Terms of Service
Profittable Terms of Service
GENERAL TERMS
1. AGREEMENT
As you’ve chosen to use the Services offered by Profittable, LLC and/or its subsidiaries and affiliates (referred to as "Profittable", "we", "our", or "us"), please carefully Review these Terms of Service (hereinafter, "Agreement") thoroughly. This Agreement is a legal agreement between you and Profittable. By clicking “I Agree,” indicating acceptance electronically, or by installing, accessing, or using the Services, you agree to be bound by the terms of this Agreement, otherwise, you may not use the Services of Profittable, LLC.
If you are an individual acting on your company’s or client’s behalf, you accept these provisions on their behalf and the term “you” will refer to you, your company (and its affiliates, subsidiaries, etc.), or your client and its affiliates, subsidiaries, etc.).
This Agreement describes the terms governing your use of Profittable’s Services. It includes by reference:
- Profittable's Privacy Statement
- Additional terms and conditions, which may include those from third parties.
- Any terms provided separately to you for the Services, including product or program terms, ordering, activation, payment terms, data processing agreements, etc.
You must be at least 18 years of age to use our Services. By accessing or using our Services you agree that:
- You can form a binding contract with Profittable, LLC;
- You are not a person who is prohibited from receiving the Services under the laws of the United States or any other applicable jurisdiction; and
- You will comply with this Agreement and all applicable local, state, national, and international laws, rules, and regulations, including import and export regulations.
2. USE OF THE SERVICES
2.1 The Services are protected by copyright, trade secret, and other intellectual property laws. Profittable reserves all other rights in the Services, you are only granted the right to use the Services and only for the purposes described by Profittable. For as long as you continue to meet your financial and payment obligations to Profittable and until the termination of this Agreement, Profittable grants to you a personal, limited, nonexclusive, nontransferable right and license to use the Services.
2.2 You agree not to use, nor permit any third party to use, the Services in a manner that violates any applicable law, regulation, or the terms of this Agreement. Further, you agree that:
- You will not make the Services available on any file-sharing or application hosting service;
- You will not modify, copy, reproduce, sell, rent, resell, trade, or lease the Services;
- You will not reverse engineer, disassemble, or decompile the Services; and
- You will not provide access to or give any part of the Services to any third party.
3. PAYMENT
Unless otherwise notified, for Services offered on a payment or subscription basis, the following terms apply. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:
a. Payments will be billed to you in U.S. dollars, or other currencies which may be made available (plus any and all applicable taxes, including without limitation any foreign taxes), as shown in the product ordering and subscription terms, and your account will be debited when you subscribe to the payment information you provide, unless stated otherwise in the program ordering or payment terms on the website for the Services.
b. In order to use Proffitable Services, you must make your payments via:
1. Stripe – use of Stripe, means that you will be subject to their legal terms, found here
c. Your payment and registration information must be accurate, current, and complete. It is your obligation to notify us promptly when such information changes, otherwise, we may immediately, and without notice, suspend or terminate your account and refuse any use of the Services.
d. If you fail to notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of the Services, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you authorize us to continue billing your account with the updated information that we obtain.
e. Unless the Services subscription is cancelled or terminated under this Agreement, Profittable will automatically renew your monthly, quarterly, or annual Services at the then-current rates.
f. Additional termination, cancellation, or renewal terms are contained herein and may also be provided to you on the website for the Services.
4. USE WITH YOUR MOBILE DEVICE
Use of these Services may be available through a compatible mobile device with Internet access and may require software. You understand and agree that you are solely responsible for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.
PROFITTABLE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED AS TO:
a. THE AVAILABILITY OF TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
b. ANY LOSS, DAMAGE OR SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
c. ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.
5. DATA PROCESSING AND PRIVACY
Data Processing and Privacy. (a) Profittable is the controller of the personal information it processes about you when you use the Services and (b) You acknowledge that Profittable will process your personal information as described in our Privacy Statement when you use our Services.
6. CONTENT AND USE OF THE SERVICES
6.1 Responsibility for Content and Use of the Services.
- Archive your Content consistently and frequently. You are responsible for any lost or unrecoverable Content. You must provide all required and appropriate warnings, information, and disclosures. Profittable is not responsible for any of your Content that you submit through the Services. Content includes any data, information, materials, text, graphics, images, music, software, audio, video, works of authorship of any kind, that are uploaded, transmitted, posted, generated, stored, or otherwise made available through the Services ("Content"), which will include without limitation any Content that account holders (including you) provide through your use of the Services. By making your Content available through your use of the Services, you grant Profittable a worldwide, royalty-free, non-exclusive license to host and use your Content.
