Terms of Use

Atlas Restaurant Management Systems Inc., doing business as Actual (“Actual,” “we,” “us,” or “our”), operates the Actual Platform. These Terms of Use (“Terms”) govern your access to and use of the Actual Platform as an employee, contractor, administrator, or other individual authorized by one of our customers (our “Customer”) (each, a “Permitted User”).

You, as the Permitted User, by accessing and using the Actual Platform, agree to these Terms. If you do not agree, please do not access or use the Actual Platform. We may update these Terms from time to time. Continued access or use after the effective date of any update means you accept the revised Terms.

1. Actual Services
   1. What Actual does. Actual provides software that enables its Customers to access tip management, payroll, and other operational services (the “Actual Services”) made available through the Actual Platform.
   2. Actual is not your employer. Nothing in these Terms creates any employment, contractor, agency, or other engagement relationship between you and Actual. Any entitlement you may have to tips, wages, expense reimbursements, contractor payments, or other compensation is solely between you and your employer or other paying entity, our Customer.
2. Your Actual account
   1. Setup. Your Actual account on the Actual Platform is created by our Customer when they add you to the Actual Platform. You will receive an invitation to complete your setup, which may include providing information for identity verification purposes and, if applicable, your banking information for payment disbursements (your “User Account”).
   2. Identity verification. Based on the region and Applicable Laws, you will be required to share your legal name, email, and mailing address. We reserve the right to request additional verification at onboarding or at any time during your use of the Actual Platform as required by Applicable Laws, including Anti-Money Laundering (AML) Laws.You authorize Actual and its service providers to verify this information against third-party databases.
   3. Consent to Collection and Storage of Payment Information. By providing your banking information through the Actual Platform, you expressly consent to Actual collecting, storing, and using that information solely for the purpose of processing tip disbursements, payroll distributions, and other payment features made available to you through the Actual Platform. Your payment information is shared with Actual’s payment service provider solely to initiate transfers to your account. You may update or remove your banking information at any time through your account settings. Removal of your banking information may affect Actual’s and its payment service provider’s ability to process disbursements to you.
   4. Your responsibility. You are responsible for maintaining the confidentiality of your login credentials and for ensuring that your banking, payment, and contact information remains accurate and current. You are responsible for all activity conducted through your account. Actual is not responsible for any failed or delayed disbursements resulting from inaccurate or outdated information you have provided. If you suspect that your account has been compromised, you must notify us immediately at support@onactual.com.
3. Using the Actual Platform
   1. Licence. Subject to these Terms, Actual grants you a personal, non-exclusive, non-transferable, revocable licence to access and use the Actual Platform for the purpose of receiving and managing tip disbursements, payroll distributions, and other features made available to you by our Customer through the Actual Platform.
   2. Personal use only. Your licence is for your personal use only. You may not use the Actual Platform on behalf of anyone else or allow anyone else to use your account.
   3. Platform availability. We strive to make the Actual Platform available at all times but do not guarantee uninterrupted access. The Actual Platform may be unavailable during scheduled maintenance or due to events outside our control.
   4. Minor employees. If you are under the age of majority in your province, territory, or state, the Customer is responsible for ensuring your use of the Actual Platform complies with applicable laws, including any requirement to obtain parental or guardian consent for the collection and processing of your personal information.
4. Product-Specific Features

   The following terms apply only where the Customer has enabled the relevant Service. If the Customer has not enabled a Service, the terms relating to that Service do not apply to you.

