Terms of Service - Borosome

1. Agreement to Terms

By accessing and using Borosome ("we," "us," or "our"), including our mobile application and website (collectively, the "Service"), you agree to be bound by these Terms of Service ("Terms") and our Privacy Policy. If you do not agree to these Terms, do not use our Service.

2. Service Description

Borosome is a peer-to-peer rental marketplace that connects people who want to rent items with those who have items to rent. We provide the platform but are not party to the actual rental agreements between users. We do not own, manage, or control any items listed on the platform.

3. Eligibility

To use Borosome, you must:

Be at least 18 years old
Be a resident of a jurisdiction where our Service is available
Provide accurate and current information
Have the legal capacity to enter into binding agreements
Comply with all applicable laws and regulations
Not have been previously suspended or removed from the Service

4. User Accounts

You are responsible for:

Maintaining the confidentiality of your account credentials
All activities that occur under your account
Providing accurate and up-to-date information
Notifying us immediately of any unauthorized access or security breach
Using the Service in accordance with these Terms

You may not share your account with others or create multiple accounts. We reserve the right to suspend or disable accounts that we reasonably believe are being used in violation of these Terms.

5. Electronic Communications Consent

By creating an account, you consent to receive electronic communications from us, including but not limited to: emails, push notifications, in-app messages, and SMS messages. These communications may include rental updates, transaction confirmations, safety alerts, account notifications, and promotional messages (with your opt-in).

You agree that these electronic communications satisfy any legal requirement that such communications be in writing. You can manage your notification preferences in the app settings and opt out of marketing communications at any time.

6. Zero-Tolerance Policy for Objectionable Content

Borosome maintains a strict zero-tolerance policy for objectionable content. You agree NOT to post, upload, share, or transmit any content that is:

Offensive, abusive, harassing, threatening, or hateful
Sexually explicit, pornographic, or obscene
Discriminatory based on race, gender, religion, nationality, disability, sexual orientation, or age
Promoting violence, illegal activities, or self-harm
Fraudulent, misleading, or deceptive
Infringing on intellectual property rights
Spam or unsolicited commercial content

Violation of this policy may result in immediate account suspension or permanent termination without prior notice.

7. Listing Items

When listing items, you must:

Own the item or have legal authority to rent it
Provide accurate descriptions, photos, and condition details
Set reasonable pricing and accurate availability
Ensure items are safe, in working condition, and free of defects
Comply with all applicable local, state, and federal laws regarding rentals
Maintain appropriate insurance for high-value items where applicable

Prohibited Items

The following items may not be listed on Borosome:

Weapons, firearms, ammunition, or explosives
Illegal drugs, controlled substances, or drug paraphernalia
Stolen or counterfeit goods
Items subject to government recalls
Hazardous materials or chemicals
Items requiring a license or certification to operate (unless the renter holds such license)
Living animals
Items that violate any applicable law or regulation

We reserve the right to remove any listing at our discretion and may update this list at any time.

8. Renting Items

As a renter, you agree to:

Use items only as intended and described in the listing
Return items on time and in the same condition as received
Pay all fees, deposits, and charges on time
Report any damage, defects, or issues immediately upon discovery
Follow the owner's instructions and usage guidelines
Not sublease, lend, or transfer items to any third party
Assume responsibility for any damage, loss, or theft during the rental period

9. Payments, Fees, and Deposits

All payments are processed securely through Stripe, our third-party payment provider
A service fee is charged on each transaction. Current fee rates are displayed before you confirm any rental
Security deposits may be required for certain items and are held until the item is returned in satisfactory condition
Payouts to listers are processed according to the schedule displayed in your account settings
You are responsible for all applicable taxes related to your use of the Service
Payment disputes must be reported within 14 days of the transaction

10. Cancellation Policy

The following cancellation rules apply to all rentals:

Renter cancellations (48+ hours before rental start): Full refund minus any non-refundable service fees.
Renter cancellations (less than 48 hours before rental start): 50% refund of the rental fee. Service fees are non-refundable.
Renter cancellations (after rental start): No refund unless the item was materially misrepresented.
Lister cancellations: Renters receive a full refund. Repeated lister cancellations may result in penalties or account suspension.

We reserve the right to issue refunds at our discretion in cases of disputes, extenuating circumstances, or Safety-related issues. All refund requests are reviewed on a case-by-case basis.

11. Damage Claims and Disputes

In the event of damage, loss, or theft during a rental:

Reporting: The lister must report the damage through the app within 48 hours of the item being returned, including photos and a description of the damage.
Security deposit: If a security deposit was collected, it may be applied toward repair or replacement costs.
Resolution: We encourage users to resolve disputes directly. If no agreement is reached, either party may request mediation through our support team.
Mediation: Our support team will review the evidence provided by both parties and make a determination within 14 business days.
Additional costs: If the damage exceeds the security deposit, the renter may be charged for the remaining amount.

Borosome acts as a mediator, not an insurer. We are not responsible for the condition, safety, legality, or suitability of any item listed on the platform.

12. Reporting and Moderation

Borosome provides tools to report objectionable content and block abusive users. All reports are reviewed within 24 hours. Users who violate these Terms may have their accounts suspended or permanently banned.

You can report content or users directly within the app using the report function available on listings, user profiles, and message threads.

13. Prohibited Activities

You may not:

Violate any applicable laws or regulations
Infringe on any third party's intellectual property rights
Engage in fraudulent, deceptive, or misleading practices
Harass, threaten, intimidate, or abuse other users
Use the Service for unauthorized commercial purposes
Attempt to circumvent security measures, reverse-engineer, or access unauthorized areas of the Service
Create fake accounts, impersonate others, or misrepresent your identity
Scrape, crawl, or use automated tools to access the Service without our written permission
Interfere with the proper functioning of the Service
Arrange transactions outside the platform to avoid fees or protections

14. Content and Intellectual Property

Your Content

You retain ownership of all content you post on the Service (photos, descriptions, reviews, messages).
By posting content, you grant Borosome a non-exclusive, worldwide, royalty-free, sublicensable (to our service providers), transferable license to use, display, reproduce, and distribute your content solely for the purpose of operating, promoting, and improving the Service.
You represent that you have all necessary rights to the content you post and that it does not infringe on any third party's rights.
We may remove any content that violates these Terms at our discretion.

Our Content

The Borosome name, logo, and all related trademarks, service marks, and trade names are our property.
The Service and its original content (excluding user content), features, and functionality are owned by Borosome and are protected by copyright, trademark, and other intellectual property laws.

15. Assumption of Risk

By using Borosome, you acknowledge and agree that the Service involves interactions between individuals, including in-person meetups for item exchanges. You voluntarily assume all risks associated with these interactions, including but not limited to:

Physical harm, property damage, or theft during item exchanges
The condition, quality, safety, or legality of items listed on the platform
The accuracy of item descriptions and user representations
The conduct, identity, or intentions of other users

We strongly recommend meeting in well-lit, public places for item exchanges and inspecting items before accepting them.

16. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. To the fullest extent permitted by applicable law, Borosome disclaims all warranties, including but not limited to:

Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
Warranties that the Service will be uninterrupted, error-free, secure, or free of viruses or harmful components
Warranties regarding the accuracy, reliability, or completeness of any content on the Service
Warranties regarding the condition, safety, quality, or legality of any items listed
Warranties regarding the truth or accuracy of any user's listing, profile, or representations

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In such cases, our warranties are limited to the minimum extent permitted by law.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOROSOME AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, arising out of or related to:

Your use of or inability to use the Service
Any conduct or content of any third party on the Service
Any items rented, listed, or exchanged through the Service
Unauthorized access, use, or alteration of your transmissions or content

In no event shall Borosome's total aggregate liability to you for all claims arising out of or relating to the Service exceed the greater of (a) the total amount of fees you paid to Borosome in the twelve (12) months preceding the claim, or (b) one hundred dollars ($100 USD).

Some jurisdictions do not allow limitations on liability, so the above limitations may not apply to you in full. In such cases, our liability is limited to the minimum extent permitted by law.

18. Indemnification

You agree to defend, indemnify, and hold harmless Borosome and its officers, directors, employees, contractors, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from:

Your use of the Service
Your violation of these Terms
Your violation of any third party's rights, including intellectual property or privacy rights
Any content you post or submit through the Service
Any rental transaction you participate in
Any damage to or loss of items during a rental period

19. Privacy and Data

Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information. By using our Service, you consent to our data practices as described in the Privacy Policy.

20. Account Termination

You may delete your account at any time through Settings > Delete Account in the app
We may suspend or terminate accounts for violations of these Terms, with or without prior notice
Upon termination, your right to use the Service ceases immediately
Personal data will be permanently deleted within 30 days of account deletion, except as required by law (see our Privacy Policy for retention details)
Outstanding financial obligations (unpaid fees, pending damage claims, refund obligations) survive termination
Sections 14-18, 22-24 survive termination of these Terms

21. Dispute Resolution and Arbitration

Please read this section carefully. It affects your legal rights, including your right to file a lawsuit in court.

Informal Resolution

Before initiating any formal dispute resolution, you agree to first contact us at [email protected] and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration

If a dispute cannot be resolved informally, you and Borosome agree to resolve it through binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. Arbitration shall take place in New York, New York, or at another mutually agreed location. The arbitrator's decision is final and binding.

Class Action Waiver

You and Borosome agree that disputes will be resolved on an individual basis only. You waive your right to participate in a class action, class arbitration, or any other representative proceeding. This waiver does not apply where prohibited by applicable law.

Small Claims Exception

Notwithstanding the above, either party may bring an individual claim in small claims court if the claim falls within that court's jurisdiction.

Opt-Out Right

You may opt out of the arbitration and class action waiver provisions by sending written notice to [email protected] within 30 days of first agreeing to these Terms. If you opt out, disputes will be resolved in the state or federal courts of New York, New York.

22. Force Majeure

Borosome shall not be liable for any failure or delay in performing our obligations under these Terms where such failure or delay results from events beyond our reasonable control, including but not limited to: natural disasters, pandemics, government actions, war, terrorism, civil unrest, power outages, internet or telecommunications failures, or third-party service provider outages.

23. Apple and Google App Store Terms

If you access the Service through a mobile application downloaded from the Apple App Store or Google Play Store ("App Store Provider"), you acknowledge and agree that:

These Terms are between you and Borosome only, not with the App Store Provider. Borosome, not the App Store Provider, is solely responsible for the Service.
The App Store Provider has no obligation to provide maintenance, support, or warranty services for the Service.
In the event of any failure of the Service to conform to any applicable warranty, the App Store Provider's maximum liability is limited to refunding the purchase price of the app (if any).
The App Store Provider is not responsible for addressing any claims by you or a third party relating to the Service, including product liability claims, consumer protection claims, or intellectual property infringement claims.
In the event of any third-party claim that the Service infringes a third party's intellectual property rights, Borosome, not the App Store Provider, shall be solely responsible for the investigation, defense, settlement, and discharge of any such claim.
The App Store Provider and its subsidiaries are third-party beneficiaries of these Terms. Upon your acceptance of these Terms, the App Store Provider will have the right to enforce these Terms against you as a third-party beneficiary.
You represent and warrant that you are not located in a country subject to a U.S. Government embargo and are not listed on any U.S. Government list of prohibited or restricted parties.

24. Service Modifications

We reserve the right to:

Modify, suspend, or discontinue features of the Service at any time, with or without notice
Update these Terms with at least 30 days' notice for material changes
Suspend or terminate accounts for violations of these Terms
Change fees and pricing structures with reasonable advance notice
Implement new policies and procedures

Your continued use of the Service after changes take effect constitutes acceptance of the updated Terms. If you disagree with the changes, you may delete your account before they take effect.

25. Governing Law and Severability

These Terms are governed by and construed in accordance with the laws of the State of New York, United States, without regard to conflict of law principles. Subject to the arbitration provision above, any legal proceedings shall take place in the state or federal courts located in New York, New York.

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

26. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Borosome regarding the Service and supersede all prior agreements, understandings, and communications, whether written or oral.

27. Contact Information

For questions about these Terms or our Service, contact us at:

Email: [email protected]