Terms of Service

1.1

The Program is intended primarily for use by accounting, taxation, advisory, bookkeeping, finance, and business professionals.

1.2

By using the Program, you represent and warrant that:

• you are at least 18 years old;
• you are legally authorised to enter into these Terms;
• you have authority to act on behalf of any entity using the Program; and
• your use of the Program complies with all applicable laws and regulations.

1.3

If you access the Program from outside Australia, you are responsible for ensuring compliance with all local laws applicable to your use of the Program.

2.1

Access to certain features or functionality of the Program may require payment of applicable fees ("Fees").

2.2

ProfitWis may offer access to the Program through various pricing models, including:

• single-pass access;
• monthly subscriptions;
• annual subscriptions; or
• other access plans made available from time to time.

2.3

Applicable Fees, billing terms, renewal terms, access periods, included functionality, and any usage limitations will be specified at the time of purchase or registration.

2.4

Unless otherwise stated, Fees displayed on the Program or website are inclusive of GST.

2.5

Payments are non-refundable except where required by law or expressly stated at the time of purchase.

2.6

Recurring subscriptions renew automatically unless cancelled before the applicable renewal date through the cancellation functionality made available within the Program, subscription portal, or payment provider interface.

Any material changes to recurring pricing will be communicated prior to the relevant renewal taking effect.

2.7

ProfitWis may suspend, restrict, or terminate access to the Program for failed, overdue, disputed, reversed, or unpaid Fees.

2.8

You are responsible for maintaining accurate billing information and ensuring timely payment of all applicable Fees.

2.9

If a recurring subscription expires or is cancelled, users will generally retain limited read-only access to previously generated reports, subject to ongoing availability of the relevant functionality.

Generation of new reports, outputs, or certain functionality generally requires an active paid access plan, such as a valid single-pass access plan, subscription, or other paid access entitlement made available by ProfitWis.

3.1

Subject to payment of applicable Fees and compliance with these Terms, ProfitWis grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable licence to access and use the Program solely for your internal business purposes.

3.2

Except as expressly permitted by law or with prior written consent from ProfitWis, you must not:

• copy, modify, adapt, reproduce, reverse engineer, decompile, disassemble, or create derivative works from the Program;
• resell, license, sublicense, lease, rent, distribute, commercialise, or otherwise exploit the Program;
• share access credentials or permit unauthorised third-party access;
• use the Program in any network, bureau, timesharing, or service provider arrangement not expressly authorised;
• use the Program to develop, train, benchmark, improve, or support competing products, software, datasets, AI systems, or services;
• scrape, extract, harvest, or systematically collect Program data or outputs using automated means;
• interfere with, disrupt, overload, probe, test, or compromise the security or integrity of the Program; or
• use the Program in a manner that violates applicable laws, regulations, professional obligations, or third-party rights.

3.3

For the avoidance of doubt, you must not copy, reproduce, or create software, workflows, AI systems, or services that replicate the functionality, structure, logic, organisation, or commercial offering of the Program.

3.4

All intellectual property rights, including copyright, trademarks, logos, designs, software, workflows, trade secrets, AI-generated structures, and proprietary methodologies remain the property of ProfitWis or its licensors.

3.5

No ownership rights are transferred to you except for the limited licence expressly granted under these Terms.

3.6

Clauses relating to intellectual property, restrictions on use, confidentiality, liability limitations, indemnities, dispute resolution, and surviving obligations continue after termination of these Terms.

4.1

You must:

• maintain the confidentiality and security of your login credentials;
• immediately notify ProfitWis of any suspected unauthorised access, misuse, or security incident;
• ensure all users accessing the Program through your account comply with these Terms; and
• use the Program only for lawful and authorised purposes.

4.2

You are responsible for all activities occurring under your account, whether authorised by you or not, except to the extent caused by ProfitWis's breach of law or negligence.

4.3

You warrant that all information provided to ProfitWis is accurate, complete, current, and not misleading to the best of your knowledge.

4.4

ProfitWis may suspend or restrict access where reasonably necessary to:

• protect platform security or integrity;
• investigate suspected misuse, fraud, unlawful conduct, or security breaches;
• comply with legal or regulatory obligations; or
• prevent harm to ProfitWis, users, third parties, or the Program.

5.1

ProfitWis limits the collection of personal information and sensitive information to what is reasonably necessary for operation of the Program.

5.2

ProfitWis does not intentionally collect Tax File Numbers (TFNs), banking passwords, government-issued identity credentials, or unrelated sensitive information unless expressly required for a specific lawful purpose.

5.3

Financial information, documents, records, reports, and other materials uploaded or submitted by users ("User Content") are used solely for operation of the Program and provision of platform functionality.

5.4

ProfitWis does not independently verify, audit, validate, or guarantee the accuracy, completeness, legality, or reliability of user-provided financial information or User Content.

5.5

You retain ownership of your User Content.

5.6

You grant ProfitWis a non-exclusive, worldwide, royalty-free licence to host, store, reproduce, process, transmit, analyse, modify, and use User Content solely to:

• operate, maintain, secure, and improve the Program;
• provide Program functionality, outputs, and related services;
• comply with legal or regulatory obligations; and
• detect, prevent, or address fraud, misuse, security risks, or technical issues.

5.7

This licence continues only for as long as reasonably necessary for operation of the Program, compliance with legal obligations, enforcement of these Terms, backup retention, dispute resolution, security purposes, or legitimate operational requirements.

5.8

Data handling practices are governed by our Privacy Policy, which forms part of these Terms.

6.1

Certain Program features may incorporate artificial intelligence, automated systems, machine-generated analysis, rules-based processing, or algorithmic functionality.

6.2

AI-assisted or automated outputs may contain inaccuracies, omissions, interpretational limitations, analytical errors, formatting issues, or outdated information.

6.3

You remain solely responsible for independently reviewing, verifying, and assessing the appropriateness of any output before relying on, implementing, communicating, filing, or acting upon it.

6.4

ProfitWis does not guarantee that AI-assisted or automated outputs will be accurate, complete, legally compliant, reliable, or suitable for any particular purpose.

6.5

The Program is an assistive accounting technology platform only and does not provide tax agent services or BAS services within the meaning of the Tax Agent Services Act 2009 (Cth).

7.1

The Program may contain links to, references to, or content provided by third parties.

7.2

ProfitWis does not endorse, control, verify, or guarantee third-party content, products, services, or websites.

7.3

Your access to or reliance on third-party content is at your own risk.

7.4

ProfitWis disclaims liability for any loss or damage arising from third-party content, products, services, or external platforms.

8.1

The Program and all associated content and functionality are provided on an "as is" and "as available" basis.

8.2

To the maximum extent permitted by law, ProfitWis excludes all representations, warranties, guarantees, and conditions, whether express, implied, statutory, or otherwise, including regarding:

• accuracy, reliability, completeness, or suitability;
• fitness for a particular purpose;
• uninterrupted availability;
• non-infringement;
• error-free functionality; or
• protection against malware, cyber incidents, or malicious software.

8.3

Nothing in these Terms excludes rights or guarantees that cannot lawfully be excluded under applicable law, including the Australian Consumer Law.

9.1

To the maximum extent permitted by law, ProfitWis and its directors, officers, employees, contractors, licensors, agents, affiliates, and service providers exclude all liability for any direct, indirect, incidental, consequential, special, exemplary, punitive, commercial, reputational, or economic loss, including loss of profits, revenue, goodwill, business opportunity, data, tax position, or anticipated savings arising from or in connection with:

• access to or use of the Program;
• reliance on Program outputs or content;
• AI-assisted or automated outputs;
• outages, cyber incidents, technical failures, or interruptions;
• third-party content or services; or
• user-provided information.

9.2

Where liability cannot lawfully be excluded, ProfitWis's aggregate liability is limited, to the maximum extent permitted by law, to:

• resupply of the relevant services;
• repair or replacement of the relevant services; or
• the total Fees paid by you to ProfitWis during the twelve (12) months preceding the event giving rise to the claim,

as permitted under applicable law.

10.1

ProfitWis may suspend, restrict, or terminate your access to the Program immediately if you:

• breach these Terms;
• engage in unlawful, fraudulent, abusive, or prohibited conduct;
• fail to pay applicable Fees;
• compromise platform security or integrity; or
• misuse confidential or proprietary information.

10.2

You may discontinue use of the Program at any time, subject to any applicable payment or access commitments.

10.3

Termination does not affect accrued rights, payment obligations, confidentiality obligations, indemnities, intellectual property protections, or liability limitations arising before termination.

10.4

Upon termination or expiry of access, users may be provided with a reasonable opportunity, where practicable, to export or retrieve their User Content before deletion.

ProfitWis may retain or delete User Content and related data in accordance with its operational practices, backup procedures, legal obligations, security requirements, technical limitations, and Privacy Policy.

11.1

Each party must keep confidential all non-public, proprietary, commercial, financial, technical, or business information disclosed in connection with the Program ("Confidential Information").

11.2

You must not disclose, distribute, misuse, copy, or exploit Confidential Information except as required for authorised use of the Program.

11.3

Confidentiality obligations do not apply to information that:

• is publicly available other than through breach;
• was lawfully known prior to disclosure; or
• must be disclosed by law or regulatory requirement.

11.4

Confidentiality obligations continue after termination of these Terms for so long as the relevant information remains confidential in nature.

12.1

You agree to indemnify and hold harmless ProfitWis and its directors, officers, employees, contractors, and agents against any loss, liability, claim, demand, damage, or expense (including reasonable legal costs) arising from or connected with:

• your use or misuse of the Program;
• breach of these Terms;
• unlawful conduct;
• infringement of third-party rights; or
• unauthorised access arising from your failure to secure account credentials.

12.2

This indemnity applies to the maximum extent permitted by law.

13.1

ProfitWis is not liable for any delay, interruption, failure, degradation, or inability to perform arising from circumstances beyond its reasonable control, including:

• natural disasters;
• pandemics or public health emergencies;
• government actions or regulatory restrictions;
• cyber incidents;
• telecommunications failures;
• internet outages;
• labour disputes;
• power failures; or
• failures of third-party infrastructure, hosting, cloud, or service providers.

14.1

These Terms are governed by the laws of Western Australia and the Commonwealth of Australia.

14.2

You submit to the non-exclusive jurisdiction of the courts of Western Australia and Australia.

14.3

Users accessing the Program outside Australia do so at their own initiative and remain responsible for compliance with applicable local laws.

14.4

Before commencing formal legal proceedings, the parties agree to use reasonable efforts to resolve disputes through good faith discussions and negotiations.

Nothing in this clause prevents either party from seeking urgent injunctive or equitable relief where necessary.

15.1

ProfitWis may amend or update these Terms from time to time by publishing updated Terms on the website or Program.

15.2

Where material changes are made, ProfitWis will take reasonable steps, where reasonably practicable, to notify users through email notification, dashboard notice, or prominent notice within the Program.

15.3

Continued use of the Program after updated Terms take effect constitutes acceptance of the revised Terms.

15.4

If you do not agree to revised Terms, you must discontinue use of the Program.

16.1

If any provision of these Terms is found to be invalid, unlawful, or unenforceable, that provision will be severed and the remaining provisions will continue in full force and effect.

16.2

These Terms, together with the Privacy Policy and General Disclaimer, constitute the entire agreement between you and ProfitWis regarding the Program.

16.3

No waiver of any right or remedy is effective unless in writing. No failure or delay by ProfitWis in exercising any right or remedy constitutes a waiver of that right or remedy.

16.4

You may not assign, transfer, sublicense, or otherwise deal with your rights or obligations under these Terms without prior written consent from ProfitWis.

16.5

ProfitWis may provide notices electronically, including through email, dashboard notification, website publication, or notices within the Program.

Users are responsible for maintaining current and accurate contact information.

Electronic notices are deemed received on the next business day following transmission, provided no automated delivery failure notice is received.