Terms of Service

These Terms of Service (“Terms”) govern your access to and use of Checku — a web application and related services provided by OrbitInnotive Co., Ltd. (“OrbitInnotive,” “we,” “us,” or “our”).

The Services include our websites, mobile and web applications, personality and behavioral assessments, résumé/profile uploads, AI Companion, analytics, payments, and other related features (collectively, the “Services”).

By accessing or using the Services, you agree to be bound by these Terms and our [Privacy Policy]. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization; in that case, “you” also refers to that organization.

Company details: OrbitInnotive Co., Ltd., 496–502 Gaysorn Amarin Building, 5th Floor, Room 5057, Phloen Chit Road, Lumpini, Pathumwan, Bangkok 10330, Thailand. Contact: tech@orbit-people.com Tel. (66) 094-669-2391

1. Overview; Scope; Acceptance

1.1 These Terms form a binding contract between you and OrbitInnotive. Use of the Services constitutes acceptance of these Terms and the documents they incorporate by reference (including the Privacy Policy and any product-specific terms).
1.2 We provide Services globally. These Terms set out rules and responsibilities for users worldwide while designating Thai law and Thai arbitration as the governing dispute mechanism (see section 15).

2. Eligibility; Accounts; User Responsibilities

2.1 Eligibility. You must be of legal age to form a binding contract in your jurisdiction to use paid features. Minors may use certain basic features only with lawful parental or guardian consent where required.
2.2 Account Accuracy. You must provide accurate, current information during registration and keep it updated. You are responsible for all activity under your account and must protect credentials. Immediately notify us of any unauthorized use.
2.3 Organization / Enterprise Use. Enterprise/admin accounts may be subject to additional controls and the Business Data Processing Terms (see section 21).

3. Product & Data Processing – Purpose, Data Categories, and Methodology

3.1 Processing Purpose (clear, high-level)
We process personal data to deliver, secure, and continuously improve the Services.
Our lawful purposes include:
(a) generating personalized personality and behavioral insights;
(b) operating and personalizing the AI Companion experience;
(c) providing analytical and statistical summaries (e.g., daily or weekly reflections);
(d) detecting fraud, ensuring security, and maintaining product integrity; and
(e) — with separate, optional consent — delivering marketing messages, recommendations, or promotional content personalized to user preferences.

3.2 Primary Categories of Personal Data Processed
The data we process may include: résumé and work history, education records, professional or profile fields, responses to personality or psychology-based questionnaires, chat history and conversational text inputs, temporal and birth data (date, time, place of birth), usage and device analytics, account and contact details, payment metadata (processed through PCI-DSS-compliant providers), and any additional optional information you voluntarily provide.

3.3 High-Level Methodology (transparent but non-proprietary)
We apply established statistical, behavioral-science, and machine-learning techniques to identify correlations among the data categories above and to produce probabilistic, personalized outputs.
These outputs may include narrative explanations, graphical visualizations, dashboards, statistical summaries, and developmental reflections intended to help users understand behavioral tendencies, preferences, and patterns over time.

Where astrology-inspired variables (e.g., date, time, or place of birth) are used, they are treated strictly as statistical or temporal input variables within our personalization algorithms — not as religious, spiritual, or deterministic predictions.
All results are probabilistic, descriptive, and educational in nature, created solely for reflection, self-understanding, and learning. They are not suitable for clinical diagnosis, legal, financial, or employment decisions.

3.4 Prohibited and Restricted Uses
We do not use résumé data, questionnaire responses, chat history, or derived personality results for employment screening, credit scoring, medical evaluation, or any automated decision-making that produces legal or similarly significant effects on an individual.
Such processing will occur only if a user explicitly opts in to a clearly labeled, separate feature (e.g., “Career Discovery”), supported by a distinct, informed consent flow.
Enterprise clients using the Services for workforce analytics or team-development purposes must obtain their own lawful basis and individual consents in compliance with PDPA, GDPR, and relevant employment laws.

3.5 Protection of Proprietary Methods and Trade Secrets
We provide transparent, high-level information on the existence, purpose, and general logic of our data processing and profiling activities, as required under applicable privacy laws.
However, we will not disclose proprietary algorithms, model architectures, training datasets, weights, or any trade secrets.
This non-disclosure is necessary to protect our intellectual property and legitimate business interests while maintaining users’ rights to meaningful understanding of processing purposes, data categories, and the existence of automated profiling as required by PDPA and GDPR.

4. Consent, Transparency, and Lawful Basis

4.1 Explicit consent (PDPA/GDPR): Where required by PDPA, GDPR, or other law, we will obtain explicit, informed consent for processing activities — for example, collection of date/time/place of birth, personality or behavioral questionnaire responses, chat processing for model improvement, community visibility, and marketing communications. Consent is obtained via an affirmative act before we process the relevant data. Pre-checked boxes are not used.
4.2 Separate consents for separate purposes: Consent for core service processing (insight generation) is distinct from marketing consent and from any optional job-matching/sharing features. We will obtain separate, specific consents for each purpose.
4.3 Transparency: Our Privacy Policy and in-flow consent screens will explain the purposes, data types used, retention periods, data recipients (categories), rights of data subjects, international transfers, and how to withdraw consent.

5. Product Specifics: Personality Report & AI Companion

5.1 Personality Report (Freemium & Pro). The Report uses your submitted data to generate probabilistic insights about tendencies, strengths, and development areas. Freemium reports are limited; Pro reports offer deeper analysis. Reports are not clinical diagnoses.
5.2 AI Companion. For paying users, the AI Companion generates ongoing reflections and summaries based on previous inputs and chat interactions. It is automated, not human therapy or clinical advice. In case of distress, seek professional help.
5.3 Predictive / temporal features. Daily/weekly reflections that incorporate temporal inputs (including birth/time/place) are statistical forecasts derived from behavioral and temporal models; they are not guaranteed predictions and are for personal reflection only.

5.4 Community Visibility and Sharing. By default, limited non-sensitive information (your name and result category) may be visible to other users within the Checku platform to enable community and social features. You may change this visibility setting at any time once the profile toggle feature becomes available, or request withdrawal of consent by contacting info@checku.work.
This visibility is optional, based on your explicit consent obtained during registration, and is intended solely to enhance user experience and community participation.

6. Marketing & Communications (explicit opt-in)

6.1 To send marketing or personalized recommendations, we require a separate opt-in checkbox. You may withdraw marketing consent at any time by contacting info@checku.work. If you do not opt in, we will not use your personal data for marketing.
6.2 We will honor “Do Not Sell/Share”/opt-out mechanisms where applicable.

7. Automated Processing, Profiling & User Rights

7.1 Automated profiling: We perform profiling and automated processing to create personalized insights and recommendations. These processes are described at a high level in the Privacy Policy and consent screens.
7.2 Legal effect and individual rights: Our automated processing does not make decisions with legal or similarly significant effects (for example, hiring, credit). Where laws require human review or specific safeguards for profiling, we will provide them (e.g., human oversight, ability to obtain explanation and to request review).
7.3 Data subject rights: You have the right to access, correct, delete, restrict, or object to processing, request data portability, withdraw consent, and lodge a complaint with the PDPC or other relevant supervisory authority. Requests may be submitted to info@checku.work and will be processed within a reasonable period as required by applicable law. We may request verification of your identity before processing your request, and we may deny a request where permitted by law (for example, to protect the rights of others or to comply with legal obligations). You may also request to change or withdraw your consent regarding community visibility at any time via your profile settings or by contacting info@checku.work

8. Retention; Deletion; Ephemeral Modes

8.1 Retention: We retain personal data only as long as necessary for the purposes stated (service provision, legal compliance, record-keeping). Typical retention: chat — 12 months; assessments/reports — up to 5 years (or per B2B agreement); payments/tax — as required by law. Specific retention timelines are available in the Privacy Policy.
8.2 Deletion & withdrawal: Upon valid request to delete or withdraw consent, we will delete or anonymize personal data unless retention is required by law or necessary to preserve the integrity of ongoing services (e.g., account fraud investigations).

9. Security; Data Transfers; Sub-processors

9.1 Security: We implement administrative, technical, and physical safeguards appropriate to the risk, including TLS, encryption at rest, MFA, RBAC, vulnerability management, and periodic penetration testing. Community and profile visibility data are protected under the same security standards as all other personal data.
9.2 Sub-processors & third parties: We may engage processors (cloud hosting, analytics, payments, AI infrastructure). We require contractual protections and appropriate safeguards (DPAs, SCCs) for international transfers. A Sub-processor Registry is available on request.
9.3 Cross-border transfers: Where data are transferred outside Thailand/EU/UK, we will use legal mechanisms (SCCs, adequacy frameworks) and implement technical/organizational measures.

10. Payments, Pricing, Trials, Refunds

10.1 Pricing & Currency

All prices are displayed in Thai Baht (THB) unless otherwise specified.

For international users, prices may also appear in U.S. Dollars (USD) or other currencies for convenience.

The final charge is processed in the billing currency shown at checkout.

Prices exclude applicable taxes, government fees, or bank charges unless otherwise stated.

We may revise pricing or plan structures from time to time.

For existing subscribers, any pricing change applies only to the next renewal cycle and will be communicated in advance through email, in-app notice, or another reasonable channel.

10.2 Plans and Subscriptions

Paid subscriptions automatically renew for the selected term unless cancelled before renewal.

You may cancel auto-renewal anytime through your account settings before the next billing cycle.

Freemium users may upgrade at any time, and paid users may downgrade effective at the next renewal. Access to paid features remains active until the end of the paid term.

10.3 Payment Methods & Processing

Payments are processed securely through PCI-DSS-compliant providers, including Omise, Stripe, or other authorized partners.

Supported payment methods include credit/debit cards, PromptPay, and digital wallets.

We do not store or process complete card details; all payment data are encrypted and handled by our payment partners.Standard gateway transaction fees are included in displayed prices unless otherwise stated. Additional fees imposed by your bank or card issuer (for example, international transaction, foreign-exchange, or conversion fees) are the customer’s responsibility.

A transaction is considered final once confirmed by our payment processor.

10.3.1 Currency Conversion & Exchange-Rate Fluctuations

If you make a payment in a currency different from your billing currency, the applicable exchange rate and any conversion fees are determined by your payment provider or issuing bank at the time of transaction. OrbitInnotive does not control or guarantee the exchange rate used and is not responsible for any difference in the final amount charged due to rate fluctuations or additional financial-institution fees.

All conversion costs, rate differences, or losses arising from currency fluctuations are the sole responsibility of the customer.

10.4 Delivery of Digital Services

All Checku personality reports, reflections, and AI Companion features are classified as digital services delivered instantly upon successful payment. Once delivered, these services are considered fully provided. Any refund eligibility is governed by Section 10.6 (Refund Policy), except where required by applicable law.

10.5 Freemium & Promotional Offers

We may offer limited free features (“Freemium”) or time-limited promotional plans. Such offers are clearly displayed at activation and may change, end, or convert to paid access. Where required, we will provide reasonable notice through email, in-app notice, or another appropriate channel.

10.6 Refund Policy

All digital products, downloadable materials, and subscription payments are non-refundable once delivered, accessed, activated, or made available, except where required by applicable law or in cases of a confirmed payment error as defined below.

10.6.1 Refund Conditions

Refund requests will be considered only under the following circumstances:

Eligible refund cases

1) A duplicate charge or incorrect amount charged for the same order

2) A confirmed payment error, such as a successful charge with no access granted due to a verified system or payment gateway issue

3) A verified technical delivery failure on our side that prevents access and cannot be resolved within 7 business days after our support team has been notified

4) Any situation where a refund is required by applicable law

Non-refundable cases

Refunds will not be provided for:

1) Change of mind, accidental purchase, or misunderstanding of product features

2) Failure to use the product due to customer device limitations, internet issues, user error, or third-party service disruption

3) Dissatisfaction based on personal expectations (digital products are knowledge-based and subjective by nature)

4) Subscription renewals where cancellation was not completed before the renewal date

5) Any case where the product has already been used, unless required by applicable law

For avoidance of doubt, “used” includes any successful login, access, download, report generation, subscription activation, or use of paid features.

