Terms of service

These terms are an agreement between you and Kila Enterprises Pty Ltd, Brisbane, Australia ("Profitry", "we", "us"). By creating an account or using Profitry you agree to them. If you are using Profitry on behalf of a business, you confirm you have authority to bind that business.

The service

Profitry is a software service that connects to your Google Ads and Google Merchant Center accounts, analyses their performance and product profitability, recommends changes and, with your approval or where you have enabled automation, applies those changes on your behalf. Profitry is in early access. Features may change, be added or be removed, and the service may be unavailable from time to time.

Your account

You must provide accurate information, keep your password secure and tell us promptly if you believe your account has been compromised. You are responsible for everything done through your account. You must be at least 18 years old to use Profitry.

Your responsibility for your ad accounts and spend

Your Google Ads and Merchant Center accounts remain yours. You are responsible for all advertising spend, budgets, bids and targets in those accounts, including changes Profitry makes at your direction or under automation rules you have enabled. You decide which recommendations to approve and which types of change to automate, and you can turn automation off at any time. You must comply with Google's terms and advertising policies, and you must have the right to connect any account you connect to Profitry.

Profitry reads data from, and writes changes to, your accounts only through the Google APIs and only with the permissions you grant. Profitry never edits your primary Merchant Center product feed. Product listing changes are made through a separate supplemental data source that you can remove at any time.

No guarantee of results

Profitry provides analysis and recommendations based on the data available to it. We do not guarantee any particular level of profit, revenue, return on ad spend, ranking, approval rate or other outcome. Advertising results depend on many factors outside our control, including Google's systems, your market, your products and your pricing. You should review recommendations with your own judgement before approving them.

Fees

Profitry is currently free during early access. Paid plans, pricing, billing periods and refund terms will be described at launch and published at profitry.com.au. We will give you reasonable notice before any fee applies to your account, and you may cancel before it does.

Acceptable use

You must not use Profitry to break the law, infringe anyone's rights, interfere with the service or other users, attempt to gain unauthorised access to any system or data, reverse engineer the service, or resell it without our written permission.

Your data and privacy

You own your data. You give us permission to use it to provide and improve the service as described in our privacy policy, which forms part of these terms.

Intellectual property

Profitry, including its software, design, models and content, is owned by Kila Enterprises Pty Ltd and its licensors. We grant you a limited, non-exclusive, non-transferable licence to use the service for your business while these terms apply.

Limitation of liability

To the extent permitted by law, Profitry is provided "as is" without warranties of any kind, and we are not liable for any indirect, incidental, special or consequential loss, or for loss of profit, revenue, data or goodwill, arising from your use of the service or any changes made to your advertising accounts through it. Where liability cannot be excluded, our total liability to you for all claims is limited to the greater of the fees you paid us in the 12 months before the claim and AUD 100.

Nothing in these terms excludes or limits any guarantee, right or remedy you have under the Australian Consumer Law or other law that cannot be excluded.

Termination

You may stop using Profitry and delete your account at any time. We may suspend or end your access if you breach these terms, if required by law, or if we discontinue the service, in which case we will give you reasonable notice where we can. On termination we will delete your Google OAuth tokens immediately and your other data as described in the privacy policy. Sections that by their nature should survive, including limitation of liability and governing law, continue to apply.

Changes to these terms

We may update these terms. We will post the new version on this page and update the date at the top, and we will email you about material changes. Continuing to use Profitry after a change takes effect means you accept the new terms.

Governing law

These terms are governed by the laws of Queensland, Australia. You and we submit to the non-exclusive jurisdiction of the courts of Queensland and the courts entitled to hear appeals from them.

Contact

Kila Enterprises Pty Ltd
Brisbane, Queensland, Australia
legal@profitry.com.au