1. Who we are
Borrowly Technologies, Inc. ("we", "us") operates Borrowly, an online marketplace where members list items for rent and offer services, and other members book them. Our registered address is 123 Example Street, Portland, OR 97204, USA.
2. What we do and do not do
We provide the platform: listings, search, booking, messaging, payment processing and dispute handling. We are not a party to the rental agreement between a renter and a provider. We do not own, inspect, or take custody of any listed item, and we do not employ or supervise any service provider.
This matters for expectations: the condition of an item, the quality of a service and the accuracy of a listing are the responsibility of the member who published it.
3. Where we operate
Borrowly is offered in the United States only. We do not currently accept members, listings or bookings outside the United States, and the service is not directed at people in the European Economic Area or the United Kingdom.
4. Eligibility
You must be at least 18 years old and legally able to enter into contracts. You must provide accurate registration information and keep it current. One person may hold one account.
5. Your account
You are responsible for activity under your account and for keeping your password secure. Tell us immediately if you believe someone else has accessed it. We may suspend or terminate an account that breaches these terms, with notice where practical, and always with a route to appeal.
6. Listings
Providers are responsible for ensuring that what they list is:
- legal to rent or supply in their jurisdiction;
- accurately described, including condition, faults and what is included;
- safe and fit for the described purpose;
- covered by any license, certification or insurance the law requires.
Prohibited and restricted categories are set out in the Prohibited Items Policy, which forms part of these terms.
7. Bookings and payment
A booking is formed when it is confirmed and payment has been taken. Prices, fees, deposits and cancellation terms are shown before payment and are captured in an immutable price record attached to the booking.
We collect payment on the provider's behalf, deduct our service fee, and remit the balance. Payment card data is handled by our payment processor; we never store card numbers.
8. Security deposits
Where a listing requires a deposit, the method used is disclosed before you pay:
- Authorization hold — funds are reserved on your card and released after inspection.
- Refundable charge — used for longer rentals, where a hold cannot be maintained. The deposit is charged and refunded after inspection.
Deposits may be captured, in whole or part, only where a damage, loss or late-return claim is upheld under our dispute process.
9. Cancellations and refunds
Each listing states a cancellation policy. Refunds are calculated automatically from that policy, the time of cancellation and who cancelled. A booking cancelled by the provider is always refunded in full. Full terms are in the Cancellation Policy.
10. Condition evidence
Photographs, checklists and PIN confirmations recorded through the platform are operational evidence to help resolve disagreements. They are not identity verification and do not constitute legal proof of condition, ownership or delivery.
11. Prohibited conduct
You must not: misrepresent yourself or a listing; take bookings or payment outside the platform to avoid fees; harass, discriminate against or endanger another member; scrape or reverse-engineer the service; or use it for anything unlawful.
12. Taxes and independent status
Providers are independent of us. Nothing here creates an employment, agency, partnership or joint-venture relationship, and we do not direct or supervise how a provider performs.
You are responsible for determining and paying any tax on what you earn, and for any sales, use or rental tax your state or locality imposes on what you list. Our payment processor may issue you a Form 1099-K reporting your payout volume where federal or state thresholds are met; receiving one, or not receiving one, does not change what you owe. We do not give tax advice.
13. Liability
The service is provided "as is." To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that any listing is accurate, that any item is safe or fit for purpose, or that any member is who they say they are.
To the fullest extent permitted by law, we are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost data or loss of use, arising out of your use of the service or out of any rental between members. Our total liability for any claim relating to the service is limited to the greater of the fees we retained on the booking giving rise to the claim, or $100.
These limits do not apply to liability that cannot lawfully be excluded or limited, including liability for our own fraud, fraudulent misrepresentation, gross negligence or willful misconduct, or for death or personal injury caused by our negligence. Some states do not allow the exclusion of certain warranties or the limitation of incidental or consequential damages, so parts of this section may not apply to you.
14. Disputes
Members should first try to resolve a problem directly through the platform's messaging. If that fails, either party may open a dispute; we will review the evidence and reach a decision on the release of funds and deposits. Our decision governs money held on the platform; it does not prevent either party pursuing other legal remedies.
15. Governing law and venue
These terms, and any dispute between you and us arising out of them or out of your use of Borrowly, are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules. You and we agree that the exclusive venue for any such dispute is the state or federal courts located in Palm Beach County, Florida, and each of us consents to personal jurisdiction there.
This section governs disputes with us. It does not decide the law that applies between a renter and a provider — see the Rental Agreement for that.
Nothing here limits any right you have under the consumer-protection law of the state where you live.
16. Changes
We may update these terms. When we do, you are notified in the app, and we ask you to accept the new version. Acceptance is required before your next booking — you can continue browsing and managing your account in the meantime. Each version you accept is recorded against your account with the date.
17. Contact
Questions about these terms: legal@borrowly.local