These Purchase Terms govern the Order Form for Actual Operations  Services (the “Services”), which brings automation and recommendations to retail and hospitality operators in the Actual Application (the “Application”). The Order Form and the Purchase Terms form part of, and are subject to, the Atlas Terms of Service between Atlas Restaurant Management Systems Inc., doing business as “Actual” (“Atlas,” “Actual,” “we,” “us,” or “our”), and the Customer, available at www.onactual.com/terms-of-service (the “Agreement”). If there is any conflict between the Order Form and the Agreement or the Purchase Terms, the terms in the Order Form will prevail only to the extent necessary to resolve the conflict.


  1. Description of Services: The Features of the Actual Operations Services (the “Services”) include: 

    1. Reporting Automation: Automated report generation from the source of data connections available form the Client. These data sources may include reports on sales, cost of labor, cost of goods sold, operations costs, as well as other relevant data reports.

    2. Sales Forecasting Automation: The Actual Application brings together data from sales, scheduling and reservation systems to generate a forecast for an upcoming day or shift.

    3. Recommendations: The Actual Application will provide recommendations for adjustments of sales, labor, cogs and purchasing targets based on historical and comparable data of Customer

    4. Monthly Planner: Actual offers a monthly planning flow where users can set up targets for a variety of critical key performance indicators.

  2. Term and Termination

    1. This Agreement shall commence on the Effective Date specified in the applicable Order Form and shall remain in effect for the duration of the term set forth therein, unless earlier terminated in accordance with the terms of this Agreement.

    2. Actual Termination for Convenience.  Actual may terminate this Agreement at any time by providing 30 days’ advance written notice to Customer.

    3. Customer Cancellation Rights. Customers may cancel their subscription to the Actual Services at any time by giving at least 30 days’ written notice to Actual (the “Notice Period”). The subscription will stay active during this time, and the cancellation will take effect on the 31st day after the notice is given (the “Termination Date”). Customers are responsible for any fees during the Notice Period, but no additional charges will apply after the Termination Date.

    4. Termination for Cause.  Either Party may, in addition to other relief, terminate this Agreement if the other Party commits a material breach of this Agreement and fails within 5 calendar days after receipt of notice of such breach to correct such material breach.

  3. Fees 

    1. Recurring Fees. Monthly Subscription Fees as listed on the Order Form.  Change to Fees.  Actual reserves the right to change the Fees and institute new charges at any time during the Term upon providing not less than 30 days prior notice to the Customer. 

    2. Payment Failures. If a payment is declined or returned for any reason, Actual may suspend access to the Services until payment is successfully received. The Customer will be responsible for any bank charges, administrative fees, or penalties incurred as a result of failed payments.

    3. Disputed Invoices or Charges. If the Customer believes Actual has charged or invoiced the Customer incorrectly, the Customer must contact Actual no later than 30 days after having been charged by Actual or receiving such invoice in which the error appeared in order to request an adjustment.  In the event of a dispute, the Customer will pay any undisputed amounts and the Parties will work in good faith to resolve the dispute. 

  4. Taxes.  The Fees do not include applicable sales, use, gross receipts, value-added, personal property or other taxes.  The Customer will be responsible for and pay all applicable taxes, duties, tariffs, assessments, export and import fees or similar charges, including any applicable interest and penalties payable in connection with the transactions contemplated by this Agreement, other than taxes based on the net income or profits of Actual.