Terms of Service

These Terms of Service ("Terms") govern access to and use of the Actuly platform, including the free trial and any paid subscription. By creating a workspace, accepting these Terms in the app, or using the Platform, you agree to be bound by them.

1. Parties

These Terms are between:

Actuly Limited ("Actuly", "we", "us")
Company number: 15702372
Registered address: International House, 10 Churchill Way, Cardiff, United Kingdom, CF10 2HE

and the organisation on whose behalf a workspace is created or these Terms are accepted ("you", "Customer"). The person accepting these Terms confirms that they have authority to bind that organisation.

2. The Platform

Actuly provides a cloud-based financial reporting and forecasting platform (the "Platform"). The Platform connects to accounting systems such as Xero, QuickBooks and FreeAgent, or accepts data you import, and produces dashboards, forecasts, management reports, board packs and AI-drafted commentary from that data.

We improve the Platform continually and may add, change or withdraw features from time to time. Where a change materially reduces functionality you are paying for, we will give you at least 30 days' notice by email.

We may suspend access immediately where necessary for security, legal or operational reasons, and will restore it as soon as reasonably practicable.

3. Free Trial

When you create a workspace through our website you receive a free trial of the full Platform for 30 days from the day the workspace is created (the "Trial"). No payment details are taken and nothing is charged during the Trial.

At the end of the Trial your access closes automatically unless you have subscribed under section 4. The Trial never converts to a paid subscription by itself: subscribing is a step you take, not one we take for you. Your data is kept for the period described in section 7 so that you can subscribe later without starting again.

The Trial is limited to one per organisation. We may withdraw or suspend a Trial where we reasonably believe it is being used in breach of these Terms, by someone who has already had a trial, or for a purpose other than genuine evaluation of the Platform.

4. Subscription and Fees

4.1 Subscribing

To continue using the Platform after the Trial, or to start using it without a trial, contact us at support@actuly.co and we will set up your subscription. Your subscription starts on the date we confirm it in writing.

4.2 Fees

Fees are charged per company you add to your workspace, per month, and are exclusive of VAT, which is added at the applicable rate. The current fees are published on our website at www.actuly.co.

Our launch price of £49 per company per month is fixed for 12 months from the date your workspace was created. After that period the then-current list price applies, unless we agree otherwise with you in writing. Demo companies we provide do not count towards your fees.

We may change our fees by giving you at least 30 days' notice by email. A change takes effect from the start of your next monthly period after the notice period ends. If you do not accept a fee change you may cancel under section 4.4 before it takes effect.

4.3 Billing and payment

We invoice monthly for the companies in your workspace at the start of that month. Invoices are payable within 14 days of the invoice date by bank transfer or card. If an invoice is not paid when due we may, after giving you at least 14 days' notice, suspend access to the Platform until it is paid.

4.4 Term and cancellation

Your subscription runs month to month. You may cancel at any time by emailing support@actuly.co; cancellation takes effect at the end of the monthly period in which we receive it, and fees already paid for that period are not refunded. If you no longer need a company in your workspace, email support@actuly.co and we will remove its licence and stop its fees from the start of the next monthly period.

5. Accounts and Users

You are responsible for the people you invite into your workspace, for keeping their login credentials confidential, and for everything done through their accounts. You must keep the contact details on your account accurate, since we use them for notices under these Terms. Tell us promptly at support@actuly.co if you suspect an account has been compromised.

6. Data Protection

6.1 Roles

For the purposes of the UK General Data Protection Regulation and the Data Protection Act 2018 ("data protection law"), you are the Data Controller of any personal data contained in the financial and other data you upload to, connect to, or access through the Platform ("Customer Data"). Actuly acts as your Data Processor and processes Customer Data solely to provide the Platform to you.

Actuly is a Data Controller in its own right for the account details of your users and for information about how the Platform is used, as described in our Privacy Policy.

