Terms of Service

1. Terms

These Terms apply to users of the website, apps, platform and services ("Products") offered by Summer Works Pty Ltd (ABN 41 624 550 018) ("Summer Works"), under the trade mark "Profe" and otherwise. In using a Product or creating an account with us, you acknowledge that you have read and understood these Terms, and are deemed to have agreed to these Terms on behalf of yourself and your Authorised Users. If you do not agree to any of these Terms, then you should not use the Products.

We may change these Terms by uploading updated Terms on our website. If you continue to use the Products, your use will be governed by the updated Terms.

2. Definitions

"Authorised User" means any person or entity on whose behalf you use a Product, or who uses a Product through your account.

"Customer" means the person or entity who registers to use the Products by creating an account.

"Customer Data" means content you provide, store and process through the Products.

"Intellectual Property" means all intellectual property rights, including patents, copyright, trade marks and any application or right to apply for registration of any of these rights. Intellectual Property of Summer Works includes the following (whether as owner or licensee):

  • the Products and these Terms;
  • content, presentations, advice, ideas, strategy, information, data and other information technology relating to or connected with the Products; and
  • source code, operating code, object code, algorithms, platform design and structure, look and feel, trade dress and get-up, Application Programming Interface, plug-in capability, links, user interface, back-end interface and other elements of the Products.

"Loss" means any loss, liability, cost, charge, expense, tax or damage of any nature whatsoever, including direct loss, lost profits, loss of goodwill, loss of business, loss of production and any other damages, losses or expenses (howsoever arising or caused, including negligence).

"You" means the Customer and (where the context permits) includes any Authorised Users.

3. Products

Subject to payment of any fees charged by Summer Works and compliance with these Terms, Summer Works grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to use the Products.

Your use of the Products is subject to the service description, fees, and conditions that apply to the Product which you've purchased, as specified at the time of sign up or via upgrade options chosen. We may update the Product terms from time to time by notification. If an update substantially and adversely affects you, you may cancel your account and we will provide a refund for any unused credits or pre-payment.

Your access to the Products will continue until you cancel your account or access is terminated in accordance with these Terms. Summer Works will endeavour to maintain the availability of the Products, except during planned downtime for upgrades and maintenance, but does not guarantee that Products are available on a continuous, fault free, full service and full throughput basis.

4. Account information

You will create an Account to access and use the Products. You agree to provide, and keep updated, accurate, current and complete account information. You are responsible for the confidentiality of your account and any conduct or activity undertaken in your account, by any of your Authorised Users or any other person that obtains your login details.

We provide the Products under these terms for the benefit of the Customer only. The Customer will indemnify Summer Works against any claims or loss relating to any Authorised User's use of or access to the account.

5. Cancellation of accounts

We can cancel or suspend your account at any time on written notice to you if:

  • you have failed to pay any Fees on time;
  • you have committed a breach of these Terms and failed to rectify that breach upon being given 7 days' written notice to do so;
  • we believe that your use of the Products may cause legal liability for us or other customers of ours;
  • we believe that your conduct, acts or omissions threaten, interfere or impact upon the integrity or credibility of Summer Works or our Products; or
  • we decide to withdraw your Product altogether.

You are entitled to cancel your account with Summer Works at any time by following the prompts when you are logged into your account. If you have unused credit or paid-up period, you will not be entitled to any refund unless we agree otherwise.

If your account is cancelled by either party, all of your rights granted under these Terms will immediately come to an end. We are not liable for any loss or damage following, or as a result of, cancellation of your account, and it is your responsibility to ensure that any content or data which you require is exported, backed-up or replicated. Cancellation of your account shall be without prejudice to the rights and liabilities of the parties which arose prior to the cancellation.

6. Fees and taxes

The fees charged for use of our Products are as notified on our website or App. We can change the Fees, and/or introduce new pricing packages and terms, at any time. The new Fees will apply immediately to any newly purchased Product. Fees are non-refundable. If payment is made by direct debit, you authorise us to debit the Fee for each payment due under your Product. We may charge a small processing fee.

Charges and imposts for transactions, currency conversion, withholding, deduction, processing or similar, may be applied by third parties such as our bank, your bank, a credit provider, a government tax authority, a payment platform or other intermediary, and are additional to our Fees.

7. Your Obligations

You acknowledge and agree:

  • You and any Authorised User must be over 18 to use the Products;
  • Summer Works relies on multiple inputs to develop and provide our Products, and we do not guarantee the completeness, accuracy or reliability of data provided by the Products or any third parties;
  • We do not provide any medical, health, financial, legal or other professional services or advice;
  • You are solely responsible for ensuring that you comply with all applicable laws and regulations.

Your use of the Products and any information you provide to us must not:

  • infringe any third party's copyright, patent, trademark, trade secret, intellectual property or other proprietary rights or rights of publicity or privacy;
  • violate any applicable law;
  • create liability for us or cause us to lose (in whole or in part) the services or custom of our internet service provider, other users or other suppliers;
  • breach or violate any of our policies notified on our website from time to time;
  • transmit any material that is defamatory, offensive or otherwise objectionable;
  • contain any viruses, trojan horses, worms, time bombs, trap doors, back doors, easter eggs, spiders, robots, screen scrapers, data aggregation tools or other devices or other computer programming routines that may or are intended to damage, modify, delete, interfere with, surreptitious intercept, access without authority or expropriate any system, data or personal information or otherwise affect the integrity, operation or security of the Products;
  • damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
  • collect, store, input, upload, post, disclose or transmit personal information or data about others, other than in the course of legitimate use of our Products; or
  • attempt to gain unauthorised access to our Products or computer systems or networks connected to them through any means.

8. Restrictions on use of Products

The Intellectual Property of Summer Works is a valuable business asset. You must not:

  • collect or harvest any information or data from the Products or our systems or attempt to decipher any transmissions to or from the servers running any Products;
  • reverse engineer, decompile or disassemble the Products or any part thereof;
  • interfere with or disrupt the Products, or servers or networks connected to the Products, or disobey any requirements, procedures, policies or regulations of networks connected to the Products;
  • use Products for any purpose that is inconsistent with the permitted purposes set out herein or the purpose of the Products.

9. Use by Artificial Intelligence programs is prohibited

To protect our Intellectual Property and the integrity of the Products and data provided by our Customers, Summer Works applies the following rules to Customers and anyone else accessing or using Products, including by utilisation of Artificial Intelligence applications and agents.

  • Anti-Screen Scraping & Data Harvesting — Users may only access Products through our official user interface. You agree not to use any automated software, 'bots,' 'spiders,' 'crawlers,' or other data mining techniques to scrape, harvest, or download data, content, or user information from the platform. Any screen scraping, data harvesting, reproduction of our database, creation of derivative works, or automated interaction with our services is strictly prohibited.
  • Prohibition of AI Training — You may not use our Intellectual Property, the Products or their content, or any data generated by the Products for the purpose of training, fine-tuning, prompting, testing, or improving any machine learning models, artificial intelligence agents, or similar technologies, whether on a commercial or non-commercial basis.
  • No Replication — You may not develop a replacement, competing or substitute product to any part of the Products based on the business logic or confidential or proprietary information accessed by you.
  • Consequences of Breach — We reserve the right to block, without notice, any user, agent or IP address that breaches our Terms. We will seek injunctive relief and damages (including an accounting for any profits you make) for any breach.

10. Limitations of our Products

Subject to applicable laws, the Products are provided on an "as is" and "as available" basis, and your use of them is at your sole risk. We will try to promptly address all technical issues that arise in connection with the Products. We do not warrant that: (a) the Products will meet your specific requirements; (b) the Products will be uninterrupted, timely, secure, or error-free; (c) the Products will be accurate or reliable; (d) the quality of any products, services, information, or other material purchased or obtained by you through the Products will meet your expectations; or (e) any errors in the Products will be corrected.

Summer Works may use third party suppliers to provide hardware, software, networking, connectivity, storage, data and other technology in order to provide the Products. The acts and omissions of those third party suppliers may be outside of Summer Works' control, and Summer Works does not accept any liability for any loss or damage suffered as a result of any act or omission of any third party supplier.

Summer Works may use AI tools and technologies to develop and provide our Products, and make them available to you in the course of using our Products. AI-generated insights and materials such as market predictions, health alerts, compliance records, chatbot output and agentic suggestions are provided only to assist users, can be inaccurate, incomplete or hallucinated, and should not be relied on. You remain responsible for verifying such insights and materials, and for all actions taken and decisions made in the course of your Product usage, including where you engage our AI agent to perform a function for you.

Under Australian Consumer Law and similar consumer protection laws, specific guarantees may apply to our services, such as that they will be fit for purpose, meet the service description and be provided with due care and skill. Nothing in these Terms overrides your rights under consumer protection laws. Otherwise, to the maximum extent permitted by law, Summer Works shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages in relation to our Products, including but not limited to, damages for loss of profits, business, goodwill, use, data or other intangible losses (even if Summer Works has been advised of the possibility of such damages, and even if caused by our negligence, recklessness, human error or Product defect).

In any case where Summer Works cannot exclude its liability completely, Summer Works' maximum aggregate liability under or in connection with these Terms or your use of the Products is limited to the amount of Fees paid by you to us in the 6 months prior to the event first giving rise to the liability.

11. Intellectual property

The parties acknowledge and agree that as between the parties: (a) all intellectual property owned or licensed by either party prior to the start of these Terms shall remain the property of that party; and (b) Summer Works retains full right title and interest in the Products, including any improvements and developments contributed to by you or any other party.

You agree not to: (a) invalidate or put in dispute any of our title to our Intellectual Property; (b) copy, reproduce, alter, modify, create derivative works, or publicly display any of our Intellectual Property except with our prior written permission; or (c) modify or remove any copyright or proprietary notices on our Intellectual Property.

You own the intellectual property rights in Customer Data and retain those rights. You grant Summer Works a royalty-free, irrevocable, perpetual licence to use the Customer Data for: (a) purposes related to providing the Products; (b) our business purposes (including for product improvement, research and development, data analytics and other legitimate commercial purposes); (c) preventing or addressing service or technical problems; and (d) as may be required under law.

We warrant that we will aggregate or anonymise Customer Data where we use it for business purposes and the identity of entities is not relevant, and that we will not use Customer Data for AI training.

You warrant that you have obtained consent for the provision and use of personal information contained in Customer Data, and that the Customer Data you provide to us will not breach the provisions of any law, statute or regulation or infringe the privacy, intellectual property rights or other legal rights of any person.

12. Privacy

The Privacy Policy on our website sets out our obligations in respect of personal information. You will be taken to have agreed to the Privacy Policy on behalf of yourself and Authorised Users when you accept these terms.

13. Data Protection

You are solely responsible for making copies and backing up Customer Data inputted into the Products. Although we will implement best practice policies and procedures to prevent data loss including making commercially reasonable attempts to backup all Customer Data, we make no guarantees that (a) there will be no loss or corruption of Customer Data (b) backups will be made and (c) backups will be valid and not corrupt. We will maintain appropriate technical and organizational measures to protect the security of the Customer Data that you input into the Products. However, we cannot rule out that Customer Data and our Products may be improperly disclosed or accessed, or affected by human error, technical error or deficiency, viruses, or malicious or unauthorised users. Customer Data is transmitted by you at your own risk.

14. Third Party Integration

In the provision of certain features and services, Summer Works, on receipt of instructions from you, may transfer data held in your Summer Works account to, and otherwise interact with, third party service providers who provide services that you have elected to integrate with the Product. You may be required to enter into separate contractual agreements with the third party. Summer Works is in no way liable for the provision of the services or the handling and processing of any data by the third party.

15. General

We work with a number of partners, value added resellers and other third parties to promote, market and integrate other products and services with the Products. In some cases, we may receive a commission from those partners and third parties for referring our customers to them, or we may pay a commission to third parties where customers are referred to us.

If a party does not require the other party to perform an obligation, or does not immediately enforce its rights, that will not mean that the party waives its rights.

You are not permitted to assign, sub-licence, novate or transfer these Terms or any of the rights licensed under them. These Terms shall be governed by Australian law, and you submit to the exclusive jurisdiction of the Australian courts for any matter or dispute arising in relation to these Terms.

16. Additional Terms for Apple App / Google Play Store downloads

If you have downloaded an App from the Apple App or Google Play Stores, the following additional terms and conditions apply:

  • These Terms are solely between you and Summer Works, and not with Apple or Google. We (and not Apple or Google) are solely responsible for the App and its content (subject to these Terms). You acknowledge that Apple or Google has no obligation to furnish any maintenance or support services to you in connection with the App.
  • In the event of any failure of the App to conform to any warranty that might be contained or implied into these Terms, you may notify Apple or Google, and Apple or Google will refund the purchase price (if any) for the App. Except for the foregoing, to the maximum extent permitted by applicable law, Apple or Google will have no other warranty obligation whatsoever with respect to the App.
  • Any claim in connection with the App related to product liability, a failure to conform to applicable legal or regulatory requirements, claims under consumer protection or similar legislation or intellectual property infringement are governed by these Terms, and Apple is not responsible for such claims.
  • You must comply with the App / Play Store Terms of use, including the Usage Rules.
  • Apple / Google and their subsidiaries are third party beneficiaries to these Terms and, upon your acceptance of them, Apple or Google will have the right to enforce these Terms against you.
  • All other terms and conditions of these Terms apply to your use of the App.
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