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Agreement to Terms
By accessing or using Profound ("the Service," "our app," or "the Platform"), you agree to be bound by these Terms of Service. If you do not agree to these terms, please do not use our Service.
1. Description of Service
Profound is a marketplace platform that connects clients seeking expert guidance with verified service providers ("Experts"). We facilitate bookings, payments, and communications between users but are not directly providing the expert services ourselves.
2. Eligibility
To use Profound, you must:
- Be at least 18 years of age
- Have the legal capacity to enter into binding contracts
- Provide accurate and complete registration information
- Comply with all applicable local, state, and federal laws
3. Account Registration and Security
3.1 Account Creation
You must create an account to use most features of our Service. You agree to:
- Provide accurate, current, and complete information
- Maintain and promptly update your account information
- Maintain the security and confidentiality of your login credentials
- Notify us immediately of any unauthorized use of your account
3.2 Account Responsibility
You are responsible for all activities that occur under your account. We are not liable for any loss or damage arising from unauthorized use of your account.
4. User Roles and Responsibilities
4.1 Clients
As a client, you agree to:
- Provide accurate information when booking sessions
- Attend scheduled sessions or cancel with appropriate notice
- Pay for services as agreed
- Treat experts with respect and professionalism
- Provide honest feedback and reviews
4.2 Experts
As an expert, you agree to:
- Accurately represent your credentials, experience, and expertise
- Provide quality services in a professional manner
- Honor your commitments and scheduled sessions
- Maintain appropriate licenses, certifications, and insurance as required by law
- Comply with all applicable professional standards and regulations
- Set fair and reasonable pricing
5. Bookings and Payments
5.1 Booking Process
- Clients can browse expert profiles and book sessions through the app
- Bookings are confirmed when payment is successfully processed
- Both parties receive confirmation via SMS and email
5.2 Payment Processing
- All payments are processed securely through Stripe
- Clients are charged at the time of booking
- Profound charges a service fee on each transaction
- Experts receive payment after successful session completion
5.3 Platform Fees
Profound charges service fees for facilitating connections between clients and experts. Current fee structure:
- Service fee: Percentage of booking amount (disclosed at checkout)
- Payment processing fee: Passed through from Stripe
- Fees are subject to change with 30 days notice
6. Cancellations and Refunds
6.1 Cancellation Policy
- More than 24 hours before session: Full refund to client
- Less than 24 hours before session: 50% refund to client, 50% to expert
- No-show by client: No refund, full payment to expert
- No-show by expert: Full refund to client plus $25 credit
6.2 Dispute Resolution
If you have a dispute about a session or payment, contact support@getprofound.net within 7 days. We will investigate and make a fair determination. Our decision is final.
7. SMS Communications
Text Message Terms
By providing your phone number, you consent to receive automated text messages from Profound, including:
- Booking confirmations
- Session reminders
- Cancellation notifications
- Account security alerts
Opt-Out: Reply STOP to opt out. Reply HELP for help.
Message Frequency: Varies based on activity, typically 2-4 messages per booking.
Carriers: Supported carriers include AT&T, T-Mobile, Verizon, Sprint, and others.
Cost: Message and data rates may apply.
See our SMS Terms and Conditions for complete details.
8. Content and Intellectual Property
8.1 Your Content
You retain ownership of content you upload (photos, videos, messages, reviews). By uploading content, you grant Profound a worldwide, non-exclusive license to use, display, and distribute your content solely to provide our services.
8.2 Expert Content
Experts grant Profound permission to display their profiles, portfolios, and service information on the platform.
8.3 Our Content
Profound's brand, logo, design, and original content are protected by copyright and trademark laws. You may not use our intellectual property without written permission.
9. Prohibited Conduct
You may not:
- Violate any laws or regulations
- Impersonate others or provide false information
- Harass, abuse, or harm other users
- Circumvent payment systems or fees
- Use the platform for illegal activities
- Scrape, data mine, or use automated systems to access the platform
- Upload malicious code, viruses, or harmful content
- Interfere with the proper functioning of the platform
- Attempt to circumvent security or access restrictions
10. Content Moderation and Removal
We reserve the right to:
- Review, monitor, and moderate user content
- Remove content that violates these terms
- Suspend or terminate accounts that violate our policies
- Refuse service to anyone for any reason
11. Disclaimers and Limitations
Important Disclaimers
- No Employment Relationship: Profound does not employ experts. Experts are independent contractors.
- Expert Services: We do not endorse, guarantee, or verify the quality of expert services. We facilitate connections but are not responsible for service delivery.
- Professional Advice: Profound is not a substitute for professional medical, legal, financial, or other licensed professional advice.
- As-Is Service: The platform is provided "as is" without warranties of any kind.
11.1 Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROFOUND SHALL NOT BE LIABLE FOR:
- Indirect, incidental, special, or consequential damages
- Loss of profits, revenue, data, or business opportunities
- Damages arising from expert services or interactions between users
- Damages exceeding the amount paid to Profound in the past 12 months
12. Indemnification
You agree to indemnify and hold harmless Profound, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including legal fees) arising from:
- Your use of the platform
- Your violation of these terms
- Your violation of any rights of another party
- Services provided or received through the platform
13. Termination
We may suspend or terminate your account at any time for:
- Violation of these terms
- Fraudulent activity
- Abuse of the platform or other users
- Any reason with or without notice
You may terminate your account at any time through the app settings or by contacting us.
14. Modifications to Terms
We may update these Terms of Service from time to time. Significant changes will be communicated via email or through the app. Continued use of the service after changes constitutes acceptance of the updated terms.
15. Governing Law and Disputes
These terms are governed by the laws of the State of [Your State], United States, without regard to conflict of law principles.
15.1 Arbitration Agreement
Any disputes arising from these terms or use of the platform shall be resolved through binding arbitration rather than in court, except you may assert claims in small claims court if they qualify.
15.2 Class Action Waiver
You agree to resolve disputes on an individual basis only. You waive any right to participate in class action lawsuits or class-wide arbitration.
16. Severability
If any provision of these terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
17. Contact Us
If you have questions about these Terms of Service, contact us:
- Email: legal@getprofound.net
- Support: support@getprofound.net
- Phone: 1-800-555-1234
- Website: www.getprofound.net
Effective Date: These Terms of Service are effective as of January 1, 2025.
Acceptance: By using Profound, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.