Terms of Service

1. Overview and Acceptance

These Terms constitute a legally binding agreement between you ("User," "you," or "your") and Finley Ventures LLC, an Ohio limited liability company doing business as Kerf ("Kerf," "Company," "we," "our," or "us").

By creating an account, accessing the website at kerfapp.io, or using any Kerf services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Acceptable Use Policy, and any additional agreements applicable to your use of the platform (collectively, the "Agreement"). If you are using Kerf on behalf of a business entity, you represent that you have authority to bind that entity to this Agreement.

We may update these Terms from time to time. If we make material changes, we will notify you by email or by posting a notice on the platform at least 30 days before the changes take effect. Your continued use of Kerf after the effective date of any changes constitutes your acceptance of the updated Terms.

2. Definitions

• "Platform" means the Kerf website (kerfapp.io), mobile applications, APIs, and all related services.
• "Customer" or "Consumer" means a User who uses the Platform to request, receive, pay for, or review services.
• "Pro" or "Service Professional" means a User who uses the Platform to offer, provide, receive payment for, or facilitate the provision of services.
• "Services" or "Pro Services" means the skilled labor, home improvement, maintenance, or other services listed, quoted, scheduled, or provided by Pros through the Platform.
• "Content" means text, graphics, images, reviews, messages, and other materials submitted to or displayed on the Platform.
• "User Content" means Content submitted by Users, including profile information, reviews, messages, job descriptions, and photos.

3. The Role of Kerf

3.1 Kerf Is a Marketplace Platform

Kerf is a technology platform that connects Customers with independent Service Professionals. Kerf does not provide, perform, or guarantee any Pro Services. Kerf is not a contractor, subcontractor, employer, or agent of any Pro. Kerf does not supervise, direct, or control any Pro's work.

When you hire a Pro through Kerf, you are entering into a direct agreement with that Pro — not with Kerf. Kerf facilitates the connection but is not a party to the service agreement between Customer and Pro.

3.2 No Employment Relationship

Pros who use the Platform are independent contractors and are not employees, agents, joint venturers, or partners of Kerf. Nothing in these Terms creates an employment, agency, or partnership relationship between Kerf and any Pro. Kerf does not control the manner, method, or means by which any Pro performs services. Pros set their own prices, schedules, and methods of work.

3.3 No Endorsement or Guarantee

The listing of a Pro on the Platform does not constitute an endorsement, certification, or guarantee of that Pro's qualifications, skills, licensing, insurance, or quality of work. Any reference on the Platform to a Pro being "verified," "background checked," "top rated," or similar designations indicates only that the Pro has completed a specific account process or met certain platform criteria. It does not constitute a warranty or guarantee of any kind.

4. Eligibility and Account Registration

4.1 Age Requirement

You must be at least 18 years of age to create an account and use the Platform. By creating an account, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into this Agreement.

4.2 Account Creation

To use certain features of the Platform, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Keep your password confidential and not share your credentials
• Notify us immediately of any unauthorized use of your account
• Accept responsibility for all activity that occurs under your account

4.3 One Account Per User

Each User may maintain only one active account. Creating multiple accounts to circumvent restrictions, manipulate reviews, or for any other deceptive purpose is prohibited and grounds for immediate termination.

4.4 Account Verification

We may require you to verify your identity, email address, phone number, or other information at any time. Failure to complete requested verification may result in restricted access or account suspension.

5. Customer Terms

5.1 Posting Jobs

Customers may post job requests describing the services they need. You agree that all job descriptions will be accurate, complete, and not misleading. You are responsible for providing sufficient detail for Pros to understand the scope of work.

5.2 Selecting a Pro

You are solely responsible for evaluating and selecting a Pro. Kerf provides tools such as ratings, reviews, and profile information to assist you, but the decision to hire any particular Pro is yours alone. We strongly recommend that you:

• Verify that the Pro holds any licenses required by Ohio law for the work being performed
• Confirm that the Pro carries appropriate insurance coverage
• Discuss the scope of work, pricing, timeline, and expectations before work begins
• Review the Pro's ratings and reviews from previous Customers
• Execute a separate written contract for significant projects

5.3 Payment Obligations

By accepting a Pro's quote, you agree to pay the quoted amount upon satisfactory completion of services, plus any additional charges mutually agreed upon with the Pro. You authorize Kerf and its payment processor (Stripe) to charge your selected payment method for amounts owed.

