Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Digispire LLC, doing business as ActFlux ("ActFlux", "we", "our", or "us"), governing your access to and use of the ActFlux website at actflux.com and all related services, applications, and platforms (collectively, the "Service").

By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Service.

2. Description of Service

ActFlux is a Software-as-a-Service (SaaS) platform that provides:

• AI-Powered Transcription: Upload audio/video recordings or paste transcripts for automated speech-to-text conversion with speaker identification
• Intelligent Extraction: Automatic extraction of action items, decisions, and questions from meeting content using advanced AI models
• Task Management: Visual Kanban board for organizing and tracking action items
• Integrations: Connect with Google Calendar, Zoom, and other productivity tools
• Team Collaboration: Multi-user organizations with role-based access control
• Data Export: Export capabilities for meetings and action items

3. Account Registration and Security

3.1 Account Creation

To use our Service, you must:

• Create an account using Google OAuth authentication
• Provide accurate, complete, and current information
• Be at least 13 years of age (or the age of majority in your jurisdiction)
• Have the legal authority to enter into these Terms
• Maintain only one account per individual

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access or security breach
• Ensuring your account information remains accurate and up-to-date

3.3 Account Restrictions

You may not:

• Share your account credentials with any third party
• Allow any third party to access your account
• Create an account using false information or impersonating another person
• Create multiple accounts to circumvent service limitations

4. Acceptable Use Policy

4.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms.

4.2 Prohibited Activities

You agree NOT to:

• Illegal Activities: Use the Service for any unlawful purpose or in violation of any local, state, national, or international law
• Harmful Content: Upload, post, or transmit content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or invasive of another's privacy
• Intellectual Property: Infringe upon or violate any patent, trademark, trade secret, copyright, or other proprietary rights
• System Abuse: Attempt to gain unauthorized access to our systems, accounts, or networks
• Service Disruption: Interfere with, disrupt, or create an undue burden on the Service or connected networks
• Automated Access: Use any robot, spider, scraper, or automated means to access the Service without authorization
• Reverse Engineering: Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Service
• Spam and Abuse: Use the Service to send spam, unsolicited messages, or engage in phishing activities
• Malicious Code: Upload or transmit viruses, malware, or any code that could harm the Service or users

5. Subscription Plans and Payments

5.1 Subscription Plans

We offer multiple subscription tiers:

• Free Plan: Limited features with usage restrictions
• Pro Plan: Enhanced features with higher usage limits
• Team Plan: Advanced collaboration features for teams
• Enterprise Plan: Custom solutions for large organizations (contact sales)

Current plan details, features, and pricing are available on our pricing page.

5.2 Billing and Payment

• Billing Frequency: Paid plans are billed monthly, annually, or as lifetime purchases
• Payment Method: All payments are processed securely through Stripe
• Automatic Renewal: Subscriptions automatically renew unless cancelled before the renewal date
• Price Changes: We may modify pricing with 30 days advance notice
• Taxes: Prices exclude applicable taxes, which will be added at checkout
• Failed Payments: Service may be suspended if payments fail; you remain responsible for all fees

5.3 Free Trials

We may offer 14-day free trials for paid plans. Trials require a payment method and automatically convert to paid subscriptions unless cancelled before the trial ends.

5.4 Refunds and Cancellations

• 30-Day Money-Back Guarantee: New paid subscriptions may receive a full refund if cancelled within 30 days
• Prorated Refunds: After 30 days, cancellations are not refunded but access continues until the end of the billing period
• Cancellation Process: Cancel anytime from your account settings
• Downgrade Policy: Downgrades take effect at the next billing cycle

5.5 Credit System

Some plans include monthly credits for processing meetings. Credits reset monthly and do not roll over. Additional credits may be purchased separately.

6. Content and Intellectual Property Rights

6.1 Your Content

You retain all ownership rights to content you upload to the Service ("Your Content"), including:

• Meeting audio and video recordings
• Transcripts and text content
• Notes, comments, and metadata

6.2 License Grant to Us

By uploading Your Content, you grant us a limited, worldwide, non-exclusive, royalty-free license to:

• Store, process, and display Your Content to provide the Service
• Use AI models to transcribe audio and extract insights
• Display Your Content to you and authorized team members
• Create backups for security and disaster recovery

This license terminates when you delete Your Content or close your account (subject to backup retention periods).

6.3 Our Intellectual Property

The Service, including its design, features, functionality, source code, algorithms, and all related intellectual property, is owned by Digispire LLC and protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

6.4 Restrictions

You may not:

• Copy, modify, or create derivative works of the Service
• Use our trademarks, logos, or branding without permission
• Remove or alter any proprietary notices or labels

7. AI Processing and Accuracy

7.1 AI Technology

Our Service uses artificial intelligence models including:

• Deepgram Nova-2: For speech-to-text transcription with speaker diarization
• Google Gemini: For extracting action items, decisions, and questions
• OpenAI Whisper: As a fallback transcription option

7.2 Accuracy Disclaimer

While we strive for high accuracy, AI models are not perfect. You acknowledge that:

• Transcriptions may contain errors or inaccuracies
• AI-extracted content should be reviewed and verified
• Accuracy depends on audio quality, accents, technical terminology, and other factors
• We do not guarantee 100% accuracy for any AI-generated content

7.3 Your Responsibility

You are solely responsible for:

• Reviewing and verifying AI-generated content before relying on it
• Any decisions made based on AI-extracted information
• Ensuring compliance with applicable laws when recording meetings

8. Data Privacy and Security

Data privacy and security are critical to our Service. Please review our Privacy Policy for detailed information about how we collect, use, and protect your data.

