Terms of Service

ActON is provided exclusively on a business-to-business (B2B) basis.

The Service is intended for professional and organizational use in industrial and manufacturing environments only. It is not intended for consumer use.

By using the Service on behalf of an organization, you confirm that you have the authority to bind that organization to these Terms.

ActON is a maintenance management platform (CMMS) that supports industrial maintenance operations through, among others:

• equipment and asset registries organized by production line;
• preventive maintenance (PM) scheduling and work-order / task management;
• AI-assisted extraction of maintenance intervals and spare parts from technical documentation (e.g. PDF manuals);
• email-to-task automation;
• PM scheduling aligned with production planning (MPS) where integrated;
• visual-management dashboards (including TV Dashboard) and a knowledge-base Q&A.

ActON is designed as a LEAN, ERP-complementary layer: it reads from and writes back to existing systems and complements — rather than replaces — your ERP, MPS, or other systems of record.

The Service provides decision-support and documentation assistance only. It does not replace human judgment, managerial responsibility, maintenance-engineering expertise, or any legal, safety, or regulatory obligation applicable to your operations.

ActON is currently offered as an early-access / first-release product. Features are actively developed and may change, be added, or be withdrawn over time.

The Service is made available in the following deployment models:

• Shared Cloud (multi-tenant SaaS) – the standard hosted offering, billed via the plans described in Section 10;
• Dedicated Cloud (single-tenant) – an isolated single-tenant environment, provided under a dedicated commercial offer;
• On-Premises – deployment within the customer’s own infrastructure, provided under a dedicated commercial offer and a signed commercial agreement.

Dedicated Cloud and On-Premises deployments require a separate written offer. Where a signed commercial agreement exists, its terms prevail over these Terms to the extent of any conflict.

Access requires account registration. You are responsible for:

• all activity under your account and the accounts of your users;
• maintaining the confidentiality of credentials;
• ensuring lawful use of the Service.

You must promptly notify us of any unauthorized access or security incident. We may enforce reasonable security measures (e.g. multi-factor authentication).

You agree not to use the Service to:

• violate applicable laws or regulations;
• process personal data without a valid legal basis or required consents;
• infringe intellectual property or confidentiality rights;
• upload malicious content or disrupt the Service or its infrastructure;
• attempt to gain unauthorized access to the Service or other customers’ data;
• resell or redistribute the Service without authorization.

You remain solely responsible for compliance with applicable laws.

The Service uses AI technologies (including a large-language-model provider engaged as sub-processor in a “no-training” mode) for tasks such as extracting maintenance data from technical documents, structuring tasks, and answering knowledge-base queries.

AI-generated outputs:

• are provided “as is”;
• may contain inaccuracies or omissions;
• must be reviewed and validated by a qualified user before any use or reliance.

ActON does not perform autonomous maintenance, operational, or safety decision-making. No guarantee is made regarding accuracy, completeness, or fitness for a particular purpose. The Service must not be used as the sole basis for safety-critical decisions.

You retain ownership of all content processed through the Service (“User Content”), including equipment data, maintenance records, documents, and tasks.

You grant Share IT Smart a limited license to process User Content solely to operate and support the Service.

For data protection purposes:

• you act as data controller;
• Share IT Smart acts as data processor;
• AI and infrastructure providers act as sub-processors, where applicable.

You confirm that all required consents and legal bases for processing personal data through the Service have been obtained.

Where the Service processes operational attendance or presence data, such data is used strictly for the purpose of routing and assigning maintenance tasks to available personnel.

This data is not intended for, and must not be used as, a basis for human-resources decisions, payroll, working-time compliance, or employee performance evaluation. The customer, as data controller, remains responsible for any further use of such data.

All intellectual property rights in the Service (excluding User Content) belong to Share IT Smart S.R.L. No rights are granted except as expressly stated in these Terms.

10.1 Fees and Plans

Paid access to the Service is offered through subscription plans priced per production line, with unlimited users, plus a Free Forever plan for limited evaluation use. Prices exclude applicable taxes unless stated otherwise.

Annual plans are billed as a single prepayment. Current plan details, limits, and any fair-use equipment caps are those presented at purchase and on the Service website.

10.2 Merchant of Record

Payments for Shared Cloud subscriptions are processed by Polar Software, Inc. (“Polar”), which acts as Merchant of Record and authorized reseller of the Service. When you purchase a paid plan, the contract of sale for that transaction is concluded with Polar; your right to use the Service is licensed to you by Share IT Smart under these Terms, which constitute the applicable Supplier Agreement. Polar is responsible for the sale transaction, payment processing, invoicing, and Sales Tax (including VAT/GST) calculation and remittance where applicable, and may use Stripe as its downstream payment infrastructure provider. Share IT Smart does not invoice Buyers directly. By completing a purchase, you agree to Polar’s applicable terms presented at checkout.

10.3 Refunds

Refunds are governed by the subscription terms presented at purchase, the ActON Refund Policy published on the Service website, Polar’s applicable policies, and mandatory applicable law. All refunds are processed exclusively by Polar as Merchant of Record. Polar may additionally grant refunds at its sole discretion in accordance with its own policies, regardless of this policy.

Except as explicitly stated in the Refund Policy, subscription fees are non-refundable once the paid Service is activated. Reductions in the number of production lines or equipment during a billing cycle do not entitle you to a pro-rated refund. For Dedicated Cloud and On-Premises deployments, the signed commercial agreement governs refunds. Nothing in these Terms limits rights that cannot be excluded under applicable law.

10.4 Automatic Renewal and Cancellation

Subscriptions renew automatically at the end of each billing period (monthly or annual) at the then-current price, and charges will recur until you cancel. You may cancel at any time through the customer portal provided by Polar; cancellation takes effect at the end of the current paid period, and you retain access to the Service until then. Renewal intervals, pricing, and the cancellation method are disclosed at purchase.

The Service is provided “as is” and “as available”, to the maximum extent permitted by law.

To the maximum extent permitted by law:

• Share IT Smart is not liable for indirect or consequential damages, including production loss, downtime, or loss of data;
• total liability shall not exceed the fees paid in the 12 months preceding the claim.

This does not limit liability for fraud or willful misconduct, gross negligence, breaches of mandatory data-protection obligations, or any liability that cannot be excluded by law.

You may terminate your account in accordance with your subscription terms. We may suspend or terminate access for material breach of these Terms or for legal, security, or compliance reasons. Termination does not entitle you to a refund of fees already paid.

These Terms are governed by the laws of Romania and applicable European Union law. The competent courts of Romania shall have jurisdiction.

We may update these Terms from time to time. Continued use of the Service constitutes acceptance of the updated Terms.

• Company: Share IT Smart S.R.L.
• Registered office: Arad, Arad County, Romania
• Email: office@share-it-smart.com
• Platform: acton-now.com