Dated: October 12, 2025
Actually Finance, Inc., a Delaware corporation (“our”, “us”, “we”, and “Actually Finance, Inc.”) offers proprietary services and certain content that we may provide through any of our websites (any of which and all together, the “Service”) that is designed to enable you (personally and, if applicable, on behalf of the entity for whom you are using the Service; collectively, “you” or “Customer”) to manage and track client work.
PLEASE NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH THE BANTER. YOU MAY OPT OUT OF THE ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Customer’s Acceptance of this Agreement
Actually Finance, Inc. is committed to providing an accessible experience for all users. If you encounter accessibility barriers in our Services, please contact us at help@actuallyfi.com so we can assist you.
Before we can permit use of the Service, it is important to us that we have a common understanding concerning the terms and conditions that govern such use. This document and the documents that we incorporate by making reference to them here, like our Privacy Policy, GDPR Addendum, California Privacy Notice, Security Policy, and the pricing and terms set forth on the Fee Schedule. These documents outline your rights regarding how your data is collected, used, and shared, including how you may request access to, correction of, or deletion of your personal data (collectively, the “Agreement”), together set forth and establish our common understanding about your use of the Service. When you create an account or use the Service, you agree to be bound by this Agreement. Please read this Agreement carefully and save it. If you would like us to send you a copy for your records, you can request that by sending us an email at support@actuallyfi.com. If you do not agree with it, you should not use the Service.
Representations About Customer
You represent and warrant to us that you have the power and authority to enter into this Agreement on behalf of you and any third party that you are representing or otherwise acting on behalf of. Also, you represent and warrant that the information that you provide to us will be current, true, accurate, supportable, and complete.
Authorized Users
Customer may allow Customer’s employees, independent contractors, and staff (collectively, “Authorized Users”) to use the Service on behalf of Customer. As a condition to such use, Customer shall cause and Authorized Users shall abide by the terms set forth herein. Customer and Authorized Users shall immediately notify us in the event that Customer or an Authorized User becomes aware of any violation of the terms of this Agreement. Customer shall be liable for any breach of the Agreement by any Authorized User. Customer and all Authorized Users will protect the confidentiality of all account information, including usernames and passwords, and will not share such information with any person.
Fee Schedule
Your account is automatically billed in advance when you subscribe to use our proprietary service and again on each monthly or yearly (depending on the subscription term you choose) of the date you initially subscribed.
Refunds
New customers on annual subscription plans are entitled to a full refund during the 30-day guarantee period, defined as the first 30 days of the original paid subscription term. Monthly subscription charges will not be refunded upon cancellation.
Customers on annual plans who do not provide notice of their intent to cancel prior to their subscription renewal date will be offered a grace period of 10 business days to cancel their subscription. Account cancellation requests received during this grace period will result in a full refund less a 3% transaction fee. Cancellation requests received after the 10 business day grace period will result in cancellation of the account effective at the end of the current subscription period. A refund will not be provided in these circumstances.
Account Changes
You may change the plan tier of your current subscription at any point during your subscription term. Charges will be prorated for the current and new plan for the current term. Credits will be applied to your account and will be automatically applied to future invoices. Downgrades, subscriptions changed to a lesser priced plan, after the 10 business day grace period will not result in a refund of charges.
If you cancel your subscription, you will not be billed again and you may continue to use the Service for the remainder of your then-current subscription term.
Payment Terms
We accept Visa, MasterCard, Discover, and American Express. Upon failure of a monthly credit card charge, we will make up to three additional attempts to run the charge within 3 weeks of your original billing date.
Dispute Resolution and Arbitration; Class Action Waiver
us. Effectively, then, “Dispute” is given the broadest meaning enforceable by law and includes any claims against other parties relating to services or products provided or billed to you (such as our licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.
This Dispute Resolution Provision provides that all disputes between you and us shall be resolved by binding arbitration because acceptance of this Agreement constitutes a waiver of your right to litigation claims and all opportunity to be heard by a judge or jury. To be clear, there is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees). You may, however, opt-out of this Dispute Resolution Provision by following the procedure described below, which means you would have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). ACTUALLY FINANCE, INC. AND YOU AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve the Dispute which is first done by emailing us at the following information: (1) your name, (2) your address, (3) a written description of your claim, and (4) a description of the specific relief you seek. If we do not resolve the Dispute within 45 days after receiving your notification, than you may pursue your Dispute in arbitration. You may pursue your dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or we may choose to pursue a Dispute in court and not by arbitration if: (a) the dispute qualifies for initiation in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt-out of this Dispute Resolution Provision by emailing us at support@actuallyfi.com the following information: (1) your name; (2) your address; (3) a clear statement that you do not wish to resolve disputes with us through arbitration. Either way, we will not take any decision you make personally. In fact, your decision to opt-out of this Dispute Resolution Provision will have no adverse effect on your relationship with us. But, we do have to enforce the Opt-Out Deadline so keep in mind that any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your dispute in arbitration or small claims court, as applicable.
Arbitration Procedures
If this Dispute Resolution Provision applies (i.e., you did not opt out of this Dispute Resolution Provision) and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or we may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all disputes, and the arbitration will be conducted before a single arbitrator selected by us. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Dispute Resolution Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are availableat www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are availableat www.jamsadr.com or by calling 1-800-352-5267. This Dispute Resolution Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Service and this Agreement concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or we may initiate arbitration in either Philadelphia, Pennsylvania (TO UPDATE) or the federal judicial district that includes your billing address. In the event that you select the latter, we may transfer the arbitration to Philadelphia, Pennsylvania (TO UPDATE) so long as we agree to pay any additional fees or costs which the arbitrator determines you incur as a result of the transfer.
Payment of Arbitration Fees and Costs – So long as you place a request in writing prior to commencement of the arbitration, we will pay all arbitration fees and associated costs and expenses. But, you will still be responsible for all additional fees and costs that you incur in the arbitration which include but are not limited to attorneys’ fees or expert witnesses. In addition to any fees and costs recoverable under applicable law, if you provide notice and negotiate in good faith with us as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Force Majeure
Neither party shall be in default for failing to perform any obligation hereunder, under than the payment of monies, if such failure is caused by supervening conditions beyond the parties’ respective control, including without limitation, acts of God, illegal acts of third parties, civil commotion, strikes, terrorism, failure of third party networking equipment, failure of the public Internet, power outages, labor disputes, or governmental demands.
Miscellaneous
The laws of the State of Pennsylvania, excluding its conflicts of law rules, govern this Agreement and Customer’s use of the Service. Use of the Service may also be subject to other local, state, national, or international laws. This Agreement constitutes the entire agreement between us regarding use of or access to the Service. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement operates to the fullest extent permissible by law. We may freely transfer or assign this Agreement and any of our rights or obligations hereunder. Customer may not transfer or assign this Agreement or any of its rights or obligations hereunder without our prior written consent, and any attempt to do so shall be null and void. Customer acknowledges that Intuit is a third party beneficiary under this Agreement with rights to enforce the terms of this Agreement. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. The proprietary rights, disclaimer of warranties, representations made by Customer, indemnities, limitations of liability, dispute resolution and arbitration, class action waiver, and miscellaneous provisions shall survive any termination of this Agreement.
Changes
Actually Finance, Inc. may periodically update these Terms. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your primary account holder Service account or by placing a prominent notice on our site.