PAYCA Terms of Service

Effective Date: January 1, 2025

Operator: Actisas OÜ (Ravi 2, 10134 Tallinn, Estonia; Registration code: 16787203)

PAYCA
Terms of Service

Operator: Actisas OÜ
(Ravi 2, Harju County, Kesklinna District, Tallinn, 10134, Estonia)
Registration code: 16787203egistration code:

Effective from 11.11.2025.

1. Introduction

Welcome to the PAYCA Platform operated by Actisas OÜ.
By accessing and using our services and infrastructure (“Platform”), you agree to these Terms of Service (“Terms”), unless superseded or supplemented by a signed Service Agreement.
By using the Platform, you confirm that you have read, understood, and agreed to these Terms and our Privacy Policy, and that you expressly consent to the processing and potential disclosure of your data as described herein.
If you don’t agree with these Terms or any of its clauses, you shall immediately cease to use our Platform.
Please be aware that the Company may revise these Terms from time to time. Therefore, the Terms may be changed or amended. Any changes or amendments will be published in advance for a reasonable period of time on the Platform. The effective date which is at the top of the Terms informs you about the latest version of the Terms. Company advises you to revisit this page from time to time to make sure you are familiar with the current version of the Terms.
2. Definitions

Agent: Actisas OÜ, providing the Platform and acting on behalf of Clients.
Client Any person or organization that accesses and uses the Platform under contract with the Agent.
Platform: A software infrastructure and API environment used for budget allocation, marketing performance management and analytics.


3. Relationship with Individual Agreements

Each Client enters into an individual Service Agreement with Actisas OÜ.
Where the Agreement and these Terms conflict, the Agreement shall prevail.
If these Terms supplement the Agreement, both shall apply together.

4. AML & Sanctions Compliance

We comply with AML directives and international sanctions regulations.
No services are provided to persons or entities on sanctions lists (UN, EU, OFAC, etc.).
If we discover that a Client is subject to such sanctions, we reserve the right to terminate services immediately.

5. Use of the Platform

Clients agree to:
Ø Use the Platform for lawful and ethical business purposes;
Ø      Avoid infringing third-party rights or violating laws;
Ø      Provide accurate and up-to-date information during onboarding and usage;
Ø      Maintain account confidentiality and security.

The Platform provides reports to the Client. If the Client does not raise any objections within 10 (ten) calendar days from the date of receipt, the reports shall be deemed accepted by both Parties.

6. Intellectual Property

6.1. Ownership of Rights

All rights, titles, and interests in and to the Platform, including but not limited to:

Ø source code, object code, and software architecture;

Ø user interface (UI), user experience (UX), and visual design;

Ø APIs, SDKs, scripts, data models, and analytics algorithms;

Ø technical documentation, integration manuals, and system diagrams;

Ø all materials, content, and components available on the website and the Platform;

Ø Company trademarks, service marks, brand names, and logos;

are and shall remain the exclusive property of Actisas OÜ or its licensors.
Nothing in these Terms or any related agreement shall be interpreted as a transfer of any intellectual property rights unless explicitly agreed in writing.

You may view, print, and/or download Platform materials solely for personal, informational, and non-commercial use, provided that all copyright and proprietary notices are preserved.

6.2. Licence Grant to the Client

Actisas OÜ grants the Client a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Platform strictly in accordance with these Terms and any signed Service Agreement.

This licence:

Ø is granted only for the duration of the contractual relationship;
Ø may be revoked immediately upon breach of these Terms;
Ø does not allow sublicensing, resale, redistribution, copying, or commercial exploitation of the Platform or its components.

6.3. Restrictions

The Client shall not, directly or indirectly:

Ø reverse-engineer, decompile, disassemble, or otherwise attempt to derive the Platform’s source code or structure;

Ø copy, replicate, modify, translate, or create derivative works based on the Platform or its functionality;

Ø circumvent, disable, or interfere with any access control, security mechanism, or usage limitation;

Ø use any part of the Platform to develop or support a competing or similar product or service;

Ø scrape, harvest, or extract data using automated tools, bots, scripts, or any non-authorized interfaces;

Ø upload or distribute unlawful, harmful, or malicious content;

Ø disrupt, overload, damage, or negatively interfere with the Platform or other users;

Ø share access credentials, API keys, or internal tools with any third party unless expressly authorized by Actisas OÜ.

The trademarks, service marks, and logos displayed on the Platform are the property of Actisas OÜ or their respective owners.
No copy, reproduction, modification, redistribution, posting, uploading, scraping, or transmission of such materials is permitted without written consent.

6.4. Client Data and Generated Results
All data provided or uploaded by the Client, including business inputs, advertising information, budget data, creative materials, and metadata, remains the exclusive property of the Client. Any reports, analytics, performance metrics, or insights generated by the Platform on the basis of such data are made available to the Client solely for internal business use.
Actisas OÜ does not claim ownership over Client data; however, the Client grants Actisas OÜ a limited right to process such data strictly for the purpose of providing, maintaining, and improving the Platform and Services.
Actisas OÜ may also use aggregated, depersonalized, and anonymized datasets derived from Platform activity for purposes such as improving system performance, conducting internal research, benchmarking, product development, and service optimization, provided that no individual Client, user, campaign, or business activity can be identified.

6.5. Open Source and Third-Party Components

If the Platform incorporates any open-source software or third-party licensed components, such components are provided strictly under the terms of their respective licenses. Actisas OÜ does not provide any additional warranties, representations, or assurances regarding these components beyond what is expressly stated in their original licenses.

