Canonical agreement

Data Processing Addendum

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# Data Processing Addendum

Effective 2026-08-10 · Version 2026-08-10

Between **ActGen** ("ActGen") and **the Customer identified by the accepting account and action receipt** ("Customer").

### Roles
Customer is the data controller and ActGen is the data processor for personal data processed to provide the Service. ActGen processes such data only on Customer's documented instructions.

### Security & Sub-processors
ActGen maintains technical and organizational measures appropriate to the risk, including per-tenant encryption of secrets. ActGen may use model and infrastructure sub-processors and remains responsible for their performance.

### Data Subject Requests & Deletion
ActGen assists Customer with data-subject requests and deletes or returns Customer data on termination, subject to legal retention requirements.
### Disclaimer of Warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ActGen does not warrant that AI-generated output is accurate, complete, or fit for any purpose; Customer is responsible for reviewing all output before relying on it.

### No Liability — Assumption of All Risk
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ACTGEN AND ITS OWNER, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND AFFILIATES SHALL HAVE NO LIABILITY WHATSOEVER, OF ANY KIND AND IN ANY AMOUNT, UNDER ANY THEORY OF LIABILITY, FOR ANY DAMAGE, LOSS, COST, CLAIM, OR HARM ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT OR THE SERVICE — INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, AND LOST PROFITS OR DATA — EVEN IF ADVISED OF THE POSSIBILITY. CUSTOMER USES THE SERVICE ENTIRELY AT ITS OWN RISK, AND ITS SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION IS TO STOP USING THE SERVICE. IF LIABILITY IS IMPOSED NOTWITHSTANDING THE FOREGOING, AGGREGATE LIABILITY FOR ALL CLAIMS COMBINED IS ZERO U.S. DOLLARS ($0) TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IF APPLICABLE LAW DOES NOT PERMIT A ZERO-DOLLAR LIMIT FOR A PARTICULAR CLAIM, LIABILITY FOR THAT CLAIM IS LIMITED TO THE MINIMUM AMOUNT, IF ANY, THAT APPLICABLE LAW REQUIRES, AND TO THE NARROWEST SCOPE PERMITTED. NOTHING IN THIS AGREEMENT EXCLUDES OR LIMITS LIABILITY THAT APPLICABLE LAW PROHIBITS EXCLUDING OR LIMITING.

### Indemnification
Customer will defend, indemnify, and hold harmless ActGen from any third-party claim arising from Customer's data, Customer's use of the Service, Customer's AI prompts or outputs, or Customer's violation of this Agreement or applicable law.

Read the transaction-agreement overview