, and related professional services offered by Orbyn.

"Website" refers to the web pages accessible at https://orbynens.live and any associated subdomains.

"Agreement" refers to these Terms and Conditions in their entirety, together with any separate service contract entered into between you and Orbyn.

2. Acceptance of Terms

By accessing or using our website, submitting enquiries through our contact form, or engaging our services, you agree to be bound by these Terms and Conditions. If you do not agree with any part of these terms, please refrain from using our website or services.

You must be at least 18 years of age and have the legal capacity to enter into binding agreements in your jurisdiction to use our services. If you are acting on behalf of an organisation, you represent that you have the authority to accept these terms on that organisation's behalf.

3. Description of Services

Orbyn provides AI-related consulting services, including but not limited to: Intelligent Process Mapping, Custom AI Prototyping, and AI Ethics and Governance Advisory. Each engagement is defined by a separate service agreement or proposal that outlines the specific scope, deliverables, timelines, and fees.

We strive to deliver services with professional care and in accordance with agreed specifications. However, due to the nature of AI and technology consulting, specific outcomes depend on a range of variables including the quality of data provided, organisational readiness, and external factors beyond our control.

Our services are currently available to organisations and individuals primarily in Malaysia, though we may accept engagements from other regions at our discretion.

4. User Responsibilities

When using our website or engaging our services, you agree to: provide accurate and truthful information in all communications and forms; use our website and services only for lawful purposes; not attempt to disrupt, damage, or gain unauthorised access to our systems or data; respect the intellectual property rights of Orbyn and any third parties; and cooperate with reasonable requests for information needed to deliver the services.

You are responsible for maintaining the confidentiality of any account credentials or project-related access provided to you during an engagement.

5. Intellectual Property

All content on our website — including text, graphics, logos, icons, and design elements — is the property of Orbyn or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from this content without our prior written consent.

For client engagements, ownership of deliverables is addressed in the relevant service agreement. Generally, custom work product created specifically for a client is transferred to the client upon full payment, while Orbyn retains ownership of its pre-existing tools, methodologies, and frameworks.

You grant Orbyn a limited right to reference the engagement (without disclosing confidential details) in marketing materials, unless you request otherwise in writing.

6. Payment Terms

Fees for our services are specified in individual proposals or service agreements. Unless otherwise stated, all prices are quoted in Malaysian Ringgit (RM) and are exclusive of applicable taxes, including the Sales and Service Tax (SST) where relevant.

Payment schedules, methods, and milestone structures are defined in each service agreement. Late payments may be subject to a reminder process and, where necessary, a reasonable late-payment charge as outlined in the agreement.

Refund policies depend on the nature and stage of the engagement. If an engagement is terminated before completion, fees for work already completed are non-refundable. Any unused portion of prepaid fees will be addressed according to the terms of the specific service agreement.

7. Confidentiality

Both parties acknowledge that during the course of an engagement, they may receive confidential or proprietary information from one another. Each party agrees to treat such information with the same degree of care as its own confidential information and to use it solely for the purposes of fulfilling the engagement.

Confidentiality obligations survive the termination of any agreement for a period of 24 months, unless otherwise specified in the service contract.

8. Disclaimers

Our website and its content are provided on an "as is" and "as available" basis. While we endeavour to keep the information accurate and up to date, we do not warrant that the site will be uninterrupted, error-free, or entirely secure at all times.

The information on our website is intended for general informational purposes and does not constitute professional advice. Any reliance on this information is at your own discretion. For specific guidance, we recommend engaging our services directly.

AI technologies involve inherent uncertainties. We provide our professional assessment and best efforts, but we cannot assure specific results, performance thresholds, or return on investment from any AI implementation.

9. Limitation of Liability

To the fullest extent permitted under Malaysian law, Orbyn's total liability in connection with any claim arising from or related to our services or website shall not exceed the total fees paid by you for the specific engagement giving rise to the claim.

We shall not be liable for indirect, incidental, consequential, or punitive damages, including but not limited to lost profits, lost data, or business interruption, even if we have been advised of the possibility of such damages. This limitation applies whether the claim is based on contract, tort, negligence, or any other legal theory.

10. Indemnification

You agree to indemnify and hold harmless Orbyn, its team members, and affiliates from any claims, liabilities, damages, or expenses arising from your use of our website or services in violation of these terms, your breach of any representation made herein, or any third-party claims resulting from your use of deliverables outside the scope agreed upon.

11. Termination

Either party may terminate a service engagement by providing written notice as specified in the relevant service agreement. In the absence of such provision, a minimum of 14 days' written notice is required.

Upon termination, you remain responsible for payment of any fees owed for work completed up to the termination date. Sections relating to intellectual property, confidentiality, limitation of liability, and indemnification survive termination.

12. Force Majeure

Neither party shall be liable for delays or failure to perform obligations due to events beyond reasonable control, including but not limited to natural disasters, government actions, pandemics, infrastructure failures, or cyber incidents. The affected party will notify the other promptly and both parties will work together to mitigate the impact.

13. Dispute Resolution

These Terms and Conditions are governed by and construed in accordance with the laws of Malaysia. Any dispute arising from or in connection with these terms shall first be addressed through good-faith negotiation between the parties.

If a resolution cannot be reached within 30 days, either party may refer the matter to mediation. If mediation is unsuccessful, the dispute shall be submitted to the exclusive jurisdiction of the courts of Johor Bahru, Johor, Malaysia.

14. General Provisions

Entire agreement: These Terms, together with any applicable service agreement and our Privacy Policy, constitute the entire agreement between you and Orbyn regarding the subject matter herein.

Severability: If any provision of these terms is found to be unenforceable, the remaining provisions shall continue in full force and effect.

Waiver: Failure to enforce any right or provision does not constitute a waiver of that right or provision.

Assignment: You may not assign or transfer your rights or obligations under these terms without our prior written consent. Orbyn may assign its rights and obligations in connection with a merger, acquisition, or sale of assets.

15. Changes to These Terms

We may revise these Terms and Conditions from time to time. Changes take effect upon publication on this page with an updated "Last Updated" date. Continued use of our website or services after changes are published constitutes acceptance of the revised terms. For significant changes, we will make reasonable efforts to notify affected users.

16. Contact Information

If you have questions about these Terms and Conditions, please reach out to us: