Terms of Service and End User License Agreement

Effective October 31, 2026

These terms are an agreement between you and Swift Profit Systems, LLC ("Swift Profit Systems," "we," "us"), a Michigan company based in Traverse City. They cover three things: this website, our advisory services, and Profit Brain, the private software platform we set up for clients. You accept these terms by signing an engagement agreement that refers to them, by signing in to Profit Brain, or by using this website. If you are using Profit Brain on behalf of a business, you are agreeing for that business and confirm you have the authority to do so. In these terms, "client" means the business we serve, and "you" means the client and each person it authorizes to use Profit Brain.

1. If you have a signed agreement with us

Most clients sign an engagement agreement that sets out the scope of work, fees and term. If that agreement and these terms disagree, the signed agreement wins, except that the sections on connecting your systems and on clients in licensed cannabis always apply. Anything the signed agreement does not address is governed by these terms.

2. What Profit Brain is

Profit Brain is a private, web-based platform that we configure for each client. With your permission, it connects to the business systems you choose, such as QuickBooks Online, Canix, Palomar, GoHighLevel and Google Drive, and it can take in spreadsheet files you give it. It reads information from those systems, organizes it, and produces a daily briefing and recommendations about your business. Where it suggests a change to one of your systems, it presents that change for a person to review and approve. Each client's data is kept separate from every other client's.

3. Your license to use Profit Brain

While you are a client in good standing, we grant you a limited, non-exclusive license, which cannot be passed on to anyone else and which we can revoke as these terms allow, for the people you authorize in your business to use Profit Brain for your own internal business purposes. The license ends when the engagement ends or when these terms end, whichever comes first.

You agree not to:

• share your access with anyone outside your business, or resell or rent the platform;
• copy, modify, reverse engineer or try to extract the platform's software, except where the law expressly allows it;
• try to reach any data that is not your business's own, or test or bypass the platform's security;
• use the platform for anything unlawful.

4. Accounts and sign in

Only people you authorize may have an account. People sign in with a link sent to their email, so keeping that email account secure is part of keeping Profit Brain secure. Tell us right away at elliot@swiftprofitsystems.com if you think someone has used an account without permission. You are responsible for what happens under your business's accounts, and you can ask us to remove a user at any time.

5. Connecting your systems

Profit Brain connects to a system only after someone with authority over that system grants access through the system's own sign in and permission screen (for example, Intuit's screen for QuickBooks). By connecting a system, you confirm you are allowed to give us that access. You can withdraw access at any time: remove the connection in Profit Brain's settings, disconnect the app inside the other system (in QuickBooks, from the list of connected apps), or ask us to do it for you.

Your use of QuickBooks, Canix, Palomar, GoHighLevel, Google and any other connected service is also governed by that provider's own terms. We do not control those services and are not responsible for their availability or accuracy. Intuit, Canix, Palomar, GoHighLevel, Google and the other providers of connected systems are not parties to these terms. They give no warranty about Profit Brain and have no liability to you for it. Your QuickBooks data is handled as described in our Privacy Policy.

6. The data you connect or upload

The systems you connect and the files you upload contain information about other people: your customers, your employees and the people on your calls. You are responsible for that information. By connecting or uploading it, you confirm that you have the right, under the law and your own agreements, to share it with us for the purposes in these terms, including any consent needed to record meetings and share their transcripts. Please do not upload Social Security numbers, bank or card numbers, medical information, or anything you are not permitted to share. Profit Brain is not built to handle those, and we may remove them if we find them.

7. Nothing changes without a person's approval

Profit Brain is built so that it does not write to, edit or delete anything in a connected system on its own. Every change it proposes is shown to an authorized person first, and nothing happens unless that person approves that specific change. Every proposal, approval, rejection and resulting change is recorded in an audit trail you can ask to see. Because you are the one approving, please review each proposed change before you approve it.

8. Your data

You own your business data, including everything Profit Brain reads from your systems and the briefings and reports it produces for you. You give us permission to use that data only to provide our services to you. We do not sell it, we do not share it with other clients, and we do not use it to train AI models. Our Privacy Policy explains exactly what we collect, where it is stored and who processes it.

When an owner or administrator of your business asks us to, or when our engagement ends, we will disconnect your systems and delete your data from Profit Brain within 30 days and confirm in writing when it is done. Our Privacy Policy lists the few things that remain for a limited time afterwards: backup copies, Anthropic's short retention, and the audit trail with business content removed. If you want a copy of your briefings or audit trail first, tell us and we will provide it before deleting.

9. Confidentiality

We will keep your business data and anything else you tell us in confidence, use it only to serve you, and share it only with the service providers named in our Privacy Policy, with people in our firm who need it, or when the law requires. You will keep confidential anything about how Profit Brain works that is not public. These duties last for as long as the information stays confidential, including after the service ends.

10. AI generated briefings are not professional advice

Profit Brain uses AI to write briefings and recommendations. AI can make mistakes, and the briefings are only as accurate as the data in your systems. Treat them as information to support your decisions, and check anything important before you act on it. Your systems, not Profit Brain, are the record of your accounts. Where a briefing names a person, a customer or an amount, confirm it in the source before you act.

Profit Brain does not provide tax, legal, audit or investment advice. We are not a law firm or a certified public accounting firm, and nothing Profit Brain produces is an audit, review or attestation. Advice from Swift Profit Systems is given by people, as part of your engagement.

11. Fees

Fees for our advisory services and for Profit Brain are set in your engagement agreement or on our invoice. The website itself is free to use.

12. Our property

The Profit Brain software, its design, and our methods, frameworks and materials (including The 8 Leaks, the Profit Pressure Test and the Profit Conversion Audit) belong to Swift Profit Systems. The reports and briefings we prepare for you are yours to use within your business, except the methods and frameworks inside them, which stay ours. These terms do not transfer ownership of our property to you, and they do not transfer ownership of your data to us. If you give us suggestions about Profit Brain, we may use them without owing you anything.

13. Availability and changes to the platform

We work to keep Profit Brain available and secure, but we cannot promise it will run without interruption or errors, especially when a connected service is down or changes how it works. We may improve or change features over time. If a change materially reduces what you are paying for, we will tell you in advance.

14. The website

The content on swiftprofitsystems.com, including the Profit Leak Calculator, articles and guides, is general information. Calculator results are estimates based on the numbers you enter and are not a guarantee of any outcome. The website is meant for business owners. The sections on Profit Brain, confidentiality, licensed cannabis and the indemnity apply only to clients and the people they authorize, not to someone who only reads the website.

15. Clients in licensed cannabis

Some of our clients hold Michigan cannabis licenses. We provide advisory services and software only; we never handle, hold or sell cannabis, and Profit Brain is not your system of record for any regulatory report. Both sides acknowledge that cannabis remains illegal under federal law, agree that these terms are meant to be enforced under Michigan law, and agree not to raise federal cannabis law as a reason these terms cannot be enforced.

16. Disclaimers

Apart from the commitments written in these terms and in your signed agreement, the website, our services and Profit Brain are provided "as is" and "as available." To the fullest extent the law allows, we make no other warranty of any kind, including any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement. We do not promise that Profit Brain will be error free, uninterrupted or secure, that any briefing will be accurate or complete, or that you will get any particular financial result.

17. Limits on liability

To the fullest extent the law allows, neither side is liable to the other for indirect, incidental, special or consequential losses, such as lost profits, lost revenue or lost data, arising from these terms, the website, our services or Profit Brain, even if told they were possible. Our total liability for all claims together is limited to the fees you paid us in the 12 months before the first claim arose, or $500 if you have paid us nothing. These limits do not apply to a party's fraud, gross negligence or willful misconduct, to your payment obligations, to either side's indemnity under these terms, to a breach of the license or confidentiality sections, or where the law does not allow them.

18. Claims made by others

If someone outside your business brings a claim against us because of the data you connected or uploaded, because of how your business used Profit Brain or acted on a briefing, or because you broke the law or these terms, you will defend us and cover the losses and reasonable legal costs that result.

If someone brings a claim against you that the Profit Brain software, as we provide it, infringes their intellectual property, we will defend you and cover the losses and reasonable legal costs that result. This does not cover claims caused by your data, by connected services, or by changes or combinations we did not make.

In either case, the side asking for protection will tell the other about the claim promptly and let it control the defense, and the defending side will not settle the claim without the other's approval.

19. Ending the service

You may stop using Profit Brain as your signed agreement allows. We may suspend or end access if these terms are seriously broken, or to protect the security of the platform or of other clients, and we will tell you why, unless doing so would put the platform or the law at risk, in which case we will tell you as soon as we safely can. When access ends, your license ends and we handle your data as described in section 8. The sections on your data, confidentiality, AI generated briefings, our property, claims made by others, disclaimers, limits on liability, governing law and general terms continue after the service ends.

20. Governing law

These terms are governed by the laws of the State of Michigan. Any dispute will be handled in the state courts in Grand Traverse County, Michigan, and each side agrees to those courts' jurisdiction, unless your signed agreement says otherwise. We would always rather resolve a concern by talking first.

21. Changes to these terms

If we update these terms, we will change the effective date at the top of this page. If a change materially affects clients using Profit Brain, we will tell them by email before it takes effect. Your continued use after the effective date means you accept the change. If you do not, you may end the service as your engagement agreement allows.

22. General terms

• Notices: we may send notices to the email address on your account or in your engagement agreement; send yours to the address below.
• Transfer: you may not transfer these terms without our written consent. We may transfer them to a successor that buys our business, and we will tell you if we do.
• Events outside our control: neither side is responsible for delays caused by things it cannot reasonably control, such as an outage at a connected service, an internet failure or a natural disaster. This does not excuse payment.
• Severability: if a court finds any part of these terms unenforceable, the rest still applies.
• Whole agreement: these terms, our Privacy Policy and your signed engagement agreement are the whole agreement between us on these subjects.
• Waiver: if either side does not enforce a term, it can still enforce it later.
• Relationship: we are an independent firm, not your employee, partner or fiduciary.
• Location: our services are provided from the United States and are intended for businesses in the United States.

23. Contact

Questions about these terms:

• Swift Profit Systems, LLC, Traverse City, Michigan 49684
• Email: elliot@swiftprofitsystems.com
• Phone: 231-557-3958