Terms of Use

Last updated: 27 August 2026
Faith Computing Pty Ltd (ABN 94 138 361 510) trading as Profit Platform

These Terms of Use (Terms) govern your subscription to and use of the Profit Platform software as a service platform (the Platform), accessed via my.profitplatform.com.au and related domains, provided by Faith Computing Pty Ltd (ABN 94 138 361 510) trading as Profit Platform (we, us, our).

By creating an account, clicking to accept these Terms, or using the Platform, you (you, Customer) agree to these Terms.

1. Documents that form this agreement

1.1 This agreement is made up of these Terms together with:

(a) the Acceptable Use Policy;
(b) the SMS, Email and Voice Compliance Addendum;
(c) the Refund and Cancellation Policy;
(d) the Privacy Policy;
(e) the Website Terms and Conditions, to the extent they apply to your use of our website; and
(f) any order form, sign up page or written quote you accept.

1.2 If there is any inconsistency, the documents apply in this order of precedence: the order form or sign up page, then these Terms, then the Acceptable Use Policy and Compliance Addendum, then the Refund and Cancellation Policy, then the Privacy Policy, then the Website Terms and Conditions.

2. The Platform

2.1 The Platform is a subscription CRM and business growth toolset that provides customer relationship management, pipelines, funnels, landing pages, forms, email and SMS marketing, a phone system, booking and calendars, workflow automation, reputation management, ecommerce, ad management, courses, communities, document signing, tracking and analytics, and optional artificial intelligence tools.

2.2 The Platform is built on and delivered using third party infrastructure, including our third-party platform infrastructure provider, telephony and messaging carriers, email delivery providers, payment processors and hosting providers.

2.3 We may add, change or remove Platform features from time to time. Where we remove or materially reduce a feature you are actively using, we will give you at least 30 days notice unless the change is required by a third party provider, by law, or to address a security risk. If a change under this clause has a material adverse effect on you, you may cancel under clause 21 without penalty.

3. Eligibility and your account

3.1 You must be at least 18 years old and, where you are entering into these Terms on behalf of a business, authorised to bind that business.

3.2 You are responsible for the accuracy of your account details, for keeping login credentials secure, and for all activity that occurs under your account. This includes activity by your staff, contractors, and any sub-accounts or client accounts you create or grant access to.

3.3 You must notify us promptly at admin@profitplatform.com.au if you become aware of any unauthorised access to your account.

4. Fees, billing and price changes

4.1 The core Platform is billed monthly in advance at the rate confirmed to you at sign up and set out in your tax invoice. Current pricing is published on our website. The subscription is month to month with no minimum term and no lock in contract.

4.2 We may change our fees. If we do, we will give you at least 30 days written notice before the new fee takes effect. You may cancel your subscription at any time before the new fee takes effect, in which case the new fee will not apply to you and no cancellation fee or penalty applies. If you do not cancel, the new fee applies from the date stated in the notice.

4.3 Optional add on services, including AI Voice Agent and AI Chat, SEO and Local Listings, and Call Tracking, are billed in addition to the core subscription at the rates confirmed at the time you add them. Clause 4.2 applies equally to changes in add on pricing.

4.4 Usage based charges, including call minutes, SMS and MMS messages, recording and storage, and AI usage, are billed as incurred at the rates published or notified to you. Because these charges reflect costs passed through from carriers and other suppliers, the applicable rates may change on shorter notice than clause 4.2 provides where a supplier changes its rates. We will notify you of any such change as soon as we reasonably can.

4.5 By providing a payment method you authorise us, and our payment processor, to charge that payment method on a recurring basis for all subscription fees, add on fees and usage charges as they fall due, and to retry a failed charge. You authorise us to accept updated card details supplied automatically by your card issuer or through a card updater service so that billing continues without interruption. You must keep a valid payment method on file for as long as your account is active.

4.6 We will issue a tax invoice for each charge. Invoices are made available in your account and, where you have provided a billing email address, sent to that address.

4.7 All fees are stated in Australian dollars and include GST unless stated otherwise.

5. Trials, credits and promotions

5.1 Any welcome credit, promotional credit or discount we apply is a one off, non cash, non transferable credit toward Platform fees. It has no cash redemption value, cannot be exchanged, and expires on cancellation of your account.

5.2 Where we offer a free or discounted trial period, your subscription converts to the standard rate at the end of that period unless you cancel first. We will tell you the conversion date before the trial begins.

