Last Updated: April 11, 2025
Welcome to ProfitHero ("Company", "we", "our", or "us"). These Terms of Use ("Terms") govern your access to and use of our website and services (collectively, the "Services"). Please read them carefully.
By registering for the Services, or by downloading, installing, accessing, or using them, you acknowledge that you have read, understood, and agree to be legally bound by these Terms and our Privacy Policy.
Disputes under these Terms will be resolved by binding, individual arbitration as outlined in Section 12. By accepting these Terms, you and ProfitHero each waive the right to a jury trial or to participate in any class action or representative proceeding. You are giving up your right to go to court, except in small claims court. Your rights will be determined by a neutral arbitrator, not a judge or jury.
If you do not agree to all terms and conditions of this Agreement, you must not access or use the Services or any related data integrations.
The Services are only available to individuals who are at least 18 years old. By using the Services, you confirm that you meet this age requirement. If you are under 18, please stop using the Services immediately.
You may use the Services only as permitted by law and these Terms. You are responsible for your conduct, data, and communications while using the Services. You agree not to misuse the Services or help anyone else to do so.
The Services are designed to connect with third-party platforms and retrieve business data. You agree that:
When you connect a third-party system, we may retrieve financial, operational, and other business-related data. We use this data to power insights, benchmarks, and personalized recommendations. Some data may be presented in anonymized or aggregated form.
You acknowledge that:
We grant you a limited, non-exclusive, non-transferable, and revocable license to use the Services for your internal business purposes in accordance with these Terms.
You agree not to:
To access certain features, you must register and maintain an active account. You are responsible for safeguarding your credentials and for all activity under your account. Notify us immediately of unauthorized access.
Access to some parts of the Services may require a paid subscription. All subscription terms, including billing cycles and cancellation policies, will be presented at the time of sign-up (or within the account settings).
We may modify subscription offerings or prices at any time. If so, we will notify you in advance of any changes that affect your existing subscription.
Please refer to our Privacy Policy for how we collect, use, and share your information.
We welcome your feedback, comments, and suggestions. By submitting feedback, you grant us the right to use it without restriction or compensation. We are under no obligation to keep it confidential or act on it.
All rights, title, and interest in and to the Services (excluding content provided by users or third-party systems) are owned by ProfitHero or our licensors.
You may not use our name, logo, or trademarks without prior written consent.
The Services are provided "as is" and "as available," without warranty of any kind, either express or implied. We disclaim all warranties, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the Services will be secure, error-free, or available at all times.
You agree to indemnify, defend, and hold harmless ProfitHero, its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to:
To the maximum extent permitted by law, ProfitHero.ai shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, or goodwill.
Disputes arising out of or related to these Terms or the Services will be resolved through binding arbitration under the Federal Arbitration Act, administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules. Arbitration will be confidential, and the arbitrator may award any relief that a court could, including injunctive or equitable relief.
You and ProfitHero waive the right to a jury trial or to participate in any class action or representative proceeding.
You may opt out of arbitration within 30 days of accepting these Terms by sending a written Opt-Out Notice to legal@profithero.ai with the subject line "Arbitration Opt-Out." If you opt out, any dispute will be resolved as described in Section 13 ("Governing Law").
These Terms of Use shall be governed by the laws of the State of Delaware, without regard to conflict of law principles.
Each party irrevocably submits to the exclusive jurisdiction of the Court of Chancery located in Wilmington, Delaware, or, if such court does not have subject matter jurisdiction, any other state or federal court located in the County of New Castle in the City of Wilmington, Delaware, for any proceeding arising out of or relating to this Agreement. Each party further irrevocably agrees to initiate and litigate any such proceeding only in those courts.
We are not obligated to provide support, maintenance, updates, or enhancements for the Services. Any support provided is at our sole discretion and subject to our then-current support policies.
By using the Services, you consent to receive electronic communications from us as described in our Privacy Policy. These communications may include notices about your account, legal updates, and promotional content. You agree that these communications satisfy any legal requirements for written notice.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: You may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.
These Terms, together with the Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and ProfitHero.ai. You may not assign or transfer these Terms without our prior written consent. Our failure to enforce any right or provision of these Terms does not constitute a waiver of such right or provision. If any part of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
For questions or concerns about these Terms, please reach out to us at: