1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you ("you", "your", or "User") and ActualSales Group Ltd. ("ActualSales", "we", "our", or "us") governing your access to and use of the ActualSales.ai platform and the ASAI-SocialLogin application, including all related websites, APIs, and services (collectively, the "Service").
By creating an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using the Service on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.
If you do not agree to these Terms, you must not access or use the Service.
2. Description of Services
ActualSales.ai is an AI-powered marketing automation platform. The Service includes, but is not limited to:
- Brand Analysis: Automated analysis of website URLs to extract brand elements (colors, logos, fonts, messaging).
- Strategy Generation: AI-generated marketing strategies tailored to your brand, product, and target market.
- Landing Page Creation: Multiple landing page variations per strategy with built-in editing tools.
- Banner and Video Studio: AI-powered creation and editing of display banners and marketing videos.
- Content Generation: AI-generated newsletters, SMS templates, email templates, and ad copy.
- AI Voice and Text Agents: Conversational AI agents for customer engagement via voice and text (powered by ElevenLabs).
- Platform Integrations: Connections to third-party advertising platforms (Google Ads, Meta Ads, TikTok Ads, LinkedIn Ads, X Ads), social media accounts via ASAI-SocialLogin (YouTube, Instagram, Facebook, TikTok, X, Snapchat), and industry tools (Journaya, ActiveProspect).
- Performance Lead Generation: Pay-per-result lead and call delivery services.
- Academy: Educational content and training resources.
We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with reasonable notice when practicable.
3. Eligibility and Account Registration
3.1 Eligibility
- You must be at least 18 years old to use the Service.
- You must have the legal capacity to enter into a binding agreement.
- If using the Service on behalf of a business entity, you must have authorization to bind that entity.
3.2 Account Creation
- You must provide accurate, current, and complete information during registration.
- You may register using email/password or through ASAI-SocialLogin providers (Google, TikTok, or GitHub).
- You are responsible for maintaining the confidentiality of your account credentials.
- You must immediately notify us of any unauthorized use of your account.
- One person or legal entity may not maintain more than one account without our prior written consent.
3.3 Account Responsibility
You are solely responsible for all activity that occurs under your account, including actions taken by team members you invite. We are not liable for any loss or damage arising from your failure to maintain the security of your account.
4. Teams and Collaboration
4.1 Team Structure
- Each user has a personal team created at registration. Additional teams can be created for organizational purposes.
- Credits, subscriptions, and billing are managed at the team level.
- Team owners assign roles (Platform Admin, Country Admin, Product Admin, etc.) that determine member permissions.
4.2 Team Owner Responsibilities
- Team owners are responsible for managing team members, their roles, and access levels.
- Team owners are responsible for all activity and charges incurred by team members.
- Team owners must ensure all team members comply with these Terms.
4.3 Invitations
- Team invitations are sent via email with signed, tamper-proof URLs.
- Invitations can only be accepted by the email address specified at the time of invitation.
- You may not transfer, sell, or share invitation links.
5. Pricing and Payments
5.1 Payment Processing
All payments are processed securely through Stripe, Inc. By making a payment, you also agree to Stripe's Terms of Service. All prices are in US Dollars (USD) unless otherwise stated.
5.2 Credit Packages
- Credits are purchased in predefined packages and used to perform AI operations on the platform.
- Credit costs for each operation are displayed in the platform before you confirm the action.
- Credits are applied to your team balance immediately upon successful payment.
- Credits do not expire while your account is active.
- Credits are non-transferable between teams and non-refundable except as required by applicable consumer protection laws.
- If an operation fails due to a system error (not user error), consumed credits will be automatically refunded to your team balance.
5.3 Subscriptions
- Subscription plans provide monthly quotas for brands, strategies, bonus credits, AI agents, and messaging sends.
- Subscriptions renew automatically at the end of each billing period (monthly or annually) at the then-current rate.
- You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period; no partial refunds are provided for the remaining period.
- Monthly quotas reset at the beginning of each billing cycle and do not roll over to the next period.
- Overage charges may apply if you exceed your plan's included quotas. Overage rates are displayed in your plan details.
- Annual plans offer a discount equivalent to approximately 2 months free. Annual payments are non-refundable after a 14-day grace period from the date of purchase.
5.4 Performance-Based Pricing
- Performance pricing applies to lead generation and call delivery services.
- Pricing is calculated using: Base Price × Country Multiplier × Vertical Multiplier × (1 - Team Discount %).
- We offer six lead/call types, each with different base pricing and quality tiers.
- Leads and calls are subject to quality verification. You may dispute the quality of a lead within 14 days of delivery.
- Refunds or credits for disputed leads are issued at our discretion based on our quality review process.
5.5 Pricing Changes
We reserve the right to change our pricing at any time. For existing subscribers, pricing changes take effect at the next renewal date. We will provide at least 30 days' advance notice of any pricing increase via email.
5.6 Failed Payments
If a payment fails, we will attempt to process it again and notify you by email. If payment remains unsuccessful after 7 days, we may suspend your access to paid features until the outstanding balance is resolved. Your data will be retained for at least 30 days after suspension.
6. Intellectual Property
6.1 Your Content
You retain all ownership rights to the content you upload or provide to the platform ("Your Content"), including brand assets, logos, images, text, and other materials. By using the Service, you grant us a limited, non-exclusive, worldwide, royalty-free license to use, process, and display Your Content solely for the purpose of providing the Service to you. This license terminates when you delete Your Content or close your account.
6.2 AI-Generated Content
Content generated by our AI tools based on your inputs (marketing strategies, landing pages, banners, ad copy, email templates, SMS templates, newsletters, and other generated materials) is provided to you for your use. You are granted a perpetual, non-exclusive, worldwide license to use, modify, and distribute AI-generated content for your legitimate business purposes. We do not claim ownership of AI-generated content created for your account.
You acknowledge that AI-generated content may not be unique and that similar content may be generated for other users with similar inputs. AI-generated content is provided "as-is" and you are responsible for reviewing it before use.
6.3 Our Platform
The ActualSales.ai platform, including all software, design, user interface, documentation, logos, trademarks, and proprietary technology, is the exclusive intellectual property of ActualSales Group Ltd. and is protected by copyright, trademark, and other intellectual property laws. You may not:
- Copy, modify, or create derivative works based on the platform.
- Reverse-engineer, decompile, or disassemble any part of the platform.
- Remove or alter any proprietary notices or labels.
- Sublicense, sell, or redistribute access to the platform.
6.4 Feedback
If you provide us with feedback, suggestions, or ideas regarding the Service, you grant us an unrestricted, irrevocable, perpetual, royalty-free license to use such feedback for any purpose without obligation to you.
7. Acceptable Use Policy
You agree to use the Service only for lawful purposes and in accordance with these Terms. You specifically agree not to:
7.1 Prohibited Content
- Generate or distribute content that is illegal, defamatory, obscene, threatening, harassing, or discriminatory.
- Create content that infringes on third-party intellectual property rights, privacy rights, or other legal rights.
- Generate deceptive or misleading advertising content that violates applicable advertising laws or platform-specific advertising policies.
- Use AI agents to impersonate real individuals without their consent.
- Submit websites or brand information that you do not have the legal right to use for marketing purposes.
7.2 Prohibited Activities
- Attempt to gain unauthorized access to any part of the Service, other accounts, or connected systems.
- Interfere with or disrupt the Service's infrastructure, including servers, networks, and databases.
- Use automated tools (bots, scrapers, crawlers) to access the Service beyond what is provided through our authorized APIs.
- Bypass or circumvent rate limits, usage quotas, or other technical restrictions.
- Use the Service to send spam, unsolicited messages, or phishing communications.
- Resell, sublicense, or provide access to the Service to third parties without our prior written consent.
- Use the Service to develop a competing product or service.
7.3 Compliance with Platform Policies
When using our integrations with third-party platforms, you agree to comply with those platforms' terms of service, advertising policies, and community guidelines. Violations of third-party platform policies through our Service may result in disconnection of integrations and/or suspension of your account.
8. Third-Party Integrations
8.1 ASAI-SocialLogin and Connected Accounts
When you connect third-party accounts via ASAI-SocialLogin (Google, Meta/Facebook, TikTok, LinkedIn, X/Twitter, Snapchat, etc.):
- You authorize us to access and interact with those platforms on your behalf within the scope of permissions you grant during the OAuth consent process.
- We only request the minimum permissions necessary for the integration features you use.
- Access tokens are encrypted and stored securely. We refresh tokens automatically when possible to maintain your connection.
- You may disconnect any ASAI-SocialLogin integration at any time through the Integrations tab, which immediately deletes stored credentials.
8.2 API Key Integrations
For platforms using API key authentication (Journaya, ActiveProspect, X Ads, WhatsApp Business):
- API keys you provide are encrypted at rest and only used to interact with the respective platform on your behalf.
- You are responsible for the security of API keys before they are entered into our platform.
- You are responsible for ensuring your API keys have appropriate permission scopes.
8.3 Third-Party Liability
We are not responsible for the availability, accuracy, or functionality of third-party platforms. Changes to third-party APIs, terms of service, or policies may affect integrations without notice. We will make reasonable efforts to update integrations when third-party changes occur.
9. AI Voice Agents and Communication Services
9.1 Agent Configuration
You are solely responsible for the accuracy and appropriateness of information and instructions you provide to configure AI agents, including system prompts, qualifying questions, objection handling scripts, and pricing information.
9.2 Call Recording and Consent
AI voice agents may record conversations and generate transcripts. You are solely responsible for:
- Complying with all applicable laws regarding call recording in your jurisdiction and the jurisdictions of your callers.
- Obtaining any required consent for recording calls. Many jurisdictions require all-party consent for call recording.
- Clearly disclosing to callers that they are interacting with an AI agent if required by applicable law.
