Terms Of Use
Terms of Use Agreement for Acteria Inc.
Acteria Inc.
Founded: 1st of May2023
Address: 2157, 447 Broadway, 2nd Floor, New York, NY, NewYork, US, 10013
Support Email: support@acteria.com
Founded: 1st of May2023
Address: 2157, 447 Broadway, 2nd Floor, New York, NY, NewYork, US, 10013
Support Email: support@acteria.com
Introduction to Acteria
Welcome to Acteria, your comprehensive no-code platform for business digitization and automation. Designed with businesses like yours in mind, Acteria empowers you to craft bespoke business applications tailored to support and enhance organizational processes. Whether you are creating intricate dashboards, designing intuitive navigation structures, establishing data types, integrating widgets, defining lookups, or orchestrating workflows, Acteria offers you the tools to bring your vision to life.
Beyond being just a builder for business applications, Acteria takes pride in hosting a marketplace that showcases best practice solutions, especially in the Governance, Risk Management, and Compliance (GRC) and Quality Management Systems (QMS) domains. Upon signing up, users can explore, activate, and invest in these market-ready products. Embracing the freemium model, we provide our users with a blend of complimentary and premium features, allowing them to choose what fits their needs best.
Furthermore, Acteria welcomes partners with open arms, granting them the ability to set up accounts, craft unique products, and present them to their clientele.
By utilizing Acteria, you are agreeing to our Terms of Use, which dictate the rules and guidelines for your interaction with our platform. We urge you to read them carefully to ensure a smooth and productive experience.
Beyond being just a builder for business applications, Acteria takes pride in hosting a marketplace that showcases best practice solutions, especially in the Governance, Risk Management, and Compliance (GRC) and Quality Management Systems (QMS) domains. Upon signing up, users can explore, activate, and invest in these market-ready products. Embracing the freemium model, we provide our users with a blend of complimentary and premium features, allowing them to choose what fits their needs best.
Furthermore, Acteria welcomes partners with open arms, granting them the ability to set up accounts, craft unique products, and present them to their clientele.
By utilizing Acteria, you are agreeing to our Terms of Use, which dictate the rules and guidelines for your interaction with our platform. We urge you to read them carefully to ensure a smooth and productive experience.
Definitions
1. "Service": Refers to the Acteria no-code platform and all its associated functionalities, including but not limited to the creation of business applications, dashboards, widgets, data types, lookups, workflows, and the hosted marketplace. The Service is offered both in freemium and premium models.
2. "User": Refers to any individual, business, or entity that registers for an account on Acteria, regardless of whether they use the freemium or premium version of the Service. This also includes partners who create accounts with the intent to design products and offer them to their clientele.
3. "Content": Refers to any information, data, text, graphics, or any other materials uploaded, downloaded, or appearing on the Service. Content can be created by Users, partners, or Acteria itself. In the context of the marketplace, Content also encompasses the various products or solutions available for activation and purchase.
4. "Marketplace": Refers to the section within the Service where best practice solutions, especially in the GRC and QMS domains, are showcased for Users to explore, activate, and purchase.
5. "Freemium Model": Refers to the offering of the Service with a set of features available at no cost, complemented by additional premium features which may require payment.
6. "Partners": Refers to third-party businesses or entities that collaborate with Acteria, allowing them to set up accounts, create their products using the Service, and present them to their respective customers.
2. "User": Refers to any individual, business, or entity that registers for an account on Acteria, regardless of whether they use the freemium or premium version of the Service. This also includes partners who create accounts with the intent to design products and offer them to their clientele.
3. "Content": Refers to any information, data, text, graphics, or any other materials uploaded, downloaded, or appearing on the Service. Content can be created by Users, partners, or Acteria itself. In the context of the marketplace, Content also encompasses the various products or solutions available for activation and purchase.
4. "Marketplace": Refers to the section within the Service where best practice solutions, especially in the GRC and QMS domains, are showcased for Users to explore, activate, and purchase.
5. "Freemium Model": Refers to the offering of the Service with a set of features available at no cost, complemented by additional premium features which may require payment.
6. "Partners": Refers to third-party businesses or entities that collaborate with Acteria, allowing them to set up accounts, create their products using the Service, and present them to their respective customers.
User Account and Registration:
To use and access certain features of Acteria, you must create a user account. When registering for an account, you will be required to provide accurate, up-to-date, and complete information. It's essential that you do not impersonate someone else or use a pseudonym, and that you only provide details that pertain to you.
Your account's security is crucial. As a user, you are responsible for maintaining the confidentiality of your account details, including your username and password. Any activities or actions taken under your account will be your responsibility. If you suspect or become aware of any unauthorized use of your account or any other security breaches, it is your duty to notify Acteria immediately.
Acteria reserves the right to suspend, terminate, or restrict access to user accounts at its sole discretion, with or without notice, for conduct that Acteria believes violates these Terms of Use or is harmful to other users, third parties, or the platform itself.
Your account's security is crucial. As a user, you are responsible for maintaining the confidentiality of your account details, including your username and password. Any activities or actions taken under your account will be your responsibility. If you suspect or become aware of any unauthorized use of your account or any other security breaches, it is your duty to notify Acteria immediately.
Acteria reserves the right to suspend, terminate, or restrict access to user accounts at its sole discretion, with or without notice, for conduct that Acteria believes violates these Terms of Use or is harmful to other users, third parties, or the platform itself.
4. Payment and Subscription Details
Pricing Information: The cost for our services varies depending on the specific product you choose. To ascertain the precise pricing for any product, please refer to its dedicated product page. Should you need more detailed information or have any questions regarding pricing, our sales team is readily available to assist.
Subscription Renewal and Cancellation: Unless otherwise specified, subscriptions to Acteria's products are set to renew automatically at the end of each subscription period. If you wish to prevent automatic renewal or cancel your subscription, you must do so at least [X days/weeks] before the end of the current subscription period. Cancellations made after this time will take effect at the end of the following subscription period.
Refund Policy: If you are not entirely satisfied with any of our services, you may be eligible for a refund. Refund requests must be submitted within 14 of the purchase date. Once this period has lapsed, no refunds will be issued. Refunds are processed on a case-by-case basis, and we reserve the right to deny any refund request if it doesn't meet our policies' criteria.
Subscription Renewal and Cancellation: Unless otherwise specified, subscriptions to Acteria's products are set to renew automatically at the end of each subscription period. If you wish to prevent automatic renewal or cancel your subscription, you must do so at least [X days/weeks] before the end of the current subscription period. Cancellations made after this time will take effect at the end of the following subscription period.
Refund Policy: If you are not entirely satisfied with any of our services, you may be eligible for a refund. Refund requests must be submitted within 14 of the purchase date. Once this period has lapsed, no refunds will be issued. Refunds are processed on a case-by-case basis, and we reserve the right to deny any refund request if it doesn't meet our policies' criteria.
5. Usage Guidelines
At Acteria, we strive to maintain a professional, productive, and respectful environment for all our users. To ensure this, there are certain behaviors and practices we strictly prohibit:
• Prohibited Behaviors: Users may not engage in:
• Spamming, which includes unsolicited advertisements or bulk messages.
• Undertaking or promoting any illegal activities, which includes actions that violate local, state, national, or international laws.
• Posting malicious or harmful content, such as viruses, malware, or any other destructive code.
• Harassment, threats, or any form of discrimination towards other users or third parties.
• Impersonating another user or entity, or misrepresenting one's affiliation with any entity.
Acteria reserves the right to monitor user-generated content to ensure compliance with our Usage Guidelines. Should any content be found that violates these guidelines, our policies, or any applicable laws, Acteria has the complete discretion to modify, hide, or remove such content. Furthermore, depending on the severity of the violation, we may take appropriate actions, which can include terminating or suspending user accounts.
By using Acteria, users agree to adhere to these guidelines and acknowledge that any failure to do so may result in actions taken against their accounts.
• Prohibited Behaviors: Users may not engage in:
• Spamming, which includes unsolicited advertisements or bulk messages.
• Undertaking or promoting any illegal activities, which includes actions that violate local, state, national, or international laws.
• Posting malicious or harmful content, such as viruses, malware, or any other destructive code.
• Harassment, threats, or any form of discrimination towards other users or third parties.
• Impersonating another user or entity, or misrepresenting one's affiliation with any entity.
