Terms of Service & Platform Policies
A single, consolidated agreement governing use of the Profiler platform — incorporating the End User License Agreement, Privacy Policy, Acceptable Use Policy, Copyright/DMCA Procedure, Refund Policy, Cookie Policy, and related terms.
Part IIntroduction & Acceptance
1.1 Parties to This Agreement
These Terms of Service and Platform Policies (together, the "Terms" or this "Agreement") form a binding legal contract between you (referred to as "you," "your," or "User") and Profiler Life, LLC, a New York limited liability company located in Queens, New York 11691, United States, doing business as "Profiler" (referred to as "Profiler," "we," "us," or "our"). These Terms govern your access to and use of the Profiler mobile applications for iOS and Android, the website located at app.profilerlife.com, and all related services, features, content, integrations, APIs, and applications that we offer (collectively, the "Platform").
1.2 Acceptance
BY CREATING AN ACCOUNT, ACCESSING, DOWNLOADING, INSTALLING, OR OTHERWISE USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS IN THEIR ENTIRETY. THESE TERMS INCLUDE — AND INCORPORATE INTO A SINGLE AGREEMENT — THE END USER LICENSE AGREEMENT (PART IV), THE ACCEPTABLE USE POLICY (PART VII), THE COPYRIGHT/DMCA POLICY (PART XIV), THE PRIVACY POLICY (PART XV), THE COOKIE POLICY (PART XVI), THE REFUND, CANCELLATION AND RETURN POLICY (PART XII), AND ALL OTHER POLICIES, GUIDELINES, AND DISCLOSURES SET OUT BELOW.
IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE PLATFORM.
Important. Part XXI of these Terms contains a binding individual arbitration agreement and class action waiver that significantly affect your legal rights. Please read it carefully. You may opt out of arbitration within thirty (30) days of first acceptance by following the procedure in Section 21.5.
1.3 Modifications
We may modify these Terms from time to time. When we make a material change, we will give you reasonable advance notice through the Platform, by email, by in-app notification, or by other means we reasonably select. The updated Terms will be identified by a new "Last Updated" date at the top of this document. Your continued use of the Platform after the effective date of any modification constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Platform and may terminate your account in accordance with Part XXIII.
1.4 Additional Terms
Certain features of the Platform may be governed by supplemental terms presented to you at the time you access those features (for example, beta features, promotional offers, or specific integrations). Such supplemental terms are incorporated by reference and apply in addition to these Terms; in the event of a conflict, the supplemental terms control with respect to that specific feature.
Part IIDefinitions
In these Terms, capitalized words have the following meanings:
"Account" means a registered user account on the Platform.
"Client" means a User who books or purchases a service offered by a Service Provider through the Platform.
"Connected Account" means a Stripe Connected Account that a Service Provider or Event Organizer establishes to receive payouts.
"Content" means any text, image, video, audio, code, data, or other material made available on or through the Platform, whether posted by Profiler, by Users, or by third parties.
"Event" means a public or private gathering listed on the Platform by an Event Organizer, including ticketed and non-ticketed events.
"Event Organizer" means a User who creates and manages an Event on the Platform.
"Personal Information" means any information that identifies, relates to, or could reasonably be linked, directly or indirectly, with a particular individual or household.
"Platform" has the meaning given in Section 1.1.
"Service Provider" means a User who offers services for booking through the Platform.
"Stripe" means Stripe, Inc. and its affiliates, which provide payment processing and Connected Account services for the Platform.
"Ticket" means a revocable license to attend an Event, issued through the Platform as a QR code.
"User" means any individual who accesses or uses the Platform, including Clients, Service Providers, Event Organizers, attendees, and guests.
"User Content" means any Content that a User uploads, submits, posts, transmits, generates, or otherwise makes available on or through the Platform.
Part IIIEligibility & Account Registration
3.1 Age Requirement
The Platform is intended for individuals who are at least eighteen (18) years of age. By creating an Account or otherwise using the Platform, you represent and warrant that you are at least 18 years old. We do not knowingly permit individuals under 18 to use the Platform, and if we become aware that a User is under 18, we will promptly disable the Account.
3.2 Capacity and Authority
You represent and warrant that you have the legal capacity to enter into this Agreement and that doing so does not violate any other agreement to which you are a party. If you are using the Platform on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and the word "you" in these Terms refers to that entity as well as to you individually.
3.3 Sanctions and Restricted Persons
You may not access or use the Platform if (a) you are located in, ordinarily resident in, organized under the laws of, or a national of any country or region subject to comprehensive United States or other applicable economic sanctions; (b) you are identified on any list of sanctioned, denied, or restricted parties maintained by the U.S. Government (including OFAC's Specially Designated Nationals List), the United Nations, the European Union, the United Kingdom, or other competent authority; or (c) your use of the Platform would otherwise violate applicable export-control or sanctions laws.
3.4 Account Creation
To use most features of the Platform, you must create an Account. You may register using email and password or via supported third-party authentication providers (currently Google, Apple, and Facebook). You agree to provide accurate, current, and complete information during registration and to promptly update such information as needed.
3.5 Account Security
You are solely responsible for safeguarding your Account credentials and for all activity that occurs under your Account, whether or not authorized by you. You agree to (a) keep your password confidential; (b) not share your Account with any other person; (c) notify Profiler immediately at connect@profilerlife.com if you suspect any unauthorized access; and (d) ensure that you log out at the end of each session on a shared device. Profiler is not liable for any loss or damage arising from your failure to comply with this Section.
3.6 One Account Per User
Unless we expressly authorize otherwise in writing, you may not maintain more than one Account, register an Account on behalf of an individual other than yourself, or transfer your Account to any other person. Profiler reserves the right to suspend or terminate duplicate Accounts and to consolidate or migrate associated data.
3.7 Guest Browsing
Limited features of the Platform may be available to visitors without an Account. By accessing such features, you agree to be bound by the portions of these Terms applicable to your use, including the disclaimers, limitations of liability, and privacy provisions.
Part IVEnd User License Agreement (Software License)
4.1 License Grant
Subject to your continuous compliance with these Terms, Profiler grants you a personal, limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (a) download, install, and use one copy of the Profiler mobile application on a compatible mobile device that you own or control; and (b) access and use the Platform, in each case solely for your personal use or, where you act on behalf of a business, your internal business use. The Profiler mobile application is licensed to you, not sold. We and our licensors retain all right, title, and interest in and to the Platform, except for the limited rights expressly granted to you.
4.2 License Restrictions
You shall not, and shall not permit any third party to:
- copy, reproduce, modify, adapt, translate, port, or create derivative works of the Platform or any portion thereof;
- reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, object code, or underlying structure, ideas, know-how, or algorithms of the Platform, except to the extent expressly permitted by applicable law notwithstanding this prohibition;
- rent, lease, lend, sell, resell, sublicense, distribute, publish, transmit, transfer, or otherwise make the Platform available to any third party;
- remove, obscure, or alter any proprietary notice, label, watermark, or branding on the Platform;
- use the Platform to build, train, evaluate, or improve a competitive product or service, or to benchmark its features or performance;
- use any automated means, including bots, scrapers, crawlers, spiders, or data-mining or extraction tools, to access, monitor, copy, or harvest any portion of the Platform or any data, except for search-engine indexing in accordance with our robots.txt;
- bypass, disable, defeat, or interfere with any security measure, rate limit, authentication mechanism, geofence, or access-control feature of the Platform;
- use the Platform in any manner that could damage, disable, overburden, or impair our servers, networks, or infrastructure;
- use the Platform to develop, train, or improve any artificial-intelligence model or system, including by ingesting User Content, search results, or interaction data into any such model.
