1. Introduction
1.1 Welcome to Friend Lend, a peer-to-peer marketplace that enables users to list and rent various items, including homes, vehicles, boats, and other goods. These Terms of Service (“Terms”) govern your access to and use of the Friend Lend platform, including our website, mobile applications, and any associated services (collectively, the “Platform”). By accessing or using the Platform, you agree to comply with and be bound by these Terms. These Terms form a legally binding agreement between you and Friend Lend (referred to as “we,” “us,” or “our”). If you do not agree to these Terms, you may not use the Platform. Our Platform connects Lenders (users who list items for rent) and Borrowers (users who rent items) in a marketplace where transactions can occur for a wide variety of goods. While we facilitate these transactions, Friend Lend does not own, rent, or manage any of the items listed. Instead, all transactions are conducted directly between the Lender and the Borrower. We simply provide the Platform that enables these connections and provide certain support services, such as payment processing and, where applicable, insurance services. Before using the Platform, please carefully read these Terms, as well as our Privacy Policy and other policies referenced herein. These Terms apply to all users of the Platform, including both Lenders and Borrowers, and govern your rights, obligations, and use of Friend Lend.
2. Scope of Friend Lend Services
2.1 The Friend Lend Platform is an online marketplace that allows registered users (“Members”) to list and rent a wide variety of items, including homes, vehicles, boats, electronics, tools, and other personal goods (collectively, “Items”). Members who offer Items for rent are referred to as Lenders, and those who rent Items are referred to as Borrowers. The Friend Lend Platform facilitates communication and transactions between Lenders and Borrowers directly (“Listings”). 2.2 As the provider of the Friend Lend Platform, Friend Lend does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Items. The Lenders are solely responsible for their Listings and the Items offered. When Members make or accept a rental agreement, they are entering into a contract directly with each other. Friend Lend is not and does not become a party to or participant in any contractual relationship between Lenders and Borrowers, nor is Friend Lend acting as an agent in any capacity for any Member. Friend Lend does not broker, insure, or guarantee any part of the transaction between Lenders and Borrowers, except as specified in the Payments Terms. 2.3 While Friend Lend may facilitate the resolution of disputes between Members, we have no control over, and do not guarantee, (i) the existence, quality, safety, suitability, or legality of any Listings or Items, (ii) the accuracy or truth of any Listings, reviews, or other Member-generated content, or (iii) the performance or conduct of any Member or third party. Friend Lend does not endorse any Member, Listing, or Item. Any reference to a Member being “verified” (or similar language) only indicates that the Member has completed a verification process and nothing more. Such verification is not an endorsement or guarantee of any Member's identity, trustworthiness, safety, or suitability. You should exercise due diligence and caution when renting an Item, listing an Item for rent, or interacting with other Members, whether online or in person. 2.4 If you choose to use the Friend Lend Platform as a Lender, your relationship with Friend Lend is that of an independent, third-party contractor, not an employee, agent, joint venturer, or partner of Friend Lend for any reason. You act solely on your own behalf and for your own benefit, and not on behalf of Friend Lend. Friend Lend does not control or direct your actions, including how you list or rent out Items through the platform, and you have full discretion to engage in other business activities. 2.5 To promote the Friend Lend Platform and increase the exposure of Listings, we may display Listings and other Member-generated content on other websites, applications, emails, or in advertisements. Friend Lend may also translate Listings and content into other languages to assist Members in different regions. However, we cannot guarantee the accuracy or quality of these translations, and Members are responsible for verifying the accuracy of translated content. 2.6 The Friend Lend Platform may contain links to third-party websites or services (“Third-Party Services”), which may be subject to different terms and privacy practices. Friend Lend is not responsible for the availability, accuracy, or content of these Third-Party Services, nor does it endorse or guarantee any of the products or services offered by such Third-Party Services. 2.7 Due to the nature of the Internet and online services, Friend Lend cannot guarantee uninterrupted access or continuous availability of the Platform. We may restrict access to certain areas or features of the Platform for maintenance, security, or other operational reasons. We reserve the right to enhance, modify, or introduce new services or features to the Friend Lend Platform over time.
3. Acceptance of Terms
3.1 By accessing or using the Friend Lend Platform (including the website, mobile applications, and any associated services), you agree to comply with and be bound by these Terms of Service (“Terms”). These Terms govern your access to and use of the Friend Lend Platform and establish a legally binding agreement between you and Friend Lend. 3.2 You must be at least 18 years of age and have the legal capacity to enter into contracts to use the Friend Lend Platform. By accessing or using the Platform, you represent and warrant that you meet these eligibility requirements. If you do not meet these requirements, you are not authorized to use the Platform. 3.3 If you are accessing or using the Platform on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and in that case, “you” and “your” will refer to that entity. 3.4 Friend Lend reserves the right to modify or update these Terms at any time. We will provide you with notice of any material changes, either by email, in-app notifications, or through updates posted on the Platform. Your continued use of the Platform following such modifications will constitute your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Platform. 3.5 By agreeing to these Terms, you also agree to comply with any additional policies or guidelines that may be posted on the Platform, including but not limited to the Privacy Policy, Payment Terms, and any other supplemental terms or conditions specific to certain services or features offered by Friend Lend.
4. Modification of Terms
4.1 Friend Lend reserves the right to modify, amend, or update these Terms of Service at any time, at our sole discretion. We will notify you of any material changes to the Terms by posting the updated Terms on the Friend Lend Platform or by providing notice through other means, such as email or in-app notifications. 4.2 The updated Terms will be effective as of the date of posting, unless otherwise specified. Your continued use of the Platform after the changes take effect constitutes your acceptance of the modified Terms. If you do not agree to the updated Terms, you must discontinue your use of the Platform immediately. 4.3 Non-material changes (such as typographical corrections or adjustments that do not significantly impact your rights or obligations) may be made without prior notification. It is your responsibility to review the Terms regularly to stay informed of any changes.
