These Terms of Service ("Terms") are a legal agreement between you and Dibs Marketplace LLC ("Dibs," "we," "us," or "our"). They govern your access to and use of the Dibs mobile apps, website (calldibss.com), and related services (together, the "Platform"), which are offered in the United States (currently Utah, Idaho, and Virginia). By creating an account, checking the box to agree, or using the Platform, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use Dibs.
Dibs is a technology platform and neutral venue that helps homeowners and other property owners or occupants who post home-service jobs ("Homeowners") get quotes from local service companies that have created a business page on Dibs ("Businesses"). Homeowners and Businesses are collectively "Users." Jobs may include roofing, plumbing, electrical, HVAC, painting, landscaping, cleaning, junk hauling, and other home services, as well as custom jobs a Homeowner describes. Homeowners post a job with photos or video, approved Businesses send sealed quotes, and the Homeowner awards one.
Dibs is not a contractor, general contractor, subcontractor, or home-improvement company. Dibs is not the employer, agent, staffing agency, partner, or joint venturer of any User, and is not a party to any agreement, job, or transaction between Users. We do not perform, supervise, direct, inspect, or control any work; we do not set quote amounts, schedules, or how work is done; and we do not guarantee that any job will be posted, quoted, awarded, performed, completed, or paid. When a Homeowner awards a quote, the agreement to perform the work is solely between the Homeowner and the Business. Dibs has no responsibility or liability arising from that agreement or from any User's acts or omissions.
Dibs is not a bank, escrow agent, or money transmitter. Payments are processed and held by our third-party payment processor, Stripe, as described in Section 4.
Users are independent of Dibs. No User is an employee, agent, joint venturer, or representative of Dibs, and no User has authority to bind Dibs. Nothing on the Platform creates an employment, agency, partnership, or joint-venture relationship.
You are responsible for safeguarding your login credentials and for all activity on your account. Notify us immediately of any unauthorized use.
Dibs's review of Businesses is not a guarantee. Dibs reviews every Business application before it is approved to send quotes (Section 7). That review is limited to the information the Business submits — such as its business name, trade, contractor license number, and its affirmation that it carries active liability insurance and any license its trade requires — and any insurance documentation we request. Dibs's review is not a background check, license verification, insurance verification, or guarantee of any kind. Any "approved," license/insurance-status, star-rating, or badge indicator reflects only what a Business has submitted and on-Platform activity (such as completed jobs and ratings by Homeowners), and is not an endorsement or guarantee of any Business's identity, licensure, insurance, qualifications, workmanship, or safety. Dibs does not guarantee that any Business is licensed, insured, qualified, or will perform the work properly.
Homeowners must verify before awarding. Before awarding a job, you are solely responsible for independently verifying a Business's license and insurance (for example, through your state's contractor licensing board and by requesting a current certificate of insurance) and for evaluating anyone you admit to your property.
Free for Homeowners. Posting a job and receiving quotes is free for Homeowners, always. Dibs charges Homeowners no posting fee, quote fee, or service fee. Free to bid. Businesses send quotes at no charge; Dibs charges a Business a success fee only on a job it wins (paragraph (f) below). Payments are processed by our third-party payment processor, Stripe.
(a) Award. A Homeowner may award exactly one quote per job. Awarding a quote creates a direct agreement between the Homeowner and the Business to perform the work described in the job for the quoted amount. Dibs is not a party to that agreement (Section 1).
(b) Funds are held by Stripe. When the Homeowner awards a quote, the Homeowner's card is charged the quoted amount through Stripe, and the funds are held by Stripe — not by Dibs — until the job is complete. Dibs is not a bank, escrow agent, or money transmitter and does not take custody of Homeowner funds. By using in-app payments you agree to Stripe's applicable terms, including the Stripe Services Agreement and, for Businesses, the Stripe Connected Account Agreement.
(c) Release on completion. Held funds are released to the Business when the Homeowner marks the job complete in the app.
(d) 7-day auto-release. If the Business marks the job done and the Homeowner takes no action — neither marking the job complete nor opening a dispute — within 7 days, the held funds are released to the Business automatically. Homeowners are responsible for reviewing the work and acting within that window.
(e) Cancellation & disputes. If a job is canceled before work starts, the held funds are refunded to the Homeowner. Once the Business has marked the work done, the Homeowner may no longer cancel; instead the Homeowner must open a dispute through Dibs support (in the app or at dibsjobs@gmail.com) before the auto-release window ends. Dibs may, in its sole discretion, hold, release, adjust, refund, or reverse amounts to resolve a dispute, prevent fraud, or comply with law. Dibs's handling of a dispute is a Platform accommodation only and does not decide any legal claim between the Homeowner and the Business. You agree to raise any payment issue with Dibs support before initiating a chargeback with your card issuer (Section 8). Chargebacks and payment disputes are handled through Stripe and applicable card-network rules, and you agree to cooperate.
