Legal

Terms and Conditions

Effective Date: January 1, 2026  ·  ProfitWisAdvisory Pty Ltd  ·  ABN 00 000 000 000

Provider: ProfitWis Pty Ltd (ACN 690 086 545) ("ProfitWis", "we", "us", "our")

By accessing or using the ProfitWis program or website (“Program”), you (“User”, "you") agree to these Terms and Conditions. If you do not accept them, do not access or use the Program.

1. Eligibility

1.1 The Program is intended for individuals or businesses capable of entering into a binding agreement under Australian law.
1.2 By using the Program, you warrant that you are eligible and legally entitled to enter this agreement.
1.3 If you are located outside Australia, you must ensure that your use of the Program complies with all local laws applicable to you.

2. Free Trial

2.1 New users may be offered a 7 days free trial (“Trial”).
2.2 No payment or credit card information is required to access the Trial. Any subscription following the Trial requires explicit consent and acknowledgement of fees.
2.3 You may discontinue use at any time during the Trial; no charges will apply.
2.4 All Trial data may be deleted immediately upon discontinuation, subject to operational or technical retention only.

3. Subscription and Payment

3.1 To continue using the Program after the Trial, you must subscribe (“Subscription”) via the website.
3.2 Subscription fees (“Subscription Fee”) must be paid as specified on the website. Fees are exclusive of GST and any other applicable taxes, which you are responsible for.
3.3 Subscription renewal, failed payment, or refund terms will be handled as specified at the point of subscription. Refunds are only provided as explicitly stated at the time of subscription. Failed or overdue payments may result in suspension until resolved.
3.4 ProfitWis reserves the right to suspend or terminate access for non-payment.

4. Licence

4.1 Subject to payment of the Subscription Fee and compliance with these Terms, ProfitWis grants you a non-exclusive, non-transferable, non-sublicensable licence to access and use the Program for your internal business purposes only.
4.2 You must not, without prior written consent from ProfitWis:
• Copy, modify, reverse engineer, disassemble, decompile, or create derivative works of the Program;
• Resell, sublicense, lease, rent, or distribute the Program;
• Share the Program or content with unauthorized third parties;
• Use the Program in a network, time-sharing, or multiple-user arrangement not expressly permitted;
• Use the Program to develop a substantially similar product or software.
For the avoidance of doubt, you may not copy or create software or services that replicate the functionality, design, or structure of the Program
4.3 All intellectual property, including copyrights, trademarks, logos, and trade secrets, remain the property of ProfitWis or its licensors. No rights are transferred except as expressly granted in these Terms.
4.4 Obligations under this clause survive termination of your licence.

5. User Obligations and Security

5.1 You must:
• Keep login credentials confidential; Profitwis is not responsible for losses resulting from circumstances beyond its reasonable control, including unauthorized third party access.
• Notify ProfitWis immediately of unauthorized use or security breaches;
• Use the Program only for lawful purposes and in compliance with these Terms.
5.2 You warrant that all information provided to ProfitWis is accurate and complete to the best of your knowledge.
5.3 You accept responsibility for any use of the Program under your account.

6. Privacy and Data Handling

6.1 ProfitWis limits collection of personal and sensitive information to the minimum necessary for operation of the Program.
6.2 We do not collect Tax File Numbers (TFNs), government identifiers, banking login details, or unrelated sensitive data.
6.3 Client financial information provided voluntarily may be used only to deliver advisory services. Such information is not verified, audited, or independently validated. All financial information provided by users is accepted ‘as is’ and used solely for advisory purposes; Profitwis does not verify, audit, or guarantee its accuracy.
6.4 Data collected will be handled in accordance with our Privacy Policy, which is incorporated by reference.

7. Third-Party Content

7.1 The Program may include content from third parties. ProfitWis does not endorse, verify, or guarantee accuracy of third-party content.
7.2 Linking to or relying on third-party content is at your own risk. ProfitWis disclaims all liability for loss or damage arising from such content.
7.3 Any references, advertisements, or links to third party content do not imply endorsement or recommendation.

8. Disclaimers and Warranties

8.1 The Program and all content are provided “as is” and without any representation, warranty, or guarantee, whether express or implied.
8.2 To the extent permitted by law, ProfitWis expressly disclaims all warranties including:
• Accuracy, reliability, completeness, or suitability;
• Fitness for a particular purpose;
• Non-infringement;
• Error-free operation; and
• Security from viruses or malicious software.
8.3 Nothing in these Terms excludes rights that cannot be excluded by law.

9. Limitation of Liability

9.1 To the maximum extent permitted by law, ProfitWis, its officers, agents, or employees will not be liable for any:
• Direct, indirect, consequential, special, economic, or punitive damages;
• Loss of profits, revenue, data, or business opportunity;
• Claims arising from reliance on or use of the Program.
9.2 Where liability cannot be excluded, it is limited, at ProfitWis’s discretion, to:
• Replacement or repair of services; or
• Resupply of services or payment of the cost thereof.

10. Termination

10.1 ProfitWis may terminate or suspend your licence immediately if you:
• Breach these Terms;
• Attempt to transfer or assign your rights without consent;
• Disclose or misuse confidential information.
10.2 Termination does not release you from obligations accrued prior to termination, including payment, confidentiality, and indemnity obligations.
10.3 Upon termination, users will be notified and access will cease immediately. Data may be deleted unless otherwise required by law or technical limitations.

11. Indemnity

11.1 You agree to indemnify and hold harmless ProfitWis, its directors, officers, employees, and agents against any loss, liability, claim, or demand arising from:
• Your use of the Program;
• Breach of these Terms; or
• Unauthorized use of credentials or confidential information.
11.2 This indemnity is subject to applicable law and enforceable to the maximum extent permitted.

12. Governing Law and Jurisdiction

12.1 These Terms are governed by the laws of Western Australia.
12.2 You submit to the exclusive jurisdiction of the courts of Western Australia to resolve any disputes arising from these Terms.
12.3 Users outside Australia agree to the jurisdiction to the extent permitted by law.

13. Changes to Terms

13.1 ProfitWis may update these Terms at any time by posting changes on the website.
13.2 Material changes will be communicated via email or dashboard notice. Continued use constitutes acceptance of the revised Terms.
13.3 If you do not agree to changes, you must immediately discontinue use.

14. General

14.1 If any clause is found to be illegal, invalid, or unenforceable, the remainder of these Terms remains in full force.
14.2 These Terms represent the entire agreement regarding the Program and supersede any prior agreements or communications.
14.3 You may not assign, transfer, or sublicense your rights without ProfitWis’s written consent.