Dude, Where's My Pro?

Version 3 · Last Updated October 16, 2026

Dude Where’s My Pro

Customer Terms of Service

Contents

These Customer Terms of Service (the "Terms") govern your use of the Dude Where’s My Pro mobile application and related website (together, the "Platform"), operated by Modest Services LLC, a Texas limited liability company doing business as Dude Where’s My Pro ("we," "us," or "our"). Please read Section 21, which requires most disputes to be resolved by individual arbitration and limits your right to participate in class actions.

SECTION 1. ACCEPTANCE, ELIGIBILITY AND CHANGES

1.1 Acceptance.

By creating an account or using the Platform, you agree to these Terms and to our Community and Content Guidelines, which are incorporated by reference, and you acknowledge our Privacy Policy, which explains how we handle personal information. If you do not agree, do not use the Platform.

1.2 Eligibility.

You must be at least eighteen years old and legally able to enter into contracts. If you use the Platform on behalf of a business, you represent that you have authority to bind that business, and "you" includes that business.

1.3 Changes to these Terms.

We may update these Terms. We shall post the updated Terms with a revised Last Updated date, which is the date they take effect, except that a change to Section 21 takes effect as Section 21.8 provides, and for changes that materially affect your rights or obligations we shall notify you in the app or by email before they take effect. We may require you to accept the updated Terms, and until you do, we may restrict your access to the Platform or to certain of its features, such as posting new Job Postings. Changes shall not apply retroactively to work already accepted before the change took effect.

SECTION 2. DEFINITIONS

2.1 Defined terms.

"Add-on" means an offer by a Provider, made in the Platform after you accept its Bid, to perform additional services for the same Job at a stated price. "Arrival" means a Provider’s record in the Platform, made for a scheduled day, that it has started the work or that it cannot start it. "Bid" means a Provider’s offer to perform a Job at a stated price, and "Bid price" means that price. "Guidelines" means our Community and Content Guidelines published at /community-guidelines, in the version in force when the content was posted or the conduct occurred. "Job" means the services a Customer requests through the Platform. "Job Posting" means a Customer’s request for a Job. "Payment Processor" means Stripe, Inc. and its affiliates. "Promotional Reward" has the meaning given in Section 8.1. "Provider" means an independent business or individual that has been registered to bid on and perform Jobs through the Platform. "Provider Services" means the services a Provider performs for a Customer. "Referral Code" and "Referral Reward" have the meanings given in Section 8.6. "Review" means a star rating from one to five, or a written comment, that a Customer submits about a Job. "You" and "Customer" mean the person or business using the Platform to request Jobs.

SECTION 3. WHAT THE PLATFORM IS AND IS NOT

3.1 We are a technology platform.

The Platform is a technology service that lets Customers post Jobs and lets independent Providers bid on them, communicate about them, and be paid for them. We do not perform Provider Services, and we do not employ, supervise, direct, schedule, train, or control any Provider.

3.2 We are not a party to your contract with a Provider.

When you accept a Bid, a contract is formed directly between you and that Provider. We are not a party to it, not an agent for either of you, except as the Provider’s limited agent to accept payment under Section 7.2, and not a guarantor, surety, or co-obligor of either party’s performance. Each of you is responsible to the other for your own obligations.

3.3 No guarantee of results.

We do not guarantee that any Job Posting will receive a Bid, that any Provider will accept, appear, or perform, that any Job will be completed, or that any Provider Services will meet your expectations or any particular standard. You are responsible for deciding which Provider to hire.

SECTION 4. ACCOUNTS AND SECURITY

4.1 Your account.

You shall provide accurate information when you register and keep it current. You are responsible for everything that happens under your account and for keeping your credentials secure. If you lose access to your account, use the password reset and account recovery tools in the Platform first. You shall notify us promptly at accounts@dudewheresmypro.com if you learn of unauthorized use.

4.2 Our enforcement rights.

We may suspend or close your account, remove a Job Posting, or restrict access to any feature if we reasonably believe you have violated these Terms, if we are required to do so by law, or if we identify a risk of fraud, harm, or misuse. Where practical and lawful, we shall tell you why.

SECTION 5. SCREENING AND VERIFICATION

5.1 What we do.

Before a Provider may bid on Jobs, and periodically afterward, we may review the business information the Provider gives us, ask for evidence of insurance and of any license the Provider’s trade requires, and obtain a background check from a third-party consumer reporting agency. We may pause or suspend a Provider that fails to maintain these requirements, including a background check that we consider current.

5.2 What that does not mean.

Any review we conduct is limited in scope, reflects only what was available at a single point in time, and is not an endorsement, an approval, or a guarantee of a Provider’s identity, honesty, competence, safety, licensure, insurance, or work quality. We do not inspect work or monitor Providers in the field. We check credentials from time to time, not continuously, and a license or insurance policy can lapse or be cancelled between our checks without our knowing. You shall exercise your own judgment before allowing anyone into your home or onto your property.

SECTION 6. JOB POSTINGS, BIDS AND JOB FORMATION

6.1 Posting a Job.

You shall describe the Job accurately, including its location, scope, access requirements, and any condition that affects safety, price, or timing. You are responsible for the accuracy of what you post. The Platform is for work at a residence. The address you give us must be a residence, not property used mainly for business. If we determine that a Job is at property used mainly for business, we may stop that Job in the Platform, and every other Job of yours at that property, cancel any payment request for them that has not been paid, decline any refund request or offer still waiting on them, and close your account under Section 20.2. Payments already made for those Jobs stand, we have no further responsibility for them, and any claim about them is between you and the Provider. Your Jobs at other addresses are handled as Section 20.3 describes. A payment request on one of them that has not been paid is cancelled with it, and any amount the Provider says is still owed is between you and the Provider. A Job Posting at an address where we have stopped a Job for that reason is held until we review it, and we may withdraw it if we determine the property is used mainly for business. A held Job Posting does not expire while we review it, and if you gave no date, its 30 days run from when we release it. A Job Posting for which you have not accepted a Bid expires the day after the date you said you need the work done by, or 30 days after you posted it if you gave no date, and any Bid still waiting on it is closed. If you change a Job Posting, every Bid waiting on it is declined, and Providers may bid again. We may move a Job Posting to the trade it belongs in and tell you when we do. A Bid from a Provider that does not offer that trade, or does not qualify for it under Section 5.1, is withdrawn. We may limit how many open Job Postings you can have at a time, and the Platform tells you when you reach that limit. A Job Posting is open until you accept a Bid on it, or until it expires or is withdrawn. You may not post a Job Posting that duplicates, in the same trade and with the same description, one of yours that is still open. A Job Posting sent only to a Provider you hired before is not a duplicate of one open to every Provider.

6.2 Formation.

A Bid is an offer by the Provider. When you accept a Bid in the Platform, a binding contract is formed between you and that Provider on the terms of the Bid and the Job Posting, and you agree to pay the Bid price, plus any applicable tax, for the Provider Services described in them. Changes to scope, schedule, or price after acceptance are between you and the Provider and take effect only when both of you record them in the Platform, and a change that raises the price can be recorded only through the day before the Job’s scheduled start, and any other change only until the Provider records an Arrival stating that it has started the work. After acceptance, the Provider may also offer Add-ons. An Add-on you accept in the Platform becomes part of your contract with that Provider for the Job, and you agree to pay its price, plus any applicable tax, which may be billed separately from the Job. An Add-on may have its own scheduled day, and Section 9 applies to that day as it does to the Job’s. For a Job or Add-on to construct or repair your residence, the Bid or Add-on also contains a notice that Chapter 27 of the Texas Property Code may affect your right to recover damages for a construction defect, and what you must do first. For a Job or Add-on to construct or repair your residence, the Provider gives you, through the Platform, a list of its subcontractors and suppliers, with their addresses and telephone numbers and what each does or supplies, before work starts, and any change to it within 15 days. With each payment request, it gives you a conditional lien waiver and a statement of whom it intends to pay from that payment. With its final payment request, or, if it has already sent every payment request, within 3 days after the Job closes, it gives you a conditional final lien waiver and a declaration that it has paid in full everyone who provided labor or materials, or what it still owes them. If you decline a payment request, the lien waiver for it, and any final lien waiver that covers it, do not take effect, and any later payment request the Provider sends comes with its own documents as this Section describes. If a payment is refunded, in whole or in part, or reversed through a chargeback, the lien waiver for it, and any final lien waiver that covers it, are void. We tell you when this happens. The Provider may give you new documents but need not, unless it sends you another payment request. You agree to receive these documents through the Platform. Your copies show the Provider’s business name, the name and title of the person who signed them, the Provider’s email and phone number if it has given us one, and the names, addresses, and telephone numbers of the people the documents name as paid or owed, but not the home address, date of birth, or other personal details of the person who signed them. A court may request the complete documents from us at legal@dudewheresmypro.com. Direct any question or dispute about a payment those documents concern to the Provider, using their contact details as provided in the documents.

6.3 Communication and record.

You shall keep communications about the Job inside the Platform, using the communication features the Platform provides. You and the Provider may also speak on site or by telephone, and we do not prevent that, but you shall record material terms, including any change to scope, schedule, or price, in the Platform. Messages and records in the Platform are what we would look at if you later ask for our help under Section 14, and we cannot take account of anything said off the Platform. This Section governs what we look at when we help under Section 14. It does not limit any right you have against the Provider.

SECTION 7. FEES, PAYMENT AND TAXES

7.1 What you pay.

You pay the Bid price and any applicable tax, less any Promotional Reward applied under Section 8. The Bid price a Provider offers is the total price for the Provider Services, and it is disclosed to you before you accept the Bid. We are compensated by a fee we charge the Provider, not you; you are not charged a separate platform, service, or payment-processing fee. Tax is shown to you as a separate line.

7.2 How payment works.

Payment is processed by the Payment Processor. The Provider has appointed us as its limited agent to accept payment for its Provider Services through the Payment Processor. When your payment for a Job succeeds through the Platform, your obligation to pay the Provider for that amount is satisfied, as if you had paid the Provider directly, and you bear no risk of loss if it is not paid out to the Provider. All payment processing, holding of funds, refunds, and payouts are carried out exclusively by the Payment Processor under its own rules and agreements. We are not a bank, fiduciary, or escrow agent, and any holding of funds before a payout is a function of the Payment Processor’s systems and rules, not a deposit with us or an escrow. We do not store your full payment card details.

7.3 Authorization.

When you pay in the Platform, you authorize the Payment Processor to charge your selected payment method for the amount shown, including any applicable tax, at the time and in the manner disclosed to you in the Platform.

7.4 Fee changes.

The fees we charge Providers are set in the Provider Agreement. They do not change the price shown to you for a Job you have already accepted.

7.5 Taxes.

Some services offered on the Platform, as well as some Jobs or parts of Jobs, are taxable in Texas. We operate as a marketplace provider under Section 151.0242 of the Texas Tax Code, and we shall collect and remit sales and use tax on taxable Jobs made through the Platform where the law requires it. That status applies only to sales and use tax, and it does not make us a party to your contract with a Provider under Section 3.2. We shall show that tax to you as a separate line. Where a Promotional Reward applies, the tax is calculated on the amount you are charged after it. The Provider remains responsible for any tax we are not required to collect and for tax on its own purchases.