(f) Business success fee. Dibs charges the Business a success fee — currently 10% of the awarded quote amount — on each job the Business wins. The success fee is deducted from the Business's payout when the funds are released. Homeowners are never charged a fee. Except where required by law, the success fee is non-refundable once funds are released. We may change the success fee with prospective notice (for example, in-app or by email); a change applies only to jobs awarded after it takes effect.
(g) Payouts. Businesses receive payouts through Stripe Connect and must create and maintain a Stripe account with accurate, current information. Payouts are issued by Stripe, not Dibs, and are subject to Stripe's timing and requirements. Dibs may delay or withhold a payout while a dispute is open or where it reasonably suspects fraud or a violation of these Terms.
(h) Taxes & Form 1099-K. Businesses are solely responsible for determining, collecting, reporting, and paying all taxes on amounts earned through the Platform, including any applicable sales tax. Dibs does not withhold taxes. Stripe or Dibs may issue tax forms (such as a Form 1099-K) to Businesses where required by law.
(i) No fee circumvention. Sending a quote through Dibs and then arranging to complete the job — or substantially similar work for the same Homeowner — off-Platform to avoid the success fee is prohibited. Fee circumvention by a Business is grounds for immediate termination and forfeiture of any pending payouts; a Homeowner who knowingly participates may be suspended.
Quotes are sealed. A quote sent on Dibs is visible only to the Homeowner who posted the job (and to Dibs for the purpose of operating the Platform). Businesses never see each other's quote amounts. Ratings and reviews are shown to Homeowners above price.
Businesses may not coordinate. A Business may not share, disclose, discuss, coordinate, or solicit quote amounts — or an intention to quote or not to quote — with or from any other Business, on or off the Platform, and may not agree with any other Business to allocate jobs, refrain from quoting, or set quote levels. Bid-rigging of this kind is grounds for immediate termination and may violate federal and state antitrust law.
Homeowners may not shop quotes. A Homeowner may not share one Business's quote amount or quote contents with another Business to induce undercutting, and may not publish quote amounts. Quotes may be used only to decide which Business to award.
Confidentiality. Quote amounts, quote contents, and job street addresses are confidential Platform information and may be used only for the job to which they relate. Dibs may use aggregated, de-identified quote data to operate and improve the Platform.
By creating a Business account or sending a quote, each Business represents, warrants, and agrees that:
A false affirmation — including any false statement about licensure or insurance — is a material breach of these Terms and results in immediate termination of the Business account and forfeiture of any pending payouts, in addition to any other remedy available to Dibs or to affected Homeowners.
Application. To send quotes, a service company must create a business page that includes its business name, trade (and an optional second trade), phone number, website, service area, an "about" description, years in business, contractor license number, and an affirmation that it carries active liability insurance and any license its trade requires. Dibs may request insurance documentation before or after approval.
Approval is at Dibs's sole discretion. Dibs reviews every Business application before approval. Dibs may approve, reject, suspend, or terminate any Business account at any time, in its sole discretion, with or without cause or notice, and has no obligation to explain its decision. Approval is not an endorsement and may be withdrawn at any time.
Suspension & termination. Without limiting the above, Dibs may suspend or terminate a Business immediately for a false affirmation (Section 6), a lapsed license or insurance, quote sharing or bid-rigging (Section 5), fee circumvention (Section 4), failure to produce documentation on request, unresolved Homeowner disputes, or any other violation of these Terms. Where a Business is terminated for a false affirmation, fee circumvention, or fraud, pending payouts are forfeited. Termination does not relieve a Business of its obligations to Homeowners on jobs already awarded.
By posting a job or awarding a quote, each Homeowner represents, warrants, and agrees that:
You agree to use Dibs lawfully and respectfully. You will not, and will not allow anyone to:
Awarding a job means admitting a Business — and its employees or subcontractors — to your home or property and having physical work performed there. You are responsible for your own safety and the safety of your property. We encourage Homeowners to use good judgment — verify license and insurance before awarding, ask for a certificate of insurance, confirm who will be on site, keep valuables secured and pets contained, be present (or have someone you trust present) while work is performed, never share card or bank details outside the in-app Stripe checkout, and stop the work and contact us if you feel unsafe. Businesses are responsible for jobsite safety, for their crews, and for following applicable safety laws. Any safety tips we offer are suggestions only and do not create any duty on Dibs or guarantee your safety.
You retain ownership of the content you submit (job posts, photos and video, business pages, quotes, messages, and ratings and reviews — "User Content"). You grant Dibs a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, use, reproduce, modify, adapt, publish, display, and distribute your User Content to operate, provide, improve, and promote the Platform. Ratings and reviews may remain on the Platform after your account is closed. You represent that you own or have the rights to your User Content and that it does not violate these Terms or any law or third-party right.
The Platform, including its software, design, logos, and "Dibs" name, is owned by Dibs Marketplace LLC and protected by law. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Platform for its intended purpose. You may not copy, modify, distribute, or create derivative works except as allowed by these Terms.
The Platform relies on third-party services (for example, hosting and infrastructure, push notifications, and payment processing by Stripe). We are not responsible for third-party services, and their use may be subject to their own terms.
THE PLATFORM AND ALL CONTENT AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, DIBS DISCLAIMS ALL WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, TIMELY, OR ERROR-FREE.
Dibs reviews Business applications as described in Section 3, but Dibs does not verify, endorse, guarantee, or assume responsibility for any User, Business, job, quote, User Content, license, insurance, permit, or the quality, safety, legality, timing, workmanship, or completion of any work. Dibs makes no representation or warranty that any Business is licensed, insured, bonded, qualified, or competent, or that any quote is fair, accurate, or complete. Your interactions and dealings with other Users — online or on your property — are solely between you and those Users, at your own risk.
You understand and agree that using Dibs involves inherent risks, including admitting people you may not know onto your property, entering others' property, performing or receiving construction, repair, and other physical work, and the use of tools, equipment, ladders, and vehicles. These activities can result in bodily injury, illness, death, emotional harm, property damage, theft, or other loss. You knowingly and voluntarily assume all such risks.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU RELEASE AND FOREVER DISCHARGE DIBS MARKETPLACE LLC AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, AND AGENTS ("DIBS PARTIES") FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, AND EXPENSES OF EVERY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR RELATING TO ANY JOB, ANY INTERACTION OR DISPUTE WITH ANOTHER USER, OR THE ACTS OR OMISSIONS OF ANY USER OR THIRD PARTY, INCLUDING CLAIMS FOR BODILY INJURY, DEATH, AND PROPERTY DAMAGE.
You expressly waive any law that would limit a general release to claims you know or suspect to exist at the time of the release.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DIBS PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE DIBS PARTIES' TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO DIBS IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in that case, the Dibs Parties' liability is limited to the smallest amount permitted by law. Nothing in these Terms limits liability that cannot be limited by law.
You agree to defend, indemnify, and hold harmless the Dibs Parties from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Platform; (b) any job you post, quote on, award, or perform; (c) your violation of these Terms or any law or third-party right, including any breach of the representations in Section 6 or Section 8; (d) your User Content; (e) for Businesses, any permit, licensing, insurance, employee, subcontractor, workers' compensation, or workmanship matter relating to a job; or (f) your interactions or disputes with any User or third party, including any injury, death, or property damage you cause. Dibs may assume the exclusive defense and control of any matter subject to indemnification, and you agree to cooperate.
You may stop using Dibs and delete your account at any time. We may suspend, restrict, or terminate your account or access at any time, with or without cause or notice, including for any violation of these Terms or to protect Users or the Platform (see also Section 7 for Business accounts). Sections that by their nature should survive termination — including Sections 1, 4 (as to amounts owed), 5, 6, 8, 11, 14–20, and 23 — will survive.
We may modify or discontinue the Platform, and may update these Terms, at any time. If we make material changes, we will provide notice (for example, by in-app notice, email, or updating the "Last updated" date). Your continued use after changes take effect means you accept the updated Terms.
(a) Agreement to arbitrate. You and Dibs agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform ("Dispute") will be resolved by binding individual arbitration, and not in court, except as stated below. This agreement is governed by the Federal Arbitration Act.
(b) Class-action waiver. YOU AND DIBS 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 class or representative proceeding.
(c) Arbitration procedure. The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, before a single arbitrator, and may be conducted by phone, video, or written submissions where allowed. The arbitrator decides all issues, except that a court decides the enforceability of the class-action waiver.
(d) Small-claims exception. Either party may bring an individual claim in small-claims court if it qualifies.
(e) 30-day right to opt out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing dibsjobs@gmail.com with your name, the email on your account, and a clear statement that you opt out of arbitration. Opting out will not affect any other part of these Terms.
(f) Severability of this Section. If the class-action waiver in (b) is found unenforceable as to a particular claim, that claim will proceed in court, but the rest of this Section still applies to all other claims. If any other part of this Section is found unenforceable, it will be severed and the remainder enforced.
If you obtained the Dibs app through the Apple App Store or Google Play, you also agree to that store's terms, and the following applies to the extent required:
If you believe content on Dibs infringes your copyright, send a notice to our designated agent at dibsjobs@gmail.com with: (a) your signature; (b) identification of the work; (c) the material and its location; (d) your contact information; (e) a statement of good-faith belief the use is unauthorized; and (f) a statement, under penalty of perjury, that your notice is accurate and you are authorized to act. We respond to valid notices and terminate repeat infringers.
These Terms are governed by the laws of the State of Utah, without regard to its conflict-of-laws rules. Subject to the arbitration agreement in Section 20, any dispute not subject to arbitration will be brought exclusively in the state or federal courts located in Utah County, Utah, and you consent to their jurisdiction.
Dibs Marketplace LLC — dibsjobs@gmail.com · calldibss.com
By using Dibs, you acknowledge that you have read, understood, and agree to these Terms of Service and the Privacy Policy.