1. Introduction and Acceptance
These Terms of Use (the “Terms”) are a legally binding agreement between you (“you,” “your,” or “User”) and Faberr LLC, a Nebraska limited liability company (“Faberr,” “we,” “us,” or “our”), governing your access to and use of the Faberr mobile application, the website located at faberr.app, and all related services, features, and content (collectively, the “Platform”).
By downloading, accessing, registering for, or using the Platform in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated into these Terms by reference. If you do not agree to these Terms, do not access or use the Platform.
2. Definitions
- “Client” — a User who uses the Platform to find, contact, or request the services of a Craftsman.
- “Craftsman” — a User who uses the Platform to offer, advertise, or provide skilled services to Clients.
- “User Content” — any content you submit, post, upload, or transmit through the Platform, including job posts, profile information, messages, photos, reviews, and ratings.
- “Services” — the services offered or provided by a Craftsman to a Client, which occur outside of and independent from the Platform.
- “Offline Interaction” — any communication, agreement, transaction, meeting, or activity between Users that takes place outside the Platform, whether in person, by phone, or otherwise.
3. Eligibility
The Platform is intended solely for Users who are 18 years of age or older. By using the Platform, you represent and warrant that:
- You are at least 18 years old;
- You have the legal capacity to enter into a binding contract;
- You are not barred from using the Platform under the laws of the United States or any other applicable jurisdiction;
- You have not been previously suspended or removed from the Platform; and
- All information you provide is accurate, current, and complete.
We may, at our sole discretion, refuse to offer the Platform to any person or entity and change our eligibility criteria at any time.
4. The Nature of the Platform — What Faberr Is and Is Not
Faberr is a neutral technology platform that connects Clients with Craftsmen.Like other marketplaces that connect independent providers with the people who hire them, Faberr’s sole role is to make it easier to discover, connect, and communicate. Faberr is a venue and a matching service — nothing more.
You expressly acknowledge and agree that:
- Faberr is not a party to any agreement, arrangement, or transaction between Users. Any agreement to perform or pay for Services is solely between the Client and the Craftsman.
- Faberr does not provide, perform, supervise, direct, or control any Services. Craftsmen are independent third parties and are not employees, agents, partners, joint venturers, contractors, or representatives of Faberr.
- Faberr is not an employer of any Craftsman, is not a general contractor, home-services provider, staffing agency, or referral agency, and does not guarantee that any Services will be requested, performed, or completed.
- Faberr does not vet, endorse, guarantee, or assume responsibility for any User, any User Content, or the quality, safety, legality, timeliness, or outcome of any Services or Offline Interaction.
- Faberr has no control over and makes no representations about the conduct, honesty, qualifications, licensing, insurance, work quality, or trustworthiness of any User.
You use the Platform, contact other Users, and engage in any Offline Interaction entirely at your own risk.
5. No Background Checks; No Verification; Assumption of Risk
Faberr does not currently conduct background checks, identity verification, licensing verification, or credential screening on any User, unless we expressly state otherwise in writing for a specific feature. Any verification badge, rating, review, or similar signal on the Platform is provided for convenience only and is nota guarantee of any User’s identity, character, qualifications, or fitness.
You are solely responsible for taking reasonable precautions in all interactions with other Users, including:
- Independently verifying a Craftsman’s licenses, insurance, qualifications, and references before hiring;
- Independently assessing a Client’s legitimacy before providing Services;
- Meeting in safe conditions and using common sense; and
- Complying with all applicable laws.
You knowingly and voluntarily assume all risks arising from your use of the Platform and from any Offline Interaction, including the risk of fraud, misrepresentation, theft, property damage, bodily injury, or death.
6. Payments — Current Status and Future Features
Faberr does not currently process, collect, hold, transfer, or facilitate any payments. Faberr charges Users no fee for connecting, and no money changes hands through the Platform. All payment arrangements for Services are made and settled directly between the Client and the Craftsman, entirely outside the Platform, on terms they agree to themselves.
This is by design. Today, Faberr is a pure matching platform: we help you find each other, and everything after that — including how, when, and whether you pay — is between you and the other User. Faberr:
- is not a payment processor, money transmitter, escrow agent, or financial institution;
- does not hold funds for any User;
- is not responsible for any payment, non-payment, underpayment, overpayment, chargeback, refund, tax, or financial dispute between Users; and
- provides no guarantee that a Client will pay or that a Craftsman will be paid.
Future payment features. Faberr may, at its sole discretion and at a later date, introduce optional in-app payment, invoicing, deposit, escrow, or similar features. If and when we do, those features will be governed by additional terms presented to you at that time, and your use of them will be subject to your acceptance of those additional terms. Until such features are launched and you affirmatively opt in, no payment functionality exists on the Platform, and nothing in these Terms shall be read to suggest that Faberr handles money.
7. Accounts and Registration
To use most features, you must register for an account. You agree to:
- Provide accurate, current, and complete information;
- Maintain and promptly update your information;
- Keep your password confidential and secure;
- Be solely responsible for all activity that occurs under your account; and
- Notify us immediately of any unauthorized use of your account.
You may not create an account for anyone other than yourself, share your account, or transfer your account to another person. We are not liable for any loss arising from unauthorized use of your account.
8. User Conduct and Prohibited Uses
You agree that you will not, and will not permit any third party to:
- Use the Platform for any unlawful, fraudulent, or unauthorized purpose;
- Post false, misleading, defamatory, harassing, threatening, obscene, hateful, or otherwise objectionable content;
- Impersonate any person or entity or misrepresent your affiliation, qualifications, licensing, or identity;
- Solicit, offer, or perform any illegal service, or any service you are not legally licensed or permitted to provide;
- Harass, stalk, threaten, defraud, discriminate against, or harm another User;
- Circumvent, disable, or interfere with security or functionality of the Platform;
- Scrape, crawl, harvest, or collect data about Users without authorization;
- Use the Platform to send spam, chain messages, or unsolicited communications;
- Upload viruses, malware, or any harmful code;
- Reverse engineer, decompile, or attempt to access the source code of the Platform;
- Use the Platform to recruit Users to a competing service; or
- Violate any applicable local, state, federal, or international law or regulation.
We reserve the right, but have no obligation, to monitor, review, remove, or disable access to any User Content or account at any time, for any reason, without notice.
9. Craftsman Terms
If you use the Platform as a Craftsman, you additionally represent, warrant, and agree that:
- You are an independent operator, not an employee, agent, or contractor of Faberr, and you retain sole control over how, when, and whether you perform any Services;
- You hold all licenses, permits, registrations, certifications, and insurance required by law to offer and perform your Services;
- You are solely responsible for the safety, legality, quality, and completion of your Services;
- You are solely responsible for reporting, declaring, and paying all taxes arising from your Services and any income you earn, including self-employment and income taxes, and for filing all required tax returns and forms. Faberr does not and will not withhold, collect, remit, or report any taxes or income on your behalf, and Faberr makes no representation that any amount you earn is or is not reportable — determining and meeting your tax and reporting obligations is entirely your responsibility;
- You will comply with all applicable laws, including labor, consumer-protection, licensing, and safety laws; and
- Nothing in these Terms or your use of the Platform creates an employment, agency, partnership, or joint-venture relationship with Faberr.
10. Client Terms
If you use the Platform as a Client, you additionally represent, warrant, and agree that:
- You are solely responsible for evaluating, selecting, and dealing with any Craftsman;
- You will independently verify a Craftsman’s licensing, insurance, and qualifications before hiring;
- You are solely responsible for the terms, payment, and outcome of any Services you request; and
- Faberr is not responsible for any act, omission, or Service of any Craftsman.
11. User Content and License
You retain ownership of your User Content. However, by submitting User Content, you grant Faberr a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, host, store, reproduce, modify, adapt, publish, translate, distribute, and display that User Content in connection with operating, promoting, and improving the Platform.
You represent and warrant that you own or have all necessary rights to your User Content and that it does not violate these Terms or any third-party rights. You are solely responsible for your User Content, and Faberr is not responsible for any User Content posted by you or any other User.
12. Reviews and Ratings
The Platform may allow Users to post reviews and ratings. Reviews must be honest, based on a genuine interaction, and free of unlawful, defamatory, or objectionable content. You may not offer or accept anything of value in exchange for a review, post reviews on behalf of others, or manipulate ratings. Faberr does not endorse and is not responsible for any review, and may remove reviews that violate these Terms.
13. Third-Party Services and Links
The Platform relies on and may link to third-party services (for example, infrastructure, authentication, messaging, and notification providers). Faberr does not control and is not responsible for third-party services, and your use of them may be subject to their own terms and privacy practices.
14. Intellectual Property
The Platform, including its software, design, text, graphics, logos, and the “Faberr” name and marks, is owned by or licensed to Faberr and is protected by intellectual-property laws. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Platform for its intended purpose, subject to these Terms. You obtain no other rights in the Platform.
15. Release Between Users
Because Faberr is only a venue and is not a party to interactions between Users, you release Faberr from claims arising out of those interactions.Specifically, you hereby release and forever discharge Faberr and its officers, members, employees, and agents from any and all claims, demands, damages, losses, liabilities, and expenses (including attorneys’ fees) of every kind and nature, known and unknown, arising out of or in any way connected with:
- any dispute, interaction, or transaction between you and another User;
- the acts or omissions of any other User;
- any Services or Offline Interaction; or
- any injury, death, property damage, fraud, theft, or other harm caused by or involving another User.
