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PROFER, INC.

TERMS OF USE, MARKETPLACE TERMS & PRIVACY POLICY (AMENDED AND RESTATED)**

Effective Date: January 1, 2026
Last Updated: January 1, 2026
United States Only

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By clicking “I Agree” and submitting payment, you acknowledge that you are entering into a binding agreement with Profer, Inc., and that this Pro Membership Agreement supplements and incorporates by reference the Profer Terms of Use, Marketplace Terms & Privacy Policy.

In the event of any conflict, the Pro Membership Agreement controls with respect to membership fees, eligibility, and Pro participation.

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1. Introduction 

Profer, Inc. (“Profer,” “we,” “us”) provides an online platform that connects property owners (“Property Owners”) with independent home service professionals (“Pros”). Profer operates a construction services marketplace and does not perform construction services.

These Terms of Use and Privacy Policy (collectively, the “Terms”) govern access to and use of Profer’s website, mobile applications, ProDirectory, Project Auction services, and related tools and services (collectively, the “Services”).

By accessing or using the Services, you agree to be bound by these Terms.

 

 

2. Nature of the Platform; No General Contractor Relationship 

Profer is a technology platform and marketplace facilitator only.

Profer:

  • Is not a general contractor, construction manager, or service provider

  • Does not supervise, control, or direct Pros

  • Does not provide construction warranties or guarantees

  • Is not a party to any contract between Property Owners and Pros

Nothing in these Terms creates a partnership, joint venture, agency, employment, or contractor relationship between Profer and any Pro or Property Owner.

 

 

3. Truth-in-Marketing & No Reliance Disclaimer 

Profer does not make representations or guarantees regarding project outcomes, cost savings, pricing accuracy, timelines, construction quality, or the suitability of any Pro for any project.

Any estimates, bids, rankings, recommendations, reviews, or search results displayed through the Services are informational only.

Property Owners acknowledge that they do not rely on Profer for construction advice, contractor selection decisions, project performance, or project outcomes, and that all decisions regarding the selection and engagement of a Pro are made independently.

 

 

4. Property Owner Service Options 

Property Owners may use the Services in one of two ways:

4.1 ProDirectory

Property Owners may search the ProDirectory, review ProVerified ProFiles, and contact Pros directly using provided contact information. Any engagement resulting from ProDirectory contact is solely between the Property Owner and the Pro.

4.2 Project Auction

Property Owners may submit a Project Auction request, subject to the terms below.

 

 

5. Project Auction Process 

5.1 Submission

By submitting a Project Auction, the Property Owner represents that the project is legitimate, intended to proceed, and that all submitted information is accurate to the best of their knowledge.

5.2 Confirmation, Payment & Cancellation Fee

Before a Project Auction proceeds, Profer will contact the Property Owner for confirmation and payment authorization.

If the Property Owner cancels the Project Auction after confirmation, or engages a contractor outside of Profer within a twelve (12) month period from when the cancellation occurred, the Property Owner agrees to pay a $1,000 cancellation fee, representing reasonable marketplace and administrative costs.

No cancellation fee applies if:

  • No bids are received

  • No bid reasonably aligns with scope

  • All bids materially exceed the stated budget

  • All Pros become unavailable or disqualified

5.3 Scope Standardization & Bidding

Profer may standardize the project scope and distribute it to ProVerified Pros. Pros submit bids without visiting the property or contacting the Property Owner prior to selection.

Where required by applicable law or Profer policy, Pros must maintain any required bonds and provide proof upon request. These bonds will be “for Profer” aka the “obligee is Profer” so each bond must be made out to Profer.

5.4 Selection

The Property Owner receives the three lowest bids and selects a Pro from the submitted bids. Profer does not influence pricing or selection.

 

 

6. Pro Membership & Verification 

Pros may apply for ProVerified membership by paying an annual $500 non-refundable membership fee and submitting required background checks, business documentation, licensing (where applicable), and payment information.

Payment does not guarantee ProVerified membership.

Verification does not constitute endorsement or a guarantee of services.

 

 

7. Profer Commission Structure 

When a Pro is selected through a Project Auction, Profer charges the Pro a success-based commission calculated from the winning bid amount:

  • 9% for projects up to $50,000

  • 7% for projects between $50,001 and $149,000

  • 5% for projects $150,000 and above

Commission must be paid before the project is released to the Pro.

 

 

8. Profer Guarantees (LIMITED) 

Profer provides limited guarantees related only to marketplace administration, not construction services.

Profer guarantees that:

  • Project Auctions are distributed only to ProVerified Pros

  • Pros participating have submitted required verification materials

  • Bids are submitted through the platform

Profer does not guarantee:

  • Workmanship

  • Pricing accuracy

  • Timelines

  • Code compliance

  • Permit approval

  • Project outcomes

Any disputes regarding construction services must be resolved directly between Property Owners and Pros.

 

 

9. Payments; No Escrow; Third-Party Processors 

Profer does not hold escrow, disburse construction funds, or manage progress payments. Payments for construction services are made directly between Property Owners and Pros unless expressly stated otherwise in writing.

Payments may be processed through third-party processors. Profer is not responsible for processor outages, errors, reversals, or security incidents attributable to third parties.

 

 

10. Independent Contractor; No Insurance or Bonding 

Pros are independent contractors solely responsible for their services, including workmanship, pricing, permits, insurance, bonding, safety, and legal compliance.

Profer does not provide insurance, bonding, or warranties for any project unless expressly stated in writing.

 

 

11. Electronic Transactions & Consent (E-SIGN Act) 

By using the Services, you consent to electronic transactions and acknowledge that electronic agreements, disclosures, and acceptances satisfy any legal requirement that such communications be in writing or signed.

 

 

12. Prohibited Conduct 

Users may not submit false information, circumvent fees, manipulate reviews or bids, or use the Services for unlawful or fraudulent purposes. Violations may result in suspension or termination.

 

 

13. Privacy Policy 

Profer collects and processes Personal Information as described in this Policy. California residents have rights under the CCPA and CPRA, subject to lawful exemptions.

 

 

14. Force Majeure 

Profer is not liable for delays or failures caused by events beyond its reasonable control, including natural disasters, labor shortages, supply disruptions, governmental actions, or internet outages.

 

 

15. Arbitration; Governing Law 

All disputes are subject to binding arbitration administered by the American Arbitration Association. Kansas law governs. The venue is Sedgwick County, Kansas. No class actions permitted.

 

 

16. Limitation of Liability 

Profer’s total liability shall not exceed $100 to the maximum extent permitted by law.

 

 

17. Indemnification

Users agree to indemnify Profer from claims arising from their use of the Services or disputes with other users.

 

 

18. Export Control Compliance 

The Services may not be used in violation of U.S. export control or sanctions laws.

 

 

19. Modifications

Profer may modify these Terms at any time. Continued use constitutes acceptance.

 

 

20. Contact Information

Profer, Inc.
307 N. Seneca St., Suite 106
Wichita, KS 67203
info@profer.com

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