5.4 Cancellations by Customers

You may cancel a job request at any time before accepting a quote at no charge. After accepting a quote:

• Cancellation more than 24 hours before a scheduled job is free of charge.
• Cancellation within 24 hours of a scheduled job may incur a cancellation fee as communicated at the time of booking.
• Repeated cancellations may result in account restrictions.

6. Service Professional Terms

6.1 Independent Contractor Status

By registering as a Pro on Kerf, you acknowledge and agree that you are an independent contractor and not an employee of Kerf. You are solely responsible for:

• Determining how, when, and where you perform services
• Providing your own tools, equipment, and materials
• Maintaining all required licenses, permits, and certifications
• Carrying appropriate insurance coverage
• Complying with all applicable federal, state, and local laws, regulations, and ordinances
• Paying all applicable taxes, including self-employment taxes, income taxes, and any other taxes arising from payments you receive through the Platform
• Workers' compensation coverage for any employees or subcontractors you engage

6.2 Licensing and Insurance

If your trade requires a license, permit, or certification under Ohio law (or the law of any jurisdiction where you perform services), you represent and warrant that you hold all required credentials and that they are current and in good standing. You agree to maintain adequate general liability insurance for the services you provide. Kerf may, but is not obligated to, verify your licensing or insurance status.

You agree to provide proof of licensing and insurance upon request by Kerf or by any Customer.

6.3 Quotes and Pricing

You set your own prices. Quotes submitted through the Platform constitute binding offers that remain open for acceptance by the Customer for the period indicated. Once a Customer accepts your quote, you are obligated to perform the services described at the quoted price, unless both parties mutually agree to modify the scope or pricing.

6.4 Quality of Work

You agree to perform all services in a professional, workmanlike manner consistent with applicable industry standards. You are solely responsible for the quality, safety, and legality of the services you provide.

6.5 Cancellations by Pros

You may decline job requests at any time before submitting a quote. After a Customer accepts your quote:

• Cancellation more than 48 hours before a scheduled job must include a reason and may not be penalized.
• Cancellation within 48 hours of a scheduled job will negatively impact your profile metrics.
• Repeated cancellations or no-shows may result in account suspension or termination.

6.6 Pro Services Agreement

Pros are also subject to the Kerf Pro Services Agreement, which contains additional terms governing the professional relationship. The Pro Services Agreement is incorporated into these Terms by reference.

7. Fees and Payment

7.1 Customer Fees

Creating an account and posting jobs on Kerf is free for Customers. Customers pay only the amount quoted by their selected Pro for services rendered.

7.2 Pro Platform Fees

Kerf charges Pros a platform fee of 10% on each completed transaction processed through the Platform. This fee is automatically deducted from the payment before the remainder is disbursed to the Pro. Kerf reserves the right to modify fee structures with 30 days' advance notice.

7.3 Payment Processing

Payments are processed through Stripe, our third-party payment processor. By using Kerf's payment features, you agree to Stripe's terms of service. Kerf is not responsible for errors, delays, or failures caused by Stripe or any payment network.

7.4 Alternative Payment Methods

The Platform may facilitate transactions using alternative payment methods, including but not limited to cash, Venmo, Zelle, and cryptocurrency. For payments processed outside of Kerf's integrated payment system (such as cash or direct peer-to-peer transfers), Kerf is not responsible for ensuring payment is received, disputes over payment amounts, or any loss resulting from the chosen payment method.

7.5 Cryptocurrency Payments

Kerf may offer the option to send or receive payments in cryptocurrency. Cryptocurrency payments are subject to market volatility, and Kerf makes no guarantees regarding the value of any cryptocurrency at the time of payment or thereafter. You acknowledge that cryptocurrency transactions are generally irreversible, and Kerf is not responsible for any loss in value, incorrect wallet addresses, failed transactions, or other issues arising from cryptocurrency payments. Users who opt into cryptocurrency payments do so at their own risk.

7.6 Taxes

Each User is solely responsible for determining and paying all applicable taxes arising from their use of the Platform. Kerf does not withhold taxes from Pro payouts. Pros are responsible for reporting and paying all income and self-employment taxes. Kerf may be required to issue tax forms (such as IRS Form 1099) to Pros who meet applicable reporting thresholds.

