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accessing and using our services and infrastructure (“Platform”), you agree to these Terms of Service (“Terms”), unless superseded or supplemented by a signed Service Agreement.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.
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:
Use the Platform for lawful and ethical business purposes;
Avoid infringing third-party rights or violating laws;
Provide accurate and up-to-date information during onboarding and usage;
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:
Source code, object code, and software architecture
User interface (UI), user experience (UX), and visual design
APIs, SDKs, scripts, data models, and analytics algorithms
All technical documentation, integration manuals, and system diagrams
are and shall remain the exclusive property of Actisas OÜ. Nothing in these Terms or any related agreement shall be interpreted as a transfer of intellectual property rights, unless explicitly stated in writing.
6.2. Licence Grant to the Client
Actisas OÜ grants the Client a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform strictly in accordance with these Terms and any signed Service Agreement. This licence:
Is granted solely for the duration of the contractual relationship;
May be revoked immediately upon breach of these Terms;
Does not allow sublicensing, resale, or redistribution of the Platform or its components.
6.3. Restrictions
Clients shall not, directly or indirectly:
Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or technical structure of the Platform;
Copy, replicate, modify, or create derivative works from the Platform or its functionality;
Circumvent or disable any security or usage controls embedded within the Platform;
Use any portion of the Platform to develop a competing or similar product;
Share access credentials or Platform tools with third parties unless explicitly authorized.
6.4. Client Data and Generated Results
All data uploaded by the Client, including business inputs, budget data, and metadata, remain the property of the Client. Any insights, reports, or analytics generated through the Platform based on this data are provided for the Client’s internal use.
However, Actisas OÜ reserves the right to:
Use aggregated and anonymized data sets for service improvement, internal research, benchmarking, and system optimization, provided no individual Client or end-user is identifiable.
6.5. Open Source and Third-Party Components
If the Platform includes any open-source or third-party licensed components, such components are used under their respective licenses, and no warranty or representation is made with respect to such components by Actisas OÜ beyond their original scope.
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 case of intellectual property infringement or breach of licensing terms:
Actisas OÜ reserves the right to suspend Platform access immediately;
The Client may be held liable for damages, including legal fees and loss of business;
Breach may result in legal action or early termination of the contractual relationship.
6.8. Survival
All clauses relating to intellectual property rights and obligations shall survive termination or expiration of the Agreement or cessation of service.
7. Personal Data and Consent
7.1. Lawful Processing
We process personal data in accordance with GDPR and applicable privacy laws. All processing is limited to what is necessary for service delivery, compliance, and technical support.
7.2. Consent by Use
By using the Platform, you:
Expressly consent to the collection, processing, and storage of your personal and business data as described in these Terms and our Privacy Policy;
Consent to such data being shared with financial institutions, technical providers, or legal authorities, where required by law or contract.
7.3. Optional DPA
If required, a separate Data Processing Agreement (DPA) may be signed upon request.
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:
Parties may not disclose such information to third parties;
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:
Is or becomes publicly available without breach of these Terms;
Was lawfully received from a third party without restriction;
Is independently developed without use of the other Party’s data.
9. Limitation of Liability
Actisas OÜ is not liable for:
Actions of Clients or third parties using the Platform;
Results of budget execution, advertising effectiveness, or external service failures;
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 use of the Platform and services upon sighning the termination agreement by 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 immediately, without liability, in the following cases:
Breach of these Terms or any clause in the individual Service Agreement;
Violation of applicable laws or regulations, including AML or sanctions-related rules;
Unauthorized use of the Platform, including IP violations or fraudulent activities;
Failure to cooperate during compliance or due diligence procedures;
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:
All licences and access rights to the Platform are automatically revoked;
The Client must cease all use of the Platform and delete or return any proprietary materials;
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. Contact
Actisas OÜ
Harju County, Tallinn, Kesklinna District, Str. Ravi 2, 10134, Estonia
Email: st@actisas.ee
Contact: Sergis Timofejevs