Terms of Service

These Terms of Service (“Terms”) are an agreement between you and Adapter Labs LLC, a Texas limited liability company doing business as Tactive (“Adapter Labs”, “we”, “us” or “our”). They cover tactive.io, the Tactive app and the automation services we provide (together, the “Service”). If you use the Service for a company, you agree to these Terms on its behalf, and “you” means that company.

By booking a call, signing up or using the Service, you agree to these Terms and to our Privacy Policy. If you don’t agree, don’t use the Service.

1. The Service

Tactive is an automation team on a subscription that runs for a set Term, usually at least one year, and is billed monthly (see sections 5 and 6). We:

• Build automations in your own Zapier or n8n account, with one account per subscription
• Watch their runs, alert you when something fails, fix what breaks, and resend failed runs where the platform allows
• Keep written docs and backups of what we build
• Send a monthly report, and hold a monthly planning call

What’s included and what it costs are agreed with you before you start, in a proposal, order form or invoice (an “Order”). If an Order and these Terms disagree, the Order wins.

We work through your requests in the order you choose, and fixes come before new work. We aim to reply within 1 business day. Before we start a bigger request, we’ll tell you how long it should take.

2. Your account

• You must be at least 18, and allowed to agree to these Terms for your company.
• Give us accurate information, and keep it up to date.
• Keep your sign-in secure. You’re responsible for what happens in your organization’s account, including what your teammates do.
• If you think someone else has gotten into your account, tell us right away at legal@tactive.io.

3. Access to your tools

To do the work, we need access to your automation platform and to the apps it connects to.

• You can invite our team account or share a login with us. Either way, you confirm that you’re allowed to give us that access under those services’ terms.
• We use your access only to provide the Service, and we keep saved logins encrypted.
• You can remove our access at any time. Without it we can’t watch or fix your automations, and you won’t hold us responsible for that.
• You pay for your own Zapier, n8n and other app subscriptions. Our price covers the team.
• Those services are run by other companies, under their own terms. We’re not responsible for their outages, prices, changes or how they handle your data. When one of them changes in a way that breaks an automation we built, fixing it is part of the Service.

4. Your data

• Your data stays yours, including the data that flows through your automations. You let us access and use it only to provide and support the Service.
• You’re responsible for your data, including your right to collect and use it. You’re also responsible for making sure your automations follow the law. That includes privacy laws, and the laws on texts, calls and emails, such as the Telephone Consumer Protection Act and the CAN-SPAM Act.
• We may use aggregated, de-identified information, such as how often runs fail, to improve the Service. It never identifies you or your customers.
• Our Privacy Policy explains how we handle personal information.

5. Fees and payment

• You’ll pay the fees in your Order. Unless the Order says otherwise, we bill monthly in advance.
• Our fees don’t include taxes. You’ll pay any sales, use or similar taxes on them, but not taxes on our income.
• If a payment is more than 15 days late, we may pause the Service until it’s paid. We’ll tell you before we do.
• We may change our prices. We’ll give you at least 30 days’ notice, and a new price starts with your first billing period after the notice ends.

6. Term and cancelling

• Your Order sets how long the Service runs (the “Term”), usually at least one year. Your Order also says what happens when the Term ends.
• You can’t pause the Service, or cancel it before the end of the Term. To cancel at the end of the Term, tell us before it ends. Fees you’ve already paid aren’t refunded, except where the law requires it.
• When your cancellation takes effect, everything we built stays in your account, and we’ll give you our notes and backups. Then we’ll remove our access and delete your saved logins.

7. Who owns what

• Yours: your data, and the automations, docs and backups we make for you (the “Deliverables”). Once you’ve paid for them, they’re yours to keep, change and use however you like, even after you cancel.
• Ours: the Tactive app, our website, and the tools, templates, know-how and methods we use with all our customers. If any of these end up in your Deliverables, you get a permanent, free license to use them as part of the Deliverables.
• Feedback: if you send us ideas or suggestions, we may use them without owing you anything.

8. Confidentiality

Each of us will keep the other’s non-public business information confidential. We’ll use it only for this agreement, and protect it with at least reasonable care. This doesn’t cover information that’s public, that the receiving party already knew or developed on its own, or that it got from someone else who was free to share it. Either of us may share confidential information when the law requires it, after telling the other first if the law allows.

9. Acceptable use

Don’t use the Service, or ask us, to:

• Break the law, or anyone’s rights, including their privacy and intellectual property rights
• Send spam, or texts, calls or emails without the consent the law requires
• Collect data you aren’t allowed to, or get around another service’s terms or limits
• Send malware, or try to break into or disrupt the Service or anyone else’s systems
• Copy, reverse engineer or resell the Tactive app, or give anyone outside your organization access to it

We may turn down a request that would break these rules.

10. Our promise and disclaimers

We’ll do the work professionally, with reasonable skill and care. If we don’t, tell us within 30 days and we’ll redo it. If we can’t, we’ll refund your fees for the billing period in which we did that work. That’s your only remedy for work that falls short of this promise.

Automations depend on other companies’ services, which can change or fail without warning. Apart from the promise above, the Service is provided “as is” and “as available”. To the extent the law allows, we disclaim all other warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement. We don’t promise that the Service or any automation will be uninterrupted or error-free, or that no data will ever be lost.

11. Limitation of liability

To the extent the law allows:

• Neither of us is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if warned they were possible.
• Each party’s total liability under these Terms is limited to the fees you paid us in the 12 months before the event that caused the claim.

These limits don’t apply to your obligation to pay fees, to your obligations under section 12, or to liability for fraud, gross negligence or willful misconduct.

12. Indemnity

You’ll defend Adapter Labs, and pay any resulting damages and reasonable costs, if a third party brings a claim arising from your data, from your use of the Service in breach of these Terms or the law, or from an automation that breaks the law because you asked for it, such as messages sent without consent. We’ll tell you promptly about the claim, let you control the defense and help you with it at your cost.

13. Suspension and termination

• If you seriously break these Terms and don’t fix it within 10 days of our notice, we may suspend or end the Service. We may suspend it right away if we need to prevent harm or comply with the law.
• We may also end the Service for any reason with 30 days’ notice. If we do, we’ll refund any fees you’ve prepaid for time after it ends.
• The sections on data, payment owed, ownership, confidentiality, disclaimers, liability, indemnity, disputes and these general terms still apply after the Service ends.

14. Changes to these Terms

We may update these Terms. We’ll change the date at the top, and if a change is significant, we’ll email customers at least 30 days before it takes effect. If you don’t accept a significant change, tell us before it takes effect. The Terms you agreed to will keep applying to you until the end of your current Term, and then the Service ends. Otherwise, the new Terms apply to you once they take effect.

15. Governing law and disputes

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law rules. Before going to court, we’ll each try to resolve a dispute informally: email legal@tactive.io, and allow 30 days to work it out. Any lawsuit must be brought in the state courts of Travis County, Texas, or the United States District Court for the Western District of Texas, and we both consent to their jurisdiction.

16. General

• Entire agreement: these Terms, your Order and our Privacy Policy are the whole agreement between us about the Service.
• Assignment: you can’t transfer this agreement without our written consent. We may transfer it as part of a merger, acquisition or sale of assets.
• Events outside our control: neither of us is responsible for delays or failures caused by events beyond our reasonable control. These include outages at Zapier, n8n or other providers.
• Relationship: we’re independent contractors. This agreement doesn’t create a partnership, joint venture or employment relationship.
• Severability and waiver: if part of these Terms can’t be enforced, the rest still applies. If we don’t enforce a right at first, we haven’t given it up.
• Notices: we’ll send notices to the email address on your account. Send yours to legal@tactive.io. You agree that agreements, notices and signatures can be electronic.

17. Contact us

Adapter Labs LLC, doing business as Tactive
legal@tactive.io