Request deadline

Refund requests must be submitted within 7 days of the payment date. Requests received after this period may not be eligible for review, unless required by applicable law.

Required information

To request a refund, customers must email info@checku.work with:

1) Full name and registered email

2) Transaction number (available on the Payment Activity page)

3) Transaction name (available on the Payment Activity page)

4) Proof of payment

5) Reason for the request

Our finance team will review and verify each request. We reserve the right to request additional information for verification, fraud prevention, or dispute resolution.

Refund eligibility is verified primarily based on our payment processor records. Customer-provided screenshots or receipts alone may not be sufficient for verification. We may also use access logs, download records, and system activity data to validate refund eligibility.

Eligibility is determined at our discretion based on verified evidence. This policy does not affect any statutory rights you may have under applicable law.

10.6.2 Refund Method

Where a refund is approved, it will be issued to the original payer and processed using the original payment method whenever possible, to protect customers and prevent fraud.

Credit/Debit Card Payments: refunds will be processed through our payment gateway back to the original card. Card payments cannot be refunded via bank transfer, except where required by applicable law.

PromptPay: where automated refunds are not supported, refunds will be verified internally and transferred manually to the customer’s designated Thai bank account in Thai Baht (THB).

For manual refunds, customers may be required to provide Thai bank account details. The bank account name must match the payer name.

Refunds will not be issued:

1) to a third-party account,

2) to an account with a mismatched name, or

3) to a different payment method than the original payment method, except where required by applicable law.

Upon approval of a refund, access to the refunded product/subscription may be revoked and related entitlements may be cancelled.

If a customer has filed a chargeback or payment dispute with their bank/card issuer, the refund request may be rejected or paused until the dispute is resolved.

If a customer is unable to provide a Thai bank account for a manual refund, we reserve the right to provide store credit of equal value as an alternative resolution, where permitted by applicable law. Store credit, once issued, is considered a full and final resolution of the refund request, unless otherwise required by applicable law.

10.6.3 Refund Timeline

Once a refund is approved, the refund will be initiated within 7–14 business days after approval.

Please note:

1) The time for the refunded amount to appear in your account may vary depending on your payment method and bank/card issuer processing timelines.

2) We are not responsible for delays caused by banks, card networks, or third-party payment processors.

10.7 Failed Payments & Chargebacks

If a payment fails, is reversed, or is disputed, we may temporarily suspend access to paid features until the outstanding balance is settled.

Repeated chargebacks or fraudulent claims may result in permanent account termination and forfeiture of remaining access.

10.8 Compliance & Record-Keeping

OrbitInnotive complies with all applicable Thai and international electronic-transaction, consumer-protection, tax, and accounting laws. Transaction data and receipts may be retained for audit and fraud-prevention purposes for the period required by law. This retention does not affect your rights under the [Privacy Policy].

11. Acceptable Use; Enforcement

11.1 Prohibited conduct: You must not use the Services to violate laws, upload unlawful content, exploit minors, threaten or harass others, dox private data, distribute malware, attempt unauthorized access, or use outputs to develop competing models.
11.2 Enforcement: We may remove content, suspend or terminate accounts, and report to authorities where required. Users may request human review of moderation decisions via support.

12. Warranties; Disclaimers

12.1 No warranties: To the extent permitted by law, Services are provided “as is” and “as available.” We disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee accuracy of outputs.
12.2 No professional advice: Outputs and visibility features are for personal reflection and community engagement only. They are not legal, medical, financial, or clinical advice.

13. Limitation of Liability; Indemnity

13.1 Limitation of liability: To the maximum extent permitted by applicable law, OrbitInnotive’s total liability for any claim arising out of or relating to these Terms or the Services shall not exceed the greater of (a) the total amount paid by you for the Services during the twelve (12) months preceding the claim, or (b) USD 100.

Nothing in these Terms shall exclude or limit liability for fraud, gross negligence, willful misconduct, or liability that cannot be limited under applicable law.
13.2 Indemnity: You will indemnify and hold OrbitInnotive harmless from claims arising from your breach or misuse of the Services.

