Terms of Service
Introduction
These Terms of Use (“Terms of Use”, “Agreement”) are a binding legal agreement between you and Profit Pro LLC, a Missouri limited liability company, doing business as Profifyit, regarding your use of the Profit Pro proprietary online platform for field service business management, additional services related thereto, and related content made available to you through our mobile application, Profifyit (“Service”). Please read these Terms of Use carefully. By accessing or using the Service, you accept these Terms of Use and agree to use the Service in compliance with these Terms of Use.
“Customer”, “you”, and “your” will refer to the Corporate Entity or individual that accesses the Service. The terms “Profit Pro”, “we”, “us”, and “our” refer to Profit Pro. Profit Pro’s direct competitors for third-party agents acting on behalf of such direct competitors) are prohibited from accessing the Service.
We may periodically make changes to these Terms of Use, and if we do, we will post the changes on this page. You may view the most current version at https://www.profifyit.com/terms-of-service. Following notice of changes to the Terms of Use, your continued use of the Service on or after the date the updated version of these Terms of Use is effective and binding constitutes your acceptance of the updated version of these Terms of Use.
THESE TERMS OF USE CONTAIN AN ARBITRATION AGREEMENT, WHICH WILL, WITH LIMITED EXCEPTION, REQUIRE CUSTOMER TO SUBMIT CLAIMS CUSTOMER HAS AGAINST PROFIT PRO TO BINDING AND FINAL ARBITRATION, AND WAIVES EACH PARTY’S RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. UNDER THE ARBITRATION AGREEMENT, (1) CUSTOMER WILL ONLY BE PERMITTED TO PURSUE CLAIMS AGAINST PROFIT PRO ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING, AND (2) CUSTOMER WILL ONLY BE PERMITTED TO SEEK RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ON AN INDIVIDUAL BASIS.
1. Accounts
a. Accounts. You must register for and maintain an account with us to use the Service. When registering, you must provide accurate and complete information and promptly update this information. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of the Service.
b. Authorized Users. All Subscriptions will provide up to six (6) accounts. One of the six accounts must be the Account Holder. Only your employees or contractors who are authorized to access the Service using a user identifier and password provided to you by us or set up by you (“Authorized Users”) may use your account to access and use the Service. You are responsible for all activities that occur through your account. All Authorized Users accept these Terms of Use and agree to use the Service in compliance with the Terms of Use by accessing or using the Service.
c. Eligibility. You must be at least the age of majority in the jurisdiction in which you live (which in most jurisdictions is either 18 or 19 years of age) to use the Service. By entering into the Agreement, you represent and warrant to us that: (i) you are at least the age of majority in the jurisdiction in which you live; (ii) you have not previously been suspended or removed from the Service; and (iii) your registration and your use of the Service is in compliance with any and all applicable laws and regulations.
2. Services
a. Services. Subject to your complete and ongoing compliance with the terms and conditions of this Agreement, Profit Pro hereby grants to you a limited, worldwide, non-exclusive, non-transferable, non-sublicensable right during the term of the Agreement to: (i) access and use the Service solely in connection with the internal business operations of a single business, and (ii) solely to facilitate the provision of the Service to you, download, install and use object code copies of any Mobile App(s) associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer) on mobile devices that you own or control, in each case solely for use by a number of Authorized Users that does not exceed the number of allowed accounts by your Subscription. Use of the Service by any number of individuals above the numbers provided by your Subscription is a violation of the Agreement.
b. Open-Source Software. Profit Pro Technology may contain or be provided with open-source software. Each item of open-source software is subject to its own license terms. Copyrights to the open-source software are held by the respective copyright holders indicated therein.
c. Accessibility. Profit Pro is committed to ensuring that its Services is accessible to users with disabilities in accordance with federal and state law, including the American with Disabilities Act (“ADA”). If you experience difficulty accessing any feature or content of the Service due to a disability, please contact us at help@profifyit.com. Under Missouri law, Profit Pro shall not be liable for failure to make the Services accessible to individuals with disabilities, unless and until Profit Pro fails to demonstrate a good faith effort to address an accessibility barrier within ninety (90) days of Profit Pro’s receipt of notice of such accessibility barrier.
