Terms of Service

These Terms of Service (the "Terms") are a binding agreement between you and ZenRentIt LLC ("ToolBuddy", "we", "us"). By creating an account, listing an item, booking an item, or otherwise using the site, you agree to these Terms. If you do not agree, do not use the service.

1. The marketplace

ToolBuddy is an online venue where members offer their own equipment for rent to other members. We are not a party to any rental. The rental agreement is formed directly between the member offering the item (the "Lender") and the member renting it (the "Renter").

We are not, and do not act as, any of the following:

• the owner, seller, lessor, bailee or custodian of any item listed;
• an agent, employee, partner or representative of any member;
• an insurer, warranty provider or guarantor of any transaction;
• an inspector, tester, servicer or certifier of any equipment.

We do not possess, examine, transport, maintain or verify any item. Listings are created by members, and we do not independently confirm that any description, photograph, price, condition, provenance, safety status or legal status is accurate.

2. Eligibility and accounts

You must be at least 18 years old and legally able to enter contracts. You must provide accurate information and keep it current. You are responsible for everything that happens under your account, including by anyone you allow to use it.

You may not create an account on behalf of another person without authority, hold more than one account without our permission, or use an account after we have suspended it.

3. If you list stuff

By listing an item you represent and warrant, each time it is booked, that:

• you own the item outright, or have the legal right to rent it out;
• the listing is accurate, including condition, faults, accessories and any wear;
• the item is in safe working order for its ordinary intended use;
• you have disclosed any defect, modification or restriction that a reasonable person would want to know about;
• renting the item does not breach any law, licence, lease, insurance policy or finance agreement that applies to you;
• you hold any insurance you are required to hold, and have confirmed that renting the item out does not void it.

You set your own rates, deposit and rental length. You are responsible for the tax treatment of your earnings. We are not your employer, partner or agent.

4. If you rent stuff

By booking an item you agree that:

• you will inspect it on collection and raise any problem before you take it away;
• you are competent to operate it safely, and will use appropriate protective equipment;
• you will use it only for its ordinary intended purpose, and only within any limits the Lender states;
• you will not lend, sub-let, modify, dismantle or take it out of the country;
• you will return it on time, in the condition you received it, ordinary wear excepted;
• you are responsible for loss, theft or damage while the item is in your possession, up to its replacement value.

Your responsibility is not limited to the deposit. A deposit is a partial security, not a cap on what you may owe the Lender.

5. Prohibited items and conduct

You may not list, rent or use the service in connection with:

• firearms, ammunition, explosives, or weapons of any kind;
• vehicles requiring registration or a driving licence, aircraft, or watercraft with motors;
• medical, life-support, diving or climbing life-safety equipment;
• items that are stolen, counterfeit, recalled, or unlawful to possess or rent where you are;
• anything requiring a licence you do not hold.

You may not take payment or arrange rentals off-platform, harass or discriminate against other members, misrepresent your identity, scrape or reverse engineer the service, or attempt to circumvent our fees. Taking a transaction off-platform removes every protection described in these Terms, including the resolution process below.

6. Fees, payments and payouts

Renters pay the rental amount, a service fee, and any deposit at the time of booking. Payments are processed by Stripe; we do not store card numbers. Your use of payment processing is also subject to Stripe's terms.

We hold rental funds until the rental period ends and the item is returned, then release the rental amount to the Lender, less any amounts properly claimed under the process below. Payout timing depends on Stripe and your bank. Our service fee is earned when a booking is confirmed and is non-refundable except where we say otherwise or the law requires it.

We may change our fees at any time. Changes do not apply to bookings already confirmed.

7. Security deposits

A Lender may require a refundable deposit. It is held and released to the Renter after the return, unless a claim is made under section 8 within the window described there.

A deposit is not insurance and does not represent the maximum a Renter may owe. Where damage exceeds the deposit, the Lender's remedy is against the Renter directly.

8. Damage claims and the resolution process

Where a Lender believes an item was returned damaged, incomplete, or was not returned at all, the following process applies. It exists so that deposits are decided consistently rather than by whoever complains loudest.

Step 1 — Report it promptly

The Lender must report the issue through the service within 24 hours of the scheduled return, and before the item is rented to anyone else. Reports made after that window, or after the item has been re-rented, will normally be refused — by then the condition cannot fairly be attributed.

Step 2 — Try to resolve it directly

Both members should attempt to agree an outcome in the message thread within 3 days. Most cases end here. If the Renter agrees to a deduction, we will apply it to the deposit.

Step 3 — Ask us to decide

If no agreement is reached, either member may escalate to us. Both sides then have 7 days to submit evidence, which may include:

• photographs or video from before and after the rental, with timestamps;
• the listing description and any messages about condition;
• a repair estimate or receipt from an independent third party;
• proof of the item's value, such as a purchase receipt.

Step 4 — Our determination

We will review what has been submitted and decide how the deposit is applied. We will generally not allow a claim for ordinary wear, pre-existing damage visible in the listing photographs, consumables, or an amount unsupported by evidence.

We may, at our sole discretion and without accepting liability, issue a goodwill credit or refund. Doing so once creates no obligation to do so again.

9. Cancellations and no-shows

A Renter may cancel before the rental starts, subject to the cancellation terms shown at booking. A Lender who cancels a confirmed booking, or fails to make the item available, may have the booking refunded in full to the Renter and may have their listings suspended for repeated cancellations.

10. Assumption of risk

You are solely responsible for deciding whether you are competent to operate an item, whether it is suitable for your purpose, and whether it is safe to use. To the fullest extent permitted by law, you release ToolBuddy from claims arising out of your use of, or inability to use, any item obtained through the service, and from the acts or omissions of any other member.

11. Disclaimers

To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, title, quiet enjoyment and non-infringement. We do not warrant that the service will be uninterrupted or error-free, that any listing is accurate, that any item is safe or functional, or that any member is who they claim to be. Any identity check, review or badge is a limited signal, not a guarantee.

12. Limitation of liability

We are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost data, loss of use, personal injury, property damage, or the cost of substitute goods or services — whether based in contract, tort, negligence, strict liability or otherwise, and whether or not we were advised of the possibility.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for personal injury, death, fraud or gross negligence. Where that is the case, these limits apply only to the extent permitted, and nothing here excludes liability that cannot lawfully be excluded.

13. Indemnification

You will indemnify, defend and hold harmless ZenRentIt LLC and its officers, directors, employees and agents from any claim, demand, loss, liability, damage, penalty, cost or expense (including reasonable legal fees) arising out of or relating to: your use of the service; any item you list, rent or operate; your breach of these Terms; your violation of any law or third-party right; any dispute between you and another member; or any content you submit. We may assume the exclusive defense of any matter subject to indemnification, and you will cooperate with us.

14. Your content

You keep ownership of the photographs, descriptions, messages and reviews you submit. You grant us a worldwide, non-exclusive, royalty-free, sublicensable licence to host, store, reproduce, adapt and display that content for the purpose of operating and promoting the service. This licence survives deletion of your account to the extent needed for backups, records and legal compliance.

You represent that you have the rights to everything you upload, and that it does not infringe anyone else's rights. We may remove content at our discretion.

15. Suspension and termination

You may close your account at any time. We may suspend or terminate your access at any time, with or without notice, including where we reasonably believe you have breached these Terms, created risk or legal exposure, or engaged in fraud. Sections that by their nature should survive termination — including sections 8, and 10 to 17 — do survive.

16. Disputes with us — arbitration and class action waiver

Before starting arbitration, you agree to contact us at legal@zenrentit.com and attempt to resolve the dispute informally for at least 30 days.

If that fails, any dispute arising out of or relating to these Terms or the service will be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, before a single arbitrator, seated in [County], Texas. Judgment on the award may be entered in any court of competent jurisdiction.

You and we each waive the right to a jury trial and to bring or participate in a class, collective or representative action. The arbitrator may not consolidate claims or preside over any form of representative proceeding. If this waiver is found unenforceable as to a particular claim, that claim — and only that claim — must proceed in court.

Either party may bring an individual claim in small claims court instead, and either party may seek injunctive relief in court to protect intellectual property. You may opt out of this arbitration agreement by emailing legal@zenrentit.com within 30 days of first accepting these Terms, stating your name and that you are opting out. Opting out affects nothing else in these Terms.

17. General terms

These Terms are governed by the laws of the State of Texas, without regard to conflict of law rules. Where arbitration does not apply, the courts of [County], Texas have exclusive jurisdiction.

If any provision is held unenforceable, it is severed and the rest remains in force. Our failure to enforce a provision is not a waiver. You may not assign these Terms; we may assign them in connection with a merger, acquisition or sale of assets.

We may update these Terms. Where a change is material we will give notice through the service or by email before it takes effect. Continuing to use the service after that means you accept the updated Terms.

Questions: legal@zenrentit.com. ZenRentIt LLC, [Registered address], Texas, United States.