6.2 Processing obligations

When processing Customer Data as your processor, Actuly will:

• Process it only on your documented instructions, which include these Terms and your use of the Platform's features, and for no other purpose
• Ensure that people authorised to process it are bound by confidentiality obligations
• Apply the technical and organisational security measures described in section 6.6
• Not engage another processor without your prior authorisation, which you give for the sub-processors listed in section 6.3
• Assist you, taking into account the nature of the processing, in responding to requests from data subjects and in meeting your security, breach notification and impact assessment obligations
• Delete or return all Customer Data at your choice when the Platform is no longer provided to you, as set out in section 7
• Make available the information reasonably necessary to demonstrate compliance with these obligations, and allow for and contribute to audits on reasonable notice, no more than once a year unless required by a regulator or following a breach

6.3 Sub-processors

Actuly uses the following sub-processors to deliver the Platform:

We will give you at least 30 days' notice by email of any new sub-processor. You may object on reasonable data protection grounds within that period, in which case we will work with you to resolve the objection and, if we cannot, you may cancel under section 4.4.

6.4 Personal data breach

If we become aware of a personal data breach affecting Customer Data we will notify you without undue delay, and in any event within 48 hours, with the information we have at the time, and keep you updated as we learn more.

6.5 Data subject rights

If you receive a request from a data subject relating to Customer Data, we will help you respond within the required timeframes. The Platform lets you view, correct and export your data directly; where you need more, contact us at support@actuly.co.

6.6 Security measures

Actuly implements appropriate technical and organisational measures including:

• Encryption of data in transit (TLS 1.2 or higher) and at rest (AES-256)
• A separate database and isolated file storage for each customer workspace
• Role-based access controls and audited authentication
• Regular security testing, monitoring and patching
• Staff training and confidentiality obligations
• Incident response procedures

6.7 International data transfers

Customer Data is stored and processed in the UK and the EU. Where any personal data is transferred outside the UK, we rely on the UK International Data Transfer Agreement or Addendum, Standard Contractual Clauses approved by the Information Commissioner's Office, and supplementary measures where appropriate.

7. Data Retention, Export and Deletion

Your data remains yours. While your Trial or subscription is active you can export your reports, forecasts and data from the Platform at any time in standard formats such as CSV, Excel, PDF and JSON.

When your Trial ends without a subscription, or your subscription is cancelled or terminated, we keep your workspace and data for 90 days so that you can subscribe, or return, without starting again. During those 90 days you may ask us to export your data in a standard format, which we will provide within 14 days, or to delete it sooner. At the end of the 90 days we delete the workspace and all Customer Data in it, and remove any copies from backups in the ordinary course within a further 30 days, except where we are required by law to keep specific records. Deleting a workspace also deletes the login accounts of its users, except where a user belongs to another Actuly workspace, in which case their login is kept for that workspace.

8. Confidentiality

Each party agrees to keep confidential any non-public information received from the other in connection with these Terms, to use it only for the purposes of these Terms, and to disclose it only to those who need it and are bound by equivalent obligations, or where required by law. These obligations survive the end of these Terms for 3 years.

9. Use of the Platform

9.1 Acknowledgements

You agree that:

• The Platform's outputs, including dashboards, forecasts, reports and AI-drafted commentary, are decision-support tools that depend on the completeness and accuracy of the data you provide or connect
• Forecasts and projections are estimates, not guarantees, and AI-drafted commentary must be reviewed before it is relied upon or shared
• You remain responsible for all professional judgement, advice and decisions made using the Platform
• The Platform is not a substitute for your statutory accounting records and must not be relied upon as the sole basis for statutory filings, tax submissions or regulatory compliance

Actuly does not provide accounting, audit, tax or regulated financial advice.

9.2 Acceptable use

You agree not to:

• Reverse engineer, decompile or disassemble any part of the Platform
• Attempt to gain unauthorised access to the Platform, its systems or other customers' data
• Use the Platform for any unlawful purpose or to process data you have no right to process
• Share login credentials between users or allow unauthorised access
• Resell, sublicense or commercially exploit access to the Platform, other than by using it to serve your own business or clients
• Upload malicious code, excessive data volumes, or conduct automated scraping
• Use the AI features in an automated or excessive way, or attempt to get around any usage limit we apply to them (see section 9.4)
• Use the Platform in a way that interferes with other users or with system integrity

9.3 Connected services

Where you connect the Platform to third-party services such as Xero, QuickBooks or FreeAgent: you are responsible for authorising the connection and keeping its credentials valid; you confirm that you have authority to access and share the data drawn from those services; the data is subject to those services' own terms and privacy policies; and Actuly is not liable for their unavailability, the accuracy of their data, or changes to their interfaces. You can disconnect a service at any time from within the Platform.