Acteria reserves the right to monitor user-generated content to ensure compliance with our Usage Guidelines. Should any content be found that violates these guidelines, our policies, or any applicable laws, Acteria has the complete discretion to modify, hide, or remove such content. Furthermore, depending on the severity of the violation, we may take appropriate actions, which can include terminating or suspending user accounts.
By using Acteria, users agree to adhere to these guidelines and acknowledge that any failure to do so may result in actions taken against their accounts.
6. Intellectual Property:
Ownership: Acteria and all underlying technologies, methodologies, and components are the exclusive property of Acteria Inc., including all associated software, trademarks, copyrights, patents, and other intellectual property rights therein. By using Acteria, you acknowledge that you are granted a limited, non-exclusive, non-transferable license to access and use our platform for the purposes intended, and no proprietary rights are conferred upon you by such use.
User Data: While Acteria facilitates the creation and management of business applications and content, users retain full ownership and control of the data they input or generate while using our platform. We do not claim any ownership rights over such data, and any processing or handling of user data is done in accordance with our Privacy Policy.
User-Generated Content: Content created by users, such as application configurations, dashboard layouts, workflows, or any other user-generated designs, remains the intellectual property of the respective user or account holder. However, by using our platform, you grant Acteria Inc. a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use, display, reproduce, and modify such content for the sole purpose of providing, promoting, and improving the Acteria platform and associated services.
Protection and Prohibitions: Users are prohibited from copying, reverse engineering, disassembling, decompiling, or otherwise attempting to derive the source code of the Acteria platform. Such actions are considered a breach of this agreement and may result in legal action. Acteria employs measures to protect its intellectual property and will enforce its rights to the fullest extent permitted by law.
User Data: While Acteria facilitates the creation and management of business applications and content, users retain full ownership and control of the data they input or generate while using our platform. We do not claim any ownership rights over such data, and any processing or handling of user data is done in accordance with our Privacy Policy.
User-Generated Content: Content created by users, such as application configurations, dashboard layouts, workflows, or any other user-generated designs, remains the intellectual property of the respective user or account holder. However, by using our platform, you grant Acteria Inc. a non-exclusive, transferable, sub-licensable, royalty-free, and worldwide license to use, display, reproduce, and modify such content for the sole purpose of providing, promoting, and improving the Acteria platform and associated services.
Protection and Prohibitions: Users are prohibited from copying, reverse engineering, disassembling, decompiling, or otherwise attempting to derive the source code of the Acteria platform. Such actions are considered a breach of this agreement and may result in legal action. Acteria employs measures to protect its intellectual property and will enforce its rights to the fullest extent permitted by law.
7. Data Protection and Privacy:
Privacy Policy: We are committed to safeguarding the privacy of our users and the data they entrust with us. For a complete understanding of how we collect, use, and protect your personal information, please refer to our Privacy Policy.
Data Handling and Security: At Acteria, we prioritize your data's security. We employ a combination of technological and organizational measures designed to protect your information from unauthorized access, loss, or misuse. While we strive to provide a safe environment, it's essential to understand that no online platform can guarantee absolute security. We encourage users to maintain strong passwords and practice caution when sharing any sensitive information.
Cookies and Tracking Technologies: Acteria uses cookies and other tracking technologies to enhance user experience and gather insights about platform usage. These tools allow us to remember your preferences, ensure platform functionality, and analyze user behavior to further improve our services. By using our platform, you consent to the use of such cookies and tracking technologies. If you wish to know more about the specific cookies we use and their purposes, please refer to our Cookie Policy.
Data Handling and Security: At Acteria, we prioritize your data's security. We employ a combination of technological and organizational measures designed to protect your information from unauthorized access, loss, or misuse. While we strive to provide a safe environment, it's essential to understand that no online platform can guarantee absolute security. We encourage users to maintain strong passwords and practice caution when sharing any sensitive information.
Cookies and Tracking Technologies: Acteria uses cookies and other tracking technologies to enhance user experience and gather insights about platform usage. These tools allow us to remember your preferences, ensure platform functionality, and analyze user behavior to further improve our services. By using our platform, you consent to the use of such cookies and tracking technologies. If you wish to know more about the specific cookies we use and their purposes, please refer to our Cookie Policy.