7.6 Refunds and chargebacks.

Refunds for Provider Services are a matter between you and the Provider, except that we may facilitate a refund through the Payment Processor where we determine one is warranted or where the law requires it. If you believe you have been charged in error, you shall first ask for a refund in the Platform or contact us at support@dudewheresmypro.com, and give us a reasonable opportunity to resolve the matter before disputing the charge with your bank or card issuer. You may send one refund request for each Job, in the Platform, until 30 days after the Job is cancelled or closed, except on a Job we stop under Section 6.1. If the Provider has not answered your request by then, we look at it. If the Provider can't answer it, because its account is closed or one of you has blocked the other, we look at it promptly. The Provider may also offer you a refund. Initiating a chargeback or payment reversal in bad faith, or for a charge that is valid under these Terms, is a breach of these Terms, and we may suspend or close your account and recover the disputed amount and any associated fees. If you dispute a charge with your bank or card issuer, we answer the dispute with the record of the Job described in Sections 6.3 and 9.6, including what was agreed, the messages, the photographs taken at Arrival and on completion, and the Provider's account of what happened, and we may restrict your access to certain Platform features, such as posting new Job Postings, until the dispute is closed. After a second chargeback decided against you, or that we determine breached these Terms, you may not post a new Job Posting until we have reviewed your account. A pattern of such chargebacks may lead us to act under Section 4.2. If a payment for work on your residence is refunded or reversed through a chargeback, the lien waivers for it are void, as Section 6.2 describes, and they no longer limit any right the Provider has for an amount it is still owed.

7.7 Payments left unpaid.

A payment request for a Job, including a cancellation fee under Section 9.2, that is still unpaid 30 days after the Job closes is cancelled and can no longer be paid through the Platform. If we decide under Section 9.7 that a declined payment request can be paid again, the 30 days start again from our decision. Cancelling it does not decide whether you owe the amount, which remains a matter between you and the Provider. We keep a record on your account of each payment request left unpaid this way, limited to one per charge, whether you declined it or did not respond to it, with its date, its amount, and what it was for. A payment request you declined because the Provider did not come or refused service is recorded this way only if we decide under Section 9.7 that the Provider did come, or you withdraw that claim. A cancellation fee you declined because you blocked the Provider for your safety is recorded this way only if we decide that the block was not for your safety. The record is not shown to Providers or to other users. We may take it into account when we decide whether to act under Section 4.2 or Section 20.2. We keep it for as long as your account is open and for two years after it closes, as our Privacy Policy describes.

7.8 Payments we make.

We may, at our discretion, pay you an amount from our own funds, for example to resolve a complaint or dispute about a Job. Any such payment is a courtesy. It is not a contractual obligation, a right you can enforce, a warranty, a guarantee of any kind, or an admission of liability, and making one does not oblige us to make another, in the same matter or any other. We decide whether to pay, how much, and when, and we may decline or stop at any time. This Section does not apply to a refund of an amount you paid, which Section 7.6 governs, or to Promotional Rewards, which Section 8 governs.

SECTION 8. PROMOTIONAL REWARDS

8.1 Promotional Rewards.

From time to time we may offer promotional rewards through the Platform ("Promotional Rewards"). Referral Rewards under the referral program in Sections 8.6 to 8.11 are one kind of Promotional Reward, and we may offer others. Given to you, a Promotional Reward is an amount we take off what you are charged for a Job. The Platform shows you each Promotional Reward you hold, with its amount and expiry date and any terms particular to it. We provide Promotional Rewards, and your Promotional Reward does not affect the Provider's Bid price or what it receives for the Job.

8.2 How a Promotional Reward is used.

When a Provider requests payment for a Job, one Promotional Reward you hold is applied to that request automatically, and the payment request shows it as a separate line. If the payment request is declined or cancelled, for any reason, the Promotional Reward is returned to you with its original expiry date, unless it has ended in the meantime under this Section or your account has closed. A Promotional Reward is not applied to a cancellation fee under Section 9.2 or to a payment request for an Add-on. Sales tax on a Job is calculated on the amount you are charged after the Promotional Reward.

8.3 Limits.

Promotional Rewards are not earned, whether by you or by anyone else, and they are not wages, compensation, or payment for anything. A Promotional Reward (a) cannot be redeemed for cash, and has no cash value and no cash equivalent; (b) is redeemable only on our Platform, and only by its original recipient; (c) is non-transferable, and cannot be transferred to another account or person, assigned, or sold; and (d) is subject to a limit of one Promotional Reward per user, per payment. It can be used only as this Section and any terms shown with it describe. Unused Promotional Rewards end when they expire or when your account closes.

8.4 Abuse.

We may void a Promotional Reward, a Referral Code, or a referral, and may act under Section 4.2, if we reasonably believe it was obtained or used through abuse, including by referring yourself as a new Customer, by opening or using more than one Customer account, or by arranging a Job that is not genuine work in order to obtain or use a Promotional Reward. We may review accounts with unusual promotional or referral activity. We may also, at our discretion, grant a Promotional Reward that this Section would otherwise withhold.

8.5 Changes and cancellation.

We may change, suspend, or end any promotional program, including the referral program, at any time, with or without notice. Any such change does not affect a Promotional Reward you already hold under that program. A Promotional Reward is not altered or removed except as Sections 8.3, 8.4, 8.10, and 8.11 provide, or where the Promotional Reward or its details were issued in error.

