Terms of Service

Version 1 — Effective April 13, 2026

These Terms of Service ("Terms") are a binding agreement between you ("you", "User") and act101, LLC, an Arizona limited liability company ("act101", "we", "us"), governing your use of the act command-line interface, the act MCP server, and any associated components distributed by act101 (collectively, the "Software").

By installing, running, or otherwise using the Software, you agree to these Terms. If you do not agree, do not install, run, or use the Software.

1. License Grant

Subject to these Terms and the tier you have activated, act101 grants you a non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Software on machines you own or control.

The Software is offered in multiple tiers (Free, Pro, Teams, Enterprise). Paid tiers require a valid license key issued by act101. The Free tier is made available without a license key, subject to the same Terms.

2. Restrictions

You shall not, and shall not permit any third party to:

• reverse engineer, decompile, disassemble, or attempt to derive the source of any paid component of the Software, except to the extent such restrictions are prohibited by applicable law;
• resell, redistribute, rent, lease, lend, or otherwise make the Software available to third parties as a hosted or managed service without a written agreement with act101;
• circumvent, disable, or otherwise interfere with the Software's license validation, tier enforcement, session accounting, or telemetry mechanisms;
• remove or alter any copyright, trademark, or other proprietary notices contained in the Software;
• use the Software to process, transform, or analyze content for which you lack the necessary rights, licenses, consents, or permissions.

3. AI-Assisted Output Disclaimer

The Software performs automated code transformations and analyses, some of which may be driven by or assist artificial-intelligence agents. You are solely responsible for reviewing, testing, and validating any output produced by or with the assistance of the Software before relying on it in any production, commercial, safety-critical, or regulated context. act101 makes no warranty that the Software's transformations preserve the semantics, security, performance, or correctness of your code.

4. License Validation and Telemetry

You acknowledge that the Software contacts act101-operated servers (and service providers acting on our behalf) to validate license keys, record seat usage, and enforce tier entitlements. Information transmitted for these purposes includes, but is not limited to: your license key, a machine fingerprint derived from stable hardware identifiers, the Software version, and timestamps.

The Software additionally collects aggregate operational statistics that remain local unless you opt in to submitting them.

In the ordinary course of operation, the Software does not transmit your source code, file contents, or project data to act101.

5. Data Handling

Source code and other data processed by the Software on your machine remain on your machine except as described in Section 4. You are responsible for ensuring that your use of the Software complies with all applicable laws, regulations, and third-party obligations regarding the data you process, including but not limited to confidentiality, export, and privacy requirements.

6. Warranty Disclaimer

THE SOFTWARE IS PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. act101 DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS, OR THAT ITS OUTPUT WILL MEET YOUR REQUIREMENTS.

7. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL act101 BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SOFTWARE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EVEN IF act101 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

act101'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE GREATER OF (a) THE AMOUNT YOU PAID act101 FOR THE SOFTWARE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR (b) ONE HUNDRED U.S. DOLLARS (US$100). FOR USERS OF THE FREE TIER WHO HAVE NOT PAID act101 ANY FEES, THIS CAP IS US$100.

8. Termination

These Terms remain in effect until terminated. Your rights under these Terms terminate automatically and without notice if you materially breach any provision, fail to pay fees owed for a paid tier, or if act101 ceases distribution of the Software. Either party may terminate a paid tier subscription at will in accordance with the then-current commercial terms for that tier.

Upon termination, you shall cease all use of the Software and destroy any copies in your possession or control, except that Free-tier use may continue subject to any revised Terms then in effect.

Sections 2, 3, 5, 6, 7, 11, and 12 survive termination.

9. Export Compliance

You represent and warrant that you are not located in, under the control of, or a national or resident of any country or party subject to United States trade embargoes or sanctions, and that you are not on any U.S. Government list of prohibited or restricted parties. You shall not use or export the Software in violation of United States or other applicable export-control laws.

10. Changes to These Terms

act101 may update these Terms from time to time. Material changes are indicated by a new version number printed on the first line of this document. Your continued use of the Software after a new version becomes effective constitutes your acceptance of the updated Terms. If you do not agree to the updated Terms, you must stop using the Software.

11. Governing Law and Venue

These Terms are governed by the laws of the State of Arizona and the federal laws of the United States of America applicable therein, without regard to conflict-of-laws principles. The exclusive venue for any dispute arising out of or related to these Terms shall be the state and federal courts located in Maricopa County, Arizona, and you consent to the personal jurisdiction of those courts.

12. Entire Agreement; Severability

These Terms, together with any written commercial agreement between you and act101 governing a paid tier, constitute the entire agreement between the parties regarding the Software and supersede any prior or contemporaneous understandings. If any provision of these Terms is held to be unenforceable, that provision shall be reformed only to the extent necessary to make it enforceable, and the remaining provisions shall remain in full force and effect.

13. Contact

Questions about these Terms may be sent to info@act101.ai.