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PROFER, INC. TERMS OF USE, MARKETPLACE TERMS & PRIVACY POLICY

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

 

 

1. Introduction

Profer, Inc. (“Profer,” “we,” “us,” or “our”) operates an online construction and home-services technology marketplace that connects property owners (“Property Owners”) with independent home service professionals (“Pros”).

These Terms of Use, Marketplace Terms, and Privacy Policy (collectively, the “Terms”) govern your access to and use of:

  • www.profer.com

  • Profer mobile applications

  • ProDirectory

  • Project Auction services

  • All related tools, content, and services (collectively, the “Services”)

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

Entity Information:
Profer, Inc.
307 N. Seneca St., Suite 106
Wichita, Kansas 67203
info@profer.com

 

 

2. Platform Role, Marketplace Neutrality & No General Contractor Status

2.1 Marketplace Role

Profer is a neutral technology marketplace. Profer does not create, develop, supervise, control, endorse, or verify the accuracy, legality, quality, safety, pricing, or suitability of any Pro, bid, listing, review, communication, or user-provided content.

2.2 No General Contractor Relationship

PROFER IS NOT A GENERAL CONTRACTOR.

Profer does not:

  • Perform construction work

  • Supervise job sites

  • Control Pros

  • Hire subcontractors

  • Obtain permits or inspections

  • Provide construction warranties

All construction services are performed solely by independent 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.

Any estimates, rankings, recommendations, reviews, search results, or marketplace features are informational only.

Property Owners expressly acknowledge that they do not rely on Profer for construction advice, contractor selection decisions, project performance, or project outcomes, and that all decisions are made independently.

 

 

4. Property Owner Options

Property Owners may use Profer in one of two ways:

4.1 ProDirectory (Direct Contact Option)

Property Owners may:

  • Search the ProDirectory

  • Review ProVerified ProFiles

  • View verified business documentation

  • Contact Pros directly via phone, email, or provided links

Any engagement or contract formed is solely between the Property Owner and the Pro.

4.2 Project Auction (Competitive Bidding Option)

Property Owners may submit a Project Auction 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 and intended to proceed

  • Information provided is accurate to the best of their knowledge

  • They are authorized to approve the project

5.2 Payment Authorization & Cancellation Fee

Before an auction proceeds, Property Owners must affirmatively agree to the cancellation policy.

Cancellation Fee:
If the Property Owner cancels after confirmation or hires a contractor outside Profer within 12 months, a $1,000 cancellation fee applies.

No fee applies if:

  • No bids are received

  • No bid reasonably aligns with scope

  • All bids materially exceed budget

  • All Pros are unavailable or disqualified

5.3 Scope Standardization

Profer standardizes the project scope and distributes it to ProVerified Pros.
Pros submit bids without visiting the property or contacting the Property Owner.

5.4 Bid Selection

The Property Owner selects a winning bid.
Profer does not influence pricing, availability, or selection.

 

 

6. Profer Guarantees (LIMITED & DEFINED)

6.1 Marketplace Process Guarantee

Profer guarantees that:

  • Project Auctions are distributed only to verified Pros

  • Bids are submitted through the Profer platform

  • Pros do not contact Property Owners prior to bid selection

If Profer fails to administer the auction as described, applicable Profer fees will be refunded.

6.2 Pro Verification Guarantee

Profer guarantees that participating Pros have:

  • Paid required membership fees

  • Submitted background checks

  • Submitted business documentation

No workmanship or performance guarantee is provided.

6.3 Money-Back Guarantee (Pre-Construction Only)

If, before construction begins, a selected Pro:

  • Fails to proceed

  • Is disqualified

  • Materially misrepresents credentials

Profer will refund applicable Profer fees.

6.4 Installation Guarantee (Post-Project Auction Only)

If a selected Pro fails to complete work according to the agreed scope, Profer may, at its discretion, assist in arranging a replacement Pro under the same price and terms.

Any unpaid balance owed to the original Pro will instead be paid to the replacement Pro.

Pros in Profer’s network maintain bonding as required by law or Profer policy. Profer may seek recovery through applicable bond mechanisms but does not guarantee bond recovery.

Requests must be submitted in writing with:

  • Contract documents

  • Photos

  • Written explanation

Profer will review it within 90 days.

6.5 Explicit Exclusions

Profer does not guarantee:

  • Construction quality

  • Timelines

  • Pricing accuracy

  • Code compliance

  • Permit approval

  • Project outcomes

 

 

7. Pro Membership, Commission & Verification

7.1 Membership

Pros must pay a $500 membership fee and submit:

  • Background checks

  • Business verification

  • Licensing (where applicable)

  • Payment information

7.2 Commission Structure

Project Amount

Commission

Up to $50,000

9%

$50,001 – $149,000

7%

$150,000+

5%

Commission must be paid before project details are released.

 

 

8. Independent Contractor & No Insurance Disclaimer

Pros are independent contractors and solely responsible for:

  • Workmanship

  • Code compliance

  • Permits

  • Insurance

  • Bonding

  • Safety

Profer provides no insurance, bonding, or warranties unless expressly stated in writing.

 

 

9. Payments & Third-Party Processors

Payments are processed by third-party providers.
Profer does not store full card data and does not escrow construction funds.

 

 

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

You consent to electronic transactions.
Electronic acceptances are legally binding.

 

 

11. Prohibited Uses

You may not submit false information, manipulate bids or reviews, circumvent fees, scrape the platform, or use the Services unlawfully.

 

 

12. User-Generated Content

All content submitted becomes Profer’s property and may be used worldwide, royalty-free, in perpetuity.

 

 

13. PRIVACY POLICY (UNITED STATES ONLY)

13.1 Information We Collect

We collect information you provide and information collected automatically, including:

Property Owners

  • Name, email, phone, address

  • Project details

  • Communications

  • Payment data (via processors)

Pros

  • Business identity

  • Licensing and verification data

  • Background check data (via third parties)

  • Payment and tax information

Automatically Collected

  • IP address

  • Device and browser data

  • Cookies and usage analytics

 

 

13.2 How We Use Information

We use information to:

  • Operate the marketplace

  • Facilitate auctions and directory access

  • Verify Pros

  • Process payments

  • Communicate with users

  • Prevent fraud

  • Enforce Terms

  • Comply with law

 

 

13.3 Information Sharing

We do not sell personal information.

Information may be shared with:

  • Other users (as required for marketplace function)

  • Payment processors

  • Background check vendors

  • Hosting, analytics, and security providers

  • Legal authorities when required

 

 

13.4 Cookies & Tracking

Cookies are used for functionality, analytics, and security.
You may disable cookies via browser settings.

 

 

13.5 Communications & TCPA Consent

By using the Services, you consent to transactional emails, calls, and texts.
Marketing communications may be opted out.

 

 

13.6 Data Retention & Security

Data is retained as necessary for operations and legal compliance.
Reasonable safeguards are used, but no system is perfectly secure.

 

 

13.7 California Privacy Rights (CCPA / CPRA)

California residents may request:

  • Access

  • Deletion

  • Correction

Profer does not sell or share personal data for targeted advertising.

Requests: info@profer.com

 

 

13.8 Children’s Privacy

Services are not intended for children under 13.

 

 

13.9 U.S.-Only Processing

All data is processed and stored in the United States.

 

 

14. Force Majeure

Profer is not liable for delays caused by events beyond reasonable control.

 

 

15. Arbitration & Governing Law

Binding arbitration administered by AAA.
Kansas law governs.
Venue: Sedgwick County, Kansas.
No class actions.

 

 

16. Limitation of Liability

Maximum liability: $100.
No consequential or punitive damages.

 

 

17. Indemnification

Users agree to indemnify Profer for claims arising from use of the Services.

 

 

18. Export Control Compliance

Services may not be used in violation of U.S. export 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, Kansas 67203
info@profer.com

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