PROFITIC TERMS OF USE
Last Updated: 09/27/25
Welcome to Profitic (“Profitic,” “we,” “our,” or “us”). These Terms of Use (the “Terms”) are a binding legal contract between you and Profitic. Please read them carefully before accessing or using our proprietary platform, websites, documentation, or any related services (collectively, the “Services”).
1. ACCEPTANCE OF TERMS
1.1 Binding Agreement
By (a) clicking on an acceptance button or checkbox, (b) executing an order form or document referencing these Terms, (c) creating an account in the Profitic platform, (d) paying for the Services, or (e) otherwise accessing or using the Services, you agree to be bound by these Terms. If you do not agree, you must not access or use the Services.
1.2 Entity-Level Acceptance
If you are using the Services on behalf of a company or entity, “you” or “Customer” means that entity, and you represent that you have the authority to bind it to these Terms. If you lack such authority, you must not use the Services on its behalf.
1.3 Business Use
You acknowledge and agree that you are using the Services for business or organizational purposes, not as a consumer.
2. OVERVIEW; STRUCTURE
2.1 Profitic Platform
Profitic provides a cloud-based platform (the “Platform”) designed to a SaaS platform that helps companies prioritize which ideas they should focus on based on highest strategic impact for internal business use by Customers and their authorized Users.
2.2 Orders
Commercial terms (e.g., subscription fees, term lengths) may be set forth in one or more ordering documents (each, an “Order”), which reference these Terms. If there is a conflict between an Order and these Terms, the Order will control.
2.3 Users
A “User” is any individual who uses the Services.
- A “Site Visitor” is someone who visits publicly accessible web pages (e.g., marketing or informational pages).
- A “Customer” is an entity that has purchased (or otherwise obtained) the right to use the Platform.
- A “Covered User” is an individual authorized by Customer to access the Platform under Customer’s account.
2.4 Responsibility for Users
Customer is responsible for its Covered Users’ compliance with these Terms and any applicable Order. Any act or omission by Covered Users is deemed an act or omission by Customer.
2.5 Additional Policies
Your use of the Services is subject to our Privacy Policy, any Data Processing Addendum (“DPA”), and other guidelines or policies referenced herein, all of which are incorporated by reference.
3. ELIGIBILITY
3.1 Age Requirement
Each User must be at least 18 years old (or the age of majority in their jurisdiction) to use the Services. By using the Services, you represent and warrant that you meet this requirement.
3.2 No Previous Suspension
You may not use the Services if you have previously been suspended or removed.
3.3 Compliance with Law
You must comply with all applicable laws and regulations in your use of the Services. Profitic may refuse service to anyone, at any time, without liability, if we believe such use may violate the law or create liability.
4. ACCOUNT REGISTRATION AND SECURITY
4.1 Account Creation
Certain features require registering an account. When you create an account, you agree to provide accurate, up-to-date information and promptly update any changes. You may be required to set a password or utilize a single sign-on or other authentication method.
4.2 Access Credentials
You are responsible for all activities under your account. You must not share credentials between individuals. If you suspect unauthorized access, notify Profitic promptly at privacy@profitic.io.
4.3 Covered Users
If you are a Customer, you will ensure each Covered User keeps login credentials confidential and uses the Platform in compliance with these Terms.
5. FEES AND PAYMENT
5.1 Subscription Fees
Use of certain Services may require a paid subscription (“Subscription”). The fees (“Fees”) and payment terms are listed in the Order. All Fees are non-cancelable and non-refundable, unless otherwise stated in these Terms or the Order.
5.2 Invoicing and Payment
If the Order specifies invoicing, payment is due 30 days from the invoice date (unless stated otherwise). Late payments may incur interest at 1.5% per month or the maximum lawful rate.
5.3 Taxes
All Fees are exclusive of Taxes. Customer is responsible for all Taxes (except those on Profitic’s net income). If Profitic is required to collect Taxes, we will invoice you, and you agree to pay those amounts.
5.4 Suspension for Non-Payment
Profitic may suspend or terminate your access to the Services for undisputed overdue Fees if payment is not received within 30 days of notice to Customer.
5.5 Fee Changes
We may change Fees for any renewal term by giving at least 30 days’ notice prior to the renewal date, unless otherwise specified in the Order.