- Configuring appropriate disclosures in your agent's introduction script.
9.3 CRM Integration
When AI agents extract lead data from transcripts and forward it to your CRM, you are responsible for ensuring that data handling complies with applicable data protection laws, including obtaining appropriate consent for data processing and storage.
10. Warranties and Disclaimers
10.1 Service Provided "As Is"
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
10.2 No Guarantee of Results
We do not guarantee that:
- AI-generated marketing content will achieve specific business results.
- Performance-based lead generation will deliver a specific number or quality of leads.
- Third-party platform integrations will remain available or function without interruption.
- The Service will be error-free, uninterrupted, or completely secure.
10.3 AI Content Disclaimer
AI-generated content may contain errors, inaccuracies, or biases. You are responsible for reviewing all AI-generated content before publishing, distributing, or using it in any marketing campaign. We recommend human review of all generated content, especially for regulated industries.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).
- IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- WE ARE NOT LIABLE FOR DAMAGES ARISING FROM: (A) YOUR USE OF OR INABILITY TO USE THE SERVICE; (B) ACTIONS OF THIRD-PARTY PLATFORMS; (C) UNAUTHORIZED ACCESS TO YOUR ACCOUNT DUE TO YOUR FAILURE TO MAINTAIN CREDENTIAL SECURITY; (D) AI-GENERATED CONTENT THAT YOU PUBLISHED WITHOUT ADEQUATE REVIEW.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the fullest extent permitted by law.
12. Indemnification
You agree to indemnify, defend, and hold harmless ActualSales Group Ltd., its officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to:
- Your use of the Service or any content you create, upload, or distribute through the Service.
- Your violation of these Terms or any applicable law or regulation.
- Your violation of any third-party rights, including intellectual property and privacy rights.
- Your AI agent interactions with third parties, including failure to obtain required recording consent.
- Your use of third-party platform integrations in violation of those platforms' terms.
13. Service Availability and Modifications
13.1 Uptime
We strive to maintain high availability of the Service. However, the Service may be temporarily unavailable due to scheduled maintenance (for which we will provide reasonable advance notice), emergency maintenance, or factors beyond our control.
13.2 Modifications
We may modify the Service at any time, including adding, removing, or changing features. For material changes that negatively affect your use of the Service, we will provide at least 14 days' advance notice. Your continued use of the Service after modifications constitutes acceptance of those changes.
14. Suspension and Termination
14.1 Termination by You
You may close your account at any time by contacting us at [email protected]. Upon account closure:
- Active subscriptions will not be renewed, but no refund is provided for the current period.
- Remaining unused credits are forfeited and non-refundable.
- Your data will be deleted in accordance with our Privacy Policy data retention schedule.
14.2 Suspension or Termination by Us
We may suspend or terminate your access to the Service, with or without notice, if:
- You violate these Terms or our Acceptable Use Policy.
- Your account is used for fraudulent or illegal activities.
- You fail to pay outstanding charges after reasonable notice and opportunity to cure.
- Your use of the Service poses a risk to the platform, other users, or third parties.
- We are required to do so by law or a valid legal order.
Where possible, we will provide notice and an opportunity to remedy the violation before termination. In cases of severe violations (fraud, illegal activity, security threats), we may terminate immediately.
14.3 Effect of Termination
Upon termination, your right to access the Service immediately ceases. Sections of these Terms that by their nature should survive termination will survive, including Sections 6 (Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), and 15 (Governing Law).
15. Governing Law and Dispute Resolution
15.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the jurisdiction in which ActualSales Group Ltd. is incorporated, without regard to conflict of law principles.
15.2 Dispute Resolution
In the event of a dispute arising from these Terms or the Service:
- Informal Resolution: You agree to first attempt to resolve any dispute informally by contacting us at [email protected]. We will attempt to resolve the dispute within 30 days.
- Mediation: If informal resolution fails, either party may initiate mediation before an agreed-upon mediator.
- Litigation: If mediation fails, disputes shall be submitted to the exclusive jurisdiction of the competent courts in the jurisdiction of ActualSales Group Ltd.'s registered office.
15.3 Class Action Waiver
To the extent permitted by applicable law, you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
16. General Provisions
16.1 Entire Agreement
These Terms, together with our Privacy Policy and any service-specific agreements, constitute the entire agreement between you and ActualSales regarding the Service.
16.2 Severability
If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.
16.3 Waiver
Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.
16.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.
16.5 Force Majeure
We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from events beyond our reasonable control, including natural disasters, war, terrorism, pandemics, government actions, power failures, internet outages, or third-party service disruptions.
17. Changes to These Terms
We may update these Terms from time to time. When we make material changes:
- We will update the "Last updated" date at the top of this page.
- We will notify registered users by email at least 14 days before material changes take effect.
- We will display a prominent notice on our platform.
Your continued use of the Service after the effective date of updated Terms constitutes acceptance. If you do not agree with the updated Terms, you must stop using the Service and close your account.
18. Contact Us
If you have questions about these Terms of Service, please contact us: