Terms of Service

1. About these terms

These Terms of Service (Terms) are a legally binding agreement between you (you, your or the Customer) and Ask Solz Pty Ltd, trading as Actuant (Actuant, we, us or our), a company incorporated in Australia. They govern your access to and use of the Actuant website, applications, APIs and related services (together, the Service).

By creating an account, clicking “I agree” (or similar), or accessing or using any part of the Service, you acknowledge that you have read, understood and agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference. If you do not agree, you must not access or use the Service.

If you use the Service on behalf of an organisation, you represent and warrant that you have authority to bind that organisation to these Terms, and references to “you” include that organisation.

2. Definitions

• Account means the account you register to access the Service.
• Customer Data means any data, content, files, app URLs, repository contents, product details, waitlist sign-ups, analytics data or other material that you or your authorised users submit to, store in, or process through the Service.
• Connected Service means any third-party product, application or service that you choose to connect to or use with the Service (for example, GitHub, Stripe, or an analytics provider).
• Directory means a third-party launch directory, listing site or community to which the Service submits your app on your behalf.
• AI Output means any content, audit finding, suggestion, proposed code change or result generated by an artificial-intelligence model through the Service.
• Fees means the charges payable for your plan or usage as described at checkout or on our pricing page.
• Consumer Guarantees means the consumer guarantees that apply under the Australian Consumer Law (ACL), being Schedule 2 to the Competition and Consumer Act 2010 (Cth).

3. Eligibility and your account

You must be at least 18 years old and capable of forming a binding contract to use the Service. You agree to provide accurate, current and complete information when registering and to keep it up to date.

You are responsible for safeguarding your Account credentials and for all activity that occurs under your Account, whether or not authorised by you. You must notify us promptly at the contact details below if you suspect any unauthorised access or use. We are not liable for any loss arising from unauthorised use of your Account to the extent caused by your failure to keep your credentials secure.

4. The Service

Actuant is a launch and growth copilot for people who build software with AI. You provide the URL of an app you have built, and the Service audits it for launch readiness, can propose fixes as GitHub pull requests on repositories you connect, submits your app to Directories on your behalf, helps you set up waitlists, analytics and payments, and shows traffic, sign-up and revenue signal across your apps. We grant you a limited, non-exclusive, non-transferable, revocable licence to access and use the Service in accordance with these Terms.

You must only submit URLs, repositories and apps that you own or are authorised to have scanned, modified and submitted. We may add, modify, suspend or remove features, functionality, plans, limits, Directory targets or Connected Service integrations at any time. We will use reasonable efforts to notify you of material adverse changes, but we are not obliged to maintain any particular feature, Directory or integration.

5. Plans, fees and billing

Some parts of the Service are offered on paid plans or on a usage basis. By selecting a paid plan, you agree to pay all applicable Fees. Unless stated otherwise, Fees are quoted in US dollars (USD) and are exclusive of any GST, sales tax, or other taxes, which you are responsible for paying where applicable.

Payments are processed by our third-party payment provider (Stripe). You authorise us and our payment provider to charge your nominated payment method for all Fees as they fall due, including on a recurring basis for subscriptions until cancelled. Scan, submission and other usage allowances apply as described for your plan; usage beyond an included allowance may incur additional Fees.

Subscriptions renew automatically for successive periods unless you cancel before the end of the current period. You may cancel at any time; cancellation takes effect at the end of the current billing period and you will retain access until then. Except where required by law (including the Consumer Guarantees), Fees are non-refundable, and partial periods and unused allowances are not refundable or transferable.

We may change our Fees or plan inclusions on a prospective basis by giving reasonable notice (for example, by email or in-product notice). Changes will not affect the period you have already paid for. If you do not agree to a change, your remedy is to cancel before it takes effect.

If you use Stripe Connect through the Service to accept payments in your own apps, your relationship with Stripe (including onboarding, payouts, chargebacks and fees) is governed by your agreement with Stripe. We are not a party to transactions between you and your customers and are not responsible for them.

6. Free tier, trials and beta features

We may make free tiers, trials or early-access, “beta” or “preview” features available. These are provided for evaluation only, may be incomplete, may change or be withdrawn at any time, and may be subject to additional terms. To the maximum extent permitted by law, free, trial and beta features are provided “as is” without any warranty, and we have no liability in connection with them beyond what the law requires.

7. Acceptable use

You must not, and must not permit any person to:

• use the Service in breach of any law, regulation, or third-party right, or for any unlawful, fraudulent, harmful or deceptive purpose;
• submit for scanning, connect, or cause the Service to interact with any website, repository or system that you do not own or are not authorised to have scanned or modified;
• infringe, misappropriate or violate any intellectual property, privacy, publicity or other rights;
• upload, generate, send or process content that is unlawful, defamatory, harassing, abusive, hateful, obscene, or that depicts or facilitates child sexual abuse, violence or self-harm;
• use Directory submissions or waitlists to send spam or unsolicited commercial electronic messages, or otherwise use the Service in breach of the Spam Act 2003 (Cth) or comparable laws;
• transmit malware, or attempt to gain unauthorised access to, probe, scan, disrupt or test the vulnerability of any system, network or data (including ours, a Connected Service’s, a Directory’s, or a third party’s) without authorisation;
• reverse engineer, decompile, or attempt to derive source code from the Service, except to the extent this restriction is prohibited by law;
• resell, sublicense or provide the Service to third parties except as expressly permitted, or use it to build a competing product;
• circumvent or exceed usage limits, rate limits, or access controls, or use automated means to place unreasonable load on the Service or on any Directory;
• use AI features to generate content that is misleading, that impersonates a person without authorisation, or that you are not permitted to generate, including misleading Directory listings.

We may investigate suspected breaches and may suspend, throttle or terminate access, remove content, withdraw Directory submissions, or report conduct to authorities, where we reasonably consider it necessary to protect the Service, our users, or any third party, or to comply with law.

8. Your content and data

As between you and us, you own and retain all right, title and interest in your Customer Data. You grant us a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, display and process Customer Data, and to share it with the Connected Services, Directories and sub-processors you direct or that are necessary, solely to provide, maintain, secure and improve the Service and as otherwise permitted by our Privacy Policy.

You are solely responsible for your Customer Data, including its legality, accuracy and quality, and for having all necessary rights, consents and authorisations to collect, use, store and process it through the Service (including any personal information of third parties, such as your waitlist sign-ups and your apps’ users, and any data you cause the Service to send to a Connected Service or Directory). You are responsible for maintaining your own backups; we are not a data backup or archival service.

9. Connected Services, GitHub access and Directories

The Service lets you connect Connected Services, including by authorising access via OAuth. When you connect GitHub, we request the least-privilege scopes needed, store access tokens in encrypted form, and use the access only to read the relevant repositories and to open pull requests with proposed fixes. The Service does not push changes to your repositories other than through pull requests; merging any pull request is your decision and your responsibility.

Your use of any Connected Service is governed by your agreement with that third party, not by us. We do not control, and are not responsible for, Connected Services or Directories, including their availability, security, accuracy, review or acceptance decisions, changes, fees, or how they handle your data. Directories decide independently whether and when to list your app; we do not guarantee acceptance, placement, timing, traffic or any particular outcome from a submission. You are responsible for complying with each Connected Service’s and Directory’s terms and for any charges they impose.

10. AI features and outputs

The Service uses artificial-intelligence models (ours and/or third parties’) to generate AI Output, including audit findings and proposed code changes. AI is probabilistic and may produce results that are inaccurate, incomplete, outdated, biased or otherwise inappropriate. You must independently review and verify AI Output — including reviewing every pull request before merging it — before relying on or acting on it, and you are solely responsible for any decision you make or action you take based on AI Output, including changes you merge into your code.

AI Output is not professional advice (including legal, financial, medical or other regulated advice). To the maximum extent permitted by law, we make no representation or warranty about the accuracy, fitness, ownership or non-infringement of AI Output, and we are not liable for the effects of code changes, submissions or configurations that you review, accept or enable. You must not use AI features for any prohibited use under section 7 or in any high-risk context where errors could lead to death, personal injury, or significant property or environmental harm without appropriate human oversight and safeguards.

11. Intellectual property

We and our licensors own all right, title and interest in and to the Service, including all software, designs, text, graphics, and trademarks, and all related intellectual property rights. Except for the limited licence in section 4, no rights are granted to you. “Actuant” and our logos are our trademarks and may not be used without our prior written consent.

If you provide feedback, suggestions or ideas about the Service (Feedback), you grant us a perpetual, irrevocable, worldwide, royalty-free licence to use and exploit that Feedback for any purpose without restriction or compensation to you.

12. Privacy

Our collection, use and disclosure of personal information is described in our Privacy Policy, which forms part of these Terms. By using the Service you consent to those practices.

13. Availability, changes and suspension

We aim to keep the Service available but do not warrant that it will be uninterrupted, timely, secure or error-free, and we do not guarantee any particular uptime unless we have agreed one in writing. We may perform maintenance, and we may suspend or restrict access (in whole or part) where reasonably necessary for security, legal, technical or operational reasons, or for non-payment.

14. Term and termination

These Terms apply while you use the Service. You may stop using the Service and close your Account at any time. We may suspend or terminate your access immediately if you materially breach these Terms (including the acceptable use policy), if required by law, or if continuing to provide the Service is no longer commercially viable, in which case we will give reasonable notice where practicable.

On termination, your right to use the Service ceases and we will revoke the OAuth access you granted us. We may delete your Customer Data after a reasonable period in accordance with our Privacy Policy and our retention practices; you are responsible for exporting any data you wish to keep before termination. Termination does not affect Directory listings already published or pull requests already opened. Sections that by their nature should survive (including sections 8, 10, 11, 15–19, 23) survive termination.

15. Disclaimers

Except for the Consumer Guarantees and any other rights you have under the ACL or other laws that cannot lawfully be excluded, and to the maximum extent permitted by law:

• the Service, AI Output and all related materials are provided “as is” and “as available”, with all faults, and without warranties or guarantees of any kind, whether express, implied or statutory, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy or availability; and
• we do not warrant that the Service will meet your requirements, that scans, audits or AI Output will be accurate, complete or reliable, that Directory submissions will be accepted, or that your app will gain traffic, sign-ups or revenue.

16. Australian Consumer Law

Nothing in these Terms excludes, restricts or modifies any Consumer Guarantee, right or remedy that you may have under the ACL or any other law where to do so would be unlawful (including under section 64 of the ACL). Our goods and services may come with such guarantees that cannot be excluded.

Where the Service is not of a kind ordinarily acquired for personal, domestic or household use or consumption, and to the extent permitted by section 64A of the ACL, our liability for failure to comply with a Consumer Guarantee (other than a guarantee under sections 51 to 53 of the ACL) is limited, at our option, to:

• supplying the services again; or
• paying the cost of having the services supplied again,

provided it is fair and reasonable for us to rely on this limitation.

17. Limitation of liability

Subject to section 16 (Australian Consumer Law) and to the maximum extent permitted by law:

• in no event will we be liable for any indirect, incidental, special, consequential, punitive or exemplary loss or damage, or for any loss of profits, revenue, goodwill, business, opportunity, anticipated savings, or for any loss or corruption of data, in each case however arising and whether in contract, tort (including negligence), under statute or otherwise, even if advised of the possibility of such loss;
• without limiting the above, we are not liable for loss or damage arising from: your Customer Data; AI Output, including code changes you merge or configurations you enable; Connected Services, Directories or other third parties; your failure to secure your Account; or your use of the Service in breach of these Terms; and
• our total aggregate liability to you arising out of or in connection with the Service and these Terms (whether in contract, tort, under statute or otherwise) is limited, in aggregate, to the greater of (a) the total Fees actually paid by you to us for the Service in the three (3) months immediately preceding the event giving rise to the liability; and (b) one hundred Australian dollars (AUD $100).

Each party must take reasonable steps to mitigate its loss. Our liability is reduced to the extent your acts or omissions (or those of your users) caused or contributed to the relevant loss.

18. Indemnity

To the maximum extent permitted by law, you indemnify and will keep us, our related bodies corporate, and our and their officers, employees and contractors indemnified against all losses, liabilities, costs and expenses (including reasonable legal costs) arising out of or in connection with: (a) your Customer Data; (b) your use of the Service, any Connected Service or any Directory; (c) your breach of these Terms or any law; and (d) any claim by a third party arising from any of the foregoing, except to the extent caused by our own breach of these Terms or our negligence.

19. Confidentiality

Each party may receive non-public information of the other that is marked or ought reasonably to be understood as confidential. The receiving party must use such information only to perform under these Terms and must protect it using at least reasonable care, except where disclosure is required by law. This does not apply to information that is or becomes public through no fault of the receiving party, or that is independently developed or lawfully obtained.

20. Force majeure

We are not liable for any failure or delay in performance caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, epidemics or pandemics, strikes, failures of the internet or telecommunications, power failures, governmental action, or failures or changes of Connected Services, Directories or upstream suppliers.

21. Notices

We may give you notices by email to the address associated with your Account, by posting in the Service, or by posting on our website. You may give us notice using the contact details in section 24. Notices are taken to be received when sent (if by email and no failure notice is received) or when posted.

22. General

Variation.We may amend these Terms from time to time. We will post the updated Terms and update the “Last updated” date, and where changes are material we will take reasonable steps to notify you. Your continued use of the Service after changes take effect constitutes acceptance.

Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign or novate these Terms, including to a related body corporate or in connection with a merger, acquisition or sale of assets.

Entire agreement; severability; waiver. These Terms (with the Privacy Policy and any plan-specific terms) are the entire agreement between you and us regarding the Service and supersede prior agreements. If any provision is held unenforceable, it is severed and the remainder continues in force. A failure to enforce a provision is not a waiver of it.

Relationship. The parties are independent contractors; nothing in these Terms creates a partnership, agency, joint venture or employment relationship.

23. Governing law and jurisdiction

These Terms are governed by the laws of the State of Victoria, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Victoria and the courts competent to hear appeals from them. Before commencing proceedings (other than for urgent injunctive relief), the parties will use reasonable efforts to resolve any dispute in good faith, starting with written notice of the dispute to the other party.

24. Contact

Ask Solz Pty Ltd, trading as Actuant.
Questions about these Terms: legal@actuant.dev.