Terms of Service

EFFECTIVE DATE OF THESE TERMS AND CONDITIONS: FEBRUARY 15, 2024

LATEST UPDATE TO THESE TERMS AND CONDITIONS: FEBRUARY 20, 2024

Runtize LLC, a limited liability company organized under the laws of the State of New York, owns and operates the website runtize.com and all its corresponding mobile and web applications (collectively, the “Platform”). The Platform serves as an online marketplace, enabling users to enter into rental arrangements whereby lenders rent products to renters.

The present Terms and Conditions set forth the terms upon which Runtize LLC offers and provides the Platform, rendering it available to renters and lenders of Products (as further defined). The present Terms and Conditions govern the terms upon which lenders may offer Products for rent and upon which renters may rent such Products from lenders.

Prior to using the Platform, users must agree to the present Terms and Conditions, in full. If any user of the Platform does not agree with these Terms and Conditions, even in part, the user must refrain from using the Platform.

  1. INTRODUCTION AND DEFINITIONS

The following terms, when used in these Terms and Conditions have the meanings set forth below, unless the context requires otherwise:

“Features” refers to any and all features offered on the Platform by Runtize. Features include but are not limited to an in-app chat feature and an instant booking feature.

“Lender” refers to a user of the Platform publishing Listings to rent or offer to rent one (1) or more Products through the Platform.

“Listings” refer to offers to rent Products published or otherwise posted by Lenders on the Platform.

“Platform” refers to the web application, mobile application and/or application on other platforms and devices named Runtize and operated by Runtize as well as the website https://runtize.com.

“Products” refer to any and all products and items featured on the Platform as part of Listings or otherwise featured on the Platform as available for rent. Such Products include but are not limited to tools, equipment, electronics and other similar items.

“Renter” refers to a user of the Platform renting or offering to rent Products listed on the Platform.

“Runtize” refers to the company managing and operating the Platform. Runtize may also be referred to as “we”, “us”, “our” and other similar expressions in these Terms and Conditions.

“Terms and Conditions” or “Terms” refer to the latest version of the present Terms and Conditions and includes any amendments and updates made thereto. For reference purposes, the published Terms and Conditions will indicate the date of the latest update made thereto.

“Users” refer to all users of the Platform. Users may also be referred to as “you”, “your” and other similar expressions under these Terms.

  1. ACCEPTANCE OF THESE TERMS AND CONDITIONS

The present Terms and Conditions govern the terms upon which you may use the Platform and the Features provided thereon. The present Terms and Conditions apply to all Users, both Lenders and Renters, who access and/or otherwise use the Platform. The present Terms and Conditions further set forth our limited liability, disclaimers and limited warranties.

The present Terms are applicable and binding to you as of your initial access and usage of the Platform. Upon accessing, visiting, downloading or using the Platform in any way, you agree to be bound and governed by these Terms, in their entirety. You agree to be bound by these Terms and Conditions, in full, as though you manually signed them

Your usage of the Platform will be construed as your acceptance of these Terms. If you do not agree with these Terms, even partially, please refrain from accessing, visiting or using the Platform.

These Terms and Conditions form a binding agreement between you and us. We are not bound by any terms or policies, except for the present Terms and Conditions and any policies explicitly referenced herein. These Terms and Conditions encompass any other policies established by us, such as our Privacy Policy, which is deemed to be incorporated in these Terms by reference.

  1. UPDATES TO THESE TERMS

You acknowledge that we may update these Terms and other related policies from time to time, at our discretion. The most recent version of these Terms will be published on the Platform. The updated version of the Terms will specify the date of the latest update made thereto.

All updates to these Terms will be binding as of the date specified in the header. Your usage of the Platform following the publication of the updated Terms constitutes your agreement to be bound by the updated Terms.

We will try to notify you prior to making any significant changes to these Terms but we cannot guarantee that you will be informed of updates to these Terms prior to their publication on the Platform. For this reason, you are encouraged to periodically review these Terms to ensure you are aware of and compliant with the latest version thereof.

