These Terms of Service (the "Terms") are a binding agreement between you and Trencher Digital Technologies LLC, a Michigan limited liability company ("Trencher," "we," "us," or "our"), governing your access to and use of the Trencher website, mobile application, and related services (together, the "Platform").
By creating an account, or by accessing or using the Platform, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Platform.
Trencher operates an online marketplace that helps homeowners and other property owners ("Customers") find independent contractor businesses ("Pros") for home-repair and home-improvement work (for example, roofing, waterproofing, siding, plumbing, and HVAC), and helps Pros find work.
Trencher is a venue only. We are not a party to any agreement for services between a Customer and a Pro, and:
The contract for any job is solely between the Customer and the Pro. Each is responsible for its own obligations under that contract.
Eligibility. You must be at least 18 years old and able to form a binding contract. Pros must be a validly formed and, where required, licensed business operating lawfully in Michigan.
Registration. You register using an email address or mobile phone number plus a password, verified by a one-time code sent by SMS or email. You agree to provide accurate, current, and complete information and to keep it updated.
Account security. You are responsible for safeguarding your credentials and for all activity under your account. Notify us immediately at support@trencherpros.com of any unauthorized use. We are not liable for losses arising from your failure to secure your account.
Communications. By creating an account, you consent to receive communications from Trencher related to your account and use of the Platform — including verification codes, job/quote/payment status updates, and support messages — by email, SMS/text message (where you've provided a phone number), and push notification (if you enable them on your device). Message and data rates may apply to SMS. These transactional communications are part of the service and can't be turned off while you use the Platform; see the Privacy Policy for how to opt out of any future marketing messages.
One account. You may not maintain multiple accounts, share an account, or create an account on behalf of anyone else without authorization.
Property access. A Customer may optionally provide property-access instructions (for example, a lockbox code, gate code, or key location) when posting a job, and may add, edit, or remove them at any time from the job tracker. That information is hidden from Pros until a Pro is matched to the job — the same protection given to the service address. Sharing it is the Customer's choice; see Section 12 for how responsibility for its use is allocated. We recommend changing any lockbox or gate code after a job is complete.
Trencher may, but is not obligated to, screen, moderate, reorder, or remove jobs, quotes, or accounts at its discretion.
By using the Platform as a Pro, you represent, warrant, and agree, on a continuing basis, that:
Michigan licensing and the $600 threshold. You are solely responsible for determining and complying with the licensing rules that apply to your trade. As a general guide only (not legal advice):
The Platform may restrict quoting by trade and job value to reflect these rules, but you remain responsible for your own compliance, and any Platform-level check is a convenience, not a legal determination or a substitute for your own judgment.
You warrant that you will not submit, or attempt to submit, a quote for work that would require a license you do not hold — including structuring or splitting a project into smaller contracts to stay under the $600 threshold described above. Trencher may immediately suspend or freeze your account, and withhold or reverse any pending payout, if we reasonably believe you have quoted or performed work in violation of Michigan contracting-licensure law.
Payment processor. All payments are processed by Stripe, Inc. through Stripe Connect. By transacting on the Platform, you agree to Stripe's applicable terms, including the Stripe Connected Account Agreement (for Pros). Your use of Stripe is subject to Stripe's own terms and privacy policy.
Payment methods and fund flow. When a Customer approves a quote, requests a Pro that charges a visit/quote fee, or approves a change order for additional work, the Customer authorizes a charge to a credit or debit card, or an ACH bank debit, for that specific amount. Time-sensitive (emergency/urgent) jobs may be restricted to card payment only, since ACH transfers take several business days to clear and are a poor fit for work a Pro needs to start the same day. Funds are collected and held by the payment processor — Trencher never takes custody or control of Customer funds — and are released to the Pro's connected Stripe account only after the Customer marks the job complete (or the equivalent milestone for a quote fee or change order), or as otherwise determined through the dispute process in Section 8.
