IMPORTANT NOTE: These Terms & Conditions contain a binding arbitration clause and class action waiver that impact your rights about how to resolve disputes. Please, read it carefully.
Welcome to the Terms & Conditions of the Actaware App! We know that reading this type of document is rarely enjoyable, so we will try to simplify its provisions as much as possible so that you can move on to using the application as quickly as possible.
Our mission is to guide people in defining their values to create personalized ratings on products and companies. These ratings help people avoid hurtful products and allow them to support businesses aligned with their causes.
When we refer to “we” “us” “our” and “App” we mean Actaware mobile App as a whole and its individual functionalities available at a given time managed by Actaware Inc. 3558 Torino Way, Concord, CA, 94518 with headquarters in Concord, California.
When we refer to “Parties” we mean Actaware and the User as parties of these Terms & Conditions.
We use the expressions “information” and “data” interchangeably and unless explicitly mentioned, in these Terms & Conditions they mean the same thing.
If you do not agree to be bound by any of the documents, you will not be able to use our application.
By accepting these Terms & Conditions you also agree to take responsibility for everything that happens within your Actaware account. You also agree to immediately notify us of any security breach or suspected breach or other unauthorized use of your account.
Actaware offers a personalized scoring and recommendation system that analyzes the information provided by the User regarding his or her individual preferences and processes it in relation to information about a particular product or company, gathered from publicly available and objective sources.
Actaware is an independent App and has no financial or contractual connections of any kind with the producers or distributors of the products evaluated by the application.
The main objectives of the Actaware application are:
o use the Application in the manner intended for it, the User should answer the questions (at least one) posed in the Survey regarding his/her/their personal preferences. Actaware does not specify the scope or categories of questions that the User must answer.
If the User does not wish to answer questions within a specific category, the User may use “Fast Track” – a feature that allows the User to mark the areas the User cares most about.
Due to the variety of questions in the Survey, Fast Track does not work the same way for all categories. Using Fast Track in:
After choosing the matters that User cares most about he/she/they can move to the next screen where there is possibility to choose special preferences. This applies to the following:
Actaware declares that the selection of questions asked in the Survey was made with the highest standards of due diligence as to the broadest possible diversity of issues addressed and is not intentionally suggestive in nature and is not intended to suggest any answers to Users.
To obtain Product Score and/or Company Score, User should scan the barcode of the product he/she/they want to obtain information about after completing the Survey and obtaining your own Values Compass.
We hereby declare that our Application is only to support the User in her/his/their daily consumer choices. According to the applicable law, as a consumer, the User might have the right to have full information about the product and its manufacturer, and to purchase the product on that basis. Scanning product barcodes and our tool is only meant to facilitate these decisions.
Actaware makes the utmost effort to ensure that all functionalities of the Application work as intended. Nevertheless, Actaware is not responsible for technical unavailability of the Internet connection, caused by an event of force majeure or, without limitation, misconfigured settings or misuse of the User’s device, an electrical power outage, a network failure, update, an intervention by the hosting company, maintenance, a change, an internal or external strike.
Actaware obtains the data about products and companies from various sources, previously checked for reliability of the information provided on website.
Although our team works hard to ensure that the accuracy of the information is of a very good level, please note that as we rely on data obtained from different sources, we are not able, and we therefore do not guarantee that the information provided by Actaware based on the obtained data will be up-to-date or completely reliable.
Actaware makes all efforts to ensure that the information collected about products and companies is reliable in every respect. Some of the information collected by us has been created and published by companies offering or creating these products. We cannot and we do not guarantee that any aspect of this information, including, without limitation, descriptions of certain products, its specification and companies’ declaration as well as Product or Company Score based on it, is fully accurate.
There are various systems and tools that help with data gathering and analysis, including, but not limited to:
Actaware obtains the data about Products and Companies from various resources, including, without limitation:
Actaware save information about products and companies as a metric. Metric must have specific fields – data structure for a single piece of data, so it is possible to resolve two-dimensional survey questions.
They must be two-dimensional because of the option for the Users to point out not only how much they care about the specific matter, but also what is their opinion regarding certain topic. That means, that within the first dimension Users can point out that certain topic doesn’t matter for them at all or that they disagree or agree with a presented opinion. Within the second dimension, users can agree to what extent they disagree or agree with presented topic.
The specific fields of the metrics are:
This information all together is called metrics definition. It is being created when analyst find and put certain data in an order.
