Prosfora

Terms of Service

Prosfora – Terms of Service

Effective Date: August 20, 2025
Last Updated: August 20, 2025

Plain-English note (non-binding): This document explains the rules for using Prosfora. If there is a conflict between any plain-English explanation and the legal text, the legal text controls.

Legal Entity Notice:
These Terms of Service are adopted by Prosfora Marketplace Inc., incorporated in British Columbia, Canada, operating as Prosfora and TheProsfora.com.
All references to "Prosfora," "we," "our," or "the Platform" in this document mean Prosfora Inc.

1) Introduction

Welcome to Prosfora (“Prosfora”, “we”, “our”, “us” or the “Platform”), an online marketplace that helps service providers (“Providers”) and service consumers (“Consumers”) find each other, communicate, and pay.
By registering, accessing, or using the Platform, you agree to these Terms of Service (“Terms”). If you do not agree, you must not use Prosfora.

  • We may update these Terms to reflect changes in law, technology, or our business. We will post changes with a new Last Updated date and, where required, provide notice. Continued use after the effective date constitutes acceptance of the updated Terms.

2) Definitions

Platform — Prosfora’s website, applications, APIs, communications, and related services.
User — any person or entity using the Platform (Providers and Consumers collectively).
Provider — a User who offers services on the Platform.
Consumer — a User who purchases or books services on the Platform.
Transaction — an engagement between a Provider and a Consumer facilitated by the Platform.
Content — any information, listings, text, images, audio, video, reviews, messages, files, or data posted or transmitted by Users.
Third-Party Services — external systems integrated with Prosfora (e.g., Stripe for payments, Sharetribe hosting, analytics, identity tools).
Applicable Law — includes laws of British Columbia and Canada, and any mandatory local laws where you operate.

3) Purpose and Role of Prosfora (Neutral Platform)

Prosfora provides tools to discover, connect, communicate, and facilitate payments. Prosfora is:

  • Not an insurer, guarantor, contractor, employer, agent, broker, or joint venturer of any User.
  • Not a party to contracts between Users; contracts are formed directly between Provider and Consumer.
  • Not controlling or supervising services, scopes, schedules, pricing, quality, safety, or outcomes.
  • Providing reputation features (profiles, reviews) but does not warrant their accuracy or completeness.

Risk-mitigation: This preserves Prosfora’s neutral status and limits liability for service quality, safety, or outcomes.

4) Eligibility

To use Prosfora, you must:

  • Be at least 18 years old and capable of entering into binding contracts.
  • Provide accurate, current registration information and keep it updated.
  • Comply with all laws, codes, permits, and licensing requirements relevant to services you offer or purchase.

We may refuse, suspend, or terminate access if eligibility is not met or is violated.

5) Account Registration & Security

  • Maintain one account per person/business; keep credentials confidential; enable security features where available.
  • You are responsible for all activity under your account (including by unauthorized users if you failed to safeguard credentials).
  • Notify us promptly at info@theprosfora.com about suspected unauthorized access.
  • We are not liable for losses from compromised accounts unless caused by Prosfora’s gross negligence or intentional misconduct.
  • We may suspend/terminate for false information, fraud, legal risk, or Terms violations.

6) Acceptable Use & Prohibited Conduct

You must use the Platform lawfully and respectfully. Prohibited actions include (without limitation):

  • Uploading illegal, infringing, deceptive, defamatory, obscene, or harmful Content.
  • Circumventing payments or soliciting “off-platform” deals (see §11).
  • Misrepresenting identity, licensing, qualifications, or insurance.
  • Harassment, hate, discrimination, threats, or unsafe conduct.
  • Spamming, scraping, data mining, reverse engineering, or exploiting security flaws.
  • Interfering with Platform operations, integrity, or user privacy.
  • Violating sanctions/export laws or CASL (Canada’s anti-spam law).

We may investigate, remove Content, and suspend/terminate accounts at our discretion.

7) Listings & Service Standards (Providers)

Providers agree to:

  • Publish accurate listings (scope, price, availability, location, required materials, exclusions).
  • Disclose licenses, permits, insurance where required by law or by the service category.
  • Maintain safe practices and appropriate tools/equipment; follow building codes, safety standards, and manufacturer instructions.
  • Communicate promptly; honor bookings; manage cancellations/refunds per posted policy.
  • Avoid misleading claims (e.g., fake certifications, photos not representing your work).

Prosfora may require edits or remove listings that violate these standards.

8) Booking & Communication

  • Bookings occur on the Platform; all material terms should be confirmed in writing via Prosfora messages.
  • Users should keep all communication in-platform for documentation and safety.
  • Changes to scope, price, or timing should be confirmed in-platform.

Tip: In-platform records help resolve disputes and verify terms if issues arise.

9) Transactions & Payments (Facilitation Only)

  • Payments are processed by Stripe or other Third-Party Services. Prosfora is not a bank, MSB, escrow, or fiduciary.
  • Prosfora/processor may place holds/reserves or delay payouts to manage risk, fraud, or chargebacks, per processor rules.
  • Card network rules, currency conversion, fees, and payout timelines are governed by the payment processor, not Prosfora.
  • Users are responsible for disputes/chargebacks between themselves; Prosfora may assist but is not obligated to intervene.

10) Fees & Taxes

  • Prosfora may charge platform/transaction fees; amounts and timing are disclosed at checkout or in account settings.
  • Fees may change with notice; continued use after the effective date constitutes acceptance.
  • Each User is responsible for determining and remitting applicable taxes (GST/PST/HST, income tax). Prosfora does not provide tax or legal advice.
  • You authorize deduction of Prosfora fees and applicable taxes from payouts.

11) No Circumvention

If a Consumer discovers a Provider through Prosfora, related Transactions must be completed via the Platform unless Prosfora provides prior written consent.

  • Do not solicit, negotiate, or accept off-platform payments.
  • Prosfora may monitor in-platform communications to enforce this rule as permitted by law and the Privacy Policy.
  • Violation may result in listing removal, suspension/termination, and other remedies.

12) Dispute Resolution (Between Users)

  • Users should attempt to resolve issues directly using in-platform messages and evidence (photos, documents, timelines).
  • Prosfora may provide tools or voluntary mediation resources but is not an arbitrator, escrow, or legal authority.
  • If unresolved, parties should pursue remedies under Applicable Law (e.g., Civil Resolution Tribunal in BC for small claims).

13) No Professional Advice; Prosfora Not a Party

  • Information on Prosfora (including ratings, reviews, estimates, or guides) is general and not professional advice.
  • Prosfora is not a party to contracts between Users and does not supervise Provider work; all service outcomes are the Provider’s responsibility.

14) Limitation of Liability

To the maximum extent permitted by law:

  • Prosfora is not liable for indirect, incidental, consequential, special, exemplary, or punitive damages; or for lost profits, revenues, goodwill, or data.
  • Prosfora is not liable for service quality, delays, cancellations, injuries, property damage, or legal violations caused by Users.
  • If liability is found, Prosfora’s aggregate liability shall not exceed the fees paid to Prosfora (if any) in the 12 months before the event giving rise to liability, or the minimum amount required by law, whichever is lower.

15) Indemnification

You agree to indemnify, defend, and hold harmless Prosfora, its affiliates, officers, directors, employees, and agents from claims, damages, liabilities, losses, and expenses (including reasonable legal fees) arising out of or related to:

  • Your breach of these Terms or Applicable Law;
  • Your misuse of the Platform;
  • Your services, acts, or Content that cause harm or infringe rights.

Prosfora may select counsel and control the defense of indemnified claims.

16) Intellectual Property (Prosfora & User Content)

  • Prosfora’s brand, software, design, and trademarks are our exclusive property. No license is granted except as expressly stated.
  • Your Content: You retain ownership. By posting, you grant Prosfora a non-exclusive, worldwide, royalty-free, sublicensable license to host, store, reproduce, display, distribute, and promote your Content in connection with the Platform and its marketing.
  • Feedback: You assign to Prosfora all rights in suggestions or feedback you provide, without obligation to you.
  • You warrant that you have all rights necessary to post your Content and that it does not infringe third-party rights.

17) IP Claims & Takedown Procedure

If you believe Content infringes your intellectual property:

  • Email info@theprosfora.com with: (i) identification of the work, (ii) the allegedly infringing material and its location (URL), (iii) your contact details, (iv) a good-faith statement, and (v) a statement that you are authorized to act.
  • Prosfora may remove or restrict access to disputed Content and may terminate repeat infringers.
  • Prosfora may share your notice with the alleged infringer and provide a process to respond.

18) Reviews & Feedback

  • Reviews must be truthful, based on first-hand experience, and compliant with law.
  • Prohibited: fake, paid, retaliatory, discriminatory, or abusive reviews.
  • Prosfora may moderate, edit (for clarity/format), or remove reviews that violate these Terms or guidelines.

19) Account Suspension & Termination

We may suspend/terminate accounts or remove Content for:

  • Legal risk, fraud, safety concerns, repeated complaints, or Terms violations;
  • Government/legal requests, court orders;
  • Failure to meet listing standards (e.g., licensing, insurance).

Effects:

  • Immediate loss of access to features and data (subject to legal retention).
  • Termination does not relieve prior obligations (e.g., unpaid fees).

20) Community Guidelines & Safety

Users must follow Prosfora’s community standards (respect, honesty, non-discrimination, anti-harassment).

  • Dangerous or illegal conduct is prohibited.
  • Prosfora may cooperate with law enforcement where permitted by law.

21) Prohibited Services & Categories

Providers may not list or offer:

  • Illegal or unsafe services; weapons, explosives, surveillance/spyware, hacking.
  • Unlicensed medical, legal, financial, immigration services or others requiring credentials.
  • Fraudulent schemes, money laundering, or sanctions-restricted activities.
    Prosfora may remove prohibited listings without notice.

22) Confidentiality & Data Protection

  • Users must not misuse personal data obtained via Prosfora.
  • Share personal information only as needed to complete a Transaction.
  • Scraping, harvesting, reselling, or publishing user data is prohibited.
  • See the Prosfora Privacy Policy (incorporated by reference) for how Prosfora processes personal data.

23) User Verification & Background Checks

  • Prosfora may run identity, credential, or background checks via third parties but is not obligated to do so.
  • Checks (if any) are provided “as available”; Prosfora does not guarantee accuracy, scope, or timeliness.
  • Users remain responsible for their own due diligence.

24) Insurance & Risk Allocation

  • Providers are solely responsible for obtaining and maintaining appropriate insurance (e.g., commercial general liability) where required by law or the nature of services.
  • Prosfora does not provide insurance or indemnity for User activities.
  • Consumers should consider whether proof of insurance is appropriate before booking.

25) Service Cancellations & Refunds

  • Providers must publish clear cancellation and refund policies; Consumers agree to review them before booking.
  • Refunds, adjustments, or goodwill credits are between the Users unless Prosfora has an explicit platform policy to the contrary.
  • Payment processors’ fees/chargebacks may affect net refunds.

26) Force Majeure

Prosfora is not liable for delay or failure to perform due to events beyond reasonable control, including natural disasters, acts of government, labour disputes, utility or internet outages, cyberattacks, or failures of Third-Party Services.

27) International Users

Prosfora may be accessible worldwide, but some services may be illegal or restricted in certain jurisdictions. Users are solely responsible for local compliance.

28) Governing Law & Venue

These Terms are governed by the laws of British Columbia, Canada, without regard to conflict-of-laws rules. Users agree to the exclusive jurisdiction and venue of the courts located in British Columbia, Canada, except as otherwise provided in the arbitration clause (§32).

29) Amendments

We may amend these Terms. Material changes will be communicated via email or in-platform notice. Changes take effect on the posted date unless a later date is indicated. Continued use = acceptance.

30) Disclaimer of Warranties

THE PLATFORM AND ALL FEATURES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROSFORA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, AVAILABILITY OF PROVIDERS, ACCURACY OF CONTENT, OR SERVICE OUTCOMES.

31) User Content Responsibility

  • You are solely responsible for Content you upload, post, or transmit (including claims, images, and certifications).
  • You warrant that your Content is lawful, accurate, and non-infringing.
  • Prosfora does not endorse or assume responsibility for User Content and may remove or disable access to content alleged to be unlawful or infringing.

32) Dispute Resolution with Prosfora; Arbitration; Class-Action Waiver

  • Informal Resolution: Contact info@theprosfora.com to attempt resolution first.
  • Binding Arbitration: If unresolved within 30 days, disputes with Prosfora will be finally resolved by binding arbitration in Vancouver, BC under the Arbitration Act (BC).
  • Individual Basis Only: You waive the right to participate in class, collective, or representative actions. Arbitration proceeds on an individual basis.
  • Court Relief: Either party may seek temporary or injunctive relief in BC courts to protect IP or enforce §11 (No Circumvention).

33) Severability

If any provision is held invalid or unenforceable, it will be enforced to the maximum extent permissible, and the remainder will continue in full force and effect.

34) Entire Agreement; Incorporated Policies; Order of Precedence

These Terms, together with the Privacy Policy, Community Guidelines, and any posted category rules or fee schedules, form the entire agreement between you and Prosfora regarding the Platform. In case of conflict, these Terms control, then any category rules/fee schedules, then the Privacy Policy.

35) Notices & Electronic Communications

  • You consent to receive electronic communications (email, in-app) from Prosfora. Such communications satisfy legal “in writing” requirements.
  • Keep your email address current; notices are effective when sent to the address on file.
  • Legal notices to Prosfora: info@theprosfora.com.

36) Assignment

  • You may not assign or transfer these Terms without Prosfora’s prior written consent.
  • Prosfora may assign or transfer these Terms (e.g., merger, acquisition, asset sale) with notice where required by law.

37) Changes to Services & Fees

  • We may add, modify, or discontinue features, categories, or tools.
  • We may adjust fees with notice; your continued use after the effective date constitutes acceptance.
  • We are not liable for modification or discontinuation of services.

38) Third-Party Services & Links

  • Use of Third-Party Services (e.g., Stripe, hosting, analytics, identity) is governed by their terms and privacy policies.
  • Prosfora is not responsible for Third-Party Services, their content, or outages.
  • We may add or remove integrations at any time.

39) Open-Source & Third-Party Software Notices

Some Platform components may include or link to open-source software. Such software is provided under the respective open-source licenses, which may grant you additional rights. In case of conflict, the open-source licenses control for those components.

40) Beta Features & Experiments

We may offer beta, experimental, or limited-release features.

  • Beta features are provided as-is, may be changed or discontinued at any time, and may have additional risks (bugs, data issues).
  • We disclaim all liability related to beta features to the maximum extent permitted by law.

41) Export Controls & Sanctions Compliance

You represent and warrant that you are not (i) located in, under the control of, or a national/resident of any country subject to Canadian, U.S., UK, or EU sanctions, and (ii) not on any restricted-party list. You will not use Prosfora to conduct transactions prohibited by sanctions or export-control laws.

42) Anti-Spam (CASL) & Marketing Consent

Prosfora complies with Canada’s Anti-Spam Legislation (CASL).

  • We send commercial electronic messages only with consent or as permitted by law.
  • You may unsubscribe at any time for marketing communications; essential service messages (security, invoices) are not optional.

43) Electronic Signatures & Electronic Transactions

You agree that electronic actions (clicking “Accept,” submitting forms, making bookings) constitute your electronic signature and create legally binding agreements under the Electronic Transactions Act (British Columbia) and similar laws.

44) No Agency; No Employment; Independent Contractors

Nothing in these Terms creates an employment, agency, franchise, joint venture, or partnership between Prosfora and Users. Providers act as independent contractors and are solely responsible for taxes, insurance, and compliance with labour laws.

45) Survival

The following provisions survive termination or expiration: No Circumvention, Fees & Taxes, Listings & Standards, Limitation of Liability, Indemnification, IP & Takedown, Governing Law & Venue, Arbitration, Severability, Entire Agreement, Notices, Assignment, Third-Party Services, Export/Sanctions, CASL, Electronic Signatures.

46) Interpretation; No Waiver; Headings; Language

  • “Including” means “including without limitation.”
  • Headings are for convenience only and do not affect interpretation.
  • Failure to enforce a provision is not a waiver of the right to enforce it later.
  • The English language version of these Terms controls in the event of any translation discrepancy.

47) Monitoring of Communications and Payment Rules

To protect the integrity and security of the Prosfora marketplace, we reserve the right to monitor, review, and analyze communications exchanged through the platform. Such monitoring may be conducted automatically and/or manually for the following purposes:

  • Detecting and preventing fraud, scams, harassment, and other prohibited activities;
  • Ensuring that all transactions and payments are completed securely through the Prosfora payment system;
  • Enforcing compliance with these Terms of Service and applicable law.

Users are strictly prohibited from:

  • Sharing contact details (such as personal email addresses, phone numbers, or payment information) for the purpose of completing transactions outside the platform;
  • Attempting to arrange or accept payment outside of the Prosfora payment system.

Any attempt to circumvent our payment system undermines the safety of the marketplace and may result in immediate suspension or permanent termination of the user’s account.

We respect your privacy. While messages may be monitored for the limited purposes described above, we will not disclose the content of your communications to third parties, except:

  • where required by applicable law or regulation,
  • to comply with lawful requests from authorities, or
  • to enforce these Terms of Service.

By using Prosfora, you acknowledge and agree that your communications on the platform may be subject to such monitoring, and that attempts to bypass the payment system may lead to account restrictions or closure.

48) Contact

Prosfora Legal Team
📧 info@theprosfora.com
📍 Vancouver, BC, Canada