Terms of Service

Prosfora — Terms of Service

Original Effective Date: August 20, 2025
Current Version Effective Date: July 15, 2026
Last Updated: July 15, 2026

Plain-English Note — Non-Binding

These Terms of Service explain the rules for accessing and using Prosfora.

Prosfora provides an online marketplace where Clients and independent Providers can:

Discover one another
Communicate
Agree on service details
Arrange and confirm Bookings
Make and receive payments through a third-party Payment Processor
Maintain Transaction records
Leave reviews connected to completed Bookings

Prosfora does not itself perform the services listed or provided by Providers.

This note and any other summary, FAQ, help article, marketing statement, or plain-English explanation are provided for convenience only. They do not replace the legal text of these Terms.

If there is a conflict between a summary or marketing statement and the legal text of these Terms, the legal text controls, subject always to rights that cannot legally be waived.

Legal Entity Notice

These Terms of Service are adopted by Prosfora Marketplace Inc., a company incorporated in British Columbia, Canada, operating as Prosfora through theprosfora.com and related services.

Official Contact Information

Prosfora Marketplace Inc.
Operating as Prosfora

Business and mailing address:
112-970 Burrard Street, Office #1735
Vancouver, BC V6Z 2R4
Canada

Email: info@theprosfora.com
Website: theprosfora.com

All references to “Prosfora,” “we,” “our,” “us,” or the “Platform” mean Prosfora Marketplace Inc., unless the context clearly requires otherwise.

Important Consumer Notice

Nothing in these Terms limits, excludes, restricts, or waives any right or remedy that cannot legally be limited, excluded, restricted, or waived.

A Consumer may have statutory rights concerning:

Pre-contract disclosures
Electronic and distance sales contracts
Future-performance contracts
Copies of contracts
Correction of checkout errors
Cancellation
Refunds
Credit-card charge reversals
Reviews and complaints
Privacy
Court and tribunal access
Class proceedings
Unfair or deceptive practices

Where Applicable Law provides greater protection than these Terms, a Provider’s policy, or a Platform rule, Applicable Law controls.

1. Acceptance of These Terms

Prosfora is an online marketplace that helps Clients and independent Providers discover one another, communicate, arrange services, maintain Transaction records, and use Platform-supported payment tools.

By registering for, accessing, listing on, messaging through, booking through, paying through, receiving payment through, or otherwise using Prosfora, you agree to:

These Terms of Service
The Prosfora Privacy Policy
Any applicable Fee Schedule
Any applicable Cancellation and Refund Policy
Any category, listing, payment, verification, safety, or community rules incorporated by reference

Where the Platform requests express acceptance through a checkbox, confirmation button, account-registration action, Booking action, quote acceptance, payment action, or similar electronic process, completing that action constitutes acceptance of the version presented to you.

If you do not agree, you must not use Prosfora.

1.1 Updates to These Terms

Prosfora may update these Terms to reflect changes in:

Law or regulation
Platform functionality
Payment systems
Security requirements
Third-Party Services
Marketplace policies
Prosfora’s business operations

When Prosfora makes a material change, we will update the Last Updated date and provide notice where required by Applicable Law.

Material changes ordinarily apply prospectively from the stated effective date.

Unless required by law, necessary to prevent fraud or harm, or expressly accepted by the affected Users, an update will not retroactively change the agreed price, Fees, cancellation terms, or material service terms of an already confirmed Booking.

Continued use of the Platform after updated Terms become effective constitutes acceptance of the updated Terms to the extent permitted by Applicable Law.

Prosfora may require renewed express acceptance before allowing continued use of certain Platform features.

2. Definitions

For these Terms:

Applicable Law

Means all applicable laws, regulations, bylaws, codes, orders, permits, licensing requirements, tax rules, consumer-protection rules, privacy rules, employment rules, sanctions rules, safety requirements, and industry-specific obligations.

Booking

Means a confirmed arrangement between a Client and a Provider for Provider Services through the Platform.

Booking Confirmation

Means the electronic contract record, receipt, confirmation page, email, downloadable record, Transaction page, or other durable record generated in connection with a Booking.

Business User

Means a User acting primarily for business, commercial, trade, professional, employment, or income-generating purposes, including Providers and business Clients.

Cancellation Policy

Means the cancellation and refund terms displayed and accepted in connection with a particular Booking, subject to Applicable Law and these Terms.

Chargeback

Means a payment dispute, reversal, chargeback, inquiry, retrieval request, or similar process initiated through a card issuer, Payment Processor, financial institution, or payment network.

Client

Means a User who searches for, requests, books, purchases, or receives Provider Services.

Completion Review Period

Means any period displayed in the applicable Transaction process during which a Client may confirm completion or report a material problem before a payout is released or scheduled.

Consumer

Means a Client who uses the Platform primarily for personal, family, or household purposes and who may have non-waivable rights under consumer-protection law.

Content

Means any listing, profile, text, photograph, image, video, audio, message, review, document, quotation, invoice, credential, price, description, file, or other material submitted, transmitted, posted, or displayed by a User.

Fees

Means fees charged by Prosfora, including the Client Service Fee and Provider Platform Fee.

Payment Processor

Means Stripe or another third-party payment provider used by Prosfora.

Platform

Means Prosfora’s website, software, pages, marketplace, listings, APIs, messaging features, payment-related tools, communications, and related services.

Platform Services

Means the marketplace technology, search tools, listings, profiles, messaging, Booking infrastructure, payment facilitation, records, reputation tools, support features, and related services provided by Prosfora.

Prosfora-Originated Relationship

Means a commercial relationship between a Client and Provider where either User first discovered, contacted, requested, quoted, booked, or engaged the other User through Prosfora.

It does not include a relationship that the Users can reasonably document existed independently before their first interaction through Prosfora.

Provider

Means a User who lists, offers, quotes, sells, arranges, or performs Provider Services.

Provider Services

Means services offered or performed by Providers, including home services, cleaning, technology assistance, tutoring, wellness-related services, pet services, local tasks, design services, moving assistance, and other lawful services permitted on the Platform.

Service Subtotal

Means the agreed price for Provider Services before:

The Client Service Fee
Applicable taxes on Prosfora Fees
Refunds
Credits
Gratuities, where supported
Other separately disclosed charges

Supported Service Area

Means the geographic area in which Prosfora currently supports Bookings, as displayed on the Platform.

Third-Party Services

Means external services used by or integrated with Prosfora, including payment processing, hosting, analytics, identity verification, fraud prevention, communications, mapping, storage, and other technology services.

Transaction

Means a request, quote, Booking, job, order, engagement, payment, refund, payout, or service arrangement discovered, initiated, arranged, facilitated, recorded, or completed through the Platform.

User

Means any person or entity that accesses or uses the Platform.

3. Prosfora’s Role as a Marketplace

Prosfora provides marketplace technology and Platform Services. Prosfora does not perform Provider Services.

Prosfora helps Users:

Find one another
Exchange information
Discuss service requirements
Agree on scope and price
Create Bookings
Maintain Transaction records
Facilitate payments through a Payment Processor
Submit reviews
Access support tools

Unless Prosfora expressly agrees otherwise in a separate written agreement, Prosfora is not:

A contractor
A subcontractor
An employer
An employment agency
A staffing company
A supervisor
A broker
An insurer
A guarantor
A trustee
An escrow agent
A fiduciary
A partner
A joint venturer
A franchise
A party to the service contract between a Client and Provider

The contract for Provider Services is formed directly between the Client and Provider.

Where consumer-protection law applies, the Provider is ordinarily the supplier of the Provider Services. Prosfora may separately be the supplier of Platform Services for which Prosfora charges a Fee.

Prosfora does not control or guarantee:

The quality of Provider Services
The legality of Provider Services
The safety of Provider Services
The timing of Provider Services
The Provider’s methods
The Provider’s tools or materials
The accuracy of a quotation
The suitability of a Provider
The outcome of Provider Services
The conduct of a Client or Provider
That a Transaction will be completed

Prosfora may establish marketplace, safety, payment, listing, documentation, and conduct rules without becoming the employer, supervisor, contractor, or service provider of a Provider.

Legal responsibility will always be determined by the actual facts and Applicable Law, not solely by labels used in these Terms.

4. Eligibility

To use Prosfora, you must:

Be at least 18 years old
Have legal capacity to enter into binding contracts
Provide accurate and current registration information
Keep your information updated
Use the Platform only for lawful purposes
Comply with Applicable Law
Not be prohibited from using the Platform or Payment Processor

If you use Prosfora on behalf of a company, partnership, sole proprietorship, strata, organization, or other entity, you represent and warrant that you have authority to bind that entity.

Prosfora may refuse, restrict, suspend, or terminate access where a User creates legal, safety, fraud, payment, sanctions, tax, regulatory, or Platform-integrity risk.

5. Accounts and Account Security

You are responsible for maintaining the confidentiality and security of your account credentials.

You agree to:

Provide truthful and complete information
Maintain no more than one account per person or business unless authorized
Keep login credentials secure
Not transfer or sell your account
Not permit unauthorized access
Promptly update outdated information
Promptly report suspected compromise or unauthorized activity

You are responsible for activity performed through your account to the extent permitted by law, except where the activity resulted from Prosfora’s fraud, intentional misconduct, gross negligence, security failure, or breach of a non-waivable legal obligation.

Report suspected unauthorized access to:

info@theprosfora.com

Prosfora may require identity, business, tax, payment, or security verification before restoring access or enabling payment features.

6. Acceptable Use

You must use Prosfora lawfully, honestly, and respectfully.

You must not:

Post illegal, deceptive, misleading, infringing, defamatory, abusive, obscene, discriminatory, or harmful Content
Misrepresent your identity, experience, business, qualifications, licence, insurance, certification, location, availability, pricing, or reviews
Harass, threaten, stalk, intimidate, exploit, discriminate against, or harm another User
Use Prosfora for fraud, scams, money laundering, sanctions violations, or unlawful activity
Create fake accounts, fake Bookings, fake requests, fake credentials, or fake reviews
Upload malware, malicious code, spyware, or harmful files
Scrape, harvest, copy, crawl, mine, or extract Platform data without authorization
Reverse engineer, disrupt, overload, interfere with, or compromise the Platform
Test or bypass Platform security without written authorization
Send spam or unlawful commercial electronic messages
Collect or misuse another User’s personal information
Circumvent Prosfora’s payment system, Fees, or marketplace rules
Use automated systems to access the Platform except through authorized functionality
Impersonate Prosfora or imply Prosfora endorsement without authorization

Prosfora may investigate suspected violations, preserve relevant evidence, remove Content, restrict features, suspend accounts, terminate accounts, or report conduct where appropriate.

7. Provider Responsibilities

Providers are independent businesses or individuals offering Provider Services directly to Clients.

Providers are solely responsible for:

The accuracy of their listings and profiles
The services they offer
The prices and estimates they provide
Their availability
The work they perform
Their methods and professional judgment
Their tools, equipment, vehicles, materials, and labour
Their employees, assistants, agents, and subcontractors
Service quality and legal compliance
Required licences, permits, registrations, certifications, inspections, and approvals
Appropriate insurance and WorkSafeBC obligations
Taxes, payroll, wages, benefits, remittances, and business expenses
Workplace and site safety
Honouring confirmed Bookings
Providing legally required receipts, invoices, warranties, and disclosures
Responding to complaints concerning Provider Services
Complying with accepted cancellation and refund terms
Protecting Client property and personal information

Providers must ensure that any employee, assistant, agent, or subcontractor:

Is legally permitted and appropriately qualified to perform the work
Has any required licence, certification, registration, or insurance
Complies with the Booking terms and Applicable Law
Is properly classified and compensated
Meets legally required safety and screening obligations

A Provider remains responsible for Provider Services performed through its employees, assistants, agents, or subcontractors.

7.1 Provider Information Required for Transactions

Providers must maintain accurate and current:

Legal name
Business or operating name
Business address
Mailing address, if different
Telephone number
Email address
Tax information
Licence and insurance information, where applicable
Payment-account information

Prosfora may display or deliver this information to Clients in a Booking Confirmation or other Transaction record where required by Applicable Law.

The Provider authorizes Prosfora to display and deliver Provider-supplied information as part of a Transaction record or electronic contract on the Provider’s behalf.

The Provider remains responsible for ensuring that the information is complete, accurate, lawful, and current.

7.2 No False Claims

Providers must not make false or misleading claims concerning:

Experience
Credentials
Licensing
Insurance
WorkSafeBC status
Business registration
Reviews
Previous projects
Service results
Prosfora endorsement
Verification status

Prosfora may request documents, remove listings, restrict categories, suspend payment access, or terminate accounts where information is false, unverifiable, expired, misleading, or creates unacceptable risk.

8. Regulated, Licensed, and High-Risk Services

Some services require licences, permits, insurance, trade qualifications, inspections, professional authorization, WorkSafeBC coverage, or other legal approvals.

Providers must not list, quote, advertise, subcontract, arrange, or perform regulated work unless they possess all required legal authority.

Regulated or high-risk services may include:

Electrical work
Gas work
Plumbing work
HVAC or refrigeration work
Boiler or pressure-equipment work
Elevator or elevating-device work
Structural work
Roofing
Demolition
Asbestos, mould, lead, or hazardous-material work
Pest control
Locksmith or security-related work
Medical or health services
Legal or immigration services
Financial or investment services
Engineering or architectural services
Any service requiring a licence, permit, registration, certification, inspection, or professional authorization

Prosfora may require proof of:

Identity
Business registration
Licence
Permit
Certification
Insurance
WorkSafeBC coverage
Trade status
Professional standing
Background screening

Prosfora may prohibit or restrict categories based on legal, safety, insurance, payment, or operational risk.

A badge, category placement, profile label, verification status, or listing approval does not guarantee that a Provider is suitable, safe, insured, qualified, or legally authorized, except to the limited extent expressly described for the specific verification.

Clients remain responsible for requesting and reviewing appropriate proof before work begins.

9. Client Responsibilities

Clients are responsible for:

Providing accurate job details
Describing the scope and expected result
Providing correct location and access information
Disclosing relevant site conditions and hazards
Providing accurate photographs, measurements, and specifications
Reviewing Provider listings and quotations
Reviewing licence, qualification, insurance, and verification information
Confirming important terms in writing
Ensuring the work area is reasonably safe and accessible
Obtaining landlord, strata, municipal, owner, or other approvals
Paying agreed amounts and applicable Fees
Cooperating reasonably with the Provider
Protecting Provider personnel from known hazards
Complying with Applicable Law

Clients must disclose known conditions that may materially affect safety, cost, access, or performance, including:

Asbestos or suspected asbestos
Mould
Lead
Biohazards
Structural damage
Electrical hazards
Gas hazards
Aggressive animals
Unsafe occupants
Restricted access
Strata or building rules

Clients should not rely exclusively on ratings, reviews, badges, verification labels, or profile statements.

10. Quotes, Bookings, Communications, and Change Orders

Users should keep material Transaction communications on the Platform.

Before confirming a Booking, Users should agree in writing on:

Scope of work
Service price
Hourly rate or fixed price
Estimated or maximum hours
Materials
Taxes
Exclusions
Dates and times
Location
Access
Cancellation terms
Refund terms
Safety conditions
Required permits or approvals
Completion requirements

A quotation is not binding unless accepted in the manner supported by the Platform or otherwise clearly confirmed in writing.

10.1 Estimates

An estimate is not a guaranteed final price unless expressly stated to be fixed.

A Provider must not materially exceed an estimate without:

Explaining the reason
Providing an updated price or pricing method
Receiving the Client’s written approval

10.2 Change Orders

Any material change to:

Scope
Price
Materials
Timing
Labour
Access
Completion requirements

should be documented and accepted through the Platform before the additional or changed work is performed.

A Provider must not assume that silence constitutes acceptance of a material change.

Where Platform functionality does not support a formal change order, the Users should clearly confirm the change through in-Platform messages before the changed work begins.