8. Limitation of Liability
To the maximum extent permitted by applicable law, Acteria and its service providers, licensors, agents, or employees shall not be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
Acteria provides the platform and its contents on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. No advice or information, whether oral or written, obtained by you from Acteria or through the service will create any warranty not expressly stated herein.
Furthermore, Acteria does not warrant that the service will be secure, uninterrupted, timely, or error-free, that any defects in the service will be corrected, or that the service or the server that makes the service available are free from any harmful components, including viruses. Acteria does not make any representations or warranties that the information (including any instructions) on the service is accurate, complete, or useful.
In no event shall Acteria's cumulative liability to you, for any and all claims relating to or arising out of your use of the service, regardless of the form of action, exceed the greater of: (a) the total amount of fees, if any, that you paid to utilize the service during the three (3) months immediately preceding the event giving rise to the claim; or (b) one hundred U.S. Dollars (USD 100).
You agree that any claim or cause of action arising out of or related to these terms or your use of the service must be filed within one (1) month after such claim or cause of action arose or be forever barred.
Acteria provides the platform and its contents on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. No advice or information, whether oral or written, obtained by you from Acteria or through the service will create any warranty not expressly stated herein.
Furthermore, Acteria does not warrant that the service will be secure, uninterrupted, timely, or error-free, that any defects in the service will be corrected, or that the service or the server that makes the service available are free from any harmful components, including viruses. Acteria does not make any representations or warranties that the information (including any instructions) on the service is accurate, complete, or useful.
In no event shall Acteria's cumulative liability to you, for any and all claims relating to or arising out of your use of the service, regardless of the form of action, exceed the greater of: (a) the total amount of fees, if any, that you paid to utilize the service during the three (3) months immediately preceding the event giving rise to the claim; or (b) one hundred U.S. Dollars (USD 100).
You agree that any claim or cause of action arising out of or related to these terms or your use of the service must be filed within one (1) month after such claim or cause of action arose or be forever barred.
9. Termination:
To the maximum extent permitted by applicable law, Acteria and its service providers, licensors, agents, or employees shall not be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data, or other intangible losses, arising out of or relating to the use of, or inability to use, the service.
Acteria provides the platform and its contents on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. No advice or information, whether oral or written, obtained by you from Acteria or through the service will create any warranty not expressly stated herein.
Furthermore, Acteria does not warrant that the service will be secure, uninterrupted, timely, or error-free, that any defects in the service will be corrected, or that the service or the server that makes the service available are free from any harmful components, including viruses. Acteria does not make any representations or warranties that the information (including any instructions) on the service is accurate, complete, or useful.
In no event shall Acteria's cumulative liability to you, for any and all claims relating to or arising out of your use of the service, regardless of the form of action, exceed the greater of: (a) the total amount of fees, if any, that you paid to utilize the service during the three (3) months immediately preceding the event giving rise to the claim; or (b) one hundred U.S. Dollars (USD 100).
You agree that any claim or cause of action arising out of or related to these terms or your use of the service must be filed within one (1) month after such claim or cause of action arose or be forever barred.
Acteria provides the platform and its contents on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including but not limited to, warranties of merchantability, fitness for a particular purpose, title, and non-infringement. No advice or information, whether oral or written, obtained by you from Acteria or through the service will create any warranty not expressly stated herein.
Furthermore, Acteria does not warrant that the service will be secure, uninterrupted, timely, or error-free, that any defects in the service will be corrected, or that the service or the server that makes the service available are free from any harmful components, including viruses. Acteria does not make any representations or warranties that the information (including any instructions) on the service is accurate, complete, or useful.
In no event shall Acteria's cumulative liability to you, for any and all claims relating to or arising out of your use of the service, regardless of the form of action, exceed the greater of: (a) the total amount of fees, if any, that you paid to utilize the service during the three (3) months immediately preceding the event giving rise to the claim; or (b) one hundred U.S. Dollars (USD 100).
You agree that any claim or cause of action arising out of or related to these terms or your use of the service must be filed within one (1) month after such claim or cause of action arose or be forever barred.
10. Governing Law and Dispute Resolution:
The terms of this agreement and any disputes or claims arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) are governed by and construed in accordance with the laws of the State of Delaware.
