Legal
Terms of Service
Last updated: March 2026
These Terms of Service (“Terms”) govern your access to and use of ProfitPlatform (“Platform”, “Service”), operated by ProfitPlatform (“we”, “us”, “our”). By signing up for or using ProfitPlatform, you agree to these Terms. If you do not agree, do not use the Service.
1. The Service
ProfitPlatform is a software-as-a-service (SaaS) platform providing marketing automation tools including CRM, SMS messaging, email marketing, phone system, booking calendar, automation workflows, and related features.
The platform is provided as a utility — a tool for your use. We do not provide marketing strategy, consulting, or campaign management as part of the standard subscription. These services are available separately under a consulting engagement.
2. Account Registration
You must provide accurate and complete information when creating an account. You are responsible for maintaining the security of your login credentials and for all activity that occurs under your account.
You must be at least 18 years old and authorised to enter into legally binding contracts to use the Service.
3. Subscription and Payment
Monthly Subscription
Your subscription fee of $149/month AUD (including GST) is billed monthly in advance via Stripe. Your subscription renews automatically each month on your billing date.
Setup Fee
The done-for-you setup fee of $495 (including GST) is a one-time payment for configuration services. This fee is non-refundable once setup work has commenced.
Usage Billing
Usage charges (SMS, phone calls, email sending, and AI features) are deducted from your prepaid wallet in real time. Your wallet is automatically topped up from your saved payment card. You are responsible for maintaining sufficient funds in your wallet.
Pricing Changes
We may change subscription pricing with at least 30 days’ written notice. Usage rates may change with at least 14 days’ notice. Continued use after the notice period constitutes acceptance of the new pricing.
4. Cancellation
You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. We do not provide pro-rata refunds for unused time. Upon cancellation, your account remains accessible until the billing period ends, after which your data is retained for 30 days before deletion.
5. Acceptable Use
You agree to use ProfitPlatform only for lawful purposes and in compliance with all applicable Australian laws, including the Spam Act 2003 (Cth), the Privacy Act 1988 (Cth), the Telecommunications Act 1997 (Cth), and ACMA guidelines for telemarketing and electronic marketing.
You must not use the platform to:
- Send unsolicited commercial messages without appropriate consent
- Harass, threaten, or abuse any person
- Send spam, bulk unsolicited messages, or messages that violate the Spam Act
- Violate any applicable law or regulation
- Attempt to interfere with or compromise the platform’s infrastructure
- Resell or sublicense access to the platform to third parties
6. Your Data
You retain ownership of all data you input into ProfitPlatform. You grant us a limited licence to process this data solely for the purpose of providing the Service. We do not sell your data or use it for advertising purposes.
You are responsible for ensuring you have appropriate legal basis to store and communicate with your own customers through the platform.
7. Intellectual Property
ProfitPlatform and its underlying technology are owned by us or our licensors. Nothing in these Terms grants you ownership of the platform software. You receive a limited, non-exclusive, non-transferable licence to use the Service during your subscription term.
8. Uptime and Support
We aim to maintain platform availability but do not guarantee 100% uptime. Planned maintenance will be communicated where possible. Email support for platform and technical issues is included in your subscription. We target a response time of 1 business day for support requests.
Consulting, strategy, and campaign management are not included in the standard subscription and must be arranged separately.
9. Limitation of Liability
To the maximum extent permitted by Australian law, ProfitPlatform’s total liability to you for any claim arising from or related to the Service shall not exceed the total fees you paid to us in the 3 months immediately preceding the event giving rise to the claim.
We are not liable for indirect, consequential, incidental, or special damages, including loss of profit, revenue, or data, even if we have been advised of the possibility of such damages.
Nothing in these Terms limits liability for death, personal injury caused by negligence, fraud, or any liability that cannot be excluded by law under the Australian Consumer Law.
10. Australian Consumer Law
Our Service comes with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the services re-supplied if they fail to be of acceptable quality.
11. Termination by Us
We may suspend or terminate your account if you: breach these Terms; fail to pay amounts owing; use the platform in violation of applicable law; or engage in conduct that we reasonably believe is harmful to other users or to ProfitPlatform.
12. Governing Law
These Terms are governed by the laws of Australia. Any disputes shall be subject to the exclusive jurisdiction of the courts of Australia.
13. Changes to These Terms
We may update these Terms from time to time. We’ll provide at least 14 days’ notice of material changes via email or through your account. Continued use after the notice period constitutes acceptance.
14. Contact
For questions about these Terms:
Email: hello@profitplatform.com.au