1. Acceptance of Terms

These Terms of Use ("Terms") form a binding agreement between you and ProfitOptics, LLC ("ProfitOptics," "we," "our," "us") governing your access to and use of www.profitoptics.com (the "Site") and any related digital services we make available through the Site, including but not limited to SMS-based authentication delivered through our Catalyst™ platform (collectively, the "Services").

By accessing or using the Site or the Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you may not use the Site or the Services.

2. About ProfitOptics and the Catalyst™ Platform

ProfitOptics is a performance improvement partner for distributors and manufacturers. We deliver custom software, data, and advisory services, including custom B2B workforce applications built on our proprietary Catalyst™ platform.

Catalyst™-powered applications are private, internal-use applications delivered to specific business clients under separate written agreements. Nothing on this Site constitutes an offer to provide such applications to the general public, and access to a Catalyst™-powered application is granted only by an authorized administrator at a ProfitOptics client company.

3. Eligibility

You must be at least 18 years of age, or the age of majority in your jurisdiction (whichever is greater), to use the Site. By using the Site, you represent and warrant that you meet this requirement and that you have the legal capacity to enter into these Terms.

4. Use of the Site

You agree to use the Site only for lawful purposes and in a manner consistent with these Terms. You agree not to:

• Use the Site in any way that violates applicable law or regulation.
• Attempt to gain unauthorized access to any portion of the Site, our systems, or our clients' systems.
• Interfere with, disrupt, or impose an unreasonable load on the Site or the networks connected to it.
• Use any automated means (including bots, scrapers, or crawlers) to access the Site without our prior written consent.
• Reverse engineer, decompile, or otherwise attempt to derive the source code of any software made available through the Site.
• Use the Site to transmit malware, harmful code, or any unsolicited or unauthorized communications.

5. Intellectual Property

The Site and all content on it — including text, graphics, logos, images, software, and the Catalyst™ name and platform — are owned by or licensed to ProfitOptics and are protected by copyright, trademark, and other intellectual property laws.

You may view and use the Site for your internal informational purposes only. You may not copy, reproduce, modify, distribute, publicly display, or create derivative works from any portion of the Site without our prior written consent, except as expressly permitted by these Terms or applicable law.

"ProfitOptics," the ProfitOptics logo, and "Catalyst" are trademarks of ProfitOptics, Inc. All other trademarks referenced on the Site are the property of their respective owners.

6. SMS Authentication Messaging

ProfitOptics offers SMS-based two-factor authentication as a security feature within Catalyst™-powered applications built for our business clients. The following terms apply to anyone who receives SMS authentication messages from ProfitOptics:

• Consent. SMS authentication messages are sent only to mobile telephone numbers provided by an authorized administrator at a ProfitOptics client company, who confirms at the time of enrollment that the employee has consented to receive authentication messages at that number as part of their employment.
• Message types. Messages are strictly transactional. We send only one-time passcodes (OTPs) and authentication codes in direct response to a user-initiated login attempt or sensitive in-app action. We do not send marketing or promotional messages through this system.
• Frequency. Message frequency is on-demand and tied to the user's own login activity, typically one to five messages per user per week.
• Opt-out. Recipients may reply STOP at any time to opt out of further authentication messages. STOP and HELP keywords are handled automatically. Once opted out, a recipient must contact their company administrator to re-enroll.
• Carrier and delivery. Message and data rates may apply depending on the recipient's mobile carrier and plan. ProfitOptics is not responsible for delays, failures, or charges associated with the recipient's mobile carrier. Carriers are not liable for delayed or undelivered messages.
• Mobile information. Mobile telephone numbers and SMS-related information are not shared, sold, rented, or transferred to third parties or affiliates for marketing or promotional purposes. See our Privacy Policy and SMS Authentication Policy for details.

For full details on how consent is established and how SMS authentication operates on the Catalyst™ platform, see our SMS Authentication Policy.

7. Third-Party Links and Services

The Site may contain links to third-party websites, applications, or services that are not owned or controlled by ProfitOptics. We provide these links for convenience only and do not endorse the content, products, or services of any third party. Your use of any third-party site or service is at your own risk and subject to that third party's terms and policies.

8. Disclaimers

THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

ProfitOptics does not warrant that the Site will be uninterrupted, secure, error-free, or free of viruses or other harmful components, or that information available through the Site will be accurate, complete, or current.

This section does not limit any non-waivable warranties or consumer protections under applicable law.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PROFITOPTICS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE SITE OR THE SERVICES, EVEN IF PROFITOPTICS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

PROFITOPTICS'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100), EXCEPT WHERE A HIGHER MINIMUM IS REQUIRED BY APPLICABLE LAW.

10. Indemnification

You agree to indemnify, defend, and hold harmless ProfitOptics and its affiliates, officers, employees, agents, and licensors from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) your use of or access to the Site or the Services; (b) your violation of these Terms; or (c) your violation of any rights of a third party.

11. Termination

We may suspend or terminate your access to the Site at any time, with or without notice, for any reason, including if we believe you have violated these Terms. The provisions of these Terms that by their nature should survive termination — including intellectual property, disclaimers, limitation of liability, indemnification, and governing law — will continue to apply after termination.

12. Governing Law and Dispute Resolution

These Terms are governed by the laws of the Commonwealth of Virginia, United States, without regard to its conflict of laws principles. Any dispute arising out of or related to these Terms, the Site, or the Services will be resolved exclusively in the state or federal courts located in Richmond, Virginia, and you consent to the personal jurisdiction of those courts.

13. Changes to These Terms

We may update these Terms from time to time. The latest version will always be available on this page, with the "Last Updated" date noted below. Material changes will be highlighted at the top of the page or communicated through other reasonable means. Your continued use of the Site after a change takes effect constitutes acceptance of the updated Terms.

Last Updated: April 2026

14. Contact Us

If you have questions about these Terms, contact us at: legal@profitoptics.com