In the event of any dispute arising out of or in relation to Acteria, both you and Acteria agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one party to the other.
If the parties fail to resolve their dispute through informal negotiations, you and Acteria agree that any dispute arising out of or in relation to this platform shall be finally settled by binding arbitration administered by a commonly used arbitration institution for SaaS startups in Delaware, or another forum mutually agreed upon by the parties. The arbitrator shall have exclusive authority to resolve any arbitration claims, including any claim that all or any part of these Terms are void or voidable. The arbitration shall be conducted in English and in Delaware, unless you and Acteria otherwise agree. You and Acteria both consent to venue and personal jurisdiction there. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction for injunctive or other equitable relief.
It is important to note that you will be required to resolve disputes with Acteria on an individual basis through arbitration. You thus waive your right to a jury trial or to participate in a class action lawsuit or class-wide arbitration. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted.
In the event of any dispute arising out of or in relation to Acteria, both you and Acteria agree to first attempt to negotiate any dispute informally for at least thirty (30) days before initiating any arbitration or court proceeding. Such informal negotiations commence upon written notice from one party to the other.
If the parties fail to resolve their dispute through informal negotiations, you and Acteria agree that any dispute arising out of or in relation to this platform shall be finally settled by binding arbitration administered by a commonly used arbitration institution for SaaS startups in Delaware, or another forum mutually agreed upon by the parties. The arbitrator shall have exclusive authority to resolve any arbitration claims, including any claim that all or any part of these Terms are void or voidable. The arbitration shall be conducted in English and in Delaware, unless you and Acteria otherwise agree. You and Acteria both consent to venue and personal jurisdiction there. Notwithstanding the foregoing, either party may apply to any court of competent jurisdiction for injunctive or other equitable relief.
It is important to note that you will be required to resolve disputes with Acteria on an individual basis through arbitration. You thus waive your right to a jury trial or to participate in a class action lawsuit or class-wide arbitration. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted.
11. Changes to Terms
Modification of Terms: Acteria reserves the right, in its sole discretion, to modify, amend, or revise these Terms of Use at any time. Such modifications will become effective immediately upon their posting on our platform or website. It is your responsibility to review these terms periodically to stay informed about any changes.
Notification: We will make reasonable efforts to notify you of significant changes to these terms. Such notifications may be provided by sending an email to your registered email address, through notifications within our platform, or by updating the "Last Updated" date at the top of these Terms of Use. However, it remains your responsibility to check these terms regularly and ensure you are familiar with the latest version. Continued use of the Acteria platform after any modifications indicates your acceptance of the changed terms.
Notification: We will make reasonable efforts to notify you of significant changes to these terms. Such notifications may be provided by sending an email to your registered email address, through notifications within our platform, or by updating the "Last Updated" date at the top of these Terms of Use. However, it remains your responsibility to check these terms regularly and ensure you are familiar with the latest version. Continued use of the Acteria platform after any modifications indicates your acceptance of the changed terms.
12. Miscellaneous:
a. Waiver: Failure by Acteria to enforce any provision of these Terms of Use will not be deemed a waiver of future enforcement of that or any other provision. No waiver by Acteria of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Acteria to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
b. Entire Agreement: These Terms of Use, along with any other agreements or policies referred to herein or provided to users in connection with the Service, constitute the entire agreement between Acteria and the user relating to the subject matter herein and supersede any and all prior understandings, written or oral, relating to the subject matter. Users agree that they shall not challenge the enforceability or validity of these Terms of Use on the grounds that it was electronically transmitted or authorized.
c. Severability: If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. In the event that any provision of these Terms is found to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
b. Entire Agreement: These Terms of Use, along with any other agreements or policies referred to herein or provided to users in connection with the Service, constitute the entire agreement between Acteria and the user relating to the subject matter herein and supersede any and all prior understandings, written or oral, relating to the subject matter. Users agree that they shall not challenge the enforceability or validity of these Terms of Use on the grounds that it was electronically transmitted or authorized.
c. Severability: If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. In the event that any provision of these Terms is found to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
+1 (914) 357-4033
447 Broadway, New York, NY, New York, US, 10013
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+1 (914) 357-4033
447 Broadway, New York, NY, New York, US, 10013