If you are a resident of a jurisdiction that limits the effectiveness of general releases of unknown claims, you expressly waive the benefit of any such law to the fullest extent permitted.
16. Disclaimer of Warranties
THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. To the fullest extent permitted by law, Faberr disclaims all warranties, including any 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.
Faberr does not warrant that: the Platform will be uninterrupted, secure, or error-free; any User is who they claim to be; any Craftsman is qualified, licensed, insured, or trustworthy; any Client will pay or act in good faith; or any Services will be requested, performed, completed, or of any particular quality. You bear the entire risk of using the Platform and interacting with other Users.
Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
17. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, FABERR AND ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, or for any loss of profits, revenue, data, goodwill, or other intangible losses, arising out of or related to your use of (or inability to use) the Platform, any User interaction, any Services, or any Offline Interaction, whether based in contract, tort, negligence, strict liability, or any other legal theory, even if Faberr has been advised of the possibility of such damages.
IN NO EVENT WILL FABERR’S TOTAL AGGREGATE LIABILITY arising out of or related to these Terms or the Platform exceed the greater of (a) the total amount you paid to Faberr, if any, in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100.00).
Because Faberr provides the Platform at no charge and is not a party to any User interaction, these limitations are a fundamental basis of the bargain between you and Faberr. Some jurisdictions do not allow certain limitations of liability, so some of the above may not apply to you.
18. Dispute Resolution — Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS AND REQUIRES INDIVIDUAL ARBITRATION OF MOST DISPUTES.
a. Informal Resolution. Before starting any formal proceeding, you agree to first contact us at support@faberr.app and attempt to resolve the dispute informally for at least thirty (30) days.
b. Binding Arbitration. Except as set out below, any dispute, claim, or controversy arising out of or relating to these Terms or the Platform will be resolved by final and binding arbitration administered under the rules of a recognized arbitration provider, rather than in court. The arbitration will be governed by the Federal Arbitration Act. The arbitration will take place in Nebraska, or by videoconference or as otherwise agreed. Judgment on the award may be entered in any court of competent jurisdiction.
c. Class Action Waiver. You and Faberr agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.The arbitrator may not consolidate more than one person’s claims or preside over any form of class or representative proceeding.
d. Exceptions. Either party may (i) bring an individual claim in small-claims court, and (ii) seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual-property or misuse of the Platform.
e. Opt-Out. You may opt out of this arbitration agreement by sending written notice to support@faberr.appwithin thirty (30) days of first accepting these Terms. If you opt out, the governing-law and venue provisions in Section 21 apply.
19. Indemnification
You agree to defend, indemnify, and hold harmless Faberr and its officers, members, employees, and agents from and against any and all claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising out of or related to:
- your use or misuse of the Platform;
- your User Content;
- your Services or Offline Interactions;
- your violation of these Terms or any law; or
- your violation of the rights of any other User or third party.
20. Suspension and Termination
We may suspend, restrict, or terminate your access to the Platform at any time, with or without notice, for any reason, including if we believe you have violated these Terms. You may stop using the Platform and delete your account at any time. Sections that by their nature should survive termination — including Sections 4–6, 11, and 15–22 — will survive.
21. Governing Law and Venue
These Terms are governed by the laws of the State of Nebraska, without regard to its conflict-of-laws principles. Subject to the arbitration agreement in Section 18, any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Nebraska, and you consent to the personal jurisdiction of those courts.
22. Changes to These Terms
We may modify these Terms at any time. If we make material changes, we will provide notice through the Platform or by other reasonable means and update the “Last Updated” date above. Your continued use of the Platform after changes take effect constitutes your acceptance of the revised Terms. If you do not agree, you must stop using the Platform.
23. Miscellaneous
- Entire Agreement. These Terms and the Privacy Policy are the entire agreement between you and Faberr regarding the Platform and supersede all prior agreements.
- Severability. If any provision is held unenforceable, the remaining provisions will remain in full effect, and the unenforceable provision will be modified to the minimum extent necessary.
- No Waiver. Our failure to enforce any provision is not a waiver of it.
- Assignment. You may not assign these Terms without our consent. We may assign these Terms freely.
- Force Majeure. Faberr is not liable for any failure or delay caused by events beyond its reasonable control.
- Relationship. Nothing in these Terms creates any partnership, joint venture, agency, or employment relationship between you and Faberr.
- Notices. We may provide notices to you through the Platform or the email associated with your account.