Terms and Conditions of Use

By registering on the platform, accessing it or using any of its services, you declare that you have read, understood and accepted these Terms in their entirety, without reservations of any kind.

If you do not agree with any of the terms contained herein, please do not use the platform. Your continued use of Profalia following the posting of changes to the Terms constitutes acceptance of those changes.

Profalia reserves the right to modify these Terms at any time, notifying users through the platform or by email at least 15 days before their entry into force.

Profalia is a digital contact and intermediation technological platform that connects individuals and companies looking for home and construction services (hereinafter, “Users” o “Customers”) with professionals and independent companies in the sector that offer them (hereinafter, “Professionals”).

Legal nature of Profalia and Contractual Bond: Profalia acts as a provider of technological intermediation services and manager of the guaranteed service bond system. Profalia provides an environment for closed pricing and protection of agreed funds. Profalia DOES NOT directly execute the material works, but guarantees compliance with the agreed payment and escrow guarantees.

The contractual relationship for the execution of any work or service is formalized between the User and the Professional under the intermediation and guarantee guarantees of Profalia.

The platform's functionalities are limited to:

• Publication and reception of service requests between users and professionals in the sector.
• Unlocking contact data of potential customers (leads) through subscription or individual purchase.
• Digital messaging, budgeting and agenda tools between the parties.
• Digital directory of professionals with customer opinions and ratings.

To use certain functionalities of the platform it is necessary to register and create a personal account. By registering, you guarantee that:

• You are at least 18 years of age or the legal age of majority in your jurisdiction.
• The data provided is true, complete and updated.
• You will maintain the confidentiality of your access credentials.
• You will not create more than one account or use a third party account.

Profalia reserves the right to suspend or cancel accounts that fail to comply with these requirements, without prejudice to any legal actions that may apply.

Users undertake to:

• Use the platform in accordance with law, morality, public order and these Terms.
• Provide truthful and complete information in service requests.
• Do not use the platform for illicit, fraudulent or harmful purposes for Profalia or third parties.
• Honestly and objectively evaluate the services received from Professionals.
• Do not publish content that is defamatory, offensive or that infringes third party rights.
• Immediately report any unauthorized use of your account.

Professionals registered with Profalia always act independently on their own behalf and expressly undertake to:

• Have all the licenses, administrative authorizations, registrations in the tax and Social Security regime required for the legal exercise of their profession.
• Maintain in force a Professional Civil Liability Insurance policy appropriate to the nature and risk of the contracted work.
• Present honest, detailed, transparent and itemized budgets without hidden costs.
• Rigorously comply with the deadlines, technical specifications and legal guarantees agreed with the Users.
• Do not request abusive or disproportionate advance payments without technical justification or documentary collection of materials.

The quotes sent through the platform constitute a binding offer from the Professional to the User. Once a quote is accepted by the User, a service provision contract is deemed to have been concluded between both parties.

It is important to keep in mind that:

• Profalia supervises compliance with the conditions agreed under the guaranteed bond program.
• Budgets must include a breakdown of materials, labor, deadlines and warranty conditions.
• Any modification to the original quote must be expressly accepted by the User.
• Disputes regarding performance of the contract will be resolved as set forth in the dispute resolution section.

For Users / Clients: Publishing quote requests, receiving proposals and using the contact tools are completely free. Payments for the contracted services are settled directly between the User and the Professional in accordance with the agreement between them.

For Professionals: Access to the marketplace and contact with potential clients is articulated through two modalities:

• Periodic subscription: Monthly fee that grants a recurring package of contacts and outstanding visibility in the directory.
• Individual unlocking of leads / Credits: Timely acquisition of the right to view verified contact details (telephone, email and full address) of a specific request, subject to a strict limit of a maximum of 3 professionals per request to preserve the quality of contact.

All invoices are issued with the applicable tax breakdown and are permanently available in the professional's panel.

All contents of the platform, including but not limited to: graphic design, logos, texts, images, software, source code, databases, structure and selection of content, are property of All Clean Miami INC d/b/a Profalia or its licensors, and are protected by applicable intellectual and industrial property laws.

It is expressly prohibited:

• Reproduce, copy, distribute or publicly communicate the contents of the platform without express authorization.
• Modify or transform the platform or its contents.
• Reverse engineer, decompile or disassemble the platform software.
• Extract or reuse substantial parts of the platform's databases (scraping).

Users and Professionals retain ownership of the content they publish on the platform, but grant Profalia a non-exclusive, free and worldwide license for its use within the service.

Profalia provides its technological intermediation platform “as is” and “as available”. In accordance with the framework of the Digital Services Law (EU Regulation 2022/2065), Profalia acts as a mere communication channel and passive intermediation with respect to the services agreed upon by the parties.

In no case will the total financial liability of Profalia towards a user or professional for any concept derived from the use of the platform exceed the amount actually paid by said user to Profalia in the three (3) months immediately prior to the causing event.

In case of conflict between Users and Professionals, the following procedure will be followed:

These Terms are governed and interpreted in accordance with current Spanish legislation. In particular, the following apply:

• Law 34/2002, of July 11, on Information Society Services and Electronic Commerce (LSSICE).
• Royal Legislative Decree 1/2007, of November 16, which approves the consolidated text of the General Law for the Defense of Consumers and Users.
• Regulation (EU) 2016/679 of the European Parliament and of the Council, of April 27, 2016 (GDPR).
• Organic Law 3/2018, of December 5, on the Protection of Personal Data and guarantee of digital rights (LOPDGDD).

For the resolution of any controversy arising from these Terms, the parties submit to the Courts and Tribunals of the city of Madrid, expressly waiving any other jurisdiction that may apply to them.

For any questions related to these Terms and Conditions of Use or billing, you can contact us through: