ActShark Terms and Conditions

Effective: Sep 4, 2026

These Terms and Conditions ("Terms") govern your access to and use of ActShark accounting software and related services, including the website at actshark.com (collectively, the "Service"). Note: ActShark is currently operated by its owner as an individual; contracting entity details will be published here upon incorporation.

By creating an account, accessing, or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you use the Service on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" refers to that entity. If you do not agree to these Terms, do not use the Service.

1. Definitions

• "ActShark", "we", "us" — the operator of the Service, as identified in the notice above.
• "Service" — the ActShark accounting software, including the website, dashboard, AI features, bank connections, document processing, API, and any related services.
• "Account" — your registered account with the Service.
• "Your Data" — the financial records, documents, and other content you upload to or create in the Service.
• "Plan" — a subscription tier (for example, Cloud Personal, Cloud Basic, Cloud Pro, Cloud Business) with its included features and usage allowances.
• "Usage Charges" — metered charges for usage beyond your Plan's included allowances, such as AI credits, storage, bank connections, or additional businesses.

2. Subscriptions, Billing, and Auto-Renewal

Parts of the Service are offered on a subscription basis. By purchasing a subscription, you agree to the following:

• Auto-Renewal: Subscriptions automatically renew at the end of each billing cycle unless you cancel before the renewal date.
• Payment: You authorize us (through our payment processor, Stripe) to charge your chosen payment method for subscription fees, applicable taxes, and any Usage Charges incurred during each billing period.
• Usage Charges: Usage beyond your Plan's included allowances is billed on a metered basis at the rates published in the Service at the time the usage occurs.
• Failed Payments: If a payment fails, we may retry the charge, suspend access to paid features, and/or downgrade your account until payment is resolved.
• Taxes: Prices are exclusive of taxes unless stated otherwise. You are responsible for applicable sales, use, VAT, or similar taxes, which may be added to your charges.

3. Cancellations and Refunds

You may cancel your subscription at any time from your billing settings or by contacting us. Cancellation stops future renewals; your Plan remains active until the end of the current billing period, and we generally do not provide prorated or partial refunds for the remainder of that period.

Payments are processed by Stripe and are subject to Stripe's terms. Refunds, if any, are issued at our sole discretion except where required by law. Usage Charges already incurred are non-refundable.

4. Changes to Prices, Plans, and the Service

We reserve the right to change, modify, or discontinue any part of the Service, including Plans, features, included usage allowances, overage rates, and prices, at any time.

If we change the price of your subscription, we will provide advance notice by email and/or a notice within the Service before the change takes effect. The new price applies from your next billing cycle after the effective date. If you do not agree to the new price, you may cancel before the change takes effect and you will not be charged the new price.

Changes to features or usage allowances may take effect immediately unless they would reduce the functionality of an active paid subscription, in which case we will provide reasonable notice. Your continued use of the Service after a change takes effect constitutes acceptance of the change.

5. License and Acceptable Use

We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes during your subscription term, subject to these Terms. You agree not to:

• use the Service for any unlawful purpose or in violation of any applicable law or regulation;
• resell, sublicense, or provide access to the Service to third parties without our written permission;
• scrape, harvest, or attempt to circumvent usage limits, credits, quotas, or rate limits;
• reverse engineer the Service except as permitted by applicable law;
• interfere with or disrupt the Service, or attempt to gain unauthorized access to any systems or data;
• upload malicious code or content you do not have the rights to use.

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your Account. We may suspend or terminate accounts that violate these rules, with or without notice, where reasonably necessary to protect the Service or other users.

6. Intellectual Property and Your Data

The Service, including its software, design, text, graphics, and trademarks, is owned by ActShark or its licensors and is protected by copyright and other intellectual property laws. Except for the license above, no rights in the Service are transferred to you.

You retain all ownership rights to Your Data. You grant us a limited license to host, process, and transmit Your Data solely as necessary to provide the Service to you. You are solely responsible for the accuracy, legality, and compliance of Your Data.

7. No Professional Accounting Advice; AI Output

ActShark is a software tool. It does not provide accounting, legal, or tax advice, and its outputs (including AI-assisted categorization, extraction, and reports) may contain errors or incomplete information. You are solely responsible for verifying the accuracy of your books and for complying with your accounting, tax, and reporting obligations, and you should consult a qualified professional where appropriate.

8. Disclaimers; Limitation of Liability

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee uninterrupted or error-free access to the Service. Some jurisdictions do not allow limitations on implied warranties, so these limitations may not apply to you.

To the maximum extent permitted by law, ActShark's total aggregate liability arising out of or relating to the Service or these Terms is limited to the amounts you paid to us for the Service in the twelve (12) months preceding the event giving rise to the claim. We will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost data, or business interruption, even if advised of the possibility of such damages.

You agree to indemnify and hold ActShark, its owner, employees, and affiliates harmless from any claims, damages, losses, or liabilities (including reasonable legal fees) arising out of or related to your use of the Service, Your Data, or your violation of these Terms.

9. Availability, Suspension, and Termination

We may perform maintenance, and we may modify, suspend, or discontinue any part of the Service at any time. If we terminate your paid subscription for reasons other than your breach of these Terms, we will refund the unused, prepaid portion of the current billing period.

Upon termination of your Account for any reason, your right to use the Service ceases immediately. Following Account closure, we may delete Your Data in accordance with our data retention practices, and it is your responsibility to export Your Data beforehand.

10. Dispute Resolution; Arbitration

These Terms are governed by the laws of the State of Colorado and the United States, without regard to conflict of law provisions. Before filing a claim, you agree to contact us at [email protected] and attempt good-faith informal resolution for 30 days.

Please read this section carefully — it affects your legal rights. Except for small claims court actions and claims seeking injunctive relief for intellectual property infringement, any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered under the rules of a recognized arbitration provider seated in Denver, Colorado. You and ActShark each waive the right to a trial by jury and to participate in a class action, class-wide arbitration, or other representative proceeding. If this arbitration agreement is found unenforceable, the dispute will be brought exclusively in the state or federal courts located in Denver, Colorado, and you consent to their jurisdiction.

You may opt out of arbitration by emailing [email protected] within 30 days of first accepting these Terms, stating your name and that you opt out of arbitration. Opting out does not affect any other part of these Terms.

11. Changes to These Terms

We may revise these Terms at any time. Material changes will be communicated by email and/or a notice within the Service at least fifteen (15) days before they take effect (except for changes required by law or to address security or abuse, which may take effect immediately). The "Effective" date at the top identifies the current version. By continuing to use the Service after changes take effect, you agree to be bound by the updated Terms. If you do not agree, you must stop using the Service and may cancel your subscription.

12. Contact

Questions about these Terms can be sent to [email protected].