10.3 Transaction Records

In-Platform records may be used for:

Support
Payment administration
Fraud prevention
Dispute review
Safety investigation
Tax reporting
Enforcement of these Terms
Compliance with Applicable Law

11. Electronic Contracting and Booking Confirmations

Electronic actions may create legally binding records and agreements.

11.1 Pre-Contract Information

Before a Consumer confirms an applicable electronic Booking, the Platform will display or make accessible the material information available for the Transaction, including where applicable:

The Provider’s legal or business name
The name under which the Provider carries on business
The Provider’s business address
The Provider’s mailing address, if different
The Provider’s telephone number
The Provider’s email address, where available
A detailed description of the Provider Services
Service location
Supply or performance date
Expected completion date
Service Subtotal
Itemized Provider charges
Client Service Fee
Applicable taxes
Other disclosed costs
Total price
Currency
Payment terms
Cancellation terms
Refund terms
Material restrictions
Material exclusions
Any legally required cancellation notice
These Terms and incorporated policies

Where Prosfora separately supplies paid Platform Services, the Transaction record will also identify Prosfora and the applicable Prosfora Fee.

The pre-contract information will be presented in a manner that allows the Consumer to:

Access and review the information
Retain or print the information where required by law
Correct material checkout or Booking errors
Accept or decline the Transaction expressly

A Client must review the Transaction information before confirming the Booking and promptly correct any material error.

11.2 Booking Confirmation

After a Booking is confirmed, Prosfora will provide or make available a Booking Confirmation through one or more of the following:

Email
Account record
Downloadable receipt
Transaction page
Another durable electronic format

Where Applicable Law requires a copy of the contract within a specific period, Prosfora will deliver or make the Booking Confirmation available within that period.

A Booking Confirmation will include, where applicable and available:

Client name
Provider legal or business name
Provider business and contact information
Date the Booking was entered into
Accepted service description
Service location
Itemized Service Subtotal
Prosfora Fees
Applicable taxes
Other disclosed costs
Total price
Payment terms
Supply date
Expected completion date
Cancellation and refund terms
Accepted written changes
Material restrictions and exclusions
These Terms
Applicable Transaction policies
Any cancellation notice required by Applicable Law

The Provider authorizes Prosfora to generate and deliver a Booking Confirmation on the Provider’s behalf using information supplied or approved by the Provider.

Prosfora’s provision of electronic-contract and confirmation tools does not eliminate or transfer the Provider’s legal responsibilities as supplier of the Provider Services.

The Provider remains responsible for:

The accuracy of Provider information
The accuracy of service information
Legally required Provider disclosures
Contract terms relating to Provider Services
Required receipts, invoices, warranties, and notices

A User must promptly report a material error in a Booking Confirmation.

11.3 Record of Acceptance

Prosfora may maintain records reasonably connected to contract formation, including:

Account identifier
Transaction identifier
Date and time of acceptance
Accepted policy version
Checkout information
Quote acceptance
Payment authorization
Confirmation action
Relevant technical records

12. Payments — Facilitation Only; No Escrow

Payments are processed through Stripe or another Payment Processor.

Use of payment features may also be subject to:

Payment Processor agreements
Connected-account agreements
Payment-method rules
Card-network rules
Bank requirements
Identity and compliance checks
Reserve and risk controls
Chargeback procedures

Prosfora may provide tools that facilitate:

Payment authorization
Payment capture
Refunds
Cancellations
Fee deductions
Payout scheduling
Payout delays
Reversals
Adjustments
Dispute responses
Risk controls

Prosfora does not itself provide banking, trust, deposit-taking, or escrow services.

Prosfora is not:

A bank
A trust company
A deposit-taking institution
An escrow agent
A trustee
A fiduciary
A guarantor of Payment Processor performance

Prosfora does not promise to hold User funds in trust or escrow.

Funds may be:

Authorized
Charged
Held
Reserved
Delayed
Captured
Transferred
Refunded
Reversed
Paid out

by the Payment Processor according to Payment Processor rules, Platform settings, risk controls, and Applicable Law.

Use of payment features does not create an escrow, trust, fiduciary, banking, or deposit relationship between Prosfora and a User.

Nothing in these Terms represents that Prosfora holds a financial-services licence that Prosfora does not legally possess.

13. Completion and Provider Payouts

The applicable Transaction process may require a Provider to indicate that Provider Services are complete.

A payout may be scheduled or released after:

The Provider indicates completion
The Client confirms completion
Any displayed Completion Review Period expires without a reported material problem
Other conditions displayed in the Transaction process are satisfied

The exact payout status and available Transaction steps will be displayed through the Platform where supported.

A Client’s confirmation of completion or expiry of a Completion Review Period:

Does not waive non-waivable legal rights
Does not prevent a lawful claim concerning latent defects
Does not prevent a lawful Chargeback
Does not guarantee the quality of Provider Services
Does not eliminate a Provider’s warranty or statutory obligations

Prosfora or the Payment Processor may delay, suspend, reverse, or adjust a payout where reasonably necessary because of:

A reported dispute
Suspected fraud
A Chargeback
A refund request
A duplicate charge
A technical error
A safety concern
A legal obligation
A compliance review
A Payment Processor requirement
A negative balance
A breach of these Terms

Payout timing is not guaranteed and may be affected by banks, card networks, weekends, holidays, identity verification, reserves, and Payment Processor controls.

14. Fees

14.1 Current Standard Fees

Unless a different Fee is clearly displayed and accepted before a Transaction is confirmed, Prosfora’s current standard Fees are:

Client Service Fee — 3%

The Client Service Fee is calculated as 3% of the Service Subtotal and is charged to the Client.

Provider Platform Fee — 10%

The Provider Platform Fee is calculated as 10% of the Service Subtotal and is deducted from the amount otherwise payable to the Provider.

14.2 Fee Calculation

Unless otherwise disclosed:

The Client Service Fee is not included in the Provider’s listed service price
The Provider Platform Fee does not change the Service Subtotal owed by the Client
The Provider Platform Fee is deducted from the Provider’s payout
Fees are calculated before applicable taxes on Prosfora Fees
Taxes may be added to Prosfora Fees where legally required
Gratuities, where supported, are excluded from the Service Subtotal for Fee calculation
Refunded portions of the Service Subtotal may result in a corresponding Fee recalculation

14.3 Payment Processing Costs

Prosfora or the Provider may incur Payment Processor costs.

A payment-processing-related charge will not be imposed as a separate additional User charge unless it is clearly disclosed before the User confirms the Transaction.

Where no separate payment-processing charge is displayed, the User will not be charged an additional undisclosed processing fee merely because Prosfora incurs a processor cost.

14.4 Fee Disclosure and Authorization

The applicable Fees, taxes, and total amount charged or deducted will be displayed through the checkout, Booking, payout, account, or Transaction flow.

By confirming a Transaction, the User authorizes Prosfora and the Payment Processor to:

Charge applicable Fees
Deduct Provider Fees
Collect applicable taxes
Process lawful refunds
Process reversals
Recover Chargebacks
Apply lawful adjustments
Set off specific amounts lawfully owed in connection with the affected Transaction

14.5 Fee Changes

Prosfora may change Fees prospectively by providing notice through the Platform.

A Fee change does not retroactively alter the Fees for a Booking already confirmed before the new Fee takes effect, unless:

Required by law
Necessary to correct a clear pricing error before performance begins
Expressly accepted by the affected User

14.6 Fee Refundability

Prosfora Fees are non-refundable except where:

Applicable Law requires a refund
The applicable Cancellation Policy provides a refund
Prosfora expressly approves a refund
The Transaction is cancelled before acceptance and the checkout terms provide a full refund
The Provider cancels or cannot perform
A duplicate charge or technical error occurred
A Fee was charged contrary to the accepted Transaction terms

Where a Consumer validly exercises a non-waivable statutory cancellation right, Prosfora will process Fees consistently with the refund required by Applicable Law.

15. Taxes and Digital Platform Reporting

Each User is responsible for determining, collecting, reporting, and remitting taxes that apply to that User, including:

Income tax
GST
HST
PST
Payroll deductions
Business taxes
Licence fees
Other applicable taxes

Prosfora does not provide tax, accounting, legal, or financial advice.