8.6 The referral program.

Our referral program lets Customers and Providers invite people who are new to the Platform. A Referral Code is a code we give you to share. A Referral Reward is a Promotional Reward given under the referral program, and Sections 8.1 to 8.5 apply to it. The value of each Referral Reward, and how long each Referral Reward and Referral Code lasts, are as shown on the Platform. A Referral Code you share may be redeemed only by a new Customer, or by a new Provider, as the Provider Agreement describes.

8.7 Getting a Referral Code.

A Referral Code is generated and offered by the Platform at our sole discretion. Certain activities on the Platform, such as paying for a completed Job, may automatically offer you a Referral Code. Whether you are offered one does not depend on whether you submit a Review or on what a Review says. A Referral Code can be redeemed once, and it expires on the date shown on the Platform.

8.8 Signing up with a Referral Code.

If you are new to the Platform and redeem a Referral Code that a Customer or a Provider shared with you, you receive a Referral Reward, of the value shown on the Platform, which you may use as indicated on the Platform. Only a new account may redeem a Referral Code. An account is not new if it has ever redeemed a Referral Code before or has paid for a Job through the Platform. A Referral Code is redeemed in the Platform where it allows, such as when you sign up. It cannot be redeemed once it has expired or has already been redeemed, if it was shared from your own account, or if the account of the person who shared it has closed.

8.9 A Referral Reward for sharing.

If a new Customer redeems a Referral Code you shared, you receive a Referral Reward, of the value shown on the Platform, when that Customer’s first Job is paid for. If a new Provider redeems it, you receive one when that Provider is first paid through the Platform for a Job. A cancellation fee under Section 9.2 does not count as payment for a Job. No Referral Reward is given if your account has closed by then.

8.10 Addresses with a recent Job.

If a new Customer’s first paid Job is at an address (the street address, unit, and ZIP code) where another Job was paid for through the Platform, under any account, in a period before it that we set, of no more than 12 months, the referral gives nothing: the person who shared the Referral Code receives no Referral Reward, and the new Customer’s Referral Reward ends unless it was already applied to that Job. This applies only where a new Customer redeemed the Referral Code.

8.11 Refunds.

If the payment for the Job that completed a referral under Section 8.9 is refunded in whole or in part, for any reason, including through a chargeback, the referral is void, and every unused Referral Reward it gave ends, whoever holds it. A Referral Reward already used on a Job stays used, even if that Job is refunded. If the Job a Referral Code was given for is refunded in full, that Referral Code stops working.

SECTION 9. CANCELLATION, RESCHEDULING AND DISRUPTION

9.1 Before acceptance.

You may cancel a Job Posting at any time before you accept a Bid, at no charge.

9.2 After acceptance.

If you cancel before the calendar day before the scheduled start, or on the same calendar day you accepted the Bid, you shall be charged nothing other than amounts already earned for work performed. Otherwise, if you cancel on the calendar day before the scheduled start or later, or if the Provider records an Arrival stating that it cannot begin because access to the property is not available, a cancellation fee of 20% of the Job's price, plus any applicable tax, applies, and the Platform sends you a payment request for it. The fee depends only on these dates and events, and not on any reason you give for cancelling. The only exception is a missed appointment under Section 9.6, which carries no fee. Blocking a Provider you have hired cancels the Job as a cancellation by you under this Section. You cannot block a Provider while you have unfinished work with it, such as a Job under way or a bill waiting to be paid, as Section 10.3 of the Guidelines describes.

Once the Provider records an Arrival stating that it has started the work, the Job may be cancelled only by agreement between you and the Provider recorded in the Platform. A request to cancel that the other party neither accepts nor declines in the Platform within three days is treated as accepted. No cancellation fee applies to a Job cancelled this way, and any bill for it that is waiting to be paid is cancelled. Once a payment for the Job has been made it can no longer be cancelled; you may ask for a refund under Section 7.6 instead. The Provider may cancel the Job in the Platform at any time before it records that it has started.

Calendar days are counted where the Job is performed. When you pay the payment request for a cancellation fee, you authorize the Payment Processor to charge your payment method for it; we do not hold these funds.

9.3 Add-ons.

Cancelling a Job also cancels any Add-ons that remain unpaid or within their own cancellation window. The rules in Section 9.2 apply to an Add-on that has its own scheduled day, with the fee calculated on the Add-on’s price. An Add-on without its own scheduled day follows the rules for the Job at the time.

An Add-on of $25 or more, including tax and fees, is different if the Provider solicited it in person at your property, even if it sent the Add-on later. It is also different if the Provider offers it at any time after recording that it has started work on the Job or one of its Add-ons. You may cancel it without charge at any time before midnight of the third business day after you accept it, either before or after payment. In this Section, a business day is any day other than a Saturday, a Sunday, or a federal or Texas state holiday, and the Add-on shows you the exact deadline. A federal business day is any day other than a Sunday or a federal holiday. The Add-on shows you this right, with a notice of cancellation, where you accept it. You can cancel it in the Platform, or in any of the ways the notice of cancellation describes. If you cancel within that time, you are not charged for the Add-on, and any payment you made for it is refunded in full within 10 federal business days, as the law requires, even if the work has been done. The cancellation fee and the rule against cancelling after payment in Section 9.2 do not apply to such an Add-on.

A Bid of $25 or more, including tax and fees, that the Provider tells us it solicited in person at your property, even if it sent the Bid later, carries the same right. You may cancel the Job without charge before midnight of the third business day after you accept the Bid, either before or after payment, and any payment for the Job is refunded in full within 10 federal business days, as the law requires. The cancellation fee and the rule against cancelling after payment in Section 9.2 do not apply to such a Job.