5. Eligibility
5.1 To access and use the Friend Lend Platform, you must be at least 18 years of age and have the legal capacity to enter into binding contracts. By registering for an account or using the Platform, you represent and warrant that you meet these eligibility requirements. 5.2 The Friend Lend Platform is available only to individuals and entities who can form legally binding contracts under applicable law. If you are registering on behalf of a business or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms of Service and all references to "you" and "your" throughout these Terms will apply to both you and the entity. 5.3 You are not eligible to use the Friend Lend Platform if: You have been previously banned, suspended, or otherwise prohibited from using the Platform; You are under the age of 18; Your account has been suspended or terminated due to violation of these Terms or other policies; or Your use of the Platform would violate any applicable law, rule, or regulation. 5.4 Friend Lend may, at its sole discretion, deny access to or terminate your account if it believes you do not meet the eligibility requirements. Friend Lend reserves the right to request proof of identity, legal capacity, and any other information it deems necessary to verify your eligibility. 5.5 By using the Platform, you represent and warrant that your access to the Platform and participation in transactions through Friend Lend are compliant with all applicable laws, rules, and regulations.
6. User Account Registration
6.1 To access and use certain features of the Friend Lend Platform, including listing or renting items, you must create an account ("Account"). Registration requires you to provide accurate, current, and complete information during the account creation process, including a valid email address, phone number, and any other information requested by Friend Lend. You agree to update your account information as necessary to keep it accurate, complete, and up-to-date. 6.2 You are responsible for maintaining the confidentiality of your Account credentials and are solely responsible for any activities that occur under your Account. You must not share your account details or allow others to access or use your Account. If you suspect that your account has been compromised or accessed without authorization, you must notify Friend Lend immediately. 6.3 Friend Lend reserves the right to suspend or terminate your Account if it suspects any unauthorized use, fraudulent activity, or violation of these Terms of Service. You may be held liable for any losses or damages incurred by Friend Lend or any third parties due to unauthorized use of your Account. 6.4 You may only create one Account unless otherwise authorized by Friend Lend. Multiple accounts per individual or entity, as well as accounts created under false pretenses, are prohibited and may result in suspension or termination of all associated accounts. 6.5 Account Verification: Friend Lend may require you to complete an identity verification process as part of the account registration or item listing process. This may involve providing identification documents, completing a background check, or other methods of identity verification. By registering for an account, you agree to comply with any such requests from Friend Lend to verify your identity or eligibility. 6.6 By creating an Account, you agree to receive communications from Friend Lend regarding the operation of the Platform, including notifications about your Account, transaction confirmations, updates to the Terms of Service, and other important information. You may manage your communication preferences, but certain essential notifications may be required for the continued use of the Platform.
7. Listing and Renting Items
7.1 Listing Items as a Lender As a Lender, you may create and post Listings for items you own or have the legal right to rent out on the Friend Lend Platform. When creating a Listing, you must provide accurate, current, and complete information about the item, including a detailed description, availability, pricing, and any relevant terms or conditions for renting the item. You are solely responsible for the accuracy and content of your Listing, including ensuring that the item is in good condition, safe to use, and compliant with any applicable laws and regulations. Prohibited Items: You must not list items that are illegal, hazardous, or prohibited by Friend Lend policies. Friend Lend reserves the right to remove Listings that violate these Terms or other policies, at its sole discretion. Availability: By listing an item, you are making a commitment to make the item available for rent during the timeframes specified in your Listing. If your item becomes unavailable for any reason, you must promptly update or cancel the Listing. 7.2 Renting Items as a Borrower As a Borrower, when you agree to rent an item from a Lender, you are entering into a binding agreement to comply with the terms and conditions outlined in the Listing. You are responsible for reviewing all details of the item and agreeing to the specified rental period, price, and any other terms before proceeding with the transaction. Use of Items: You agree to use the rented item responsibly and in accordance with any instructions or limitations set forth by the Lender. You are responsible for the care of the item during the rental period and must return the item in the same condition as when you received it, aside from normal wear and tear. Damage or Loss: If an item is damaged, lost, or stolen during your rental period, you must notify the Lender and Friend Lend immediately. Depending on the nature of the damage or loss, you may be held responsible for repair costs, replacement, or other compensation, as outlined in the Lender’s terms and Friend Lend’s policies. 7.3 Pricing and Payment Lenders set the price for each item in their Listing. Friend Lend may charge a service fee on transactions conducted through the Platform. The total amount payable by a Borrower will include the item’s rental price plus any applicable service fees and taxes. All payments are processed securely through the Friend Lend payment system. Borrowers must provide valid payment information, and payments will be charged upon confirmation of the rental agreement. Lenders will receive payment for rentals after the rental period has commenced, subject to Friend Lend’s payment processing schedule. 7.4 Cancellations and Refunds Lenders and Borrowers may cancel a rental transaction in accordance with the Cancellation Policy outlined on the Friend Lend Platform. The eligibility for refunds and any applicable penalties for cancellations will depend on the timing and specific terms of the cancellation. Friend Lend reserves the right to mediate disputes between Lenders and Borrowers regarding cancellations, refunds, and other rental-related issues. However, Friend Lend is not a party to any contract between the Lender and Borrower and will not be held liable for such disputes. 7.5 Compliance with Laws Lenders and Borrowers are responsible for ensuring that their Listings and rental transactions comply with all applicable laws, including local, state, and national regulations governing the renting of items. This includes, but is not limited to, any legal requirements for renting vehicles, homes, or other specialized items. Lenders are responsible for any required licenses, permits, or insurance necessary for renting out certain types of items, such as vehicles or real estate. Friend Lend is not responsible for verifying the legal compliance of individual Listings or items. 7.6 Item Condition and Returns Lenders are required to ensure that the items they list are in good working order and safe for use. Borrowers are responsible for inspecting items at the time of pickup or delivery to ensure they match the description in the Listing. Borrowers must return rented items in the same condition in which they were received, aside from normal wear and tear. Lenders may charge Borrowers for any damage or loss that occurs during the rental period, subject to the terms of the rental agreement and Friend Lend’s policies. 7.7 Dispute Resolution In the event of a dispute between Lenders and Borrowers regarding the condition of an item, the return of an item, or other rental-related issues, Friend Lend may provide support to facilitate a resolution. However, Friend Lend does not guarantee the resolution of disputes and is not liable for any damages arising from such disputes. Both Lenders and Borrowers are encouraged to maintain clear communication and documentation regarding their transactions to prevent or resolve any misunderstandings.