- The accuracy of the data entered by User, including but not limited to rates, roles, hours, is the responsibility of the User. Profittable is not responsible for Estimates based on any data you input, including but not limited to data that is poor, insufficient, miscalculated, or corrupted.
- You agree not to use, nor permit any third party to use, the Services to upload, post, distribute, link to, publish, reproduce, engage in, promote, or transmit any of the following:
1. Illegal, fraudulent, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, harassing, offensive, inappropriate or objectionable information or communications of any kind, including without limitation conduct that is excessively violent, incites or threatens violence, encourages "flaming" others or criminal or civil liability under any local, state, federal or foreign law;
2. Content that would impersonate someone else or falsely represent your identity or qualifications, or that may constitute a breach of any individual’s privacy; is illegally unfair or deceptive, or creates a safety or health risk to an individual or to the public;
3. Any Content that you do not own or have the right to use without permission from the intellectual property rights’ owners thereof; or
4. Viruses, Trojan horses, worm or other disruptive or harmful software or data; or
5. commercial solicitations, marketing communications, spamming, or flooding.
6.2 Restricted Use of the Services. You will not, nor will you permit anyone else, including any users of the Services, to engage in, solicit, or promote any activity that is objectionable or is, or may be, illegal, violates the rights of others, is likely to cause notoriety, harm, or damage to the reputation of Profittable or could subject Profittable to liability to third parties, including but not limited to: (a) unauthorized access, monitoring, interference with, undermining, or use of the Services, their security or integrity, or third party accounts, data, computers, systems or networks; (b) interference with others’ use of the Services or any system or network, including mail bombing (electronic or otherwise), broadcast, or denial of service attacks; (c) unauthorized collection or use of personal or confidential information, including pharming, phishing, spidering, and/or harvesting; (d) viewing or other use of any Content that, in Profittable’s sole opinion, is prohibited under this Agreement; (e) any other activity that places Profittable in the position of fostering, or having potential or actual liability for, illegal activity in any jurisdiction; (f) attempting to probe, scan, penetrate or test the vulnerability or security of an Profittable system or network or to breach Profittable’s security or authentication measures, whether by passive, intrusive, or deliberate techniques; (g) introduce or upload anything to our services that includes viruses or other malicious code; (h) share anything that may be offensive, violates any law, or infringes on the rights of others; (i) modify, copy, adapt, reproduce, disassemble, decompile, reverse engineer or extract the source code of any part of our services; (j) resell, lease or provide our services in any way not expressly permitted through our services; (k) repackage, resell, or sublicense any leads or data accessed through our services; (l) commit fraud or other illegal acts through our services; or (m) act in a manner that is abusive or disrespectful to a Profittable employee, partner, or other Profittable user or customer.
6.3 Profittable reserves the right to not authorize and/or may immediately terminate your use of the Services based on reasonable suspicion of your activities, business, products, or services that are objectionable or promote, support, or engage in any illegal (or the appearance of such), or any of the restricted uses described above.
6.4 Community forums. The Services may include a community forum or other social features to exchange Content and information with other users of the Services and the public. Profittable does not support and is not responsible for the Content in these community forums. Please use respect when you interact with other users. Do not reveal information that you do not want to make public. Users may post hypertext links to content of third parties for which Profittable is not responsible.
6.5 Profittable may freely use feedback you provide. You agree that Profittable may use your feedback, suggestions, or ideas in any way, including in future modifications of the Services, other products or services, advertising, or marketing materials. You grant Profittable a perpetual, worldwide, fully transferable, sublicensable, non-revocable, fully paid-up, royalty free license to use the feedback you provide to Profittable in any way it chooses.
6.6 Profittable may monitor Content. Profittable may, but is not obligated to, monitor access to or use of the Services or Content or to review or edit any Content for the purpose of operating the Services, to ensure compliance with this Agreement, and to comply with applicable law or other legal requirements. We may disclose any information necessary to satisfy our legal obligations, protect Profittable or its customers, or operate the Services properly. Profittable, in its sole discretion, may remove, post, refuse to post or to remove, or disable any Content, in whole or in part, that is alleged to be, or that we consider to be unacceptable, undesirable, inappropriate, illegal, or in violation of this Agreement.