6. SUBSCRIPTIONS; TERMS; RENEWALS
6.1 Subscription Term
Each Subscription begins on the start date specified in your Order (“Initial Term”) and automatically renews for additional periods of the same length (each a “Renewal Term”) unless either party provides written notice of non-renewal at least 30 days before the end of the then-current term.
6.2 Cancellation by Customer
You may cancel a Subscription by following the instructions in the Platform or emailing support@profitic.io. Your cancellation takes effect at the end of the current term. No refunds of prepaid amounts will be provided unless expressly stated.
6.3 Termination for Breach
Either party may terminate these Terms (and any related Orders) upon 30 days’ written notice of a material breach if the breach remains uncured at the end of that period. If you terminate due to Profitic’s uncured breach, Profitic will refund any prepaid Fees for the unused portion of the Subscription Term.
6.4 Effect of Termination
Upon termination, Customer and its Covered Users must immediately stop using the Services. Profitic may delete or destroy Customer Data in its systems 30 days after termination unless required by law or otherwise stated in an Order.
6.5 Survival
Provisions related to payments, confidentiality, intellectual property, warranties, disclaimers, indemnification, limitation of liability, and any other clauses that should survive termination, will continue in effect.
7. FREE TRIALS AND BETA FEATURES
7.1 Free Trials
Profitic may offer Free Trials for a limited period. Free Trials are provided “as is,” with no warranties or indemnities. Profitic may end a Free Trial at any time.
7.2 Beta Features
Profitic may label new or experimental features as Beta. Beta Features are provided “as is,” with no commitment to release them in a final form. Profitic may terminate Beta Features at any time without liability.
7.3 Disclaimer
NO REFUNDS, SUPPORT, OR INDEMNIFICATION OBLIGATIONS APPLY TO FREE TRIALS OR BETA FEATURES UNLESS OTHERWISE REQUIRED BY LAW.
8. LICENSE GRANT; PROPRIETARY RIGHTS
8.1 License to Use the Platform
Subject to these Terms and the applicable Order, Profitic grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for your internal business purposes during the Subscription Term.
8.2 Documentation
Profitic may provide user guides, technical manuals, or FAQs (“Documentation”). You may copy and use the Documentation solely for internal purposes in connection with your authorized use of the Platform.
8.3 Profitic Intellectual Property
All rights in and to the Services, including software, designs, logos, and other materials, are owned by Profitic or its licensors. No rights are granted except as expressly stated. We reserve all rights not expressly granted.
8.4 Feedback
Any ideas, suggestions, or comments you provide (“Feedback”) may be used by Profitic without restriction or compensation to you. You irrevocably assign all rights in Feedback to Profitic.
9. CUSTOMER DATA; CONTENT
9.1 Customer Data
“Customer Data” means data, information, or content submitted by you or your Covered Users to the Platform. You retain all rights to Customer Data, except as set forth in these Terms.
9.2 License to Customer Data
You grant Profitic a worldwide, non-exclusive license to access, process, store, copy, transmit, and display Customer Data solely as necessary to provide and improve the Services, and fulfill our obligations under these Terms.
9.3 Data Processing Addendum (DPA)
If you provide personal data from the European Economic Area or other jurisdictions with specific requirements, the Profitic DPA governs our processing of such data and is incorporated by reference. You agree to comply with all relevant data protection laws.
9.4 Restrictions on Certain Data
Unless explicitly permitted in writing, you will not upload or process highly sensitive information (e.g., credit card numbers, social security numbers, health data) in the Platform. Profitic disclaims liability for unauthorized storage of such data.
9.5 Aggregated Data
Profitic may derive anonymous, aggregate information from Customer Data and usage. Profitic owns such Aggregated Data and may use it for any lawful purpose (e.g., analytics, service improvements), provided it does not identify you or any individual.
9.6 Backups
Customer is solely responsible for maintaining backup copies of Customer Data. Profitic is not liable for lost or irrecoverable data unless explicitly stated in an Order.
10. ACCEPTABLE USE RESTRICTIONS
You agree not to (and not to allow your Covered Users to):
- Use the Services for any unlawful purpose or in violation of any law;
- Infringe a third party’s intellectual property rights or other rights;
- Upload viruses, malware, or harmful code;
- Interfere with or disrupt the Services or Profitic’s networks;
- Reverse engineer or decompile the Platform (except where required by law);
- Circumvent security measures or usage limits;
- Use the Services for competitive analysis or to build a competing product;
- Resell, sublicense, or otherwise transfer the Services outside your organization without our prior written consent.
Profitic may investigate any suspected breach and suspend or terminate access if a violation is confirmed.
11. THIRD-PARTY SERVICES; LINKED SITES
11.1 Third-Party Integrations
The Services may integrate with third-party applications or platforms. Your use of third-party services is subject to their terms. Profitic is not responsible for third-party services, and such integration does not imply endorsement.
11.2 Linked Websites
Links to external websites are provided for convenience. Profitic does not endorse or assume responsibility for any external site’s content or availability.
11.3 Third-Party Software
The Services may contain or be provided with open-source or third-party components. Your use of such components is subject to the applicable license terms. Nothing in these Terms alters such rights or obligations.
12. COMMUNITY
12.1 Community Forums
Profitic may host community forums or blogs (“Community”). By posting content (“User Content”) there, you grant Profitic a perpetual, irrevocable, non-exclusive, royalty-free license to use, copy, modify, and display that content in connection with the Community’s operation and promotion.
12.2 No Confidentiality
Publicly posted User Content is not confidential. You should refrain from sharing sensitive, private, or proprietary information in public forums.
12.3 Removal of Content
Profitic may remove or alter any User Content it deems unlawful, infringing, harassing, or otherwise objectionable without notice or liability.
13. MODIFICATION OF TERMS
Profitic may revise these Terms from time to time. We will notify you (e.g., via the Platform or email) of material changes. Continued use after those changes take effect signifies acceptance. If you do not agree, you must stop using the Services and, if applicable, cancel your Subscription.
14. TERM AND TERMINATION
14.1 Term
These Terms become effective when you first accept them and continue until terminated as provided herein.
14.2 Termination by Profitic
Profitic may immediately suspend or terminate your access if (a) you materially breach these Terms and fail to cure within 30 days, (b) you fail to pay undisputed Fees, (c) we determine your use may cause legal liability, or (d) we suspect fraudulent or unlawful conduct.
14.3 Effect of Termination
Upon any termination or expiration, your right to use the Services ceases. Sections regarding payment, intellectual property, confidentiality, disclaimers, indemnification, and liability will survive.
14.4 No Reliance on Future Functionality
You agree that any statements regarding potential future offerings or upgrades are not binding and that Profitic has no obligation to develop or provide any future functionality.
15. INDEMNIFICATION
15.1 Customer Indemnity
You will defend, indemnify, and hold harmless Profitic (and its officers, employees, and agents) from claims, damages, or costs (including reasonable attorneys’ fees) arising from (a) Customer Data (including alleged infringement or violation of third-party rights), (b) your or your Covered Users’ breach of these Terms, or (c) your violation of law.
15.2 Profitic Indemnity
Profitic will defend and indemnify you against a third-party claim alleging that the Platform, as provided by Profitic, infringes or misappropriates U.S. intellectual property rights. Profitic may (i) procure the right for you to continue using the Services, (ii) modify the Services to be non-infringing, or (iii) terminate the Order and provide a pro rata refund. This indemnity excludes claims arising from (1) modifications not made by Profitic, (2) use with items not supplied by Profitic, or (3) misuse of the Services.
15.3 Indemnification Procedures
The indemnified party must promptly notify the indemnifying party, allow sole control of defense and settlement (subject to the indemnified party’s consent if settlement includes an admission of liability), and reasonably cooperate in the defense.
15.4 Exclusive Remedy
This Section states each party’s sole and exclusive liability, and the other’s sole remedy, for third-party intellectual property claims.
16. DISCLAIMERS
16.1 As Is; As Available
EXCEPT AS EXPRESSLY STATED, THE SERVICES AND RELATED CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH NO WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
16.2 No Guarantee
PROFITIC DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. PROFITIC MAKES NO GUARANTEE ABOUT ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION.
16.3 No High Risk Use
The Services are not intended for use in high-risk environments (e.g., nuclear facilities, life support) where failure could lead to death or serious injury. Profitic disclaims any liability arising from such uses.
