Terms of Service
Overview
Effective date: to be set. Plain-English draft under counsel review; the final binding text will be posted here.
These Terms of Service ("Terms") are a binding agreement between you and Inventive Group, Inc., a Texas corporation doing business as ProfitFinder ("ProfitFinder," "we," "us"). They govern this website, the ProfitFinder engagement, and the ProfitFinder software - including our QuickBooks Online app and any dashboards, reporting, or AI-powered features we make available (together, the "Services").
If you have signed a separate engagement agreement, statement of work, or order form with us, that document controls where it conflicts with these Terms.
These Terms include an individual arbitration provision and a class-action waiver (Section 14). You may opt out within 30 days (Section 14.6).
1. Agreement to terms
By using this website, starting an engagement, or connecting the ProfitFinder app to your systems, you agree to these Terms. If you are accepting on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and "you" means that entity. If you do not agree, do not use the Services.
2. Eligibility and use
- You must be at least 18 years old to use the Services.
- The Services are for business use. They are not offered for personal, family, or household purposes.
- You must comply with US export-control and sanctions laws, including OFAC regulations. You may not use the Services in embargoed territories or if you are a sanctioned party.
3. Your account and system access
You are responsible for the accuracy of the information you give us, for keeping credentials secure, and for all activity under your account. You are also responsible for having the authority to grant us access to the systems you connect or share with us, and for ensuring that access is permitted by your own agreements with those providers.
Tell us immediately at hello@inventive.io if you suspect unauthorized access or need access revoked. If your account was created for you by an organization, that organization controls the account and the data in it.
4. The Services
4.1 The engagement. ProfitFinder is a standing professional-services engagement. We trace how money moves through your business, produce a data-flow map you correct, and then do the work the map points at - instrumentation so profit leaks become visible, automation so repeatable work stops consuming your people, or both. Scope, staffing, and sequence are set by the engagement itself, not by a fixed feature list.
4.2 The software. Our first product is an app that connects to QuickBooks Online. Dashboards and reporting tools will follow. Today, retainer clients get the tooling as part of the work. When the software is offered as a separately priced subscription, its price and any subscription-specific terms will be published, and those terms will apply to that subscription.
4.3 License. We grant you a limited, non-exclusive, non-transferable, revocable right to access and use the ProfitFinder software for your internal business purposes during your engagement or subscription.
4.4 Prohibited activities. You may not: use the Services unlawfully; probe, breach, or test the security of the Services; reverse engineer or copy the software; resell or sublicense access; introduce malware or infringing content; interfere with other clients' use; or use automated means to scrape the Services.
4.5 AI features. Parts of the Services use artificial intelligence to generate output such as summaries, flags, analysis, and suggestions ("Output"). Output is generated automatically and may be inaccurate or incomplete. You are responsible for reviewing Output before relying on it, and you must not use Output as the sole basis for decisions that produce legal or similarly significant effects about individuals. As between you and ProfitFinder, you own the Output generated from your data; it is part of your Client Data.
4.6 Connected systems. The Services connect to third-party systems you choose - QuickBooks Online and whatever else your business runs on. Your use of a connected system is governed by that provider's own terms, and your connection is yours to revoke at any time. We are not responsible for third-party systems, for their availability, or for the accuracy of the data they return, and we may change or remove integrations.
4.7 Changes to the Services. We may improve, modify, or discontinue features. We will make reasonable efforts to notify you of material changes that reduce functionality you pay for.
5. Fees, billing, and the retainer
5.1 The number. The engagement is a flat monthly retainer, published at Pricing. There are no tiers and no percentage of what you save, invoice, or collect. If a separate order form or statement of work states a different fee, that document controls.
5.2 Billing. The retainer is billed monthly in advance. You authorize us to charge your designated payment method or to invoice you on the terms stated in your order form. Amounts are stated in USD and exclude taxes; you are responsible for applicable taxes. If a payment fails or an invoice goes unpaid, we may, after reasonable notice, pause the work and suspend access.
5.3 Expenses. Third-party costs incurred for your benefit - software licenses, data services, travel - are billed at cost and only when you have approved them in advance.
5.4 Stopping. This is a standing engagement, not a term commitment. You may end it at any time; it ends at the close of the billing month then in progress. Fees for periods already delivered are non-refundable, and partial months are not credited. We think you should be able to stop, and the value ledger we keep is the argument for staying.
5.5 Price changes. We may change the retainer or published software prices with at least 30 days' notice, effective at your next billing period.
6. Your data
6.1 Ownership. You own your business data - the accounting records, job costs, invoices, expenses, exports, and files you give us or connect to us, and the data we retrieve from your connected systems on your instruction ("Client Data"). You grant ProfitFinder a non-exclusive, worldwide, royalty-free license to access, host, and process Client Data solely to deliver, secure, support, and improve the Services for you.
6.2 Aggregated data. We may create and use aggregated, de-identified statistics derived from use of the Services, provided they identify neither you nor any person nor any company.
6.3 No training on your data. We do not use Client Data or data retrieved from your connected systems to train generalized AI models, and we do not expose one client's data to another.
6.4 Privacy. Our Privacy Policy describes how we handle personal data, including what our QuickBooks Online app reads and how to disconnect it.
7. Intellectual property and deliverables
7.1 Your deliverables. On payment, you own the work product we produce specifically for you - your data-flow map, your analysis, your reports, your value ledger, and the configuration of your instrumentation.
7.2 Our IP. ProfitFinder and its licensors retain all rights in the Services and in everything we bring to the engagement: our software, models, methods, frameworks, templates, and tooling, including improvements to them. Where our pre-existing materials are embedded in your deliverables, we grant you a perpetual, non-exclusive license to use them as part of those deliverables for your internal business purposes.
7.3 Feedback. If you send us ideas or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.
8. Confidentiality
This engagement runs on your financial records, so confidentiality is the point rather than a formality. Each party will protect the other's non-public information with reasonable care, use it only to perform under these Terms, and not disclose it except to employees and contractors bound by confidentiality obligations. A party may disclose confidential information when legally compelled, with prompt notice to the other party where lawful. These obligations survive the end of the engagement.
9. Publicity
We will not use your name, logo, or the details of your engagement publicly without your prior written approval. Where you have approved it, we may identify you as a client in customer lists, case studies, and marketing, and you may withdraw that approval for future use by emailing hello@inventive.io.
10. Suspension and termination
10.1 Suspension. We may suspend access immediately if needed to address a security threat, fraud, a legal requirement, unpaid fees after notice, or a material violation of these Terms.
10.2 Termination by you. You may end the engagement or stop using the software at any time, as described in Section 5.4.
10.3 Termination by us. We may end the engagement with 30 days' notice for any reason, or immediately for a material breach of these Terms. If we terminate without cause, we will refund any prepaid fees covering the period after termination.
10.4 After termination. Your license ends and we stop accessing your connected systems. For 30 days after termination you may request an export of your Client Data and deliverables; after that we delete Client Data as described in the Privacy Policy. You are responsible for maintaining your own records and backups. Sections 6, 7, 8, 11, 12, 13, 14, and 15 survive.
11. Professional-advice disclaimer
ProfitFinder is not an accounting firm, a CPA firm, an auditor, a tax advisor, a law firm, or a registered investment advisor, and nothing we deliver is accounting, audit, tax, legal, or investment advice. We do not prepare or file your taxes, issue audited financial statements, or express an opinion on your financial statements.
Our analysis depends on the accuracy and completeness of the data in your systems, including what your connected systems return. You remain responsible for your books, your filings, your regulatory obligations, and your business decisions. Keep your accountant. We will happily work alongside them.
12. Disclaimers
The software is provided "as is" and "as available." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Services will be uninterrupted, error-free, or secure, and we do not guarantee any particular financial result, saving, or amount of profit recovered. We will perform the engagement in a professional and workmanlike manner.
13. Limitation of liability
To the fullest extent permitted by law: (a) neither party is liable for indirect, incidental, consequential, special, or punitive damages, or for lost profits, revenue, or data; and (b) ProfitFinder's aggregate liability arising out of these Terms is limited to the fees you paid us in the 12 months preceding the claim. These limits do not apply to your payment obligations, your indemnification obligations, either party's breach of confidentiality, or either party's infringement of the other's intellectual-property rights.
14. Governing law, disputes, and arbitration
14.1 Governing law. These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules. Subject to Section 14.2, the state and federal courts located in [to be set], Texas have exclusive jurisdiction.
14.2 Arbitration. Any dispute arising out of these Terms or the Services will be resolved by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, seated in [to be set], Texas, conducted in English before a single arbitrator. The Federal Arbitration Act governs this section. Either party may instead bring an individual claim in small-claims court, or seek injunctive relief in court for intellectual-property or confidentiality claims.
14.3 Class waiver. Disputes will be resolved only on an individual basis. Neither party may participate in a class, consolidated, or representative action. If this waiver is found unenforceable for a claim, that claim proceeds in court, not arbitration.
14.4 Informal resolution first. Before filing arbitration, the complaining party must send a written description of the dispute to the other party and negotiate in good faith for 45 days.
14.5 Time limit. Any claim must be brought within one year after it accrues, or it is permanently barred.
14.6 Opt-out. You may opt out of arbitration (Sections 14.2 to 14.4) by emailing hello@inventive.io or mailing Inventive Group, Inc. [to be set] within 30 days of first accepting these Terms, stating your name, account email, and intent to opt out.
15. Indemnification
You will defend and indemnify ProfitFinder and its officers, directors, and employees against third-party claims arising from your Client Data, from your failure to have the rights needed to grant us access to a connected system, from your use of the Services in violation of these Terms, or from your violation of law or third-party rights. We will notify you promptly of any claim and cooperate with your defense.
16. General terms
- Non-solicitation. During the engagement and for 12 months after, neither party will knowingly solicit the other's employees or contractors who worked on the engagement. General job advertising is not solicitation.
- Independent contractor. We are an independent contractor. These Terms create no partnership, joint venture, employment, or agency relationship.
- Force majeure. Neither party is liable for delay or failure caused by events beyond its reasonable control, excluding payment obligations.
- Notices. We may notify you via your account email or in-app. Legal notices to us go to Inventive Group, Inc., d/b/a ProfitFinder, [to be set], or hello@inventive.io.
- Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
- Entire agreement. These Terms, the Privacy Policy, and any signed engagement agreement or order form are the entire agreement and supersede prior agreements. Terms on your purchase orders have no effect.
- Severability; no waiver. If a provision is unenforceable, it will be narrowed minimally and the rest remains in effect. Failure to enforce a right is not a waiver.
- No third-party beneficiaries except the indemnified parties in Section 15.
17. Changes to these Terms
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. Continued use after the effective date is acceptance; if you do not agree, stop using the Services before the new terms take effect.
18. Contact
Questions about these Terms: hello@inventive.io.
Draft status
This draft is under counsel review and is not yet the final binding text. Questions in the meantime? Email hello@inventive.io or start the conversation.