System: Healthy
By accessing or using the Profitalize platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you may not access or use the Service. These Terms constitute a legally binding agreement between you ("Customer," "you," or "your") and Profitalize, Inc. ("Profitalize," "we," "us," or "our").
Profitalize provides an AI-powered business operating system that includes automation, analytics, CRM, governance, and integration capabilities ("Platform"). The Service is provided as a cloud-based software-as-a-service (SaaS) platform. We strive to maintain 99.9% uptime for Growth plans and 99.99% for Enterprise plans, as detailed in our Service Level Agreement. Scheduled maintenance windows are communicated at least 48 hours in advance via email and the status page.
You must provide accurate, complete, and current information when creating an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify Profitalize of any unauthorized use of your account or any other breach of security. Profitalize will not be liable for any loss arising from unauthorized use of your account. Multi-factor authentication (MFA) is available and recommended for all accounts. Enterprise plans support single sign-on (SSO) integration.
You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not: (a) use the Service to transmit any unlawful, harmful, or offensive content; (b) attempt to gain unauthorized access to any part of the Service or its related systems; (c) interfere with or disrupt the Service or servers or networks connected to the Service; (d) use the Service to send unsolicited commercial communications (spam); (e) use the Service in any manner that could damage, disable, or impair the Service; (f) reverse engineer, decompile, or disassemble any part of the Service; (g) use automated means to access the Service except through our published APIs; (h) resell or redistribute the Service without written authorization. You are responsible for ensuring that your use of the Service complies with all applicable laws and regulations, including data protection and privacy laws.
Paid plans are billed in advance on a monthly or annual basis. All fees are non-refundable except as expressly stated in these Terms or required by applicable law. We accept payment via credit card (Visa, Mastercard, American Express) processed securely through Stripe. Enterprise plans may pay via wire transfer or invoice with net-30 terms. Prices are subject to change with 30 days written notice. If you upgrade your plan, the price difference is prorated for the current billing period. If you downgrade, the new rate applies at the start of the next billing period. Overdue payments accrue interest at 1.5% per month or the maximum rate permitted by law, whichever is lower. We reserve the right to suspend access for accounts with payments overdue by more than 15 days.
You retain all rights, title, and interest in and to your data ("Customer Data"). Customer Data includes all data you upload, create, or generate through your use of the Service. You grant Profitalize a limited, non-exclusive license to process Customer Data solely for the purpose of providing and improving the Service. We do not sell Customer Data to third parties. We do not use Customer Data to train AI models. Aggregated, anonymized data that cannot be used to identify you or your customers may be used to improve the Service and create industry benchmarks. Upon termination, you may export your Customer Data within 30 days. After 30 days, Customer Data is permanently deleted from our systems in accordance with our data retention policy.
The Service, including its software, design, documentation, and all related intellectual property, is owned by Profitalize and protected by copyright, trademark, and other intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable license to access and use the Service during the subscription term. You may not copy, modify, distribute, or create derivative works based on the Service. Feedback, suggestions, or ideas you provide about the Service may be used by Profitalize without obligation or compensation to you. Custom automations, workflows, and configurations you create within the Service are your intellectual property.
Both parties agree to keep confidential any non-public information disclosed by the other party in connection with these Terms ("Confidential Information"). Confidential Information includes, but is not limited to, business plans, customer data, technical specifications, pricing information, and security procedures. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was known to the receiving party before disclosure; (c) is independently developed without use of Confidential Information; or (d) is rightfully received from a third party. Each party agrees to protect Confidential Information using at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care.
Profitalize warrants that: (a) the Service will perform materially in accordance with its documentation; (b) we will provide the Service with reasonable skill and care; (c) we will comply with all applicable laws in providing the Service. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components. We do not warrant that any specific business outcomes will result from use of the Service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. THE TOTAL AGGREGATE LIABILITY OF PROFITALIZE FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU TO PROFITALIZE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. These limitations apply regardless of whether Profitalize has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
You agree to indemnify, defend, and hold harmless Profitalize and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of a third party; or (d) your Customer Data. Profitalize agrees to indemnify and defend you from claims alleging that the Service infringes a third party is intellectual property rights, provided you promptly notify us, give us control of the defense, and cooperate with us.
You may terminate your account at any time through the account settings or by contacting support. Profitalize may terminate or suspend your account: (a) if you breach these Terms and fail to cure within 30 days of written notice; (b) if you fail to pay fees when due and fail to cure within 15 days of notice; (c) immediately if required by law or if your use poses a security risk. Upon termination: (i) your right to access the Service ceases immediately; (ii) you may export Customer Data within 30 days; (iii) after 30 days, Customer Data is permanently deleted; (iv) no refunds are provided for the remaining subscription period unless termination is due to our material breach.
Any dispute arising out of or relating to these Terms shall first be attempted to be resolved through good-faith negotiation between the parties for a period of 30 days. If negotiation fails, disputes shall be resolved through binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in English. The arbitrator is decision shall be final and binding. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles. To the extent that arbitration is not applicable, you agree to submit to the exclusive jurisdiction of the state and federal courts located in Delaware.
We may update these Terms from time to time. We will notify you of material changes by email and by posting a notice on the Service at least 30 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree to the updated Terms, you may terminate your account before the effective date.
For questions about these Terms of Service, please contact us at: [email protected]. For general support inquiries, visit our support center or contact [email protected]. Profitalize, Inc. — Delaware, United States.
Contact our team for clarification on any section of these Terms of Service.