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.
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.
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
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
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.
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
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
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.
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
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.
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
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
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.
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.
Certain features of our Services require payment of subscription fees. You agree to pay all applicable fees as described in your subscription plan.
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.
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.
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.
We provide technical support through various channels including email, chat, and documentation. Support levels may vary based on your subscription plan.
10. Data Breach Notification
In the event of a data breach that poses a risk to your rights and freedoms, we will:
Notify relevant supervisory authorities within 72 hours (where required)
Notify affected individuals without undue delay
Provide clear information about the nature and scope of the breach
Describe measures taken to address the breach
Provide guidance on steps you can take to protect yourself
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.
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
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
We will cooperate with you and relevant authorities in investigating and responding to security incidents, including providing necessary documentation and evidence.
You may terminate your account and these Terms at any time by contacting us or using the account termination features in our platform.
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.
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
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.
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.
Before pursuing litigation, we encourage parties to attempt to resolve disputes through good faith negotiations and, if necessary, mediation or arbitration.
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.
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.
If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
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.
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.
Legal and Compliance
Company: Actuals
Address: L 148, 5TH MAIN, HSR LAYOUT, 6TH SECTOR, BANGALORE SOUTH HSR LAYOUT,
BANGALORE-560102, India
Email: privacy@actuals.co.in
Phone: +91 8073 879 031
Data Protection Officer
Name: Saurabh Srivastava
Email: privacy@actuals.co.in
Phone: +91 8073 879 031
