These Terms of Service ("Terms") constitute a legally binding agreement between you and FivsPro Inc.("FivsPro", "we", "us", or "our"). By accessing or using our platform — whether as a customer seeking services or a service provider listing your business — you unconditionally accept these Terms in full. If you do not agree, you must not use the platform.
FivsPro is an online marketplace and technology platform that connects customers ("Customers") with independent service providers ("Providers") across the United States and Canada. FivsPro provides the software, search tools, messaging infrastructure, booking systems, and payment facilitation that enable these connections.
FivsPro is not a service provider. We do not employ Providers, perform any services, or act as a contractor or sub-contractor for any work arranged through the platform. All services are performed entirely by independent Providers who are solely responsible for the quality, safety, legality, and completion of the services they offer.
To use FivsPro you must:
You are responsible for all activity that occurs under your account. You must notify us immediately at legal@fivspro.com if you suspect unauthorized access to your account. FivsPro reserves the right to refuse registration or suspend any account at its sole discretion.
All individuals registering as service providers on FivsPro are required to make the following legally binding self-declarations at the time of registration:
I confirm I have no criminal convictions related to my trade or profession that would make it unsafe or illegal for me to provide the services I am listing.
I confirm I hold valid insurance appropriate to the services I offer, including but not limited to public liability insurance where applicable.
I confirm that all qualifications, certifications, licences, and credentials I list on my profile are genuine, current, and have been lawfully obtained.
These declarations are made under penalty of immediate account termination without refund, civil liability, and potential referral to law enforcement authorities. Providing false declarations constitutes fraud and misrepresentation, which may result in legal action by FivsPro, affected Customers, or both.
FivsPro conducts identity verification ("ID Verification") on service providers to confirm that the person registering on the platform is who they claim to be. ID Verification is performed through third-party identity verification services and may require you to submit government-issued identification documents. Completion of ID Verification may be required to receive the "Verified" badge and to maintain active listing status on certain subscription tiers.
Important limitation: ID Verification confirms only that a Provider's stated identity matches their provided identification documents. It does not constitute a comprehensive criminal background check, professional licence verification, insurance confirmation, or any guarantee of a Provider's competence, character, or fitness to perform services. FivsPro makes no representation that any Provider is safe, suitable, or qualified beyond what is stated on their profile.
Providers may submit copies of professional certifications and licences for administrative review. FivsPro may display a "Certified" indicator on a Provider's profile where submitted documentation appears facially valid. This review is administrative only — FivsPro does not verify certifications with issuing bodies and cannot confirm that any certification remains current, has not been revoked, or was legitimately issued.
Notwithstanding any identity verification, self-declaration review, certification display, or "Verified" or "Certified" badge shown on the platform, FivsPro does not warrant, guarantee, or represent that any Provider: (a) has no criminal history; (b) is appropriately licensed or insured; (c) will perform services safely, legally, or competently; or (d) is free from any risk to persons or property. Customers engage Providers entirely at their own risk.
The "Verified" badge and similar trust indicators are provided solely for informational purposes to reflect that administrative steps have been taken by FivsPro. They do not constitute an endorsement, warranty, or recommendation by FivsPro of any Provider.
Service providers access FivsPro through paid subscription plans ("Subscription"). Subscription fees are charged in advance on a monthly or annual basis beginning on the date of registration ("Billing Date"). The applicable fee depends on the plan selected at registration:
All prices are exclusive of applicable taxes. Taxes (including GST, HST, PST, or sales tax) may apply depending on your jurisdiction and will be added at checkout where required by law.
Subscription fees are charged immediately upon completion of provider registration, except where a free trial period applies. By completing registration and providing your payment method, you authorize FivsPro to charge the applicable subscription fee on the Billing Date and on each subsequent renewal date.
Because FivsPro incurs costs for identity verification, platform access, and administrative processing immediately upon registration:
All subscription fees paid are strictly non-refundable, including in the following circumstances:
Notwithstanding the above, FivsPro may, at its sole discretion, issue credits (not cash refunds) in exceptional circumstances. This policy does not affect any rights you may have under applicable consumer protection law that cannot be contractually excluded.
Providers may cancel their subscription at any time through their account settings or by contacting support. Cancellation takes effect at the end of the then-current billing period. You retain access to your subscription features until the billing period expires. No prorated refunds are issued for unused portions of any billing period.
Subscriptions renew automatically unless cancelled at least 24 hours before the next renewal date. FivsPro will attempt to notify you before renewal via the email address on your account. You are responsible for ensuring your payment method remains valid and up to date.
You agree not to use FivsPro to:
Violations may result in immediate account suspension or termination without notice or refund, and FivsPro reserves the right to pursue all available legal remedies.
Customers may leave reviews and ratings for Providers following a completed booking. Reviews must be honest, based on genuine first-hand experience, and must not contain defamatory, offensive, or unlawful content. FivsPro reserves the right to remove reviews that violate these standards.
FivsPro does not verify the accuracy of reviews and is not liable for any review content. Providers may report reviews they believe are fraudulent or in breach of these Terms. FivsPro's decision on any review dispute is final.
FivsPro uses Stripe, Inc. as its third-party payment processor. By using payment features on the platform, you agree to Stripe's terms of service and privacy policy in addition to these Terms. FivsPro does not store full payment card details on its servers.
