Terms of Service

1. Agreeing to these terms

By using www.goactify.com, submitting a form, or starting a pilot, you agree to these terms. If you do not agree, please do not use the site.

If you are accepting on behalf of a company, you confirm that you are authorised to bind that company, and “you” in these terms means both you and that company.

You must be at least 18 years old. Actify is sold to employers, not to individuals under the age of majority.

2. What this website is

This website describes the Actify employee engagement platform and lets you request a demo or start a pilot. It is marketing and enquiry material.

The Actify application is separate. When your company starts using the product at app.goactify.com, that use is governed by the subscription agreement and product terms presented at sign-up, not by this document. Where the two conflict for the application, the subscription agreement wins.

Descriptions of features, integrations and results on this website are provided for general information. They are not a commitment that any particular feature will exist, remain available, or produce a particular outcome for your organisation. Statistics and research we cite come from third-party sources and describe those studies, not a promise about your results.

3. Pilots, demos and pricing

• Where we advertise a free pilot, it is offered for the stated period at no charge and without requiring a payment method. We may set reasonable limits on scope, number of participants, or duration, and we will tell you what those are before the pilot begins.
• Either of us can end a pilot at any time, for any reason, with notice to the other.
• A pilot does not convert into a paid subscription automatically. Any paid engagement requires a separate agreement.
• Prices shown on this website are in Canadian dollars, exclude applicable taxes, and may change. The price that applies to you is the one in your signed order or subscription agreement.
• Booking a demo does not create a contract or reserve capacity.

4. How you may use the site

You agree not to:

• Submit false information, or someone else’s personal information, through our forms
• Attempt to gain unauthorised access to any part of the site, our servers, or our internal tools
• Probe, scan or test the vulnerability of our systems, or defeat any security or authentication measure
• Scrape, harvest or bulk-download content, or use automated means to access the site in a way that degrades it for others
• Use the site to send unsolicited commercial messages, or for any unlawful purpose
• Copy, republish or resell our content, or use it to build a competing product or a machine-learning dataset, without our written permission

If you believe you have found a security vulnerability, please tell us at legal@goactify.com before disclosing it publicly. We will not pursue action against good-faith research that respects the limits above and does not access other people’s data.

5. Our content

The text, design, graphics, logos and software on this website belong to Actify or our licensors, and are protected by copyright and trademark law. “Actify” and our logo are our trademarks; other marks shown belong to their respective owners and appear for identification only.

You may view, download and print pages for your own internal evaluation of Actify. Every other use needs our written permission.

If you send us feedback or suggestions about our product, you allow us to use them freely, without obligation or compensation to you.

6. Links to other services

This site links to services we do not control, including our scheduling provider and the Actify application. Following those links takes you to a service with its own terms and privacy practices, and we are not responsible for their content or their handling of your information.

7. Privacy

Our Privacy Policy explains what we collect through this website, who we share it with, how long we keep it, and how to get a copy or have it deleted. It forms part of these terms.

When you tick the consent box on a form, you are agreeing that we may contact you about Actify. You can withdraw that consent at any time by replying to any message from us or emailing privacy@goactify.com.

8. Availability

We aim to keep the site available, but we do not promise uninterrupted access. We may change, suspend or withdraw any part of the site, or these terms, at any time. Where a change to these terms materially affects you, we will update the date at the top of this page and, where it is reasonable to do so, tell you directly.

9. Disclaimer

The website and its content are provided “as is” and “as available”. To the fullest extent permitted by law, we disclaim all warranties, whether express, implied or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Nothing on this website is legal, tax, HR or professional advice. Employee engagement, recognition and wellness programs interact with employment and privacy law in your jurisdiction — take your own advice before relying on anything here.

10. Limitation of liability

To the fullest extent permitted by law, Actify and its directors, officers, employees and suppliers will not be liable for any indirect, incidental, special, consequential or punitive damages, or for any loss of profits, revenue, data or goodwill, arising out of your use of this website.

Our total liability arising out of or relating to this website and these terms is limited to the greater of the amount you paid us in the twelve months before the claim, or one hundred Canadian dollars (CAD $100).

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. Where that law applies to you, these exclusions apply only to the extent permitted, and nothing in these terms limits liability for fraud, or for death or personal injury caused by negligence.

11. Indemnity

You agree to indemnify Actify against claims, losses and reasonable legal costs arising from your breach of these terms, your misuse of the site, or your violation of any law or third-party right.

12. Governing law

These terms are governed by the laws of the Province of British Columbia and the federal laws of Canada that apply there, without regard to conflict-of-laws rules. The courts of British Columbia have exclusive jurisdiction, and you consent to their jurisdiction and venue.

If any provision of these terms is found unenforceable, the rest remain in effect. Our failure to enforce a provision is not a waiver of it.

13. Contact

Questions about these terms: legal@goactify.com

Privacy requests: privacy@goactify.com

Actify — Kelowna, British Columbia, Canada