4.3 Reservation of Rights
All rights not expressly granted to you in these Terms are reserved by Profiler and its licensors. No title to or ownership of any intellectual property in the Platform is transferred to you. The Platform is protected by copyright, trademark, trade secret, and other intellectual property and proprietary rights laws of the United States and other jurisdictions.
4.4 Updates
Profiler may from time to time develop and provide patches, bug fixes, updates, upgrades, modifications, or new versions of the Platform (collectively, "Updates"). Updates may modify or delete certain features or functions. You agree that Profiler is under no obligation to provide Updates or to continue to support any particular feature. Updates may be installed automatically without prior notice to you, and you consent to such automatic installation.
4.5 Apple-Specific License Terms
If you accessed or downloaded the Profiler mobile application from the Apple App Store, the following additional terms apply, and they take precedence over any inconsistent provisions of these Terms with respect to your use on Apple devices:
- You acknowledge that these Terms are concluded between you and Profiler only, and not with Apple, Inc. ("Apple"), and that Profiler — not Apple — is solely responsible for the Profiler mobile application and its content.
- The license granted to you for the Profiler mobile application is limited to a non-transferable license to use the application on any Apple-branded products that you own or control and as permitted by the Usage Rules in the App Store Terms of Service, except that the Profiler mobile application may be accessed and used by other accounts associated with you via Family Sharing or volume purchasing.
- Apple has no obligation whatsoever to furnish any maintenance or support services with respect to the Profiler mobile application.
- In the event of any failure of the Profiler mobile application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any) for the application; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the application.
- Any claims relating to the possession or use of the Profiler mobile application (including (i) product liability claims; (ii) any claim that the application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation) are the responsibility of Profiler, not Apple.
- In the event of any third-party claim that the Profiler mobile application or your possession and use of it infringes that third party's intellectual property rights, Profiler — not Apple — will be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist-supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- You must comply with applicable third-party terms of agreement when using the Profiler mobile application.
- Apple and Apple's subsidiaries are third-party beneficiaries of these Terms with respect to the Profiler mobile application, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
4.6 Google-Specific License Terms
If you accessed or downloaded the Profiler mobile application from Google Play, you acknowledge that Google, Inc. ("Google") has no obligation to provide any maintenance or support for the Profiler mobile application or to honor any warranty associated with it. Your use of the Profiler mobile application obtained through Google Play is also subject to the Google Play Terms of Service.
4.7 U.S. Government End Users
The Profiler mobile application and related documentation are "commercial items," "commercial computer software," and "commercial computer software documentation" as those terms are defined at 48 C.F.R. § 2.101. Use, duplication, or disclosure by U.S. Government end users is governed solely by these Terms.
Part VThe Platform & How It Works
5.1 Description
Profiler is a discovery and connection platform that allows Users to: (a) create and manage professional profiles, including portfolios and credentials; (b) discover, list, and book services offered by independent Service Providers, including timeslot-based bookings with buffer and overlap validation; (c) discover, create, and attend Events, including through QR-coded Tickets and co-scanner validation; (d) post content, follow other Users, send messages, give and receive endorsements, and share content; (e) access discovery, search, ranking, and recommendation features, which may be powered by artificial-intelligence systems; and (f) use related features that Profiler may make available from time to time.
5.2 Profiler Is a Technology Platform — Not a Provider
Profiler is a technology platform that facilitates introductions and transactions between Users. Profiler is not the provider of any service, event, ticket, or other offering listed by Users. Profiler does not employ, supervise, direct, oversee, or otherwise control any Service Provider, Event Organizer, or other User. Service Providers and Event Organizers are independent contractors of their respective clients and attendees, and they are not employees, agents, partners, joint venturers, or franchisees of Profiler.
5.3 No Verification
Although Profiler may, in its sole discretion, implement trust signals, tiered rankings, badges, identity-verification features, or similar mechanisms, Profiler does not perform background checks or otherwise systematically verify the identity, qualifications, credentials, licenses, certifications, criminal history, or character of any User. Profiler does not verify the accuracy, completeness, or currency of any profile, listing, posting, or other User Content; the legitimacy or safety of any Event; or the quality, safety, or legality of any service or item offered through the Platform. Any verification, trust signal, or ranking is provided for informational purposes only and does not constitute an endorsement, guarantee, or representation by Profiler. You interact with other Users at your own risk.
5.4 Roles and Capacities
Different portions of these Terms apply depending on your role on the Platform (general User, Client, Service Provider, Event Organizer, Ticket purchaser, attendee, or other). By acting in any such role, you also agree to the additional or specific terms applicable to that role, including those set out in Part X.
5.5 Beta and Experimental Features
From time to time, Profiler may make beta, preview, or experimental features available. Such features are provided on an "as is" basis, may contain bugs, may be modified or withdrawn at any time, and are not covered by any service-level commitments. Feedback you provide regarding beta features is governed by Section 6.7.
Part VIUser Content
6.1 Definition
"User Content" means any content you upload, submit, post, transmit, stream, generate, or otherwise make available on or through the Platform, including profile information, biographies, posts, photographs, videos, audio recordings, comments, messages, endorsements, reviews, service and event listings, portfolios, descriptions, pricing, availability, tags, metadata, and other materials.
6.2 Ownership
As between you and Profiler, you retain all ownership rights you have in your User Content. Posting User Content to the Platform does not transfer ownership of that User Content to Profiler.
6.3 License You Grant to Profiler
By making User Content available on or through the Platform, you grant Profiler a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable (through multiple tiers), perpetual, and irrevocable license to host, store, cache, reproduce, publish, publicly display, publicly perform, distribute, modify (including for technical purposes such as resizing, transcoding, and compressing), adapt, translate, create derivative works of, and otherwise use your User Content, in any and all media now known or later developed, for the purposes of operating, providing, promoting, marketing, and improving the Platform and Profiler's business. This license includes the right to use your User Content for the promotion of the Platform, in advertising and marketing materials, and in features that recommend or highlight content.
6.4 Survival of License
The license granted in Section 6.3 survives termination of your Account with respect to (a) User Content that other Users have copied, shared, saved, downloaded (where permitted), or otherwise interacted with prior to termination; (b) backup, archival, audit, legal-hold, or anti-fraud copies; and (c) anonymized or aggregated data derived from your User Content.
6.5 License to Other Users
You also grant each User of the Platform a non-exclusive license to access, view, and use your User Content as permitted by the functionality of the Platform — for example, the ability to view profiles, send messages, leave endorsements, and share content within the Platform.
6.6 Your Representations and Warranties
For each item of User Content you make available, you represent and warrant that:
- you own or have all necessary rights, licenses, consents, releases, and permissions to make the User Content available and to grant the licenses set out in Sections 6.3, 6.4, and 6.5;
- your User Content, and Profiler's use of your User Content in accordance with these Terms, does not and will not infringe, misappropriate, or violate any third party's intellectual property, privacy, publicity, contractual, or other rights, or violate any applicable law or regulation;
- each person who is identifiable in your User Content has consented to the use of their name, voice, likeness, image, and identifying details as contemplated by these Terms; and where the person is a minor, the consent of a parent or legal guardian has been obtained;
- your User Content is not false, defamatory, libelous, slanderous, obscene, pornographic, harassing, threatening, fraudulent, deceptive, or otherwise unlawful or prohibited under Part VII.
6.7 Feedback
If you submit suggestions, ideas, feature requests, comments, recommendations, or feedback regarding the Platform ("Feedback"), you grant Profiler an unrestricted, irrevocable, perpetual, royalty-free, worldwide right and license to use, reproduce, disclose, sublicense, distribute, modify, and otherwise exploit the Feedback for any purpose, without compensation, attribution, or other obligation to you. You waive any moral rights or similar rights in such Feedback to the extent permitted by applicable law.
6.8 No Obligation to Monitor
Profiler has no obligation to monitor, screen, edit, or remove User Content, but reserves the right (without obligation) to do so at any time, for any reason or no reason, with or without notice. Profiler may use automated and human review tools to detect prohibited content. Decisions by Profiler regarding User Content are made in Profiler's sole discretion.
Part VIIAcceptable Use Policy & Community Guidelines
This Part VII sets out the rules for using the Platform. Violations may result in content removal, Account suspension or termination, forfeiture of funds where lawfully permitted, reports to law enforcement, and other remedies available to Profiler in law or equity.
7.1 Zero-Tolerance Prohibited Content and Conduct
You shall never use the Platform to post, transmit, facilitate, or engage in:
- Child Sexual Abuse Material (CSAM) or any content that sexualizes, exploits, or endangers minors. We report suspected CSAM to the National Center for Missing & Exploited Children (NCMEC) and to other competent authorities, and we cooperate with law enforcement.
- Threats of violence, terrorism, glorification of violence, or content praising or supporting violent extremist organizations or attacks.
- Human trafficking, sex trafficking, forced labor, smuggling, or any facilitation thereof.
- Non-consensual intimate imagery, hidden-camera or "upskirt" content, or the unauthorized distribution of intimate content.
- Doxxing or malicious disclosure of another person's private information (such as home address, telephone number, financial account, government identification, or unlisted contact information).
- Solicitation of, or sexually suggestive communication with, minors for any purpose.
- Sale, advertisement, or distribution of illegal goods or services, including controlled substances, illegal weapons, regulated firearms parts, stolen property, counterfeit goods, prohibited wildlife products, and similar items.
- Fraud, scams, phishing, money laundering, terrorist financing, sanctions evasion, or other financial crime.
Accounts engaged in zero-tolerance violations will be terminated immediately and may be reported to law enforcement.
7.2 Other Prohibited Content
You shall not post, transmit, or make available any User Content that:
- is unlawful, defamatory, libelous, threatening, harassing, bullying, stalking, hateful, or that incites hatred or discrimination based on race, ethnicity, national origin, religion, sex, gender identity, sexual orientation, disability, age, or other protected characteristic;
- is obscene, pornographic, or sexually explicit (separate and apart from CSAM, which is absolutely prohibited under Section 7.1);
- depicts gratuitous violence, gore, animal cruelty, self-harm, or content promoting suicide;
- promotes dangerous activities, eating disorders, or drug or alcohol abuse;
- infringes any copyright, trademark, trade secret, right of publicity, or other intellectual property right;
- violates the privacy or publicity rights of any person;
- contains malware, viruses, spyware, ransomware, worms, Trojan horses, or other harmful code;
- constitutes spam, bulk unsolicited communication, or chain messaging;
- is false, misleading, deceptive, or fraudulent, or impersonates any other person or entity.
7.3 Prohibited Conduct
You shall not, directly or indirectly:
- impersonate any person or entity, or misrepresent your identity, age, qualifications, or affiliation;
- scrape, harvest, mine, or otherwise extract data from the Platform via automated means without Profiler's prior written consent;
- access the Platform through any unofficial client, modified or "jailbroken" application, or emulator designed to evade restrictions;
- probe, scan, or test the vulnerability of the Platform or any system or network connected to it, or bypass or circumvent any authentication, rate limit, or security measure;
- use automation, bots, scripts, or other tools to inflate metrics (follows, endorsements, ratings, ticket scans, or otherwise) or to interfere with normal Platform operation;
- circumvent platform fees, route transactions off-platform to avoid payment, or solicit other Users to do so;
- offer, sell, or facilitate the resale of Tickets above face value where prohibited by law or by the Event Organizer's policy;
- engage in price gouging, deceptive pricing, or undisclosed fees;
- post fake, incentivized, or coerced reviews or endorsements, or otherwise manipulate ratings;
- discriminate against Users in violation of applicable anti-discrimination laws;
- harass, threaten, or repeatedly contact a User who has indicated they do not wish to be contacted;
- use messaging features to send unsolicited marketing or solicitations;
- collect or store Personal Information about other Users beyond what is necessary for a legitimate, consented-to purpose;
- export, re-export, or transfer the Platform or any data in violation of applicable export-control or sanctions laws.
7.4 Reporting Violations
To report a suspected violation of these Terms, use the in-app "Report" feature, where available, or contact connect@profilerlife.com. We review reports and take action we deem appropriate, in our sole discretion. We may decline to act on reports we determine to be frivolous, retaliatory, or made in bad faith.
7.5 Enforcement
We may, in our sole discretion and with or without prior notice: (a) remove or restrict access to User Content; (b) limit, suspend, or terminate Accounts; (c) withhold, reverse, or claw back payouts associated with violative activity; (d) preserve and disclose records as required by law or to protect Users; and (e) report violations to law enforcement. The remedies listed are in addition to, not in lieu of, any other rights or remedies available under these Terms or applicable law.
7.6 Appeals
If your Account is suspended or content removed, you may submit an appeal to connect@profilerlife.com. We will review appeals in good faith but reserve the right to make final decisions in our sole discretion.
Part VIIIService Marketplace
8.1 Service Listings
Service Providers may list services on the Platform, including the price, availability, location, timeslots, buffer windows, age requirements, cancellation policy, and other parameters. Service Providers are solely responsible for the accuracy of their listings and for the performance of the services they offer.
8.2 Booking
When a Client books a service, a direct contractual relationship is formed between the Client and the Service Provider. Profiler is not a party to that contract. Profiler's role is limited to facilitating the introduction, the scheduling, the payment, and certain related administrative functions.
8.3 Client Responsibilities
Clients agree to: (a) provide accurate booking information; (b) attend appointments timely or cancel in accordance with the Service Provider's stated cancellation policy; (c) treat Service Providers with respect; (d) pay all amounts due for booked services; and (e) comply with all applicable laws and reasonable site rules.
8.4 Service Provider Responsibilities
Service Providers agree to the additional provisions set out in Part X and represent and warrant that they: (a) hold all necessary licenses, permits, certifications, and insurance to lawfully provide the listed services; (b) will perform services in a professional, safe, and lawful manner consistent with applicable industry standards; (c) will collect and remit all applicable taxes; (d) are not employees of Profiler and accept full responsibility for their own tax, insurance, benefits, and regulatory obligations; (e) have the right to use all images, text, credentials, and other materials in their listings.
8.5 Disputes Between Users
Profiler is not responsible for disputes between Clients and Service Providers, including disputes concerning service quality, scheduling, cancellation, no-shows, or refunds. We may, in our sole discretion and without obligation, facilitate communication, request information, or take other steps to assist with resolution, but we are not arbitrators of such disputes.
Part IXEvents & Ticketing
9.1 Event Listings
Event Organizers may create public or private Events on the Platform, set ticket types and prices, manage access requests, and configure check-in and validation procedures. Event Organizers are solely responsible for the planning, lawfulness, safety, and execution of their Events.