14. Termination; Effect of Termination

14.1 We may suspend or terminate access for breach, nonpayment, unlawful use, or risk to user safety.

14.2 Upon termination, license rights end; we will treat stored data per the retention/deletion terms and applicable laws.

15. Governing Law; Dispute Resolution; Arbitration

15.1 Governing law: These Terms and disputes are governed by the laws of Thailand.

15.2 Arbitration: Except where prohibited by law, disputes will be finally resolved by confidential arbitration at the Thai Arbitration Center (THAC), Bangkok, Thailand, under THAC rules. Seat: Bangkok; Language: English; Single arbitrator.

15.3 No foreign forum: Users agree not to file suits in jurisdictions other than Thailand and to resolve disputes under the arbitration clause.

15.4 Class-action waiver: To the fullest extent permitted by applicable law, claims shall be brought individually, not as class actions or representative proceedings.

16. Directors; Employees; Personal Liability Protection

To the maximum extent permitted by Thai law, no director, officer, employee, or agent of OrbitInnotive shall be personally liable for obligations or liabilities arising under these Terms; all claims shall be brought only against the legal entity OrbitInnotive Co., Ltd.

17. Children; COPPA; Local Age Rules

We do not knowingly target or collect personal data from children under 13. For local age rules (including Thailand’s youth protections), we adopt stricter defaults and require parental consent as applicable.

18. Changes to Terms

We may update these Terms; we will post changes and update the “Last updated” date. Material changes will be notified as appropriate. Continued use after changes signifies acceptance.

19. Notices; Contact

Notices to you may be given by email or in-app messages. Notices to us: info@checku.work Privacy requests: info@checku.work

20. Additional Provisions (Cookies, Third-Party Services, Export Controls)

20.1 Cookies & tracking: We provide a cookie banner with Accept/Reject/Manage options and honor Global Privacy Control (GPC) where supported.

20.2 Third-party services: Use of third-party services (payments, cloud, ad platforms) is subject to their terms.

20.3 Export controls: You may not use the Services from embargoed jurisdictions or if on denied-party lists.

21. Business Data Processing Terms (Short Form)

When we act as a Processor for enterprise customers, we process data only on documented instructions, implement security safeguards (TLS, encryption at rest, RBAC, MFA, secure SDLC, pentests), manage sub-processors, assist with data subject requests and breach notifications, and provide deletion/return on termination. A full DPA is available upon request.

22. Product Appendix — Personality Report & AI Companion (Summary)

22.1 Personality Report: Freemium and Pro reports are probabilistic insights for reflection and growth; not clinical diagnoses; not for hiring or legal decisioning.

22.2 AI Companion: Automated reflective conversations; not a substitute for therapy or emergency services; pseudonymized for quality/safety uses per Privacy Policy.

23. Transparency vs. Trade Secrets — What we disclose (and what we protect)

23.1 What we disclose: purpose of processing; categories of data used; existence of profiling/automated processing; retention periods; data recipients and transfer safeguards; data subject rights; contact points; high-level description of logic (how inputs are used to produce insights). This satisfies PDPA/GDPR transparency and the user’s right to information.
23.2 What we keep confidential: detailed algorithms, model architectures, training datasets, model weights, feature-engineering code, proprietary heuristics, and other trade secrets. Lawful transparency requirements do not require disclosure of these proprietary materials. We will, however, provide meaningful information about the logic of profiling and an explanation of results on request, with human review options where required by law.

These disclosures meet the transparency requirements under Thailand’s PDPA Sections 37 and 41, and the EU/UK GDPR Articles 13–15.

24. Miscellaneous

24.1 Severability. If any provision is invalid, the rest remain in effect.

24.2 Assignment. You may not assign these Terms without our consent; we may assign with notice.

24.3 Entire Agreement. These Terms, together with the Privacy Policy and any order or DPA, form the entire agreement.

Acknowledgement
By using the Services you acknowledge you have read and understood these Terms and the Privacy Policy and consent where required.

Checku is a brand operated by OrbitInnotive Co., Ltd.