Lendly Community Terms & Agreement

These Terms of Service ("Terms") form a binding agreement between you and Lendly, Inc., a Texas company ("Lendly," "we," "our," or "us"). By creating an account, listing an item, booking a rental, or otherwise accessing the Lendly website, mobile site, or related services (collectively, the "Platform"), you agree to be bound by these Terms. If you do not agree, you may not use the Platform.

Lendly is a technology platform that allows members ("Lenders") to make personal items available for short-term rental to other members ("Renters"). Lendly is not a party to any rental agreement between Lenders and Renters and does not own, sell, resell, furnish, deliver, manage, insure, or control any listed item. Lendly is not an agent of any user. The rental contract is formed solely between the Lender and the Renter. Any disputes arising out of a rental are between those users, though Lendly may, at its discretion and as a courtesy, assist with dispute resolution.

To use the Platform you must (a) be at least 18 years old, (b) have legal capacity to enter into binding contracts, (c) reside at a verifiable address within the service area (currently the Easton Park neighborhood of Austin, Texas, ZIP 78744), and (d) not be barred from using the Platform under applicable law. You agree to provide accurate, current information and to keep it up to date. You are responsible for all activity under your account and for safeguarding your credentials.

You represent and warrant that you:

• Own (or are legally authorized to rent out) every item you list;
• Will provide accurate descriptions, current photos, and a fair condition rating;
• Will maintain the item in safe working order and disclose known defects;
• Will not list items prohibited by Section 8 (Acceptable Use); and
• Are solely responsible for any taxes, permits, or licenses related to your listings.

You represent and warrant that you:

• Will use rented items only for their intended purpose and in accordance with any safety instructions;
• Will return items in the condition received, normal wear excepted;
• Will reimburse the Lender for any loss, theft, or damage beyond normal wear (the "Damage Obligation"); and
• Will inspect items at pickup and report any pre-existing damage to the Lender immediately.

Lendly charges a platform service fee equal to ten percent (10%) of each completed rental, deducted from the Lender's payout. All payments are processed by Stripe under the Stripe Connected Account Agreement; Lendly does not store full card numbers. Refunds, cancellations, and security deposits are governed by the Lendly Refund Policy, incorporated by reference, and by Stripe's payment processing terms. Lendly may revise fees with thirty (30) days' notice.

The Damage Obligation runs between Renter and Lender. Lendly may, at its sole discretion, hold or release any security deposit and may assist users in resolving disputes, but Lendly does not guarantee any outcome and is not an insurer, guarantor, or arbitrator of disputes. Users are encouraged to maintain their own insurance.

You agree not to use the Platform to list, rent, or transmit:

• Firearms, ammunition, explosives, or other weapons;
• Illegal drugs, drug paraphernalia, or prescription medication;
• Alcohol, tobacco, or other age-restricted goods (except where lawful and with proper licensing);
• Hazardous, radioactive, biohazardous, or flammable materials;
• Items that infringe any patent, trademark, copyright, trade secret, or other proprietary right;
• Stolen goods, or goods you do not have the right to rent;
• Counterfeit goods, replicas, or unauthorized reproductions;
• Live animals, plants, or perishable food;
• Any item the use of which would violate any local, state, or federal law.

You also agree not to (a) reverse-engineer or scrape the Platform, (b) circumvent payment by transacting off-platform, (c) harass, threaten, or defame other users, or (d) submit false reviews or fraudulent listings.

You retain ownership of the photos, descriptions, reviews, and other content you submit ("User Content"). You grant Lendly a worldwide, royalty-free, sublicensable, and transferable license to host, store, reproduce, modify, and display User Content solely for the purposes of operating, developing, and promoting the Platform. You represent that you own or have the right to grant this license.

THE PLATFORM AND ALL LISTINGS, ITEMS, AND USER CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.

Lendly disclaims, to the fullest extent permitted by law, all warranties, including implied warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, quiet enjoyment, and any warranty arising from course of dealing or usage of trade. Lendly does not warrant the quality, safety, condition, legality, or accuracy of any listing, that any rental will be uninterrupted, secure, or error-free, or that any user is who they claim to be.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, LENDLY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR LOSS OF GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

LENDLY'S TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS ($100) OR (B) THE TOTAL AMOUNT OF PLATFORM FEES YOU PAID TO LENDLY IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply to all theories of liability, whether based in contract, tort (including negligence), statute, or otherwise. Some jurisdictions do not allow certain limitations, in which case the limitations apply to the fullest extent permitted by law.

You agree to defend, indemnify, and hold harmless Lendly and its affiliates, officers, directors, employees, and agents from and against any claim, demand, loss, damage, cost, or expense (including reasonable attorneys' fees) arising from or related to (a) your use of the Platform, (b) your User Content, (c) your violation of these Terms or applicable law, (d) your interactions with any other user, including any rental, transaction, or dispute, or (e) any item you listed or rented.

Lendly may suspend or terminate your account at any time, with or without notice, for any reason, including suspected fraud, off-platform transactions, repeated late returns, damage complaints, or violations of these Terms. You may close your account at any time. Sections that by their nature should survive termination — including Sections 10–15 — will survive.

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

You and Lendly agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform (a "Dispute") will be resolved by binding, individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. Arbitration will take place in Travis County, Texas, before a single neutral arbitrator, and judgment may be entered on the award in any court of competent jurisdiction.

YOU AND LENDLY EACH WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. CLAIMS MAY BE BROUGHT ONLY ON AN INDIVIDUAL BASIS.

You may opt out of arbitration within 30 days of first accepting these Terms by sending written notice to legal@lendly.com containing your name and a clear statement that you wish to opt out. Notwithstanding the foregoing, either party may bring claims of intellectual-property infringement or seek injunctive relief in court.

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. To the extent any Dispute is not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Travis County, Texas.

Lendly may modify these Terms from time to time. Material changes will be communicated by email or in-app notice at least thirty (30) days before they take effect. Your continued use of the Platform after the effective date constitutes acceptance of the revised Terms.

These Terms constitute the entire agreement between you and Lendly regarding the Platform and supersede any prior agreements. If any provision is held unenforceable, the remaining provisions will continue in effect. Lendly's failure to enforce a right is not a waiver. You may not assign these Terms; Lendly may assign without restriction. Notices to Lendly may be sent to legal@lendly.com.