9.2 Tickets
Tickets are revocable licenses to attend a specific Event, subject to the rules of the Event Organizer and any applicable venue. Profiler does not own, operate, or insure any Event. Profiler's role is limited to the issuance and validation of Tickets through the Platform.
9.3 QR Codes and Scanning
Tickets are delivered as QR codes and may be validated by the Event Organizer or its designated co-scanners. Once scanned, a Ticket cannot generally be re-used. You are responsible for safeguarding your Ticket QR code, and Profiler is not responsible for losses resulting from sharing, forwarding, screenshotting, or unauthorized duplication.
9.4 Cancellation, Postponement, and Refunds
Cancellations, postponements, refunds, re-ticketing, and similar decisions are made by the Event Organizer in accordance with the policy disclosed in the Event listing. Profiler's role is limited to processing such decisions where the Event Organizer authorizes us to do so. Standard default rules and additional details are set out in Part XII.
9.5 Age, Identification, and Conduct at Events
Some Events may require minimum ages, government-issued identification, or specific conduct standards at entry. The Event Organizer (not Profiler) is responsible for enforcing such requirements. You agree to comply with all Event rules, venue rules, and applicable laws. Denied entry for failure to satisfy entry requirements does not entitle you to a refund.
9.6 Ticket Transfers and Resale
Tickets may be transferred only if and to the extent the Event Organizer permits and only through methods provided by the Platform. Unauthorized resale, including resale above face value where prohibited by law or by the Event Organizer's policy, may result in cancellation of the Ticket without refund.
Part XService Provider & Event Organizer Provisions
This Part X applies to any User who lists services for sale ("Service Provider") or who hosts Events and sells Tickets ("Event Organizer") on the Platform. It applies in addition to the other provisions of these Terms; in the event of a conflict, this Part X controls with respect to a Service Provider's or Event Organizer's specific use of the Platform.
10.1 Independent Contractor Status
You are an independent business operator. Nothing in these Terms creates an employment, agency, partnership, joint-venture, or franchise relationship between you and Profiler. You: (a) have sole discretion and control over how you provide services or run Events; (b) are responsible for your own taxes, social charges, business registration, licensing, permits, certifications, and insurance; (c) are not entitled to any benefits, compensation, or protections afforded to employees of Profiler; and (d) are responsible for your own workers' compensation, professional liability, and general liability insurance, where applicable. You agree to indemnify and hold Profiler harmless from any claim that you (or anyone you employ or engage) is an employee of Profiler.
10.2 Licenses, Permits, and Compliance
You represent and warrant that you hold and will maintain all licenses, permits, certifications, registrations, and insurance required by law to offer the services or to host the Events you list. You will comply with all applicable laws, including but not limited to: consumer protection; health, safety, and sanitation; alcohol service, food handling, and child safety; noise, occupancy, fire-code, and zoning; anti-discrimination and accessibility (including the Americans with Disabilities Act and analogous state laws); privacy and data protection; intellectual property; tax and reporting obligations; and music and performance licensing (such as ASCAP, BMI, SESAC, and GMR licenses) for Events featuring performances or covered works.
10.3 Accurate Listings
You will keep your profile, service listings, and Event listings accurate, current, and not misleading. Misrepresentation of qualifications, credentials, services, prices, availability, capacity, performers, or Ticket types may result in listing removal, refunds, and Account action.
10.4 Pricing
You set the price for your services or Tickets. You may not deceptively price, add undisclosed fees, or change prices after a confirmed booking or Ticket purchase except as permitted by applicable law.
10.5 Stripe Connect
To receive payouts, you must onboard with Stripe and provide identity and banking information required by Stripe and applicable know-your-customer ("KYC") and anti-money-laundering ("AML") regulations. You enter into the Stripe Services Agreement and the Stripe Connected Account Agreement directly with Stripe. Profiler is not a party to those agreements and is not responsible for Stripe's services. Stripe and/or Profiler may impose holds, reserves, or rolling reserves on your funds in connection with chargeback risk, dispute investigation, suspected fraud, refund obligations, or compliance review. You bear the financial responsibility for chargebacks and reversals on your transactions, including the disputed amount and any associated fees, which Profiler may deduct or recover from your Connected Account, future payouts, or other available means.
10.6 Cancellation and Refund Obligations
You must establish a clear, reasonable cancellation and refund policy for your services or Events and display it in your listings. You agree to honor refunds in accordance with that policy and applicable law. If you fail to do so, Profiler may, in its sole discretion, issue refunds on your behalf and deduct the refunded amount from your Connected Account or future payouts.
10.7 Conduct, Quality, and Safety
You agree to: (a) provide services and host Events in a professional, courteous, and safe manner; (b) maintain a clean and safe environment; (c) comply with all reasonable Client and attendee requests consistent with the service or Event description; (d) not discriminate against Users in violation of applicable law; (e) not solicit, engage in, or facilitate sexual services, escort services, or other services prohibited by law or by these Terms; (f) not solicit transactions outside the Platform to avoid fees; and (g) promptly respond to inquiries from Profiler regarding complaints or disputes.
10.8 Prohibited Categories
You may not list any service or Event that involves: escort or sexual services; gambling not authorized by competent regulators; regulated firearms, ammunition, or explosives; controlled substances, including cannabis where not lawful; multi-level marketing or pyramid schemes; unregistered securities or investments; "get rich quick" or other deceptive offerings; or any other category Profiler designates from time to time.
10.9 Attendee Data
Profiler may share with Event Organizers limited attendee information necessary for Ticket validation, communications, and Event operations. Event Organizers agree to: (a) use such information only for purposes related to the Event; (b) treat the information as confidential and as personal data subject to applicable privacy laws; (c) not sell, license, or otherwise disclose the information to any third party; (d) delete the information when no longer needed; and (e) comply with all applicable privacy and data-protection laws, including by providing their own privacy notice where required. The Event Organizer acts as an independent controller (or, where applicable, joint controller) of attendee Personal Information for its own purposes and accepts all related obligations.
10.10 Insurance
Where customary or required by law for your category of service or Event, you agree to maintain appropriate insurance, including general liability and, where applicable, professional liability or Event cancellation insurance, at your own expense. Profiler may request evidence of such insurance.
Part XIPayments & Fees
11.1 Payment Processor
Payments and payouts on the Platform are processed by Stripe, Inc. and its affiliates. By using payment features on the Platform, you also agree to the applicable Stripe terms, including the Stripe Services Agreement, the Stripe Connected Account Agreement (where applicable), and other Stripe terms presented to you at onboarding. Profiler is not a bank, money services business, or money transmitter, and does not hold User funds in a fiduciary capacity.
11.2 Payouts to Service Providers and Event Organizers
Service Providers and Event Organizers receive payouts through Stripe Connect. By onboarding as a Connected Account, you authorize Profiler to instruct Stripe to make payouts to you net of platform fees, service fees, processing fees, refunds, chargebacks, holds, and any required adjustments.
11.3 Platform Fees
Profiler may charge platform fees, service fees, and/or payment-processing fees on transactions made through the Platform. The applicable fee structure will be disclosed in-app at or before the time of transaction. Profiler reserves the right to modify fee structures upon reasonable notice, which may be provided through the Platform, by email, or by other means.
11.4 Taxes
You are solely responsible for determining, collecting, and paying all taxes arising from your use of the Platform, including without limitation sales, use, value-added (VAT), goods-and-services (GST), lodging, ticket, amusement, income, and self-employment taxes. Profiler may collect and remit certain taxes where legally required and may provide tax-related documents (such as IRS Form 1099 series, where applicable) for informational purposes only. Profiler does not provide tax or accounting advice.
11.5 Chargebacks and Reversals
If a Client or Ticket purchaser initiates a chargeback or payment reversal, the disputed amount plus any associated fees may be deducted from the relevant Service Provider's or Event Organizer's Connected Account or future payouts. Profiler may, in its sole discretion, participate in chargeback defense but is not obligated to do so and bears no liability for the outcome. Unfounded chargebacks may result in Account suspension and recovery of associated costs.
11.6 Currency and Foreign Exchange
Transactions may occur in multiple currencies. Conversion rates and fees applied by Stripe, card networks, or banks are outside Profiler's control.
11.7 Failed or Delayed Payouts
Profiler is not liable for failed, delayed, or incorrect payouts caused by Stripe, your bank, incorrect bank or beneficiary details, government holds, or other causes outside our control.
Part XIIRefund, Cancellation & Return Policy
Important. Profiler is a technology platform that enables independent Service Providers and Event Organizers to offer and sell services and Tickets. Profiler is not the merchant of record for those offerings and is not a party to the underlying transactions. Refund decisions are made primarily by the Service Provider or Event Organizer, in accordance with their stated policies and applicable law.
12.1 Service Bookings — Default Rules
Each Service Provider sets their own cancellation and refund policy, displayed at the time of booking. When you book a service, you agree to the policy displayed for that listing. If a Service Provider has not posted a specific policy, the following defaults apply:
- Client cancellation more than 48 hours before the booking start time: full refund, less any non-refundable platform and processing fees.
- Client cancellation between 48 and 24 hours before: 50% refund of the service amount, less non-refundable fees.
- Client cancellation less than 24 hours before: no refund.
- Client no-show: no refund.
- Cancellation by the Service Provider: full refund to the Client, including any platform fee paid by the Client. Repeated Service Provider cancellations may result in Account action.
12.2 Service Quality Disputes
If a Client believes that a service was not substantially performed as described, the Client should first attempt to resolve the issue directly with the Service Provider. If unresolved, the Client may contact Profiler at connect@profilerlife.com within seven (7) days of the scheduled service date, providing photos, descriptions, and any other relevant evidence. Profiler may, in its sole discretion, mediate, request additional information, or facilitate a refund or adjustment from the Service Provider's Connected Account. Profiler has no obligation to issue refunds for services that Profiler itself did not perform.
12.3 Tickets — Generally Non-Refundable
Except where required by law, all Ticket sales are final. By purchasing a Ticket, you acknowledge that you may not receive a refund if you decide not to attend.
12.4 Event Cancellation
If the Event Organizer cancels the Event, refunds will be processed in accordance with the Event Organizer's stated cancellation policy. The standard default is a refund of the Ticket face value, exclusive of platform and payment-processing fees, which may be non-refundable.
12.5 Postponement or Material Change
If an Event is postponed or materially changed (for example, in date, venue, or headlining performer), the Event Organizer will determine whether to honor existing Tickets or offer refunds. Where required by law, refunds will be made available.
12.6 Force Majeure
If an Event is cancelled or postponed due to events beyond reasonable control (including natural disasters, government orders, public-health emergencies, acts of terrorism, civil unrest, or other force majeure events), refunds are at the discretion of the Event Organizer and applicable law.
12.7 Denied Entry
If you are denied entry to an Event for reasons such as failure to meet the minimum age, lack of valid identification, intoxication, prior ban by the venue or Organizer, or violation of venue rules, you are not entitled to a refund.
12.8 Platform and Processing Fees
Platform fees, service fees, and payment-processing fees are non-refundable except where required by law or where Profiler, in its sole discretion, determines that a refund is appropriate (for example, where a booking is fully refunded due to Service Provider fault).
12.9 How Refunds Are Issued
Approved refunds are returned to the original payment method used at checkout. Processing times depend on Stripe and the issuing bank but typically take five (5) to ten (10) business days. Currency conversion and bank fees may apply and are not reimbursed.
12.10 Consumer Protection Rights
Nothing in this Part XII limits any non-waivable rights you may have under applicable consumer protection laws. Depending on your jurisdiction, you may have additional rights, including rights under the New York General Business Law, the Consumer Rights Directive (EU/UK), the California Consumer Legal Remedies Act, or analogous laws elsewhere.
12.11 App Store In-App Purchases
For subscriptions or in-app purchases made through the Apple App Store or Google Play, refunds are subject to the policies of the applicable app store. You must request such refunds directly from Apple or Google. Profiler cannot issue refunds for purchases made through these stores.
12.12 How to Request a Refund
To request a refund or dispute a transaction, contact connect@profilerlife.com with your Account email, the booking or Ticket reference, a description of the issue, supporting evidence, and the resolution you are seeking. We aim to respond within five (5) business days.
Part XIIIIntellectual Property
13.1 Profiler Intellectual Property
The Platform, including all software, source and object code, designs, graphics, user interfaces, text, logos, trademarks, service marks, trade names, sounds, look and feel, and other content (excluding User Content), is owned by or licensed to Profiler and is protected by copyright, trademark, trade secret, patent, and other intellectual property and proprietary rights laws of the United States and other jurisdictions. "Profiler," the Profiler logo, and all related marks, names, and slogans are trademarks of Profiler Life, LLC. Nothing in these Terms grants you any right to use any Profiler trademark or trade dress without our prior written consent.
13.2 Third-Party Marks
Other names, logos, product and service names, designs, and slogans appearing on the Platform may be trademarks of their respective owners. You shall not use any such trademark without the express written permission of the applicable owner.
13.3 No Other Rights
Except for the limited license granted in Part IV and the rights expressly granted elsewhere in these Terms, you obtain no rights in or to the Platform or any content on the Platform.
Part XIVCopyright Policy & DMCA Procedure
Profiler respects the intellectual property rights of others and expects its Users to do the same. This Part XIV describes our procedures for handling claims of copyright infringement under the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512, and similar laws in other jurisdictions.
14.1 Infringing User Content Is Prohibited
Users may upload only User Content for which they own or have all necessary rights. Posting infringing User Content violates these Terms and may result in removal, Account suspension or termination, and legal action.
14.2 How to File a DMCA Notice
If you are a copyright owner or its authorized agent and believe that content on the Platform infringes your copyright, please send a written notice to our Designated Agent that includes all of the following, as required by 17 U.S.C. § 512(c)(3):
- A physical or electronic signature of the copyright owner or person authorized to act on the owner's behalf;
- Identification of the copyrighted work claimed to have been infringed (or, if multiple works at the Platform are covered by a single notice, a representative list of such works);
- Identification of the material claimed to be infringing or to be the subject of infringing activity, with sufficient information to permit us to locate it (for example, URL, post identifier, user handle, screenshot);
- Your contact information: full name, mailing address, telephone number, and email address;
- A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement, under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on the owner's behalf.
Send your notice to our Designated Copyright Agent:
Profiler Life, LLC
Queens, New York 11691
United States
Email: connect@profilerlife.com
14.3 Warning Regarding Misrepresentations
Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity is infringing may be liable for damages, including costs and attorneys' fees, incurred by the alleged infringer or by Profiler. If you are not sure whether material on the Platform infringes your copyright, you should consult an attorney before filing a notice.
