End User License Agreement

Software license terms for Profitual

Last Updated: January 24, 2025
Effective Date: January 24, 2025
1. License Grant

Subject to your compliance with this EULA and payment of applicable fees, Profitual grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes.

1.1 Scope of License

  • The license is granted to the individual or entity that registered the account
  • The Service is licensed as a subscription service, not sold
  • You may access the Service from any compatible device
  • The license includes updates and new features during your subscription

1.2 License Restrictions

You may NOT:

  • Share your account credentials with others
  • Resell, redistribute, or sublicense the Service
  • Use the Service for competitive analysis
  • Reverse engineer or attempt to extract source code
  • Remove or alter any proprietary notices
  • Use the Service to develop competing products
2. Software as a Service

2.1 Service Delivery

Profitual is provided as a cloud-based software-as-a-service (SaaS). You acknowledge that:

  • The Service requires an internet connection
  • Performance depends on your internet connectivity
  • We may update the Service without notice
  • Some features may be added or removed over time

2.2 Service Availability

While we strive for high availability, we do not guarantee uninterrupted access. The Service may be unavailable due to maintenance, updates, or circumstances beyond our control.

2.3 Data Processing

All calculations and data processing occur on our secure servers. You grant us the right to process your data as necessary to provide the Service.

3. Intellectual Property

3.1 Ownership

Profitual and its licensors retain all right, title, and interest in and to the Service, including all intellectual property rights. This EULA does not grant you any rights to trademarks or service marks.

3.2 Proprietary Algorithms

The Service contains proprietary algorithms, methods, and processes that constitute trade secrets. You agree not to attempt to discover or recreate these proprietary elements.

3.3 Third-Party Components

The Service may include third-party software components subject to separate license terms, which we will make available upon request.

4. User Responsibilities

4.1 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use
  • Using strong passwords and enabling two-factor authentication

4.2 Accurate Information

You agree to provide accurate and complete information when using the Service. The quality of financial projections depends on the accuracy of your inputs.

4.3 Compliance

You are responsible for ensuring your use of the Service complies with all applicable laws and regulations in your jurisdiction.

5. Data Rights and Privacy

5.1 Your Data

You retain ownership of all data you input into the Service. We claim no ownership rights over your financial data, projections, or business information.

5.2 Data Use

We may use aggregated, anonymized data to:

  • Improve the Service
  • Develop new features
  • Create industry benchmarks
  • Conduct research

Your specific data will never be shared without your explicit consent.

5.3 Data Export

You may export your data at any time during your subscription. We provide standard export formats including CSV and Excel.

6. Warranties and Disclaimers

6.1 No Warranty

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROFITUAL DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

6.2 No Financial Advice

THE SERVICE DOES NOT PROVIDE FINANCIAL, INVESTMENT, TAX, LEGAL, OR ACCOUNTING ADVICE. ALL PROJECTIONS ARE ESTIMATES BASED ON YOUR INPUTS AND ASSUMPTIONS.

6.3 Limitation of Liability

IN NO EVENT SHALL PROFITUAL BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

7. Termination

7.1 Termination by You

You may terminate this EULA at any time by canceling your subscription and ceasing use of the Service.

7.2 Termination by Profitual

We may terminate this EULA immediately if you:

  • Violate any terms of this agreement
  • Fail to pay subscription fees
  • Use the Service for illegal purposes
  • Infringe on our intellectual property rights

7.3 Effect of Termination

Upon termination, your license to use the Service ends immediately. You may request a copy of your data within 30 days of termination, after which we may delete your data.

8. General Provisions

8.1 Entire Agreement

This EULA, together with our Terms of Service and Privacy Policy, constitutes the entire agreement between you and Profitual regarding the Service.

8.2 Governing Law

This EULA is governed by the laws of the United States without regard to conflict of law principles.

8.3 Updates to EULA

We may update this EULA from time to time. Continued use of the Service after changes constitutes acceptance of the updated terms.

8.4 Assignment

You may not assign or transfer this EULA without our prior written consent. We may assign this EULA without restriction.

Contact Information

For questions about this EULA or to request information about our third-party components:

legal@profitual.ai
Profitual, Inc.