Terms of Service

These Terms of Service (“Terms”) are a binding agreement between Gearify, Inc. (“Gearify,” “we,” “us,” or “our”) and each user (“you”). By accessing or using the Gearify website, mobile app, and related services (the “Platform”), you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Platform.

1) What Gearify Is (and Isn’t)

Marketplace only. Gearify operates an online marketplace that connects owners/listers of equipment (“Listers”) with renters (“Renters”) (together, “Users”). Gearify does not own, manufacture, store, or inspect the items listed, does not provide insurance, and is not a party to rental agreements between Users, except where we expressly say otherwise in writing.

No professional advice. Content on the Platform is informational only. You are responsible for evaluating listings and counterparties.

2) Eligibility & Access Restrictions

You must be 18+ (or the age of majority in your jurisdiction) and able to enter a binding contract. We may require ID verification and other KYC/AML checks.

Access may be restricted by age, location, sanctions/embargoes, failed verifications, background/safety checks (e.g., driving or operator license where a category of equipment legally requires it), unpaid fees, or prior policy breaches.

You may use the Platform only where lawful. Some items or activities may be prohibited or restricted in your area.

One account per person; keep credentials secure; you’re responsible for activity on your account.

3) Listings & Listing Fields

By publishing a listing, a Lister represents and warrants that:

Required fields are complete and accurate: title; clear photos of the actual item; detailed description and condition (including defects/wear); category; model and, where helpful, serial or unique ID; rental price and currency; security deposit amount; pickup/return instructions; available dates; location (approximate or precise as applicable); and applicable cancellation policy chosen from Gearify options.

Compliance fields when applicable: safety certifications, age/permit/license requirements, consumables/accessories included, insurance options/requirements, and any use restrictions (e.g., “no saltwater use,” “no snow parks,” “no commercial use”).

The item is owned or the Lister has full authority to rent it; it is in safe, clean, and working condition; and it complies with laws and standards (e.g., electrical safety, product safety recalls).

No counterfeit, stolen, hazardous, or otherwise prohibited items. We may remove or suspend listings at any time.

4) Booking, Deposits, and Payments

Booking: A booking occurs when a Renter submits a request and the Lister accepts (or where instant booking is enabled), and the payment authorization/charge is successfully created.

Payments & Payouts: Payments are processed by our third-party processor (e.g., Stripe). By using the Platform you agree to Stripe’s Services Agreement and Stripe Connect terms. Gearify may hold funds in escrow-like flows via the processor but does not itself provide escrow.

Security deposits: Where a listing or category requires a deposit, we may place an authorization hold (not a charge) on the Renter’s payment method before start. If damage, loss, late return, cleaning, or other charges apply under these Terms or the listing policy, the deposit (or a portion) may be captured; otherwise, the hold is released per the timelines below.

Taxes: Prices may exclude or include taxes depending on jurisdiction. Gearify may calculate, collect, and remit certain sales/VAT/GST or rental-specific taxes when legally required, but Listers are ultimately responsible for their own tax reporting and remittance (including income taxes, VAT/GST, and any local rental taxes). We may issue forms such as 1099-K in the U.S. where required.

5) Service Fees

Gearify may charge any of the following, each disclosed at checkout:

Renter service fee: a percentage or fixed amount added to the rental subtotal.

Lister service fee: a percentage deducted from payouts.

Insurance premium/fee (if selected/available): shown as a separate line item.

Payment/currency fees: for cross-border or currency conversion.

Late, cleaning, overage, or damage fees: as set out in these Terms and listing policies.

Example (for clarity only; actual rates shown at checkout): Platform fee, 15% of rental subtotal; optional insurance around 5–10% of the subtotal; processor and currency fees vary.

6) Cancellations, No-Shows & Refund Policy

Cancellation policy is set by the Lister (chosen from Gearify’s policy options) and is shown on the listing and at checkout. That policy governs the Renter’s refund of rental charges for voluntary cancellations and no-shows. All bookings are fully refundable within the first hour after the booking request is made, regardless of the cancellation policy. If the pick up time is within 1 hour, then the booking is non-refundable.

Service fees and processing fees may be non-refundable unless required by law or our Support determines otherwise in a case-by-case goodwill adjustment.

Force Majeure: If a booking cannot proceed due to events beyond the parties’ reasonable control (e.g., natural disaster, government order), we may facilitate refunds or credits consistent with law and the selected policy.

Deposit on cancellations: If a booking is canceled before pickup, the deposit is not captured and any authorization hold is released (timing depends on the card network and bank). If Renter cancels the booking after 1 hour grace period from the request time, the platform fee is non-refundable and will be collected regardless of the cancellation policy.

7) Use, Care, Returns & Overages

Renter duties: Use the item only as intended, follow manuals and safety rules, keep it secure, and return it on time and in the same condition (normal wear excepted). Notify the Lister immediately of any issue, loss, theft, or damage.

Late return & overages: Listers may specify hourly/daily overage fees. We may charge the Renter’s payment method for late fees, extra days, cleaning, missing accessories, or other amounts under these Terms or the listing rules.

Prohibited uses: No illegal use, sub-rental, reverse engineering, tampering, or unsafe operation. Specialized gear (e.g., drones) may require local permits or certifications—you must comply.

8) Damage, Loss, Claims & Deposits

Condition disputes: Take timestamped photos/videos at pickup and return.