14.4 Our Response
Upon receipt of a complete and valid DMCA notice, we will: (a) expeditiously remove or disable access to the allegedly infringing material; (b) notify the User who posted the material, providing them with a copy of your notice and informing them of their right to submit a counter-notification; and (c) terminate, in appropriate circumstances, the Accounts of Users who are repeat infringers.
14.5 Counter-Notification
If your User Content has been removed in response to a DMCA notice and you believe the removal was the result of mistake or misidentification, you may submit a written counter-notification to our Designated Agent containing:
- Your physical or electronic signature;
- Identification of the material that has been removed and the location at which it appeared before removal;
- A statement, under penalty of perjury, that you have a good-faith belief the material was removed or disabled as a result of mistake or misidentification;
- Your full name, mailing address, telephone number, email address, and a statement that you consent to the jurisdiction of the federal district court for the Eastern District of New York (or, if outside the United States, for any judicial district in which Profiler may be found), and that you will accept service of process from the person who filed the original DMCA notice or that person's agent.
Upon receipt of a valid counter-notification, we will forward a copy to the original complainant. If the complainant does not notify us within ten (10) business days that they have filed a court action seeking to restrain the alleged infringing activity, we may, in our discretion, restore the removed material.
14.6 Repeat-Infringer Policy
In accordance with the DMCA and other applicable laws, Profiler maintains a policy of terminating, in appropriate circumstances, the Accounts of Users determined to be repeat infringers. We may also terminate Accounts at our sole discretion for any single egregious infringement.
14.7 Non-U.S. and Non-Copyright IP Claims
If you are submitting a claim under a non-U.S. copyright regime, please follow the procedure above, providing equivalent information. For trademark, right-of-publicity, or other intellectual property complaints not arising under copyright law, contact connect@profilerlife.com with: (a) your contact information; (b) a description of your right; (c) identification of the allegedly infringing material; and (d) a statement of your good-faith belief that the use is unauthorized.
Part XVPrivacy Policy
This Part XV constitutes the full Privacy Policy for the Platform. It explains how Profiler Life, LLC collects, uses, shares, retains, and protects Personal Information.
15.1 Information We Collect — From You
- Account information: name, email, phone, password (stored as a one-way hash), date of birth, gender, profile photo, biographical information.
- Authentication identifiers: when you sign up via Google, Apple, or Facebook, we receive the information you authorize through those providers (typically name, email, profile picture, and a unique identifier).
- Profile content: portfolio items, work history, credentials, certifications you choose to upload, services offered, pricing, availability, and locations.
- Content you post: posts, comments, messages, endorsements, reviews, Event listings, service listings, photos, videos, and audio.
- Booking and Event data: bookings, Ticket purchases, timeslots, attendance, scan history, and access requests.
- Payment information: payment is processed by Stripe; we receive limited information such as transaction amount, currency, last four digits of card, payout status, and Stripe Connected Account identifiers. We do not store full card numbers.
- Tax and KYC information: where required for Stripe Connect onboarding, you may provide identity-verification information (such as tax identification number, government identification, address). This information is collected and held primarily by Stripe.
- Support communications: any information you provide when you contact us.
15.2 Information We Collect — Automatically
- Device information: device model, operating system, app version, language, time zone, mobile carrier, and unique device identifiers (such as IDFA on iOS where you grant App Tracking Transparency permission, or the Android Advertising ID).
- Usage information: features used, screens viewed, taps, search queries and filter selections (such as price, distance, category, age, weekday, Saved/Favourites/Events/Services), session duration, crash data, and performance metrics.
- Location information: approximate location (derived from IP address) and, with your permission, precise location (from GPS) to power discovery features such as "near me" and distance filters. You may disable location at the OS level at any time, although certain features may not function without it.
- Log information: IP address, access times, requested URLs, and referring or exit pages.
- Cookies and similar technologies: see Part XVI.
- Push-notification tokens: we use Firebase Cloud Messaging ("FCM") to send notifications. FCM tokens are device-specific identifiers used to deliver notifications.
15.3 Information We Collect — From Third Parties
- Authentication providers: Google, Apple, and Facebook, as described above.
- Payment processor: Stripe provides us with transaction status, payout history, and dispute information.
- Analytics and crash reporting: see Section 15.7.
- Other Users: information about you (for example, endorsements, mentions, reviews).
15.4 Sensitive and Special-Category Data
We do not intentionally collect sensitive Personal Information (such as racial or ethnic origin, religious or philosophical beliefs, sexual orientation, health information, biometrics for unique identification, or precise government-issued numbers) unless (a) you voluntarily provide it (for example, in a profile or post) or (b) it is necessary for Stripe Connect KYC. You acknowledge that publishing such information through your profile or posts is your choice and that you grant the licenses described in Part VI in connection with such User Content.
15.5 How We Use Personal Information
We use Personal Information to:
- provide, maintain, and improve the Platform and its features;
- create and manage your Account and authenticate you;
- facilitate transactions, bookings, Ticketing, payouts, and communications between Users;
- personalize discovery, recommendations, search, and ranking (including AI-assisted features);
- send service messages (for example, transactional emails and notifications about your bookings or Events);
- send marketing and promotional communications (subject to your consent where required, and to your right to opt out);
- provide customer support;
- detect, prevent, investigate, and address fraud, abuse, security incidents, and violations of these Terms or applicable law;
- comply with legal obligations and enforce our agreements;
- conduct analytics and research to understand usage patterns and improve our services;
- protect the rights, property, and safety of Profiler, our Users, and others.
15.6 How We Share Personal Information
We do not sell your Personal Information in the traditional sense. We share information as follows:
- With other Users: profile information, posts, listings, and other User Content you make public or share with specific Users; the minimum information necessary for booking, Ticketing, and Event scanning is shared with the relevant Service Providers, Event Organizers, co-scanners, and Clients.
- With service providers and processors: cloud hosting (Amazon Web Services), database providers, payment processor (Stripe), authentication providers (Google, Apple, Facebook), email and SMS providers, push-notification providers (Firebase Cloud Messaging), analytics and crash reporting, customer-support tools, and mapping or geolocation providers. These parties act under contractual obligations.
- For legal reasons: to comply with law, regulation, legal process, or government request; to enforce our agreements; to protect the rights, property, or safety of Profiler, our Users, or others; and to detect or prevent fraud or security issues.
- Business transfers: in connection with a merger, acquisition, financing, reorganization, bankruptcy, or sale of assets, in which case Personal Information may be transferred subject to standard confidentiality protections.
- With your consent or at your direction.
- Aggregated and de-identified data: we may share data that cannot reasonably be used to identify you.
15.7 Analytics and Third-Party SDKs
The Platform integrates third-party software development kits and services for analytics, crash reporting, push notifications, and similar functions. These third parties may collect information about your device and use of the Platform under their own privacy policies. A current list of SDKs is available upon request at connect@profilerlife.com. We maintain accurate App Privacy disclosures on the Apple App Store and Data Safety disclosures on Google Play.
15.8 Retention
We retain Personal Information for as long as necessary to provide the Platform, comply with legal obligations (such as tax, accounting, and regulatory obligations), resolve disputes, and enforce our agreements. When Personal Information is no longer needed, we delete or de-identify it. Backup copies may persist for a limited period before deletion in the ordinary course.
15.9 Your Rights and Choices
Depending on your location, you may have the following rights:
- Access the Personal Information we hold about you.
- Correct inaccurate information.
- Delete Personal Information, subject to legal exceptions.
