Terms of Service

Profitual is a financial planning and analysis platform operated by Profitual Inc., a corporation headquartered in Hanwell, New Brunswick, Canada ("Profitual", "we", "us"). These Terms of Service ("Terms") govern your use of the Profitual application at app.profitual.ai, including Andy, our AI-powered financial assistant, and all related features (together, the "Service").

By creating an account, starting a trial, or using the Service, you agree to these Terms and to our Privacy Policy. If you use the Service on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" includes that organization. If you do not agree to these Terms, do not use the Service.

Our marketing website at profitual.ai has its own website terms; these Terms govern the product itself.

• "Customer Data" means the data you or your Connected Services submit to the Service, including financial records, forecasts, and information about your organization and its people.
• "AI Features" means Andy and any other feature of the Service that uses artificial intelligence to generate analysis, forecasts, reports, alerts, or other output.
• "Connected Service" means a third-party product you link to the Service, such as QuickBooks Online, Xero, Stripe, Sage, or Slack.
• "Plan" means the subscription tier you select, which determines the features, seats, and usage limits available to your organization.

The Service is intended for business and professional use. To use it you must be at least 18 years old and have reached the age of majority where you live, and you must have the legal capacity to enter into these Terms.

When you register for an account, you agree to:

• Provide accurate and complete registration information
• Keep your credentials secure and not share your account
• Notify us promptly at support@profitual.ai if you suspect unauthorized access
• Accept responsibility for activity under your account, including activity by team members you invite

4.1 Free Trial

New organizations may start a 14-day free trial without providing payment details. When the trial ends, access to paid features is limited until you subscribe. We may change the length or availability of trials for new sign-ups at any time.

4.2 Subscriptions and Renewal

Paid Plans are billed monthly or annually in advance and renew automatically until cancelled. You can cancel at any time from your billing settings; cancellation takes effect at the end of the current billing period, and you keep access until then. Except where required by law, fees are non-refundable, including for partial billing periods or unused features.

4.3 Payment Processing

Payments are processed by Stripe, our payment provider. We do not store your full payment card details on our systems.

4.4 Taxes

Fees are exclusive of applicable taxes. Where required, we collect GST/HST and applicable provincial sales taxes based on your billing address, or other taxes required in your jurisdiction.

4.5 Price and Plan Changes

We may change our prices or Plan features. Price increases to your existing subscription take effect at your next renewal, and we will give you at least 30 days' advance notice. Your Plan determines usage limits (such as seats, AI usage, and file uploads), and we may enforce those limits.

5.1 How AI Features Work

AI Features process your Customer Data — including data synced from Connected Services — to generate forecasts, analyses, reports, and alerts. We use third-party AI infrastructure providers (currently Google Cloud's Vertex AI) to power these features under agreements that prohibit the provider from using your data to train their models. We do not use your Customer Data to train generalized AI models.

5.2 Your Responsibility for Decisions

You are responsible for decisions you make based on the Service, including decisions informed by AI output. Profitual is not an accounting firm, financial advisor, or fiduciary, and nothing in the Service creates a professional-client relationship.

You can connect third-party services such as QuickBooks Online, Xero, Stripe, Sage, and Slack to the Service. When you connect one, you authorize us to access and sync data from it on your behalf, and you confirm you have the right to grant that access.

• Connected Services are governed by their own terms and privacy policies, and we are not responsible for them
• We may modify, suspend, or discontinue an integration if the third-party provider changes its service or requires us to
• You can disconnect a Connected Service at any time from the Service or from the provider's side
• We are not responsible for errors in data as it exists in a Connected Service; the Service reflects the data it receives

7.1 Ownership

You own your Customer Data. You grant us a limited, non-exclusive licence to host, process, transmit, and display Customer Data solely to provide, secure, support, and improve the Service. We may use aggregated and de-identified usage data that does not identify you or any individual to improve the Service.

7.2 Privacy and Data Residency

We handle personal information in accordance with Canada's federal Personal Information Protection and Electronic Documents Act (PIPEDA) and our Privacy Policy. Customer Data is hosted on Google Cloud infrastructure located in Canada (Montreal region).

7.3 Your Responsibilities

Customer Data may include personal information about other people, such as your employees' compensation details. You are responsible for having the legal right — including any required consents — to provide that information to us, and for the accuracy of the data you submit.

7.4 Security

We use industry-standard safeguards to protect Customer Data, including encryption in transit and at rest. No system is perfectly secure, and we cannot guarantee that unauthorized access will never occur; we will comply with applicable breach notification requirements under PIPEDA.

You agree not to:

• Use the Service for any unlawful purpose
• Access or attempt to access another organization's data or any system without authorization
• Interfere with or disrupt the Service, or circumvent usage limits or security measures
• Upload malicious code or harmful content
• Resell, sublicense, or provide the Service to third parties as a service bureau without our written agreement
• Scrape the Service or use automated means to extract data other than through features we provide
• Reverse engineer the Service except to the extent applicable law permits despite this restriction

The Service, including its software, design, and content (other than Customer Data), is owned by Profitual and its licensors and is protected by copyright, trademark, and other laws. Your subscription gives you a right to use the Service; it does not transfer any ownership.

If you send us feedback or suggestions, we may use them without restriction or obligation to you.

We sometimes offer beta or early-access features, which are identified as such in the Service. They are provided as-is, may change or be withdrawn at any time, and may be subject to additional terms.

We work to keep the Service available and performant, but we do not guarantee uninterrupted availability. The Service may be temporarily unavailable for maintenance, updates, or reasons beyond our reasonable control. Support is available at support@profitual.ai and through the in-app help options; our help site is at help.profitual.ai.

You may cancel your subscription or stop using the Service at any time. We may suspend or terminate your access if you materially breach these Terms, if your account is used in a way that risks harm to the Service or others, or if fees remain unpaid after notice. Where practicable, we will give you notice and an opportunity to remedy the issue before terminating.

The Service includes export features (such as Excel exports) — export any Customer Data you want to keep before cancelling. When your subscription ends, your access to the Service ceases, and we may delete Customer Data from our active systems in accordance with our retention practices, except where law requires us to keep it.

Sections that by their nature should survive termination — including ownership, disclaimers, limitation of liability, and general provisions — survive.

The Service provides financial modeling and analysis tools for planning purposes. Forecasts and projections are estimates, not guarantees of future performance. While we work to make calculations accurate, we do not warrant that any calculation, projection, AI output, or synced data is accurate, complete, or suitable for a particular purpose.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: (A) NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, OR DATA; AND (B) PROFITUAL'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS IS LIMITED TO THE FEES YOU PAID FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.

Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law, including any rights you may have under Canadian consumer protection legislation.

You will defend and indemnify Profitual against third-party claims arising from your Customer Data, your breach of these Terms, or your use of the Service in violation of law, to the extent the claim is not caused by us.

We may update these Terms from time to time. For material changes, we will give you at least 30 days' notice by email or in the Service before the new terms take effect. If you continue using the Service after the effective date, the updated Terms apply to you; if you do not agree, cancel your subscription before they take effect.

15.1 Governing Law

These Terms are governed by the laws of the Province of New Brunswick and the federal laws of Canada applicable in it, without regard to conflict of laws rules. The courts of New Brunswick have exclusive jurisdiction over disputes arising from these Terms or the Service, and each party attorns to their jurisdiction.

15.2 Language

The parties have requested that these Terms and all related documents be drawn up in English. Les parties ont exigé que la présente convention et tous les documents connexes soient rédigés en anglais.

15.3 Entire Agreement; Assignment; Severability

These Terms, together with our Privacy Policy and your Plan selection, are the entire agreement between you and Profitual for the Service. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. If any provision is held unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. Neither party is liable for delay or failure caused by events beyond its reasonable control.