Credit card surcharge. Paying by credit card adds a surcharge equal to Trencher's actual cost of accepting that card, capped at 3% of the charge — this is a pass-through of processing cost, not a Trencher fee. Debit cards, prepaid cards, and ACH bank transfers are never surcharged. The exact surcharge amount is shown, and requires your separate confirmation, before the charge is submitted — it is never applied without you seeing and agreeing to that specific amount first. If you'd rather not pay it, use a debit card or bank transfer instead where available.
Explicit authorization for each charge. Before any charge is created — the original job payment, a visit/quote fee, or any change-order (additional-work) payment — the Platform shows you the specific dollar amount and a plain-language authorization statement, and requires you to affirmatively check a box agreeing to it before the charge is submitted. This is a distinct, specific authorization for that individual charge, separate from and in addition to your acceptance of these Terms as a whole, and the exact text you agreed to, together with a timestamp, is recorded as part of your account records and may be used as evidence that you authorized that charge.
Platform fee. Trencher charges a platform fee of 5% of the job price, deducted from whatever is paid out to the Pro — the Customer is charged the quoted price and nothing more. The fee is disclosed before a Customer approves a quote, and again in the specific authorization statement for that charge (see above). This fee is retained by Trencher regardless of how the job resolves — whether it is completed, cancelled and refunded under Section 7, or resolved through the dispute process under Section 8 — because the Platform is used to match the Customer and Pro, hold the funds, and (where needed) mediate the outcome regardless of what that outcome turns out to be. Where funds are refunded or split, the amount refunded or paid out already reflects this fee having been retained; it is never billed as a separate, additional charge.
Declines, returns, and reversals. A card charge can be declined, and an ACH transfer can fail, be returned, or be reversed. You authorize Trencher and its processor to initiate charges and, where applicable, debits and credits to the payment method you provide. You are responsible for any fees, reversals, or shortfalls caused by insufficient funds, a closed or invalid account, a declined or expired card, or an unauthorized-transaction claim that is later found to be invalid, and we may suspend your account and pursue amounts owed.
Taxes. Prices do not include taxes unless stated. Each user is responsible for its own tax obligations, including any sales or use tax a Pro must collect or remit.
This policy does not limit any non-waivable statutory right you may have.
Direct resolution first. Customers and Pros should first try to resolve any disagreement directly through in-app messaging.
Trencher admin resolution. If a Customer and a Pro cannot agree — for example, on whether a job is complete or a cancellation should be honored — either may request review by a Trencher administrator. A human reviewer may, at Trencher's reasonable discretion, decide to refund the Customer, release funds to the Pro, or split the held funds between them in any proportion, based on the information available. Trencher's platform fee (Section 6) is retained in every case, regardless of how the remaining funds are divided. You agree that Trencher's determination of how to release, refund, or split held funds is final as to the movement of those funds, but does not determine the parties' underlying legal rights, which they remain free to pursue against each other. Trencher is not an arbitrator, judge, or adjudicator of the parties' contract; it is administering the payment mechanism only.
This Section governs disputes between users. Disputes between you and Trencher are governed by Section 17.
After a job, a Customer may rate and review the Pro. Reviews must be truthful, based on a genuine transaction, and free of unlawful, harassing, or infringing content. A reviewer may edit or delete their own review at any time.
By submitting reviews, ratings, messages, photos, or other content ("User Content"), you grant Trencher a non-exclusive, worldwide, royalty-free license to host, store, display, reproduce, and distribute that content in connection with operating and promoting the Platform. You represent that you have the rights to grant this license. Trencher may remove User Content that violates these Terms but is not obligated to monitor it and is not responsible for it.
The Platform provides in-app messaging between a Customer and their matched Pro, scoped to a single job. You agree to use messaging only for legitimate job-related communication. To operate the Platform, provide support, ensure safety, and resolve disputes, Trencher may store and, where appropriate, review messages. Do not use messaging to transact off-Platform in order to avoid fees (see Section 11).