- Restrict or object to certain processing.
- Data portability: receive a copy in a structured, commonly used format.
- Withdraw consent where processing is based on consent.
- Opt out of marketing communications.
- Opt out of "sale" or "sharing" (California and similar states).
- Limit use of sensitive Personal Information (California).
- Lodge a complaint with a supervisory authority (EEA, UK).
To exercise any of these rights, contact connect@profilerlife.com or use the in-app privacy controls where available. We will respond within the timeframes required by applicable law. We may need to verify your identity before fulfilling certain requests.
15.10 California-Specific Disclosures (CCPA/CPRA)
If you are a California resident, you have specific rights, including the right to know what Personal Information we collect, use, disclose, and "sell" or "share"; the right to delete Personal Information; the right to correct inaccurate Personal Information; the right to opt out of "sale" or "sharing"; the right to limit use and disclosure of sensitive Personal Information; and the right to non-discrimination for exercising these rights. Categories of Personal Information we collect and disclose include: identifiers; commercial information; internet or other electronic network activity information; geolocation data; audio and visual information; professional or employment-related information; and inferences. We do not knowingly collect Personal Information of California minors under 16 for "sale" or "sharing" without affirmative consent. To exercise your California rights, contact connect@profilerlife.com.
15.11 EEA/UK Disclosures (GDPR)
If you are located in the European Economic Area, the United Kingdom, or Switzerland, we rely on the following GDPR legal bases for processing Personal Information: contract (Art. 6(1)(b)) to provide the Platform and execute your transactions; legitimate interests (Art. 6(1)(f)) to operate our business, secure the Platform, prevent fraud, and improve features, balanced against your rights; consent (Art. 6(1)(a)) for marketing communications, certain cookies, and precise location; and legal obligation (Art. 6(1)(c)) to comply with applicable laws. Profiler Life, LLC is the controller of your Personal Information. You may lodge a complaint with your local data-protection authority.
15.12 International Transfers
Profiler is based in the United States. By using the Platform, you acknowledge that your Personal Information may be transferred to and processed in the United States and other countries, which may have different data-protection laws than your country of residence. Where required, we use lawful transfer mechanisms, including the European Union Standard Contractual Clauses and the UK International Data Transfer Addendum.
15.13 Security
We implement administrative, technical, and physical safeguards designed to protect Personal Information, including encryption in transit (HTTPS/TLS), encryption at rest where applicable, secure credential storage on mobile devices, restricted access controls, and monitoring. No system is perfectly secure, and we cannot guarantee absolute security. You are responsible for safeguarding your password and Account.
15.14 Children
The Platform is not directed to and not intended for individuals under the age of eighteen (18). We do not knowingly collect Personal Information from children under 18. If you believe we have collected Personal Information from a child under 18, contact connect@profilerlife.com and we will take prompt steps to delete it.
15.15 Do Not Track and Global Privacy Control
We do not currently respond to Do Not Track signals. Where required by law, we honor Global Privacy Control ("GPC") signals as opt-outs of "sale" or "sharing."
Part XVICookies & Similar Technologies
16.1 What Cookies Are
Cookies are small text files placed on your device that store information about your browsing. Similar technologies include local storage, session storage, software development kits, and pixels. In this Part XVI, we refer to all of them collectively as "Cookies."
16.2 Why We Use Cookies
We use Cookies to enable core functionality (login, authentication, session management); to remember your preferences and settings; to measure and analyze how the Platform is used; to detect and prevent fraud and abuse; and to deliver and measure marketing (where permitted by law).
16.3 Categories of Cookies
- Strictly Necessary: required for the Platform to function (for example, authentication tokens, security tokens, load balancing). These cannot be disabled.
- Functional: remember choices you make (for example, language, region, accessibility preferences).
- Performance and Analytics: help us understand how the Platform is used, identify errors, and improve features.
- Advertising and Targeting: where we run advertising, certain Cookies may be used to measure ad performance and to deliver advertising tailored to your interests.
16.4 Managing Your Preferences
You can manage Cookies through any cookie banner we present, your browser settings, your mobile operating-system settings (such as iOS App Tracking Transparency and Android Advertising ID), and industry opt-out tools at optout.aboutads.info and youronlinechoices.eu where applicable.
Part XVIIThird-Party Services
The Platform may contain links to, or integrate with, third-party services, content, or websites, including but not limited to: Google, Apple, and Facebook for authentication; Stripe for payments; Amazon Web Services for infrastructure; mapping and geocoding providers; cloud-storage providers; and crash- and analytics-reporting services. Such third-party services are governed by their own terms and privacy policies. Profiler is not responsible for, and does not endorse, any third-party service. Your use of any third-party service is at your own risk, and you agree that Profiler will have no liability arising out of or related to your use of any third-party service.
Part XVIIIDisclaimers
18.1 "As Is" and "As Available"
To the maximum extent permitted by applicable law, the platform, including all content, services, and features, is provided "as is" and "as available" without warranties of any kind, either express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising from course of dealing or usage of trade.
18.2 No Verification of Users
Profiler makes no representations or warranties about the identity, conduct, or qualifications of any user, or about the quality, safety, legality, or accuracy of any user content, service, or event listed on or delivered through the platform.
18.3 No Professional Advice
Content on the Platform, including User Content and content generated by AI-assisted features, is for general informational purposes only and is not professional advice. It is not a substitute for advice from a qualified licensed professional. Specifically and without limitation:
- No medical, dental, psychological, mental-health, fitness, or nutritional advice. Always seek the advice of your physician or other qualified provider with any health-related question.
- No legal advice. Always consult a licensed attorney in your jurisdiction.
- No financial, investment, tax, accounting, or insurance advice.
- No real-estate, immigration, or other regulated professional advice.
Reliance on any information on the Platform is solely at your own risk.
18.4 No Guarantee of Availability or Performance
We do not warrant that the Platform will be uninterrupted, error-free, secure, virus-free, or available at all times. Service may be interrupted by maintenance, updates, outages, or other factors. We are not liable for any loss arising from such interruptions.
18.5 AI-Assisted Features
The Platform may offer features that use artificial intelligence, machine learning, or similar technology to assist with discovery, search, recommendations, ranking, summarization, content generation, or related functions ("AI Features"). AI Features can produce inaccurate, incomplete, biased, or misleading output. Output from AI Features is not a substitute for human judgment or professional advice. You should independently verify any information generated by AI Features before relying on it.
18.6 Physical Safety and In-Person Interactions
Services and Events facilitated through the Platform may involve in-person interactions. You are solely responsible for your safety. Profiler does not supervise, oversee, or guarantee the safety of any in-person interaction. You agree to comply with all applicable laws and exercise reasonable care.
18.7 No Guarantee of Results
Profiler makes no guarantee that you will receive bookings, attendees, followers, endorsements, income, or any other specific outcome from your use of the Platform. Earnings, attendance, and engagement may vary widely.
18.8 Jurisdictional Limits
Some jurisdictions do not allow the exclusion of certain warranties. In such jurisdictions, the disclaimers in this Part XVIII apply to the maximum extent permitted by applicable law.
Part XIXLimitation of Liability
19.1 Exclusion of Damages
To the maximum extent permitted by law, in no event shall profiler, its affiliates, or its and their respective directors, officers, employees, agents, contractors, or licensors be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, revenue, data, goodwill, or other intangibles, arising out of or related to your use of, or inability to use, the platform, even if advised of the possibility of such damages.