Claims window. Listers generally have 72 hours after return to open a claim for damage/loss and provide evidence. Renters must respond promptly and cooperate.

Deposits: If a claim is opened, we may capture the deposit (in whole or part) or extend/re-authorize the hold pending resolution. If no claim is filed within the window, we release the hold.

Theft: Lister or Owner must report to Gearify, and file a police report where required, within 72 hours after the drop off time. Upon verification of a valid report and reasonable evidence, we may capture and disburse the deposit consistent with these Terms and applicable law while the investigation proceeds.

Insurance: If optional insurance is offered via a third party, coverage is governed solely by the insurer’s policy. Gearify is not an insurer.

9) Payout Schedule

Unless otherwise shown at checkout or required by law, Lister payouts are released approximately 24 hours after confirmed return/drop-off (net of fees, adjustments, and holds), subject to processor clearance, fraud checks, and bank timelines.

10) Country-Specific Regulation Compliance

Gearify operates internationally, but local rules vary:

United States: Marketplace facilitator rules, state/local sales and rental taxes, consumer protection and unfair practices laws, and e-commerce disclosure rules may apply. Identity verification and reporting (e.g., 1099-K thresholds) may be required. Certain categories (e.g., drones) have FAA rules; certain sports equipment has safety standards.

European Union/UK: Consumer rights laws (e.g., right of withdrawal may not apply to time-specific rentals), VAT rules (including OSS/IOSS where applicable), product safety and CE/UKCA compliance (for Listers), and platform transparency obligations under the P2B Regulation/DMA may apply.

Canada/Australia/NZ & others: GST/HST/VAT and consumer protections may apply to rentals and platform services.

Sanctions/export: You may not use the Platform in or for transactions with sanctioned persons, entities, goods, or jurisdictions.

Your responsibility: Laws differ by country, state, and city. Contact your tax authority or local legal services to understand obligations and update your listing and policies accordingly. Where mandatory local consumer rights apply, those rights prevail over inconsistent Terms.

11) Industry-Specific Compliance

Depending on the gear category, additional rules may apply (examples):

Drones & imaging: airspace rules, registration, and operator licensing.

Biking/skiing/surfing/hiking/camping/fishing/golf: local land, trail, water, or park permits; safety equipment requirements; fishing licenses and size/season rules.

E-mobility/powered tools: age/license restrictions, helmet laws, local road/use rules. Listers and Renters must ensure lawful, safe use. Some gear may be ineligible for listing if it cannot be rented safely or lawfully.

12) User Conduct; Reviews & Content

Be respectful; no harassment, discrimination, or fraud.

Reviews must be honest and based on real experiences; we may moderate.

By posting content, you grant Gearify a non-exclusive, worldwide, royalty-free license to use, reproduce, and display it for operating and promoting the Platform.

13) Intellectual Property & Takedowns

All Gearify IP is protected. Don’t scrape, reverse engineer, or misuse our services.

For copyright complaints (DMCA), contact: [[email protected] ] with required notices.

14) Privacy & Data

See our Privacy Policy for how we collect, use, and share data. You consent to communications, including transactional messages and security alerts.

15) Third-Party Services

Stripe and any insurance provider are third parties. Their terms and privacy policies govern your use of their services.

16) Suspension & Termination

We may suspend or terminate accounts or listings for policy violations, risk, chargebacks, illegal items/uses, or nonpayment. Theft or false theft claims could also result in suspension or termination of the account on a case by case basis, pending judgment of our internal teams. You may close your account at any time; certain provisions survive (fees due, IP grants, disclaimers, limitations, dispute terms).

17) Disclaimers; Limitation of Liability

The Platform and listings are provided “as is.” Gearify disclaims warranties of merchantability, fitness, and non-infringement to the fullest extent permitted by law.

To the maximum extent permitted, Gearify is not liable for indirect, incidental, consequential, special, or punitive damages, or for lost profits, lost data, personal injury, property damage, or unauthorized access to your account.

Our total liability for any claim is limited to the greater of: (a) US$100, or (b) the fees you paid to Gearify for the transaction giving rise to the claim in the 3 months before the event.

Some jurisdictions do not allow certain limitations; your mandatory rights remain.

18) Indemnification

You agree to defend, indemnify, and hold harmless Gearify and its officers, directors, employees, and agents from claims arising out of: (i) your use of the Platform or gear; (ii) breach of these Terms; (iii) violation of law or third-party rights; or (iv) your listings or content.

19) Disputes; Governing Law; Arbitration

Informal resolution: Contact Support first; we aim to resolve quickly.

Governing law: These Terms are governed by the laws of the State of California, USA, without regard to conflicts rules, except that mandatory consumer laws of your country of residence may apply if required.

Arbitration & waiver (US users): Any dispute with Gearify will be resolved by binding arbitration (AAA, single arbitrator, English, Santa Clara County, California), and no class actions or jury trials. You may opt out within 30 days of account creation by emailing [email protected] . This section does not limit claims you may bring in small-claims court where appropriate.

Non-US users: If arbitration is unenforceable where you live, disputes may be brought in the courts of your residence to the extent required by mandatory law.

20) Changes to the Terms

We may update these Terms from time to time. If we make material changes, we’ll post the new Terms and update the “Last updated” date. Changes apply prospectively. Your continued use after changes means you accept them.

21) Contact

Questions? [email protected]