You agree not to:
Circumvention fee. If a Customer and Pro connected through the Platform arrange or complete payment for a job outside the Platform in order to avoid the platform fee described in Section 6, Trencher may suspend or terminate both accounts and charge each party an administrative fee equal to the platform fee that would have been owed on the job's estimated price, using the payment method on file.
Violations may result in content removal, suspension, or termination, and may be reported to authorities.
THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, to the fullest extent permitted by law.
Without limiting the above, and consistent with Section 2 and Section 5, Trencher does not warrant and expressly disclaims responsibility for:
You use the Platform, and engage any Customer or Pro, at your own risk. You are responsible for your own due diligence, including verifying a Pro's license and insurance directly. Home-repair and construction work inherently involves allowing a third party — a Pro, its employees, or its subcontractors — physical access to your property. By booking a job, a Customer voluntarily assumes the risks that come with that access, including theft, vandalism, property damage, or personal injury caused by a Pro; as described in Section 5, Trencher does not perform a background check on any Pro and makes no representation about their trustworthiness or conduct.
Some jurisdictions do not allow certain warranty disclaimers, so some of the above may not apply to you.
To the fullest extent permitted by law, Trencher and its members, managers, officers, 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, or goodwill, arising out of or relating to the Platform or these Terms, even if advised of the possibility of such damages.
To the fullest extent permitted by law, Trencher's total aggregate liability arising out of or relating to the Platform or these Terms will not exceed the greater of (a) the total platform fees you paid to Trencher in the three (3) months before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100).
These limitations do not apply to liability that cannot be limited under applicable law (for example, for a party's gross negligence, willful misconduct, or fraud).
You agree to indemnify, defend, and hold harmless Trencher and its members, managers, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Platform; (b) your breach of these Terms; (c) your violation of any law or third-party right; (d) any job you post, quote, perform, or receive — including any property damage, bodily injury, statutory licensing violation, or construction/mechanic's lien resulting from it; and (e) your User Content.
You may stop using the Platform and delete your account at any time (see the Privacy Policy for how deletion works). We may suspend or terminate your access, with or without notice, if we reasonably believe you have violated these Terms, created risk or legal exposure, or for any other reason permitted by law. Sections that by their nature should survive termination — including Sections 2, 6 (as to completed or pending transactions), 8, 9, 12–14, and 17 — survive.
We may modify these Terms from time to time. If we make material changes, we will provide reasonable notice (for example, by email or in-app notice) and update the "Last updated" date. Changes are effective when posted unless stated otherwise; continued use after changes take effect means you accept them. We may also change, suspend, or discontinue any part of the Platform.
Governing law. These Terms are governed by the laws of the State of Michigan, without regard to its conflict-of-laws rules.
Agreement to arbitrate. Except as carved out below, any dispute, claim, or controversy between you and Trencher arising out of or relating to these Terms or the Platform will be resolved by final and binding arbitration, administered by the American Arbitration Association ("AAA") under its applicable consumer or commercial rules then in effect. The Federal Arbitration Act governs the interpretation and enforcement of this Section. Arbitration will take place in Macomb County, Michigan, or by videoconference, and judgment on the award may be entered in any court of competent jurisdiction.
Carve-outs. Either party may (a) bring an individual claim in small-claims court if it qualifies, and (b) seek injunctive or equitable relief in court for intellectual-property misuse or unauthorized access to the Platform.
Class-action waiver. Disputes will be arbitrated only on an individual basis. You and Trencher waive any right to bring or participate in a class, collective, consolidated, or representative action. If this class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court, and the rest of this Section will remain in effect.
30-day opt-out. You may opt out of this arbitration agreement by sending written notice to support@trencherpros.com within 30 days of first accepting these Terms, stating your name and account. Opting out does not affect the other provisions of these Terms.