Terms of business

ProfitM8 works out what a job costs a business to deliver, and what it must therefore charge. It is a pricing and margin tool. It is not a payroll system, a bookkeeping system, an accounting package, or a substitute for professional advice, and nothing it produces is a filing, a return or a statement of tax due.

How its figures should be read is set out in the calculations and disclaimer, which forms part of these terms.

We contract with you, the practice. You contract with your own clients. We have no contractual relationship with the businesses you set up in ProfitM8, and we do not advise them.

You are responsible for what you and your people do in the account, including everything done by logins you create for your clients.

• £9 per client business per month, excluding VAT.
• The first five client businesses are free, for as long as your account is open.
• A business counts from the day you create it until the day you archive it. Archiving frees the seat immediately; we do not charge for part months after archiving.
• Collected monthly in arrears by Direct Debit through GoCardless. We never see or hold your bank details.
• We may change the price on 30 days' notice. If you don't accept it, you can cancel before it takes effect.

If a payment fails we will tell you and try again. If it remains unpaid after 30 days we may suspend the account; we will not delete anything without telling you first.

• You can cancel at any time, effective at the end of the month you are in.
• We can end this agreement on 30 days' notice, or immediately if the account is used unlawfully or in a way that puts the service or other customers at risk.
• On cancellation your data stays available to export for 90 days, and is then deleted from live systems. It ages out of backups after that, on the backup cycle described in the privacy policy.

Tell us before the 90 days are up if you need longer, and we will not delete it.

You keep ownership of everything you put in. We claim no rights over it beyond what we need to run the service for you.

Where ProfitM8 holds personal data on your behalf — your clients' staff, their pay rates and hours, and their own customers' details — you are the data controller and we are your processor. Those terms are in the data processing agreement, which forms part of this agreement.

That means you are responsible for having a lawful basis for putting that data in, and for telling the people concerned. We will help, but we cannot do it for you.

You agree not to:

• share a login between people — invite them their own, it is free;
• put data in that you have no right to hold;
• attempt to break, overload, scrape or reverse-engineer the service, or circumvent the seat allowance;
• resell or white-label ProfitM8 as your own product beyond the branding it offers.

Branding ProfitM8 with your own logo and colours, and presenting it to your clients as part of your service, is expressly allowed — that is what it is for.

We aim to keep ProfitM8 available at all times but do not guarantee it, and we do not offer a service level with credits. We will give notice of planned maintenance where we can.

We take off-site backups daily. Backups are a safety net for us, not a service we provide to you — keep your own records of anything you cannot afford to lose.

Nothing here limits liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be limited.

Subject to that, and to the extent permitted by law: we are not liable for loss of profit, loss of business, loss of goodwill, or for indirect or consequential loss; and our total liability in any twelve-month period is limited to the fees you paid us in that period.

In particular, and as set out in the disclaimer, we are not liable for decisions taken on the basis of ProfitM8's figures — including work priced below cost, tax or National Insurance under- or over-stated, or a threshold missed. The figures are an aid to pricing, and the judgement remains yours.

ProfitM8, its name, its logo and the software remain ours. You get a non-exclusive, non-transferable right to use it while your subscription is live. Your branding stays yours.

We may change these terms. Material changes will be notified and you will be asked to accept the new version when you next sign in; continuing to use ProfitM8 after accepting means you agree to them.

This agreement is governed by the law of the Isle of Man, and the courts of the Isle of Man have exclusive jurisdiction. If something has gone wrong, tell us first — most things are fixable with a conversation.