Terms and Conditions

Last Updated: January 15, 2025
Effective Date: January 15, 2025

These Terms and Conditions ("Terms") govern your use of the Actuals AI-powered analytics platform and services ("Services") provided by Actuals ("Company," "we," "our," or "us"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing, browsing, or using our website (https://actuals.co.in) or Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use our Services.

2. Description of Services

Actuals provides AI-powered analytics and business intelligence services, including but not limited to:

• No-code analytics platform for business teams
• AI-powered insights and recommendations
• Real-time data processing and visualization
• Custom dashboard creation and management
• Data integration and transformation services
• Automated reporting and alerting
• Business intelligence consulting and support

3. User Accounts and Registration

3.1 Account Creation

To access certain features of our Services, you must create an account. You agree to:

• Provide accurate, current, and complete information
• Maintain and update your account information
• Keep your login credentials secure and confidential
• Notify us immediately of any unauthorized use
• Accept responsibility for all activities under your account

3.2 Account Eligibility

You must be at least 18 years old and legally capable of entering into binding contracts to use our Services. By creating an account, you represent and warrant that you meet these requirements.

4. Data Processing and Privacy

4.1 Data Processing Agreement

When you use our Services to process personal data, we act as a data processor on your behalf. You remain the data controller and are responsible for:

• Ensuring lawful basis for processing personal data
• Obtaining necessary consents from data subjects
• Providing appropriate privacy notices
• Responding to data subject requests
• Ensuring compliance with applicable data protection laws

4.2 Data Security and Compliance

We implement appropriate technical and organizational measures to ensure data security, including:

• Encryption of data in transit and at rest
• Access controls and authentication mechanisms
• Regular security assessments and monitoring
• Compliance with industry standards (working toward ISO 27001, SOC 2)
• Employee training and background checks
• Incident response and breach notification procedures

4.3 Cross-Border Data Transfers

Your data may be processed in India, the United States, and other countries where our service providers operate. We ensure appropriate safeguards are in place for international transfers, including Standard Contractual Clauses and other legally recognized mechanisms.

5. AI Services and Automated Processing

5.1 AI-Powered Analytics

Our Services use artificial intelligence and machine learning to provide insights and recommendations. You acknowledge that:

• AI-generated insights are based on patterns in your data
• Results may not be 100% accurate and should be verified
• You retain full control over business decisions
• We do not guarantee specific business outcomes
• You have the right to human review of automated decisions

5.2 Model Training and Improvement

We may use aggregated, anonymized data to improve our AI models and Services. We do not use your specific business data to train models for other customers without your explicit consent.

6. User Responsibilities and Acceptable Use

6.1 Acceptable Use

You agree to use our Services only for lawful purposes and in accordance with these Terms. You will not:

• Upload malicious code, viruses, or harmful content
• Attempt to gain unauthorized access to our systems
• Interfere with or disrupt our Services
• Use our Services for illegal activities
• Violate any applicable laws or regulations
• Infringe on intellectual property rights
• Share your account credentials with unauthorized users

6.2 Data Quality and Accuracy

You are responsible for ensuring that data you upload to our platform is:

• Accurate and up-to-date
• Legally obtained and processed
• Free from malicious content
• Compliant with applicable data protection laws

7. Intellectual Property Rights

7.1 Our Intellectual Property

The Services, including all software, algorithms, designs, and content, are owned by Actuals and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use our Services in accordance with these Terms.

7.2 Your Data and Content

You retain ownership of all data and content you upload to our platform. You grant us a limited license to process, store, and analyze your data solely to provide our Services to you.

8. Payment Terms and Billing

8.1 Subscription Fees

Certain features of our Services require payment of subscription fees. You agree to pay all applicable fees as described in your subscription plan.

8.2 Payment Processing

Payments are processed by third-party payment processors. We do not store your complete payment card information. All payment processing is subject to the terms and privacy policies of our payment processors.

8.3 Refunds and Cancellation

Refund and cancellation policies are specified in your subscription agreement. Generally, fees are non-refundable except as required by law or as specifically stated in your agreement.

9. Service Level Agreement

9.1 Availability

We strive to maintain high availability of our Services but do not guarantee uninterrupted access. We target 99.9% uptime for our platform, excluding scheduled maintenance.

9.2 Support

We provide technical support through various channels including email, chat, and documentation. Support levels may vary based on your subscription plan.

10. Compliance and Regulatory Requirements

10.1 Data Protection Compliance

We are committed to compliance with applicable data protection regulations, including:

• General Data Protection Regulation (GDPR)
• California Consumer Privacy Act (CCPA/CPRA)
• Other applicable state and international privacy laws
• Industry-specific regulations as applicable

10.2 Security Certifications

We are working toward achieving industry-standard security certifications including:

• ISO 27001 (Information Security Management)
• SOC 2 Type II (Service Organization Control)
• Additional certifications as required by our customers

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACTUALS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless Actuals and its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Services
• Your violation of these Terms
• Your violation of any applicable laws
• Your data or content uploaded to our platform
• Any third-party claims related to your use of the Services

13. Data Breach and Incident Response

13.1 Breach Notification

In the event of a security incident that may affect your data, we will:

• Notify you without undue delay upon becoming aware of the incident
• Provide details about the nature and scope of the incident
• Describe measures taken to address the incident
• Assist with any required regulatory notifications
• Implement additional security measures as necessary

13.2 Incident Response Cooperation

We will cooperate with you and relevant authorities in investigating and responding to security incidents, including providing necessary documentation and evidence.

14. Termination

14.1 Termination by You

You may terminate your account and these Terms at any time by contacting us or using the account termination features in our platform.

14.2 Termination by Us

We may terminate or suspend your access to the Services immediately if you violate these Terms or for other legitimate business reasons, with or without notice.

14.3 Effect of Termination

Upon termination:

• Your right to use the Services will cease immediately
• We will provide you with access to export your data for a reasonable period
• We may delete your data in accordance with our data retention policies
• Outstanding payment obligations will remain in effect

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of India, without regard to conflict of law principles. However, we also comply with applicable laws in jurisdictions where our users are located.

15.2 Jurisdiction

Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in Bangalore, India, unless otherwise required by applicable law.

15.3 Alternative Dispute Resolution

Before pursuing litigation, we encourage parties to attempt to resolve disputes through good faith negotiations and, if necessary, mediation or arbitration.

16. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by:

• Posting the updated Terms on our website
• Sending you email notification
• Providing in-app notifications
• Updating the "Last Updated" date

Your continued use of the Services after the effective date of the updated Terms constitutes acceptance of the changes.

17. Miscellaneous

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional agreements you enter into with us, constitute the entire agreement between you and Actuals regarding the Services.

17.2 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.

17.3 Waiver

Our failure to enforce any provision of these Terms will not be deemed a waiver of our right to enforce such provision in the future.

17.4 Assignment

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations under these Terms without restriction.

18. Contact Information