8. Prohibited Items and Activities
8.1 Prohibited Items You are not allowed to list, rent, or offer for rent any of the following items on the Friend Lend Platform: Illegal or Stolen Goods: Any items that are illegal under local, state, national, or international laws, including but not limited to drugs, firearms, explosives, and counterfeit goods. Hazardous Materials: Items containing hazardous materials or substances that could pose a threat to health, safety, or the environment, such as toxic chemicals, radioactive materials, or biological agents. Items Subject to Recalls: Any items that have been subject to a manufacturer or government recall due to safety issues. Personal Identification Documents: You cannot list government-issued identification documents (e.g., passports, driver’s licenses), credit cards, or other personal data or documents. Prohibited Vehicles and Equipment: Certain vehicles or machinery that may require specialized licenses or permits to operate, such as aircraft or unlicensed watercraft, unless you are compliant with applicable legal requirements. Endangered Species or Protected Wildlife: Any products or items made from protected animals, plants, or other endangered species. Human Remains or Body Parts: Any listings involving human remains, body parts, or items made from such remains. Prescription Drugs and Medical Devices: Any prescription medications or medical devices that are subject to government regulations and require special handling or licensing. 8.2 Prohibited Activities Illegal or Unlawful Activities: You may not use the Friend Lend Platform to engage in or promote any illegal activities or transactions, including but not limited to the sale, possession, or distribution of illegal goods, money laundering, or fraudulent activities. Fraudulent Listings: You may not create false or misleading listings, including listings for items you do not own or have the right to rent, or provide deceptive or inaccurate descriptions of items. Misuse of Rented Items: Borrowers may not misuse, modify, or damage rented items beyond normal wear and tear. Any misuse of rented items that results in damage, injury, or illegal activity is prohibited. Inappropriate or Offensive Content: You may not post any content in your listings or communications that is inappropriate, offensive, obscene, defamatory, or otherwise violates the rights of others. Circumventing the Platform: You may not attempt to circumvent the Friend Lend Platform by completing transactions outside the Platform or soliciting other users to transact off-platform. All payments and agreements related to rentals must go through the Friend Lend system. Violations of Privacy: You may not engage in any activities that violate the privacy of other users, including but not limited to unauthorized recording, tracking, or sharing of personal information or activities during a rental. Hacking or Interfering with the Platform: You may not attempt to hack, disable, overburden, or interfere with the proper functioning of the Friend Lend Platform. This includes engaging in activities like scraping data, using automated bots, or spreading malware or viruses. Abuse or Harassment: You may not use the Friend Lend Platform to harass, threaten, or abuse other users, either through the Platform’s messaging system or in person during rental transactions. False Claims and Disputes: You are prohibited from making false claims about the condition of an item or the conduct of a Lender or Borrower in order to gain financial or other benefits. 8.3 Enforcement of Prohibited Items and Activities Friend Lend reserves the right to remove any Listing or suspend or terminate any user account that violates these Prohibited Items and Activities provisions, at our sole discretion and without prior notice. Friend Lend may also report any illegal activities or violations of these Terms to law enforcement authorities or take legal action if necessary. 8.4 User Reporting If you become aware of any prohibited items or activities taking place on the Friend Lend Platform, you are encouraged to report such violations immediately to Friend Lend. We will investigate and take appropriate action as necessary.
9. Pricing, Payments, and Fees
9.1 Setting Prices As a Lender, you are solely responsible for setting the price of each item you list on the Friend Lend Platform. Prices must be in accordance with all applicable laws and regulations and must be stated clearly in your Listing. You are encouraged to provide transparent and competitive pricing for your items. Friend Lend does not control or influence the prices set by Lenders but may offer guidelines to ensure fair pricing. Prices may include the base rental price and any additional fees the Lender chooses to charge, such as delivery fees, late return fees, or cleaning fees for certain items. 9.2 Service Fees Friend Lend may charge a service fee for transactions conducted on the Platform. These service fees help cover the costs of maintaining the platform, processing payments, providing customer support, and other operational expenses. The amount and structure of the service fee will be communicated to both Lenders and Borrowers before the completion of a transaction. The service fee is automatically added to the total amount payable by the Borrower and is deducted from the payment made to the Lender. Friend Lend reserves the right to adjust its service fee rates from time to time, with prior notice provided to users. 9.3 Taxes Lenders are solely responsible for determining and fulfilling their obligations under applicable tax laws regarding the rental income earned through the Platform, including any sales tax, value-added tax (VAT), or similar taxes. Friend Lend may, in certain jurisdictions, collect and remit taxes on behalf of Lenders where required by law. In such cases, the taxes will be calculated and displayed to both the Lender and Borrower at checkout. Friend Lend will provide tax-related documentation or receipts where required, but it is the Lender’s responsibility to ensure compliance with tax obligations in their respective jurisdictions. 9.4 Payment Processing Friend Lend facilitates payment transactions between Lenders and Borrowers through a third-party payment processor. By using the Platform, you agree to be bound by the terms and conditions of the payment processor, which may include separate fees and obligations. Payment methods accepted on the Platform include credit cards, debit cards, and other methods as offered by the payment processor. Borrowers must provide valid payment information at the time of booking, and the total payment (including rental price, service fees, and taxes) will be charged when the Lender confirms the rental. Failure to provide valid payment information or successfully process payment will result in the cancellation of the transaction. 9.5 Disbursement to Lenders Lenders will receive payments for their rentals through the Friend Lend payment system after the rental period has commenced and the item has been successfully handed over to the Borrower. Payments will typically be disbursed within a certain period following the start of the rental, subject to processing times by the payment processor. Friend Lend reserves the right to delay or withhold payments if there are disputes, issues with the rental, or suspicion of fraudulent activity. In such cases, the Lender will be notified, and the issue will be investigated. 9.6 Cancellations, Refunds, and Disputes Cancellation by Lenders: Lenders may cancel a rental before the rental period begins, subject to any cancellation policies communicated to Borrowers at the time of booking. Repeated cancellations by a Lender may result in penalties or account suspension. Cancellation by Borrowers: Borrowers may cancel a rental according to the Cancellation Policy outlined on the Platform. Refunds will depend on the timing of the cancellation and the Lender’s specific terms. Any applicable service fees may be non-refundable. Refunds: In the event of a cancellation or other refund-eligible situation, Friend Lend will process refunds to the Borrower within a reasonable time frame, subject to processing times by the payment provider. Service fees may not be refunded depending on the specific circumstances of the cancellation. Disputes: In the event of a dispute between a Lender and a Borrower (e.g., item condition, late returns, damage), Friend Lend may facilitate communication and resolution between the parties. However, Friend Lend is not responsible for resolving disputes directly and does not guarantee refunds or compensation for disputes unless otherwise stated in the Terms. 9.7 Late Fees and Penalties Lenders may impose additional fees for late returns, damage, or misuse of rented items, as specified in the Listing. Borrowers are responsible for adhering to the terms and conditions of the rental and may be charged for failing to comply. Friend Lend reserves the right to enforce or collect penalties related to late returns or damages, and these penalties may be deducted from any amounts due to the Borrower’s payment method. 9.8 Currency All transactions on the Friend Lend Platform are processed in the currency selected at the time of booking. Currency conversion fees or exchange rate fluctuations may apply if the Lender and Borrower are located in different regions. Friend Lend is not responsible for any fees or losses resulting from currency exchange or payment conversion.
10. Taxes
10.1 Lender Responsibility for Taxes As a Lender, you are solely responsible for understanding and fulfilling your obligations under any applicable tax laws related to your use of the Friend Lend Platform. This includes, but is not limited to, income tax, sales tax, value-added tax (VAT), or other similar taxes applicable to the rental income you earn through the Platform. Friend Lend does not provide tax advice, and it is your responsibility to ensure compliance with all applicable tax laws, including the accurate reporting and payment of taxes owed to the relevant tax authorities. You should consult with a tax professional if you are unsure of your tax obligations related to the rental of your items on Friend Lend. 10.2 Tax Collection and Remittance In certain jurisdictions, Friend Lend may be required by law to collect and remit taxes on behalf of Lenders, such as sales tax or value-added tax (VAT). When such tax collection applies, the taxes will be calculated based on the rental price and displayed to both the Lender and Borrower during the transaction process. If Friend Lend is required to collect and remit taxes on behalf of a Lender, these taxes will be deducted from the rental payments made to the Lender. Friend Lend will handle the remittance of these taxes to the appropriate tax authorities. You will be notified if your jurisdiction requires this, and the details of the tax amounts will be available in your transaction history or account records. 10.3 Borrower Taxes As a Borrower, you may be required to pay certain taxes on the items you rent through the Platform, depending on the laws of your jurisdiction and the location of the Lender. These taxes will be included in the total amount payable at checkout. Friend Lend will display all applicable taxes during the transaction process, and you will be responsible for any taxes incurred as part of your rental. 10.4 Tax Documentation Friend Lend may provide Lenders with tax-related documentation, such as invoices or receipts, where required by applicable law. However, it is the Lender’s responsibility to maintain their own records for tax reporting purposes, including accurate details of rental income earned through the Platform. Lenders may be asked to provide tax information, such as a taxpayer identification number (TIN) or similar documentation, to comply with local tax regulations. Failure to provide such information may result in the withholding of payments until the required tax information is provided. 10.5 Tax Exemptions If you believe that your transactions on the Friend Lend Platform are exempt from taxes (for example, due to non-profit status or other specific tax-exempt criteria), you must provide the necessary documentation to support your claim of tax exemption. Friend Lend reserves the right to review and verify any tax-exempt status claims. 10.6 Changes in Tax Laws Tax laws and regulations are subject to change, and Friend Lend reserves the right to adjust how taxes are calculated, collected, or remitted in response to changes in the law. You will be notified of any significant changes that affect the way taxes are handled on the Platform.