3. Fees and Payment
a. General Payment Terms. Profit Pro offers recurring monthly subscriptions to access Services (“Subscription”). Subscriptions are billed monthly and automatically renewed monthly on the day of purchase. Profit Pro reserves the right to shift the dates of your billing periods from time to time and to determine pricing for the Service. The Subscription will continue unless and until you cancel or we terminate the Subscription. You must cancel a Subscription before it renews in order to avoid being charged the next month’s Subscription fee to your account. Profit Pro will not issue refunds for failure to cancel your Subscription. You may request cancellation of the Service by contacting us at: help@profifyit.com
Unless otherwise agreed in writing, all payments are in U.S. Dollars and are non-refundable. Payments made by credit card, where permitted by Profit Pro, may be subject to transaction, surcharge, and other processing fees. Such fees are subject to change from time to time. You agree that your purchases under the Agreement are neither contingent on the delivery of any future functionality or features of the Service nor dependent on any oral or written public comments made by us regarding future functionality or features. By subscribing, you agree that Profit Pro has the sole discretion to change the price of the Subscription at any time.
b. Delinquent Accounts. Profit Pro may, without notice, suspend or terminate access to the Service for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees, charges, or expenses (including attorneys’ fees) that are incidental to any chargeback or collection of any unpaid amount, including collection fees. Further, amounts invoiced by Profit Pro but not paid by the applicable due date may incur interest at the rate which is the lesser of (i) 1.5% per month, calculated daily and compounded monthly, and (ii) the highest rate permitted under applicable law.
c. Free Trial. From time to time, we may offer a free trial of the Service, in our sole discretion granting access to the Service for a period of time determined by Profit Pro. A valid payment method is required for Subscriptions. If you sign up for a Subscription, and you do not cancel the Subscription before the end of any provided trial period, you will be billed starting on the first day following the trial period. If you cancel prior to the processing of your first invoice (i.e., up to and including the last day of your free trial), your access to the Service will terminate, and your payment method will not be charged.
4. Term and Termination
a. Term. The term of the Agreement commences upon your registration for the Service and remains in effect for the term of your Subscription. Subscriptions are month-to-month and will automatically renew for additional successive monthly terms until we terminate or you cancel the Subscription. You can cancel your Subscription at help@profifyit.com. Upon termination, your access to the Service and any information stored by the Service will also terminate at the end of the last month paid for. You agree that Profit Pro has no responsibility or liability for the deletion or failure to store any data or other content maintained or uploaded to the App.
b. Suspension. You agree to refrain from the following actions (which each constitute a material breach of the Agreement) and we may immediately, without notice, suspend your access to the Service if: (i) you breach any provision of the Agreement; (ii) you seek to hack the security mechanisms of the Service or we otherwise determine that your use of the Service poses a security risk to us or to another user of the Service; (iii) you introduce a malicious program into the network or a virtual machine instance; (iv) you cause network interference that affects Service performance for other customers; (v) you use the Service in a way that we determine, in our sole discretion, is abusive or disrupts or threatens the performance or availability of the Service; or (vi) we receive notice or we otherwise determine, in our sole discretion, that you may be using the Service for an illegal purpose or in a way that violates the law or violates, infringes, or misappropriates the rights of any third party. Your access will be restored only if and when the reason for the suspension is resolved.
5. Access to Service
We do not provide you with the equipment to access the Service. You are responsible for all fees charged by third parties to access the Service (e.g., Internet and/or mobile access charges). You agree and acknowledge that Profit Pro may update and otherwise change the Service from time to time in its sole discretion at any time, provided that such modifications do not materially degrade any of the functionality or features of the Service to which you have subscribed. Notwithstanding the foregoing, we reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Service without notice and we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
6. Ownership
a. Ownership. Except for the rights to access Profit Pro expressly granted to you in the Agreement, we retain all right, title, and interest in and to Profit Pro, including all related intellectual property rights. Profit Pro is protected by applicable intellectual property laws.
b. Limitation of Copyright License. Service or any portion thereof may not be reproduced, duplicated, copied, sold, visited, or otherwise exploited for any commercial purpose without express written permission of Profit Pro. Any unauthorized use of the Service voids the License granted by us. We do not guarantee continuous, uninterrupted access to the Service, and operation of the Service may be interfered with by numerous factors outside our control. You agree that you will not: (i) copy, reproduce, modify, create derivative works from, distribute, or publicly display any user content without our prior express written permission and the appropriate third party, as applicable; or (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service.
7. Disclaimer
EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 7: (I) THE SERVICE, ANY PROFESSIONAL SERVICES, AND ALL CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS; AND (II) PROFIT PRO DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, GUARANTEES AND PROMISES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SERVICE AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (A) ANY IMPLIED REPRESENTATION, WARRANTY, CONDITION, GUARANTEE OR PROMISE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY REPRESENTATION, WARRANTY, CONDITION, GUARANTEE OR PROMISE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. PROFIT PRO DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND PROFIT PRO DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. CUSTOMER ACKNOWLEDGES AND AGREES THAT RELIANCE UPON THE CONTENT OR SERVICE IS DONE AT THEIR OWN RISK.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY REPRESENTATION, WARRANTY, CONDITION, GUARANTEE OR PROMISE REGARDING PROFIT PRO, THE SERVICE, OR OTHERWISE, THAT IS NOT EXPRESSLY STATED IN THE AGREEMENT. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE), OR ANY LOSS OF DATA (INCLUDING BACKUPS), INCLUDING CUSTOMER DATA AND USER CONTRUBUTIONS. YOU ACKNOWLEDGE THAT THE INTERNET AND TELECOMMUNICATIONS PROVIDERS’ NETWORKS ARE INHERENTLY INSECURE AND THAT WE WILL HAVE NO LIABILITY FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF CUSTOMER DATA WHILE IN TRANSIT VIA THE INTERNET OR A TELECOMMUNICATIONS PROVIDER’S NETWORK. PROMOTIONAL GOODS (IF ANY) ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND.
PROFIT PRO IS PROVIDED AS A PLATFORM FOR USE BY CUSTOMER, AND CUSTOMER IS SOLELY RESPONSIBLE FOR ENSURING CUSTOMER’S USE OF THE PROFIT PRO COMPLIES WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS. CUSTOMER IS SOLELY RESPONSIBLE FOR CONFIGURING ITS INSTANCE OF THE SERVICE IN A WAY THAT ENABLES CUSTOMER TO COMPLY WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS. PROFIT PRO MAY, FOR INFORMATIONAL PURPOSES ONLY, MAKE SUGGESTIONS TO CUSTOMER WITH RESPECT TO THE USE AND APPLICATION OF CUSTOMER’S INSTANCE OF THE SERVICE, BASED ON BEST PRACTICES OR OTHERWISE, BUT CUSTOMER REMAINS SOLELY RESPONSIBLE FOR ENSURING THAT SUCH SUGGESTIONS MEETS ALL BUSINESS AND LEGAL REQUIREMENTS APPLICABLE TO CUSTOMER, INCLUDING THAT CUSTOMER’S USE OF PROFIT PRO COMPLIES WITH ALL APPLICABLE LAWS, RULES AND REGULATIONS.
THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Profit Pro does not disclaim any warranty or other right that Profit Pro is prohibited from disclaiming under applicable law.
8. Limitation of Liability
a. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE PROFIT PRO ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION ANY DAMAGES FOR LOSS OF PROFITS, GOODWILL, BUSINESS INTERRUPTION, OR ANY OTHER INTANGIBLE LOSS, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR CONTENT ON THE SERVICE OR ARISING OUT OF OR WITH RESPECT TO ANY SERVICES, PROVIDED BY PROFIT PRO, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY PROFIT PRO ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
b. TO THE FULLEST EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF PROFIT PRO TO YOU FOR ANY CLAIM OR CLAIMS ARISING OUT OF OR RELATING TO THE AGREEMENT AND/OR THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THE AGREEMENT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, GROSS NEGLIGENCE OR WILLFUL MISCONDUCT), STATUTE, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATEROF: (A) THE AMOUNT YOU HAVE PAID TO PROFIT PRO FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO CLAIM; AND (B) $100.
c. EACH PROVISION OF THE AGREEMENT THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THE AGREEMENT. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THE AGREEMENT. THE LIMITATIONS IN THIS SECTION 8 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
d. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OR EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU OR BE ENFORCEABLE WITH RESPECT TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
e. IF YOU ARE AN INDIVIDUAL USER FROM NEW JERSEY, THE FOREGOING SECTIONS TITLED “WARRANTIES; DISCLAIMER” AND “LIMITATION OF LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
9. Indemnity
To the fullest extent permitted by law, you are responsible for your use of the Services, and you will defend, indemnify and hold harmless Profit Pro and its officers, directors, employees, consultants, Affiliates, subsidiaries and agents (together, the “Profit Pro Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Services; (b) your violation of any portion of the Agreement, any representation, warranty, or agreement referenced in the Agreement, or any applicable law or regulation; or, (c) your use of a faulty estimate. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims. You will not settle or compromise any such claim without our prior written consent.
10. Severability.
If any term of these Terms is found invalid or unenforceable by any court of competent jurisdiction, that term will be severed from these Terms. No failure or delay by Profit Pro in exercising any right hereunder will waive any further exercise of that right. The waiver of any such right or provision will be effective only if in writing and signed by a Profit Pro duly authorized representative. Profit Pro’s rights and remedies hereunder are cumulative and not exclusive.
11. Assignment.
You shall not (by operation of law or otherwise) assign your rights or delegate your performance hereunder without the prior written consent of us, and any attempted assignment or delegation without such consent shall be void.
12. Privacy Policy.
The Service collects information that you specifically and knowingly provide, and uses technological measures to collect information about you and your use of the Service. We may additionally collect information about you from third-party sources in connection with your use of the Service. By using the Service, you consent to the collection, use, disclosure and retention of your personal information by or on behalf of Profit Pro as explained in the Profit Pro Privacy Policy https://www.profifyit.com/privacy-policy (the “Privacy Policy”), as revised from time to time, and as otherwise permitted by applicable law.
13. Governing Law.
The Agreement is governed by the laws of the State of Missouri without regard to conflict of law principles. Subject to Section 14 or 15, as applicable, you and Profit Pro hereby irrevocably and unconditionally submit and attorn to the personal and exclusive jurisdiction of the state courts and federal courts located within St. Charles County, Missouri for resolution of any lawsuit or court proceeding permitted under the Agreement. We operate the Service from our offices in Missouri and offer the Service in the United States. We make no representation that the Service is appropriate or available for use in other locations.
14. ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS CAPABLE IN LAW OF BEING SUBMITTED TO BINDING ARBITRATION) AGAINST US, OUR AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY CLAIMS, FOR PURPOSES OF THIS SECTION, “14”) ARISING FROM OR RELATING TO THIS TERMS AND CONDITIONS, ITS INTERPRETATION OR THE BREACH, TERMINATION OR VALIDITY THEREOF THE RELATIONSHIPS BETWEEN THE PARTIES, WHETHER PRE-EXISTING, PRESENT OR FUTURE SHALL BE EXCLUSIVELY RESOLVED AND FINALLY BINDING BY ARBITRATION ADMINISTRED BY THE AMERICAN ARBITRATION ASSOCIATION APPLYING MISSOURI LAW. ANY AWARD OF THE ARBITRATOR(S) SHALL BE FINAL AND BINDING ON EACH OF US, AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION.
15. CLASS ACTION WAIVER.
Disputes will not be resolved in a class, representative or consolidated action or proceeding. YOU AND PROFIT PRO AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF US MAY BRING CLAIMS (WHETHER IN COURT OR IN ARBITRATION) AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, PRIVATE ATTORNEY GENERAL, REQUEST FOR PUBLIC INJUNCTIVE RELIEF, OR REPRESENTATIVE PROCEEDING. This also means that you and Profit Pro may not participate in any class, collective, consolidated, coordinated, private attorney general, request for public injunctive relief, or representative proceeding brought by any third party. Notwithstanding this provision or any other language in these Terms, you or Profit Pro may participate in a class-wide settlement. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND PROFIT PRO WAIVE ANY RIGHT TO A JURY TRIAL.
16. Third-Party Distribution Channels.
a. Distribution Channels. Profit Pro makes available our Mobile App through the Apple App Store, the Google Play Store, or other distribution channels (“Distribution Channels”). By obtaining our Mobile App through a Distribution Channel, you may be subject to additional terms of the Distribution Channel. The Agreement is between you and us only, and not with the Distribution Channel. To the extent that you utilize any other third-party products and services in connection with your use of the Service, you agree to comply with all applicable terms of any agreement for such third-party products and services.
b. Apple-Enabled Software. With respect to Mobile Apps that are made available for your use in connection with an Apple-branded product, in addition to the other terms and conditions set forth in the Agreement, the following terms and conditions apply. You acknowledge that the Agreement is between you and Profit Pro only, not with Apple Inc. (“Apple”), and Apple is not responsible for the Mobile App or the content thereof. You may not use the Mobile App in any manner that is in violation of or inconsistent with this Agreement, or otherwise be in conflict with, the Apple Media Services Terms and Conditions. Your license to use the Mobile App is limited to a non-transferable license to use the Mobile App on an iOS product that you own or control, as permitted by the “Usage Rules” set forth in the Apple Media Services Terms and Conditions, except that such Apple-Enabled Software may be accessed and used by other accounts associated with the purchaser via Apple’s Family Sharing or volume purchasing programs. Apple has no obligation to furnish any maintenance and support services with respect to the Mobile App. Apple is not responsible for any product warranties, whether express or implied by law. If the Mobile App fails to conform to any applicable warranty, you may notify Apple and Apple will refund any applicable purchase price for the Mobile App, if any, to you; and, to the maximum extent permitted by applicable law, Apple has no other warranty obligation with respect to the Mobile App, or any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty, which will be Profit Pro’s sole responsibility, to the extent it cannot be disclaimed under applicable law. Apple is not responsible for addressing any claims by you or any third party relating to the Mobile App or your possession and/or use of the Mobile App, including: (a) product liability claims; (b) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement; or (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third party claim that the Mobile App and/or your possession and use of the Mobile App infringe a third party’s intellectual property rights. You agree to comply with any applicable third party terms when using the Mobile App. Apple and Apple’s subsidiaries are third party beneficiaries of the Agreement, and upon your acceptance of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary of the Agreement. You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You must comply with applicable third-party terms of agreement when using the Mobile App, e.g., your wireless data service agreement. If you have any questions, complaints, or claims with respect to the Mobile App, they should be directed to us as follows: help@profifyit.com, 1050 S Cloverleaf Dr Suite A St. Peters MO 63376.
c. Google-Sourced Software. The following applies to any Mobile App you download from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that the Agreement is between you and Profit Pro only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (iii) Google is only a provider of Google Play where you obtained Profit Pro’s Google-Sourced Software; (iv) Profit Pro, and not Google, is solely responsible for the Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or the Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to the Agreement as it relates to Profit Pro’s Google-Sourced Software.
17. Entire Agreement
The Agreement is the final and complete expression of the agreement between these parties regarding your use of the Service. The Agreement supersedes, and the terms of the Agreement govern, all previous oral and written communications regarding these matters, all of which are merged into the Agreement. No employee, agent, or other representative of Profit Pro has any authority to bind Profit Pro with respect to any statement, representation, warranty, or other expression unless the same is specifically set forth in the Agreement. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter the terms of the Agreement. Profit Pro will not be bound by, and specifically objects to, any term, condition, or other provision that is different from or in addition to the Agreement (whether or not it would materially alter the Agreement) that is profferedby Customer in any receipt, acceptance, confirmation, correspondence, or otherwise, and all such terms or conditions are hereby rejected and shall be null and void, regardless of whether such other documentation is executed by the parties.
THIS AGREEMENT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.
BY CLICKING ON THE “I AGREE” BUTTON UPON ACCOUNT REGISTRATION AND CREATION, YOU ARE EXPRESSLY AGREEING TO AND CONSENTING TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THEN YOU CANNOT CREATE OR REGISTER AN ACCOUNT.
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