8.1 Key Privacy Points

• All data is encrypted in transit (TLS/SSL) and at rest
• We never sell your data to third parties
• You can export or delete your data at any time
• We use SOC 2 compliant hosting providers

8.2 Recording Consent

You are responsible for obtaining all necessary consents and permissions before recording meetings or conversations. Laws regarding recording vary by jurisdiction.

9. Third-Party Integrations

Our Service integrates with third-party platforms including Google Calendar, Zoom, and Slack. Your use of these integrations is subject to:

• The third party's terms of service and privacy policy
• Your authorization for us to access your account on the third-party service
• The functionality and availability of the third-party service

We are not responsible for:

• The practices, policies, or content of third-party services
• Changes or discontinuation of third-party integrations
• Any damages resulting from third-party service failures

10. Service Availability and Modifications

10.1 Uptime

We strive to provide 99.9% uptime, but we do not guarantee uninterrupted or error-free service. The Service may be unavailable due to:

• Scheduled maintenance (with advance notice when possible)
• Emergency maintenance or security updates
• Third-party service failures
• Force majeure events beyond our control

10.2 Service Modifications

We reserve the right to:

• Modify, suspend, or discontinue any aspect of the Service with notice
• Add or remove features
• Change technical requirements or specifications

11. Warranties and Disclaimers

11.1 Service "AS IS"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE
• NON-INFRINGEMENT OF THIRD-PARTY RIGHTS
• ACCURACY, RELIABILITY, OR AVAILABILITY
• ERROR-FREE OR UNINTERRUPTED OPERATION

11.2 No Medical or Legal Advice

The Service is not intended to provide medical, legal, financial, or other professional advice. AI-generated content should not be relied upon as such.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DIGISPIRE LLC SHALL NOT BE LIABLE FOR:

• Indirect Damages: Indirect, incidental, special, consequential, or punitive damages
• Loss of Data: Loss of profits, revenue, data, or business opportunities
• AI Inaccuracies: Damages resulting from transcription or extraction errors
• Third Parties: Actions, content, or services of third parties
• Unauthorized Access: Unauthorized access to or alteration of your content
• Service Interruption: Any interruption or cessation of the Service

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for incidental or consequential damages. In such jurisdictions, our liability will be limited to the maximum extent permitted by law.

13. Indemnification

You agree to indemnify, defend, and hold harmless Digispire LLC, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney's fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any third-party rights
• Your Content or any content submitted through your account
• Your violation of applicable laws or regulations

14. Termination

14.1 Termination by You

You may terminate your account at any time by:

• Using the account deletion feature in settings
• Contacting us at support@actflux.com

14.2 Termination by Us

We may suspend or terminate your account immediately if you:

• Violate these Terms or our Acceptable Use Policy
• Engage in fraudulent or illegal activities
• Fail to pay fees when due
• Use the Service in a manner that harms us or other users

14.3 Effect of Termination

Upon termination:

• Your access to the Service will be immediately revoked
• You will have 30 days to export your data
• All unpaid fees become immediately due and payable
• We may delete your data after the 30-day grace period
• Provisions that should survive termination will continue to apply

15. Dispute Resolution and Governing Law

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions.

15.2 Dispute Resolution Process

For any dispute arising from these Terms:

1. Informal Resolution: Contact us at contact@digispire.net to attempt informal resolution
2. Mediation: If informal resolution fails, both parties agree to attempt mediation before arbitration
3. Binding Arbitration: Disputes not resolved through mediation will be settled by binding arbitration under the rules of the American Arbitration Association

15.3 Exceptions

Either party may seek injunctive or other equitable relief in court for intellectual property infringement or violation of confidentiality obligations.

15.4 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and us individually. You waive the right to participate in class actions or class-wide arbitration.

16. Changes to Terms

We may modify these Terms at any time. When we make material changes:

• We will update the "Last updated" date
• We will notify you via email or through the Service
• Changes take effect 30 days after notification
• Continued use after changes constitutes acceptance

If you disagree with modified Terms, you must stop using the Service and close your account.

17. Miscellaneous

17.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Digispire LLC regarding the Service.

17.2 Assignment

You may not assign or transfer these Terms without our written consent. We may assign our rights and obligations without restriction.

17.3 Severability

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

17.4 Waiver

Our failure to enforce any right or provision shall not constitute a waiver of such right or provision.

17.5 Force Majeure

We shall not be liable for any failure to perform due to causes beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet/telecommunications failures.

17.6 Export Compliance

You agree to comply with all applicable export and import laws and regulations.

18. Contact Information

For questions, concerns, or notices regarding these Terms of Service, please contact us: