Terms of Service

1. Eligibility & age requirement

• Profound is for adults aged 18 or older. By creating an account or using the Services, you represent and warrant that you are at least 18 years old. The Services are not directed to, and may not be used by, anyone under 18.
• We do not knowingly permit anyone under 18 to register or use the Services. If we learn that an account belongs to a person under 18, we will terminate that account and delete the associated data in accordance with our Privacy Policy.
• You represent that you have the legal capacity to enter into these Terms in your jurisdiction, and that you are not on any U.S. Government list of prohibited or restricted parties.

2. Your account

• You must provide accurate registration information and keep it current. Misrepresenting your age — including any attempt to register or use the Services while under 18 — is a material breach of these Terms and will result in account termination.
• You are responsible for activity under your account and for keeping your credentials secure.
• One person, one account. Do not share or transfer your account.
• We may suspend, restrict, or terminate accounts at our discretion, including where we reasonably believe a user has violated these Terms or applicable law.

3. The relationship between users and Profound

Profound is a marketplace and communication platform. Experts are independent providers, not Profound's employees, agents, or partners. We do not supervise the substance of any session, do not guarantee outcomes, and are not a party to any engagement between a client and an expert. Experts set their own availability, offerings, and rates within the limits of these Terms.

4. Acceptable use & prohibited conduct

You agree not to use the Services to do or attempt any of the following, and not to help anyone else do them:

• Account eligibility. Register or use the Services if you are under 18, or assist anyone under 18 in doing so.
• Sexual content. No nudity, sexual content, sexual services, or sexually suggestive content on the Services, period.
• Off-platform payment circumvention. No directing other users off-platform for payment, booking, or contact in order to evade safety, payment, or tax controls.
• Harassment, threats, hate speech, doxing, stalking, or coordinated abuse.
• Violence, self-harm promotion, or content that endangers another person.
• Illegal goods or services, fraud, scams, phishing, or impersonation.
• CSAM (child sexual abuse material) of any kind. We have zero tolerance and will report to NCMEC's CyberTipline and to law enforcement.
• Automated scraping, reverse engineering, or interfering with the operation of the Services.
• Using the Services in violation of any law, regulation, or court order applicable to you.

See our Community Guidelines for additional behavioral expectations.

5. Reporting & cooperation with law enforcement

Use the in-app Report button, or email safety@getprofound.net, to flag content or conduct that violates these Terms or that endangers anyone's safety. We may suspend accounts during review. We cooperate with valid legal process and report suspected child sexual exploitation to the National Center for Missing & Exploited Children (NCMEC) and to law enforcement as required, including under 18 U.S.C. § 2258A.

6. Bookings, payments, and refunds

• Payments are processed by Stripe. By making a payment, you agree to Stripe's terms.
• Profound charges experts a service fee on completed sessions. We may offer optional paid features (such as ad campaigns) on disclosed terms.
• Cancellation and refund eligibility are shown at checkout and depend on how close to the session start the cancellation is made. As a default rule, sessions cancelled within one hour of start time are not refundable.
• Chargebacks initiated outside the in-app refund flow may result in account suspension while we investigate.
• Taxes are your responsibility unless we are legally required to collect them.

7. User content & license to Profound

You retain ownership of the content you submit to the Services (profile information, messages, recordings authorized in-app, etc.). You grant Profound a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (only as necessary to operate the Services, e.g. resizing images), transmit, and display your content for the purpose of providing and improving the Services. You represent you have all rights necessary to grant this license and that your content does not infringe anyone else's rights.

We may remove content that violates these Terms or applicable law.

8. Third-party services

The Services rely on third-party providers including Google Firebase (auth, storage, functions), Stripe (payments), Agora (real-time video), and Apple/Google for app distribution. Their terms apply to their portions of the Services. We are not responsible for third-party services we do not control.

9. Disclaimers

The Services are provided "as is" and "as available." To the fullest extent permitted by law, Profound disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade. We do not warrant that the Services will be uninterrupted, error-free, or secure, or that any expert is qualified, vetted beyond what we expressly state, or appropriate for your situation.

10. Limitation of liability

To the fullest extent permitted by law, Profound and its officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, data, goodwill, or business opportunity, arising out of or related to the Services or these Terms, even if advised of the possibility of such damages. Profound's total aggregate liability for all claims relating to the Services is limited to the greater of (a) the amounts you paid to Profound in the twelve (12) months immediately preceding the event giving rise to the claim, or (b) USD $100.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages; in those jurisdictions our liability is limited to the maximum extent permitted by law. Nothing in these Terms limits liability for gross negligence, willful misconduct, or for any other liability that cannot lawfully be limited.

11. Indemnification

You agree to defend, indemnify, and hold harmless Profound from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your use of the Services; (b) your content; (c) your violation of these Terms; or (d) your violation of any law or the rights of any third party.

12. Dispute resolution — arbitration & class-action waiver (U.S. users)

Read this section carefully. If you are a user located in the United States, you and Profound agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules, in San Francisco, California, except that you may bring qualifying claims in small-claims court. You and Profound waive any right to a jury trial and to participate in a class action, class arbitration, or representative action.

Carve-outs. This arbitration provision does not apply: (a) to users in jurisdictions where mandatory arbitration is unenforceable (including residents of the EU/EEA, the United Kingdom, and other jurisdictions that prohibit such waivers); or (b) to claims for injunctive or other equitable relief related to intellectual-property rights or unauthorized access. You may opt out of arbitration within 30 days of first accepting these Terms by emailing legal@getprofound.net with the subject line "Arbitration Opt-Out".

13. Governing law & venue

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles. Subject to Section 12, the exclusive venue for any proceeding is in the state and federal courts located in Wilmington, Delaware, and you consent to personal jurisdiction there. Mandatory consumer-protection rules of your country of residence (where applicable) are not displaced by this section.

14. Changes to these Terms

We may update these Terms from time to time. When we make material changes, we will update the version above and require you to re-accept on next login. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.

15. Termination

You may stop using the Services at any time and request account deletion through your account settings or by emailing privacy@getprofound.net. We may suspend or terminate your access at our discretion, with or without notice, including for violations of these Terms or where we reasonably believe your use poses a safety, legal, or reputational risk. Provisions that by their nature should survive termination (including Sections 9–13) will survive.

16. Miscellaneous

These Terms, together with the documents linked above, constitute the entire agreement between you and Profound regarding the Services. Our failure to enforce any provision is not a waiver. If any provision is unenforceable, the remaining provisions remain in effect. You may not assign these Terms; we may assign them in connection with a corporate transaction.

17. Contact

Questions about these Terms? Email legal@getprofound.net. Safety concerns: safety@getprofound.net. Privacy questions: privacy@getprofound.net.