11. Insurance and Liability
11.1 Friend Lend’s Role in Insurance Friend Lend does not provide insurance for the items listed or rented on the Platform unless explicitly stated as part of a specific program. Lenders and Borrowers are encouraged to obtain their own insurance policies to cover any potential risks or liabilities arising from the rental of items, including, but not limited to, damage, loss, theft, personal injury, or property damage. Friend Lend may offer or facilitate optional insurance services or partner with third-party insurers to provide coverage options for certain types of items or transactions. Any such insurance offerings will be subject to the terms and conditions of the insurance provider and may require separate enrollment or payment. Details of any such insurance programs will be provided within the Platform. 11.2 Lender’s Responsibility for Insurance As a Lender, you are responsible for ensuring that your items are adequately insured during the rental period. Friend Lend does not guarantee or provide insurance coverage for items rented through the Platform unless explicitly stated in a separate agreement. If you have an existing insurance policy (e.g., homeowners, auto, or personal property insurance), you should verify whether your policy covers rentals and inform your insurer of your activities on the Platform. You are responsible for any damages, losses, or injuries that occur due to your failure to maintain appropriate insurance or ensure that the item meets safety and legal standards. 11.3 Borrower’s Responsibility for Insurance As a Borrower, you are responsible for returning the rented item in the condition in which it was received, aside from normal wear and tear. If you cause damage to an item, lose it, or are involved in an accident involving the item, you may be held liable for repair costs, replacement, or other compensation to the Lender, as outlined in the rental agreement. You may be required to provide proof of insurance, such as for renting high-value items (e.g., cars, boats, or homes), before completing a rental transaction. If applicable, Friend Lend may facilitate the verification of insurance coverage. 11.4 Liability for Damage or Loss Lenders are responsible for ensuring that their items are safe, well-maintained, and in good working order before listing them for rent. Borrowers are responsible for using rented items properly and adhering to the Lender’s usage guidelines. Friend Lend is not liable for any damages or losses arising from the use, condition, or rental of items on the Platform. Lenders and Borrowers agree to hold Friend Lend harmless from any claims or disputes related to damages, loss, or injury that occur during a rental transaction. 11.5 Accidents and Personal Injury If an accident occurs while using a rented item, Friend Lend is not responsible for any personal injury, death, or property damage resulting from the use of the item. Lenders and Borrowers are responsible for ensuring that the item is used safely and in compliance with any applicable laws. Friend Lend encourages both Lenders and Borrowers to use caution and diligence when handling items, particularly when renting high-risk or high-value items like vehicles, boats, or machinery. 11.6 Limitations of Liability To the maximum extent permitted by law, Friend Lend is not liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use or inability to use the Friend Lend Platform, (ii) any items rented through the Platform, (iii) the conduct or actions of any user of the Platform, or (iv) unauthorized access, use, or alteration of your account or data. In no event will Friend Lend’s total liability to you for all claims arising out of or related to these Terms of Service or the use of the Platform exceed the total amount you have paid to Friend Lend in the 12 months preceding the event giving rise to the claim or $100, whichever is greater. 11.7 Disclaimers The Friend Lend Platform is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied. Friend Lend makes no warranty that (i) the Platform will meet your requirements, (ii) the Platform will be uninterrupted, timely, secure, or error-free, (iii) the quality of any items rented or services obtained through the Platform will meet your expectations, or (iv) any errors or defects in the Platform will be corrected. Internet tend to repeat predefined chunks as necessary.
12. User Conduct and Responsibilities
12.1 General Conduct As a user of the Friend Lend Platform, you agree to use the Platform in a lawful, respectful, and responsible manner. You must not engage in any activity that could harm, disrupt, or negatively impact other users, the Platform, or the reputation of Friend Lend. You agree to comply with all applicable laws, rules, and regulations when using the Platform, whether you are listing items as a Lender or renting items as a Borrower. 12.2 Lender Responsibilities Accurate Listings: As a Lender, you must provide accurate, complete, and truthful information about the items you list on the Platform. You are responsible for maintaining the condition and functionality of the items you rent out and ensuring they are safe for use. Item Availability: You must keep your availability calendar up to date and honor confirmed bookings. If you need to cancel a booking due to unforeseen circumstances, you must notify the Borrower and Friend Lend as soon as possible. Item Handover and Return: You are responsible for ensuring that items are available for handover to the Borrower at the agreed time and location. Similarly, you must accept the item’s return at the end of the rental period. You must inspect the item upon its return and promptly report any damage or issues. 12.3 Borrower Responsibilities Proper Use of Items: As a Borrower, you must use the rented item responsibly and only for its intended purpose. You are required to follow the usage guidelines provided by the Lender and take care of the item during the rental period. Any misuse, negligence, or illegal activity involving the rented item is strictly prohibited. Item Return: You are responsible for returning the item in the same condition in which you received it, aside from normal wear and tear, at the agreed time and location. Late returns may result in additional fees, and any damage or loss may require compensation to the Lender. Inspection and Reporting: Upon receiving the item, you must inspect it to ensure it matches the description in the listing. If you notice any issues or damages, you must report them to the Lender immediately to avoid being held responsible. 12.4 Prohibited Conduct Fraudulent Activity: You may not create false listings, provide misleading information, impersonate others, or engage in any deceptive or fraudulent activities on the Platform. Harassment or Abuse: You may not engage in any abusive, threatening, or harassing behavior toward other users on the Platform, whether through messaging, reviews, or in-person interactions during rental transactions. Interference with the Platform: You may not attempt to disrupt or interfere with the operation of the Platform, including hacking, data mining, introducing viruses, or circumventing security measures. Off-Platform Transactions: All transactions related to item rentals must be conducted through the Friend Lend Platform. You may not solicit other users to complete rentals or payments outside of the Platform, as this undermines the security and integrity of the service. 12.5 Reporting Misconduct If you become aware of any misconduct or violation of these Terms by another user, you are encouraged to report it to Friend Lend immediately. We will investigate the issue and take appropriate action, which may include warnings, account suspension, or permanent termination. 12.6 Consequences of Violating Conduct Guidelines Friend Lend reserves the right to investigate and take action against any user who violates these User Conduct and Responsibilities guidelines. Depending on the severity of the violation, consequences may include: Warnings: Issued for minor violations or first-time offenses. Account Suspension: Temporary restriction of access to the Platform for repeated or significant violations. Account Termination: Permanent removal from the Friend Lend Platform for severe or ongoing violations. In addition to platform-specific actions, users who violate applicable laws while using the Platform may also face legal consequences and liability under relevant regulations.
13. Damage, Loss, and Dispute Resolution
13.1 Responsibility for Damage or Loss Borrowers are responsible for returning the rented item in the same condition in which it was received, aside from normal wear and tear. If a Borrower damages, loses, or fails to return the item, they may be held liable for the costs of repair or replacement, as determined by the Lender. Lenders are responsible for maintaining their items in good working condition and ensuring that items are safe and functional before handing them over to a Borrower. Both Lenders and Borrowers should document the condition of the item at the start and end of the rental period (e.g., through photos or videos) to help resolve any potential disputes about the condition of the item. 13.2 Reporting Damage or Loss If an item is damaged, lost, or stolen during the rental period, the Borrower must immediately notify the Lender and Friend Lend through the Platform. Delayed reporting may affect the ability to resolve the issue fairly. Upon receiving notification, the Lender should assess the damage or loss and provide Friend Lend with an estimate of the repair or replacement costs. Borrowers may be required to compensate the Lender for any verifiable damage or loss that occurs during the rental period. 13.3 Dispute Resolution Process Friend Lend encourages Lenders and Borrowers to communicate directly to resolve any issues related to damage, loss, or other disputes that arise during a rental transaction. Clear documentation (photos, receipts, agreements) will help facilitate this process. If the parties cannot reach an agreement, either party may request Friend Lend’s assistance in resolving the dispute. Friend Lend will review the evidence provided by both parties (including photos, messages, and other relevant information) and may offer a resolution based on the available information. Friend Lend’s role in dispute resolution is to facilitate communication between the parties, but it does not guarantee any particular outcome. Friend Lend is not a party to the rental agreement and does not bear legal responsibility for disputes between Lenders and Borrowers. 13.4 Mediation and Arbitration If a dispute cannot be resolved through Friend Lend’s internal processes, the parties may agree to engage in mediation or arbitration to reach a resolution. Friend Lend may recommend third-party mediation services, but the costs and logistics of mediation or arbitration are the responsibility of the parties involved. In cases where the parties agree to binding arbitration, the arbitrator’s decision will be final, and neither party will have the right to pursue further legal action outside of the arbitration process. 13.5 Liability for Repairs and Replacement If an item is damaged or lost and the Borrower is found to be responsible, the Borrower may be required to pay for the cost of repairs or, in cases where the item cannot be repaired, the replacement cost of the item. The amount owed by the Borrower will be limited to the fair market value of the item or the agreed-upon replacement value stated in the rental agreement. 13.6 Insurance Claims If the item is covered by an insurance policy (either through the Lender or a third-party insurance provider), the Lender may choose to file an insurance claim for the damage or loss. Borrowers are expected to cooperate with the Lender and any insurance provider in the event of a claim. Any insurance coverage or claims do not absolve the Borrower of their responsibilities under these Terms of Service unless the insurance provider fully covers the damage or loss. 13.7 Consequences of Unresolved Disputes If a dispute regarding damage, loss, or theft remains unresolved, Friend Lend reserves the right to take further action, including, but not limited to: Withholding or delaying payment to the Lender or refund to the Borrower; Suspending or terminating the accounts of the involved parties; Pursuing legal remedies if the dispute involves significant financial loss or breach of contract. 13.8 Final Decision Friend Lend will make a good-faith effort to resolve disputes fairly, but the ultimate resolution of any damage, loss, or dispute is the responsibility of the Lender and Borrower. Friend Lend's decision in any dispute resolution process is final, but it does not preclude the parties from pursuing independent legal action if necessary.
14. Termination or Suspension of Accounts
14.1 Friend Lend’s Right to Terminate or Suspend Accounts Friend Lend reserves the right to terminate or suspend your Account at any time and for any reason, including but not limited to violations of these Terms of Service, suspected fraud, illegal activities, failure to comply with applicable laws, or actions that harm or may harm other users or the integrity of the Platform. Friend Lend may also suspend or terminate your account if you consistently receive negative feedback, fail to fulfill your obligations as a Lender or Borrower, or engage in behavior deemed harmful to the Friend Lend Platform or community. Friend Lend may take these actions with or without prior notice to you and without liability for any consequences resulting from the termination or suspension of your account. 14.2 Consequences of Account Termination If your Account is terminated by Friend Lend: You will no longer have access to your account, any listings, or any features of the Friend Lend Platform. Any pending or confirmed transactions will be canceled, and Friend Lend may withhold any payments owed to you. You are prohibited from creating a new Account or accessing the Platform in any other manner unless explicitly authorized by Friend Lend. Friend Lend reserves the right to notify other users of your account termination if it deems necessary, especially in cases involving fraud, illegal activity, or violation of other users' rights. 14.3 Suspension of Account In the event of Account Suspension, your access to the Platform may be temporarily restricted, but not permanently removed. During suspension: You may not be able to list items, rent items, or communicate with other users on the Platform. Your pending transactions may be put on hold or canceled, and Friend Lend may withhold any payments until the suspension is resolved. Friend Lend will notify you of the reason for the suspension and any steps you may need to take to restore your access to the Platform. 14.4 Voluntary Account Termination You may voluntarily terminate your Friend Lend Account at any time by contacting Friend Lend’s support team or through the account settings feature. Upon termination: Any pending or confirmed transactions will be canceled, and you will no longer be able to access your account or use the Platform. Friend Lend reserves the right to retain certain account information, as required by law or for legitimate business purposes, even after termination. If you wish to reinstate your account after voluntary termination, you may need to complete the account registration process again, subject to Friend Lend’s approval. 14.5 Appealing an Account Termination or Suspension If you believe your account has been suspended or terminated in error, you may contact Friend Lend’s support team to appeal the decision. You must provide any necessary evidence or information that may help resolve the situation. Friend Lend will review the appeal and make a decision within a reasonable time frame. Friend Lend’s decision on account reinstatement or termination is final. 14.6 Effect of Termination or Suspension on Obligations Even after your Account is terminated or suspended, certain obligations under these Terms of Service will continue, including your responsibility for any outstanding payments, damages, disputes, or liabilities incurred before termination. Termination or suspension of your account does not absolve you of any legal obligations, and Friend Lend reserves the right to pursue further legal action if necessary. 14.7 No Right to Account Restoration Friend Lend is under no obligation to reinstate any terminated or suspended accounts. Friend Lend may deny requests to reinstate accounts if it determines that the reasons for termination or suspension are valid and reinstating the account would be harmful to the Platform or its users.
15. Intellectual Property
15.1 Ownership of the Platform The Friend Lend Platform, including its design, layout, text, graphics, logos, button icons, images, audio clips, video clips, digital downloads, data compilations, and software, is the exclusive property of Friend Lend or its licensors. This includes any enhancements, updates, or improvements to the Platform. All content on the Platform is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. Friend Lend reserves all rights not expressly granted to you under these Terms of Service. 15.2 Limited License Friend Lend grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purposes. This license is conditional upon your compliance with these Terms of Service. You may not copy, distribute, modify, display, perform, reproduce, republish, download, store, transmit, or create derivative works from any portion of the Platform, except as explicitly allowed by Friend Lend or applicable law. 15.3 User-Generated Content By submitting, posting, or displaying any content, such as item descriptions, images, reviews, or comments, on the Friend Lend Platform (collectively, "User Content"), you grant Friend Lend a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such content throughout the world in any media. You represent and warrant that you own or have the necessary rights and permissions to submit the User Content to the Platform, and that your submission of User Content does not violate any third-party rights, including intellectual property, privacy, or publicity rights. Friend Lend reserves the right to remove or modify any User Content that it deems inappropriate, offensive, or in violation of these Terms of Service, or for any other reason, at its sole discretion. 15.4 Trademarks All trademarks, service marks, logos, trade names, and trade dress displayed on the Friend Lend Platform are proprietary to Friend Lend or its licensors. You are not granted any right or license to use these trademarks or other intellectual property without prior written consent from Friend Lend or the applicable trademark owner. Unauthorized use of any Friend Lend trademarks or other intellectual property is strictly prohibited and may result in legal action. 15.5 Third-Party Intellectual Property The Friend Lend Platform may contain content or materials provided by third parties. All third-party content, trademarks, logos, and intellectual property remain the property of their respective owners. Friend Lend does not claim any ownership rights over third-party intellectual property that may appear on the Platform. Any use of third-party content or intellectual property is subject to the terms and conditions imposed by the third-party owners. 15.6 Prohibited Actions You may not: Reverse-engineer, decompile, or disassemble any part of the Friend Lend Platform; Use any automated systems, such as robots, spiders, or scraping tools, to extract data from the Platform without express permission from Friend Lend; Attempt to interfere with the proper functioning of the Platform or engage in any activity that disrupts or interferes with the Platform’s functionality or security; Use, display, or manipulate Friend Lend’s intellectual property in any way that could damage or tarnish the reputation of Friend Lend or its Platform. 15.7 Reporting Intellectual Property Infringements If you believe that any content on the Friend Lend Platform infringes your intellectual property rights or those of another party, you must notify Friend Lend in writing. We will review the claim and, if necessary, remove or modify the infringing content in accordance with applicable laws. When submitting a claim, you must provide all necessary details to support your claim, including evidence of ownership and identification of the allegedly infringing content. 15.8 Termination for Intellectual Property Violations Friend Lend reserves the right to terminate or suspend any account that repeatedly infringes the intellectual property rights of others or violates this Intellectual Property section.
16. Data Privacy and User Data
16.1 Data Privacy Protecting your privacy is important to Friend Lend. The collection, use, and processing of your personal data are governed by our Privacy Policy, which is incorporated by reference into these Terms of Service. By using the Friend Lend Platform, you consent to the collection, storage, and use of your personal information as described in the Privacy Policy. We encourage you to review our Privacy Policy carefully to understand how your personal data is handled, including the types of data we collect, how it is used, shared, and your rights regarding your data. 16.2 Types of Data Collected Friend Lend collects various types of data from users of the Platform, including: Personal Information: This may include your name, email address, phone number, physical address, payment information, and other details necessary to facilitate transactions and interactions on the Platform. Usage Data: We collect data related to your usage of the Platform, such as device information, IP address, browser type, pages viewed, and interactions with the Platform. This helps us improve user experience and ensure the Platform functions efficiently. Transaction Data: Information related to your rentals, payments, and communications with other users on the Platform. Any personal information or data that you provide as part of creating an account or using the Friend Lend Platform will be handled in accordance with applicable privacy laws and regulations. 16.3 Use of User Data Friend Lend uses your data for various purposes, including: Facilitating and processing transactions between Lenders and Borrowers; Providing customer support and responding to your inquiries; Improving the functionality and user experience of the Platform; Preventing fraud, abuse, and misuse of the Platform; Communicating important information about your account, transactions, or changes to these Terms of Service; Complying with legal obligations and enforcing our agreements. Friend Lend may also use anonymized or aggregated data for statistical and analytical purposes to help us better understand user behavior and trends on the Platform. 16.4 Data Sharing Friend Lend may share your personal data with third parties in the following circumstances: Service Providers: We may share your data with trusted third-party service providers who help us operate the Platform, process payments, verify identities, or provide customer support. These providers are required to maintain the confidentiality of your information and only use it for the purposes for which it was shared. Compliance with Laws: We may disclose your personal data if required to do so by law or in response to valid requests from governmental authorities or legal processes. Business Transfers: In the event of a merger, acquisition, or sale of all or part of Friend Lend’s assets, your data may be transferred as part of the business transaction. You will be notified of any such change in ownership or control of your personal information. With Your Consent: Friend Lend may share your data with other parties if you have given explicit consent for us to do so. 16.5 Data Security Friend Lend takes reasonable measures to protect your personal data from unauthorized access, disclosure, or destruction. This includes using encryption, secure servers, and other industry-standard security technologies to safeguard your information. However, no method of transmission over the internet or electronic storage is completely secure, and Friend Lend cannot guarantee the absolute security of your data. You are responsible for maintaining the confidentiality of your account credentials and should take appropriate measures to protect your information. 16.6 User Rights Regarding Data You have certain rights regarding your personal data, depending on the laws of your jurisdiction. These rights may include: Access: The right to request access to the personal data we hold about you. Correction: The right to request that we correct any inaccuracies or incomplete information in your personal data. Deletion: The right to request that we delete your personal data, subject to certain legal requirements. Data Portability: The right to request a copy of your personal data in a structured, machine-readable format. Restriction of Processing: The right to request that we limit how we use your personal data. Objection: The right to object to certain types of data processing, such as direct marketing. 16.7 Data Retention Friend Lend retains your personal data for as long as necessary to fulfill the purposes for which it was collected, including complying with legal obligations, resolving disputes, and enforcing our agreements. Once your data is no longer needed for these purposes, we will securely delete or anonymize it. If you choose to terminate your account with Friend Lend, we will retain your data only as long as necessary for legal or legitimate business purposes, in accordance with our Data Retention Policy. 16.8 Children’s Privacy The Friend Lend Platform is not intended for use by individuals under the age of 18. We do not knowingly collect or process personal data from individuals under the age of 18. If we become aware that a user under the age of 18 has provided us with personal information, we will take steps to delete such information from our records. 16.9 Changes to Our Privacy Practices Friend Lend reserves the right to update or modify our privacy practices from time to time. We will notify you of any material changes by posting the revised Privacy Policy on the Platform or by other communication methods. Your continued use of the Platform after the changes take effect constitutes your acceptance of the updated Privacy Policy.
