Terms of Service

01Acceptance of terms

These Terms of Service ("Terms") govern your access to and use of the websites, software, dashboards, and services (the "Services") provided by ProfitOS Technologies ("ProfitOS," "we," "us," or "our"), operated by Agency Profit Pro. By accessing or using the Services, you agree to be bound by these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization.

02The Services

ProfitOS provides business software solutions that help you track your marketing data and monitor your applications, cloud infrastructure, and services so you can make decisions based on real data. We may add, modify, or discontinue features from time to time. We will use commercially reasonable efforts to keep the Services available, but we do not guarantee uninterrupted access.

03Accounts & registration

You must provide accurate information when creating an account and keep it up to date. You are responsible for safeguarding your credentials and for all activity that occurs under your account. Notify us promptly of any unauthorized use. You must be at least 18 years old to use the Services.

04Acceptable use

You agree not to:

• Use the Services in violation of any applicable law or regulation;
• Upload or transmit malicious code or attempt to disrupt or compromise the Services;
• Reverse engineer, copy, or resell the Services except as permitted by law;
• Access the Services to build a competing product or to benchmark without authorization;
• Infringe the intellectual property or privacy rights of others;
• Use the Services to store or transmit data you do not have the right to share.

05Customer data

You retain all rights to the data, telemetry, logs, and content you submit to the Services ("Customer Data"). You grant us a limited license to host, process, and use Customer Data solely to provide and improve the Services and as described in our Privacy Policy. You are responsible for the accuracy and legality of Customer Data and for obtaining any necessary consents.

06Fees & billing

Paid plans are billed in advance on a recurring basis according to the plan you select. Fees are non-refundable except as required by law or expressly stated. We may change pricing with reasonable advance notice; changes apply at the start of your next billing cycle. You are responsible for applicable taxes. If a payment fails, we may suspend or downgrade your access.

07Intellectual property

The Services, including all software, designs, text, and trademarks, are owned by ProfitOS Technologies and its licensors and are protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable right to use the Services in accordance with these Terms. All rights not expressly granted are reserved.

08Third-party services & integrations

The Services may integrate with third-party tools and platforms. Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services and do not endorse them. You are responsible for any credentials or data you connect.

09Termination

You may stop using the Services at any time. We may suspend or terminate your access if you breach these Terms, fail to pay fees, or if required by law. Upon termination, your right to use the Services ends, and we may delete Customer Data after a reasonable period, subject to applicable law and our Privacy Policy. Sections intended to survive termination will continue to apply.

10Disclaimers

The Services are provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or that insights generated will be accurate or complete.

11Limitation of liability

To the maximum extent permitted by law, ProfitOS Technologies and Agency Profit Pro will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill. Our total liability for any claim arising out of or relating to the Services will not exceed the amounts you paid us in the twelve (12) months preceding the claim.

12Indemnification

You agree to indemnify and hold harmless ProfitOS Technologies, Agency Profit Pro, and our affiliates from any claims, losses, and expenses (including reasonable legal fees) arising from your use of the Services, your Customer Data, or your breach of these Terms.

13Mobile applications & app stores

Some of our Services are offered as mobile applications you download from a third-party app store, such as the Apple App Store (the "App Store"). Your use of those applications is also subject to the app store's terms, and for applications obtained from the Apple App Store, Apple's standard Licensed Application End User License Agreement (the "Standard EULA") applies in addition to these Terms.

You acknowledge that these Terms are entered into between you and ProfitOS Technologies only, and not with Apple, and that Apple is not responsible for the application or its content. Apple has no obligation to provide any maintenance or support for the application; to the extent any maintenance, support, or warranty is required, it is our responsibility and not Apple's. You represent that you are not located in a country subject to a U.S. Government embargo and are not listed on any U.S. Government list of prohibited or restricted parties. Apple and its subsidiaries are third-party beneficiaries of these Terms and, upon your acceptance, will have the right to enforce them against you.

14Governing law & disputes

These Terms are governed by the laws of the jurisdiction in which Agency Profit Pro is established, without regard to conflict-of-law principles. Any disputes will be resolved in the courts of that jurisdiction, unless applicable law requires otherwise. You and ProfitOS agree to first attempt to resolve any dispute informally.

15Changes to these terms

We may update these Terms from time to time. When we make material changes, we will update the "Last updated" date and, where appropriate, provide additional notice. Your continued use of the Services after changes take effect constitutes acceptance of the revised Terms.

16Contact us

Questions about these Terms? Contact us at jeremy@profitostechnologies.com or through the contact section of our website.