Providers are responsible for determining whether they must:

Register for GST, HST, or PST
Charge tax on Provider Services
Issue tax invoices
Report income
Maintain tax records
Remit collected taxes

Where Platform functionality supports tax collection or display, that functionality does not relieve a Provider of its tax obligations.

15.1 Platform Reporting

Prosfora may be legally required to:

Collect Provider identity and tax information
Verify the reliability of Provider information
Determine reportable status
Maintain due-diligence records
Report Transaction and Provider information to the Canada Revenue Agency or another authority
Provide Providers with copies of information reported about them
Correct or supplement prior reports

Providers agree to provide accurate and current information where legally required, which may include:

Legal name
Business name
Primary address
Date of birth
Tax residence
Social insurance number
Business number
Trust account number
Foreign tax identification number
Business registration number
Payment-account information
Transaction totals
Fees, commissions, and taxes

Sensitive identification or tax information will be requested only where reasonably necessary or legally required and will be handled in accordance with the Privacy Policy and Applicable Law.

Prosfora may restrict listings, suspend payment features, delay payouts, or terminate an account where required information is missing, inconsistent, expired, or reasonably believed to be inaccurate.

A Provider is responsible for penalties or consequences resulting from the Provider’s failure to provide accurate legally required information, except to the extent caused by Prosfora’s own error.

Prosfora’s use of a Third-Party Service to perform verification or reporting support does not eliminate any legal responsibility that remains with Prosfora.

16. No Circumvention and Off-Platform Payments

Prosfora invests in marketplace discovery, communication, Booking, records, payment infrastructure, support, trust, and safety.

For 12 months after the first Prosfora-Originated contact, substantially related Provider Services between the Client and Provider must be arranged and paid for through Prosfora.

Users must not:

Request off-Platform payment for a Prosfora-Originated Transaction
Accept off-Platform payment for a Prosfora-Originated Transaction
Direct another User to pay by cash, e-transfer, cheque, direct card payment, cryptocurrency, PayPal, bank transfer, or another external method to avoid Fees
Share payment details for the purpose of avoiding Prosfora
Create a duplicate off-Platform arrangement to avoid Fees
Misclassify a Transaction or price to reduce Fees
Cancel a Booking and privately recreate the same arrangement to avoid Fees
Split a Transaction between the Platform and an external payment method to reduce Fees

Users may share contact information, addresses, access instructions, measurements, photographs, schedules, safety details, and other information reasonably necessary to perform Provider Services.

Sharing such information is not itself a violation unless it is used to avoid the Platform’s payment system or Fees.

16.1 Exceptions

This section does not apply where:

The Users can reasonably document a pre-existing commercial relationship
Prosfora provides prior written authorization
Applicable Law requires an alternative payment method
Prosfora permanently discontinues the relevant payment functionality
The Platform expressly permits the payment method

A temporary technical outage does not automatically authorize permanent circumvention.

Users should contact Prosfora where practical if the Platform payment process is temporarily unavailable.

16.2 Consequences

Where Prosfora reasonably determines that circumvention occurred, Prosfora may:

Warn the User
Restrict messaging or payment features
Suspend or terminate accounts
Cancel affected listings
Recover the unpaid Fees that would have applied to the documented value of the circumvented Provider Services
Set off a specific amount lawfully owed against an associated payout
Seek injunctive or other lawful relief

Any amount claimed for circumvention must:

Be based on the applicable Client Service Fee or Provider Platform Fee that the responsible User would otherwise have paid
Be calculated using the documented Transaction value
Be reasonably supported by quotations, messages, invoices, payment records, or other evidence
Exclude speculative, punitive, or unrelated amounts
Be permitted by Applicable Law and Payment Processor rules

Unless otherwise required by Applicable Law or supported by evidence of fraud or a separate enforceable obligation:

A Client is responsible only for an unpaid Client Service Fee
A Provider is responsible only for an unpaid Provider Platform Fee

Prosfora will not withhold unrelated Provider earnings as a punitive penalty.

17. Cancellations, Refunds, Credits, and Adjustments

The Cancellation Policy displayed and accepted at the time of Booking forms part of the Transaction.

A later change to a Provider’s general Cancellation Policy does not retroactively alter an existing confirmed Booking.

17.1 Before Provider Acceptance

Where a Client cancels before the Provider accepts the request, the payment authorization may be released or the amount may be refunded, subject to:

The displayed checkout terms
Payment Processor processing
Applicable Law
Any clearly disclosed non-refundable amount permitted by law

17.2 Provider Cancellation

Where a Provider cancels, fails to attend, refuses to perform without lawful justification, or cannot provide the agreed Provider Services, the Client will ordinarily be entitled to a refund of the unperformed Provider Services and associated Prosfora Fees, subject to Applicable Law and the circumstances.

17.3 Client Cancellation After Acceptance

Where a Client cancels after Provider acceptance, the applicable cancellation charge or refund will be determined by:

The Cancellation Policy accepted at Booking
Work already performed
Materials reasonably purchased specifically for the Booking
Reasonable documented costs
Applicable Law

A Provider must not impose an undisclosed cancellation charge.

17.4 Partial Performance

Where Provider Services were partially performed, Prosfora may facilitate a partial payment or refund based on:

The accepted scope
Work reasonably completed
Materials supplied
Written change orders
Transaction evidence
Applicable Law

17.5 Service Problems

A Client should promptly report a material problem through the Platform and provide relevant evidence.

Prosfora may, but is not required to, facilitate:

Communication
Additional documentation
Partial refunds
Full refunds
Credits
Payout delays
Payout adjustments
Re-performance agreements

Prosfora does not guarantee a particular outcome.

17.6 Statutory Cancellation and Refund Rights

A Provider’s policy and Prosfora’s policy do not override non-waivable statutory rights.

Where a Consumer validly cancels under Applicable Law:

Required refunds will be processed without prohibited deductions
Related Fees will be treated as required by law
Future authorized charges will be cancelled where required
The refund will be initiated within the legally required period

Nothing in these Terms reduces a cancellation period, refund right, credit-card remedy, or other statutory remedy available to a Consumer.

17.7 Prosfora Decisions

Where Prosfora makes a payment-related decision, Prosfora will act reasonably and in good faith, considering:

Applicable Law
The accepted Booking terms
Payment Processor rules
Platform policies
Available Transaction evidence
Fraud and safety concerns

Prosfora may correct duplicate charges, technical errors, unauthorized payments, or clear calculation errors.

17.8 Refund Timing

Refund timing may be affected by:

The Payment Processor
The Client’s bank
Card-network procedures
Weekends and holidays
Currency conversion
Authorization holds

Prosfora controls initiation of a Platform-approved refund but does not control the date a bank posts the funds.

17.9 How to Request a Cancellation

Prosfora does not currently provide a self-service cancellation button or automated cancellation process through the website.

A Client or Provider who wishes to cancel a confirmed Booking must contact Prosfora directly by email at:

info@theprosfora.com

The cancellation request should include:

The User’s full name
The email address associated with the Prosfora account
The relevant Booking or Transaction details
The scheduled service date
The reason for the requested cancellation
Any relevant messages, photographs, documents, or supporting information

Both Clients and Providers must provide a truthful and sufficiently detailed reason for requesting a voluntary cancellation.

A Provider must not treat a Booking as cancelled merely by:

Failing to attend
Refusing to perform
Notifying only the Client
Sending a message without contacting Prosfora

A Client must not treat a Booking as cancelled merely by:

Notifying only the Provider
Failing to attend
Refusing access without contacting Prosfora
Sending a message without contacting Prosfora

Where reasonably practical, the requesting User should also notify the other party through in-Platform messages that a cancellation request has been submitted to Prosfora.

Submitting a voluntary cancellation request does not automatically guarantee:

Approval of the cancellation
A full refund
Release from an applicable cancellation charge
Immediate reversal of a payment authorization
Immediate cancellation of a scheduled payout

Prosfora may:

Review the accepted Booking terms
Review the applicable Cancellation Policy
Contact the Client or Provider
Request additional information
Consider work already performed
Consider specifically purchased materials
Consider documented costs
Delay a payout while the request is reviewed
Approve a full or partial refund
Apply an applicable cancellation charge
Reject a voluntary cancellation request where permitted by Applicable Law

A voluntary Platform cancellation will be completed when Prosfora confirms or records the cancellation in the applicable Transaction process.

However, a statutory cancellation notice is effective in accordance with Applicable Law and does not require Prosfora’s approval.

Nothing in this section:

Prevents a Consumer from delivering a valid statutory cancellation notice
Requires Prosfora’s approval where Applicable Law gives a Consumer a right to cancel
Delays the legal effectiveness of a cancellation notice where Applicable Law provides otherwise
Limits any non-waivable cancellation, refund, Chargeback, court, or tribunal right

Failure to provide a requested reason or supporting information may delay Prosfora’s review of a voluntary cancellation request but will not invalidate a cancellation notice that is legally effective under Applicable Law.

18. Chargebacks, Payment Disputes, and Negative Balances

Nothing in these Terms prevents a Consumer from using a lawful credit-card or statutory remedy.

Users are encouraged to contact Prosfora promptly where a payment problem may be resolved through the Platform.

A User must not knowingly initiate a false, misleading, abusive, or duplicate Chargeback.

18.1 Provider Responsibility

To the extent permitted by law and Payment Processor rules, a Provider may be responsible for amounts arising from the Provider’s Transactions, including:

Refunds
Chargebacks
Reversals
Duplicate charges
Fraud connected to the Provider
Services not provided
Material misrepresentation
Payment Processor dispute fees
Negative balances

Prosfora or the Payment Processor may recover such amounts from:

The affected Transaction
Pending payouts
Future payouts
A connected payment account
Another method authorized under the Payment Processor agreement
An invoice issued to the Provider

Prosfora will not impose an undisclosed punitive amount.

18.2 Evidence

Users agree to reasonably cooperate with payment disputes and provide available evidence, including:

Messages
Quotations
Photographs
Invoices
Receipts
Proof of attendance
Proof of completion
Change orders
Cancellation records

Prosfora does not guarantee that a bank, card issuer, or Payment Processor will decide a Chargeback in a particular way.

19. Disputes Between Clients and Providers

Clients and Providers should first attempt to resolve disputes through in-Platform messages.

Users should preserve:

Messages
Photographs
Videos
Quotations
Booking Confirmations
Invoices
Receipts
Change orders
Timelines
Proof of completion
Safety reports
Cancellation records
Licence or insurance documents

Prosfora may provide voluntary support, documentation tools, communication assistance, or payment-related review.

Prosfora is not:

A court
An arbitrator between Users
A regulator
An insurer
A guarantor
An escrow agent
A substitute for legal advice

Prosfora is not obligated to decide the underlying legal dispute.

Users may pursue available remedies through courts, tribunals, insurers, professional regulators, licensing authorities, or other lawful processes.

20. Verification, Badges, and Background Checks

Prosfora may conduct or facilitate:

Email verification
Phone verification
Identity verification
Payment-account verification
Business-registration checks
Licence checks
Insurance checks
WorkSafeBC checks
Credential checks
Fraud screening
Background checks

Verification may be performed by Prosfora or a third party.

A verification label or badge applies only to the specific check described.

For example:

Identity Verified means that an identity-verification process was completed; it does not confirm service quality.
Business Verified means that specified business information was reviewed; it does not confirm all legal obligations.
Licence Checked means that a specified licence was reviewed at a particular time; it does not guarantee that the licence remains current.
Insurance Checked means that specified insurance evidence was reviewed; it does not guarantee coverage for a particular claim.

Unless Prosfora expressly states otherwise:

Verification does not guarantee quality
Verification does not guarantee safety
Verification does not guarantee suitability
Verification does not guarantee legal compliance
Verification does not guarantee insurance coverage
Verification does not constitute endorsement

Prosfora may display:

The type of verification
The date reviewed
An expiry date
The credential reviewed
Any material limitation

Users remain responsible for their own due diligence.

Prosfora may remove, change, suspend, or revoke verification status where information expires, changes, cannot be confirmed, or creates risk.

21. Reviews and Feedback Between Users

Reviews must be:

Truthful
Lawful
Relevant
Based on first-hand experience
Submitted in good faith

Users must not submit:

Fake reviews
Paid or purchased reviews
Manipulated reviews
Reviews for services not received or provided
Retaliatory reviews
Threatening or abusive reviews
Discriminatory reviews
Defamatory statements
Reviews by undisclosed employees, friends, competitors, or related parties
Reviews offered in exchange for an improper benefit

Prosfora may remove, restrict, reject, label, or moderate reviews that violate Applicable Law or Platform rules.

Prosfora may correct formatting, spelling, or display issues but will not materially change the substance of a lawful review without the author’s consent.

Nothing in these Terms prohibits a Consumer from making or publishing a lawful review, complaint, or report.

A Provider must not require a Consumer to:

Waive a lawful review right
Remove a lawful review as a condition of receiving a legal remedy
Agree not to report lawful concerns to a regulator
Pay a penalty merely for publishing a lawful review

22. User Content

You are responsible for Content you upload, submit, transmit, or display.

You represent and warrant that:

Your Content is accurate and lawful
You own it or possess the required rights
It does not infringe intellectual property rights
It does not violate privacy or publicity rights
It does not breach confidentiality
It does not violate these Terms
You have authority to include identifiable persons, locations, or property where required

Prosfora does not endorse User Content.

Prosfora may remove, restrict, disable, preserve, or modify the display of Content where reasonably necessary to:

Enforce these Terms
Comply with law
Protect safety
Protect third-party rights
Prevent fraud
Preserve Platform integrity
Correct formatting or technical issues

23. Licence to User Content

You retain ownership of your Content.

By submitting Content, you grant Prosfora a non-exclusive, worldwide, royalty-free, transferable, and sublicensable licence to:

Host
Store
Reproduce
Display
Format
Transmit
Distribute
Publish
Promote
Create technical adaptations of

the Content as reasonably necessary for:

Operating the Platform
Displaying listings and profiles
Supporting Transactions
Providing search functionality
Preventing fraud
Enforcing these Terms
Complying with law
Promoting Prosfora and publicly available listings
Improving Platform functionality

This licence is limited to purposes connected with Prosfora and the Platform.

After Content is deleted or an account is closed, Prosfora will stop new public marketing use of that Content within a reasonable period, except where:

The Content remains part of an active or completed Transaction record
Another User has independently retained it
It appears in backup systems
Retention is legally required
Retention is necessary for fraud prevention, safety, disputes, tax, accounting, or enforcement
Prosfora previously created lawful marketing material that cannot reasonably be recalled

Prosfora will not claim ownership of User Content merely because it was posted on the Platform.

24. Prosfora Intellectual Property

Prosfora’s:

Name
Brand
Logo
Software
Design
Interface
Workflows
Text
Graphics
Icons
Code
Databases
Page structure
Platform features

are owned by Prosfora or its licensors.

You may not copy, reproduce, distribute, modify, scrape, reverse engineer, frame, imitate, sell, license, or commercially exploit Prosfora intellectual property without written permission or a right granted by law.

No rights are granted except those expressly stated.

25. Feedback Submitted to Prosfora

If you voluntarily provide ideas, suggestions, feature requests, designs, improvements, or other feedback concerning Prosfora, you grant Prosfora a worldwide, perpetual, irrevocable, royalty-free right to use and commercialize that feedback without compensation or restriction.

This section does not transfer ownership of unrelated confidential material or intellectual property merely because it is communicated to Prosfora.

Do not submit confidential third-party information without authorization.

26. Intellectual Property Complaints

A person who believes Content infringes intellectual property rights may contact:

info@theprosfora.com

The notice should include:

Identification of the protected work
Identification and location of the disputed Content
The claimant’s name and contact information
The basis of the claimed rights
A good-faith statement that the use is unauthorized
A statement that the notice is accurate
Confirmation of authority to act for the rights holder

Prosfora may:

Request additional information
Restrict or remove disputed Content
Preserve relevant records
Notify the User who posted the Content
Permit a response
Terminate repeat infringers

Prosfora does not adjudicate ownership disputes.

27. Privacy, Data Protection, and Communication Review

Prosfora collects, uses, discloses, stores, and protects personal information as described in the Prosfora Privacy Policy.

The Privacy Policy should be read together with these Terms.

Prosfora has designated a Privacy Officer as the person responsible for Prosfora’s privacy compliance.

The Privacy Officer may be contacted at:

info@theprosfora.com

Prosfora remains responsible for personal information under its control, including information processed or stored by a service provider on Prosfora’s behalf, to the extent required by Applicable Law.

Users must not:

Scrape personal information
Harvest contact information
Sell another User’s information
Publish private information without authority
Use Transaction information for unrelated marketing
Send spam
Retain sensitive information longer than reasonably necessary
Use personal information to harass, discriminate against, or harm another person

A User may use another User’s information only where reasonably necessary to:

Communicate about a Transaction
Perform Provider Services
Process payment
Comply with law
Address safety
Resolve a dispute

27.1 Communication Review

Prosfora may use automated tools to scan or analyze in-Platform communications for limited operational purposes, including:

Fraud detection
Scam prevention
Account security
Safety protection
Harassment prevention
Payment-rule enforcement
No-circumvention enforcement
Dispute support
Legal compliance

Authorized personnel may manually review communications where reasonably necessary for those purposes.

Prosfora will not require consent to personal-information practices beyond what is reasonably necessary to provide, protect, or lawfully operate the Platform.

Material details concerning:

Categories of information
Purposes
Service providers
Cross-border processing
Retention
Access requests
Correction requests
Consent withdrawal
Privacy complaints

will be addressed in the Privacy Policy.

Prosfora does not promise to monitor all communications and has no obligation to detect every violation.

27.2 Disclosure

Prosfora may disclose information where required or permitted for:

Legal process
Court orders
Regulatory requests
Law enforcement
Payment processing
Fraud prevention
Safety
Tax reporting
Corporate transactions
Dispute resolution
Enforcement of these Terms

Acceptance of these Terms does not, by itself, constitute consent to receive optional marketing communications.

28. Third-Party Services

Prosfora uses Third-Party Services, which may include:

Stripe
Hosting providers
Sharetribe or marketplace technology providers
Analytics providers
Identity-verification providers
Email and communications providers
Mapping providers
Storage providers
Fraud-prevention services

Use of a Third-Party Service may be governed by that provider’s own:

Terms
Privacy policy
Fees
Eligibility requirements
Risk controls
Technical requirements

To the maximum extent permitted by law, Prosfora is not responsible for a Third-Party Service’s:

Outage
Delay
Data-processing decision
Verification result
Account hold
Payment failure
Reserve
Payout delay
Policy change
Security incident outside Prosfora’s reasonable control
Chargeback decision

Prosfora may replace, remove, or modify Third-Party Services.

Nothing in this section excludes Prosfora’s responsibility where Prosfora remains legally responsible for selecting, instructing, managing, or overseeing a service provider.

29. Prohibited Services and Categories

Users may not list, request, arrange, or perform services involving:

Illegal activity
Unsafe activity
Fraud or scams
Money laundering
Sanctions-restricted transactions
Weapons, explosives, or dangerous devices
Hacking, spyware, credential theft, or cyber abuse
Stolen or counterfeit goods
Controlled substances
Adult sexual services
Human exploitation or trafficking
Unlicensed regulated professional services
Regulated trades without required authorization
Hazardous materials without required qualifications
Any activity creating unacceptable legal, safety, payment, regulatory, or reputational risk

Prosfora may remove or restrict a service or category without prior notice where immediate action is reasonably necessary.

30. Insurance and Risk Allocation

Providers are responsible for obtaining and maintaining insurance appropriate to their services and risks.

This may include:

Commercial general liability insurance
Professional liability insurance
Vehicle insurance
Workers’ compensation coverage
WorkSafeBC coverage
Bonding
Trade-specific insurance
Other legally required coverage

A Provider must not claim to be insured unless the relevant coverage is current and applicable.

Prosfora does not provide:

Provider insurance
Client insurance
A service warranty
A performance bond
An indemnity for Provider Services
A guarantee of payment beyond funds actually processed and payable
A guarantee against property damage or personal injury

Clients should request proof of appropriate insurance where the risk of the work justifies it.

31. Safety Incidents and Emergencies

Users should promptly report serious safety incidents connected to a Transaction.

Prosfora may:

Preserve relevant records
Restrict accounts
Suspend a Transaction
Contact affected Users
Cooperate with lawful investigations
Require additional documentation

Prosfora is not an emergency service.

Do not use Prosfora for an immediate threat involving:

Life or health
Fire
Gas leak
Electrical danger
Flooding
Structural collapse
Crime
Violence
Hazardous-material release

In an emergency, contact appropriate emergency services, utilities, building management, insurers, municipalities, regulators, or qualified emergency professionals.

32. No Professional Advice

Information on Prosfora is provided for general marketplace and informational purposes.

Prosfora does not provide:

Legal advice
Tax advice
Financial advice
Insurance advice
Medical advice
Immigration advice
Engineering advice
Architectural advice
Construction advice
Safety certification

Listings, reviews, categories, prices, estimates, help articles, and support messages are not a substitute for professional advice.

33. Disclaimer of Warranties

The Platform and Platform Services are provided on an “as is” and “as available” basis.

To the maximum extent permitted by law, Prosfora disclaims warranties, representations, and conditions concerning:

Merchantability
Fitness for a particular purpose
Title
Non-infringement
Accuracy
Availability
Reliability
Security
Error-free operation
Uninterrupted operation
Provider suitability
Provider quality
Provider legality
Service outcomes

Prosfora does not guarantee that:

The Platform will always be available
Messages will always be delivered
Payments will always be processed immediately
A Provider will accept a request
A Provider will complete work
Provider Services will meet expectations
User Content is accurate
Reviews are complete or reliable
Verification will identify every risk
A dispute will be resolved in a particular way

Nothing in this section excludes a warranty, condition, right, or remedy that cannot legally be excluded.

34. Limitation of Liability

To the maximum extent permitted by law, Prosfora and its directors, officers, employees, contractors, agents, service providers, affiliates, and licensors are not liable for:

Indirect damages
Incidental damages
Consequential damages
Special damages
Exemplary damages
Punitive damages
Lost profits
Lost revenue
Lost opportunities
Lost goodwill
Lost data
Business interruption
Reputational harm
Provider misconduct
Client misconduct
Property damage caused by Users
Personal injury caused by Users
Legal violations caused by Users
Disputes between Users
Third-Party Service failures
Payment Processor holds, reserves, reversals, or Chargebacks

To the maximum extent permitted by law, Prosfora’s aggregate liability for claims arising from the Platform, Platform Services, or these Terms will not exceed the greater of:

The Prosfora Fees actually paid by the claimant to Prosfora during the 12 months before the event giving rise to the claim, excluding the price paid for Provider Services and third-party processing charges; or
CAD $250

The exclusions and cap do not apply to the extent liability cannot legally be excluded or limited, including where applicable:

Fraud
Intentional misconduct
Gross negligence
Breach of non-waivable privacy obligations
Non-waivable consumer rights
Any other liability that Applicable Law prohibits Prosfora from limiting

This section applies only to Prosfora’s liability and does not determine liability between a Client and Provider.

Nothing in this section limits a Provider’s responsibility for Provider Services.

35. Indemnification and Responsibility for Claims

35.1 Providers and Business Users

To the maximum extent permitted by law, Providers and Business Users agree to indemnify and hold harmless Prosfora and its directors, officers, employees, contractors, agents, service providers, affiliates, and licensors from third-party claims, losses, liabilities, penalties, fines, and reasonable legal costs arising from:

Their breach of these Terms
Their Provider Services
Their Content
Their violation of law
Their fraud or material misrepresentation
Their negligence or wilful misconduct
Their employees, agents, or subcontractors
Their failure to obtain required licences, permits, registrations, insurance, or approvals
Their tax or employment obligations
Their infringement of third-party rights
Their unlawful circumvention of Prosfora
Their dispute with another User

The indemnity will be reduced to the extent the claim was caused by Prosfora’s fraud, intentional misconduct, gross negligence, or breach of a non-waivable legal duty.

Prosfora may control the defence of an indemnified claim where Prosfora assumes or is exposed to the defence cost.

The indemnifying User must reasonably cooperate.

No settlement may impose an admission, payment, or non-monetary obligation on a non-consenting party.

35.2 Consumers

A Consumer is not required by these Terms to defend or indemnify Prosfora merely because the Consumer used the Platform or had a good-faith dispute.

To the extent permitted by law, a Consumer remains responsible for direct losses caused by the Consumer’s:

Fraud
Intentional unlawful conduct
Knowing infringement
Malicious Content
Deliberate material misrepresentation

Nothing in this section limits a Consumer’s non-waivable rights.

36. Suspension, Restriction, and Termination

Prosfora may restrict, suspend, deactivate, or terminate an account, listing, payment feature, messaging feature, badge, or other Platform access where Prosfora reasonably believes:

These Terms were violated
Applicable Law was violated
False or misleading information was provided
Required documentation was not provided
Fraud or payment risk exists
A safety risk exists
Circumvention occurred
Personal information was misused
Harassment, discrimination, or abuse occurred
Repeated substantiated complaints were received
A regulator, court, Payment Processor, or law-enforcement authority requires action
Continued access may harm Prosfora, Users, or Platform integrity

Where appropriate, Prosfora may provide notice and an opportunity to respond.

Immediate action may be taken without advance notice where reasonably necessary for:

Safety
Fraud prevention
Legal compliance
Payment security
Evidence preservation
Prevention of ongoing harm

Termination does not eliminate obligations incurred before termination, including:

Unpaid Fees
Refunds
Chargebacks
Tax reporting
Indemnification
Dispute obligations
Record retention

37. Account Closure and Data Retention

A User may request account closure through available account tools or by contacting:

info@theprosfora.com

Account closure may be delayed where reasonably necessary to:

Complete an active Booking
Process a payout
Resolve a dispute
Address a Chargeback
Prevent fraud
Comply with tax or accounting rules
Comply with legal retention obligations
Protect safety
Enforce these Terms

Closing an account does not automatically delete all Transaction records.

Prosfora may retain information as described in the Privacy Policy and as reasonably necessary for:

Legal compliance
Tax reporting
Accounting
Fraud prevention
Safety
Dispute resolution
Enforcement
Backup systems

Privacy access, correction, and deletion requests will be handled under Applicable Law and the Privacy Policy.

38. Consumer Rights

Nothing in these Terms:

Requires a Consumer to waive a non-waivable right
Prohibits a lawful review
Requires mandatory pre-dispute arbitration
Requires another mandatory pre-dispute resolution process where prohibited
Prevents lawful access to a court or tribunal
Prevents participation in a class proceeding
Limits a statutory cancellation or refund right
Prevents a lawful credit-card reversal request
Permits an unfair or deceptive practice
Makes informal resolution a condition of commencing a lawful proceeding

If a provision conflicts with a non-waivable Consumer right, the Consumer right controls and the remaining provisions continue to apply.

39. Dispute Resolution with Prosfora

This section concerns disputes between a User and Prosfora.

It does not govern disputes solely between a Client and Provider.

39.1 Informal Resolution for Consumers

Consumers are encouraged, but are not required, to contact Prosfora before starting a formal proceeding.

A Consumer may send a written notice by email to:

info@theprosfora.com

or by mail to:

Prosfora Marketplace Inc.
Operating as Prosfora
112-970 Burrard Street, Office #1735
Vancouver, BC V6Z 2R4
Canada

The notice may include:

The Consumer’s name
Account email
Relevant Transaction
Description of the issue
Requested resolution
Supporting documents

Prosfora will attempt to review and resolve the matter in good faith.

The informal-resolution process:

Is voluntary for Consumers
Is not mandatory arbitration
Is not a condition precedent to legal action
Does not prevent a Consumer from contacting a regulator
Does not prevent a Consumer from accessing a court or tribunal
Does not prevent participation in a lawful class proceeding
Does not extend or shorten a legal limitation period

39.2 Consumers

A Consumer is not required by these Terms to submit a dispute to mandatory pre-dispute arbitration or another mandatory pre-dispute resolution process.

Nothing in these Terms prevents a Consumer from accessing:

A court
The Civil Resolution Tribunal
The Provincial Court of British Columbia
Another competent tribunal
A regulator
A lawful class proceeding

After a dispute arises, Prosfora and a Consumer may voluntarily agree to mediation, arbitration, or another process where lawful.

39.3 Informal Resolution for Providers and Business Users

Before commencing arbitration or ordinary court proceedings against Prosfora, a Provider or Business User must send a written notice by email to:

info@theprosfora.com

or by mail to:

Prosfora Marketplace Inc.
Operating as Prosfora
112-970 Burrard Street, Office #1735
Vancouver, BC V6Z 2R4
Canada

The notice must include, where available:

The User’s legal name
Account email
Relevant Transaction
Description of the dispute
Requested resolution
Supporting documents

Prosfora and the Provider or Business User will attempt in good faith to resolve the matter for at least 30 days after receipt of a sufficiently detailed notice.

This requirement does not prevent:

Urgent or temporary relief
Preservation of evidence
A filing necessary to protect a limitation period
A proceeding before a regulator or tribunal with exclusive jurisdiction
A low-value claim where a dispute-resolution term is inoperative under Applicable Law

39.4 Providers and Business Users

Subject to the exceptions below, a dispute between Prosfora and a Provider or Business User that is not resolved informally may be finally resolved by arbitration.

The arbitration will:

Be administered by the Vancouver International Arbitration Centre
Follow its applicable domestic commercial arbitration rules in effect when arbitration begins
Be governed by the Arbitration Act of British Columbia where applicable
Have its legal place in Vancouver, British Columbia
Be decided by one arbitrator
Be conducted in English
Be conducted remotely where reasonably practical unless the arbitrator directs otherwise
Be confidential, subject to legal disclosure and enforcement requirements

The arbitrator may award remedies available under Applicable Law and allocate costs under the applicable rules and law.

This arbitration provision does not apply where:

Applicable Law makes it void, inoperative, or unenforceable
The International Commercial Arbitration Act applies instead
The dispute is a low-value claim for which the arbitration term is inoperative under Applicable Law
A claim is eligible for and brought before the Civil Resolution Tribunal or Provincial Court
A regulator or statutory tribunal has exclusive jurisdiction
The parties agree in writing to another process

To the extent permitted by law, a Provider or Business User dispute will proceed individually and not as a class, collective, consolidated, or representative proceeding.

Any individual-proceeding restriction is void or inoperative to the extent Applicable Law provides otherwise.

39.5 Injunctive and Urgent Relief

Nothing prevents either party from seeking temporary or urgent court relief concerning:

Intellectual property
Confidential information
Account security
Fraud
User safety
Platform integrity
Unlawful circumvention
Preservation of evidence

Seeking urgent relief does not waive arbitration of the remaining dispute where arbitration otherwise lawfully applies.

40. Governing Law and Venue

These Terms are governed by the laws of British Columbia and the federal laws of Canada applicable in British Columbia, without regard to conflict-of-law principles.

Subject to:

Non-waivable rights
Applicable tribunal jurisdiction
The arbitration provisions above

the courts located in British Columbia have jurisdiction over disputes involving Prosfora.

Nothing in this section deprives a User of mandatory rights that apply in another jurisdiction and cannot legally be waived.

41. Electronic Communications and Legal Notices

You consent to receive electronic communications concerning:

Account security
Bookings
Messages
Payments
Payouts
Refunds
Disputes
Policy updates
Legal notices
Transaction records
Service announcements

Electronic communications may satisfy a legal writing requirement where permitted by law.

You must keep your email address and contact information current.

A notice to a User is effective according to Applicable Law and the delivery method used.

Legal Notices

Legal notices to Prosfora should be sent to:

Prosfora Marketplace Inc.
Operating as Prosfora

Email: info@theprosfora.com

Business and mailing address:
112-970 Burrard Street, Office #1735
Vancouver, BC V6Z 2R4
Canada

Booking Cancellation Requests

Requests to cancel a confirmed Booking must be sent to:

info@theprosfora.com

The request should include:

The User’s full name
The email address associated with the User’s Prosfora account
The relevant Booking or Transaction details
The scheduled service date
The reason for cancellation
Any relevant supporting information

A User should retain evidence of any legal notice or cancellation request sent.

42. Marketing Communications and CASL

Acceptance of these Terms does not, by itself, constitute consent to receive optional marketing communications.

Prosfora may send marketing communications only:

With valid consent
Where implied consent is legally available
Where another legal exception applies

Marketing communications will include identification and contact information and a working unsubscribe method where required.

A User may unsubscribe from optional marketing communications at any time.

Prosfora may continue to send essential non-marketing communications, including:

Security alerts
Booking confirmations
Payment notices
Account notices
Legal notices
Transactional messages

Users must not use Prosfora to send spam or unlawful commercial electronic messages.

43. Electronic Signatures and Records

You agree that electronic actions may constitute legally binding actions, including:

Creating an account
Clicking a button
Checking a box
Submitting a form
Accepting a quote
Confirming a Booking
Approving a change order
Making a payment
Sending a cancellation notice

Electronic records and signatures may be used to form and prove agreements to the extent permitted by Applicable Law.

Prosfora may maintain records of:

Timestamps
Account identifiers
Transaction events
Accepted versions of policies
Payment events
Communications
Technical records reasonably connected to acceptance

44. Changes to the Platform

Prosfora may add, remove, modify, suspend, replace, or discontinue:

Features
Categories
Listing types
Payment flows
Integrations
Search tools
Policies
Supported areas
Platform Services

Prosfora will not retroactively alter the agreed price or material terms of an active Booking merely by changing Platform functionality, except as required by law or expressly accepted.

Prosfora is not liable for a Platform change except where liability cannot legally be excluded.

45. Beta Features and Experiments

Prosfora may provide beta, experimental, early-access, or limited-release functionality.

Beta features may be:

Incomplete
Unstable
Inaccurate
Changed
Restricted
Removed

Beta features are provided on an “as is” and “as available” basis, subject to non-waivable rights.

Users should not rely on beta features for critical legal, financial, safety, or emergency purposes.

46. Force Majeure

Prosfora is not liable for delay or failure caused by events beyond its reasonable control, including:

Natural disasters
Fire
Flood
Severe weather
War
Terrorism
Civil unrest
Labour disputes
Government action
Court orders
Utility failures
Internet outages
Cyberattacks
Payment Processor failures
Hosting failures
Third-Party Service failures
Pandemics
Other events beyond reasonable control

This section does not excuse obligations that Applicable Law does not permit Prosfora to avoid.

47. Supported Service Area and International Access

Prosfora may be accessible outside the Supported Service Area or outside Canada.

Accessibility does not mean that:

Prosfora supports Bookings in every location
Every service is lawful in every jurisdiction
Every payment method is available
Prosfora complies with voluntary foreign-market requirements merely because the website can be viewed there

Users are responsible for laws applying where they access, offer, perform, or receive Provider Services.

Prosfora may block or restrict locations, categories, Users, or Transactions.

48. Sanctions and Export Controls

Users must not use Prosfora for a Transaction prohibited by sanctions or export-control laws applicable to:

Prosfora
The User
The Payment Processor
The Transaction
The relevant financial institution

You represent that you are not knowingly using Prosfora on behalf of a sanctioned or blocked person where the Transaction is prohibited.

Prosfora may suspend, block, reject, report, or terminate a Transaction or account where sanctions, export-control, payment, or legal risk reasonably exists.

This section does not impose a foreign sanctions regime on a User where that regime has no lawful application to Prosfora, the User, the Payment Processor, or the Transaction.

49. No Employment, Agency, Partnership, or Franchise

Nothing in these Terms creates an:

Employment relationship
Agency relationship
Partnership
Joint venture
Franchise
Fiduciary relationship
Contractor-subcontractor relationship
Representative relationship

between Prosfora and a Provider.

Providers independently determine, subject to the Client agreement and Applicable Law:

Whether to offer services
Which requests to accept
Their service methods
Their schedule
Their equipment
Their personnel
Their pricing
Their business expenses
Their tax obligations

Platform conduct, safety, payment, listing, and documentation rules do not by themselves create an employment relationship.

Legal classification depends on the actual relationship and Applicable Law, not solely on the label used in these Terms.

50. Assignment

A User may not assign or transfer:

These Terms
The User’s account
Payment rights
Platform obligations

without Prosfora’s prior written consent.

Prosfora may assign or transfer these Terms in connection with:

A merger
Acquisition
Financing
Restructuring
Sale of assets
Corporate reorganization
Transfer of business

Prosfora will provide notice where required by law.

An assignment does not eliminate non-waivable Consumer rights.

51. Severability

If a provision is found invalid, illegal, void, or unenforceable:

It will be enforced to the maximum lawful extent
It will be modified only to the minimum extent necessary where lawful
The remaining provisions will continue in effect

A court or tribunal should not modify a provision where Applicable Law instead requires the provision to be treated as void or inoperative.

52. No Waiver

Prosfora’s failure or delay in enforcing a provision is not a waiver.

A waiver by Prosfora must be in writing and applies only to the specific matter identified.

A waiver of one breach is not a waiver of a later breach.

53. Entire Agreement and Order of Precedence

These Terms, together with incorporated policies, form the agreement between the User and Prosfora concerning use of the Platform.

The service agreement between a Client and Provider is a separate agreement between those Users.

For a specific Transaction:

Non-waivable Applicable Law controls.
The accepted Booking Confirmation and written change orders control the specific scope, service price, timing, and Provider Services obligations between Client and Provider.
These Terms control the relationship between each User and Prosfora and general use of the Platform.
Applicable Fee, payment, cancellation, category, listing, verification, and safety rules apply to their respective subject matter.
The Privacy Policy controls Prosfora’s handling of personal information.
Community Guidelines and help materials apply where consistent with the documents above.
Marketing statements and summaries do not override the legal documents above.

A Provider and Client may not privately amend Prosfora’s Fees, payment rights, intellectual property rights, or Platform rules without Prosfora’s written consent.

54. Survival

The following provisions survive account closure, suspension, termination, or expiry to the extent necessary:

Prosfora’s Role
Payments
Payouts
Fees
Taxes and Reporting
No Circumvention
Refunds and Chargebacks
User Disputes
Content and Content Licence
Intellectual Property
Privacy and Records
Disclaimers
Limitation of Liability
Indemnification
Consumer Rights
Dispute Resolution
Governing Law
Assignment
Severability
No Waiver
Entire Agreement
Interpretation

Any other provision that by its nature should survive will also survive.

55. Interpretation

“Including” means “including without limitation.”
Headings are for convenience and do not limit interpretation.
Singular words include the plural where appropriate.
Plural words include the singular where appropriate.
References to laws include amendments, replacements, and successor legislation.
A reference to writing includes electronic writing where legally permitted.
A reference to Prosfora’s discretion means reasonable discretion exercised in good faith, subject to Applicable Law.
These Terms will not be interpreted against a party solely because that party drafted them.
If these Terms are translated, the English version controls unless Applicable Law requires otherwise.

56. Contact

For support, legal notices, Booking cancellation requests, privacy questions, or concerns regarding these Terms, contact:

Prosfora Marketplace Inc.
Operating as Prosfora

Email: info@theprosfora.com
Website: theprosfora.com

Business and mailing address:
112-970 Burrard Street, Office #1735
Vancouver, BC V6Z 2R4
Canada

Cancellation Requests

To request cancellation of a confirmed Booking, Clients and Providers must contact:

info@theprosfora.com

The request should include:

The User’s full name
The email address associated with the Prosfora account
The relevant Booking or Transaction information
The scheduled service date
The reason for cancellation
Any relevant supporting information

Privacy Requests

For privacy questions, complaints, access requests, correction requests, or other privacy matters, contact the Prosfora Privacy Officer at:

info@theprosfora.com

or by mail at:

Prosfora Marketplace Inc.
Attention: Privacy Officer
112-970 Burrard Street, Office #1735
Vancouver, BC V6Z 2R4
Canada