19.2 Aggregate Liability Cap
To the maximum extent permitted by law, profiler's total aggregate liability for all claims arising out of or related to these terms or the platform shall not exceed the greater of (a) the amount of fees you paid to profiler in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred united states dollars ($100).
19.3 Essential Basis
You acknowledge that the limitations of liability in this Part XIX are an essential basis of the bargain between you and Profiler, and that Profiler would not provide the Platform to you without these limitations.
19.4 Jurisdictional Limits
Some jurisdictions do not allow certain limitations of liability. In such jurisdictions, our liability is limited to the maximum extent permitted by applicable law, and nothing in this Part XIX is intended to exclude liability that cannot be excluded as a matter of law.
Part XXIndemnification
You agree to defend, indemnify, and hold harmless Profiler, its affiliates, and its and their respective directors, officers, employees, agents, contractors, and licensors (collectively, "Indemnitees") from and against any and all claims, demands, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to:
- your use or misuse of the Platform;
- your User Content;
- your breach of these Terms or any policy incorporated herein;
- your violation of any law, regulation, or third party's rights;
- any service, Event, or transaction you offer, deliver, attend, or otherwise engage in via the Platform, including any bodily injury, property damage, illness, death, or other harm allegedly caused by or in connection with such service, Event, or transaction;
- any dispute with another User;
- your failure to obtain required licenses, permits, or insurance; or
- your collection, use, or handling of attendee, client, or other User Personal Information.
Profiler reserves the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with Profiler in asserting any available defenses. You agree not to settle any matter without the prior written consent of Profiler.
Part XXIDispute Resolution; Arbitration; Class Action Waiver
Please read this Part XXI carefully — it affects your legal rights. It requires that most disputes between you and Profiler be resolved by binding individual arbitration rather than in court, and it waives your right to participate in class actions. You may opt out by following the procedure in Section 21.5.
21.1 Informal Resolution
Before initiating any formal proceeding, you and Profiler agree to attempt to resolve any dispute, claim, or controversy arising out of or related to these Terms or the Platform (a "Dispute") informally for at least sixty (60) days. You may initiate informal resolution by sending written notice to connect@profilerlife.com describing the Dispute, the parties involved, and the relief sought. Profiler may initiate informal resolution by sending you notice at the email associated with your Account.
21.2 Binding Individual Arbitration
If the Dispute is not resolved within sixty (60) days of the informal-resolution notice, you and Profiler agree that the Dispute shall be resolved exclusively by binding individual arbitration, administered by JAMS under its then-current Streamlined Arbitration Rules and Procedures (for claims under US$250,000) or Comprehensive Arbitration Rules and Procedures (for larger claims), available at www.jamsadr.com. The arbitration shall be conducted by a single arbitrator and shall take place in New York, New York, or, at your election, by telephone or video conference. The arbitrator shall apply the laws of the State of New York, without regard to its conflict-of-laws principles, and shall have authority to award the same relief that a court could award.
21.3 Class Action Waiver
You and profiler agree that each party may bring claims against the other only in an individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, or representative action or proceeding. No arbitrator may consolidate more than one person's claims or preside over any form of representative, collective, or class proceeding.
21.4 Exceptions to Arbitration
Notwithstanding Section 21.2, either party may: (a) bring an individual action in small-claims court for any qualifying claim that remains in that court and is not removed or appealed to a court of general jurisdiction; (b) seek temporary, preliminary, or permanent injunctive or equitable relief in a court of competent jurisdiction for actual or threatened infringement, misappropriation, or violation of intellectual-property rights; and (c) bring an action for enforcement of an arbitration award.
21.5 Opt-Out Right
You may opt out of the arbitration agreement and class-action waiver in this Part XXI by sending written notice to connect@profilerlife.com within thirty (30) days of the date you first accepted these Terms. Your notice must include your full name, the email associated with your Account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other provision of these Terms.
21.6 Severability of This Part
If any portion of this Part XXI is found to be unenforceable, the remainder shall remain in full force, except that if the Class Action Waiver in Section 21.3 is found to be unenforceable as to a particular claim for relief, that claim shall be severed from the arbitration and brought in the courts identified in Part XXII, while the remaining claims shall proceed in arbitration.
Part XXIIGoverning Law & Venue
These Terms and any Dispute are governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Subject to Part XXI, you and Profiler consent to the exclusive personal jurisdiction and venue of the state courts located in Queens County, New York, and the United States District Court for the Eastern District of New York, for any Dispute not subject to arbitration.
Part XXIIITermination
23.1 Termination by You
You may terminate your Account at any time through in-app settings, where available, or by contacting connect@profilerlife.com. Termination by you does not relieve you of any obligation already accrued, including payment obligations.
23.2 Termination or Suspension by Profiler
We may suspend or terminate your access to the Platform, with or without notice, for any reason or no reason, including: violation of these Terms; suspected fraud, abuse, or illegal activity; risk to other Users or the Platform; legal or regulatory concerns; non-payment; or extended inactivity.
23.3 Effect of Termination
Upon termination, your license to use the Platform under Part IV ends immediately. Profiler may retain pending payouts to address chargebacks, refunds, or other liabilities. Sections that by their nature should survive — including without limitation Sections 4.2, 4.3, 6.3 through 6.7, 10.1, 10.5, 10.9, 11.4 through 11.7, Parts XII through XXII, and this Section 23.3 — shall survive termination.
Part XXIVGeneral Provisions
24.1 Entire Agreement
These Terms, together with all policies and supplemental terms incorporated by reference, constitute the entire agreement between you and Profiler regarding the Platform and supersede all prior or contemporaneous agreements, representations, and understandings.
24.2 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, the remaining provisions shall remain in full force and effect, and the invalid, illegal, or unenforceable provision shall be reformed to the minimum extent necessary to make it valid and enforceable while preserving its intent.
24.3 No Waiver
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Profiler.
24.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent; any attempted assignment without such consent is void. Profiler may freely assign or transfer these Terms in connection with a merger, acquisition, financing, reorganization, sale of assets, by operation of law, or otherwise.
24.5 No Agency
No agency, partnership, joint venture, employment, or franchise relationship is intended or created by these Terms.
24.6 Force Majeure
Profiler shall not be liable for any failure or delay in performance due to causes beyond its reasonable control, including acts of God, natural disasters, war, terrorism, pandemic, civil unrest, labor disputes, governmental action, internet or telecommunications failures, or third-party service outages.
24.7 Notices to You
We may give notice to you through the Platform, in-app notifications, email to the address associated with your Account, or other reasonable means.
24.8 Notices to Profiler
Legal notices to Profiler, including notices of Dispute, must be sent to:
24.9 Export Compliance
You may not use, export, or re-export the Platform or any related data in violation of United States or other applicable export-control or sanctions laws.
24.10 Language
These Terms are drafted in English. Any translation provided for convenience does not alter the meaning of the English version, which controls in the event of any conflict.
24.11 Headings
Headings are for convenience of reference only and do not affect the interpretation of these Terms.
24.12 Electronic Communications
You consent to receive communications from Profiler in electronic form (including by email, in-app notification, and posting on the Platform) and agree that such electronic communications satisfy any legal requirement that such communications be in writing.
Part XXVContact Information
For questions, concerns, or requests regarding these Terms, the Platform, your Account, privacy, copyright, or any other matter, please contact us:
Queens, New York 11691
United States
Email: connect@profilerlife.com
Website: app.profilerlife.com
By accessing or using the Profiler platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety.