Terms of Service

1. Acceptance of Terms

Welcome to All Borrow. These Terms of Service ("Terms") constitute a legally binding agreement between you and All Borrow, Inc. ("All Borrow," "we," "us," or "our") governing your access to and use of our website, mobile application, and services (collectively, the "Platform").

By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Platform.

2. Platform Description and Role

IMPORTANT: All Borrow is a marketplace platform that facilitates transactions between independent lenders who list items for rent and renters who wish to borrow those items. All Borrow is NOT a party to the rental transactions and is NOT the fulfillment entity for any rentals.

We provide the technology and tools to connect lenders and renters, process payments, and facilitate communication. However, the actual rental agreement is directly between the lender and the renter. All Borrow does not own, sell, rent, or control the items listed on the Platform.

While we strive to provide a safe and reliable platform, both lenders and renters assume their own risks when participating in transactions. All Borrow is not responsible for the quality, safety, legality, or availability of items listed, or for the ability of lenders to fulfill rentals or renters to complete payments.

3. Eligibility and Account Registration

You must be at least 18 years old to use the Platform. By creating an account, you represent and warrant that:

• You are at least 18 years of age
• You have the legal capacity to enter into binding contracts
• All information you provide is accurate, current, and complete
• You will maintain the security of your account credentials
• You will not share your account with others

You are responsible for all activity that occurs under your account. You must notify us immediately of any unauthorized access or security breach.

4. User Responsibilities

For Lenders

As a lender, you agree to:

• Provide accurate descriptions, photos, and pricing for your items
• Ensure items are in good working condition and safe for use
• Honor confirmed bookings and rental terms
• Communicate clearly and promptly with renters
• Comply with all applicable laws and regulations
• Maintain appropriate insurance for your items (if required)

For Renters

As a renter, you agree to:

• Use rented items responsibly and as intended
• Return items on time and in the same condition as received
• Pay all fees and charges associated with your rental
• Report any damage or issues immediately
• Comply with the lender's rental terms and policies
• Not sublease or transfer rental items to others

5. Payments, Fees, and Payouts

All Borrow facilitates payment processing between renters and lenders. We use third-party payment processors to handle transactions securely.

• Service Fees: All Borrow charges service fees to lenders and/or renters for use of the Platform. Fees are disclosed before completing a transaction.
• Payment Authorization: By making a booking, renters authorize All Borrow to charge their payment method for the rental amount, fees, and any applicable deposits or damages.
• Payouts to Lenders: Lenders receive payouts according to our payout schedule, typically after the rental period is completed.
• Refunds and Cancellations: Refund policies are determined by individual lenders and disclosed in their listings. All Borrow may facilitate refunds but is not obligated to provide refunds for transactions between users.
• Disputes: Payment disputes between lenders and renters should be resolved directly between the parties. All Borrow may assist in mediation but is not responsible for resolving payment disputes.

6. Prohibited Conduct

You agree not to:

• Violate any laws, regulations, or third-party rights
• Post false, misleading, or fraudulent content
• List illegal, stolen, counterfeit, or dangerous items
• Engage in price manipulation or fraudulent transactions
• Harass, threaten, or abuse other users
• Attempt to circumvent the Platform to avoid fees
• Use automated tools to scrape or collect data from the Platform
• Interfere with the operation of the Platform or other users' access
• Impersonate others or misrepresent your affiliation
• Upload viruses, malware, or other harmful code

Violation of these terms may result in account suspension or termination, and we may report illegal activity to law enforcement.

7. Intellectual Property

The Platform, including its design, features, text, graphics, logos, and software, is owned by All Borrow and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works without our express written permission.

By posting content on the Platform (such as listings, photos, or reviews), you grant All Borrow a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your content in connection with operating and promoting the Platform.

8. Disclaimers and Limitation of Liability

Platform Provided "As Is"

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ALL BORROW DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

No Responsibility for User Transactions

ALL BORROW DOES NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF ITEMS LISTED ON THE PLATFORM. WE DO NOT VERIFY THE ACCURACY OF USER CONTENT, LISTINGS, OR REPRESENTATIONS. ALL BORROW IS NOT RESPONSIBLE FOR THE CONDUCT OF USERS OR THE PERFORMANCE OF RENTAL TRANSACTIONS.

YOU ACKNOWLEDGE AND AGREE THAT ALL TRANSACTIONS ARE SOLELY BETWEEN LENDERS AND RENTERS. ALL BORROW IS NOT A PARTY TO RENTAL AGREEMENTS AND ASSUMES NO LIABILITY FOR DISPUTES, DAMAGES, INJURIES, LOSSES, OR CLAIMS ARISING FROM TRANSACTIONS BETWEEN USERS.

Assumption of Risk

By using the Platform, you acknowledge and accept that:

• Renting and lending items involves inherent risks
• Items may not meet your expectations or may be damaged, defective, or unsafe
• Users may fail to fulfill their obligations
• You assume all risks associated with transactions on the Platform
• All Borrow is not responsible for verifying user identities, backgrounds, or qualifications

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALL BORROW, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR USE, ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM OR TRANSACTIONS WITH OTHER USERS.

IN NO EVENT SHALL ALL BORROW'S TOTAL LIABILITY TO YOU EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNT OF FEES YOU PAID TO ALL BORROW IN THE 12 MONTHS PRECEDING THE CLAIM.

9. Indemnification

You agree to indemnify, defend, and hold harmless All Borrow and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Platform
• Your violation of these Terms
• Your violation of any rights of another person or entity
• Your listings, rentals, or transactions with other users
• Any content you post on the Platform

10. Account Termination and Suspension

All Borrow reserves the right to 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, abusive, or illegal activity
• Complaints from other users
• Non-payment of fees
• Prolonged inactivity

Upon termination, your right to use the Platform will immediately cease. You remain liable for all obligations incurred prior to termination.

11. Dispute Resolution and Arbitration

Any dispute arising out of or relating to these Terms or the Platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You agree to waive your right to a jury trial and to participate in class action lawsuits.

These Terms shall be governed by the laws of the State of Delaware, without regard to its conflict of law provisions.

12. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email or through a prominent notice on the Platform. Your continued use of the Platform after changes take effect constitutes acceptance of the revised Terms. The "Last updated" date at the top indicates when these Terms were last modified.

13. General Provisions

• Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and All Borrow.
• Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full effect.
• No Waiver: Our failure to enforce any provision does not constitute a waiver of that provision.
• Assignment: You may not assign these Terms without our consent. We may assign these Terms to any affiliate or successor.
• Force Majeure: All Borrow is not liable for delays or failures due to circumstances beyond our reasonable control.

14. Contact Us

If you have any questions about these Terms of Service, please contact us at hello@allborrow.com.