Terms of Service
Last updated: September 18, 2026
Please read these Terms of Service ("Terms") carefully before using profitphones.com (the "Website") or purchasing any course, product, or service offered by The One Academy GmbH ("we," "us," "our," "the Company"), a company registered in Switzerland (Seestrasse 15, 6052 Hergiswil, CHE-145.241.747).
By accessing the Website, creating an account, or purchasing any product or course, you ("you," "the User," "the Customer") agree to be bound by these Terms. If you do not agree, please do not use the Website.
1. Nature of Our Products and Services
1.1. The Company sells digital educational content, including but not limited to online courses, coaching, guides, and instructional materials ("Courses") that teach concepts, strategies, and methods related to building and operating "phone farm" setups for content distribution and monetization purposes.
1.2. We do not manufacture, own, sell, distribute, warehouse, or hold title to any physical hardware, devices, phones, mainboards, or related equipment that may be discussed, referenced, recommended, or featured within our Course content. Any such hardware is sourced independently by the Customer from third-party manufacturers, suppliers, or retailers not affiliated with or controlled by the Company. Our relationship to any such third-party products is purely educational/informational — comparable in structure to an affiliate or drop-shipping information model, where we teach how something works but do not act as the seller, manufacturer, or warrantor of the underlying physical product.
1.3. Any results, figures, case studies, or income examples discussed in our Courses are for illustrative and educational purposes only and do not constitute a guarantee, promise, or warranty of any specific outcome, income, or result. See Section 8 (Earnings Disclaimer) below.
2. Eligibility
2.1. You must be at least 18 years old to purchase or use our Courses. By purchasing, you represent that you meet this requirement.
2.2. Our Courses are intended for individuals and businesses seeking general education on the subject matter. It is your sole responsibility to ensure that your use of any strategies, methods, or hardware discussed complies with the laws, platform terms of service, and regulations applicable in your jurisdiction.
3. Account Registration
3.1. To access certain Course content, you may be required to create an account. You agree to provide accurate, current, and complete information and to keep your login credentials confidential.
3.2. You are responsible for all activities that occur under your account.
4. Payments and Pricing
4.1. All payments on the Website are processed via Stripe, a third-party payment processor. By making a purchase, you also agree to Stripe's applicable terms.
4.2. Prices are displayed at checkout and may be subject to change without prior notice. Prices already paid for a completed purchase will not be affected by subsequent price changes.
4.3. All prices are stated exclusive of applicable taxes unless explicitly noted otherwise. Depending on your location, VAT, sales tax, or other charges may apply and will be calculated at checkout where required.
5. Digital Products, Access, and Right of Withdrawal
5.1. Our Courses are delivered digitally. Upon successful payment, you will receive access credentials or a link to the relevant course platform.
5.2. Because our Courses consist of digital content, by completing your purchase and confirming that you wish access to begin immediately, you acknowledge and expressly agree that:
- Any statutory right of withdrawal or cooling-off period that may otherwise apply to digital content under the laws of your country of residence (including, where applicable, the 14-day withdrawal right under EU/EEA consumer law) is waived once you begin accessing or downloading the Course content, to the extent permitted by the applicable law of your jurisdiction.
- Where mandatory consumer protection law in your jurisdiction does not permit this waiver, your statutory rights remain unaffected and take precedence over this clause.
5.3. Refund requests outside of any mandatory statutory withdrawal right are handled on a discretionary, case-by-case basis. Please contact us at support@jointheoneacademy.com.
6. License and Intellectual Property
6.1. Upon purchase, you are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Course content for your personal or internal business use only.
6.2. You may not copy, reproduce, resell, redistribute, publicly perform, sublicense, or create derivative works from any Course content without our prior written consent.
6.3. All intellectual property in the Website and Course content — including text, video, audio, branding, and course structure — is owned by the Company or its licensors.
7. Prohibited Conduct
You agree not to:
- Share your account access or Course materials with unauthorized third parties;
- Use the Website or Courses for any unlawful purpose;
- Attempt to reverse-engineer, scrape, or copy the Website or Course platform;
- Use the content taught in our Courses to violate the terms of service of any third-party platform (e.g., social media platforms) or applicable law.
8. Earnings and Results Disclaimer
8.1. Any income examples, case studies, screenshots, testimonials, or results referenced on the Website or within Course content are not typical and are not a guarantee that you will achieve similar results.
8.2. Your results depend on numerous factors outside our control, including your effort, market conditions, third-party platform policies, and hardware/equipment you independently choose to acquire.
8.3. Nothing in our Courses constitutes financial, tax, legal, or investment advice. You should consult an appropriately qualified professional before making business or financial decisions.
9. Disclaimer of Warranties
The Website and Courses are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied, to the fullest extent permitted under Swiss law.
10. Limitation of Liability
10.1. To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, arising from your use of the Website, the Courses, or any hardware or third-party product acquired based on information taught within the Courses.
10.2. Nothing in these Terms limits liability for gross negligence, willful misconduct, or any liability that cannot be excluded under mandatory Swiss law.
11. Third-Party Products and Services
Any third-party hardware, tools, software, or services mentioned, linked to, or recommended within our Courses are provided for informational purposes only. We are not responsible for the quality, safety, legality, or performance of any such third-party product or service. Your purchase and use of any such third-party product is a separate transaction between you and that third party.
12. Termination
We reserve the right to suspend or terminate your account and access to Course content, without refund, if you breach these Terms.
13. Changes to These Terms
We may update these Terms from time to time. Continued use of the Website or Courses after changes take effect constitutes acceptance of the revised Terms.
14. Governing Law and Jurisdiction
These Terms are governed by the substantive laws of Switzerland, excluding its conflict-of-law rules and excluding the UN Convention on Contracts for the International Sale of Goods (CISG). Subject to any mandatory consumer-protection venue rules applicable in your jurisdiction, the exclusive place of jurisdiction is the courts of Nidwalden, Switzerland.
15. Contact
For any questions regarding these Terms, please contact:
The One Academy GmbH
Seestrasse 15, 6052 Hergiswil, Switzerland
Email: support@jointheoneacademy.com
Annex A — Profit Phones Software and Device Rental
Sections 1 to 15 above were written for our Courses. This Annex adds the terms for two further products: the Profit Phones software subscription (the "Software") and the rental of physical phones from us ("Device Rental"). It applies in addition to Sections 1 to 15 and, where a clause of this Annex and a clause above cover the same subject for the Software or Device Rental, this Annex prevails.
A1. What the Software Is — and What It Is Not
A1.1. The Software is a hosted web application (the customer portal at profitphones.com, together with the agent software you install on your own computer and the gateway that connects them). It lets you connect phones you own or rent, see their screens, control them, store account details, schedule and publish videos, run automated on-device activity, and read back metrics you collect.
A1.2. The Software operates phones and accounts on your instruction. It does not create, review or approve your content, and it does not promise any reach, followers, views, revenue or other result on TikTok, Instagram, Facebook, Threads, YouTube, Snapchat or any other platform. Section 8 (Earnings and Results Disclaimer) applies to the Software in full.
A1.3. We are an independent company. We are not affiliated with, endorsed by, sponsored by or otherwise connected to TikTok Ltd./ByteDance, Meta Platforms, Inc. (Instagram, Facebook, Threads), Google LLC (YouTube), Apple Inc., Samsung, Snap Inc. or any other platform or manufacturer. Product and platform names are used only to describe what the Software works with.
A1.4. Automated use of a social platform may conflict with that platform's own terms. Whether you may use the Software for a given account on a given platform is your decision and your risk; see A7.
A2. Subscription, Term, Renewal and Cancellation
A2.1. The Software is sold as a monthly or a yearly subscription. The term is one month or one year, paid in advance, and renews automatically for a further term of the same length at the end of each period, unless cancelled beforehand. The yearly subscription costs ten times the monthly price.
A2.2. You can cancel at any time in the portal under Billing. Cancellation always takes effect at the end of the billing period that is already paid for: your access, your phones and your automations keep running until that date and stop afterwards. We do not cancel a period in the middle.
A2.3. Because a cancelled period runs to its end, there is no claim to a refund or a pro-rata credit for a period that has begun — whether or not you use the Software during it. This does not affect any mandatory statutory right you may have.
A2.4. You may switch between plans in the portal. A switch takes effect immediately and Stripe settles the difference for the running period on your next invoice, so the same month is never charged twice.
A2.5. The subscription is a digital service that begins as soon as you complete checkout, at your request. Where mandatory consumer protection law in your jurisdiction grants you a withdrawal right that cannot be waived, that right remains unaffected, as set out in Section 5.2.
A2.6. A change of price applies from the start of your next billing period, never retroactively. We will inform you before a price change takes effect so that you can cancel before it applies.
A3. Plans, Limits and Extra Device Packs
A3.1. Two plans are offered. All amounts are in US dollars per month. For the Software and Device Rental, and in deviation from Section 4.3, the prices shown are final: any Swiss VAT that applies is included and not added at checkout.
- Standard — $99 per month: up to 25 phones, analytics covering the last 7 days, a video library of 200 GB, and support through the help centre and by email.
- Full version — $249 per month: up to 100 phones, the full analytics history, a video library of 1 TB, and priority support including a personal setup call.
A3.2. Neither plan limits the number of posts or social accounts. The AI actions that automations perform are not part of either plan; they are paid from Credit as set out in A5.
A3.3. Additional phone capacity is available on the Full version only, in packs of 50 phones at $79 per pack and month, or $790 per pack and year on a yearly subscription. Packs are added or removed in the portal; a change made during a month is charged pro rata on your next invoice. If you are on Standard and need more phones, you first switch to the Full version.
A3.4. The phone limit is enforced automatically. Once your allowance is reached, a further phone is no longer accepted by our service and appears in the portal as blocked; phones that are already connected keep running, including if you later move to a smaller plan.
A3.5. The library limit is enforced when you upload. A file that would take you over the storage of your plan is not accepted; files already stored stay available, including if you later move to a smaller plan, but no new files can be added until you are below the limit again.
A3.6. The analytics window is a rolling window, not an expiring unlock: on Standard you always see the last 7 days. Data older than the window of your plan is not shown while you are on that plan.
A3.7. Priority support means that requests from Full-version customers are answered before others and that we offer a personal call to help set up the first phones. It does not guarantee a fixed response time unless we have confirmed one to you in writing.
A3.8. On Standard, the personal setup call can be bought once for $99. It is a one-off service: we contact you within one working day of payment to agree a date, and the call covers setting up your first phones together. It is not a subscription and does not renew.
A4. Failed Payments, Suspension and End of the Subscription
A4.1. Subscription payments are collected by Stripe (Section 4.1). It is your responsibility to keep a valid payment method on file.
A4.2. If a payment fails, everything keeps running for a further 24 hours and we notify you by email with a link to update your payment method.
A4.3. After those 24 hours, access to the portal is suspended. Only Billing, your account settings and the login page remain reachable, so that you can update your payment method at any time. Suspension stops the Software from working; it does not end the contract and does not stop the fees for the period from being owed.
A4.4. Stripe retries the payment for roughly one week. If no payment succeeds in that time, the subscription ends. Access ends with it, and your data is then treated as described in A9. You are free to subscribe again at any time.
A4.5. As soon as a payment goes through, the suspension is lifted automatically.
A5. Automation Credit
A5.1. Some functions of the Software use AI models that cost money per call — reading a phone screen, deciding what to tap, writing a comment, checking a post. These calls are not included in the subscription fee. They are paid from a prepaid balance ("Credit") which you top up in the portal through Stripe, in the amounts offered there (currently from $50). Larger top-ups are sold at a discount shown before you pay (currently 5 % to 20 %): you receive the full Credit of the amount you chose and pay the discounted price.
A5.2. Credit is a prepayment for future use, not a deposit. It is consumed call by call at the AI provider's price for that call, as it applies at the moment of the call, plus the surcharge shown in the portal (currently 50 %, covering hosting, payment fees and repeated attempts). If the provider changes its prices, calls made after the change are charged at the new price; calls already made are not recalculated. The portal shows your balance and your most recent bookings. We notify you by email when your balance falls below the warning threshold shown in the portal (currently $5).
A5.3. When the balance reaches zero, the functions that need AI calls pause. The rest of the Software — live screen view, manual control, your data — keeps working. Automations resume once you top up. To protect you against a runaway cost, we also apply an hourly and a daily cap on AI spend per phone; when a cap is hit, the affected calls pause and resume automatically.
A5.4. Credit does not expire for as long as your account exists. It is not payable out, not transferable to another account and not exchangeable for cash, and unused Credit is not refunded when a subscription ends. Any mandatory statutory right to reclaim a prepayment remains unaffected.
A5.5. Credit is charged to customers on a paid subscription or a Device Rental. Accounts we operate ourselves and free access we grant do not consume Credit.
A5.6. Automatic top-up is optional. If you switch it on, you authorise us to charge the card you saved with Stripe for the amount you chose whenever your Credit falls below the level you chose, at most three times within 24 hours. If a charge fails, automatic top-up switches itself off and we notify you by email; it does not retry. You can change or switch it off in the portal at any time, with effect for all later charges.
A5.7. If a top-up is refunded or charged back, the Credit it added is removed from your balance in the same proportion as the amount paid back.
A6. Device Rental
A6.1. Device Rental is a separate product with its own order, its own monthly invoice and its own term. Renting phones from us does not include a Software subscription beyond the portal access needed to operate the rented phones, and a Software subscription does not include any phones.
A6.2. Phones are rented individually. The monthly rate per phone depends on the hardware and on the size of your fleet, and connectivity is chosen per order: your own proxy, a carrier SIM per phone, or a managed mobile proxy serving up to 20 phones. Recurring charges and any one-off activation fee are shown before you order. The smallest first order is 10 phones; the online configurator handles up to 49, above which we price the rack with you individually.
A6.3. An order is a request, not an immediate delivery. It is recorded as pending and is fulfilled when we assign devices to it. Phones are never drawn from our stock automatically.
A6.4. Rented phones, SIM cards and related equipment remain our property at all times. You rent their use, hosted and maintained by us, and receive remote access to them through the portal. You acquire no ownership, no right of retention and no right to sell, pledge or pass them on. If a rented device is ever handed over to you physically, you must return it complete and undamaged when the rental ends, at your cost, and you are liable for loss or damage caused by you in the meantime.
A6.5. Device Rental is billed monthly and cancelled the same way as the subscription: effective at the end of the paid period, with no pro-rata refund for a period that has begun (A2.2, A2.3). You cancel it under Account → Billing → Rented phones, at the earliest 24 hours after the phones were assigned to you. When the rental ends, your access to those phones ends and A9 applies to the data in your portal. If your fleet shrinks below a pricing tier, the rate for the remaining phones follows the tier they then fall into.
A6.6. We may replace a rented phone with an equivalent device — for example after a hardware failure. Sections 1.2 and 11 (third-party hardware bought by you yourself) are unaffected by this Annex and continue to apply to any equipment you source yourself.
A7. Your Accounts, Your Content, Your Responsibility
A7.1. The social media accounts you operate with the Software are yours. You are responsible for them, for the content you publish through them and for the credentials you store with us. We store account passwords and device passcodes encrypted, but you decide what you entrust to the Software.
A7.2. You are responsible for complying with the terms of service, community guidelines and automation rules of every platform you use, and with all laws that apply to you. You must not use the Software to publish or distribute unlawful content, content that infringes third-party rights, content you have no licence to use, or content that is misleading as to who is behind it, and you must not use it for spam, fraud, harassment or to evade a ban imposed on you by a platform.
A7.3. A platform may at any time, without giving reasons, restrict, shadow-ban, suspend or delete an account, refuse a post, or block a device, a SIM or an IP address. This risk is inherent to automated use and it is yours. We are not liable for accounts, followers, posts or reach lost in this way, and such a loss does not entitle you to a refund, a credit or a reduction of the fee.
A7.4. You are responsible for everyone you grant access to your account, including team members and their actions, and for keeping their access up to date.
A7.5. We may suspend or terminate access to the Software or a Device Rental if you materially breach this Annex — in particular A7.2 — as provided in Section 12.
A8. Availability, Maintenance and Third Parties
A8.1. We operate the Software with reasonable care, but we do not warrant uninterrupted or error-free availability. No uptime level or response time is agreed unless we have confirmed one to you in writing.
A8.2. We may interrupt or limit the service for maintenance, updates and security work. Where the work is planned and a noticeable interruption is expected, we will try to announce it in advance and to keep it short.
A8.3. The Software depends on services and systems outside our control — among them the social platforms and their apps and interfaces, Apple's and Google's operating systems, app stores and signing services, AI providers, Stripe, hosting, network and proxy or SIM providers, and your own internet connection and computer. A change, restriction, outage or block on their side can reduce or prevent functions of the Software, temporarily or permanently. This is not a defect of the Software and does not entitle you to a refund. If a function becomes permanently impossible, you may cancel under A2.2.
A8.4. Features develop. We may change, replace or discontinue individual functions. We will not remove a function that is essential to your plan without notifying you; if we do remove one, you may cancel under A2.2.
A9. Your Data After the End of Access
A9.1. While your access is running, you can view your data in the portal and download what you want to keep, for example the files in your media library.
A9.2. When your access ends, we keep the data of your account for six months so that you can pick up where you left off if you come back. Around 14 days before the end of that period we send a reminder by email to the address on your account. After the six months have passed, the data is deleted and cannot be restored.
A9.3. Download anything you want to keep before the end of the retention period. On request we will provide a copy of the personal data we hold about you, as described in our Privacy Policy; your rights under data protection law are set out there and are unaffected by this Annex.
A9.4. If you subscribe again within the retention period, the retention period lapses and your account continues as before.
A10. Limitation of Liability for the Software and Device Rental
A10.1. Section 10 applies to the Software and to Device Rental in the same way as to the Courses. In particular, to the maximum extent permitted by applicable law we are not liable for indirect, incidental, special, consequential or punitive damages, including loss of profit, loss of reach, loss of followers, loss of data, or damage arising from the suspension, restriction or deletion of an account by a platform.
A10.2. To the extent permitted by applicable law, our total liability for all claims arising from the Software or a Device Rental within any twelve-month period is limited to the amount you paid us for that product in the twelve months before the event giving rise to the claim.
A10.3. The Software and rented devices are provided on an "as is" and "as available" basis, as set out in Section 9.
A10.4. Nothing in this Annex limits liability for gross negligence, willful misconduct, personal injury, or any liability that cannot be excluded under mandatory Swiss law.
A11. Licence to Use the Software — No Copying, Modification or Reverse Engineering
A11.1. For as long as your subscription or Device Rental is active and paid, we grant you a non-exclusive, non-transferable, non-sublicensable and revocable right to use the Software for your own business, in the way and to the extent described in this Annex. The Software — including the portal, the agent and connector programs, setup scripts, installation packages, updates, automation logic and documentation — remains our property in full. You acquire no ownership and no rights beyond this licence.
A11.2. Any program or file we provide for installation on your own computer may be used only together with an active subscription or Device Rental and only to connect to our Software. It has no other permitted use.
A11.3. You must not, and must not allow or help anyone else to: (a) copy, modify, adapt, translate or create derivative works of the Software or any part of it; (b) decompile, disassemble, decrypt, reverse-engineer or otherwise attempt to derive its source code, logic, prompts or interfaces, except where mandatory law expressly permits this; (c) run it, or any part of it, without our portal, with a modified version, or with a server or service other than ours; (d) remove, bypass or tamper with licence checks, keys, signatures, update mechanisms or other technical protection; (e) sell, rent, lend, share, publish, redistribute or otherwise make it or any access key available to third parties; or (f) use it or knowledge gained from it to build, train or operate a competing product or service.
A11.4. Access keys, setup commands and download links are confidential. You must keep them secret, may use them only for your own installations and must tell us immediately if you suspect that one has been disclosed. We may replace any key at any time.
A11.5. If you breach A11.3 or A11.4, we may suspend or terminate your access immediately and without prior notice, without any claim to a refund of fees or Credit already paid. You must then delete all copies of the Software in your possession. Our further claims, in particular for injunctive relief and damages, remain reserved.
A11.6. When your access ends, the licence ends with it. The installed programs stop working with our Software, and you must uninstall them and delete all copies.
A11. Governing Law, Jurisdiction and Changes
A11.1. Sections 13 (Changes to These Terms) and 14 (Governing Law and Jurisdiction) apply to this Annex. The Software and Device Rental are therefore governed by the substantive laws of Switzerland, excluding its conflict-of-law rules and the CISG, and — subject to any mandatory consumer-protection venue rules applicable in your jurisdiction — the exclusive place of jurisdiction is the courts of Nidwalden, Switzerland.
A11.2. Should any provision of this Annex be or become invalid, the remaining provisions remain in force.
A11.3. Questions about this Annex: The One Academy GmbH, Seestrasse 15, 6052 Hergiswil, Switzerland, support@jointheoneacademy.com.
