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The following policies apply to Profectus, Inc. ("Profectus," "we," "us," or "our") and our websites, software, subscriptions, consulting services, and other products and services, including Print Business Advisor and Cost Rates Advisor.
Profectus recognizes the importance of protecting the privacy, security, and confidentiality of information provided by our customers and users.
Our fundamental policy is simple: customer information is private and confidential. We do not make Customer Data publicly available, and we do not sell Customer Data.
This Privacy Policy explains how we collect, use, protect, and disclose information in connection with our websites, software, consulting services, and other products and services.
Profectus may collect contact and account information such as your name, company name, job title, email address, mailing address, telephone number, account information, subscription information, and communications with us. Customers using Print Business Advisor, Cost Rates Advisor, or our consulting services may also provide confidential business information, including financial statements, income statement and balance sheet information, payroll, revenues, expenses, profitability, labor and production costs, equipment and asset information, budgeted hourly rates, operational information, ratios, KPIs, benchmarking information, and other financial, operational, or business information ("Customer Data"). We may also automatically collect information related to the use of our websites and Services, including IP address, browser and device information, date and time of access, pages and features accessed, and diagnostic or security information.
Profectus uses information to provide, operate, support, secure, maintain, and improve our products and services. This includes administering accounts and subscriptions, performing calculations and analysis, providing reports and benchmarking, providing AI-assisted analysis, delivering consulting and customer support, communicating with customers, maintaining security, improving our products and services, and complying with applicable legal requirements. Customer Data Privacy and Confidentiality Customer Data submitted to Profectus, Print Business Advisor, or Cost Rates Advisor is private and confidential. Customer Data is not made publicly available and is not accessible to other Profectus customers, other Print Business Advisor or Cost Rates Advisor customers, other AI or ChatGPT users, or the general public. Profectus does not sell Customer Data or share identifiable Customer Data with third parties for their independent advertising or marketing purposes. Access to Customer Data is limited to Profectus personnel and authorized service providers that require access to provide, operate, support, maintain, or secure our products and services.
Certain Profectus products and services may use artificial intelligence ("AI") or AI-assisted technologies to analyze information, identify trends or issues, explain results, provide recommendations, and assist customers in understanding their business information. When an AI-powered feature is used, certain Customer Data may be securely transmitted to and processed by authorized AI technology providers solely as necessary to provide the requested functionality. Using an AI-powered feature within a Profectus product does not make Customer Data publicly available or accessible to other users of ChatGPT or other AI services. Profectus does not intentionally publish Customer Data through AI services, make identifiable Customer Data available to other AI users or the general public, or submit identifiable Customer Data for the purpose of training public AI models.
Profectus may use aggregated or de-identified information for industry benchmarking, statistical analysis, research, product improvement, and industry reporting. Information from multiple companies may be combined to develop industry averages, medians, ratios, costs, rates, KPIs, trends, and other benchmarking statistics. Information used for these purposes is aggregated or de-identified so that it does not reasonably identify an individual customer. Profectus will not intentionally identify an individual customer in externally distributed benchmarking information without that customer's permission.
Our websites and Services may use cookies, web beacons, log files, and similar technologies to maintain user sessions, authenticate users, remember preferences, analyze usage, improve functionality, measure communications, and maintain security. We may use this information for security, system administration, troubleshooting, statistical analysis, and improvement of our websites and Services.
Profectus may communicate with customers regarding accounts, subscriptions, customer support, product updates, educational information, products and services, and special offers. Customers may unsubscribe from non-essential marketing communications using the unsubscribe instructions contained in our emails. We may continue to send communications necessary to administer an account, subscription, transaction, or requested service.
Profectus may use trusted service providers for functions such as hosting, cloud computing, data storage, AI processing, payment processing, email delivery, analytics, communications, and security. These providers may access information only as reasonably necessary to perform services for Profectus. Profectus does not authorize them to sell identifiable Customer Data or use it for their independent advertising or marketing purposes.
Profectus may disclose information when required by applicable law, regulation, subpoena, court order, or other valid legal process. Information may also be disclosed when reasonably necessary to protect Profectus, our customers, or others; investigate fraud or security incidents; or establish or defend legal claims.