If you cancel under this right while a chargeback on the payment is open, we record your cancellation, and the refund waits for the decision on the chargeback. If your bank gives you the money back, there is no second refund. Otherwise, we refund the payment in full within 10 federal business days after the decision.

The right to cancel in this Section applies only to work at a residence, so it does not apply to a Job, or any of its Add-ons, that we stop under Section 6.1 because it is at property used mainly for business.

Where another law gives you a right to cancel a Job or an Add-on, you may cancel as that law provides, and nothing in these Terms limits that right.

9.4 Rescheduling.

You and the Provider may reschedule by agreement recorded in the Platform. A reschedule you and the Provider both agree in the Platform is not a cancellation, whenever it is agreed. Every scheduled day of a Job, including a rescheduled day and each Add-on’s day, must fall within 120 days after you accept the Bid. For work after that, you may hire the Provider again for a new Job. A Provider may move an Add-on’s scheduled day by offering a replacement Add-on; accepting the replacement cancels the Add-on it replaces, with no fee to either of you.

9.5 Events outside our control.

Neither we nor a Provider is responsible for a delay or failure caused by something outside reasonable control, including severe weather, utility interruption, failure of property access, permitting or inspection delay, supply shortage, labor disruption, payment network outage, and failure of hosting or telecommunications infrastructure.

9.6 Arrival and missed appointments.

On each scheduled day, the Provider records an Arrival in the Platform: either that it has started the work or that it cannot start it, with the reason. An Arrival stating that the Provider cannot start the work cancels the Job, or the Add-on scheduled that day. A cancellation fee applies only when the reason is that access to the property was not available, as Section 9.2 provides. If it does not record one that day, it may record it later, with the reason it is late, while the Job is open and you have not cancelled it; you can see when it was recorded and why, and dispute it under Section 9.7. The Provider may take photographs of the work area when it arrives and when it finishes; you can view them in the Platform, but not download them. If the Provider has not recorded an Arrival by the end of a scheduled day, it is a missed appointment: you may cancel the Job, or the Add-on scheduled that day, without a fee. A cancellation made after that day is recorded as a missed appointment automatically. This does not apply once the Provider has recorded a late Arrival for that day. You may also cancel without a fee from the day before a scheduled day, before any Arrival, by telling us in the Platform that the Provider will not come, did not come, or asked you to cancel; the Provider may contest that within 24 hours, and Section 9.7 then applies.

9.7 Disputes about attendance.

If you tell us in the Platform that the Provider did not come, or came but refused service, although it recorded an Arrival, whether by cancelling, by reporting it, or by declining a payment request for that reason, or if the Provider contests a missed appointment under Section 9.6, we review the record in the Platform, including the Arrival and its photographs, and decide how the Platform treats the Job. If we decide the Provider did not come or refused service, the Job or Add-on is cancelled as a missed appointment and any payment request for it is cancelled. If we decide otherwise, your cancellation, report, or decline is withdrawn: the Job continues, a declined payment request can be paid again, and a contested missed appointment is treated as your cancellation under Section 9.2. The Job or Add-on under review is paused in the Platform while we review it. If we have not decided within 30 days, the review lapses: the Job, or the Add-on the review is about, is cancelled as a missed appointment, you are not charged for what was disputed, and the lapse counts against neither you nor the Provider. Our decision, or a lapse, governs only what the Platform does; it does not decide any legal right between you and the Provider.

9.8 Finishing and closing a Job.

The Provider may mark a Job as finished in the Platform, which closes it. A Job that has not been closed is closed automatically from 6 p.m., where the Job is performed, on the third calendar day after its last scheduled day. If a refund request, a request to cancel the Job, a chargeback, or a review under Section 9.7 is open when the Job would close, the countdown waits. Once that is settled, it picks up where it stopped, and the Job closes at 6 p.m. after the days it had left. A Job the Provider never started closes as a cancellation with no cancellation fee. A payment request for a closed Job may still be sent and paid through the Platform until the deadline in Section 7.7. If the Job was marked finished but the work was not done, you may ask for a refund in the Platform within 30 days after it closed. Closing a Job, whether by agreement, by a party’s action, or automatically under this Section, does not limit any right you have against the Provider or any right to a refund or chargeback under Section 7.6.

SECTION 10. COMMUNICATIONS

10.1 Service messages.

When you create an account, you consent to receive email and push notifications about your account and your Jobs, including bid alerts, scheduling, payment, and safety notices. These are part of the service, although you may turn off any individual channel where the Platform offers that control. If we are unable to reach you with critical account information, we may suspend your account at our discretion. For questions regarding your account, or to request your account be reinstated, you can contact us at accounts@dudewheresmypro.com.

10.2 Marketing messages.

We shall send you promotional email only if you separately opt in. Your consent to promotional messages is not a condition of using the Platform or of any purchase.

10.3 Stopping messages.

You can unsubscribe from promotional email using the link in each message. We shall honor an unsubscribe promptly.

SECTION 11. ACCEPTABLE USE

11.1 Prohibited conduct.

You shall not use the Platform to break the law, to defraud, harass, threaten, discriminate against, or impersonate anyone, to post false or misleading information, to infringe anyone’s rights, or to collect other users’ personal information for any purpose outside a Job. You shall follow the Guidelines, which describe in more detail what may be written and posted on the Platform.

11.2 Platform integrity.

You shall not scrape, reverse engineer, decompile, probe, or interfere with the Platform or its security, introduce malicious code, place an unreasonable load on our systems, or access the Platform by any automated means we have not authorized.

11.3 No circumvention.

You shall not arrange, invoice, or pay for a Job with a Provider you met through the Platform outside the Platform in an effort to receive better pricing or services, and you shall not solicit a Provider to do so. If you do, we may close your account.

SECTION 12. USER CONTENT

12.1 Your content.

You keep ownership of the Job Postings, photographs, messages, and other material you submit ("User Content"). You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, adapt, and display that material to the extent needed to operate the Platform, provide support, resolve disputes, and comply with law. The license ends when the material is deleted from the Platform, except for copies retained in backups or as Section 12 of the Privacy Policy describes.

12.2 Your responsibility.

You represent that you have the rights necessary to submit your User Content and that it does not violate the law or anyone’s rights. The Platform checks User Content automatically as it is submitted and may refuse it, or send it to us for review, as the Guidelines describe. We do not otherwise routinely review User Content, but we may remove it, and we are not responsible for material submitted by another user.

12.3 Copyright complaints.

If you believe material on the Platform infringes your copyright, send a written notice to our designated agent, the Copyright Agent of Modest Services LLC, at legal@dudewheresmypro.com, by telephone at (945) 369-7727, or by mail to the address in Section 23.1. The notice must include (a) your physical or electronic signature; (b) identification of the copyrighted work, or, for several works, a representative list of them; (c) the material you say infringes it, with enough detail for us to find it; (d) your name, address, telephone number, and email address; (e) a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or are authorized to act for the owner. Where a notice is valid, we shall remove or disable the material and tell the user who submitted it. That user may send a counter-notice to the same address. A counter-notice must include their signature; the material and where it appeared; a statement under penalty of perjury that they have a good faith belief the material was removed by mistake or misidentification; their name, address, and telephone number; and their consent to the jurisdiction of the federal district court for their address, or any district where we may be found if they are outside the United States, and to accept service from the person who sent the notice. When we receive a valid counter-notice, we shall send a copy of it to the person who sent the notice and tell them that we will restore the material in 10 business days (Monday through Friday, other than federal holidays). Where the material can still be restored, we shall restore it 10 to 14 business days (Monday through Friday, other than federal holidays) after a valid counter-notice, unless the person who sent the notice tells us they have filed a court action. We close the accounts of repeat infringers in appropriate circumstances.

12.4 Reviews.

You may submit a Review of a Job once it has closed, if you accepted a Bid for it. You may not review a Job (a) that you cancelled before the Provider recorded an Arrival, other than as a missed appointment under Section 9.6; (b) while a refund, chargeback, or dispute about attendance on it is open, or while we look into a warning that a payment on it was fraudulent; (c) where a chargeback on it was decided against you, or we determine it was fraudulent; or (d) that we stopped under Section 6.1. Whether you may submit a Review never depends on what it says. Reviews are User Content and are shown to other users. You shall base a Review on your own experience of the Job, and you shall not submit a Review that is false, that you were paid or given anything of value to submit, or that concerns a Job that was not yours. We do not edit a Review to change its substance and we do not remove a Review because it is unfavorable. We may remove a Review, or stop displaying it, if it breaches this Section or Section 11.1, if it was submitted in error, such as about the wrong business, or if it concerns an account we have suspended or closed. Nothing in these Terms restricts your ability to review a Provider or the Platform honestly.

12.5 Intimate images.

If an intimate image of you has been posted on the Platform without your consent, you may ask us to remove it as Section 8.2 of the Guidelines describes. We remove an image covered by a valid request within 48 hours, and make reasonable efforts to remove identical copies of it. We may hide or remove an image that we believe in good faith is covered by such a request, even if it is later shown not to be.

SECTION 13. PROPERTY ACCESS AND ASSUMPTION OF RISK

13.1 You control the property.

You decide whether to allow a Provider onto your property. You shall secure valuables, restrain pets, disclose known hazards, and make the work area safely accessible. You are responsible for anyone you allow at the property during the Job.

13.2 We are not there.

We are not present at the Job, do not inspect the property or the work, and do not control how the Provider works. You assume the risk of allowing a Provider onto your property, and claims for property damage, loss, or injury arising out of Provider Services lie against the Provider and, where applicable, the Provider’s insurer.

SECTION 14. DISPUTE ASSISTANCE IS A COURTESY

14.1 What we may do.

If a Job goes wrong, you may raise it in the Platform. We may offer an automated resolution flow, look at the record of what the two of you agreed, direct you to the Provider’s insurer, suggest an independent arbitration or mediation provider, or simply refer the matter back to you and the Provider to resolve directly.

14.2 It is discretionary.

Anything we do under this Section is a courtesy, offered at our discretion. It is not a contractual obligation, a right you can enforce, a warranty, a guarantee, an insurance product, a service contract, or a promise of any outcome. We may decline to become involved, and we may stop at any point. We charge nothing for it.

14.3 We are not a court, a regulator, or an insurer.

We make decisions about how the Platform operates, such as how it treats a Job under Section 9.7, whether to contest a chargeback, and whether to act on your account under Section 4.2. Those decisions govern only what the Platform does. We are not a court, tribunal, arbitrator, mediator with binding authority, law enforcement agency, regulator, licensing board, insurance company, or claims adjuster, and we do not decide legal rights or liability. If you believe a crime has been committed, contact law enforcement. If you want a legal remedy, pursue it directly against the Provider, through the Provider’s insurer, in small claims court, or in another proper forum. Nothing we do or decline to do under this Section affects your legal rights against the Provider.

SECTION 15. OUR INTELLECTUAL PROPERTY

15.1 Ownership and license.

We own the Platform and everything in it other than User Content, including the software, design, text, graphics, and the Dude Where’s My Pro name and logo. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Platform for your own use of the service. You shall not copy, modify, distribute, sell, or create derivative works from it.

15.2 Feedback.

If you send us suggestions about the Platform, we may use them without restriction and without owing you anything.

SECTION 16. THIRD-PARTY SERVICES

16.1 Services we rely on.

The Platform depends on third-party services, including the Payment Processor, hosting, mapping, and messaging providers. Their terms and privacy practices apply to their own services. We are not responsible for their acts, omissions, outages, or content, and we do not control them.

SECTION 17. DISCLAIMERS

17.1 As is.

The Platform is provided on an "as is" and "as available" basis. To the fullest extent permitted by governing law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranty arising from course of dealing or usage of trade.

17.2 No warranty about Providers or Jobs.

We do not warrant the quality, safety, legality, timeliness, or workmanship of any Provider Services, the accuracy of anything a Provider tells you, or that the Platform will be uninterrupted, secure, or error-free.

17.3 Savings.

Nothing in these Terms limits or waives any right you have that cannot be limited or waived under governing law, including under the Texas Deceptive Trade Practices Consumer Protection Act. If a disclaimer or limitation in these Terms is unenforceable as to a particular claim, it shall not apply to that claim and shall remain in force everywhere else.

SECTION 18. LIMITATION OF LIABILITY

18.1 Excluded damages.

To the fullest extent permitted by governing law, we shall not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, loss of use, or business interruption, whether the claim is in contract, tort, or otherwise, even if we were told the loss was possible.

18.2 Cap.

To the fullest extent permitted by governing law, our total liability for all claims arising out of or relating to the Platform or these Terms shall not exceed the greater of the total amount you paid for the Job giving rise to the claim and $250.

18.3 Carve-outs.

Sections 18.1 and 18.2 do not apply to our fraud, willful misconduct, or gross negligence, or to any liability that cannot be excluded or limited under governing law.

18.4 Basis of the bargain.

Our pricing model reflects this allocation of risk. Without it we could not offer the Platform at the price we do.

SECTION 19. INDEMNIFICATION

19.1 Your indemnity.

You shall defend, indemnify, and hold us and our officers, members, employees, and agents harmless from any third-party claim, and from any resulting loss, liability, damage, penalty, or reasonable attorneys’ fees, arising out of your User Content, your breach of these Terms, your misuse of the Platform, your violation of law or of another person’s rights, any condition of your property, or any dispute between you and a Provider.

19.2 Procedure.

We shall notify you of a claim covered by Section 19.1, and you shall assume the defense with counsel we reasonably approve. If you do not assume the defense within a reasonable time, we may defend at your cost and your indemnity obligation remains in force. You shall not settle a claim in a way that admits our fault or imposes an obligation on us without our written consent.

SECTION 20. SUSPENSION AND TERMINATION

20.1 Your right.

You may stop using the Platform and close your account at any time. You cannot close your account while you have unfinished work on the Platform: a Job that has started or that the Provider can still bill, a bill for a Job, an Add-on, or a cancellation fee waiting to be paid, an open refund, dispute, or chargeback, or a Job that would carry a cancellation fee under Section 9.2 if cancelled. In that last case, cancel the Job first. Closing your account withdraws your open Job Postings and cancels any other Job you have accepted.

20.2 Our right.

We may warn you, or suspend or terminate your account, with or without notice, for breach of these Terms or the Guidelines, for conduct that creates risk to another user or to us, or where required by law. While your account is suspended you may not post Job Postings or accept Bids, but Jobs you have already accepted continue. We may also discontinue the Platform in whole or in part on reasonable notice.

20.3 Effect.

If we terminate your account under Section 4.2 or 20.2, any Job you have accepted that has not started is cancelled, without a cancellation fee. A Job that has started is not cancelled, except as Section 6.1 provides, and we may close it or help you and the Provider settle it. If we delete an account under Section 18.1 of the Privacy Policy, every Job on it that hasn't finished is cancelled without a cancellation fee, even one that has started, and a finished Job is closed; any amount still owed for either is between you and the Provider. Termination does not relieve you of amounts already owed. We shall handle your information after termination as the Privacy Policy describes.

SECTION 21. GOVERNING LAW AND DISPUTE RESOLUTION

21.1 Governing law.

These Terms are governed by the laws of the State of Texas, without regard to conflict of laws rules.

21.2 Informal resolution first.

Before starting an arbitration, you shall send a written description of the dispute and the relief you want to legal@dudewheresmypro.com, and we shall send ours to the address on your account. If the dispute is not resolved within thirty days after that notice, either of us may begin arbitration. The thirty-day period runs from the date the notice is sent, whether or not the other party responds. Any time limit for bringing the dispute, including the one in Section 23.8, is paused from the date the notice is sent and for thirty days after.

21.3 Individual arbitration.

Except as Sections 21.5 and 21.6 provide, any dispute arising out of or relating to the Platform or these Terms shall be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules. The seat of the arbitration is Collin County, Texas, the proceedings shall be in English, and one arbitrator shall be appointed. Judgment on the award may be entered in any court of competent jurisdiction, and the state and federal courts sitting in Collin County, Texas have jurisdiction to compel arbitration and to enforce an award. This Section is governed by the Federal Arbitration Act.

21.4 Class action waiver.

Claims shall be brought only in an individual capacity and not as a plaintiff or class member in any class, collective, consolidated, or representative proceeding, and the arbitrator may not consolidate claims or preside over a representative proceeding. If this Section 21.4 is held unenforceable as to a particular claim, that claim shall proceed in court and the rest of Section 21 continues to apply to all other claims.

21.5 Exceptions.

Either of us may bring an individual claim in small claims court if it qualifies, and either of us may seek injunctive or other equitable relief in the courts of Collin County, Texas to protect intellectual property, to stop unauthorized access to the Platform, or to enforce Section 11.3. To the extent required by the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021, a case that relates to a sexual assault dispute or a sexual harassment dispute is not subject to arbitration or to Section 21.4 unless the person alleging the conduct elects otherwise after the dispute arises.

21.6 Opt-out.

You may opt out of Sections 21.3 and 21.4 by sending written notice to legal@dudewheresmypro.com within thirty days after you first accept these Terms, stating your name, the email on your account, and that you are opting out of arbitration. Opting out does not affect any other part of these Terms.

21.7 Coordinated filings.

If twenty-five or more similar arbitration demands are filed against us by, or with the coordination of, the same or coordinated counsel, the American Arbitration Association's Mass Arbitration Supplementary Rules apply to them, in addition to the rules in Section 21.3. Any limitations period is tolled for a demand while it awaits administration.

21.8 Changes to this Section.

A change to this Section, including removing it, or a change to another part of these Terms that changes how this Section applies to a dispute, takes effect 30 days after we post it, and applies to you only once it has taken effect and you have accepted it in the Platform; until then, this Section as it stood before the change continues to apply to you. A change never applies to a claim that arose, or to a dispute that either of us raised, before it applies to you; that claim or dispute is resolved under this Section as it stood before the change.

SECTION 22. SURVIVAL

22.1 Sections that survive.

Sections 3, 5.2, 7.5, 7.6, 7.7, 7.8, 9.3 as to any refund it requires, 11.3, 12.1, 12.4, 12.5, 13.2, 14, 15, 16, 17, 18, 19, 20.3, 21, 22, and 23, and any payment obligation accrued before termination, survive termination or expiration of these Terms.

SECTION 23. GENERAL

23.1 Notices.

We may give notice by email to the address on your account, by posting in the Platform, or by mail to the address on your account. You shall give notice to us at legal@dudewheresmypro.com and, where these Terms require writing, by mail to Modest Services LLC, 5900 Balcones Drive #33491, Austin, TX, 78731, US. Notice by email is effective when sent; notice by mail is effective three business days after deposit.

23.2 Assignment.

You shall not assign these Terms without our written consent, and any attempted assignment without consent is void. We may assign these Terms to an affiliate or in connection with a merger, reorganization, or sale of all or substantially all of our assets.

23.3 Severability.

If any provision is held unenforceable, it shall be reformed to the fullest extent permitted by governing law to reflect the parties’ intent, and the remaining provisions remain in full force.

23.4 No waiver.

A failure to enforce a provision is not a waiver of it, and a waiver is effective only if in writing.

23.5 Entire agreement.

These Terms, including the Guidelines they incorporate, are the entire agreement between you and us about the Platform and replace any earlier understanding on that subject. Your relationship with a Provider is governed by your contract with that Provider. Your relationship with the Payment Processor is governed by its own terms. Where these Terms and the Guidelines differ, these Terms control. Where these Terms and the Privacy Policy differ on how we handle personal information, the Privacy Policy controls, and the Privacy Policy does not create or waive any contractual right.

23.6 Electronic dealings.

You consent to transact with us electronically, and electronic records and signatures have the same effect as paper ones. This consent covers these Terms and every notice, disclosure, receipt, and other record that we or a Provider give you through the Platform about your account or a Job. It includes any notice the law requires to be given in writing, such as a notice of your right to cancel. To receive these records you need a device that can run the current version of the app or a current web browser, and an email address that we can reach. If we change these requirements in a way that could stop you from getting or keeping these records, we shall tell you before the change, and you may withdraw this consent without charge. You shall keep your email address current in your account settings in the Platform. You may ask for a paper copy of any such record, free of charge, by writing to accounts@dudewheresmypro.com. You may withdraw this consent at any time by writing to the same address. Withdrawing it does not affect records already given to you. Because the Platform operates only electronically, withdrawing it also means you can no longer use the Platform, and your account is closed as Section 20.1 describes.

23.7 Relationship of the parties.

Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and us.

23.8 Time limit on claims.

To the fullest extent permitted by governing law, any claim arising out of or relating to the Platform or these Terms must be brought within two years after the claim accrues, or it is permanently barred. This Section does not apply to any claim that cannot be shortened in this way under governing law.

23.9 Trade compliance.

You represent that you are not located in, and are not a national or resident of, any country subject to U.S. embargo or comprehensive sanctions, and that you are not identified on any U.S. government list of prohibited or restricted parties. You shall not use the Platform in violation of any applicable export-control or sanctions law.

23.10 Mobile applications and app stores.

If you download our mobile application from a third-party platform such as the Apple App Store or Google Play (each, an "App Provider"), your use is also subject to that App Provider's terms. These Terms are between you and us, and not with any App Provider. We, and not the App Provider, are responsible for the application and its content. Your license to use the application is limited to devices you own or control, as the App Provider's usage rules permit. The App Provider has no obligation to provide maintenance or support for the application.

If the application fails to conform to a warranty that has not been effectively disclaimed, you may notify the App Provider, and the App Provider may refund any price you paid for the application. To the fullest extent permitted by governing law, the App Provider has no other warranty obligation for the application.

We, and not the App Provider, are responsible for addressing any claim by you or a third party relating to the application or your possession or use of it. That includes product liability claims, claims that the application fails to conform to a legal or regulatory requirement, claims under consumer protection, privacy, or similar law, and claims that the application or your use of it infringes a third party's intellectual property rights.

This does not extend our liability beyond Sections 17 and 18. Send questions, complaints, and claims about the application to us as Section 23.1 describes. You shall comply with any third-party terms that apply when you use the application, such as your wireless carrier's, and with the App Provider's usage rules. The App Provider and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.