1. Introduction and Agreement
Welcome to Actinis. These Terms of Service ("Terms") govern your use of the Actinis services, websites, and applications (collectively, the "Service") provided by Actinis OÜ, a company registered in Tartu, Estonia, with a registered address at Kaunase pst, 1 ("Actinis", "we", "us", or "our").
By creating an account, purchasing credits, or using the Service in any way, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.
2. The Service
Actinis provides you with access to a virtual Android device ("Virtual Device") that is hosted in the cloud and streamed to your personal device. The Service is designed to provide a secondary, private, and secure mobile environment.
3. User Accounts and Balance
3.1. Account Balance: To use the Service, you must maintain a positive balance in your Actinis account. You can add funds to your balance through methods we make available, such as Google Play In-App Purchases, Apple App Store In-App Purchases, or other payment processors ("Top-Up"). All prices and balances are denominated in USD. If you make a Top-Up in a different currency, it will be automatically converted to USD at the prevailing exchange rate.
3.2. Non-Refundable Payments: All Top-Ups to your account balance are final and non-refundable. Funds added to your balance cannot be withdrawn or refunded as "real money."
3.3. Promotional Codes: We may, at our discretion, offer promotional codes that add funds to your account balance. These funds are non-refundable and have no cash value. Abuse of the promotional code system, as determined by us in our sole discretion, will result in the immediate termination of your account.
4. Subscriptions, Billing, and Refunds
4.1. Device Subscription: When you create a Virtual Device, you select a subscription period (e.g., weekly, monthly). The corresponding fee for that period will be deducted from your account balance immediately upon the creation of the Virtual Device.
4.2. Automatic Renewal: At the end of your subscription period, we will attempt to automatically renew your subscription for the same duration by deducting the corresponding fee from your account balance.
4.3. Payment Failure: If your account balance is insufficient to cover the renewal fee, your Virtual Device will be stopped and become inaccessible. We will hold the stopped Virtual Device for a short period of a few days. If you do not add sufficient funds to your balance to pay the outstanding invoice within this period, we reserve the right to permanently and irreversibly delete your Virtual Device and all data contained within it. We are not required to specify the exact duration of this holding period.
4.4. Refund Policy: As stated in section 3.2, real-money payments are non-refundable. However, we may, in our sole and absolute discretion, issue a credit to your Actinis account balance if we determine that the Service was not functioning as intended due to a fault on our part. The decision to issue a credit and the amount of such credit is entirely at our discretion. Any such credit can only be used to pay for the Service and cannot be withdrawn as cash.
5. Acceptable Use Policy
You agree not to use the Service for any of the following prohibited activities:
- Engaging in any activity that is illegal under Estonian, EU, or your local law.
- Distributing, hosting, or transmitting malware, viruses, or any other malicious software.
- Sending spam, unsolicited emails, or engaging in phishing.
- Using the service for cryptocurrency mining or similar computational activities.
- Attempting to gain unauthorized access to our systems or other users' accounts.
A violation of this policy will result in the immediate termination of your account and the deletion of your Virtual Device without notice and without eligibility for any refund or credit.
6. User Data and Privacy
6.1. Data Collection: We automatically collect certain information about your device (e.g., model, OS version) and usage analytics to improve our Service. Our use of this data is governed by our Privacy Policy.
6.2. Data within Virtual Device: You retain full ownership of all data, files, and applications you store or use within your Virtual Device ("User Content"). While we have the technical ability to access your User Content, we will not do so except:
- At your explicit request for support or debugging purposes.
- To comply with a valid and binding legal request from law enforcement.
6.3. Data Retention: If your subscription ends and is not renewed, or if your account is terminated, we may retain your Virtual Device and its data for up to 30 days. After this period, we will permanently and irreversibly delete it. This period may be shorter, and we provide no guarantee of data availability after your subscription ends.
6.4. Third-Party Sharing: We may share necessary data with third-party payment processors to handle your Top-Ups and with analytics services to help us understand and improve the Service.
7. Intellectual Property
You own your User Content. However, all rights, title, and interest in and to the Service itself, including its software, proprietary streaming technology, branding, and look and feel, are and will remain the exclusive property of Actinis OÜ. You agree not to (and not to allow any third party to) copy, modify, reverse-engineer, decompile, or otherwise attempt to extract the source code of the Service.
8. Disclaimers and Limitation of Liability
8.1. "AS IS" Service: The Service is provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, Actinis OÜ disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, reliability, and non-infringement. We do not warrant that the Service will be uninterrupted, secure, stable, or error-free. You acknowledge that the Service is technologically complex and may contain bugs.
8.2. Data Loss: We will use reasonable efforts to protect your User Content, but we do not guarantee that your data will be safe from loss or corruption. We are not responsible or liable for any loss of data. You are solely responsible for backing up your data.
8.3. Limitation of Liability: To the maximum extent permitted by applicable law, in no event shall Actinis OÜ, its founders, employees, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any unauthorized access to or use of our servers and/or any personal information stored therein.
9. Termination
You may stop using the Service at any time. We reserve the right to suspend or terminate your account and access to the Service at any time, with or without cause or notice, particularly if you breach these Terms. Upon termination, your right to use the Service will immediately cease, and your Virtual Device will be scheduled for deletion as described in section 6.3.
10. Changes to Terms
We may modify these Terms from time to time. If we make changes that we believe are material, we will notify you in advance via email or an in-app push notification, at least one week before the changes take effect. Your continued use of the Service after the changes become effective constitutes your acceptance of the revised Terms.
11. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Republic of Estonia, without regard to its conflict of law provisions.
We encourage you to contact us first to resolve any dispute. Please contact our support team at support@actinis.io. If we cannot resolve the dispute informally, you and Actinis OÜ agree that any judicial proceeding will be brought in the competent courts of Tartu, Estonia.
12. Contact Information
If you have any questions about these Terms, please contact us:
Actinis OÜ
Kaunase pst, 1
Tartu, Estonia
Email: support@actinis.io