TERMS OF SERVICE

Effective Date: December 12th, 2024

Welcome to Actuality. These Terms of Service (“Terms”) govern your use of our website, platform, and related services (“Services”). By accessing or using our Services, you agree to these Terms. If you do not agree, do not use our Services.

1. DEFINITIONS

• “Actuality”, “we”, “us”, “our”: Refers to Actuality, Inc.
• “User”, “you”, “your”: Refers to any individual or entity using our Services.
• “Content”: Includes all materials, documents, data, and other information you upload, submit, or interact with on the platform.
• “Services”: Includes our AI-powered RFP automation tools, software, website, and other offerings.

2. ELIGIBILITY & ACCOUNT REGISTRATION

• To use our Services, you must:
• Be at least 18 years old.
• Provide accurate registration details and maintain account security.
• Be authorized to act on behalf of any entity you register on our platform.
• Actuality reserves the right to suspend or terminate accounts violating these requirements.

3. ACCEPTABLE USE

• Users agree to use our Services lawfully and refrain from:
• Submitting false, misleading, or fraudulent information.
• Violating intellectual property rights.
• Disrupting system functionality, engaging in hacking, or deploying malicious software.
• Using the Services for unlawful, harassing, defamatory, or abusive activities.
• Actuality reserves the right to remove content or suspend accounts engaging in prohibited conduct.

4. PAYMENT & SUBSCRIPTION TERMS

• Subscription Plans: Users can subscribe to different tiers of services with annual payment options.
• Billing & Auto-Renewal: Subscriptions automatically renew annually unless canceled before the renewal date.
• Refund Policy: Payments are non-refundable, except as required by law.
• Late Payments: A grace period of 30 days is provided for late payments. Failure to pay after this period may result in service suspension or termination.

5. INTELLECTUAL PROPERTY RIGHTS

• Ownership: Actuality retains all rights, title, and interest in the platform, including AI models, software, and branding.
• User Content: You retain ownership of content you upload but grant Actuality a non-exclusive, worldwide license to process, store, and use it to provide Services.
• Restrictions: You may not copy, distribute, reverse-engineer, or exploit any part of our Services without prior authorization.

6. DATA PRIVACY & SECURITY

Our collection and use of personal data are governed by our Privacy Policy. We take reasonable steps to protect user data, but we cannot guarantee absolute security.

7. THIRD-PARTY INTEGRATIONS

Our Services may integrate with third-party software. Actuality is not responsible for third-party services’ actions, privacy policies, or security.

8. TERMINATION & ACCOUNT SUSPENSION

• We reserve the right to suspend or terminate accounts under these conditions:
• Violation of these Terms.
• Misuse of the platform.
• Non-payment of fees after the 30-day grace period.
• Users may terminate their accounts at any time, but no refunds will be issued.

9. DISCLAIMERS & LIMITATIONS OF LIABILITY

• No Warranty: Actuality provides Services "AS IS" and disclaims all warranties, express or implied.
• Limitation of Liability: We are not liable for indirect, incidental, or consequential damages resulting from your use of the Services. Additionally, Actuality disclaims any liability for damages resulting from reliance on AI-generated content, including errors or omissions in RFP responses. In no event shall Actuality's total liability exceed the amount you have paid for the Services in the twelve (12) months preceding the event giving rise to the liability.
• Service Interruptions: We are not responsible for service downtimes caused by maintenance, cyberattacks, or external service providers.

10. GOVERNING LAW & DISPUTE RESOLUTION

• Governing Law: These Terms are governed by the laws of the State of Delaware, USA.
• Arbitration Clause: Any disputes will be resolved through binding arbitration administered by the American Arbitration Association in Delaware.
• Class Action Waiver: You agree to resolve disputes individually and waive your right to participate in class action lawsuits.

11. FORCE MAJEURE

Actuality shall not be liable for any delay or failure in performance due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, strikes, embargoes, government orders, or failures of internet service providers.

12. MODIFICATION OF SERVICES

Actuality reserves the right to modify or discontinue any part of the Services, temporarily or permanently, with or without notice. You agree that Actuality will not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

13. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Actuality, its affiliates, officers, directors, and employees from any claims, damages, liabilities, and expenses arising from your use of the Services, violation of these Terms, or infringement of any third-party rights.

14. BETA FEATURES DISCLAIMER

From time to time, Actuality may offer new 'beta' features or tools. Such features are provided 'as-is' and may contain errors. Actuality makes no warranties regarding the performance or reliability of these beta features.

15. EXPORT CONTROL

From time to time, Actuality may offer new 'beta' features or tools. Such features are provided 'as-is' and may contain errors. Actuality makes no warranties regarding the performance or reliability of these beta features.

16. SURVIVAL CLAUSE

Sections related to intellectual property, limitations of liability, dispute resolution, indemnification, and export control shall survive the termination of these Terms.

17. CHANGES TO THESE TERMS

Actuality may update these Terms periodically. Continued use of our Services after updates constitutes acceptance.

18. CONTACT INFORMATION

For inquiries regarding these Terms, contact us at hello@actuality.live.