Terms of Service

Effective October 19, 2026 · Version 1.0

1. Who we are and these terms

Profit & Process is a business name of Richie Books LLC, a California limited liability company ("Profit & Process," "we," "us"). These Terms of Service ("Terms") govern our websites, hosting, website management and maintenance, automation, CRM and software integrations, consulting (including the Business Checkup), and related services (the "Services"), and your use of profitandprocess.com.

Our Services are offered to businesses and to people acting on behalf of a business. By accepting these Terms, ordering Services, or paying an invoice, you agree to them on behalf of the business you represent ("you," "Customer"), and you confirm that you are authorized to do so.

Order of precedence. A written agreement signed by both parties controls over these Terms where they conflict. Next comes the order form, proposal, quote or invoice that describes your plan and price (an "Order"), then these Terms, then our other policies. Simply visiting our website without ordering Services is governed only by Sections 8, 9.4, 14, 15, 17 and 19.

2. Our services and scope

We provide the Services described in your Order. Anything not described in your Order is outside its scope. Plans may include, for example, a website build, hosting, routine updates, and support. If a plan includes a website build at no separate charge, the build is provided as part of your ongoing subscription (see Section 9.2).

Change requests. Work outside your plan — including major redesigns, new pages or sections beyond your plan, new functionality, e-commerce, integrations, data migrations, custom software, copywriting or photography — may require a separate quote. We will tell you before we start any work that would carry an extra charge, and we will not charge for out-of-scope work you have not approved in writing (email is fine).

Business Checkup and consulting. Diagnostic and advisory work gives our recommendations. You decide whether and how to act on them.

Free reviews and tools. Free website reviews, the Profit Leak Calculator and similar free materials are general estimates and opinions provided as-is. They are not financial, legal, tax or professional advice.

3. Fees, billing and payment

3.1 Recurring plans

Monthly plans renew automatically each month until cancelled. Your Order or checkout page will show the price, billing frequency and first charge date before you agree. By choosing a recurring plan, you authorize us and our payment processor, Stripe, to charge your payment method each billing period until you cancel. Fees are charged in advance for each billing period.

3.2 Project fees and installments

Separately quoted projects are billed as stated in the Order, which may require a deposit, milestone payments or installments. An installment plan is a payment schedule for work already agreed to. It is separate from any monthly subscription, and cancelling a subscription does not cancel installments that are still owed for a project (see Section 13.3).

3.3 Price changes

We may change the price of a recurring plan by giving you at least 30 days' notice by email. The new price applies starting with your next billing period after the notice period ends. If you don't want to pay the new price, you can cancel before it takes effect.

3.4 Late or failed payments

If a payment fails or an invoice is more than 10 days past due, we will notify you and may retry the charge. If payment is still not received, we may suspend Services under Section 13.4. You are responsible for reasonable costs of collecting overdue amounts, to the extent permitted by law.

3.5 Disputes and chargebacks

If you think a charge is wrong, contact us first. We will review it promptly and correct genuine errors. Please contact us within 60 days of the charge. Filing a chargeback for an undisputed, valid charge may result in suspension of Services until the matter is resolved.

3.6 Taxes

Prices exclude taxes unless stated otherwise. You are responsible for any applicable sales, use or similar taxes, other than taxes on our income.

3.7 Refunds

Except as stated in these Terms or required by law, fees already paid are non-refundable, and we don't give partial refunds for unused days in a billing period you cancel. Deposits and project fees for work already performed are non-refundable. If we terminate a recurring plan for convenience (Section 13.2), we will refund the unused portion of any prepaid fees.

4. Website updates and requests

This section applies to plans that include website updates.

• How to request. Send requests to [email protected] or through any other channel we designate in writing.
• When the clock starts. Timeframes start on the first business day after we receive a complete request: a clear description of the change plus all content, images, files, approvals and access needed to do it. If we need more information, the timeframe pauses from the time we ask until you reply.
• Business days are Monday through Friday, excluding U.S. federal holidays, based on Pacific Time. Requests received after 5:00 p.m. Pacific Time, or on a non-business day, are treated as received the next business day.
• Our goal: 2 business days. We aim to complete routine updates — such as text edits, swapping images, updating hours, prices, contact details or menus, and similar small changes — within 2 business days. This is a goal, not a guarantee, and missing it is not a breach of these Terms.
• Our commitment: 30 business days. We will complete standard update requests within your plan's scope within 30 business days of the complete request.
• Exclusions. These timeframes don't apply to out-of-scope work (Section 2), unusually large or complex requests, requests that depend on a third party (for example, a registrar, a platform outage, or a vendor's approval), requests that require your review or approval of a draft, or events described in Section 19.4. We will give you a good-faith estimate for those.
• Reasonable use. Update plans are intended for ongoing small changes, not for a series of requests that together amount to a redesign or new build. If request volume clearly exceeds normal use, we may work through requests in order, group them, or quote the extra work.
• Review. Please review changes after we make them and tell us about errors promptly. We will correct our own mistakes at no charge.

5. Security issues

Security issues do not wait for the standard update queue. If we discover — or you report to us — a vulnerability, compromise, malicious code or similar security incident affecting a website we host, we will prioritize it and begin investigating and remediating as soon as reasonably practicable. To protect you, visitors or our systems, we may take immediate protective steps, such as temporarily disabling a feature or form, restoring an earlier version, rotating credentials, or taking a site offline, with notice to you as soon as practical. Please report suspected security issues immediately to [email protected].

We will notify you of a security incident affecting your data as required by law. No security measure is perfect, and we cannot guarantee that a site or system will never be compromised.

6. Hosting and availability

We host and operate websites using commercially reasonable efforts and reputable infrastructure providers. We do not guarantee that hosting or any Service will be uninterrupted, error-free, or available 100% of the time, and we don't offer uptime credits unless your Order says so. Interruptions can result from, among other things, scheduled or emergency maintenance, outages at our infrastructure or service providers, network or DNS failures, domain registration or renewal problems, cyberattacks (including denial-of-service attacks), software defects, configuration errors, and events described in Section 19.4. We will work to restore Services within a reasonable time when an interruption is within our control.

Backups. We keep version history or backups of the website files we build and host as part of our normal operations, but backups can fail and we do not guarantee that any data or version can be recovered. Keep your own copies of your content and any information that matters to your business, including form submissions and leads delivered to you.

7. Your responsibilities

• Provide accurate information, timely feedback, and the content, files, approvals and access we reasonably need. Delays on your side extend our timelines.
• Review and approve content before it goes live. You are responsible for the accuracy of your business information, including prices, licenses, claims, offers, hours and contact details.
• Make sure you have the rights to all content you provide (text, photos, logos, videos, reviews, testimonials), and that it is lawful and not misleading.
• Be responsible for legal requirements specific to your business or industry — for example, licensing disclosures, advertising rules, healthcare, legal or financial regulations, and your own privacy notices to your customers — unless your Order specifically says we will handle a particular requirement.
• Keep any account credentials we give you secure, limit access to people who need it, and tell us promptly about any unauthorized access.
• Respond to messages and leads that arrive through your website. We don't monitor or answer your customers' inquiries unless your Order says we will.

8. Acceptable use

You may not use the Services or any website we host to: break any law; infringe anyone's intellectual property, privacy or publicity rights; publish fraudulent, deceptive, defamatory, harassing, hateful or obscene content; send spam or unlawful messages; distribute malware or phishing; collect sensitive information without a lawful basis; host content or offer goods or services that our infrastructure providers prohibit; interfere with or attempt to bypass the security of our systems; or resell the Services without our written permission. We may remove content or suspend Services that violate this section (Section 13.4).

9. Ownership and licenses

Storing something in our systems does not make it ours. Ownership works like this:

9.1 Your materials and data

You keep all rights in your business name, logos, trademarks, branding, text, photos, videos and other materials you provide ("Customer Materials"), and in your business data, including leads, form submissions and customer information collected through your website ("Customer Data"). You give us a non-exclusive license to host, copy, modify, display and process Customer Materials and Customer Data only as needed to provide, secure and support the Services. You may also allow us to show your website in our portfolio; you can withdraw this permission at any time by emailing us.

9.2 Websites built as part of a subscription

When a website build is included with a monthly plan at no separate build charge, we own the website's design, layout, code, templates and other materials we create ("Site Work"), excluding your Customer Materials. While your subscription is active and paid, you have the right to use the Site Work for your business website. When the subscription ends, that right ends too, and we may take the site offline (Section 13.5). You can buy the Site Work at any time before your Services end for the buyout fee stated in your Order, or, if none is stated, a fee equal to 12 months of your plan's monthly price, less monthly fees you have already paid, but not less than $0. After we receive the buyout fee, Section 9.3 applies to that Site Work.

9.3 Separately paid custom work

When you pay a separate fee for a custom build or deliverable, once you have paid in full we assign to you our rights in the final custom deliverables created specifically for you, excluding Our Technology and Third-Party Materials. Until then, you have a license to use the deliverables for review only.

9.4 Our technology

We keep all rights in our pre-existing and reusable materials and know-how, including design systems, components, code libraries, templates, tools, scripts, automations, prompts, software and infrastructure configurations, and improvements to them ("Our Technology"). To the extent Our Technology is built into a deliverable you own under Section 9.2 or 9.3, we grant you a perpetual, non-exclusive, royalty-free license to use it as part of that deliverable for your business. Our website and its content are protected by intellectual property laws.

9.5 Third-party materials

Fonts, stock images, icons, plugins, open-source software and other third-party materials ("Third-Party Materials") are provided under their own licenses. Some licenses are tied to our accounts and may not transfer to you. We will tell you on request which items need your own license after a transfer.

9.6 AI-assisted work

We may use automation and artificial-intelligence tools to help create or edit content, designs and code. AI-assisted output can contain errors, and its legal protection may be limited. We review work before delivery, but you are responsible for reviewing content published under your name, especially factual, legal, medical, financial or safety claims. AI-generated images will not be presented as photos of your real team, work, or customers unless you supply or approve them.

9.7 Exports and transfers

You can ask for an export of your Customer Materials and the Customer Data we hold for you at any time while your Services are active. We will provide it in a commonly used format within 30 days of your request. If you plan to cancel, request your export before your cancellation takes effect. After Services end, we have no obligation to keep or provide your website, materials or data (Section 13.5). Transfer of Site Work requires a buyout (Section 9.2) or prior full payment (Section 9.3) and payment of any outstanding balance. Hands-on migration help to another host is billed at our then-current rates.

10. Domains

Domains you register or own stay yours. When we register or manage a domain for you, we will register it in your business's name where the registrar allows, or transfer it to you on request once your account is paid. Domain renewal fees are your responsibility unless your Order says otherwise. We are not responsible for domain expiration, registrar errors or registrar policies, or for problems with domains or DNS we do not manage. If you change DNS records or nameservers yourself, you are responsible for the result.

11. Third-party services

The Services rely on third-party providers — for example, hosting and network infrastructure, form processing, email delivery, payment processing, and software or AI tools. We choose reputable providers, but we don't control them. They may have outages, change features or prices, change their terms, or discontinue products. When that affects your Services, we will make reasonable efforts to find a workaround or alternative. If a replacement costs more, we will tell you before passing on any increase. Some integrations you request (for example, your CRM, booking, payment or marketing tools) are governed by your own agreements with those providers, and you are responsible for those accounts and fees. Nothing in this section limits obligations we have that cannot be limited by law.

12. Data and confidentiality

Confidentiality. Each of us will keep the other's non-public business information confidential, use it only for our relationship, and protect it with reasonable care. This doesn't cover information that is public, already known, independently developed, or rightfully received from someone else, or disclosures required by law.

Personal information we process for you. When we process personal information on your behalf (for example, form submissions from your website visitors), we act as your service provider: we will process it only to provide the Services and according to your reasonable instructions, use reasonable security measures, not sell or share it for advertising, require our subprocessors to protect it, help you respond to privacy requests you receive, and delete or return it when Services end as described in Section 13.5. You are responsible for having a lawful basis for collecting it and for providing any privacy notice your visitors need. If privacy law requires a separate data processing agreement, ask us and we will sign a reasonable one. Our Privacy Policy explains how we handle personal information for our own business.

13. Cancellation, suspension and termination

13.1 You can cancel anytime

You can cancel a monthly plan at any time by emailing [email protected] from the email address on your account, or through any online cancellation option we provide. No notice period is required, and there's no long-term commitment for hosting or monthly plans. We will confirm your cancellation in writing.

When charges stop: after you cancel, you will not be charged again. Your Services continue through the end of the billing period you've already paid for, and cancellation takes effect at the end of that period, unless you ask us to end Services immediately. If you want an export (Section 9.7) or a buyout (Section 9.2), request it before your cancellation takes effect.

13.2 We can end Services

We may stop providing a recurring Service at any time, with or without notice, subject to applicable law and any signed agreement. If we do so for reasons other than your breach, nonpayment or misuse ("for convenience"), we will refund prepaid fees for the unused period and give you 14 days from our notice to request an export (Section 9.7) or buy out the Site Work (Section 9.2) before we delete anything. We may also terminate immediately for your material breach of these Terms, including nonpayment or a violation of Section 8.

13.3 What cancellation doesn't change

Cancelling doesn't cancel amounts already owed, including unpaid invoices, project fees for work already performed, and remaining installments under an installment plan for a project already delivered or in progress, unless we agree otherwise in writing. Fees paid are handled under Section 3.7.

13.4 Suspension

We may suspend all or part of the Services, or remove content, if: (a) payment is overdue after notice; (b) we reasonably believe the Services are being used in violation of Section 8 or the law; (c) it's needed to address a security threat or to comply with a legal requirement or a provider's requirements; or (d) a chargeback has been filed for a valid charge. Where practical, we will notify you first and limit the suspension to what is necessary. We will restore Services once the issue is resolved. Fees continue to accrue during a suspension caused by (a), (b) or (d). If an overdue amount remains unpaid 10 days after we notify you, we may terminate your Services and handle your website and data under Section 13.5.

13.5 After Services end

Services end when your cancellation takes effect, when we terminate them, or when we terminate them for nonpayment under Section 13.4. When Services end:

• Your website: hosting ends, and we may take the site offline immediately unless you have bought or own the Site Work and we have completed a transfer.
• Deletion: we may permanently delete your website, site files, Customer Materials and Customer Data from our systems at any time after Services end, without further notice, except where we must keep information for legal, tax, accounting, dispute or security reasons. Deleted data may remain in backups until they roll off in the normal course, and we do not restore from them for former customers. Please keep your own copies (Section 6) and request any export before Services end (Section 9.7). The only exception is a termination for convenience, which follows the 14-day window in Section 13.2.
• Domains: handled under Section 10. A domain registered in your name stays yours.
• Surviving terms: Sections 3 (for amounts owed), 9, 12, 13.3, 13.5 and 14–19 survive the end of Services.

14. Disclaimers

Except as expressly stated in these Terms or an Order, the Services, deliverables, free tools and our website are provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all implied warranties, including merchantability, fitness for a particular purpose, title and non-infringement.

We do not guarantee any business outcome, including search rankings, traffic, leads, calls, conversions, sales, revenue, savings or profit. Search engines, AI assistants and platforms control their own results. Unless your Order specifically says so, we do not guarantee that a website complies with industry-specific regulations or with accessibility standards. We design with accessibility in mind and will fix accessibility problems you report in the work we created, as part of your plan.

15. Limitation of liability

To the maximum extent permitted by law: (a) neither party is liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, lost revenue, lost business opportunities, lost leads or customers, lost goodwill, or loss or corruption of data, even if advised of the possibility; and (b) each party's total liability arising out of or relating to these Terms and the Services will not exceed the greater of $100 or the total fees you paid to us for the Services in the 12 months before the event giving rise to the claim.

These limits apply to all claims, whether in contract, tort (including negligence) or otherwise. They do not limit: your obligation to pay fees owed; either party's liability for fraud, willful misconduct or gross negligence; your obligations under Section 16; or any liability that cannot be limited or excluded under applicable law, including California Civil Code section 1668. The fees reflect this allocation of risk.

16. Indemnification

You will defend and indemnify Profit & Process and its owners, employees and contractors against third-party claims, and related losses and reasonable attorneys' fees, arising from your Customer Materials or Customer Data, your violation of law or Section 8, or your products, services or business operations.

We will defend and indemnify you against third-party claims that original Site Work or custom deliverables we created (excluding Customer Materials, Third-Party Materials, and changes not made by us) infringe a U.S. copyright, subject to the limits in Section 15. If such a claim arises, we may modify or replace the affected work, or end the affected Service and refund prepaid fees for the unused period.

The indemnified party must give prompt notice of the claim, allow the indemnifying party to control the defense, and provide reasonable cooperation. No settlement that imposes obligations on the indemnified party may be made without its consent.

17. Disputes and governing law

These Terms are governed by the laws of the State of California, without regard to conflict-of-law rules. Before filing a claim, each party agrees to try to resolve the dispute informally by giving written notice and negotiating in good faith for 30 days. If the dispute isn't resolved, it will be decided exclusively in the state or federal courts located in Contra Costa County, California, and both parties consent to their jurisdiction. Either party may bring an eligible claim in small claims court, or seek urgent injunctive relief to protect intellectual property or confidential information in any court with jurisdiction.

18. Changes to these terms

We may update these Terms. We will post the new version on this page with a new effective date. For material changes affecting current customers, we will give at least 30 days' notice by email, and the change will apply from your next billing period after the notice period. If you don't agree, you can cancel before the change takes effect. Changes don't apply to disputes that arose before the change. A signed agreement can only be changed in writing signed by both parties.

19. General

19.1 Entire agreement. These Terms, your Order and any signed agreement are the entire agreement on their subject and replace earlier discussions. 19.2 Severability. If a provision is unenforceable, it will be enforced to the maximum extent permitted and the rest remains in effect. 19.3 Assignment. You may not assign these Terms without our written consent. We may assign them to an affiliate or to a successor in a merger, acquisition or sale of the relevant business, with notice to you. 19.4 Events beyond our control. Neither party is liable for delays or failures (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, fire, utility, internet or provider outages, cyberattacks, labor disputes, government action, war or pandemic. 19.5 Independent contractors. We are independent contractors; nothing creates a partnership, employment or agency relationship. 19.6 Notices. Notices may be sent by email to the address on your account and to us at the address in Section 20, and are effective when sent unless a bounce is received. 19.7 No waiver. Not enforcing a provision isn't a waiver. 19.8 Electronic acceptance. Accepting these Terms electronically, including by checking a box or paying an invoice that references them, is legally binding.

20. Contact

Richie Books LLC, doing business as Profit & Process
Email: [email protected]
California, United States