Terms of Service for Acta AI

These Terms of Service are effective as of the date you first click “I agree” (or similar button or checkbox) or use or access the Services, whichever is earlier. If you accept or agree to these Terms of Service on behalf of your employer or another legal entity, you represent and warrant that (i) you have full legal authority to bind your employer or such entity to these Terms of Services; (ii) you have read and understand these Terms of Service; and (iii) you agree to these Terms of Service on behalf of the party that you represent and any permitted users of such party. In such an event, “you” and “your” will refer and apply to your employer or such other legal entity. Any personal data you submit to us or which we collect about you is governed by our Privacy Policy

You acknowledge that by using the Services, you have reviewed the Privacy Policy. The Privacy Policy is incorporated by reference into these Terms of Service and together form and are hereinafter referred to as this “Agreement.” PLEASE NOTE: THIS AGREEMENT GOVERNS HOW DISPUTES BETWEEN YOU AND ACTA CAN BE RESOLVED. IT CONTAINS A BINDING AND FINAL ARBITRATION PROVISION AND CLASS ACTION WAIVER (SECTION 14). PLEASE READ CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING, IF APPLICABLE, YOUR RIGHT TO OPT OUT OF ARBITRATION

By using the Services, you agree to provide true, accurate, current and complete information as prompted by the registration process and to maintain and promptly update the Account information to keep it accurate, current and complete.

You are the sole authorized user of your Account. You are responsible for maintaining the confidentiality of any log-in, password, and Account number provided by you or given to you by Acta for accessing the 1 Services. You are solely and fully responsible for all activities that occur under your password or Account. Acta has no control over the use of any user’s Account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or Account or you suspect any other breach of security, you agree to contact Acta immediately. The person signing up for the Services will be the contracting party (“Account Owner”) for the purposes of these Terms of Service and will be the person who is authorized to use any corresponding Account we provide to the Account Owner in connection with the Services; provided, however, that if you are signing up for the Services on behalf of your employer, your employer shall be the Account Owner. As the Account Owner, you are solely responsible for complying with these Terms of Service and only you are entitled to all benefits accruing thereto. Your Account is not transferable to any other person or account. You must immediately notify us of any unauthorized use of your password or identification or any other breach or threatened breach of our security or the security of your Account.

3. Billing and Payment Payment and any other expenses must be paid through the third party payment processing system (the “ PSP”) as indicated on the Services. You may be required to register with the PSP, agree to terms of service of the PSP, provide your payment details to the PSP and go through a vetting process at the request of the PSP to set up an account with the PSP (the “PSP Services Agreement”). By accepting these Terms of Service, you agree that you have downloaded or printed, and reviewed and agreed to, the PSP Services Agreement. Please note that Acta is not a party to the PSP Services Agreement and that you, the PSP and any other parties listed in the PSP Services Agreement are the parties to the PSP Services Agreement and that Acta has no obligations, responsibility or liability to any user or any other party under the PSP Services Agreement. All prices and fees displayed on the Services are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services or other taxes, fees or charges now in force or enacted in the future (“Taxes”). Any applicable Taxes are based on the rates applicable to the billing address you provide to us, and will be calculated at the time a transaction is charged to your Account. Unless otherwise indicated, all prices, fees and other charges are in U.S. dollars, and all payments shall be in U.S. currency. 4. User Content “User Content” is defined as any content, information, and materials that may be textual, audio, or visual that you provide, submit, upload, publish, or make otherwise available to the Services and other users. You are the only one who is in charge of User Content. You agree that you are the only one responsible for the User Content you send, transmit, display, or upload while using the Services. You are also responsible for following all laws that apply to the User Content, including, but not limited to, any laws that require you to get permission from a third party to use the User Content and to give proper notices of third-party rights. You promise and guarantee that you have the right to upload the User Content to the Services and that doing so does not violate or infringe on the rights of any third party. Under no circumstances will Acta be responsible for (a) User Content that is sent or viewed while using the Services, (b) errors or omissions in the User Content, or (c) any loss or damage of any kind caused by the authorised use of, access to, or denial of access to User Content. Acta isn't responsible for any User Content, but it has the right to delete any User Content at any time without notice if it breaks any of the rules in this agreement or the law. You keep the right to copy User Content and any other rights you already have.