Profectus uses reasonable administrative, technical, and organizational safeguards designed to protect Customer Data against unauthorized access, use, disclosure, alteration, destruction, or loss. Access to confidential Customer Data is restricted to personnel and authorized service providers that require access to perform legitimate functions. However, no method of electronic transmission or storage can be guaranteed to be completely secure.
Profectus retains information for as long as reasonably necessary to provide our Services, maintain customer accounts and business records, comply with applicable requirements, and fulfill the purposes described in this Privacy Policy. Upon cancellation or termination of an account, Profectus has no obligation to continue maintaining Customer Data and may delete the Customer Data associated with the account. Customers should retain copies of information they wish to preserve before canceling their subscriptions. Aggregated or de-identified information that no longer reasonably identifies an individual customer may be retained for benchmarking, statistical analysis, research, and product improvement.
Profectus may update this Privacy Policy periodically. Changes will be posted on our website along with the updated revision date.
Certain Profectus products and services require a paid subscription. Available subscription plans, features, pricing, and billing frequencies are displayed at the time of purchase. Unless otherwise specified, a subscription is licensed for use by the subscribing company and may not be shared with another company. The number of authorized users or companies permitted under a subscription depends upon the subscription purchased.
Customers agree to pay the price and applicable taxes stated at the time of purchase. All prices are stated in U.S. dollars unless otherwise indicated. Profectus accepts the payment methods displayed during the purchasing process. Payment authorization must be successfully completed before a subscription or product may be activated. Profectus reserves the right to change prices and fees. Price changes applicable to an existing subscription will apply prospectively. Customers may cancel their subscriptions if they do not wish to continue at the new price. Discounts and promotional pricing are determined at the time of purchase and cannot be applied retroactively unless otherwise agreed by Profectus.
Unless otherwise stated at the time of purchase, subscriptions automatically renew according to the billing frequency selected by the customer. The payment method associated with the customer's account will be charged at the beginning of each renewal period. Customers are responsible for maintaining valid and current payment information.
If a payment method expires, is declined, or otherwise fails, Profectus may suspend or terminate access to the applicable subscription or service. The customer remains responsible for amounts properly incurred before suspension or termination and for reasonable costs associated with collecting unpaid amounts to the extent permitted by law.
One-time products and consulting services are generally charged at the time of purchase or according to the payment terms stated in the applicable proposal, engagement agreement, invoice, or order. If a separate written agreement applies to consulting or professional services, the terms of that agreement will control in the event of a conflict with this policy.
Profectus may offer promotional pricing or trial periods from time to time. The specific terms and duration of each promotion or trial will be provided when offered. If a promotion or trial converts to a paid subscription, the applicable subscription price and billing frequency will be disclosed when the customer enrolls.
Customers may cancel a subscription at any time through the account management area of the Profectus website or by contacting Profectus. Cancellation stops future subscription renewals. Unless otherwise provided under our Money-Back Guarantee or required by law, amounts already paid for the current subscription period are nonrefundable. Access to the subscription may end when cancellation becomes effective. Customers should download, print, export, or otherwise retain any information they wish to preserve before cancellation. Upon cancellation or termination, Profectus has no obligation to retain Customer Data and may delete Customer Data associated with the account.
We stand behind our software products. If you are dissatisfied with an eligible Profectus software subscription, you may request a 100% refund of the purchase price within 30 days of the initial purchase. Refund requests must be submitted to Profectus within 30 days of purchase. Approved refunds will generally be credited to the original payment method. Unless expressly stated otherwise, the 30-day Money-Back Guarantee applies to the initial purchase of an eligible software subscription and does not apply to subscription renewals, consulting services, custom services, or other purchases.
Profectus reserves the right to suspend or terminate an account or subscription for nonpayment, misuse of the Services, violation of the Terms of Use, security concerns, unlawful activity, or other reasonable business or legal grounds.
These Terms of Use govern access to and use of Profectus websites, software, subscription products, and related services, including Print Business Advisor and Cost Rates Advisor (the "Services"). By purchasing, accessing, or using the Services, you agree to these Terms of Use.
Subject to payment of applicable fees and compliance with these Terms, Profectus grants the customer a limited, non-exclusive, non-transferable right to access and use the purchased Services during the applicable subscription period. The number of permitted users, companies, accounts, or other usage rights is determined by the subscription purchased.
Profectus owns or licenses all rights, title, and interest in its websites, software, databases, designs, reports, methodologies, documentation, and other proprietary materials, including applicable copyrights, trademarks, trade secrets, and other intellectual property rights. Purchasing a subscription provides a right to use the applicable Service. It does not transfer ownership of the software or Profectus intellectual property to the customer.
Customers retain their rights in the Customer Data they provide to Profectus. Customers grant Profectus the right to process Customer Data as reasonably necessary to provide, operate, support, secure, maintain, and improve the Services and as otherwise described in the Profectus Privacy Policy. Profectus's collection, use, protection, and disclosure of Customer Data is governed by the Privacy Policy.
Customers may use the Services only for lawful business purposes and in accordance with their applicable subscription. Customers may not copy, reproduce, distribute, resell, sublicense, rent, lease, reverse engineer, decompile, disassemble, circumvent security measures, or create derivative works from Profectus software except where expressly authorized by Profectus or permitted by applicable law. Customers may not attempt to gain unauthorized access to the Services, other customer accounts, Profectus systems, or information belonging to another customer.
Customers are responsible for maintaining the confidentiality of usernames, passwords, and other account credentials and for activity conducted through their accounts. Customers should promptly notify Profectus if they become aware of unauthorized use of an account or other suspected security breach.
Profectus software provides financial, operational, cost, benchmarking, analytical, AI-assisted, and other business information based in part upon information provided by the customer. Customers are responsible for reviewing information, calculations, analyses, recommendations, and results and determining whether they are appropriate for their particular business circumstances. The Services are intended to assist business decision-making and are not a substitute for professional accounting, tax, legal, investment, or other professional advice when such advice is appropriate.
Profectus endeavors to maintain reliable access to its Services but does not guarantee uninterrupted or error-free operation. Services may occasionally be unavailable because of maintenance, updates, technical failures, telecommunications failures, third-party service interruptions, security events, circumstances beyond our reasonable control, or other operational reasons.
To the maximum extent permitted by applicable law, the Services are provided "as is" and "as available." Profectus disclaims warranties not expressly provided in writing, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Profectus does not warrant that the Services will always be uninterrupted, error-free, completely secure, or suitable for every customer's particular purpose.
To the maximum extent permitted by applicable law, Profectus will not be liable for indirect, incidental, special, consequential, or punitive damages arising from or relating to use of or inability to use the Services, including loss of profits, revenue, business opportunities, goodwill, or data. To the maximum extent permitted by law, Profectus's aggregate liability arising from a Service will not exceed the amount paid by the customer to Profectus for that Service during the applicable period giving rise to the claim. Some jurisdictions do not permit certain limitations of liability, so some limitations may not apply.
To the extent permitted by law, customers agree to indemnify and hold harmless Profectus, its officers, directors, employees, and agents from third-party claims, liabilities, damages, and reasonable expenses arising from the customer's unlawful use or misuse of the Services or material violation of these Terms.
Certain Services may depend upon or integrate with third-party technologies or service providers. Profectus is not responsible for third-party products or services outside of its reasonable control.
Profectus may suspend or terminate access to the Services for nonpayment, misuse, violation of these Terms, unlawful activity, security concerns, or other reasonable legal or business grounds. Upon termination, the customer's right to access the applicable Service ends. Customer Data may be deleted in accordance with the Privacy Policy and Cancellation Policy.
These Terms are governed by the laws of the State of Florida and applicable laws of the United States, without regard to conflict-of-law principles. To the extent permitted by applicable law, disputes relating to these Terms will be subject to the jurisdiction and venue of the appropriate state or federal courts located in Sarasota County, Florida.
Profectus may update these Terms from time to time. Updated Terms will be posted on the Profectus website with a revised effective date. Continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by applicable law.
Questions concerning these policies may be directed to: Profectus, Inc. 4587 Sandpine Lane Sarasota, Florida 34241 Phone: 941-379-8700 www.profectus.com