16.4 Beta and Trial Disclaimers
FREE TRIALS AND BETA FEATURES ARE PROVIDED “AS IS,” WITH NO WARRANTIES. NO REFUNDS OR INDEMNIFICATION APPLIES TO SUCH USE, UNLESS REQUIRED BY LAW.
16.5 No Legal or Compliance Advice
Profitic does not provide legal, financial, or regulatory advice. You are solely responsible for compliance with laws applicable to your business.
17. LIMITATION OF LIABILITY
17.1 Exclusion of Certain Damages
TO THE EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17.2 Liability Cap
IN NO EVENT WILL EITHER PARTY’S TOTAL LIABILITY EXCEED (A) THE AMOUNT PAID OR PAYABLE BY CUSTOMER TO PROFITIC IN THE PAST TWELVE (12) MONTHS OR (B) US $100, WHICHEVER IS GREATER.
17.3 Exceptions
THE FOREGOING EXCLUSIONS AND LIMITATIONS DO NOT APPLY TO A PARTY’S INDEMNIFICATION OBLIGATIONS, GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR CUSTOMER’S UNPAID FEES.
17.4 Basis of the Bargain
EACH PROVISION THAT LIMITS LIABILITY OR DISCLAIMS WARRANTIES IS AN ESSENTIAL PART OF THE PARTIES’ AGREEMENT.
18. CONFIDENTIALITY
18.1 Definition
“Confidential Information” means all non-public information disclosed by one party to the other and identified or reasonably understood to be confidential. Profitic’s Confidential Information includes the Services. Customer’s Confidential Information includes Customer Data.
18.2 Exclusions
Information is not Confidential Information if it (a) becomes public through no breach, (b) was known prior to disclosure without confidentiality obligations, (c) is independently developed, or (d) is disclosed by a third party without restriction.
18.3 Obligations
The Receiving Party must use the Disclosing Party’s Confidential Information only to fulfill obligations under these Terms and protect it with at least reasonable care. The Receiving Party may disclose Confidential Information if required by law, after providing notice if permissible.
19. EXPORT COMPLIANCE
Customer represents and warrants that it (and its Covered Users) will comply with all applicable export control and economic sanctions laws, including U.S. export regulations. You shall not permit use of the Services in embargoed countries or by prohibited persons. Customer shall not transmit to the Services any data controlled under the International Traffic in Arms Regulations (ITAR) or similar laws without Profitic’s prior written consent.
20. DISPUTE RESOLUTION AND GOVERNING LAW
20.1 Governing Law
These Terms are governed by the laws of Washington State, without regard to conflict of law principles.
20.2 Venue
All disputes arising under these Terms will be resolved in the state or federal courts located in King County, Washington State, and each party consents to this exclusive jurisdiction and venue.
20.3 No Class Actions
Except where prohibited by law, each party waives the right to litigate disputes in a class action or representative proceeding.
20.4 Injunctive Relief
Either party may seek injunctive or equitable relief for alleged infringement or misuse of intellectual property rights or breach of confidentiality.
20.5 Attorneys’ Fees
The prevailing party in any action to enforce these Terms is entitled to recover its reasonable attorneys’ fees and costs.
21. GENERAL PROVISIONS
21.1 Force Majeure
Neither party will be liable for failure or delay caused by events beyond its reasonable control (e.g., natural disasters, strikes, government actions, or internet disturbances).
21.2 No Waiver
Failure to enforce any provision does not constitute a waiver. A waiver on one occasion is not a waiver on any future occasion.
21.3 Severability
If any provision of these Terms is held invalid, the remainder stays in effect.
21.4 Entire Agreement
These Terms, together with any Orders, DPAs, Privacy Policies, and any other documents expressly incorporated, form the entire agreement. They supersede all prior agreements regarding the subject matter.
21.5 Assignment
Neither party may assign these Terms without the other party’s prior written consent, except to an affiliate or in connection with a merger, acquisition, or sale of substantially all assets.
21.6 Relationship of Parties
The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, or agency relationship.
21.7 No Third-Party Beneficiaries
No one other than the parties have any rights under these Terms.
21.8 Notices
Profitic may give you notice by email, posting within the Platform, or other reasonable means. You must send notices to Profitic at legal@profitic.com or the address stated in your Order. Notice is deemed given upon receipt or acknowledgment.
21.9 Headings
Headings are for reference only and shall not affect interpretation.