All transactions between Customers and Providers are made directly between those parties. FivsPro is not a party to any service contract and does not hold client funds in escrow unless expressly stated for a specific product feature.
All content on the FivsPro platform — including but not limited to software, design, text, graphics, logos, and the FivsPro name and trademarks — is owned by or licensed to FivsPro Inc.and is protected by applicable intellectual property laws. You may not copy, reproduce, modify, distribute, or create derivative works from any FivsPro content without our express prior written consent.
By submitting content to the platform (including profile text, photos, and portfolio items), you grant FivsPro a worldwide, non-exclusive, royalty-free licence to use, display, and promote that content in connection with operating and marketing the platform.
THE FIVSPRO PLATFORM AND ALL CONTENT, TOOLS, AND SERVICES PROVIDED THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, OR AVAILABILITY. FIVSPRO DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIVSPRO EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY ACT, OMISSION, NEGLIGENCE, FRAUD, MISREPRESENTATION, INJURY, LOSS, OR DAMAGE OF ANY KIND ARISING FROM OR RELATED TO: (A) THE CONDUCT, SERVICES, OR REPRESENTATIONS OF ANY PROVIDER; (B) ANY WORK PERFORMED OR NOT PERFORMED BY A PROVIDER; (C) ANY PERSONAL INJURY, PROPERTY DAMAGE, OR FINANCIAL LOSS SUFFERED IN CONNECTION WITH SERVICES BOOKED THROUGH THE PLATFORM; OR (D) THE ACCURACY OR COMPLETENESS OF ANY PROVIDER PROFILE, REVIEW, RATING, OR VERIFICATION STATUS DISPLAYED ON THE PLATFORM.
THE EXISTENCE OF A "VERIFIED," "CERTIFIED," OR "INSURED" BADGE ON A PROVIDER PROFILE DOES NOT CONSTITUTE A GUARANTEE, WARRANTY, OR REPRESENTATION BY FIVSPRO REGARDING THAT PROVIDER'S CRIMINAL HISTORY, PROFESSIONAL COMPETENCE, INSURANCE COVERAGE, LICENSING STATUS, OR FITNESS TO PERFORM ANY SERVICE. CUSTOMERS ENGAGE PROVIDERS ENTIRELY AT THEIR OWN RISK AND ARE ENCOURAGED TO CONDUCT THEIR OWN DUE DILIGENCE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIVSPRO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES — INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY — ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF FIVSPRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ALL CASES, FIVSPRO'S TOTAL AGGREGATE LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL SUBSCRIPTION FEES PAID BY YOU TO FIVSPRO IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED US DOLLARS (USD $100.00).
You acknowledge that the disclaimers and limitations of liability set out in this Section 9 reflect a reasonable and fair allocation of risk between the parties, that FivsPro would not have entered into these Terms or provided access to the platform without these limitations, and that these limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.
You agree to indemnify, defend, and hold harmless FivsPro and its directors, officers, employees, agents, and licensors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:
Please read this section carefully. It affects your legal rights.
Any dispute, claim, or controversy arising out of or relating to these Terms or the use of the platform ("Dispute") shall first be submitted to informal negotiation. You must contact FivsPro at legal@fivspro.com with a written description of your Dispute. We will attempt to resolve the Dispute within 30 days.
If the Dispute cannot be resolved informally, it shall be submitted to binding arbitration administered by a recognized arbitration body (such as the American Arbitration Association or JAMS) in accordance with its Commercial Arbitration Rules. Arbitration shall take place in [City, State], United States, or via video conference. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
CLASS ACTION WAIVER: You waive any right to participate in a class action lawsuit or class-wide arbitration against FivsPro. All Disputes must be brought on an individual basis only.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. For users located in Canada, mandatory consumer protection provisions of applicable provincial law shall also apply to the extent they cannot be contractually excluded.
Nothing in these Terms limits any rights you may have under the Consumer Protection Act (Ontario), the Business Practices and Consumer Protection Act (BC), or equivalent provincial legislation, to the extent such rights cannot be waived by contract.
FivsPro may suspend or terminate your account at any time, with or without notice, for any reason including breach of these Terms, fraudulent conduct, non-payment, or if we determine in our sole discretion that your continued use poses a risk to other users or the platform.
Upon termination: (a) your right to access the platform ceases immediately; (b) you remain liable for all fees owing up to the date of termination; and (c) Sections 3, 9, 10, 11, and 12 of these Terms survive termination indefinitely.
FivsPro reserves the right to modify these Terms at any time. We will provide reasonable notice of material changes by posting the updated Terms on this page with a new effective date, and where practicable, by sending an email notification to the address on your account. Your continued use of the platform after the effective date of revised Terms constitutes your acceptance of those changes. If you do not agree to the revised Terms, you must discontinue use and cancel your subscription.
For any questions, concerns, or legal notices regarding these Terms, please contact:
Important Notice: These Terms of Service have been drafted to provide broad legal protection for FivsPro while complying with applicable law in the United States and Canada. This document is not a substitute for jurisdiction-specific legal advice. FivsPro recommends periodic review of these Terms with qualified legal counsel as the platform grows and regulations evolve.
See also: Privacy Policy