Terms of Service

These Terms of Service (“Terms”) govern your access to and use of Actovia AI, a web application for generating and sending personalized commercial real-estate outreach (the “Service”), provided by Actovia (“Actovia,” “we,” “us,” or “our”). By creating an account or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

Actovia AI helps you retrieve property and owner data, generate personalized email sequences, and — if you connect a supported email provider — send those emails from your own account and track replies. We may add, change, or discontinue features at any time.

2. Accounts

You must provide accurate information and keep your credentials secure. You are responsible for all activity under your account. You must be at least 18 years old and authorized to act on behalf of any business you represent. Notify us promptly of any unauthorized use.

3. Your content and credentials

You retain ownership of the content you submit and generate (templates, drafts, contacts, and campaign data). You grant us a limited license to process that content solely to operate and provide the Service. You are responsible for the accuracy of the data you upload and for having the right to use any contact information you import.

4. Acceptable use & email compliance

Email outreach is powerful and heavily regulated. You are solely responsible for the messages you send through the Service and for complying with all applicable laws and the policies of your email provider. You agree that you will:

• Comply with all applicable anti-spam and privacy laws, including the U.S. CAN-SPAM Act, and, where applicable, CASL, GDPR, and similar laws;
• Send only messages relevant to your legitimate business, include accurate sender information and a valid physical mailing address where required, and honor opt-out and unsubscribe requests promptly;
• Not send unsolicited bulk email (spam), deceptive subject lines, or content that is unlawful, harassing, fraudulent, or infringing;
• Respect the sending limits, program policies, and terms of your email provider (including Google’s), and not use the Service to evade those limits or policies;
• Not misuse the Service, attempt to access it in unauthorized ways, reverse engineer it, or interfere with its operation or security.

We may suspend or terminate accounts that we reasonably believe violate these rules or that create risk to the Service or its other users.

5. Third-party services

The Service integrates with third-party providers (for example Google Gmail, the Actovia data API, and AI model providers). Your use of those integrations is also subject to the third party’s own terms and privacy policies. We are not responsible for third-party services, and connecting them is at your discretion. Your use of Google services through the Service is subject to the applicable Google terms.

6. AI-generated content

The Service uses AI to draft content. AI output may contain errors or inaccuracies. You are responsible for reviewing and approving all content before it is sent, and for ensuring it is accurate, appropriate, and compliant. We make no warranty regarding AI-generated output.

7. Fees

If the Service (or portions of it) is offered for a fee, applicable pricing and payment terms will be presented to you. Some features depend on third-party API keys or accounts you supply, and any charges from those third parties are your responsibility.

8. Intellectual property

The Service, including its software, design, and trademarks, is owned by Actovia and its licensors and is protected by law. These Terms do not grant you any right in our intellectual property other than the limited right to use the Service as permitted here.

9. Disclaimers

The Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that any outreach will achieve any particular result.

10. Limitation of liability

To the maximum extent permitted by law, Actovia and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, data, goodwill, or business, arising out of or related to your use of the Service. Our total liability for any claim relating to the Service will not exceed the greater of the amount you paid us for the Service in the twelve months before the claim or USD $100.

11. Indemnification

You agree to indemnify and hold harmless Actovia from any claims, damages, and expenses (including reasonable legal fees) arising out of the content you send, your violation of these Terms, or your violation of any law or third-party right.

12. Termination

You may stop using the Service and delete your account at any time. We may suspend or terminate your access if you violate these Terms or if we discontinue the Service. Provisions that by their nature should survive termination will survive.

13. Governing law

These Terms are governed by the laws of the State of New Jersey, United States, without regard to its conflict-of-laws rules. The courts located in the State of New Jersey, United States will have exclusive jurisdiction over any dispute, unless applicable law requires otherwise.

14. Changes to these Terms

We may update these Terms from time to time. We will post the updated version here and revise the “Effective” date above. Your continued use of the Service after changes take effect constitutes acceptance.

15. Contact

Questions about these Terms? Contact us at jeffi@actovia.com or (732) 987-9870. Mailing address: 300 Candlewood Commons, Howell Township, NJ 07731.