About Acto

Effective date: January 10th, 2025

PLEASE NOTE THAT YOUR USE OF AND ACCESS TO OUR SERVICES (DEFINED BELOW) ARE SUBJECT TO THE FOLLOWING TERMS; IF YOU DO NOT AGREE TO ALL OF THE FOLLOWING, YOU MAY NOT USE OR ACCESS ACTO IN ANY MANNER.

Welcome to Acto. Please read on to understand the rules and restrictions governing your use of Acto and the associated website(s), products, services, and applications (collectively referred to as "Acto"). If you have any questions, comments, or concerns about these terms or Acto, please contact us at info@acto.do.

These Terms of Use (the "Terms") constitute a legally binding agreement between you and Acto, LLC. ("Company," "we," "us"). To use Acto, you must agree to and accept all of these Terms. If you do not agree to these Terms, you are not permitted to use Acto. Your use of Acto in any manner indicates your full acceptance of these Terms, which will remain in effect throughout your use of Acto. These Terms encompass the provisions contained in this document, as well as those in the Privacy Policy and Copyright Dispute Policy.

1. Changes to the Service

Acto is continually evolving, and as a result, these Terms may need to change to align with Acto's development. We reserve the right to modify these Terms at any time. If we do make changes, we will notify you by posting a notice on the acto.do website, sending you an email, or using other appropriate means.

If you do not agree with the updated Terms, you may reject them. However, this means you will no longer be able to use Acto. If you continue to use Acto in any manner after the revised Terms take effect, it signifies your acceptance of all the modifications.

Unless explicitly stated otherwise in these Terms, no other amendments or modifications to these Terms will be valid unless they are in writing and signed by both you and us.

2. Personal privacy

We are dedicated to safeguarding the privacy of our users. You can access our current Privacy Policy here. Compliance with Data Laws**

- For California users: CCPA/CPRA rights described in Privacy Policy apply.

- For EEA/UK: GDPR rights apply.

The Children's Online Privacy Protection Act ("COPPA") mandates that online service providers must obtain parental consent before knowingly collecting personally identifiable information online from children under the age of 13. We do not knowingly collect or request personally identifiable information from children under 13. If you are under 13, please refrain from attempting to register for Acto or provide any personal information to us. If we discover that we have inadvertently collected personal information from a child under 13, we will promptly delete that data. If you suspect that a child under 13 may have provided us with personal information, please contact us at info@acto.do.

3. Account Registration and Use

To access Acto, you may be required to create an account and provide:

- your email address

- first name

- last name

Providing your first and last name is required for account functionality. You must ensure that the information you provide is accurate, complete, and up-to-date. By supplying your email address, you consent to receive email communications from us related to Acto. You may not use a name that you do not have the right to use or use another person's name with the intent to impersonate that individual. You may not transfer your account to another party without our prior written consent.

You represent and warrant that you are of legal age to enter into a binding contract, or if not, that you have obtained the necessary permission from your parent or guardian to use Acto, and that your parent or guardian has agreed to these Terms on your behalf. If you are accepting these Terms on behalf of an organization or entity, you affirm that you have the authority to accept these Terms on behalf of that organization or entity, and you bind them to these Terms. In such cases, references to "you" and "your" in these Terms (excluding this sentence) apply to that organization or entity.

You may only use Acto for your own internal purposes, not on behalf of or for the benefit of any third party, and only in compliance with all applicable laws. If your use of Acto is prohibited by applicable laws, you are not authorized to use Acto. We disclaim any responsibility for your use of Acto in violation of the law. You are responsible for keeping your account access secure and should protect your account's security. You are liable for any activities linked to your account.

Your use of Acto is subject to the following additional restrictions:

You hereby represent, warrant, and agree that you will not contribute any Content or User Submission (each term defined below) or otherwise use Acto or interact with Acto in any manner that:

(a) Infringes or violates the intellectual property rights or any other rights of any third party, including Acto, LLC.;

(b) Violates any applicable law or regulation, including export control laws and regulations;

(d) Compromises the security of your Acto account or any other user's account, such as by allowing someone else to access Acto using your credentials;

(e) Attempts, in any way, to extract security information from any other user;

(f) Breaches the security of any computer network, or attempts to circumvent passwords or security encryption codes;

(g) Engages in activities such as running Maillists, Listservs, any form of auto-responder or "spam" on Acto, or any processes that operate while you are not actively using Acto, or that disrupt the proper functioning of Acto (including overloading Acto's infrastructure);

(h) Engages in "crawling," "scraping," or "spidering" any page, data, or portion of Acto or Content (whether through manual or automated means);

(i) Copies or stores any substantial portion of the Content;

(j) Decompiles, reverse engineers, or otherwise attempts to access the source code, underlying concepts, or information related to Acto.

A violation of any of the above restrictions may result in the termination of your right to use or access Acto.

4. Intellectual Property Rights

The materials available on or through Acto, including but not limited to text, graphics, data, articles, photos, images, illustrations, User Submissions, and other Content (collectively referred to as the "Content"), are protected by copyright and/or other intellectual property laws. You agree to comply with all copyright notices, trademark regulations, information, and restrictions contained in any Content you access through Acto. You are prohibited from using, copying, reproducing, modifying, translating, publishing, broadcasting, transmitting, distributing, performing, uploading, displaying, licensing, selling, or otherwise exploiting any Content that you do not own:

(i) without obtaining prior consent from the owner of that Content; or

(ii) in a manner that infringes on the rights of others, including Acto, LLC.;

Please note that Acto, LLC. is the rightful owner of Acto. You may not modify, publish, transmit, engage in the transfer or sale of, reproduce (except as expressly allowed in this section), create derivative works based on, or otherwise exploit any part of Acto.

While Acto may offer certain functionality that allows you to copy or download specific Content, it is essential to understand that the aforementioned restrictions apply regardless of this functionality's existence.

5. Licenses Granted

Any content you post, upload, share, store, or otherwise provide through Acto is referred to as your "User Submission." User Submissions containing personal data are processed according to our Privacy Policy. You warrant you have obtained all necessary consents for shared third-party personal data. Processing of personal data within User Submissions is based on the performance of this agreement (Art. 6(1)(b) GDPR) and our legitimate interests (Art. 6(1)(f) GDPR) in providing and improving Acto. These User Submissions are visible to other users. By using Acto, you grant us specific rights with respect to your User Submissions. Please be aware that all these licenses are subject to our Privacy Policy, particularly concerning User Submissions that also qualify as personally identifiable information.

For all User Submissions, you hereby grant Acto a license to translate, modify (for technical purposes, such as ensuring your content is viewable on various devices), reproduce, and take other necessary actions concerning these User Submissions. This license is granted to enable us to operate Acto, as explained in more detail below. Please note that this is a license only, and it does not affect your ownership of User Submissions.

In cases where you post or share a User Submission in a manner that allows only specific users to view it (e.g., a private message to one or more users) (referred to as a "Limited Audience User Submission"), you grant Acto the licenses mentioned above. Additionally, you grant us a license to display, perform, and distribute your Limited Audience User Submission solely for the purpose of making it accessible to the specified users and providing the necessary functionality within Acto. You also grant the specified users a license to access the Limited Audience User Submission and to exercise all rights permitted by Acto's functionality.

If you post or share a User Submission publicly on Acto or in a way that more than just you or specific users can view, or if you provide us with feedback, suggestions, improvements, enhancements, or feature requests related to Acto (collectively referred to as a "Public User Submission"), you grant Acto the licenses mentioned earlier. You also grant us a license to display, perform, and distribute your Public User Submission to make it accessible to all Acto users and to provide the necessary functionality. This license includes all other rights needed to use and exercise all rights in the Public User Submission in connection with Acto or otherwise in connection with Acto’s business. Acto will endeavor to notify you if your Public User Submission is used for any purpose other than being displayed on Acto. You also grant all other Acto users a license to access the Public User Submission and to exercise all rights permitted by Acto's functionality.

The licenses you grant are royalty-free, perpetual, sublicenseable, irrevocable, and worldwide. You acknowledge and agree that it may not be possible to completely delete your User Submissions from Acto's records, and that other users may still have access to them.

Lastly, you understand and agree that Acto, while performing the necessary technical actions to provide Acto to our users (including you), may need to make changes to your User Submissions to conform and adapt them to the technical requirements of connection networks, devices, services, or media. The aforementioned licenses include the rights to do so.

6. Copyright Infringement Reports

If you encounter material on Acto that you believe infringes your copyright, you may have heard of the Digital Millennium Copyright Act (the "DMCA"), which relates to online service providers like Acto being asked to remove allegedly infringing material. We respect the intellectual property rights of others and reserve the right to delete or disable content that is alleged to be infringing. We may also terminate the accounts of repeat alleged infringers. For more information on how to report potentially infringing content and to review our complete Copyright Dispute Policy, please refer to the section titled "Copyright Dispute Policy" below. To learn more about the DMCA, you can click here.

7. User Responsibility and Third-Party Content

Any information or content publicly posted or privately transmitted through Acto is the sole responsibility of the person from whom that content originated. You access all such information and content at your own risk, and Acto is not liable for any errors or omissions in that information or content, or for any damages or losses you might incur in connection with it. We cannot control how you interpret or use the content, or the actions you take as a result of being exposed to that content. By using Acto, you release us from all liability associated with your acquisition or lack thereof of content through Acto. We cannot guarantee the identity of any users you interact with on Acto and are not responsible for determining which users gain access to Acto.

You are responsible for all the content you contribute to Acto in any manner, and you represent and warrant that you have all necessary rights to do so in the manner in which you contribute it. It is your responsibility to keep all your registration information accurate and up to date. You are also responsible for all your activity in connection with Acto.

Acto may contain links or connections to third-party websites or services that are not owned or controlled by Acto. When you access third-party websites or use third-party services, you do so at your own risk, and Acto is not responsible for any associated risks. We encourage you to be aware when you leave Acto and to read the terms, conditions, and privacy policies of each third-party website or service you visit or use.

Acto has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of, or opinions expressed on, any third-party websites or by any third parties you interact with through Acto. Additionally, Acto cannot monitor, verify, censor, or edit the content of any third-party site or service. By using Acto, you release and hold us harmless from any and all liability arising from your use of any third-party website or service.

Your interactions with organizations and/or individuals found on or through Acto, as well as any other terms, conditions, warranties, or representations associated with such interactions, are solely between you and those organizations and/or individuals. You should conduct any investigations you deem necessary or appropriate before engaging in any online or offline transactions with these third parties. You agree that Acto shall not be responsible or liable for any loss or damage of any sort incurred as a result of any such interactions.

If a dispute arises between participants on this site or between users and any third party, you acknowledge and agree that Acto is under no obligation to become involved. In the event of a dispute with one or more other users, you release Acto, its officers, employees, agents, and successors from any claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or Acto. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in their favor at the time of executing the release, which, if known by them, must have materially affected their settlement with the debtor."

8. Service Modifications and Discontinuation

We are continually working to enhance Acto, so there may be changes over time. We reserve the right to suspend or discontinue any part of Acto, introduce new features, impose limits on specific features, restrict access to parts or all of Acto, or remove any content from Acto at any time, for any reason, at our sole discretion, and without prior notice.

9. Fees and Payment

Some uses of Acto are currently offered for free, but certain uses of Acto may require payment of fees (e.g., accessing specific premium features). If you are using a free version of the service and we decide to introduce fees for certain services, we will notify you before those services start incurring fees. If you wish to continue using those services, you will be required to pay all applicable fees. You may also choose to upgrade to a paid version of Acto at any time. Certain users, such as admin account holders or those who initially provided payment information for the Paid Services, may have control over billing and payment settings in accordance with the following terms.

a. Paid Services. Some parts or versions of our service may be subject to payments now or in the future (the "Paid Services"). Please refer to our Pricing page for a description of the current Paid Services. Please note that any payment terms presented to you during the use or signup process for a Paid Service are considered part of these Terms.

b. Billing. We use a third-party payment processor (the "Payment Processor") to bill you for the use of Paid Services through a payment account linked to your Acto account (your "Billing Account"). Payment processing will be subject to the terms, conditions, and privacy policies of the Payment Processor in addition to these Terms. We are not responsible for any errors made by the Payment Processor. By choosing to use Paid Services, you agree to pay us, through the Payment Processor, all charges at the prices then in effect for any use of such Paid Services, in accordance with the applicable payment terms. You also authorize us, through the Payment Processor, to charge your chosen payment provider (your "Payment Method"). You agree to make payments using the selected Payment Method. We reserve the right to correct any errors or mistakes made by the Payment Processor, even if it has already requested or received payment.

c. Payment Method. The terms of your payment will be determined based on your Payment Method and may be subject to agreements between you and your financial institution, credit card issuer, or other provider of your chosen Payment Method. If we do not receive payment from you through the Payment Processor, you agree to pay all amounts owed on your Billing Account upon demand.

d. Payment. Payment for monthly subscriptions is charged after the service period. For prepaid plans, payment is charged in advance. You can change your Payment Plan in your Billing Account settings or contact us via email at info@acto.do. Refund requests must be submitted within 14 days of payment. Refunds are processed if services were not used.

e. Current Information Required. You must provide current, complete, and accurate information for your Billing Account. You must promptly update all information to ensure your Billing Account remains current, complete, and accurate (e.g., changes in billing address, credit card number, or expiration date). If your Payment Method is canceled (e.g., due to loss or theft) or if you become aware of a potential security breach (e.g., unauthorized use of your username or password), you must promptly notify us or our Payment Processor. Changes to your Billing Account information can be made in your account settings or by contacting us via email at info@acto.do. Failure to provide this information means that we may continue to charge you for the use of Paid Services through your Billing Account, unless you have canceled the Paid Services as outlined above.

f. Auto-Renewal for Paid Services. The Services you sign up for as a subscription will be automatically renewed for successive renewal periods of the same duration as the original subscription term at the then-current non-promotional rate. To terminate Paid Services, cancel free Services, change payment subscription to a monthly postpaid plan, or downgrade your account from Paid Services to free Services, please contact us by emailing info@acto.do or you can adjust it in your Account Billing Settings. If you terminate a Paid Service, you may continue to use your subscription until the end of the current term, and it will not be renewed. However, no prorated refunds will be provided for any portion of the subscription fee paid for the current subscription period. If you do not wish to continue being charged on a recurring monthly basis, you must cancel the applicable paid service by emailing info@acto.do or in your Account Billing Settings before the end of the recurring term. Paid Services cannot be terminated before the end of the currently paid period, and except as expressly provided in these Terms, Acto will not refund any fees you have already paid.

g. Reaffirmation of Authorization. Your continued use of Paid Services reaffirms your authorization for us to charge your Payment Method for those services. We may submit those charges, and you will be responsible for them. This does not waive our right to seek payment directly from you. Your charges may be payable as post payment, in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service (or as your payment terms may be amended thereafter).

10. Termination

You are free to stop using Acto at any time. To do so, please contact us at info@acto.do. Please review our Privacy Policy, as well as the licensing terms mentioned earlier, to understand how we handle the information you provide to us after you stop using Acto.

Acto also reserves the right to terminate or suspend your access to the service or your account for any reason at our discretion, including if you violate these Terms. We have the sole authority to determine whether you have violated any of the restrictions outlined in these Terms.

Deletion of account data occurs within 30 days of termination request. Backups are anonymized within 90 days. For GDPR/CCPA deletion requests, see the “Your rights” section of our Privacy Policy. If you have deleted your account by mistake, please contact us immediately at info@acto.do. If you wish for Acto to delete your account, including User Submissions and Personal Data (as defined in our Privacy Policy), please contact us at info@acto.do.

Unless you have a separate agreement with Acto, if you cease using Acto for more than a six-month period, we may delete your User Submissions and Personal Data. Prior to such deletion, we will make reasonable efforts to contact you to provide an opportunity to object to such deletion.

Provisions that, by their nature, should survive termination of these Terms will continue to apply even after termination. This includes, but is not limited to, your obligations to pay us or indemnify us, limitations on our liability, terms regarding ownership or intellectual property rights, and terms governing disputes between us.

11. Miscellaneous Provisions

Warranty Disclaimer: Company, its licensors, and suppliers do not make any representations or warranties regarding the accuracy, copyright compliance, legality, or decency of content within Acto. Acto and content are provided on an "as-is" basis, without warranties of any kind, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Liability: To the fullest extent allowed by applicable law, Company (and its licensors or suppliers) shall not be liable for any indirect, special, incidental, or consequential damages, including lost profits, loss of goodwill, work stoppage, or computer failure. Company's liability is limited to the greater of $100, the amounts paid by you to Company in the twelve months preceding the claim, or any matter beyond its reasonable control.

Exceptions to Limitations: Limitations do not apply for:

- Death/personal injury caused by negligence

- Fraudulent misrepresentation

- breach of non-excludable statutory consumer rights (including under CCPA or GDPR where applicable)

Indemnity: You agree to indemnify and hold Company, its affiliates, officers, agents, employees, and partners harmless from any third-party claims related to your use of Acto or your violation of these Terms.

Assignment: You cannot assign, delegate, or transfer these Terms or your Acto account without Company's prior written consent. Company may transfer, assign, or delegate these Terms and its rights and obligations without consent.

Choice of Law; Arbitration: These Terms are governed by California law, and any disputes shall be resolved through arbitration in San Francisco, California, according to the Streamlined Arbitration Rules of JAMS. Class arbitrations and class actions are not allowed. For users from the EU/UK, the laws of their country of residence shall apply, and disputes shall be resolved by exclusive jurisdiction of the competent courts of that country.

Class Action Waiver: Claims must be arbitrated individually. No class/representative proceedings. For EU users: This clause does not override mandatory consumer jurisdiction.

Miscellaneous: You are responsible for taxes associated with your activity on Acto. The failure to exercise any right under these Terms does not constitute a waiver. If any provision is unenforceable, it will be limited or eliminated to the minimum extent necessary. These Terms constitute the complete and exclusive understanding between you and Company, superseding all previous agreements. There are no intended third-party beneficiaries under these Terms.

Force Majeure: Neither party liable for failures due to: natural disasters, wars, pandemics, or infrastructure outages beyond reasonable control.

Severability Clause: If any provision is invalid, the remainder remains enforceable.