Terms of Service

These Terms of Service (“Terms”) govern the ActuTrack business-management software and related services provided by ActuTrack LTD (“ActuTrack,” “we,” “us,” “our”) to the legal business entity that purchases or uses the service (“Customer”). These Terms are intended for business use, not personal, family or household purchases. A person accepting them for a Customer represents that the person has authority to bind the Customer.

The applicable agreement consists of these Terms, an agreed order or checkout confirmation, the applicable Subscription & Billing Policy, and any signed supplemental terms or Data Processing Addendum (DPA). In a conflict, a signed order or DPA takes precedence for its specific subject matter, followed by these Terms and the relevant published policy, unless expressly agreed otherwise.

The intended acceptance method is an affirmative agreement by an authorized representative to the identified effective version before company onboarding or purchase, or a signed order incorporating that version. The Privacy Policy explains information practices and is not a substitute for any separately required consent. This draft cannot be accepted as an effective contract. Existing accounts must not be treated as having accepted it merely because it appears on the website.

ActuTrack is a hosted enterprise-resource-planning platform designed for supported business industries, initially printing and signage. Depending on the selected edition and subscription, features may include CRM, estimates, jobs, production, inventory, purchasing, costing, invoicing, employee roles and approved integrations.

Only features actually available to the Customer's plan and edition at the time of ordering are included. Product roadmaps, demonstrations, beta releases, “coming soon” descriptions, planned AI assistance and Professional-only features do not constitute a promise to deliver on a specific date. We may change features for security and technical reasons, subject to applicable notice, agreements and law.

Customer will provide accurate business account information, designate authorized administrators, maintain access credentials and manage employee invitations, roles and access. Customer is responsible for activities of authorized users and promptly informing ActuTrack of suspected unauthorized access. Access is limited by purchased seats, plan entitlements and role-based controls.

Customer must not attempt unauthorized access, circumvent security or seat limits, introduce malicious code, or use the platform unlawfully. Highly sensitive or specially regulated personal information should not be uploaded unless the selected services, safeguards and applicable agreements support its processing.

Customer retains ownership and applicable rights in business information, images, job files, records and personal information supplied to the platform (“Customer Content”). Customer grants ActuTrack and its authorized providers a limited right to host, transmit, store, back up, secure and process Customer Content only as needed to provide the contracted service, follow lawful instructions, maintain security and meet applicable legal obligations. This is not a transfer of ownership.

Each party will protect the other's non-public confidential information with reasonable care, use it only for the agreement's purposes and disclose it only to personnel or providers who need it and are bound by appropriate duties. Confidential information excludes material the recipient can demonstrate is lawfully public, already lawfully known without restriction, independently developed without using the protected information, or lawfully received from another source without a duty of confidence. Required legal disclosures must be limited to what is required; the recipient will provide notice and reasonable protective assistance where legally permitted. Confidentiality obligations continue after termination while the information remains confidential, and personal-information duties continue for as long as applicable law or the processing schedule requires.

Customer represents that it has necessary rights and legal authority to supply and process Customer Content, including any personal data of its staff, customers and suppliers.

The Privacy Policy describes ActuTrack's handling of account, billing, support and workspace information. Sections 1.15–1.22 contain the proposed customer processing schedule and form part of these Terms when validly adopted. For its own account administration and legal compliance, ActuTrack determines its applicable processing purposes; for customer-directed workspace processing, Customer normally determines its business purposes. Legal duties apply according to the facts, regardless of these labels.

Opening a ticket or sending email does not grant support access to a workspace. Available assisted access requires the organization's approval of scope and duration; sensitive corrections require the applicable additional approvals. The supplier/country disclosure must be completed before this draft is adopted.

Subscription prices, fees, included seats, extra-seat charges, term and renewal conditions are disclosed in the applicable order and Subscription & Billing Policy before purchase. ActuTrack LTD is the provider of ActuTrack SaaS subscriptions. Payments that a subscribing business receives from its own customers through connected payment services are distinct transactions, governed by the business's merchant agreement and applicable payment provider terms.

Subscription upgrades, downgrades, cancellations, trials and failed-payment restrictions follow the approved and disclosed billing schedule, subject to mandatory law. Customers will not be moved from a free trial or promotional free period to paid billing without a valid affirmative purchase/payment authorization.

Customer may choose to connect third-party services. Such services can have their own terms, privacy practices, availability and costs. ActuTrack does not guarantee the continued operation of a third-party system. Provider responsibilities will not reduce any non-waivable obligations owed by ActuTrack under applicable law.

ActuTrack provides support through the channels actually made available and described in the Support & Service Policy. Unless a signed service-level agreement expressly states otherwise, ActuTrack has not committed to a numerical uptime guarantee, 24-hour staffing, fixed resolution times or service credits.

We use backup and recovery controls appropriate to the service; no specific recovery point, recovery time or error-free restoration is promised unless separately contracted. Customer should maintain copies of information it is legally required to preserve. This does not excuse ActuTrack's security and contractual responsibilities.

We may restrict accounts where reasonably needed for security, unlawful use, serious contract breaches or unpaid subscriptions, subject to appropriate notice and applicable law. Customer may cancel paid subscriptions through available billing controls, normally effective at the end of the paid billing term, as disclosed at purchase.

For an ordinary material breach, the non-breaching party may terminate if the breach remains unremedied 30 days after written notice describing it. Immediate proportionate restriction may be used when needed to address a material security risk or unlawful activity. If ActuTrack ends a paid service for convenience, it will give at least 30 days' notice and refund prepaid fees for the unused period. These are proposed terms, not current release commitments.

Before permanent workspace removal, ActuTrack will agree or communicate the applicable export/closure arrangements to the authorized Owner. Viewing, export, holds and deletion follow the Data Retention, Export & Deletion Policy and processing schedule. Cancellation does not authorize immediate destruction, guarantee a 90-day window or make every export fully restorable. Fees already due, confidentiality, data-protection duties, lawful retention, liability limits and dispute provisions survive to the extent relevant after termination.

ActuTrack and its licensors retain their software, branding, documentation and other intellectual property. Customer receives a limited, non-exclusive, non-transferable right to use available features during authorized access, subject to these Terms. Customer retains ownership of Customer Content.

ActuTrack will use reasonable care and skill to provide the contracted service in substantial accordance with the applicable order and documentation. The service is not promised to be uninterrupted, error-free, suitable for every purpose or compliant with every customer's professional obligations. Customers remain responsible for checking estimates, production decisions and accounting outputs. Beta features may change and must not be relied upon as guaranteed future deliverables.

For a material failure of the express service commitment, Customer should notify support with sufficient details. ActuTrack will first use reasonable efforts to correct or reperform the affected service. If a material failure remains unremedied after the 30-day written cure period, Customer may terminate the affected service and receive a proportionate refund of prepaid unused fees. Mandatory remedies remain available. No broader service warranty or uptime credit is offered unless expressly agreed.

Proposed liability allocation for review: To the extent permitted by law, each party's total liability arising from the agreement is limited to the greater of CAD $1,000 and the fees paid or payable by Customer for the affected service during the 12 months before the event giving rise to the claim. Related claims do not increase that aggregate cap. For a party's breach of confidentiality or personal-information protection obligations, the separate aggregate cap is the greater of CAD $2,000 and twice those 12-month fees; that higher cap replaces, rather than adds to, the ordinary cap for those claims.

Neither party is liable for indirect, consequential, special or punitive loss, including lost profits or business opportunities, to the extent lawful. This does not remove expressly agreed refund remedies. The caps and exclusions do not apply to fraud, wilful misconduct or liability that applicable law does not permit the parties to limit. Customer's obligation to pay agreed fees is not reduced by a liability cap. Nothing limits statutory rights, a regulator's powers or either party's obligation to comply with privacy law.

No general customer indemnity, personal guarantee or mandatory arbitration is imposed by this proposal. A separate negotiated order may address specific infringement risks. These proposed limits, remedies and exceptions require owner approval and focused Canadian legal review before adoption; they are not enforceable obligations created by this draft.

The proposed agreement is governed by Alberta law and applicable Canadian federal law, subject to mandatory law that cannot be displaced by contract. Each party should first give written notice of a dispute and allow 30 days for good-faith discussion between authorized representatives.

If unresolved, the parties submit to the courts of Alberta sitting in Calgary, subject to any mandatory jurisdictional rights. Either party may seek urgent protective relief where legally available without waiting for the discussion period. This process does not restrict complaints to a privacy regulator or other statutory remedies and does not require arbitration. These are proposed forum terms, not an opinion on enforcement in every country.

Material changes affecting an existing Customer's rights, features, subscription terms or price will be communicated with the advance notice and, where necessary, affirmative consent required by law and the agreement. An updated website posting alone will not be used to override mandatory rights. Security or legally required changes may need to occur sooner.

Notices may be sent through verified account notices, email to the authorized billing contact or other agreed channels. Customers should maintain a current business contact address.

ActuTrack LTD, Alberta, Canada Email: support@actutrack.com Website: https://actutrack.com

This schedule applies to personal information ActuTrack processes on Customer's behalf in the hosted workspace for the duration of authorized service and necessary closure handling. It covers account-linked workspace contacts, employees and assignments, customers and supplier representatives, operational records, messages, uploaded files and associated identifiers as actually supplied through enabled modules. Purposes are hosting, transmitting, displaying, securing, supporting and backing up the contracted service and executing lawful customer instructions.

Customer determines lawful workspace purposes and supplies required notices and authority. Documented instructions consist of the agreement, authorized use of enabled features and verified written requests consistent with the service. ActuTrack will not sell identifiable workspace information or use it for unrelated advertising or AI-model training under this schedule. Provider-specific security processing and ActuTrack's own account data are separately described in the Privacy Policy.

ActuTrack will restrict access to personnel and providers who need it for authorized purposes and are subject to confidentiality duties. Safeguards will be appropriate to the information and risks, including authentication, organization/role access controls, protected transfers, operational logging and recovery measures. No certification, absolute security or numerical recovery objective is promised by this schedule.

The scoped customer approval process governs ordinary assisted support access. Security response, lawful disclosure and infrastructure administration are distinct purposes and must be restricted, justified and documented; they do not authorize unrestricted browsing or editing of business records.

Customer authorizes providers identified in the completed service-provider disclosure to perform the stated tasks. ActuTrack remains responsible for its obligations and will use contractual or other appropriate means to secure comparable protection, limit authorized purposes and address confidentiality, incidents and end-of-service handling. A provider's location does not remove ActuTrack's duties.

Before adopting these Terms, ActuTrack must complete the provider/country disclosure and verify applicable supplier contracts. For a material later change involving customer-directed personal-information processing, ActuTrack will provide advance notice where reasonably practicable and legally required. Customer may raise a reasonable documented privacy objection; the parties will seek an appropriate alternative. If none is reasonably available, Customer may terminate the affected service before the change and receive a proportionate refund of prepaid unused fees. An urgent security replacement may require earlier action and prompt subsequent notice.

ActuTrack will promptly route requests relating to Customer-controlled workspace information to Customer and provide reasonable assistance with access, correction, complaints and applicable privacy assessments. Customer remains responsible for decisions within its lawful control. ActuTrack will independently handle requests and duties concerning information under its own control.

Identity and authority checks must be proportionate. Customer instructions do not authorize disclosure of other people's protected information or refusal of a duty ActuTrack independently owes. Any extraordinary assistance fees must be agreed in advance and must not defeat non-waivable rights.

Upon becoming aware of a confirmed unauthorized loss, access, disclosure or other compromise affecting Customer personal information in ActuTrack's processing, ActuTrack will notify Customer without undue delay and provide available information on scope, affected categories, likely effects, containment and contact arrangements. Information may be provided in stages as the investigation develops. A notification is not by itself an admission of liability.

ActuTrack and Customer will reasonably cooperate to contain the incident and meet their respective reporting, notice and recordkeeping duties. Neither party may direct the other to suppress a legally required report. This contractual customer-notification undertaking is distinct from statutory reporting thresholds; no universal 72-hour notification promise is made.

On a verified authorized closure request or service termination, ActuTrack will provide supported return/export arrangements and delete or irreversibly de-identify customer-directed information no longer reasonably needed, subject to lawful holds and the agreed closure process. Necessary retained subsets must be restricted to their documented purpose; a broad reference to tax or audit duties is not authorization to retain every workspace record indefinitely.

Some backup copies cannot be selectively erased while locked. ActuTrack will explain applicable residual retention, restrict backup use to recovery, security or legal needs, and account for approved deletions when restoring data. Lock expiry permits deletion; it does not itself delete an object. No unverified automatic purge date or fixed post-cancellation access window is promised.

On a reasonable written request, ActuTrack will provide information reasonably necessary to explain compliance with this schedule, protecting secrets, other customers' data and infrastructure security. If documentation is insufficient to address a substantiated material concern, the parties will agree proportionate additional verification; no unrestricted direct database access or unbounded audit right is granted. Legal regulator powers remain unaffected.

ActuTrack will inform Customer if it reasonably believes an instruction conflicts with applicable privacy law, and may pause that instruction while seeking clarification. If legally compelled to disclose information, it will limit the disclosure and notify Customer where permitted.

For customer-directed personal-information processing, this schedule prevails over inconsistent general service wording; a separately signed processing agreement prevails for its specific subject matter. It does not transfer all privacy responsibility to either party or override mandatory law. Its confidentiality, restricted retention, assistance and incident duties continue for information retained after service ends.