A field in a company that uses the definition of metrics – If the next company refers to the same issue (for example, water usage reduction), the same definition is being used for all these companies to make sure how they perform in comparison, and which one, considering criteria relevant to specific values, is doing best in specific matter.
When it comes to values, Actaware’s analysts gather the data on companies themselves and put them in different Database.
Using the example above (Actaware+Environment), Water usage reduction, value for an alcohol beverage company on the issue could be:
Actaware performs best effort in checking the composition of products that can be scanned through the App. Due to the use of many different methods of data acquisition, as well as the diversity of sources, Actaware does not guarantee that the composition of the product (including, without limitation, its ingredients, percentage and weight of certain ingredients, exact chemical composition of the product) in the analyzed product, is consistent with its actual composition.
Actaware makes every effort to ensure that the data collected about products corresponds to their actual composition, origin, environmental impact, etc.
Nevertheless, Actaware does not guarantee the reliability of the data provided by producent about certain product and its reflection in the actual composition, nor its accuracy and timeliness. It may contain errors or confusing descriptions, as well as use greenwashing techniques. It may also turn out that certain Product will in fact contain substances about which Actaware has not obtained relevant data.
Although Actaware does its best efforts to provide the User with the most complete picture of a given product in the Product Score based on the product data collected and User’s Values Compass, Actaware does not guarantee the reliability of Product Score. It is the sole responsibility of the User to check the composition of the product on the package. If an error is found in our Application, the User may report the error to Actaware via email.
Please note that by using Actaware App, you confirm that any reliance upon any advice, statement, opinion, or any type of information distributed, created, or displayed in any way through Actaware is solely at your risk.
Although Actaware makes every effort to inform Users about the detailed composition of scanned products, as well as those that are positive or negative for the User due to personal preferences, Actaware does not distribute, create, or display any substitute for the diagnosis, or advice of a medical professional, nor does it suggest any treatment.
Actaware do not include information about side effects of using certain products, precautions, or interactions with different ingredients that might be safe or dangerous for the User. You might contact the manufacturer of certain product to receive additional information.
Please contact your doctor or another medical professional for the specific information about the products you can or cannot consume or use. If you have felt unwell after exposure to a certain product, contact your primary care practitioner to determine the cause of your aggravation.
We also declare that the results presented in Product Score do not under any circumstances constitute an offer within the meaning of US contract law.
The possibility of obtaining a rating for alcohol or tobacco products under Product Score, or the manufacturer of alcohol or tobacco products under Company Score, does not construct an advertisement for alcohol or tobacco products under § 422.2260 of the Electronic Code of Federal Regulations.
We declare that regardless of the Values Compass of a given User, in order not to encourage the consumption of alcohol, the Actaware App will not, under any circumstances, consider alcohol products as “good” or “very good” under Product Score.
You acknowledge that you purchase and consume alcohol or tobacco products at your own risk. Under no circumstances shall Actaware be responsible for the consequences resulting directly or indirectly from the purchase and consumption of alcohol or tobacco products directed by the Product or Company Score by the User.
As with the creation of the Product Score, the Company Score is based on data about companies, including, without limitation, their business development plans, publicly available strategies, ESG activity reports as well as information about their actions toward the issues raised in the Survey. This data is obtained from a wide variety of sources (see “Database” section for information on these sources).
Although Actaware does its best efforts to collect and verify the most reliable and objective information about a particular company and its activities, Actaware is not responsible for:
Actaware does not guarantee the reliability of the sources providing information about the respective company, as well as for the possible situation in which the data on which the Company Score is based are mis- or disinformation disseminated by third parties, including, but not limited to, third parties acting in conjunction with companies competing with the company to which the Company Score pertains.
Actaware does its best efforts to check the content and information on the websites from which it obtains content for the news displayed in Newsfeed. Nevertheless, Actaware does not guarantee the reliability, accuracy, and correctness of this information, including, but not limited to, any references or links to any type of the third-party information sources.
We declare that under no circumstances do we intend to spread misinformation. If a User believes that the news displayed to him/her/them within the Newsfeed is not in accordance with the facts, please message our Team at: firstname.lastname@example.org
Under no circumstances, Actaware shall be liable for User’s loss or damage that may arise from the use of information provided by sources appearing in the Newsfeed. These websites are not under our control, and it is at the risk and upon sole responsibility of the User to rely on the information provided by the link in Newsfeed. The User acknowledge that he/she/they should check the reliability, accuracy and correctness of the information provided by Newsfeed within the App.
Be aware that some of the content displayed in the Newsfeed may not be suitable for persons under the age of 18. We endeavor to ensure that the information we make available to Users is, first and foremost, consistent with their stated values. Actaware therefore does not guarantee that the content will be age-appropriate at the same time. If this is the case, please contact us via: email@example.com
We would also like to inform you that the news displayed within the Newsfeed may contain drastic descriptions or images.
Please note that, due to the respective Copyright law, Actaware does not guarantee that the User may use the content available through the link to third-party website provided by the Newsfeed.
To be able to download and use Actaware App properly, User’s device needs to have at least Android 5.1 or iOS 12.
Under no circumstances, Actaware shall be liable for partial or total inability to use the App and its Services, caused by, without limitation, hardware, or software incompatibility.
The obligation to provide adequate technical conditions for the complete use of the Application, lies solely and exclusively upon the User.
Please note that inability to use the Application due to failure to meet the technical requirements described in this section does not in any way grant the User the right to any indemnification, compensation, or Publisher’s accountability.
Should the User find any unauthorized activity on the account as well as non-compliance with Actaware legal documents or materials promoting an App, as well as hidden defects or malfunctions of an App, please contact us by e-mail: firstname.lastname@example.org so that we can first try to solve this problem in the best possible way.
At Actaware, we make sure that our Users use the Application as consciously as possible. Therefore, to create an account, the User must be at least 17 years old.
Despite doing our best to provide services at an appropriate level for each User, we are unable to verify and ensure that the Application is used only by persons who meet the age requirement. Actaware is therefore not responsible for the situation in which, despite being prohibited from doing so, the User violates these Terms & Conditions and creates an account despite not being at least 17 years old.
If such a situation is detected, Actaware reserves the right to automatically block the account as a first step and possibly delete the account afterwards.
The User can create an account by providing his/her/their name, e-mail, password, and country of origin. He/She/They can also sign into the App via third-party application login (such as Google, Facebook, or Apple account) by authorizing Actaware to access certain account information from that third-party application, such as basic profile information, name, profile picture, e-mail address (optional), current city (optional).
Actaware is not responsible for protecting the password that User has chosen from any third parties’ unauthorized access and malicious or abusive use of User’s account.
User acknowledges that he/she/they is solely responsible for knowing the account credentials and keeping the password secure, as well as all the back-ups of the information needed in the event of losing the password and trying to recover an access to the account. The User hereby acknowledges the risk of losing access to the data and the Actaware account if the password to it is lost.
It is the sole responsibility of the User to make sure that the information provided by him/her/them (including, but not limited to, information needed to create an account, as well as further details filled out as part of completing the User’s profile including date of birth, gender/gender identification, and answers to survey questions etc.) will be up-to-date, accurate and complete.
Actaware holds an exclusive right to temporarily withhold access to the App if the User does not abide by the provisions of this Terms & Conditions.
Suspension of the account does not deprive Publisher of the right to take appropriate legal action against the User if it is based on applicable law.
In case of serious violations of this Terms & Conditions, Actaware claims the right to delete the User’s account.
Actaware may also delete a User’s account if it has remained inactive for a continuous period of one calendar year.
The User has the right to delete the account himself through the App.
User agrees to:
Actaware grants the User a right to:
Actaware Inc. is the sole Copyright Owner of the Actaware App and all its elements, including, but not limited to, its database, software code (including both source code and object code), firmware, analysis and recommendation methods, texts, graphical elements of Actaware App (including App screen displays), animated effects (if applicable), Actaware logo and Act Aware brand (“Actaware Content”).
Actaware Content is reserved solely for the benefit of the Actaware Inc.
Anyone who reproduces, distributes, embeds, or interferes in any way Actaware Content, may face penalties provided in respective laws, including, without limitation, US Copyright law.
Actaware Inc. grants its Users limited, non-exclusive and nontransferable license to download, install and use the App for your non-commercial and personal use on a single mobile device owned or controlled by you (“Mobile Device“) in accordance with the Actaware documentation.
The User may, where indicated expressly in Actaware App, share and/or duplicate certain Content that might be accessed through the App, only for non-commercial and personal use.
To exercise this entitlement, the copyright attributes and all other attributes required by Actaware must be properly implemented by you.
Any applicable statutory restrictions or exceptions provided by relevant Copyright law shall remain in effect.
The license does not grant the User the right to:
Violation of these provisions may cause the deletion of an account without compensation or prior notice to the User. Such action shall not be a detriment, without prejudice to any possible subsequent legal action brought against the User upon the initiation of the Actaware or its Copyright Agent.
Actaware is entitled to develop and provide Users with App updates, which may include, without limitation, patches, bug fixes, and other error corrections, as well as new features (“Updates”). Actaware reserves the right to do this at a time of its choosing, without obligation to provide any Updates. The User retains the right to refuse downloading the Upgrades. At the same time, the User is aware that failure to download Updates may result in incomplete or incorrect operation of the App, for which Actaware shall not be liable.
To obtain data about products and companies, Actaware can access and use external, publicly shared information and resources from third parties.
Please note that, to the best of our knowledge, Actaware uses only lawful methods to obtain information not subject to the protection of intellectual property or other applicable laws, including, without Limitation, the Computing Fraud and Abuse Act.
Actaware does not intentionally interfere with the sui generis rights to third-party databases.
If the User, while using the Application, encounters doubt about the legality of the Content contained in the Application, Actaware requests that the User report this problem directly to our email address email@example.com
If you find yourself to be a copyright holder of any copyrightable element of the Content, and you think that Actaware might infringe your rights in any way, due to the Digital Millenium Act (“DMCA”) and 17 U.S.C 512(c)(3), User has a right to submit a notification by providing the Owner’s Copyright Agent with the information in writing consisting of:
According to the DMCA regulations, to submit properly the infringement notification, the User should address it to the Owner’s Copyright Agent, following the contact details provided in this document. Failure to meet all the above requirements may result in the nullity of the DMCA notice.
Actaware Copyright Agent:
The User also acknowledges that copyright in all images and text materials provided in the Newsfeed belong to their respective copyright holders. Actaware has no responsibility to control, or monitor any materials produced or distributed in any way within the third parties’ content displayed in the Newsfeed. The User acknowledges that the conditions applicable to any third-party content, including those applicable to the possible grant of legal rights to content, shall be determined by the terms and conditions of any such third party or, in the absence thereof, by existing statutory law.
Actaware does not claim copyright to the materials in Newsfeed. According to the Section 107 of the Copyright Act, under the fair use doctrine, providing a piece of work for a news reporting reason with indicating the source of the quote is permitted and does not infringe the copyright.
Actaware Application’s data is hosted by Microsoft Azure whose headquarters are located at 1 Microsoft Way, Redmond, Washington 98052-8300, United States.
Actaware hereby declares that it does not undertake any advertising or marketing cooperation with any manufacturer whose products or activities are subject to Product or Company Score. Actaware does not act in concert or intentionally to the benefit or disadvantage of any of the companies covered by the Company Score.
Actaware declares that the Company Score is independent of our private evaluation of the performance or image of any company and depends only on the data we acquire from User’s behavior and individual preferences and has no intention of harming the good name or reputation of the company in question. Actaware do not conduct comparative advertising as defined in 16 CFR § 14.15 (b) of the Electronic Code of Federal Regulations (e-CFR).
The User acknowledges that this is an essential part of this Terms & Conditions. It does not however apply to any product warranty made to you by the manufacturer of the product that you might have purchased based on the Product or Company Score.
Actaware App is provided to the User (Licensee of the App) “as is”, with all the defects and faults.
To the maximum extent permitted under applicable law, in no event shall Actaware (Company), its Affiliates, Licensors or Service Providers be liable for any damages, including, but not limited to, otherwise connected to this Terms & Conditions, business interruption, personal injury, loss of profits, loss of data or other information, loss of privacy resulted from or in any other way related to the inability to use or usage of the App, third-party hardware of software used in the App etc.
Actaware does not provide the User with warranty of any kind, including, but not limited to, statutory, expressed or otherwise implied warranties, with respect to the application, including all implied warranties of merchantability, fitness for a certain title, purpose, and non-infringement, as well as warranties that may arise out of course of performance, including, without limitation, maintaining the security of Users’ data, dealing, trade practice or usage of any type.
Without limiting the above, Actaware does not make representation of any kind or provide any warranty or undertaking that it will meet your expectations, requirements, achieve intended results, be compatible with User’s device or the software that the User has and will operate error free or without any interruption. Actaware does not legally obligate itself to the User to fix an error or any other problem, directly or indirectly related to the Application.
Actaware saves the right to provide the User with additional disclaimers that may appear within the service of the App. These disclaimers are incorporated herein by reference.
The User acknowledges that some jurisdictions might not allow to exclude or limit implied warranties as well as limit the applicable statutory rights of a consumer. If it applies to a particular User, the above section shall not apply to this person.
To the fullest extent permitted by applicable law, in no event will Actaware or its representatives, affiliates, partners, directors, officers, employees, shareholders, investors, subsidiaries, licensors, licensees, service providers, assigns and successors have any liability for damages arising from or related to User’s use or inability to use the App or any third party, including, without limitation, damages arising from breach of contract, tort (including, but not limited to acts of negligence of any level), loss of use, data, profits, interruption in business, whether based on contractual liability, tort liability, regulations or common law precedent. This limitation applies also to the situation when damages were predictable or Actaware was advised of the possibility of such damages.
Actaware is not liable for any service breakdowns, loss of data, viruses, intrusion, or otherwise.
Some laws and jurisdictions do not allow certain limitations of liability. Please note that if that is relevant to you, this section does not apply to you and under explicit circumstances provided by relevant law regulations, you might have additional rights. The User acknowledges that this shall not have the effect or will not be affected to prevent rights that cannot be taken under the law. Actaware liability shall be limited to the fullest extent provided by applicable law.
By agreeing to these Terms & Conditions, the User agrees to resolve all disputes arising out, or in connection with Actaware App and any of its features, as well as Actaware website without resort to court litigation.
In the event of any dispute, claim, question, or disagreement arising from or relating to this Terms & Conditions or the breach thereof, the Parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both Parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or differences shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial or other Arbitration Rules, including Large Complex Cases and International Arbitration Rules of the International Centre for Dispute Resolution.
Any controversy or claim arising out of or relating to this Terms & Conditions, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial or other Arbitration Rules, including Large Complex Cases and International Arbitration Rules of the International Centre for Dispute Resolution and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The award rendered by the arbitrator(s) shall be final and non-reviewable or non-appealable. Binding on the Parties may be entered and enforced in any court having jurisdiction, and any court where a party or its assets is located to whose jurisdiction the Parties’ consent for the purposes of enforcing the award. Judgment on the award shall be final and non-appealable.
Depending on the value of the subject matter of the dispute, the Parties agree, within fourteen (14) days after the failure of negotiations, to jointly decide the number of arbitrator(s).
Arbitrator(s) shall agree to by the Parties within twenty (20) days of receipt by respondent[s] of the request for arbitration or in default thereof appointed by the AAA in accordance with its Commercial Rules.
If the Parties have decided to choose one (1) arbitrator, the arbitrator should be agreed to by the Parties within twenty (20) days of receipt by respondent[s] of the request for arbitration or in default thereof appointed by the AAA in accordance with its Commercial Rules.
Arbitrator shall be practicing attorney or retired judge of the new technology law, particularly the law related to the development and operation of mobile applications in the United States.
If the Parties have decided to choose three (3) arbitrators, within fourteen (14) days after the commencement of arbitration, each Party shall select one person to act as arbitrator and the two selected shall select a third arbitrator within 10 days of their appointment. The party-selected arbitrators will serve in a non-neutral capacity. If the arbitrators selected by the parties are unable or fail to agree upon the third arbitrator, the third arbitrator shall be selected by the American Arbitration Association.
The arbitrators shall be selected from a panel of persons having experience with and knowledge of mobile apps operation and the IT business, and at least one of the arbitrators selected will be an attorney.
The arbitrator(s) will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute.
At the request of a party, the arbitrator(s) shall have the discretion to order examination by deposition of witnesses to the extent the arbitrator deems such additional discovery relevant and appropriate. Depositions shall be limited to a maximum of three per party and shall be held within 30 days of the making of a request. Additional depositions may be scheduled only with the permission of the arbitrator, and for good cause shown. Each deposition shall be limited to a maximum of one day’s duration. All objections are reserved for the arbitration hearing except for objections based on privilege and proprietary or confidential information.
The award shall be made within nine months of the filing of the notice of intention to arbitrate and the arbitrator shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by agreement of the Parties or by the arbitrator if necessary.
The arbitrator(s) shall award to the prevailing party, if any, as determined by the arbitrator, all its costs and fees. “Costs and fees” mean all reasonable pre-award expenses of the arbitration, including the arbitrators’ fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys’ fees.
The award shall be in writing, shall be signed by most of the arbitrator(s), and shall include a statement setting forth the reasons for the disposition of any claim.
The place of arbitration shall be Delaware, United States.
The language of the arbitration shall be English.
This Terms & Conditions shall be governed by and interpreted in accordance with the laws of the State of Delaware. The Parties acknowledge that this Terms & Conditions evidences a transaction involving interstate commerce. The United States Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in this Terms & Conditions.