9.4 AI features and fair use

The Platform's AI features, such as AI-drafted commentary and the AI assistant in the document builder, are provided on a fair-use basis for the ordinary reporting needs of your own business or clients. Each request uses third-party AI models that Actuly pays for, so we record usage of the AI features per workspace and user, and we may set, publish and change usage limits. Where we reasonably consider use to be excessive, automated, or outside the ordinary use of the Platform, we may throttle or suspend the AI features for the workspace while we discuss it with you. Deliberately exceeding or getting around a usage limit is a material breach of these Terms for the purposes of section 13.

10. Intellectual Property and Feedback

All intellectual property rights in the Platform, including its software, design, templates and documentation, remain the property of Actuly and its licensors. You receive a non-exclusive, non-transferable right to use the Platform for your own business purposes for as long as these Terms are in force.

You retain all rights in Customer Data. You grant Actuly a licence to host, process and display Customer Data solely to provide the Platform to you. Actuly may use feedback and suggestions you provide, and anonymised, aggregated usage insights that cannot identify you or any individual, to improve the Platform without obligation or restriction.

11. Availability and Support

We aim to keep the Platform available at all times but do not guarantee uninterrupted access. We will give reasonable notice of planned maintenance where practicable and schedule it outside UK business hours where we can. Support is provided through our Help Centre and by email to support@actuly.co during UK business hours.

12. Liability

Actuly will provide the Platform with reasonable skill and care. To the maximum extent permitted by law:

• Actuly excludes all other warranties, express or implied, including any warranty that the Platform will meet your particular requirements or that its outputs will be error-free
• Actuly is not liable for indirect or consequential loss, loss of profit, revenue, business or goodwill, or loss arising from decisions made in reliance on the Platform's outputs
• Actuly's total aggregate liability under or in connection with these Terms in any 12-month period is limited to the fees you paid to Actuly in the 12 months before the event giving rise to the claim, or £100 if greater. During the Trial, or where no fees have been paid, that limit is £100

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be excluded or limited by law.

13. Suspension and Termination

Either party may end these Terms at any time by written notice (email is sufficient); for a subscription this is a cancellation under section 4.4. Actuly may also suspend or terminate your access with immediate effect if you materially breach these Terms and, where the breach can be remedied, fail to do so within 14 days of being asked. On termination, access to the Platform is withdrawn and your data is handled as set out in section 7.

14. Publicity

You may not use Actuly's name, logo or branding publicly without our prior written consent. Actuly will not identify you as a customer or case study without your prior permission.

15. Changes to these Terms

We may update these Terms from time to time. We will give you at least 30 days' notice by email of any change that materially affects your rights or obligations, and will show the current version, with its date, at www.actuly.co/terms.html. If you continue to use the Platform after a change takes effect, you accept the updated Terms. If you do not agree to a change you may cancel under section 4.4 before it takes effect.

16. Governing Law

These Terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction over any dispute arising from them.

17. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy and any written order or subscription confirmation between us, constitute the entire agreement between the parties regarding the Platform and supersede all prior discussions, representations and agreements.

19. Assignment

You may not assign or transfer your rights under these Terms without Actuly's prior written consent. Actuly may assign these Terms to any successor or affiliate, and will notify you if it does.

20. Notices

Notices under these Terms should be sent to Actuly at support@actuly.co, or to you at the email address of the workspace owner or the billing contact you have given us. Notices are deemed received on the next business day after sending.

21. Force Majeure

Neither party is liable for delay or failure in performance caused by circumstances beyond its reasonable control, provided it takes reasonable steps to limit the effect.

22. Contact

For questions about the Platform or these Terms:

• General enquiries: hello@actuly.co
• Support, billing and cancellations: support@actuly.co
• Privacy and data protection: hello@actuly.co
• Legal notices: support@actuly.co