6. Your responsibilities

6.1 You must use the Platform only for lawful purposes and in accordance with these Terms and the Acceptable Use Policy.

6.2 You are responsible for the content, accuracy and legality of all data, content and communications you upload to, store in, or send using the Platform.

6.3 You must comply with the SMS, Email and Voice Compliance Addendum whenever you use the Platform’s messaging or calling features.

6.4 You must not use the Platform in a way that breaches the terms of the third party providers whose infrastructure the Platform relies on, where those terms have been made available to you.

7. Marketing, messaging and calling compliance

7.1 Where you use the Platform’s email, SMS, RCS, voice calling or AI voice features to contact your own customers, leads or any other person, you are solely responsible for obtaining every consent required by law and for complying with all applicable marketing, telecommunications, surveillance and privacy laws. These include the Spam Act 2003 (Cth), the Do Not Call Register Act 2006 (Cth), the Telecommunications (Interception and Access) Act 1979 (Cth), state and territory surveillance devices legislation, and the Privacy Act 1988 (Cth).

7.2 We supply the tools. We do not create, review, approve or control the content, timing or recipient list of your communications, and we are not the sender, telemarketer or advertiser for the purposes of those laws.

7.3 The Compliance Addendum sets out your obligations in more detail, including in relation to call recording and AI voice disclosure. It forms part of these Terms.

8. Personal information about your contacts

8.1 If you use the Platform to collect, store or communicate with your own customers, leads or other individuals, you are the entity that decides why and how that personal information is handled. You are responsible for having your own privacy notice, for collecting the information lawfully, and for obtaining any consents required.

8.2 We handle that personal information in accordance with our Privacy Policy, the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and we use it only to provide, support, secure and bill for the Platform, or as you otherwise instruct us, or as required by law.

8.3 You must ensure your own privacy notice and practices are consistent with the way the Platform handles personal information, including the fact that some processing and storage occurs outside Australia. Our Privacy Policy sets out where.

8.4 We do not use your data, or personal information about your contacts, to train artificial intelligence or machine learning models for our own purposes or for the benefit of other customers. Where an AI feature is delivered by a third party model provider, we use providers that contractually commit not to train on customer inputs, and we will tell you if that position changes.

9. Third party services

9.1 The Platform depends on and integrates with third party infrastructure and services, including our platform infrastructure provider, payment processors, telephony and SMS carriers, email delivery providers and AI model providers.

9.2 Subject to clause 18, we are not liable for outages, errors, delays, or acts or omissions of those third parties. We will work with you in good faith to resolve issues we can influence, and will keep you informed of significant third party incidents affecting your account.

10. Intellectual property

10.1 We and our licensors retain all rights in the Platform, the underlying software, our documentation and our branding. Nothing in these Terms transfers any of those rights to you.

10.2 You retain all rights in the content and data you upload to or generate in the Platform. You grant us a non-exclusive, royalty free licence to host, copy, transmit, display and process that content and data to the extent necessary to provide, support and secure the Platform for you, and to comply with law. This licence ends when the content is deleted, subject to backups being overwritten in the ordinary course.

10.3 If you give us feedback or suggestions about the Platform, we may use them without obligation to you.

11. Availability and support

11.1 We aim to keep the Platform available and performing well. We do not guarantee uninterrupted or error free access, because the Platform depends on third party infrastructure outside our control.

11.2 We may carry out scheduled maintenance. Where maintenance is likely to cause a material interruption and we have advance notice from our providers, we will give you as much notice as is reasonably practicable.

11.3 Support is available through the channels published in your account or on the Website, during the hours stated there. Support does not include building your funnels, writing your campaigns or configuring your automations unless we have separately agreed to provide those services.

12. Confidentiality

12.1 Each party must keep the other’s confidential information confidential, use it only for the purposes of this agreement, and disclose it only to personnel and advisers who need it and are bound by equivalent obligations.

12.2 This clause does not apply to information that is public through no fault of the receiving party, was already lawfully known, is independently developed, or must be disclosed by law.

13. Security and data breaches

13.1 We take reasonable technical and organisational steps to protect the Platform and the data it holds, and we rely on the security controls of our infrastructure providers.

13.2 If we become aware of a data breach affecting your data that is likely to result in serious harm, we will notify you without undue delay and comply with our obligations under the Notifiable Data Breaches scheme in the Privacy Act 1988 (Cth). We will give you the information you reasonably need to meet your own notification obligations.

14. Suspension

14.1 We may suspend your access to the Platform, or to a particular feature, where:

(a) you have not paid an amount that is due, and it remains unpaid 7 days after we have notified you;
(b) you are in breach of these Terms, the Acceptable Use Policy or the Compliance Addendum, and have not fixed the breach within 7 days after we have notified you of it;
(c) suspension is reasonably necessary to protect the security or integrity of the Platform, our other customers, or a third party;
(d) we are required to suspend by a third party provider, a carrier, or by law; or
(e) we reasonably suspect fraudulent, unlawful or seriously abusive use.

14.2 Where the ground for suspension is 14.1(c), (d) or (e), we may suspend immediately without prior notice. In every case we will notify you of the suspension and the reason as soon as reasonably practicable, and will restore access promptly once the ground for suspension has been resolved.

14.3 Suspension does not suspend your obligation to pay fees for the period of suspension, unless the suspension was not caused by your act or omission.

15. Termination

15.1 You may cancel at any time in accordance with the Refund and Cancellation Policy.

15.2 We may terminate this agreement:

(a) immediately, by notice, if you commit a material breach that cannot be fixed, or that you have not fixed within 14 days after we notify you of it;
(b) immediately, by notice, if you become insolvent, enter external administration, or a similar event occurs;
(c) immediately, by notice, if we are required to do so by law or by a third party provider whose infrastructure the Platform depends on; or
(d) for any other reason, by giving you at least 30 days written notice, in which case we will refund the unused portion of any fees you have paid in advance.

15.3 Termination does not affect any right or remedy either party has accrued before termination.

16. Your data after cancellation or termination

16.1 Your account remains accessible until the end of your current paid billing period.

16.2 After that, we will retain your account data in an exportable state for 30 days. During that window you may log in on a limited basis, or ask us, to export your contacts, conversation history, forms, funnels and other data in a commonly used format. We do not charge for a standard export.

16.3 After the 30 day window ends we may permanently delete your account data. Residual copies may remain in encrypted backups for a further period until those backups are overwritten in the ordinary course, generally within 90 days, after which they are deleted.

16.4 Where we are required by law to retain particular records, including billing records, we retain those for the period the law requires.

16.5 We will not withhold your data because of a billing dispute, provided you have paid all undisputed amounts.

16.6 Phone numbers provisioned to you through the Platform stay assigned to your account while it is active. If you cancel, you may ask to port a number to another provider, and we will give you the information reasonably needed to do so. We hold provisioned numbers for 30 days after your account ends, after which they are released back to the carrier and cannot be recovered. Porting depends on the receiving carrier accepting the number, and a carrier may charge a porting fee. Start a port before your account ends, because a released number cannot be returned to you.

17. Consumer guarantees

17.1 Our services come with guarantees that cannot be excluded under the Australian Consumer Law. Nothing in these Terms excludes, restricts or modifies any guarantee, right or remedy you have under the Australian Consumer Law or any other law to the extent it cannot lawfully be excluded, restricted or modified.

17.2 Where the Australian Consumer Law permits us to limit our liability for a failure to comply with a consumer guarantee, and the services are not of a kind ordinarily acquired for personal, domestic or household use or consumption, our liability is limited, at our option, to supplying the services again or paying the cost of having them supplied again.

18. Liability

18.1 This clause is subject to clause 17.

18.2 To the maximum extent permitted by law, the Platform is provided as is, and we exclude all warranties, conditions and representations that are not expressly set out in these Terms.

18.3 To the maximum extent permitted by law, neither party is liable to the other for any loss of profit, loss of revenue, loss of anticipated savings, loss of business opportunity, loss of goodwill, or any indirect or consequential loss, however caused.

18.4 To the maximum extent permitted by law, our total aggregate liability to you for all claims arising out of or in connection with this agreement, whether in contract, tort including negligence, under statute or otherwise, is limited to the total fees you paid us in the 3 months immediately before the event giving rise to the first claim.

18.5 The limits in clauses 18.3 and 18.4 do not apply to our fraud, wilful misconduct, or liability that cannot be limited by law.

18.6 Each party must take reasonable steps to mitigate its loss.

19. Indemnity

19.1 You indemnify us against any liability, loss, cost or expense, including reasonable legal costs, that we suffer as a result of a third party claim against us arising from:

(a) your breach of clause 6, 7 or 8, the Acceptable Use Policy, or the Compliance Addendum;
(b) your unlawful use of the Platform; or
(c) content or data you upload to, store in, or send using the Platform.

19.2 This indemnity does not apply to the extent the liability, loss, cost or expense was caused or contributed to by our own breach of this agreement, our negligence, or our unlawful act.

19.3 We must notify you promptly of any claim we intend to seek indemnity for, must not admit liability or settle without your consent (which must not be unreasonably withheld), and must allow you a reasonable opportunity to take over the defence of the claim, provided you accept responsibility for it.

20. Reselling and sub-accounts

20.1 If you provide sub-accounts or Platform access to your own clients, you remain responsible for their compliance with this agreement and for handling any dispute or complaint about their use.

20.2 You must ensure your clients are bound by terms at least as protective of us as this agreement.

20.3 We may require you to suspend a sub-account we reasonably believe is breaching this agreement, and if you do not do so within a reasonable time we may suspend it ourselves under clause 14.

21. Changes to these Terms

21.1 We may change these Terms. If a change is more than minor, we will give you at least 30 days written notice before it takes effect, by email to your account address or by prominent notice in the Platform.

21.2 If a change would have a material adverse effect on you, you may cancel your subscription at any time before the change takes effect, without any cancellation fee or penalty, and we will refund the unused portion of any fees paid in advance for the period after cancellation takes effect.

21.3 If you do not cancel before the change takes effect, the amended Terms apply from that date.

21.4 We may make minor changes, such as correcting errors, clarifying wording, or reflecting a new feature you are not required to use, without notice.

22. Dispute resolution

22.1 If a dispute arises, the party raising it must notify the other in writing setting out the nature of the dispute and the outcome sought.

22.2 The parties must then meet, in person or by video or phone, within 14 days and try in good faith to resolve the dispute.

22.3 If the dispute is not resolved within 30 days of the notice, either party may commence proceedings.

22.4 This clause does not prevent either party from seeking urgent interlocutory relief, and does not limit your right to complain to a regulator or an external dispute resolution scheme.

23. Force majeure

Neither party is liable for a failure or delay in performing an obligation, other than an obligation to pay money, to the extent it is caused by an event beyond its reasonable control, including natural disaster, fire, flood, epidemic, war, civil unrest, industrial action, government action, failure of a telecommunications carrier or utility, or a large scale internet or cloud infrastructure outage. The affected party must notify the other and use reasonable efforts to work around the event. If the event continues for more than 30 days, either party may terminate on notice.

24. Notices

24.1 Notices to us must be sent to admin@profitplatform.com.au.

24.2 Notices to you may be sent to the email address on your account, or given by prominent notice in the Platform.

24.3 A notice sent by email is taken to be received on the day it is sent, unless the sender receives a delivery failure notice or it is sent after 5pm on a business day or on a non-business day, in which case it is taken to be received on the next business day. Business day means a day other than a Saturday, Sunday or public holiday in Sydney, New South Wales.

24.4 You must keep the email address on your account current. We are not responsible for a notice you do not receive because your account email address is out of date.

25. Assignment

25.1 You may not assign or novate this agreement without our prior written consent, which will not be unreasonably withheld.

25.2 We may assign or novate this agreement to a purchaser of our business or assets, or to a related body corporate, on notice to you, provided the assignee agrees to be bound by these Terms.

26. General

26.1 If any provision is unenforceable, it is severed and the rest of the agreement continues.

26.2 A failure or delay in exercising a right is not a waiver of it.

26.3 This agreement is the entire agreement between the parties about its subject matter and replaces all earlier representations and agreements, except that nothing in this clause excludes liability for misleading or deceptive conduct.

26.4 Nothing in this agreement creates a partnership, joint venture, employment or agency relationship.

26.5 The parties may execute or accept this agreement electronically.

27. Governing law

This agreement is governed by the laws of New South Wales, Australia. Each party submits to the non-exclusive jurisdiction of the courts of New South Wales and the courts able to hear appeals from them.

28. Contact

Faith Computing Pty Ltd trading as Profit Platform
Kirrawee, NSW, Australia
Email: admin@profitplatform.com.au
Phone: +61 413 099 279