Scuber.pro Leads Marketplace Terms of Use (For Landscaping Professionals)

1. Acceptance of Terms

These Professional Terms of Service (“Pro Terms”) govern your access to and use of the Scuber.pro website, applications, tools, and related services (the “Platform”) as a landscaping or home improvement professional (“Professional” or “Pro”).

By creating a Professional account, purchasing leads, or using the Platform, you agree to these Pro Terms. Scuber, LLC (“Scuber”) may update these Pro Terms at any time. Your continued use of the Platform constitutes acceptance of updated terms.

2. Service Description for Professionals

Scuber operates an AI-powered home improvement marketplace. For Professionals, the Platform acts strictly as a lead generation service.

3. Eligibility and Verification

• Business Entity: You represent that you are a valid business entity or sole proprietor authorized to operate in the United States.
• Licensing & Insurance: You agree that you hold all necessary licenses, permits, and insurance required by local and state laws to perform landscaping or home improvement services in the jurisdictions where you accept leads. Scuber reserves the right to verify this information at any time.
• US Only: You must be based in the United States to purchase leads.

4. Account and Security

You are responsible for maintaining the confidentiality of your login credentials and for all purchases and activity that occur under your account. You may not create multiple accounts to circumvent Platform restrictions or pricing.

5. Lead Purchases and Payments

A. Pricing & Payment

Prices for Leads are listed on the Platform and vary based on project scope and location. Payment is due at the time of purchase via our accepted payment methods.

B. Refund Policy

All Lead purchases are final. Scuber does not guarantee that a Lead will result in a hired job, a contract, or income. We sell the introduction and data, not the completed job. Exceptions may be made at Scuber’s sole discretion for invalid data (e.g., disconnected phone numbers).

C. Taxes

You are responsible for all applicable taxes arising from your purchase of Leads and your performance of services for Homeowners.

6. SMS Messaging Program

• Program Description: Scuber provides SMS notifications to Professionals regarding new lead availability, updates on purchased leads, and account-related transactional alerts.
• Opt-In: By opting into the SMS program through our registration or account settings forms, you agree to receive recurring automated text messages at the phone number provided. Consent is not a condition of purchase.
• Message Frequency: Message frequency varies based on lead activity and your account settings.
• Cost: Message and data rates may apply.
• Opt-Out & Help: You can cancel the SMS service at any time. Just text “STOP” to our toll-free number. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. For help, text “HELP” or email support@scuber.pro.
• Carrier Disclaimer: Carriers are not liable for delayed or undelivered messages.

7. Professional Conduct and Interactions

• Direct Interaction: Once you purchase a Lead, you are authorized to contact the Homeowner directly using the provided information.
• Professionalism: You agree to treat Homeowners with respect. You will not engage in harassment, discrimination, or abusive behavior.
• Service Delivery: You are solely responsible for the pricing, scope, quality, and performance of any services you provide. Scuber is not a party to your contract with the Homeowner.

8. Data Usage and Licenses

A. Homeowner Data License

You are granted a limited, revocable license to use the Homeowner’s contact information solely for the purpose of providing a quote for the requested project. You may not resell, share, or publicly post Homeowner data.

B. AI Concept Images

You may view and use the AI-generated “Concept Images” provided with the Lead to understand the Homeowner’s vision. These images are illustrative only and are not professional architectural plans.

C. Your Content

If you upload photos of your past work or profile images (“Pro Content”), you grant Scuber a worldwide, royalty-free license to display, modify, and use such content to promote the Platform.

9. Disclaimers

10. Limitation of Liability

To the fullest extent permitted by law, Scuber is not liable for lost profits, indirect damages, or consequential damages.

Liability Cap: Scuber’s total liability to you for any claim shall not exceed the greater of US $100 or the total amount you paid to Scuber for Leads in the three months preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold Scuber harmless from any claims, damages, losses, or expenses (including legal fees) arising from:

• Your services performed (or not performed) for Homeowners;
• Your violation of these Pro Terms or applicable laws (including licensing and safety codes); or
• Disputes between you and any Homeowner.

12. Dispute Resolution

• Governing Law: These Pro Terms are governed by the laws of the State of Texas.
• Arbitration: Any dispute arising under these Pro Terms must be resolved by binding arbitration in Dallas County, Texas, under the AAA Commercial Arbitration Rules. You waive any right to a class action lawsuit.
• Opt-Out: You may opt out of arbitration within 30 days of accepting these Terms by emailing legal@scuber.pro.

13. Termination

Scuber reserves the right to suspend or terminate your account at any time for violation of these Pro Terms, complaints from Homeowners, or for any other reason at our sole discretion. Upon termination, you remain liable for any outstanding fees.

14. Contact Information

Scuber, LLC
Dallas, Texas, USA
Legal Inquiries: legal@scuber.pro