6.6. Trademarks and Branding

The Client may not use any logos, trade names, or trademarks of Actisas OÜ without prior written approval.
Likewise, Actisas OÜ shall not use the Client’s branding, trademarks, or business name in any marketing or disclosure materials without prior written consent, except as necessary for technical implementation or reporting.

6.7. Violation and Enforcement

In the event of any intellectual property infringement or violation of licensing terms:
Ø Actisas OÜ reserves the right to immediately suspend the Client’s access to the Platform;
Ø The Client may be held financially liable for all resulting damages, including legal costs, expert fees, and any proven business losses;
Ø Such a breach may lead to legal proceedings and/or early termination of the contractual relationship at the discretion of Actisas OÜ.

6.8. Survival

All provisions relating to intellectual property rights and associated obligations shall survive and remain fully enforceable after the termination or expiration of the Agreement, the termination of these Terms, or the cessation of services.

7. Personal Data and Consent
7.1. Lawful Processing
Actisas OÜ processes personal data in accordance with the GDPR and all applicable data protection laws.
Personal data is processed strictly on lawful bases, including:
Ø performance of a contract,
Ø compliance with legal obligations,
Ø legitimate interests (such as security, platform functionality and fraud prevention),
Ø explicit consent, where required.
All processing is limited to what is necessary for service delivery, account management, technical support, compliance, and platform security.

7.2. Consent by Use
By accessing or using the Platform, you expressly acknowledge and agree that:
Ø Your personal and business data may be collected, stored, and processed as described in these Terms and our Privacy Policy;
Ø Such data may be shared with third-party service providers (e.g., hosting providers, analytics systems, technical contractors) strictly for the purpose of delivering the Services;
Ø Data may be disclosed to regulatory or legal authorities where required by law or to comply with legal obligations.
The Company does not sell, lease, or commercially distribute personal data to unrelated third parties.

7.3. Third-Party Processors & Cross-Border Transfers
Where Actisas OÜ engages third-party processors, such processors operate under written agreements ensuring GDPR-compliant confidentiality and data protection standards.
If data is transferred outside the EU/EEA, such transfers are carried out using lawful safeguards, including Standard Contractual Clauses (SCCs) or equivalent mechanisms.

7.4. Data Retention
Personal data is retained only for as long as necessary to achieve the purposes for which it was collected, or as required by applicable laws and regulations.

7.5. Privacy Policy
Actisas OÜ acts primarily as a data controller.
In specific cases and upon written request, the Parties may enter into a separate Privacy Policy, under which Actisas OÜ may act as a data processor or joint controller, depending on the nature of the processing.

8. Confidentiality
8.1. Mutual Confidentiality

Each Party shall treat all non-public, technical, business, or user information exchanged during the relationship as confidential.
.
8.2. Obligations

Unless required by law or explicitly authorized in writing:
Ø Parties may not disclose such information to third parties;
Ø Access shall be restricted only to personnel or contractors who need it for service execution.
8.3. Exceptions

Information shall not be considered confidential if it:
ü  Is or becomes publicly available without breach of these Terms;
ü Was lawfully received from a third party without restriction;
ü Is independently developed without use of the other Party’s data.

9. Limitation of Liability

Actisas OÜ is not liable for:
ü Actions of Clients or third parties using the Platform;
ü Results of budget execution, advertising effectiveness, or external service failures;
ü Indirect or consequential damages.

Liability is limited to fees received by the Agent in the prior three (3) months.

10. Amendments

We may amend these Terms at any time.
The current version is always available on the website.
By continuing to use the Platform, you agree to the amended Terms.

11. Termination
11.1. Termination by the Client
The Client may terminate the Agreement/Terms with the Company at any time on the basis provided by law.
both Parties.
11.2. Termination by Actisas OÜ

Actisas OÜ reserves the right to unilaterally suspend or terminate the Client’s access to the Platform and terminate the Agreement/Terms immediately, without liability, in the following cases:
Ø Breach of these Terms or any clause in the individual Service Agreement;
Ø Violation of applicable laws or regulations, including AML or sanctions-related rules;
Ø Unauthorized use of the Platform, including IP violations or fraudulent activities;
Ø Failure to cooperate during compliance or due diligence procedures;
Ø Reasonable belief that continued service to the Client may cause significant reputational, regulatory, financial, or operational harm to Actisas OÜ, its partners, or third parties.

11.3. Post-Termination
Upon termination:
Ø All licences and access rights to the Platform are automatically revoked;
Ø The Client must cease all use of the Platform and delete or return any proprietary materials;
Ø Confidentiality, intellectual property, and liability provisions survive termination.


12. Governing Law & Dispute Resolution

These Terms are governed by Estonian law..
Disputes will first be resolved by negotiation, and if unresolved, settled by the courts of Tallinn, Estonia..

13. Disclaimers
The Client expressly understand and agree that the Platform is provided "as is" and "as available" without warranties of any kind either express or implied.
To the fullest extent permissible pursuant to applicable law, Actisas OÜ makes no express warranties and disclaims all implied warranties regarding the Platform or any Service you access through the Platform or external sites, including implied warranties of merchantability, fitness for a particular purpose, non-infringement correctness, accuracy, and reliability. The Client alone are solely responsible for determining whether any service or transaction/deal, or any other product or service provided through the Platform, is appropriate or suitable for you based on his objectives and personal and financial situation. The Client also may need to consult a professional regarding his specific legal or tax situation.

14. Contact
Actisas OÜ
Address: Harju County, Tallinn, Kesklinna District, Str. Ravi 2, 10134, Estonia
Email: info@payca.vc
Contact: Sergis Timofejevs