Terms of Service

These Terms are a binding agreement between Vivid Software LLC, a Florida limited liability company doing business as ProfitForged (“ProfitForged,” “we,” “us”) and the business entity that subscribes to the Service (“Customer,” “you”). If you accept these Terms on behalf of a company, you represent that you are authorized to bind that company.

The Service is offered to businesses only. It is not a consumer product and is not intended for personal, family, or household use.

ProfitForged is a subscription software platform for restaurant and food-service operations, made up of separately purchasable modules (Inventory, Pulse, Books, Bar Ops). Your subscription entitles you to the modules you have purchased, for the number of locations and users in your plan.

We may add, change, or remove features. If we materially reduce a feature you are paying for, we will give you notice and you may cancel for a prorated refund of the unused period.

You are responsible for your account, for every user you invite, and for keeping credentials secure. Tell us promptly at hello@profitforged.com if you believe an account has been compromised.

You will not exceed the location or user limits of your plan, share logins between people, reverse-engineer the Service, resell it, or use it to build a competing product.

Subscriptions are billed in advance through our payment processor. Fees are based on your plan tier, number of locations, and number of users. If you add locations or users mid-cycle, charges are prorated.

Cancel any time. Cancellation takes effect at the end of the current billing period. We do not provide refunds for partial periods except where required by law or where we have materially reduced a feature under Section 2.

If payment fails, we may suspend access after a grace period. We will not delete your data during suspension — see Section 7.

You own all data you put into the Service — your invoices, counts, recipes, sales, employee records, and financial records (“Customer Data”). We claim no ownership of it.

You grant us only the limited right to host, process, transmit, and display Customer Data as needed to operate the Service for you, to provide support you request, and to create de-identified aggregate statistics that cannot reasonably be used to identify you or your business.

We do not sell Customer Data. We do not use your financial data to train AI models.

You are responsible for having the right to upload what you upload — including employee personal information, wage records, and any data covered by privacy or employment law. If your business employs minors, you are responsible for handling their records lawfully.

You will not upload payment card numbers, Social Security numbers beyond what a field explicitly asks for, or protected health information. The Service is not designed for those and is not a PCI or HIPAA compliant environment.

We maintain a written security program covering access control, tenant isolation, encryption in transit, encrypted backups, and incident response. We test it and update it. Security is a commitment to effort and process, not a guarantee that no incident will ever occur.

Backups are our practice, not your only copy. You are responsible for exporting anything you cannot afford to lose. Export is available while your subscription is active.

After termination we retain Customer Data for 30 days so you can export it, then delete it on a scheduled purge. You may request earlier deletion in writing.

If we become aware of a breach of security leading to unauthorized access to your Customer Data, we will notify you without undue delay and in no case later than 72 hours after confirming it, describe what we know, and tell you what we are doing. Where the law places notification duties on you as the employer or business owner, those remain yours.

This matters, so it is stated plainly. The Service performs calculations, produces reports, and can generate journal entries. It does not provide accounting, tax, legal, or financial advice, and it is not a substitute for a qualified professional.

You are responsible for reviewing the output, for the accuracy of what you enter, and for every filing, return, payment, and financial statement you produce. Automated categorization, AI-assisted invoice reading, and forecasting are aids that can be wrong and must be reviewed by a person before you rely on them.

The Service runs on third-party infrastructure — hosting, database, payment processing, email delivery, and AI document reading. Those providers are listed in our Privacy Policy. We choose them carefully but we do not control them, and we are not liable for their outages or their own failures beyond our obligations in these Terms.

We aim for high availability but do not commit to a specific uptime percentage at current pricing. We perform maintenance, and providers we depend on have outages. If you need a contractual service level, contact us about an enterprise agreement.

The service is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, non-infringement, and any warranty that the service will be uninterrupted, error-free, or that any calculation or report will be accurate.

The cap. To the maximum extent permitted by law, our total aggregate liability for all claims arising out of or relating to the Service or these Terms — whether in contract, tort, negligence, strict liability, or otherwise — will not exceed the total fees you actually paid us in the six (6) months immediately preceding the event giving rise to the claim. If you have paid us nothing in that period, our total liability is zero.

In no event will we be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost or corrupted data, business interruption, regulatory fines, or the cost of substitute services — even if we were advised such damages were possible.

These limits are a fundamental part of the bargain. The price of the Service reflects them. Without them, we would not offer the Service at this price.

What the cap does not cover. Nothing in these Terms limits liability that cannot be limited by law. Depending on your jurisdiction that may include fraud, fraudulent misrepresentation, willful misconduct, gross negligence, or death or personal injury caused by negligence. Your obligation to pay fees is also not capped. Some jurisdictions do not allow some of these exclusions, in which case they apply to the fullest extent permitted.

You will defend and indemnify us against third-party claims arising from your Customer Data, your use of the Service in violation of these Terms or of law, or your infringement of a third party’s rights. We will defend and indemnify you against third-party claims that the Service itself infringes a US patent, copyright, or trademark, provided you notify us promptly and let us control the defense. Our indemnity obligation is subject to the cap in Section 13.

Each side will protect the other’s non-public information with at least reasonable care and use it only to perform under these Terms. This does not apply to information that is public, independently developed, or lawfully received from someone else.

We may suspend the Service for non-payment after notice, or immediately if your use threatens the security or integrity of the platform or other customers. Either side may terminate for material breach that is not cured within 30 days of written notice. Sections 5, 6, 9, 12, 13, 14, 15, and 17 survive termination.

These Terms are governed by the laws of the State of Florida, USA, without regard to conflict-of-law rules.

Any dispute will be resolved by binding individual arbitration seated in Escambia or Santa Rosa County, Florida, or by videoconference. You and we each waive the right to a jury trial and to bring or participate in a class action, to the extent permitted by law. Either party may still bring an individual claim in small-claims court.

We may update these Terms. For material changes we will give at least 30 days’ notice by email or in-app before they take effect. Continuing to use the Service after that means you accept them. If you do not, cancel before the effective date.

These Terms are the entire agreement between us on this subject. If a provision is held unenforceable, the rest stays in force and that provision is enforced to the maximum extent permitted. Our failure to enforce something is not a waiver. You may not assign these Terms without our consent; we may assign them to a successor in a merger or sale of the business.

Contact: hello@profitforged.com