17. Disclaimers and Limitation of Liability
17.1 Disclaimers The Friend Lend Platform is provided on an “as is” and “as available” basis without warranties of any kind, either express or implied. To the maximum extent permitted by law, Friend Lend disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, and any warranties arising out of course of dealing or usage of trade. Friend Lend does not guarantee that: The Platform will meet your specific requirements or expectations; The Platform will be uninterrupted, secure, or error-free; The quality of any items rented or services obtained through the Platform will meet your expectations or that any issues will be corrected in a timely manner; The information on the Platform, including listings, reviews, or user content, will be accurate, reliable, complete, or free from errors. 17.2 No Endorsement Friend Lend does not endorse or assume any responsibility for the conduct of any Lender, Borrower, or other user of the Platform. By using the Platform, you acknowledge that any legal relationships formed through the Platform are solely between the Lender and Borrower. Friend Lend is not a party to these transactions and is not responsible for ensuring the quality, safety, or legality of items listed or rented. Any reviews, ratings, or user-generated content on the Platform are the opinions of the respective users and do not reflect the opinions or endorsements of Friend Lend. 17.3 Third-Party Services The Friend Lend Platform may include links to third-party websites, services, or resources. Friend Lend is not responsible for the availability, accuracy, or content of these third-party services, and does not endorse or assume liability for any third-party services, products, or practices. Use of third-party services is at your own risk and subject to the terms and conditions of those third parties. 17.4 Limitation of Liability To the fullest extent permitted by law, Friend Lend, its affiliates, officers, directors, employees, and agents will not be liable for any indirect, incidental, special, consequential, or punitive damages, including, but not limited to, lost profits, data loss, personal injury, or property damage related to, or in connection with: Your access to or use of the Friend Lend Platform; Any interaction or transaction between users of the Platform; The use, inability to use, or performance of any item rented through the Platform; Unauthorized access, use, or alteration of your account or data; The conduct or actions of any user of the Platform, whether online or offline. Friend Lend’s total liability to you for all claims arising out of or relating to your use of the Platform or these Terms of Service shall not exceed the greater of (i) the total amount you have paid to Friend Lend in the twelve months prior to the event giving rise to the liability, or (ii) $100. 17.5 Assumption of Risk By using the Friend Lend Platform, you acknowledge that renting items and interacting with other users, whether online or in person, carries inherent risks. These risks may include, but are not limited to, damage to property, personal injury, loss, or theft. You voluntarily assume all risks associated with using the Platform, including those associated with entering into rental transactions with Lenders or Borrowers. 17.6 Indemnification You agree to indemnify, defend, and hold harmless Friend Lend, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, losses, expenses, or fees (including legal fees) arising out of or related to: Your use of or access to the Platform; Your violation of these Terms of Service; Your interaction or transaction with any other user of the Platform; Your violation of any rights of a third party, including intellectual property, privacy, or other rights. This indemnification obligation will survive the termination or expiration of your use of the Friend Lend Platform. 17.7 Jurisdictional Limitations Some jurisdictions do not allow the exclusion of certain warranties or the limitation of liability for certain damages. Therefore, the above limitations and disclaimers may not apply to you in their entirety. In such jurisdictions, Friend Lend’s liability will be limited to the fullest extent permitted by applicable law.
18. Governing Law
18.1 Choice of Law These Terms of Service, and any disputes or claims arising out of or in connection with them or their subject matter (including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. 18.2 Jurisdiction You agree that any legal action or proceeding arising out of or relating to these Terms of Service or your use of the Friend Lend Platform shall be brought exclusively in the courts located in Tampa, Florida. You hereby consent to the exclusive jurisdiction and venue of such courts and waive any objection to such jurisdiction or venue, including objections based on inconvenience. 18.3 International Users If you are accessing the Friend Lend Platform from outside the United States, you are responsible for compliance with any local laws applicable to your use of the Platform. By using the Platform, you agree that your access and use of the Platform, as well as any legal disputes related to the Platform, are governed by the laws of the United States and the state of Florida, regardless of your geographic location. 18.4 Severability If any provision of these Terms of Service is found to be invalid, illegal, or unenforceable for any reason by a court of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions shall continue in full force and effect. 18.5 No Waiver Friend Lend’s failure to enforce any right or provision in these Terms of Service shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Friend Lend in writing. Any waiver shall not affect any other provisions of these Terms.