7. ADDITIONAL TERMS
7.1 Profittable does not give professional advice. Profittable is not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult a competent, specialized professional when you need these types of services, advice, or assistance.
7.2 We may tell you about other Profittable Services. You may be offered other services, products, or promotions by Profittable ("Profittable Services"). Additional terms and conditions and fees may apply. With some Profittable Services you may upload or enter data from your account(s) such as names, addresses and phone numbers, purchases, etc., to the Internet.
7.3 Communications. Profittable may be required by law to send you communications about the Services or third-party products. You agree that Profittable may send these communications to you via email or by posting them on our websites.
7.4 The Services may periodically be updated with tools, utilities, improvements, third party applications, or general updates to improve the Services. You agree to receive these updates.
7.5 Third Party Terms of Agreement: You must comply with any applicable third-party terms of agreement when using Profittable products or services.
7.6 You will manage your passwords and accept updates. You are responsible for securely managing your username and password(s) from theft of misuse for the Services and to contact Profittable if you become aware of any unauthorized access to your account. You are responsible for keeping your information (including a current email address and telephone number) up to date and for providing true, accurate and complete information and for verifying the accuracy of any information that you use from our services.
8. DISCLAIMER OF WARRANTIES
8.1 YOUR USE OF ANY THIRD-PARTY SERVICES, PRODUCTS, SOFTWARE, OR CONTENT AND YOUR USE OF OUR SERVICES, PRODUCTS, SOFTWARE, OR CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE SERVICES AND PRODUCTS ARE PROVIDED "AS IS." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PROFITTABLE, ITS AFFILIATES, AND ITS AND THEIR THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SERVICES ARE FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OF CONTENT IN OR LINKED TO THE SERVICES. PROFITTABLE AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SERVICES ARE SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER.
8.2 PROFITTABLE, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
8.3 Exclusion: Any non-excludable warranties, guarantees or other rights provided by law are not exclude, restricted or modified by these terms. Otherwise, we are obligated only by the express promises made in these terms. Our liability for breach of a non-excludable right is limited, in our sole determination, to either replacing or paying the cost of replacing the relevant service (unless otherwise required by law).
9. LIMITATION OF LIABILITY AND INDEMNITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE TO INDEMINIFY AND HOLD HARMLESS PROFITTABLE AND ITS AFFLIATES AND SUPPLIERS FROM ANY AND ALL CLAIMS, INCLUDING ANY THIRD-PARTY CLAIMS OR PRODUCTS, LIABILITY AND EXPENES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF YOUR USE OF THE SERVICES OR BREACH OF THIS AGREEMENT (COLLECTIVELY REFERRED TO AS "CLAIMS"). SUBJECT TO APPLICABLE LAW, PROFITTABLE, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, OR SPYWARE; (C) LOSS OF BUSINESS, REVENUE, PROFITS, OR INVESTMENT, OR LOSS OF ANITICAPTED SAVINGS, LOSS OF CUSTOMERS, LOSS OF GOODWILL OR DAMAGE TO REPUTATION, ACCOUNTING, TAX, OR LEGAL COMPLIANCE ISSUES, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET PROFITTABLE SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF PROFITTABLE AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES
Further, we are not liable for claims for any failure or delay in performance of any of our obligations under these terms arising out of any event or circumstance beyond our reasonable control.
THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF PROFITTABLE, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE SERVICES AND ITS USE. For loss or corruption data, liability will be limited to taking reasonable steps to recover that data from available backups, if any. Under any and all circumstances, total aggregate liability is limited to the total amount paid for the subscription in the twelve (12) months immediately preceding the date on which the claim giving rise to the liability arose. Profittable reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Profittable in the defense of any Claims.
10. CHANGES.
Profittable reserves the right to modify this Agreement, in its sole discretion, at any time, and the modifications will be effective when posted through the Services, on our website for the Services, or when we notify you by any other means. We may also, at our sole discretion, change or discontinue the Services, in whole or in part. When you’re notified of modifications to this Agreement, it is important to review it, since your continued use of the Services indicates your agreement to any and all modifications.
11. TERMINATION.
11.1 Subscription: Your subscription period begins at the time your fee is paid or payable. At the end of each billing period, your subscription will automatically continue for a further period of the same duration as the previous one, provided you continue to pay the subscription fee in accordance with your pricing plan. You may choose to terminate your subscription at any time by providing one month’s written notice in advance. You’ll still need to pay all relevant subscription fees up to and including the day of termination. To cancel your subscription, click here.
