Terms of Service

1. What FivsPro is — and isn't

FivsPro is an online venue, similar to a classifieds site, where people who need a service ("Customers") and independent businesses and tradespeople who offer services ("Pros") can find each other, exchange messages, request and share quotes, and record bookings. Customers and Pros together are "users".

FivsPro is not a service provider or a party to any agreement between users. In particular, FivsPro:

• doesn't perform, supervise, direct or control any service a Pro offers;
• doesn't employ Pros, and isn't their agent, partner, contractor, subcontractor or joint venturer;
• doesn't recommend, endorse, rank for quality or guarantee any Pro, Customer, service, price or outcome — search order reflects factors such as relevance, location, ratings, profile completeness and the Pro's subscription plan;
• doesn't collect, hold or process payment for the work, and isn't responsible for any payment between users; and
• doesn't settle disputes between users about the work.

Any agreement for services is made directly and only between the Customer and the Pro. Each of them is solely responsible for deciding whether to enter into it and for complying with it.

2. Where FivsPro is available

FivsPro operates in Canada only. At present it is available in Ontario; we plan to open British Columbia, Alberta and Nova Scotia soon. FivsPro is not available in Quebec or outside Canada. Pros may list services, and Customers may send requests, only for work located in a province where FivsPro is available. We may add or withdraw regions at any time.

3. Eligibility and your account

To use FivsPro you must:

• be at least 18 years old and able to enter into a binding contract;
• live in, or (for Pros) operate a business in, a province where FivsPro is available;
• give accurate, current and complete information, and keep it up to date; and
• keep your login details confidential. You're responsible for everything done through your account.

One person or business may hold only one account of each type. Tell us right away at support@fivspro.com if you think someone else has used your account. We may refuse or close an account at our discretion.

4. Pros are independent businesses

If you use FivsPro as a Pro, you do so as an independent business, on your own account. Nothing in these Terms makes you an employee, worker, agent or contractor of FivsPro, and you have no authority to bind FivsPro. You alone decide which requests to accept, what to charge, how and when to do the work, and whom you engage to help you.

4.1 Your responsibilities

You're solely responsible for:

• the quality, legality and performance of your services, and any warranty you give;
• holding every licence, certificate of qualification, permit, registration and insurance the law requires for your services, in every place you offer them (for example, requirements set by Skilled Trades Ontario, the ESA, the TSSA, your municipality or WSIB);
• complying with consumer-protection, workplace, tax, privacy, anti-spam and all other applicable laws, including giving Customers any written contract, estimate or cancellation rights the law requires;
• your own taxes, including collecting and remitting GST/HST where required; and
• the accuracy of your profile, prices, portfolio, documents and everything else you post.

4.2 Declarations

When you register as a Pro you confirm that:

1. I run an independent business. I'm not an employee, agent or contractor of FivsPro.
2. I hold every licence, permit, registration and insurance the law requires for the services I offer, in each place I offer them.
3. Everything I post — including documents I upload — is accurate and belongs to me.

You must keep these statements true for as long as you use FivsPro. We rely on them but don't check them. Giving false information may lead to your account being suspended or closed, and may expose you to claims by Customers or others.

4.3 Leads

A Lead Unlock Credit reveals a Customer's contact details for a request they sent you. FivsPro doesn't promise any number or quality of requests, that any Customer will hire you, or that any information a Customer gives is accurate. You may use a Customer's contact details only to respond to that request.

5. Customers choose whom to hire

If you use FivsPro as a Customer, you alone decide whether to contact, hire or pay a Pro. Before you hire anyone, we encourage you to compare several Pros, ask for and check references, confirm any licence or insurance with the issuer or insurer, and agree the scope, price, timing, payment and any warranty in writing. See our Tips for hiring a pro.

You pay the Pro directly, on terms you agree with them. FivsPro isn't a party to that payment and can't refund it.

6. Dealing with other users is at your own risk

You use FivsPro, and deal with other users, at your own risk. FivsPro doesn't screen users beyond the ID check described in section 7, and can't control or be responsible for what users do, say, post or provide — on or off the Platform — including the quality, timeliness, legality or outcome of any work, any damage to property or injury to persons, or any payment between users.

Use your own judgment. Be cautious when sharing personal information, letting someone into your home or workplace, or paying in advance. If you believe a user has committed a crime, contact the police.

7. ID checks, documents and badges

7.1 "ID verified"

Before a Pro can receive requests or messages, they must complete an identity check run by our service provider, Stripe (Stripe Identity), which compares a government-issued photo ID with a live selfie. A Pro who passes shows an "ID verified" badge. The badge means only that the check was passed at the time. It is not a background or criminal-record check, and it says nothing about the Pro's character, skills, qualifications, licences, insurance, business practices or suitability for any job. FivsPro relies on Stripe's result and doesn't guarantee it.

7.2 "Documents provided by pro"

Pros may upload licences, insurance certificates, certifications and similar documents. We show these on the Pro's profile as "Documents provided by pro". FivsPro doesn't verify these documents — we don't check that they're genuine, current, valid, adequate for any job, or that they belong to the Pro. Confirm them yourself with the issuer before you rely on them.

7.3 No background checks

FivsPro doesn't conduct, request or display background checks, criminal-record checks or vulnerable-sector checks, and no feature of the Platform should be understood to mean that any user has passed one.

7.4 Other information

Ratings, reviews, response rates, "available today" indicators, AI-generated summaries and suggestions, and all other profile information come from users or are generated automatically. They're provided for convenience only and may be incomplete or inaccurate.

8. Your content and listings

You're responsible for everything you post, upload or send through FivsPro — profiles, photos, documents, messages, quotes, requests and reviews ("Your Content"). You confirm you have the right to post it and that it's accurate and lawful. You keep ownership of Your Content, and you grant FivsPro a non-exclusive, royalty-free, worldwide licence to host, store, reproduce, display, adapt (for formatting) and distribute it to operate, improve and promote the Platform, for as long as it's on the Platform and for a reasonable time afterward for backups, legal and record-keeping purposes.

We don't pre-screen Your Content and have no duty to monitor the Platform, but we may review, refuse, edit for formatting, hide or remove any content, listing or document at any time and for any reason, including if we believe it breaks these Terms or the law. Removing or not removing content isn't an endorsement of it or of any user.

9. Rules of conduct

You agree not to:

• post false, misleading or fraudulent information, including fake documents, fake reviews or impersonation;
• offer or request services that are illegal, or that you're not licensed or insured to perform where the law requires it;
• describe yourself, another user or FivsPro as endorsed, certified, vetted or guaranteed by FivsPro;
• harass, threaten, defame or discriminate against anyone, including on grounds protected by the Ontario Human Rights Code or other human-rights laws;
• send spam or commercial messages that breach Canada's Anti-Spam Legislation, or use another user's contact details for anything other than the request they relate to;
• scrape, copy, reverse-engineer or overload the Platform, use bots, or bypass any security or access control;
• create extra accounts to avoid a suspension, a limit or our fees; or
• infringe anyone's intellectual-property, privacy or other rights, or break any law.

You can report a user or content to support@fivspro.com. We'll review reports and act as we consider appropriate, but we don't promise any particular outcome.

10. Reviews

Only a Customer whose booking with a Pro was marked completed can review that Pro. Reviews must be honest, based on the reviewer's own experience, and must not include personal information, offensive content or anything unlawful. Reviews are the opinions of the users who write them, not of FivsPro. We don't verify what reviews say, but we may remove reviews that break these Terms. Pros may respond to reviews and report reviews they believe break these Terms.

11. Plans, credits and billing

11.1 Pro plans

Pros pay for a subscription plan (Starter, Professional or Elite), monthly or annually. Prices are shown in Canadian dollars (CAD) in the app before you buy and are subject to applicable taxes. Customers use FivsPro for free.

11.2 Store billing, renewal and cancellation

Plans and Lead Unlock Credit packs are sold as in-app purchases and billed by Google Play or the Apple App Store under their terms. Subscriptions renew automatically at the end of each period until you cancel them in your store account settings; cancellation takes effect at the end of the current period and you keep access until then. Refunds for store purchases are handled by Google or Apple under their refund policies, and except where the law requires otherwise, fees already paid aren't refundable by FivsPro — including where your account is suspended or closed for breaking these Terms.

11.3 Lead Unlock Credits

Credits have no cash value, can't be transferred or sold, and can be used only on FivsPro. Monthly plan credits expire as described in the app (Professional plans may roll over a limited number); purchased credits don't expire while your account is open. If a Customer cancels a request within 30 minutes of your unlock, the credit is returned to your balance. If a Customer's phone number turns out to be invalid, contact support and we'll review a credit refund. Credits end when your account is closed.

11.4 Price changes

We may change prices or plan features. We'll give you reasonable notice before a price change affects your next renewal, and you can cancel before it takes effect.

12. How we contact you

FivsPro contacts users by push notification and email only. FivsPro does not send SMS or text messages. We send service messages (such as verification codes, new requests, replies, booking updates and billing notices) as part of operating your account. We send marketing emails only with your consent, as required by Canada's Anti-Spam Legislation, and every marketing email lets you unsubscribe. You can turn push notifications off in your device settings. Any text message claiming to be from FivsPro isn't from us.

13. Third-party services

The Platform relies on third parties such as Stripe (identity checks), Google and Apple (app stores, billing and push notifications), RevenueCat (subscription management), mapping providers and AI providers. Your use of their services may be subject to their own terms and privacy policies. FivsPro isn't responsible for third-party services, websites or content.

14. Disclaimers

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE". FIVSPRO MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED — INCLUDING OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT — AND DOES NOT GUARANTEE THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE.

FIVSPRO DOES NOT VET, SCREEN, ENDORSE OR GUARANTEE ANY USER. IT MAKES NO REPRESENTATION ABOUT ANY USER'S IDENTITY (BEYOND THE RESULT OF THE ID CHECK DESCRIBED IN SECTION 7), BACKGROUND, CHARACTER, QUALIFICATIONS, LICENCES, INSURANCE, RELIABILITY OR WORK, OR THAT DEALING WITH ANY USER IS SAFE, OR ABOUT THE ACCURACY OF ANY PROFILE, DOCUMENT, REVIEW OR OTHER CONTENT.

Some jurisdictions don't allow certain warranties or conditions to be excluded. Nothing in these Terms excludes any right you have under the Consumer Protection Act, 2002 (Ontario) or other consumer-protection law that can't be excluded by contract.

15. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FIVSPRO AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR: (A) ANY ACT, OMISSION, CONTENT, SERVICE, PRODUCT OR PAYMENT OF ANY USER OR THIRD PARTY; (B) ANY DISPUTE BETWEEN USERS; (C) ANY PERSONAL INJURY, PROPERTY DAMAGE OR LOSS ARISING FROM WORK ARRANGED THROUGH, OR A MEETING WITH A USER MET THROUGH, THE PLATFORM; OR (D) ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR OPPORTUNITY — HOWEVER CAUSED, AND EVEN IF WE WERE TOLD THEY WERE POSSIBLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, FIVSPRO'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE PLATFORM OR THESE TERMS IS LIMITED TO THE GREATER OF (I) THE AMOUNT YOU PAID FIVSPRO (DIRECTLY OR THROUGH AN APP STORE) IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, AND (II) ONE HUNDRED CANADIAN DOLLARS (CA$100).

These limits don't apply to liability that can't be limited by law, such as liability for fraud or, where applicable, gross negligence or intentional misconduct.

16. Release

Because FivsPro isn't a party to dealings between users, if you have a dispute with one or more users, you release FivsPro (and its directors, officers, employees, agents and service providers) from all claims, demands and damages of every kind, known and unknown, arising out of or connected with that dispute, to the fullest extent permitted by law.

17. Indemnity

To the extent permitted by law, you will indemnify and hold harmless FivsPro and its directors, officers, employees, agents and service providers from any claim, loss, liability, damage, cost or expense (including reasonable legal fees) made by a third party or arising from: (a) your breach of these Terms or of any law; (b) Your Content; (c) any service you provide or receive, or any agreement you make with another user; or (d) your infringement of anyone's rights.

18. Suspension and termination

You can stop using FivsPro and delete your account at any time in the app (Profile → Delete account) or at fivspro.com/account/delete. Cancel any store subscription separately in your Google Play or App Store settings.

We may suspend, limit or close your account, hide or remove your listings, or refuse service at any time, with or without notice, if we believe you've broken these Terms or the law, created risk or possible legal exposure for FivsPro or other users, or if required by law. Sections 1, 4.1, 6, 7, 8 (licence for existing content), 13 to 17, 19 and 21 continue after your account ends.

19. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. Subject to any consumer-protection law that gives you the right to bring proceedings elsewhere, you and FivsPro agree to the exclusive jurisdiction of the courts of Ontario, sitting in Toronto.

Before starting any proceeding against FivsPro, please email legal@fivspro.com with a description of your concern and give us 30 days to try to resolve it informally. Nothing in this section limits any right a consumer has under the Consumer Protection Act, 2002 (Ontario), including the right to go to court or take part in a class proceeding.

20. Changes to FivsPro and these Terms

We may change, add or remove features of the Platform at any time. We may also update these Terms. If we make a material change, we'll tell you in the app or by email before it takes effect, and we'll update the effective date above. If you keep using FivsPro after the change takes effect, you accept the updated Terms; if you don't agree, stop using FivsPro and close your account.

21. General

• Ownership. The Platform — the FivsPro apps, website, software, content we create, and the FivsPro name and logo — is developed and owned by Axieo Technologies Inc. Except for content you post, nothing in these Terms gives you any ownership of it or any right to use it other than to use the Platform as these Terms allow.
• Entire agreement. These Terms and the Privacy Policy are the entire agreement between you and FivsPro about the Platform.
• Severability. If any part of these Terms is found unenforceable, the rest stays in effect and the affected part is enforced to the greatest extent permitted.
• No waiver. If we don't enforce a right, we haven't waived it.
• Assignment. You may not transfer your account or these Terms. We may assign these Terms, including to a successor in a merger, reorganisation or sale of assets.
• Force majeure. We aren't responsible for delays or failures caused by events beyond our reasonable control.
• Language. The parties have requested that these Terms and all related documents be drawn up in English. Les parties ont exigé que la présente convention et tous les documents connexes soient rédigés en anglais.

22. Contact us

See also: Privacy Policy · Tips for hiring a pro