   1. If the Customer has enabled Actual Tip Management Services, the Actual Platform may be used to provide division and distribution services (the “Services”). In connection with the Services, Actual may: (i) maintain your account information by storing your banking information; and (ii) initiate electronic funds transfers through its payment service provider for disbursements to your designated bank account. Additional terms and disclosures relating to tip division and tip distribution may be presented to you within the Actual Platform based on your region, user profile, role, and permissions, including, where applicable, as a tip recipient, tip committee member, administrator, or owner. Your access to or use of any such feature is subject to your review and affirmative acceptance of the additional terms and disclosures presented to you.
      1. Disbursement processing timelines. Disbursement via EFT/ACH typically arrive within 2 Business Days for most banks. In some cases with small institutions or union banks, this may be up to 4 Business Days. Interac e-Transfers typically arrive within hours, on the same day.
      2. Failed disbursements. It is your responsibility to ensure that the correct banking information is provided. If a disbursement fails due to incorrect or outdated information provided by you, you may update your payment details in your account. Actual will provide best efforts to ensure that the funds are sent to you. However, if the fund were already sent to an incorrect account designated by you, Actual is not responsible for lost funds. You may contact Actual at support@onactual.com if you believe a payment has been lost or unreasonably delayed.
      3. Unclaimed Interac e-Transfers (Canada Only). Interac e-Transfers that are not claimed within 30 days will expire and funds will be returned to the Customer.
      4. Currency. All disbursements are made in the currency set out in your agreement or as otherwise determined by your employer, our Customer.
      5. Fees Paid by You. Where applicable, you may be responsible for all or a portion of the fees associated with disbursements. Any such fees will be displayed to you in your account settings and/or communicated to you by the Customer, and/or Tip Committee. Fees may be adjusted annually in line with changes to the Consumer Price Index, or as otherwise agreed between the Customer and Actual.
   2. If the Customer has enabled Actual Payroll, If the Customer has enabled Actual Payroll, the Actual Platform may be used to process payroll. Actual, through its payment service provider, may disburse payments to you by EFT direct deposit in accordance with the pay schedule established by the Customer. Your pay amount, deductions, and pay schedule are determined solely by the Customer.
      1. Pay statements. Where enabled by the Customer, you may access pay statements through the Actual Platform. For questions about your pay calculations, deductions, or entitlements, contact your the Customer (your employer) directly.
      2. Currency. All pay disbursements are made in the currency set out in your agreement with the Customer, or as otherwise determined by the Customer.
   3. If the Customer has enabled Actual Operations:
      1. Where the Customer has enabled Actual Operations, you may access reports, sales forecasts, scheduling data, and operational dashboards relevant to your role through the Actual Platform. The information displayed is generated from data provided by the Customer. Actual does not determine what data you can see or how targets and recommendations are set.
   4. Taxes. You are solely responsible for determining and fulfilling any personal tax obligations arising from amounts you receive through the Actual Platform. Actual does not provide tax advice and does not undertake tax reporting on your behalf. You should consult a qualified tax advisor if you have questions about your tax obligations.
5. Your Personal Information
   1. Privacy Policy. Our Privacy Policy governs how we collect, use, and protect your personal information and is incorporated into these Terms.This includes sharing your information with our payment service providers as necessary to provide the Services.
   2. Your rights. You may access, correct, or request deletion of your personal information (subject to legal retention obligations) by contacting legal@onactual.com.
6. Prohibited Conduct
   1. You must not use the Actual Platform:
      1. for money laundering, fraud, terrorist financing, or any other illegal financial activity, or otherwise violate any applicable anti-money laundering, privacy, or employment laws.
      2. to provide false, inaccurate, or misleading information, including false bank account or identity details.
      3. to attempt to receive payments or access features you are not entitled to.
      4. to gain unauthorized access to any other user’s account or any part of the Actual Platform.
      5. to interfere with or disrupt the Actual Platform, servers, or connected networks.
      6. to reverse engineer, decompile, or attempt to extract the Actual Platform’s source code.
      7. to collect, harvest, or extract information about other Users, the Customer, or Actual through automated means or otherwise for purposes not authorized by these Terms
   
   

   We reserve the right to investigate suspected violations and take appropriate action, including suspending or terminating access and reporting to law enforcement.

7. Suspension and Termination
   1. By the Customer. The Customer, or your Tip Committee where applicable, controls your access to the Actual Platform. If they offboard you, your access will be deactivated. Any disbursements already initiated will still be processed to completion.
   2. By Actual. We may suspend or terminate your access immediately if: you violate these Terms; we are required to do so by law or regulatory direction; we reasonably suspect fraud or illegal activity; or continued access poses a security or compliance risk.
   3. Effect. On termination, your licence ends and your access is deactivated. Any disbursements already initiated will be processed to completion.
8. Warranty Disclaimer and Limitation of Liability
   1. 'As is' basis. The Actual Platform is provided on an 'as is' and 'as available' basis, without warranty of any kind. Actual disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by applicable law.
   2. No indirect damages. To the maximum extent permitted by applicable law, Actual will not be liable to you for any indirect, incidental, consequential, special, exemplary, or punitive damages; loss of profits, revenue, data, or goodwill; or business interruption, even if advised of the possibility of such damages.
   3. Liability cap. Actual's total aggregate liability to you arising out of or related to these Terms or your use of the Actual Platform, whether in contract, tort, or otherwise, will not exceed the greater of (i) CAD $100 or (ii) the total Fees you have paid to Actual (not to your employer/the Customer) in the 12 months preceding the event giving rise to the claim.
   4. Carveouts. Sections 8.1–8.3 do not apply to liability that cannot be excluded or limited by applicable law, or to Actual's fraud or wilful misconduct.
9. Governing Law, Disputes and Complaints
   1. Governing law. These Terms are governed by the laws of Ontario and the federal laws of Canada applicable therein. Any dispute arising from or related to these Terms will be brought exclusively in the courts of Ontario sitting in Toronto, and you irrevocably attorn to that jurisdiction.
   2. Talk to us first. If you have a complaint about the Actual Platform or any payment or disbursement processed through it, contact us at support@onactual.com with your name, the nature of your complaint, and any relevant transaction details. We will acknowledge your complaint within 5 Business Days and work to resolve it within 30 Business Days.
   3. If you are not satisfied with our response.
      

      Canada: If you are not satisfied with our final response, please let us know and we will investigate further. At this time, there is no external regulatory body in Canada that specifically handles individual complaints about payment service providers.

      United States: If you are not satisfied with our final response, you may raise your complaint with your state regulator as appropriate.

   1. Employment complaints. If your complaint relates to your employment entitlements, please contact your province’s, territory’s or state's employment standards authority. Actual is not the appropriate contact for employment rights complaints.