You acknowledge and agree that Acta:

• (i) will not be false, inaccurate, incomplete or misleading;
• (ii) will not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary right or rights of publicity, personality or privacy;
• (iii) will not violate any law, statute, ordinance, or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, false advertising, anti-spam or privacy);
• (iv) will not be defamatory, libelous, unlawfully threatening, or unlawfully harassing; (v) will not be obscene or contain pornography (including but not limited to child pornography) or be harmful to minors; (vi) will not facilitate human trafficking;
• (vii) will not support terrorism or terrorist organizations;
• (viii) will not be fraudulent, false or misleading;
• (ix) will not be defamatory, harassing, threatening or abusive, which includes any activity that reflects hatred against others based on race, religion, ethnicity, national origin, gender or sexual orientation;
• (x) will not send unauthorized messages, advertising or spam, including unsolicited promotional or commercial content or other mass solicitation materials;
• (xi) will not misrepresent your identity or affiliation with any entity or organization, or impersonate any other person;
• (xii) will not harvest, collect or gather user data without consents;
• (xiii) will not contain any viruses, Trojan Horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (xiv) will not represent you being employed or directly engaged by or affiliated with Acta or purport you to act as a representative or agent of Acta;
• and (xv) will not create liability for Acta or cause Acta to lose (in whole or in part) the services of its ISPs or other suppliers. You are responsible for compliance with all recording laws. You may choose to record certain meetings in Acta.

• Is not involved in the creation or development of User Content.
• Disclaims any responsibility for User Content.
• Cannot be liable for claims arising out of or relating to User Content.
• Is not obligated to monitor, review, or remove User Content, but reserves the right to limit or remove User Content on the Services at its sole discretion. You hereby represent and warrant to Acta that your User Content

By using the Services, you are giving Acta consent to store recordings for any or all Acta meetings or webinars that you join, if such recordings are stored in Acta’ systems. You will receive a notification (visual or otherwise) when recording is enabled. If you do not consent to being recorded, you can choose to leave the meeting.

After cancellation your profile will be purged and, you will no longer have access to your Account, your profile or any other information through the Services. The provisions of these Terms of Service which by their intent or meaning intended to survive such termination, including without limitation the provisions relating to disclaimer of warranties, limitations of liability, and indemnification, shall survive any termination of these Terms of Service and any termination of your use of or subscription to the Services and shall continue to apply indefinitely. At any time and for any reason, we have the right to deny access to the Services to anybody. If Acta is investigating you or believes you have violated any of the terms of this Agreement, we may prevent you from accessing the Services or restrict how much of them you can use. We'll inform you in writing or by email. This notice of termination or limitation shall be effective immediately. You cannot register for and create a new Account in the name of a third party, a fake or borrowed name, or your own identity if Acta terminates or restricts your ability to use the Services due to this section, even if you are acting on their behalf. Even after your right to use the Services is terminated or limited, this Agreement will remain enforceable against you.

Acta reserves the right to take appropriate legal action, including but not limited to pursuing arbitration in accordance with Section 14 of these Terms of Service. Acta reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Services at its sole discretion. Acta is not liable to you for any modification or discontinuance of all or any portion of the Services. Acta has the right to restrict anyone from completing registration as a user if Acta believes such a person may threaten the safety and integrity of the Services, or if, in Acta’ discretion, such restriction is necessary to address any other reasonable business concern. Following the termination or cancellation of your Account (as defined below), we reserve the right to delete all your data, including any User Content, in the normal course of operation. Your data cannot be recovered once your Account is terminated or cancelled.