Terms and Conditions

Effective date:

September 5, 2026

Last updated:

September 5, 2026

1. Agreement

These terms govern use of the www.actmesoftware.com website, the Actme Evidence Retention software ("the Software"), and the text message notifications described in §4. By using any of them you agree to them. If you are agreeing on behalf of an agency, you confirm you are authorized to do so.

Where an agency has signed a separate written agreement with Actme Software, LLC ("Actme"), that agreement governs and these terms fill any gap it leaves.

2. What the Software is

Actme Evidence Retention is software for retrieving, exporting and retaining video evidence from a video management system. It is installed and operated on the customer agency's own servers. Actme does not host it, does not operate it, and has no standing access to it.

The agency is responsible for its own infrastructure, its own backups, its own network security, its own user accounts, and its own compliance obligations — including CJIS where it applies.

3. Licensing

The Software is licensed, not sold.

• A license is a cryptographically signed token issued by Actme and bound to a single installation identifier. It cannot be transferred to another installation.
• Licenses are sold for a term — days, months or years — and state the date through which they are valid, inclusive.
• After expiry there is a grace period of thirty days during which the Software continues to function and warns that the license has lapsed.
• After the grace period, new exports stop. Work already queued or running finishes normally, sign-in continues to work, and existing records remain readable and exportable through the interface. An expired license is a commercial matter and we do not turn it into lost evidence.
• Reverse engineering, decompiling, or attempting to forge or alter a license token is prohibited and terminates the license.

4. Text message notifications

This section is the SMS program disclosure.

4.1 What the program is

Actme Evidence Retention can send operational alerts to agency staff — notifications that a video export has completed or failed, or that a system condition needs attention. These are transactional service messages. They are not marketing, and no marketing message will ever be sent through this program.

4.2 How you opt in

You opt in yourself, by entering your own mobile number into your profile inside your agency's installation and enabling SMS notification. It is off by default and nobody can enable it on your behalf.

Consent is not a condition of purchase of any product or service, and not a condition of your employment or of using the Software. Every notification is also available on screen.

4.3 How you opt out

Reply STOP to any message to stop all of them. You will receive one confirmation and then nothing further. Reply START or UNSTOP to resume.

You can also turn SMS notification off in your profile at any time.

4.4 Help

Reply HELP to any message for a reply telling you what this program is and how to contact us.

For anything further, email support@actmesoftware.com or use our support portal at https://actmesoftware.zendesk.com. Support is handled by email and through the portal; we do not operate a telephone support line, and there is no number to call.

Your own agency's system administrator can also turn these notifications off for you.

4.5 Frequency, cost and delivery

• Message frequency varies and depends on your own activity — typically one message per export job you have subscribed to. There is no scheduled or recurring send.
• Message and data rates may apply. Your mobile carrier's charges are between you and your carrier.
• Carriers are not liable for delayed or undelivered messages. Delivery depends on your carrier, your handset and your coverage, none of which we control. Do not rely on a text message as the sole notice of anything time-critical — the application itself is always the authoritative record.
• Supported on major US carriers. Availability on any given carrier may change without notice.

4.6 What the messages contain

Deliberately very little: that something happened, and an instruction to sign in. No case numbers, subject names, camera names, locations, incident times, or other evidence detail. Text messaging has no confidentiality guarantee, so we treat it as a prompt and never as a record.

4.7 Privacy

Mobile numbers are held in your agency's own database. We do not sell, rent, trade, or share mobile numbers or SMS consent with third parties or affiliates for marketing or promotional purposes. See the Privacy Policy.

5. Acceptable use

You will not:

• use the Software or the website unlawfully, or to store or transmit anything unlawful;
• attempt to gain access to any system, account or data you are not authorized to reach;
• circumvent, disable or interfere with security, licensing or audit features;
• share credentials, or allow anyone to use an account issued to somebody else;
• use the SMS program to send anything other than the operational alerts it exists for.

6. Support

Support is provided as described in your agency's agreement or purchase terms.

Support may require access to your systems. Where you send us logs, screenshots or extracts, or grant a remote session, we handle what we see under §3.3 of the Privacy Policy. You remain responsible for deciding what to share and for applying any screening or supervision your own compliance regime requires.

7. Warranty disclaimer

The Software is provided "as is". To the fullest extent permitted by law, Actme disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.

We do not warrant that the Software will be uninterrupted or error-free, that every export will succeed, or that a notification will always arrive. Video export depends on your video management system, your storage, your network and your archivers, and failures in any of those are outside our control.

You remain responsible for verifying that evidence you rely on has actually been exported and is readable. Do not treat a status on a screen as a substitute for checking the file.

8. Limitation of liability

8.1 Excluded damages. To the fullest extent permitted by applicable law, Actme shall not be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any lost profits, lost revenue, lost business, lost data, or loss, corruption, destruction or unavailability of evidence, however caused, regardless of the theory of liability, and whether or not Actme has been advised of the possibility of such damages.

8.2 Maximum liability. The total liability of Actme to the customer arising out of or in connection with these Terms, whether in contract, tort (including negligence), or otherwise, shall not exceed the total fees paid by the customer to Actme under these Terms during the twelve (12) months immediately preceding the date the claim arose.

8.3 Exceptions to the limitation. The monetary limitation set forth in §8.2 shall not apply to:

1. damages resulting from fraud, gross negligence, or willful misconduct by either party;
2. breach of the privacy or confidentiality obligations under these Terms; or
3. claims arising from the infringement or misappropriation of intellectual property rights.

For the avoidance of doubt, the exclusions of damages in §8.1 continue to apply to the matters listed in this §8.3, save to the extent that any such exclusion is unenforceable under applicable law.

8.4 One limit, not one per claim. Subject to §8.3, the existence of more than one claim, or of claims by more than one person or entity arising from the same or related facts, shall not enlarge the limit set out in §8.2.

8.5 Where no fees have been paid. Subject to §8.3, if no fees were paid to Actme under these Terms during that twelve (12) month period, Actme's total liability shall not exceed one hundred United States dollars ($100.00).

8.6 Savings. Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited.

9. Governing law

These terms are governed by the laws of the State of South Carolina, without regard to conflict of law rules. The state and federal courts located in York County, South Carolina have exclusive jurisdiction, and each party consents to that venue.

10. Changes

We may update these terms and will post the revision here with a new date. Continued use after a change means you accept it. Material changes to the SMS program in §4 will be notified to recipients before they take effect.

11. Contact