ActualCo Terms of Service

ActualCo provides Operational Experience software and related services for physical-world operating environments.

The services may include:

• website content and educational resources
• request-access and contact forms
• guided Actual Experience walkthroughs
• interactive workflow mapping and evaluation environments
• production software services
• operational record configuration
• support, onboarding and related professional services

ActualCo's services may support multiple operating environments, including Actual Campus, Actual Active, Actual Stores, Actual Sage, Actual Vital, Actual Guest, Actual Civic, Actual Reach and Actual Core.

Not every vertical, feature, workflow or capability described on the website is necessarily available in production for every customer. Availability may depend on the customer agreement, implementation scope, product maturity, configuration and operating environment.

ActualCo may grant access to website content, walkthroughs, evaluation environments or production services.

Access rights are:

• limited
• revocable
• non-exclusive
• non-transferable
• subject to these Terms and any applicable customer agreement

Users must keep login credentials secure and must not share accounts unless expressly authorised by ActualCo or the relevant customer organisation.

Customer organisations are responsible for managing their authorised users and ensuring that users have appropriate authority to access the relevant environment and data.

Actual Experience walkthroughs, interactive workflows and evaluation environments are provided to help organisations assess fit before a production engagement.

Unless expressly agreed in writing:

• evaluation access is for assessment purposes only
• evaluation environments must not be used for live operational reliance
• users must not enter sensitive, regulated or unnecessary personal information into evaluation environments
• ActualCo may suspend, limit or withdraw evaluation access at any time
• evaluation content, sample data, workflows and configurations may be illustrative and may not represent final production functionality

Customer organisations retain ownership of data they provide to ActualCo or enter into ActualCo services.

Customer organisations are responsible for:

• ensuring Customer Data is lawful, accurate and appropriate
• obtaining required notices, consents or permissions
• controlling who is authorised to access their environment
• ensuring users do not enter prohibited, unnecessary or excessive personal information
• complying with laws and internal policies that apply to their operating environment

ActualCo may host, process, transmit and display Customer Data as reasonably required to provide, secure, support and improve the services.

Actual Campus is designed for school operations, not for student information management or learning management.

Schools must not use ActualCo as a student information system, learning management system, clinical record, counselling record or repository for sensitive child data.

Where operational references to students are unavoidable, schools should minimise personal information and use asset, location or operational identifiers where possible.

The school remains responsible for determining what information may lawfully be collected, entered, accessed and retained.

Users must not:

• use ActualCo unlawfully
• bypass or attempt to bypass security controls
• access data, accounts or environments without authorisation
• interfere with platform availability, integrity or performance
• reverse engineer, copy or misuse the software
• upload malicious code
• use the services to store unlawful, harmful or inappropriate content
• enter sensitive personal information unless expressly required and authorised for the relevant customer environment
• use evaluation environments for live operational reliance unless expressly agreed in writing

ActualCo may suspend access where it reasonably believes these Terms, security requirements or applicable laws have been breached.

ActualCo provides software to support operational visibility, ownership, evidence and follow-through.

Customer organisations remain responsible for:

• operational decisions
• compliance decisions
• safety decisions
• contractor approvals
• vendor verification
• incident response
• workplace, site, facility or public safety obligations
• regulatory obligations that apply to their sector

ActualCo does not replace professional judgement, management responsibility, legal advice, safety advice, clinical advice, financial advice or regulatory advice.

ActualCo and its licensors retain all rights, title and interest in the software, website, workflows, product design, documentation, templates, content, trademarks, logos, know-how and related intellectual property.

Customer organisations retain ownership of their Customer Data.

Customers and users must not copy, modify, distribute, resell, reverse engineer or create derivative works from ActualCo software or content except as expressly permitted in writing.

Feedback, suggestions or ideas provided to ActualCo may be used to improve ActualCo products and services without obligation, provided ActualCo does not disclose confidential Customer Data in doing so.

Fees for production services, implementation, support or other paid engagements are set out in the relevant order form, proposal, subscription agreement, statement of work or other written agreement.

Non-payment may result in suspension or termination of services in accordance with the applicable agreement.

Website access, Actual Experience access or evaluation access does not create a production subscription unless separately agreed in writing.

During evaluation, workflow mapping, implementation or production use, each party may receive confidential information from the other.

Confidential information must be used only for the purpose for which it was provided and must not be disclosed except to personnel, advisers or service providers who need to know and are subject to appropriate confidentiality obligations.

Confidentiality obligations do not apply to information that is public, already known, independently developed or lawfully received from another source.

ActualCo handles personal information in accordance with the ActualCo Privacy Policy.

Customers are responsible for ensuring that personal information they provide to ActualCo, or enter into ActualCo services, is collected and used lawfully.

ActualCo aims to provide reliable services, but does not guarantee uninterrupted or error-free availability.

ActualCo may update, improve, suspend, modify or discontinue website content, evaluation environments or software features from time to time.

For production customers, material service commitments, support obligations or availability commitments should be documented in the relevant customer agreement.

ActualCo may integrate with or rely on third-party services, including hosting, authentication, analytics, email, communication, data, mapping or other infrastructure providers.

ActualCo is not responsible for third-party services outside its reasonable control. Use of third-party services may be subject to additional terms.

To the maximum extent permitted by law:

• website content is provided for general information only
• evaluation environments are provided for assessment and demonstration only
• ActualCo does not warrant that every website-described capability will be available for every customer or vertical
• ActualCo does not warrant that the services will meet every customer requirement unless expressly agreed in writing
• ActualCo does not provide legal, compliance, clinical, safety, financial or regulatory advice

Nothing in these Terms excludes rights that cannot be excluded under Australian Consumer Law or other applicable laws.

To the maximum extent permitted by law, ActualCo's liability is limited to the fees paid by the customer for the relevant services in the 12 months before the event giving rise to the claim.

ActualCo is not liable for indirect, consequential, special or loss-of-profit damages except where liability cannot lawfully be excluded.

Where the services are provided free of charge, for website use, evaluation or demonstration purposes, ActualCo's liability is limited to the resupply of the relevant service or AUD $100, to the maximum extent permitted by law.

ActualCo may suspend or terminate access to website services, evaluation environments or production services where:

• these Terms are breached
• security is at risk
• access is no longer authorised
• required fees are unpaid
• the applicable customer agreement ends
• continued access would create legal, operational or security risk

For production customers, termination rights and post-termination data export or deletion obligations should be managed under the applicable written agreement.

ActualCo is not liable for delay or failure caused by events beyond its reasonable control, including natural disasters, internet outages, cloud provider failures, cyber incidents, industrial action, pandemics, war, government action or other events outside ActualCo's reasonable control.

ActualCo may update these Terms from time to time.

The latest version will be published on the ActualCo website. Material changes may also be notified to customer administrators or relevant contacts where appropriate.

Continued access to or use of ActualCo services after changes take effect means the updated Terms apply.

These Terms are governed by the laws of New South Wales, Australia.

The courts of New South Wales have exclusive jurisdiction, except where applicable law requires otherwise.

For questions about these Terms, contact:

ActualCo
hello@actualco.com

For privacy matters, contact:

Privacy Officer
privacy@actualco.com