- Profittable may, in its sole discretion and without notice, restrict, deny, terminate this Agreement, or suspend the Services, including related or other Services, effective immediately, in whole or in part, if we determine that your use of the Services violates the Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Services or systems and comply with applicable Profittable policy, if you no longer agree to receive electronic communications, or if your use of the Services conflicts with Profittable’s interests or those of another user of the Services. If you fail or refuse to timely pay your subscription fees, you will have fourteen (14) days to remedy this breach after receiving notice; failure to remedy through full payment of outstanding fees within fourteen (14) days will result in immediate termination. In addition, you or your business become insolvent, your business goes into liquidation or has a receiver or manager appointed over any of its assets, you become insolvent or make any arrangement with your creditors or become subject to any similar insolvency event in any jurisdiction.
Upon Profittable notice that your use of the Services has been terminated you must immediately stop using the Services and any outstanding payments will become due. Any termination of this Agreement shall not affect Profittable’s rights to any payments due to it. Profittable may terminate a free account at any time.
Sections 2.2, 3 through 15 will survive and remain in effect even if the Agreement is terminated.
11.2 No refunds: No refund will be issued regardless of which Party terminates under these terms.
11.3 Retention of your data: Once a subscription is terminated by you or us, it is archived and the data submitted or created by you is no longer available to you. We retain it for a period of time consistent with our data retention policy, during which, as a subscriber, you can reactivate your subscription and once again access your data by paying the subscription fees. You can let us know if you want your data permanently deleted.
12. EXPORT AND TRADE RESTRICTIONS.
You acknowledge that the Services, including the mobile web experience, and the underlying software may include U.S. technical data subject to restrictions under export control laws and regulations administered by the United States government. You agree that you and your personnel who use the Services are not prohibited from receiving the Services under the laws of the United States or any other applicable jurisdiction. For example, you are not on the U.S. Treasury Department’s list of Specially Designated Nationals or are subject to any other similar prohibition. You will not export or re-export any part of the Services, in violation of these laws and regulations, directly or indirectly.
13. GOVERNING LAW AND JURISDICTION.
This Agreement will be governed by the laws of California, without regard to its conflicts of law principles. Notwithstanding the foregoing, you acknowledge that your breach (or an apprehension of breach) of any provisions of this Agreement, or any infringement (or apprehension of infringement) of Profittable’s or its Suppliers’ intellectual property rights may cause Profittable irreparable damage for which recovery of money damages would be inadequate. Accordingly, you agree that Profittable shall be entitled, in addition to any other remedies available to it, to seek (in any court of competent jurisdiction, notwithstanding the previous sentence) any relief (whether equitable or otherwise) to prevent or restrain any such breach or apprehended breach by you or otherwise to protect Profittable’s rights under this Agreement. You hereby submit to the exclusive jurisdiction of the courts of California, and you agree that you or any third party making a claim through you against Profittable arising out of this Agreement shall bring such claim exclusively in California courts and subject to the limitations and exclusions of liabilities provided for in this Agreement.
Profittable does not represent that the Services and/or content within the Services is appropriate or available for use in all jurisdictions or countries. Profittable prohibits accessing content from within countries or states where such content is illegal. You are responsible for compliance with all applicable laws pertaining to your use and access to the Services in your jurisdiction.
14. LANGUAGE.
Any potential translation of this Agreement is done for local requirements and in the event of a dispute between the English and any non-English version, the English version of this Agreement shall govern. In the event of a dispute the parties confirm that they have requested that this Agreement and all related documents be drafted in English.
15. GENERAL.
This Agreement, including the Additional Terms below, constitutes the entire Agreement between you and Profittable regarding its subject matter and replaces all prior understandings, communications, and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Nothing in these terms is to be construed as constituting a partnership, joint venture, employment or agency relationship between you and us, or between you and any other subscriber or invited user. You’re solely responsible for resolving disputes between you and any other subscriber or invited user. You may not assign or transfer this Agreement to anyone without written approval of Profittable. However, Profittable may assign or transfer this Agreement without your consent to (a) an affiliate, (b) a company through a sale of assets by Profittable or (c) a successor by merger. Any assignment in violation of this Section shall be void. If you want to request a transfer of this Agreement, contact Profittable via an email to legal@profittable.com.
June 2023
ADDITIONAL TERMS AND CONDITIONS FOR THE SERVICES
Your use of the Services provided by Profittable (as defined in the “General Terms” above) and described below are subject to the General Terms and these Additional Terms and Conditions (“Additional Terms”). These Additional Terms will prevail over any conflict or inconsistency with the General Terms.
1. SERVICES. When you procure or use a Profittable product or service, you establish a direct relationship with the Profittable brand, including each product and service in the Profittable family and the entities offering those services.
The Additional Terms include provisions applicable to your use of Profittable generally, as well as additional provisions for your use of specific products and services.
The Agreement governs your use of each of the following “Services,” as applicable:
Profittable. Profittable (“PROFITTABLE ”) is a SaaS B2B online application providing tools for project resource management and project budget management & optimization. We provide an online solution for businesses to manage team resources, create project timelines, develop accurate cost and timeline estimates, and manage project gross margin through an online account (each a “PROFITTABLE Account”). A PROFITTABLE Account may only be used to support one business.
1.1. Modification to Services. We have the right, in our sole discretion, to revise, update, or otherwise modify the Services or alter your access to the Services; and for material changes, to the extent reasonably possible, we will provide you with reasonable notice either posted on the website hosting the Services or to the Administrator’s (as defined below) email address. Note that we may modify the amount of storage space you have through the Services and the number of times (and the maximum duration for which) you may access the Services in a given period of time. In the event we need to maintain the security of the system or comply with any laws or regulations, we reserve the right to modify the Services immediately, and to provide the Administrator with notice within thirty (30) days after any material modifications. You may reject any changes to the Services by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement to such changes.
2. SUBSCRIPTIONS AND USERS.
When you initially register for and create an account for a Service, you are, or a party that you authorize is, the “Administrator.” Only Administrators may designate another individual as a replacement administrator and is responsible for the New Administrator’s access to the Services. Once an Administrator closes or terminates access to a Service, there will be no access to such Services or any Content (defined in the General Terms) within the Service. If you are an Administrator, you agree to provide sufficient prior notice to those on whose behalf you access the Services, if any, of your intent to terminate the services or access to the Services. Any violation of the Agreement by you or an Administrator whom you designate may result in the termination of an Administrator’s access to the Services. You warrant that you have obtained all necessary authorizations from those on whose behalf you access the Services to: (i) act as their agent in using the Services on their behalf and you accept all liability arising from their use of the Services; and (ii) allow Profittable to provide the Services.
3. TRIAL VERSION AND BETA FEATURES
If you registered for a trial use of the Service ("Trial Period"), you must decide to purchase a license to the Service, at the current rate, within the Trial Period in order to retain any Content that you have entered through the Services, created within the data file, posted or uploaded during the Trial Period. If you do not purchase a license to the Services by the end of the Trial Period, your Content will no longer be available to you.
PLEASE NOTE: after using the Services during the trial period, if you decide not to purchase the license to the full version of the Services, you will not be able to access or retrieve any of the data you added or created with the Services during the trial.
From time to time, Profittable may, at its sole discretion, include new and/or updated beta features (“Beta Features”) in the Services for your use and which permit you to provide feedback (fees may apply). You understand and agree that your use of the Beta Features is voluntary and Profittable is not obligated to provide you with any Beta Features. You understand that once you use the Beta Features, you may be unable to revert back to the earlier non-beta version of the same or similar feature. Additionally, if such reversion is possible, you may not be able to return or restore data created within the Beta Feature back to the earlier non-beta version. The Beta Features are provided on an “as is” basis and may contain errors or inaccuracies that could cause failures, corruption or loss of data and/or information from any connected device. You acknowledge and agree that all use of the Beta Features is at your sole risk.
4. PERMITTED DISCLOSURES AND USE OF DATA. You acknowledge and agree that in order to provide you with access to and use of the Services, Profittable may provide your access information and account data to (i) your employee or agent who is identified in the registration data as the current System Administrator for your account (the “Current Administrator”), and (ii) such other employee or agent who may be designated by you as a replacement Administrator for the your account by following the procedures required by Profittable to effectuate such replacement. Any other person You identified as an authorized user of the Services will have access to the account data subject to the access permissions you or the system administrator assigned to them.
5. PERSONAL INFORMATION.
5.1 The terms "Controller," "Processor," "data subject," "personal data (also referred to as Personal Information in the Agreement)" and "processing" (and "process") shall have the meanings given in the Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the Processing of Personal Data and on the free movement of such data (General Data Protection Regulation).
5.2. For users accessing the Services from the European Economic Area (“EEA”), we are a Controller of the Personal Information you provide through the Services.
5.3 Personal Information. You represent and warrant to us that:
5.3.1 You will provide appropriate notice and have obtained (or will obtain) all consents and rights necessary for us to Process the Personal Information in accordance with this Agreement and our Privacy Statement;
5.3.2 If you are providing Personal Information to us that is not personal to you, you agree that you have either provided the data subject notice or received permission from the data subject and have the appropriate legal basis, as required by applicable law, for us to: (a) use, and/or disclose the personal information in accordance with our Privacy Statement, (b) move the data outside of the country of residence of such owner of the personal data, if applicable, pursuant to our Privacy Statement, (c) provide the Personal Information to Third Party Products that you approve, and (d) otherwise use and disclose the personal information in accordance with this Agreement; and
5.3.3 If there is any discrepancy between this Agreement and the Profittable Privacy Statement with respect the collection, use, and/or disclosure of the personal information, the Privacy Statement will control. You further acknowledge and agree that Profittable may provide data in your account to any Additional Users to whom that data is applicable or personal.
5.4 Public Content.
As a User you may have the opportunity to share your data, Content, or ways in which you aggregate data (“Account Content”) with other Users, other Profittable customers, and other third parties. When sharing any Account Content, you understand that you have made such content public, as such, you agree not to share any confidential information. If you have the option of accessing another User’s Account Content, you understand and agree that the Account Content is being provided by the User, and not Profittable, for information and guidance purposes only, and Profittable and such User are not responsible in any way for your use the Account Content.
5.5 Telephone numbers.
You may provide us with your telephone number as part of your customer record or registration or via other methods. You understand and agree that Profittable may use your telephone number for "multi-factor authentication” (“MFA"), to confirm your identity and help protect the security of your account. Part of the MFA identity verification process may involve Profittable sending text messages containing security codes to your telephone number. You agree to receive these texts from Profittable containing security codes as part of the MFA process. In addition, you agree that Profittable may send automated text messages and pre-recorded voice messages to the telephone number you provide for other limited purposes, including providing you with important critical notices regarding your use of the Services, or fulfilling a request made by you through the Services. Additionally, Profittable may use your telephone number to contact you about special offers or other Profittable or third-party products or services unless you opt out of such marketing. With MFA, you also agree and consent to us obtaining and using information from your mobile phone service provider, solely for the purposes of verifying your identity and to compare information you have provided to Profittable (such information may include from your mobile phone service provider account record: your name, address, email, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other mobile phone subscriber details).
6. ONLINE DATA TRANSFER (NOT APPLICABLE TO VERSIONS THAT DO NOT INCLUDE ACCESS TO THE ONLINE DATA TRANSFER FEATURE).
You may have the option for Profittable to transfer your data files from the Services in order to facilitate certain interoperability, data integration, and data access between the Services and certain supported ancillary services (the “Ancillary Services”) you may sign up for and use in connection with the Services (the “Online Data Transfer”). In order for you to select the Online Data Transfer option, you must (i) have registered select versions of the Services, (ii) have Internet access, (iii) have an active subscription to the Services; and (iv) and may need to be an active subscriber to the Ancillary Services. If you select the Online Data Transfer option, a copy of all or part of your company data files will be transferred via the Internet to Profittable’s servers; where you grant Profittable the right and license to (i) host and maintain your data, (ii) use and transfer your data to the Ancillary Services and (iii) reformat and manipulate your data as reasonably necessary for the data to function with the Ancillary Services. Your original data files will remain in the Services. If you sign up for any Ancillary Services that support Online Data Transfer, you will have the option to request that Profittable send your data to any of those supported Ancillary Services. If a supported Ancillary Service is provided by a third party, you authorize Profittable to transfer your data to and from the third-party provider to enable provision of the Ancillary Services to you. Profittable will support and maintain the data transfer service as part of the Service. You agree that the third-party provider may transfer your data from the Ancillary Service to Profittable, and that, Profittable may use such data subject to the terms of this Agreement. You agree and acknowledge that Profittable has no control over any third-party provider or any third-party Ancillary Services. Your use of the Ancillary Service is subject to additional third-party terms and conditions. Please carefully review their terms and conditions, including privacy policy. If you do not agree with their terms and policies, you should not use or access the third-party Ancillary Service and you should not authorize the Online Data Transfer to the third-party Ancillary Service.
7. SERVICE USE, STORAGE AND ACCESS. Profittable shall have the right, in its sole discretion and with reasonable notice posted on an Profittable website and/or sent to you at the Current Administrator’s email address provided in the Registration Data, to revise, update, or otherwise modify the Services and establish or change limits concerning use of the Service, temporarily or permanently, including but not limited to (i) the amount of storage space you have on the Services at any time, and (ii) the number of times (and the maximum duration for which) you may access the Services in a given period of time. Profittable reserves the right to make any such changes effective immediately to maintain the security of the system or User Access Information or to comply with any laws or regulations, and to provide you with notice within thirty (30) days after such change. You may reject changes by discontinuing use of the Services to which such changes relate. Your continued use of the Services will constitute your acceptance of and agreement to such changes. Profittable may, from time to time, perform maintenance upon the Services resulting in interrupted service, delays or errors in the Services. Profittable will attempt to provide prior notice of scheduled maintenance but cannot guarantee that such notice will be provided.
8. CANCELLATION. Upon cancellation you will be able to access the Services only through the end of the subscription term. After the subscription term ends, you will not have any access to the Services. There are no refunds upon cancellation. To cancel, please click here.
9. SOCIAL MEDIA SITES. Profittable may provide experiences on social media platforms including but not limited to Facebook®, Twitter® and LinkedIn® that enable online sharing and collaboration among anyone who has registered to use them. Any content you post, such as pictures, information, opinions, or any Personal Information that you make available to other participants on these social platforms, is subject to the Terms of Use and Privacy Policies of those platforms. Please refer to those social media platforms to better understand your rights and obligations regarding such content.
10. THIRD PARTY PRODUCTS AND SERVICES. Profittable may tell you about third-party products or services, including via the Service. Profittable may offer products and services on behalf of Third Parties who are not affiliated with Profittable (“Third-Party Products”) and/or provide access or links to Third Party websites ("Third-Party Sites"). If you decide to use any Third-Party Products or access any Third-Party Sites, you are solely responsible for your selection, review of separate product terms, website terms and privacy policies. Profittable is not affiliated with these Third-Party Products or Third-Party Sites and does not endorse or recommend Third Party Products even if such products are marketed or distributed via our products, website or associated with Profittable in any way. You agree that the third parties, and not Profittable, are solely responsible for the Third-Party Product’s performance (including technical support), the content on their websites and their use or disclosure of your data. Profittable will not be liable for any damages, claims or liabilities arising from the third parties, Third Party Products or Third-Party Sites.
You agree that you will (i) comply with all applicable laws, regulation, and ordinances; (ii) not use the Third-Party Products in any manner that would infringe or violate the rights of Profittable or any other party; and (iii) not use the Third-Party Products in any way in furtherance of criminal, fraudulent or other unlawful activity.
11. Legal Compliance: You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government sanction, embargo, or that has been designated by the U.S. Government as a terrorist-supporting country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. Breaching this term, or where we reasonably believe necessary because there is a legal or regulatory risk, or a risk of loss being suffered by us or our customers or partners. or are mandated by law to do so, means we will block your access, terminate your subscription, or refuse to process a payment associated with you, your company, your subscription, or a past or present payment. We may also block users from a country if we are unable receive payments from that country, therefore, please ensure appropriate payment methods are available in your country for making your subscription payments. We may take any of these actions without notice.
12. Dispute Resolution: Most issues can be resolved quickly by contacting our support team. If you remain unsatisfied, you agree to resolve your dispute through binding arbitration or small claims court instead of in courts of general jurisdiction. You agree that any dispute must be brought in the parties’ individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
13. Contact:
Profittable, LLC
10000 Washington Blvd.
Culver City, CA 90232.
14. Third Party Terms of Agreement: You must comply with any applicable third-party terms of agreement when using Profittable products or services.
15. Notices: Any notice you send to Profittable must be sent to support@profittable.com Any notices we send to you will be sent to the email address you’ve provided to Profittable in your subscription.
16. Enforcement of terms: If any terms or portion(s) of this Agreement are deemed unenforceable, it will not affect the enforceability of all other terms.
17. Interpretation: Words such as “include” and “including” are not words of limitation. Further, terms within our discretion mean, in our sole discretion.
