Terms of Service — Profitdrive.app
These Terms of Service ("Terms") govern your access to and use of the Profitdrive application ("Profitdrive" or "Service"), operated by Bosch Consulting Group Pty Ltd (ABN 68 666 257 941), trading as Profitdrive.app, located at Level 3, 478 George Street, Sydney NSW 2000 ("we", "us", "our").
By accessing or using Profitdrive, you ("Customer", "you") agree to these Terms.
1. The Service
Profitdrive is a cloud-based application for forecasting, resource planning, financial modelling, and operational insights for IT Services and Professional Services businesses.
We may update or improve features continually. Beta features may be released from time to time and are provided as-is.
Customer Data
"Customer Data" means all data, information, files, and content submitted, uploaded, or otherwise provided by the Customer or its authorised users through the Service. Customer Data always remains the property of the Customer.
2. Account Registration
You must provide accurate information when creating an account and keep your login credentials secure.
You are responsible for all activity under your account.
3. Payments, Billing & Merchant of Record (Paddle)
All subscription payments, invoicing, taxes, refunds, and billing queries are handled by Paddle.com, acting as our Merchant of Record.
- Paddle issues invoices and receipts
- Paddle manages global taxes (GST/VAT/sales tax)
- Refunds follow Paddle's Refund Policy
We do not handle or store any payment card information.
Paddle.com Market Limited acts as the Merchant of Record for all transactions. Customers contract commercially with Paddle for billing and payment processing. All tax calculations, invoicing, refunds, and chargebacks are managed by Paddle according to its own policies.
4. Customer Responsibilities
You must:
- Use the Service lawfully
- Not attempt to copy, reverse-engineer, bypass, or disrupt the Service
- Ensure any data you upload is lawful and accurate
- Maintain adequate local backups of your exported data (if required)
You acknowledge Profitdrive provides planning and forecasting tools but does not provide financial, tax, legal, or accounting advice.
5. Data Ownership & Use
You retain ownership of all data uploaded to the Service ("Customer Data").
By using Profitdrive, you grant us a licence to store, process, transmit, and display Customer Data as required to operate the Service.
We may analyse aggregated, anonymised usage patterns to improve the Service.
We will never sell Customer Data or share identifiable data with third parties except service providers necessary to deliver the Service (e.g., hosting, authentication, email delivery).
6. Data Storage & Security
Customer Data is stored securely on Supabase (hosted in Singapore).
We implement modern security measures including encryption in transit and at rest.
However, no cloud service is completely free from risk.
Accordingly, the Service is provided on a reasonable efforts security basis and not a guarantee of absolute protection.
You are responsible for managing user-level security, including MFA and access controls within your organisation.
7. Confidentiality
Each party agrees to keep the other party's confidential information private and not disclose it except:
- to employees or contractors who need to know,
- when required by law, or
- where the information is already public.
This obligation survives termination.
8. Service Availability
We aim to maintain reliable availability and performance. However:
- No uptime guarantee is provided.
- Planned maintenance may occur.
- Third-party provider outages (Supabase, Paddle, email systems) are outside our control.
9. Intellectual Property
We retain all rights, title, and interest in the Service, its code, design, trademarks, features, and all related intellectual property.
Nothing in these Terms transfers ownership of our IP to you.
10. Warranties & Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind.
We do not guarantee:
- uninterrupted service
- accuracy of forecasts or financial outcomes
- compliance with accounting standards
- ability to achieve specific business results
You remain responsible for business decisions based on outputs generated by the Service.
10A. No Professional Advice
Profitdrive provides modelling, forecasting, and planning tools only. Outputs are generated from Customer Data and assumptions provided by the Customer. We do not provide financial, tax, accounting, investment, or legal advice. The Customer remains solely responsible for all decisions made using the Service and for verifying the accuracy and suitability of any resulting outputs.
11. Limitation of Liability
To the maximum extent permitted by law:
- We are not liable for indirect, incidental, special, consequential, or exemplary damages, including loss of profits, revenue, data, or goodwill.
- Our total aggregate liability arising from the Service is limited to the fees paid by you in the preceding 3 months.
This limitation does not apply to our gross negligence or wilful misconduct.
12. Indemnity
You agree to indemnify and hold us harmless from any claim arising from:
- your misuse of the Service,
- your breach of these Terms, or
- your violation of any laws or third-party rights.
13. Termination
You may stop using the Service at any time.
We may suspend or terminate access if you breach these Terms or misuse the Service.
Upon termination:
- You may export your data (if available)
- We may delete Customer Data between 30 and 90 days after termination of the account.
14. Changes to Terms
We may update these Terms periodically. The latest version will always be available on our website.
Continued use of the Service constitutes acceptance of the updated Terms.
15. Governing Law
These Terms are governed by the laws of New South Wales, Australia.
Any disputes will be resolved through the courts of NSW or an agreed arbitration process.
16. Contact
For any questions:
contact@profitdrive.app
17. Entire Agreement
These Terms constitute the entire agreement between the parties regarding the use of the Service and supersede all prior discussions, proposals, or agreements (whether written or oral). Any additional or conflicting terms provided by the Customer are expressly rejected unless agreed in writing.