This policy is provided in English, which is the authoritative and binding version.
This Refund Policy forms an integral part of the ActON Terms of Service and applies to all purchases of the Service.
01Scope and Applicability
ActON is provided exclusively to business customers (B2B). By purchasing or using the Service, the Customer confirms that they are acting on behalf of a legal entity or in a professional capacity.
Accordingly, EU consumer protection regulations (including the 14-day withdrawal right) do not apply.
This policy applies subject to the ActON Terms of Service and any mandatory provisions of applicable EU or national law that cannot be contractually excluded.
02Merchant of Record & Payments
Payments for ActON Shared Cloud subscriptions are processed by Polar Software, Inc. (“Polar”), acting as Merchant of Record and authorized reseller of the Service. All billing, invoicing, tax handling, refunds, and chargebacks are administered through Polar in accordance with Polar’s terms and refund mechanisms, this Refund Policy, and applicable law.
Any approved refund is issued only via Polar, using the original payment method. Polar may also grant refunds at its sole discretion in accordance with its own policies, regardless of this policy.
03Free Forever Plan & Evaluation
ActON offers a Free Forever plan (one production line, up to five equipment, without AI features) intended for evaluation purposes. No payment is required to use it.
The Customer is responsible for assessing functional suitability, technical compatibility, and organizational fit before purchasing a paid plan. Once a paid subscription is activated, the Service is deemed accepted and the evaluation purpose considered fulfilled.
04SaaS Subscriptions (Shared Cloud & Dedicated Cloud)
4.1 No Refunds After Activation
All subscription fees are non-refundable once the paid Service is activated, including the ActON Starter, Standard, Professional, and Enterprise plans, and including both monthly subscriptions and annual prepaid subscriptions.
No refunds are granted for:
- partial use or non-use of the Service;
- reductions in the number of production lines or equipment during a billing cycle (no pro-rated refund applies);
- change of business priorities or internal decisions;
- lack of adoption or insufficient usage;
- customer-side technical, organizational, or legal constraints;
- incompatibility with internal policies identified after activation.
05Exceptional Refunds – Verified Service Fault
A refund may be considered only if all of the following objective conditions are cumulatively met:
- a critical technical defect directly attributable to ActON;
- the defect prevents core functionality of the Service as contractually defined;
- the issue is reported in writing with sufficient detail;
- Share IT Smart is granted a reasonable remediation period;
- the issue remains unresolved after remediation attempts.
If these conditions are satisfied, any refund, if approved, will be pro-rated, strictly limited to the affected subscription period, and processed via Polar. No refund is granted for indirect, incidental, or consequential issues.
06One-Time Fees and Professional Services
All one-time fees are non-refundable, including setup and installation fees, configuration or onboarding services, dedicated environment provisioning, and consulting, customization, or support services. These fees correspond to irreversible work and resource allocation.
07On-Premises and Custom Deployments
For On-Premises or custom deployments, refund terms are governed exclusively by the signed commercial agreement. Unless explicitly stated otherwise, all payments are non-refundable, and hardware, licensing, and customization costs cannot be refunded. Where a signed commercial agreement exists, its terms prevail over this Refund Policy and the general Terms of Service to the extent of any conflict.
08Automatic Renewal and Cancellation
Subscriptions renew automatically at the end of each billing period at the then-current price, and charges recur until cancelled. The Customer may cancel at any time through the customer portal provided by Polar; cancellation takes effect at the end of the current paid period. Cancellation stops future renewals but does not entitle the Customer to a refund of fees already paid for the current period.
09Termination
Termination of the Service, for any reason and by any party, does not entitle the Customer to a refund of fees already paid.
10Chargebacks and Disputes
Customers are required to contact Share IT Smart before initiating any chargeback. Initiating a chargeback without prior written contact may result in temporary suspension of the Service, termination of the account, or restriction of future access. All disputes and chargebacks are handled through Polar’s dispute resolution process.
11Governing Law
This Refund Policy is governed by Romanian law and applicable European Union law. Nothing in this policy limits rights that cannot be contractually excluded under applicable law.
12Contact
- Company: Share IT Smart S.R.L.
- Email: office@share-it-smart.com
- Country: Romania