Website Terms and Conditions

1. Acceptance of these terms

These Website Terms and Conditions (Terms) are entered into between you and Profit IQ Operating Pty Ltd (ACN 695 508 153) trading as ProfitIQ (ProfitIQ, we, us, our). By accessing or using the Website, joining our early access waitlist, or otherwise indicating your acceptance, you agree to be bound by these Terms. If you do not agree, do not use the Website.

Our Privacy Policy and Collection Statement are incorporated into these Terms by reference.

2. Eligibility

You must be at least 18 years old and able to form a legally binding contract to use the Website. If you are using the Website on behalf of a business, you confirm you are authorised to bind that business to these Terms.

3. Acceptable use

You must not, and must not attempt to:

• use the Website for any unlawful purpose or in breach of any applicable law;
• interfere with or disrupt the Website, or any server or network connected to it;
• attempt to gain unauthorised access to the Website, other users’ accounts, or any system or network connected to the Website;
• scrape, data-mine, or use automated means to extract content from the Website, other than standard search engine indexing;
• transmit any virus, malware or other harmful code through the Website; or
• impersonate any person or entity, or misrepresent your affiliation with any person or entity.

4. Early access waitlist

The Website allows you to register interest in early access to the ProfitIQ platform by providing your email address and related business information. Submitting the early access form does not guarantee you access to the Services, a particular onboarding date, or any particular pricing or offer, all of which remain at our discretion. Any figures shown on the Website regarding the number of spots claimed or remaining are indicative and provided for marketing purposes only.

Pricing and plan details displayed on the Website (including on the Pricing section) are indicative only, may change prior to general availability, and do not constitute a binding offer. Final pricing will be confirmed in the terms you accept when you create a paid account.

5. Intellectual property

The Website, and all content on it — including text, graphics, logos, the ProfitIQ name and marks, software and design — is owned by us or our licensors and is protected by Australian and international intellectual property laws. Except as expressly permitted by these Terms or by law, you must not reproduce, modify, distribute, or create derivative works from any part of the Website without our prior written consent.

Nothing in these Terms grants you any right to use our trade marks, trade names, or logos without our prior written consent.

6. Subscription and use of the Services

This clause 6 sets out the terms that apply to the ProfitIQ software platform (the Services) once it is generally available. It forms part of these Terms; when you register for an account, you also agree to this clause 6 as the contract governing your use of the Services.

Plans and pricing

We offer the subscription plans described on the Website from time to time (currently Basic, Essential and Pro). We may introduce new plans, retire existing plans, or change the features included in a plan, at any time. We will give you at least 30 days’ notice by email before increasing the price of your current plan; continuing to use the Services after a price increase takes effect means you accept the new price.

Billing

Paid plans are billed in advance on a monthly, recurring basis through our payment processor, Stripe. By subscribing to a paid plan you authorise us to charge your nominated payment method each billing period until you cancel. All fees are in Australian dollars and, unless stated otherwise, exclusive of GST, which will be added where applicable.

Cancellation and refunds

Subscriptions are month-to-month with no lock-in. You may cancel at any time from within your account settings; cancellation takes effect at the end of your current billing period, and you keep access to your paid plan until then. Except where required by the Australian Consumer Law or other applicable law, fees already paid are non-refundable, including for partial billing periods.

Your data

As between you and us, you own the project, job, financial and other data you input into or upload to the Services (Customer Data). We only use Customer Data to provide the Services to you, as described in our Privacy Policy. You can permanently delete your Customer Data, or your entire account, at any time from within the Services.

Service availability

We work to keep the Services available and performing well, but we do not guarantee the Services will be uninterrupted or error-free, and we do not currently offer a contractual uptime service level. We may suspend access for scheduled maintenance or in an emergency, and will try to give you reasonable notice of planned downtime where practical.

Suspension for non-payment

If a payment fails and is not resolved within a reasonable period after we notify you, we may suspend or downgrade your access to paid features until the outstanding amount is paid, without affecting our other rights under these Terms.

7. Third-party services and integrations

The Website may reference or link to third-party products and services, including Xero and MYOB. Xero is a trade mark of Xero Limited and MYOB is a trade mark of MYOB Australia Pty Ltd. We are not affiliated with, sponsored by, or endorsed by Xero or MYOB unless expressly stated. We are not responsible for the content, accuracy, or practices of any third-party website, product or service, and your use of any third-party service is subject to that provider’s own terms and privacy policy.

8. No warranty

The Website and its content are provided on an “as is” and “as available” basis, without warranties of any kind, whether express or implied, except for any consumer guarantees or other rights that cannot lawfully be excluded under the Australian Consumer Law (Schedule 2 to the Competition and Consumer Act 2010 (Cth)) or other applicable law. To the maximum extent permitted by law, we do not warrant that the Website will be uninterrupted, error-free, or free of viruses or other harmful components, or that any information on the Website (including projected pricing, features, or launch timing) is complete, accurate, or current.

9. Not professional advice

The Website, and once available the Services, provide tools, calculations and insights to support your business decision-making. They are not a substitute for professional accounting, financial, tax, engineering or legal advice, and are not intended to be relied on as such. You should seek advice from a qualified professional before relying on any margin, cost, budget, or profitability information generated by ProfitIQ for those purposes.

10. Limitation of liability

Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified. Subject to that, and to the maximum extent permitted by law:

• our liability for a breach of a non-excludable consumer guarantee is limited, at our option, to resupplying the relevant information or service, or paying the cost of having it resupplied; and
• we are not liable to you for any indirect, special or consequential loss, loss of profits, loss of business, or loss of data arising out of or in connection with the Website or these Terms, even if we have been advised of the possibility of such loss, and our total aggregate liability arising out of or in connection with the Website will not exceed AUD $100.

11. Indemnity

To the extent permitted by law, you indemnify us against any loss, damage, cost or expense (including reasonable legal costs) we incur arising from your breach of these Terms, your misuse of the Website, or your infringement of any third party’s rights, except to the extent caused by our own negligence, wilful misconduct, or breach of a non-excludable guarantee.

12. Suspension and termination

We may suspend or restrict your access to the Website, or remove you from the early access waitlist, at any time, including where we reasonably believe you have breached these Terms. You may stop using the Website, or ask to be removed from the waitlist, at any time by contacting us.

13. Changes to these Terms

We may update these Terms from time to time. The “Last updated” date at the top of this page shows when they were last revised. Continued use of the Website after changes take effect constitutes acceptance of the updated Terms.

14. Governing law

These Terms are governed by the laws of New South Wales, Australia. You and we submit to the non-exclusive jurisdiction of the courts of that State and courts entitled to hear appeals from those courts.

15. General

• Entire agreement — these Terms, together with our Privacy Policy and Collection Statement, constitute the entire agreement between you and us regarding the Website and supersede any prior agreements on that subject.
• Severability — if any part of these Terms is found to be invalid or unenforceable, that part is severed and the remainder continues in full force.
• No waiver — a failure or delay by us in exercising a right under these Terms does not operate as a waiver of that right.
• Assignment — you may not assign or transfer your rights under these Terms without our prior written consent. We may assign or transfer our rights and obligations under these Terms, including in connection with a merger, acquisition or sale of assets.

16. Contact us

Questions about these Terms? Reveal email address.