8. Reviews and Ratings

8.1 Review System

Kerf operates a two-way review system. After a completed job, both the Customer and Pro may submit a review of the other party. Reviews are subject to the following rules:

• Reviews must be based on actual completed transactions on the Platform
• Reviews must be truthful and accurate
• Reviews must not contain offensive language, personal attacks, threats, or discriminatory content
• Reviews must not contain advertising, spam, or content unrelated to the transaction
• Reviews may not be offered or exchanged for compensation

8.2 Review Publication

Customer reviews of Pros are publicly visible. Pro reviews of Customers are visible only to other Pros. Reviews use a simultaneous reveal system to reduce retaliation bias. Reviews cannot be edited after submission.

8.3 Review Removal

Kerf reserves the right, but is not obligated, to remove or moderate reviews that violate these Terms. Kerf does not arbitrate the truthfulness of reviews. If you believe a review violates these Terms, you may report it for our review.

9. User Content and Intellectual Property

9.1 Your Content

You retain ownership of User Content you submit to the Platform. By submitting User Content, you grant Kerf a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, display, and distribute your User Content in connection with operating, promoting, and improving the Platform.

9.2 Content Standards

You agree that your User Content will not:

• Infringe any third party's intellectual property, privacy, or other rights
• Contain false, misleading, or deceptive information
• Contain viruses, malware, or other harmful code
• Violate any applicable law or regulation
• Contain content that is hateful, threatening, pornographic, or otherwise objectionable

9.3 Kerf's Intellectual Property

The Platform, including its design, features, code, text, graphics, logos, and trademarks, is the property of Kerf or its licensors and is protected by intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on any part of the Platform without our prior written consent.

10. Prohibited Conduct

You agree not to:

• Use the Platform for any unlawful purpose
• Impersonate any person or entity
• Harass, threaten, stalk, or intimidate any other User
• Submit false, misleading, or fraudulent information
• Manipulate reviews, ratings, or search results
• Circumvent the Platform to avoid fees (e.g., taking transactions off-platform after an initial connection)
• Scrape, harvest, or collect information from the Platform using automated means
• Interfere with or disrupt the Platform's infrastructure
• Use the Platform to advertise or promote products or services unrelated to the transaction
• Attempt to gain unauthorized access to any User's account or any part of the Platform
• Solicit personal information from other Users for purposes unrelated to a legitimate transaction
• Discriminate against any User on the basis of race, color, religion, sex, national origin, disability, sexual orientation, gender identity, age, or any other protected characteristic

11. Background Checks and Verification

11.1 Optional Background Checks

Kerf may offer optional background check services for Pros through third-party providers. Background checks are not comprehensive and have inherent limitations. They may not reveal all criminal history, pending charges, or other relevant information. Background check results depend on the accuracy and completeness of public records and the databases searched.

11.2 No Guarantee of Safety

Kerf does not guarantee the safety of any interaction between Users. The availability of background check information does not constitute a guarantee, warranty, or representation regarding any Pro's character, conduct, or fitness to perform services. You should exercise your own judgment and take appropriate precautions when interacting with any User.

11.3 Your Responsibility

You are solely responsible for your own safety when using the Platform. We encourage all Users to take common-sense precautions, including meeting in well-lit public areas for initial consultations, having another person present during service visits when practical, and trusting your instincts if something feels wrong.

12. Limitation of Liability

12.1 Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. KERF DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Kerf does not warrant that:

• The Platform will be available at all times, uninterrupted, or error-free
• The information on the Platform is accurate, complete, or current
• Any Pro will perform services satisfactorily
• Any defects in the Platform will be corrected
• The Platform is free of viruses or other harmful components

12.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KERF, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER KERF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

KERF'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO KERF IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

12.3 Assumption of Risk

YOU ACKNOWLEDGE THAT KERF DOES NOT PROVIDE, PERFORM, OR GUARANTEE PRO SERVICES. YOU ASSUME ALL RISK ARISING FROM YOUR USE OF THE PLATFORM AND YOUR INTERACTIONS WITH OTHER USERS, INCLUDING BUT NOT LIMITED TO THE RISK OF BODILY INJURY, PROPERTY DAMAGE, DEALING WITH STRANGERS, UNDERAGE PERSONS, OR PERSONS ACTING UNDER FALSE PRETENSES.

12.4 No Liability for Pro Services

KERF IS NOT RESPONSIBLE OR LIABLE FOR THE ACTIONS, OMISSIONS, OR CONDUCT OF ANY PRO OR CUSTOMER, WHETHER ONLINE OR OFFLINE. THIS INCLUDES WITHOUT LIMITATION ANY PROPERTY DAMAGE, PERSONAL INJURY, DEATH, EMOTIONAL DISTRESS, OR OTHER DAMAGES ARISING FROM THE PERFORMANCE OR NON-PERFORMANCE OF PRO SERVICES.

13. Indemnification

You agree to indemnify, defend, and hold harmless Kerf, Finley Ventures LLC, and their respective officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Platform
• Your violation of these Terms or any applicable law
• Your User Content
• Any transaction or dispute between you and another User
• Your provision or receipt of Pro Services
• Any claim that your actions caused injury or damage to a third party

This indemnification obligation survives the termination of your account and these Terms.

14. Dispute Resolution

14.1 Between Users

Disputes between Customers and Pros regarding Pro Services should be resolved directly between the parties. Kerf may, but is not obligated to, assist in dispute resolution. See our Dispute Resolution Policy for more information.

14.2 Between You and Kerf — Mandatory Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Kerf agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform ("Disputes") will be resolved through binding individual arbitration rather than in court, except that either party may bring individual claims in small claims court if the claims qualify. You and Kerf each waive the right to a trial by jury and the right to participate in a class action.

14.3 Arbitration Procedures

Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration will be conducted in Cuyahoga County, Ohio, or at another mutually agreed location. The arbitrator's decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.4 Class Action Waiver

YOU AND KERF AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING.

Unless both you and Kerf agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.

14.5 Opt-Out Right

You may opt out of the arbitration provision by sending written notice to support@kerfapp.io within 30 days of first accepting these Terms. Your notice must include your name, mailing address, and a statement that you wish to opt out of the arbitration provision. If you opt out, the remainder of these Terms will continue to apply.

14.6 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Ohio, without regard to its conflict of laws principles. To the extent litigation is permitted under these Terms, you consent to the exclusive jurisdiction of the state and federal courts located in Cuyahoga County, Ohio.

15. Termination

15.1 By You

You may terminate your account at any time through the account settings or by contacting support@kerfapp.io. All outstanding obligations, including payment obligations, survive termination.

15.2 By Kerf

Kerf may suspend or terminate your account at any time, with or without notice, for any reason, including but not limited to violation of these Terms, fraudulent activity, abusive behavior toward other Users, or extended inactivity. Upon termination, your right to use the Platform ceases immediately.

15.3 Effect of Termination

Upon termination, all licenses granted to you under these Terms will terminate. The following sections survive termination: Sections 9 (User Content and Intellectual Property), 12 (Limitation of Liability), 13 (Indemnification), 14 (Dispute Resolution), and 15.3 (Effect of Termination).

16. AI-Powered Features

16.1 AI Assistant

Kerf uses artificial intelligence to power certain features, including but not limited to the Kerf Assistant chatbot, job description analysis, and photo-based service identification. AI-powered features are provided for convenience and informational purposes only.

16.2 AI Disclaimer

AI-generated content may contain errors, inaccuracies, or outdated information. AI responses do not constitute professional advice of any kind. You should not rely solely on AI-generated content for important decisions. Kerf is not responsible for any actions taken based on AI-generated content.

16.3 AI Data Usage

Conversations with AI-powered features may be logged for quality improvement purposes. AI features do not have access to your account data, payment information, or the ability to perform actions on your behalf.

17. Communication and Electronic Notices

By creating an account, you consent to receive communications from Kerf electronically, including by email, push notifications, SMS, and in-platform messages. You agree that all notices, agreements, and other communications provided electronically satisfy any legal requirement that such communications be in writing.

You may opt out of promotional communications at any time through your account settings. You may not opt out of transactional communications related to your account or active jobs.

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy, Acceptable Use Policy, Pro Services Agreement (if applicable), and any other policies referenced herein, constitute the entire agreement between you and Kerf regarding your use of the Platform.

18.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

18.3 Waiver

Kerf's failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

18.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without Kerf's prior written consent. Kerf may assign its rights and obligations without restriction.

18.5 Force Majeure

Kerf is not liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to natural disasters, pandemics, labor disputes, government actions, internet disruptions, or power failures.

19. Contact Information

If you have questions about these Terms, please contact us:

Finley Ventures LLC dba Kerf

Email: support@kerfapp.io

Website: kerfapp.io

By using Kerf, you acknowledge that you have read, understood, and agree to these Terms of Service.