  1. ELIGIBILITY TO USE PLATFORM

To be eligible to use the Platform, you confirm and represent the following to us:

  1. You are at least eighteen (18) years of age.

  2. You agree to use the Platform in accordance with all applicable laws, regulations and orders.

  3. You have the capacity and ability to enter into legally binding contracts.

  4. You have not been barred from accessing or using the Platform under any applicable law or pursuant to an administrative decision.

  5. You are not subject to any limitations or restrictions that would prevent, restrict or otherwise impair your right to use the Platform.

  6. You do not have a criminal record, nor have you been convicted of a crime.

  7. You warrant that you do not reside in and that you are not accessing the Platform from any country subject to applicable U.S. trade sanctions or embargoes. You also confirm that you have not been named on any national or denied-party list issued by the U.S. government.

  1. ACCOUNTS ON THE PLATFORM

Account Creation

You may visit or access the Platform without creating an account on the Platform, however, some portions of the Platform and its Features may be inaccessible to you without a valid account. Users may not offer for rent or rent Products via the Platform without having an account on the Platform.

To create an account on the Platform, you must be at least eighteen (18) years old. If we discover an account was created by a User who is under the age of eighteen (18), we will terminate such account, without liability.

In furtherance of the creation of your account, you will be asked to provide personal or private information, such as your first name, last name, email address and location. It is optional for you to provide your phone number and date of birth as part of your account on the Platform.

Provision of Personal Data

You confirm that all personal data you provided in connection with your account is accurate, true, complete and current to the best of your knowledge. You are responsible for updating any personal data submitted on the Platform which becomes outdated, expired or no longer valid.

Account Security

Your account on the Platform will be secured by a password. You are responsible for ensuring the password to your account remains confidential and secret. In the event of a security breach, such as unauthorized usage of your password or a compromised password, you agree to notify us at your earliest convenience by sending an email.

Your account is personal and may only be used by you. You may not use an account that does not belong to you. You will therefore refrain from sharing your login details with any third party. As such, you may not transfer your account to any third party. Any usage or access of another user’s account on the Platform is strictly prohibited.

You are responsible for all acts, content, and omissions arising out of or relating to your account. You agree not to engage in unacceptable use of your account and to strictly comply with the obligations contained in these Terms.

We decline full liability for losses or damages caused by unauthorized usage of your account. You are liable for any purchases and charges incurred by or using your account on the Platform.

Identity Verification

Upon creating an account on the Platform, it is optional to proceed with the verification of your identity, however, to rent or offer to rent a Product, you will be required to undergo an identity verification procedure.

You agree to comply with our third party provider’s requirements regarding identification verification. As such, you agree to promptly submit any requested information to the third party provider, which shall likely consist of a government issued identification (ID) or your passport.

If you are an individual, such proof of identity may consist of a passport, bank statement, reference letters, invoices clearly displaying your name and address, or any other proof of identification approved by us.

You acknowledge that we may, at our discretion, conduct screenings to verify your identity.

By submitting the proof of identity to us, you confirm that such proof of identity is accurate, complete and valid. Any false or incorrect information or identification submitted constitutes a breach of contract, for which we may institute legal proceedings, and may constitute a felony under applicable law.

No Guarantees for Identity Verifications

Runtize is a marketplace, allowing its Users to rent and offer to rent Products and publish Listings in connection therewith. We implemented verification procedures to validate the identities of our Users, but we cannot guarantee that such verification procedures will ensure rentals will be completed without issues, and/or that Listings will be truthful and accurate, and/or that Products will be returned in the same state as received. We disclaim all such warranties. We recommend Users exercise caution when engaging with other Users on the Platform and proceeding with a rental order.

Termination of Accounts

You may close or otherwise terminate your account at any time by following the instructions on the Platform. We reserve the right to terminate or suspend a User’s account on the Platform for reasons of convenience at our discretion. Further, we may terminate or suspend a User’s account on the Platform if the User breached these Terms and Conditions. Users agree that if we terminate a User’s account on the Platform, the User waives any recourses or claims it may have or had against us. The User will also release us from all liability in connection with the termination of the User’s account.

We further reserve the right to investigate any potential violations of these Terms and Conditions, applicable laws, regulations or binding terms. Users will be required to cooperate with us during any such investigations by submitting all requested documentation and information.

  1. RUNTIZE’S ROLE

The Platform serves as an online marketplace that allows for the rental and offer to rent of Products between Users. The Platform and Runtize do not own any of the Products listed for rent on the Platform, or otherwise featured on the Platform.

With respect to the Products, the Platform’s role is limited to acting as an intermediary to transactions involving Renters and Lenders of the Products. More specifically, the Platform facilitates the rental of Products between Users by facilitating communications between Users, and offering an online platform whereby Lenders can post Listings, content and enter into rental orders regarding the Products. Please note that we do not act as an agent for any party to the transaction.

The Platform is not affiliated with the Products’ agents, manufacturers, developers, designers, resellers, and distributors. The Platform acts as an independent entity with respect to the Products and should not be construed as an affiliate to the Products’ agents, manufacturers, designers, distributors, resellers, or other entity associated with such Products.

For the avoidance of doubt, the Platform is not affiliated to any other websites or services that feature the Products for sale or purchase.

  1. RENTERS

To rent or offer to offer Products listed on the Platform, Renters hereby provide the following warranties and representations to us:

  • You have the full authority to enter into these Terms and to perform the obligations contained herein.

  • You are not party to any contract, arrangement, legal obligation or other duty that would prevent you from renting the Products you intend to rent.

  • The information you provided in your account as well as the payment information you provided is accurate, true and complete to the best of your knowledge.

  • You have immediately available and sufficient funds to pay for the rental of the Products subject to any order you place.

  • You acknowledge that the Platform does not offer any warranties with respect to the Products, except for those explicitly set forth in these Terms.

  • You agree that we are not liable for any breach or violation caused by your rental of the Products.

You acknowledge that we are relying upon the above representations and warranties to allow you to enter into transactions and rent Products from Lenders.

  1. LENDERS

To publish Listings to rent and offer to rent one (1) or more Products on the Platform, you hereby warrant and represent to us as follows:

  • You have the full authority to enter into these Terms and to perform the obligations contained herein.

  • You are not party to any contract, arrangement, legal obligation or other duty that would prevent you from listing, renting, transferring or in any other way disposing of the Products you publish in one (1) or more Listings on the Platform.

  • The information you provided in your account as well as the information you provide with respect to the Products is accurate, true and complete to the best of your knowledge.

  • You are the lawful owner of the Products you intend to rent via the Platform, and you possess all right, title and interests to such Products.

  • The rental of the Products to a Renter will not breach or violate any third party right.

  • The Products subject to your Listings on the Platform are not damaged, defective or otherwise unusable.

You acknowledge that we are relying upon the above representations and warranties to feature your Listings on the Platform and allow you to rent such Products using the Platform.

Pursuant to publishing a Listing, you agree to set up your payout details using your Stripe account. As such, you will need to enter your bank account information and other information required by Stripe.

Lender’s Acknowledgments

You acknowledge that as an intermediary between Users, we will not be responsible if the rental of your Products breaches any third party right or legal obligation to which you are bound. You acknowledge that we will not be responsible for any damages, defects or other issues affecting the Products you feature in a Listing on the Platform.

Creation of Listings

Lenders must create Listings on the Platform to describe the Products available for rent. The Listings and Product descriptions must be accurate and complete as to allow us to determine exactly which Product(s) a Renter has rented. Lenders may upload recent photos of the Products available for rent on the Platform.

The Listings must further specify the replacement value of the Product. The Lender will be bound by the replacement value listed in the Listing, and may not adjust the replacement value after a rental order has been placed for such Product. We reserve the right to alter the replacement value listed in the Listing if we believe the replacement value is incorrect. The Lender will be bound by any replacement value changed by us.

  1. ASSUMPTION OF RISKS

To the fullest extent permitted under applicable law, Users knowingly and voluntarily agree to assume all risks associated with offering for rent and renting Product(s) via the Platform, even if the Users were not aware of such risks in advance. Such risks include risks of negligence, misuse, carelessness, injury and loss, without limitation. Each User assumes full responsibility for its involvement in the rental of the Products.

Each User further agrees that:(1) it has assessed the risks involved in the rental of the Product(s) and chosen to participate in the rental thereof; (2) it is legally capable and fit to participate in the Product rental or; (3) it understands and is aware of the risks associated with proceeding with such a rental and has nonetheless chosen to participate in the rental thereof; and (4) it will comply with all applicable laws and these Terms and Conditions with respect to the rental.

  1. DISPUTES BETWEEN LENDERS AND RENTERS

In case of a dispute between a Lender and Renter, we encourage you to attempt to resolve the dispute amicably. At our discretion, we may, but are under no obligation to attempt to help you reach a mutually acceptable settlement of the dispute. If we elect to intervene, we do not guarantee that our intervention will resolve the dispute. Further, we provide no guarantees or warranties as to the outcome of our intervention, and the resolution of the dispute.

As a result, you agree to fully release and discharge us from all claims, losses, damages, liabilities, obligations, rights, remedies and causes of action of every nature, that you have, may have or had against us arising out of the dispute. You further agree not to institute legal action in such a dispute unless we state otherwise. You agree to be bound and subject to our recommendations, and that any decisions we render with respect to the resolution of such dispute will be binding and enforceable.

  1. DESCRIPTIONS OF FEATURES

In-App Chat Feature

Renters and Lenders may interact and chat with each other freely on the Platform using the in-app chat Feature. All interactions between Users using the in-app chat Feature must be respectful, and compliant with applicable laws and these Terms.

We may access communications between Users to verify that such communications comply with these Terms. Users are not permitted to share contact information, such as phone numbers and email addresses, during such chats and exchanges on the Platform.

Instant Booking

Lenders have the option of selecting instant booking when Listing a Product for rent on the Platform. The instant booking feature allows Renters to automatically book the rental of the Product, subject to such feature, without requiring the Lender’s prior approval.

If the instant booking feature is not selected, the Lender will need to approve or decline the Renter’s request to book the rental of the Product within twelve (12) hours of the Lender’s receipt of such request.

  1. RENTAL ORDERS

All Product rentals booked via our Platform are governed by and subject to these Terms and Conditions, our Privacy Policy and any policies we implement. Such Product rentals will be confirmed in an email sent to both the Renter and the Lender. The Product rental confirmation is referred to as the rental order, and includes all relevant terms, including but not limited to the description of the Product subject to the rental, the duration of the rental, the delivery or pick up thereof, courier costs and other relevant considerations. The Product rental confirmation further confirms the cost of the Product rental.

When checking out, the Renter may select to pick up the Product subject to the rental, or have it delivered by a courier, at the Renter’s sole cost.

If, at the time of the meeting or upon the Renter’s receipt of the Product, the Product subject to the rental does not meet the Renter’s expectations or does not comply with the Lender’s description, the Renter would be responsible for contacting us, and providing us with necessary details and clarification. We will then determine the appropriate course of action, which may consist of canceling the rental.

  1. RENTAL PERIODS AND LIABILITY

Rental Periods

The rental period refers to the time frame during which the Renter is provided with the possession, custody, control and care of the Product subject to the rental. The rental period will commence on the delivery date of the Product or the provision of the Product to the Renter by the Lender. The rental period will end as of the pick up of the Product by the Lender or the return thereof to the Lender.

All initial rental orders must specify a start date and end date, as well as whether the Product will be picked up by or delivered to the Renter, and the return thereof.

The Renter is responsible for returning or otherwise shipping the Product back to the Lender in accordance with the terms of the rental order on or prior to the end of the rental period. The Renter may request an extension of the rental period, acknowledging that the acceptance thereof will be at the discretion of the Lender, and Runtize if applicable. If the Lender does not agree to the extension of the rental period, the Renter will be required to return the Product on the original end date. Any failure by the Renter to do so may result in legal action taken against the Renter.

Renter’s Usage of the Product

The Renter is responsible for using the product in accordance with its intended purpose and the Lender’s instructions. The Renter may not use the Product for any other purposes, except with the Lender and Runtize’s prior written consent.

During the rental period, the Renter will benefit from the care, custody and control of the Product. The Renter will use the Product with proper care and caution, and may be held responsible for any misuse, or damage to the Product during the rental period and any applicable extension.

As such, if the Product is damaged, lost, stolen, transferred, converted or misplaced, or otherwise not returned in the condition originally provided to the Renter, the Renter will be responsible for the repair and/or replacement value of the Product. We will determine the replacement value of the Product. The Renter is responsible for paying for such damages and/or the replacement value immediately upon request.

Upon return, if the Product is locked with a password created by the Renter, the Product will be deemed dysfunctional. The Renter will then be responsible for the repair and/or replacement value of the Product.

We may at our discretion charge the Renter’s payment information for any such damages and/or the replacement value of the Product. We are not responsible for any losses, damages or other issues affecting the Product and/or the return thereof.

  1. PAYMENTS, CHARGES, REFUNDS AND OTHER RELEVANT TERMS

Renter’s Payment Information

Once a rental order is placed, the Renter’s payment information will be automatically charged. The Renter’s payment information refers to the credit card on file, account information, Paypal account or other form of payment as authorized by us. You acknowledge that we may use a third party payment processing company to process your payments. You further agree to comply with the terms of such third party payment processing company.

By providing your payment information to us, you acknowledge and agree that any third party payment processing company we retain may store your payment information and billing information.

If you choose to make payments using an Automated Clearing House (ACH), you hereby authorize us to electronically debit your account to satisfy any payments due to pursuant to a rental order and/or these Terms.

You confirm that you are the sole owner of the payment information you provided. If you are not the sole owner of the payment information provided, you confirm that you secured all necessary rights and consents to use the payment information provided.

We reserve the right to refuse to process a rental order if we determine that your payment information is invalid, unusable or otherwise unacceptable.

You agree to update all your payment information and all details pertaining to payment as needed during the term of your usage of the Platform.

Outstanding Balances

Any unpaid balances may be sent to collection agencies, and we may institute legal action to collect any outstanding balances due. You will be responsible for all interest charged, and collection costs, as well as applicable legal costs, including attorney fees and court costs.

You confirm having examined, to your satisfaction, all relevant documentation and information pertaining to the Platform and agree to be bound by the payment obligations contained herein. You agree to not, directly or indirectly, initiate any chargeback with your financial institution with respect to any payments made in connection with the Platform.

Release to Lender, Commission and Service Fee

At the end of the rental, we will release the funds to the Lender, less any applicable fees and commissions. Please note we retain an eighteen percent (18%) commission on the total amount paid by the Rental for the booking. Further, we charge a fifteen percent (15%) service fee charged to the Renter upon the end of the rental period. Such commission and service fee may be subject to change, with prior notice.

Refunds

Please note that we do not offer refunds for unused or otherwise unsatisfactory rentals, unless otherwise specified. All rental orders are deemed final and may not be refunded to the Renter.

Notwithstanding the foregoing, we may, at our discretion, issue refunds if the Product: (i) is not received by the Renter, (ii) delivered unreasonably late, (iii) not functional or unusable, or (iv) does not comply with the description in the Listing. We will not be under any obligation to issue a refund under any circumstances, and even in case of default by the Lender. In all cases, we will, at our discretion, determine the amount of the refund. Any past refund will not entitle a Renter to subsequent or future refunds.

Taxes

Renters are responsible for verifying the price of the rental order prior to making the corresponding payment. Unless otherwise indicated, the payments for rental orders are exclusive of any taxes and duties. Renters are responsible for paying taxes charged in connection with their purchase of the rental order.

We may collect applicable sales tax if we determine that we have an obligation to collect such sales tax.

Lenders may be required to report their earnings from rentals conducted through or as a result of the Platform. As such, we may also be required to report Lenders’ earnings to appropriate tax authorities if the Lenders generate a minimum amount of income from rentals conducted through or as a result of the Platform. We may then provide Lenders’ personal information to the appropriate authorities for tax purposes. We are not responsible for paying on income earned by Lenders relating to Product rentals.

  1. INSURANCE

We do not operate as an insurance provider, nor do we provide insurance coverage. If Products subject to rentals are required to be insured by a licensed and reputable insurance carrier, Lenders are required to secure such insurance coverage.

Lenders are responsible for ensuring they comply with insurance requirements as set out in applicable laws and regulations. Lenders are further responsible for complying with all requirements set out in insurance policies in place protecting the Products. Upon request, Lenders agree to provide us with copies of their insurance policies and coverage, and to notify us in advance of any changes to such policies and coverage.

Renters may secure appropriate insurance coverage to protect their activities and the Products while under their care and possession.

Lenders acknowledge that by renting Products, there is a risk of loss, damage and other adverse effects. Lenders acknowledge proceeding with the rental of Products to Renters via the Platform at their sole risk, acknowledging that we will not be held liable for any damages, issues, late returns, losses or other adverse effects affecting the Products.

  1. PROTECTION GUARANTEE

We offer a protection guarantee, whereby we guarantee coverage to Lenders for damage, loss or theft for a maximum value of twenty thousand dollars ($ 20,000) per rental Order, which damage cannot be recovered by the Renter. The protection guarantee does not constitute insurance and is not an insurance policy.

The protection guarantee is automatically provided to Lenders on the Plartform. Renters who rent Products via the Platform are not protected by such protection guarantee. Renters acknowledge that any loss, damage and/or theft of the Products during the rental period is the responsibility of the Renter.

The protection guarantee may potentially waive the Lender’s responsibility for the cost to repair or replace any accidental or unintentional damage to the Products, subject to exclusions set forth in these Terms and Conditions, subject to a maximum value of $ 20,000.00 USD, provided all conditions set forth herein are met.

Conditions to Benefit from Protection Guarantee

To benefit from such protection guarantee, the Lender and the Renter will need to have verified their identities using the Platform, in advance, prior to the commencement of the rental.

Lenders acknowledge that the protection guarantee will apply strictly to one (1) Product, subject to one rental Order.

To benefit from the protection guarantee, the Lender must comply with all obligations set forth in these Terms. Any failure by the Lender to comply will be deemed to void the protection guarantee.

Exclusions

The protection guarantee will not apply to any of the following: (1) Damages, losses and/or theft occurring outside of the State of New York; (2) Any damages and/or losses caused by: (i) extreme temperatures, (ii) exposure to toxins, unsafe conditions, or other unsuitable environments, (iii) a latent defect or hidden defect, (iv) rust, oxidation or discoloration, (v) transportation, shipping and/or the delivery of the Product, (vi) work, updates or changes made to the Product by the Renter, the Lender or a third party, (vii) a Force Majeure or Act of God such as a natural disaster. Any circumstances or conduct by the Lender made not in good faith would void the protection guarantee. Moreover, the protection guarantee will not apply to:

  • Regular wear and tear;

  • Lack of proper maintenance;

  • Cosmetic damages;

  • Damages, loss or defects covered by another warranty program, including the warranty offered by the manufacturer;

  • Manufacturer defects;

  • In connection to a recall issued by the manufacturer, and whereby the manufacturer is responsible for the necessary replacement;

  • Any damage that is not reported to us within twenty-four (24) hours of its occurrence and/or the incident giving rise to the damage.

Lenders are responsible for initiating an insurance claim in connection with the Product(s) for any loss and/or theft thereof, acknowledging that the protection guarantee will not apply in such cases. Further, the protection guarantee will not apply in case the Lender benefits from insurance coverage or is eligible for such coverage and does not benefit therefrom for any reason in connection with the Product. If the Lender benefits from insurance coverage or is eligible for such coverage for the Product in question, the Lender is responsible for initiating an insurance claim in connection therewith.

Any accessory items, such as batteries, cases, and hoods, to the Product are covered by the protection guarantee as long as they are written in the description of the Product(s) rented.

Notification

Lenders wishing to benefit from the protection guarantee must notify us within twenty-four (24) hours after the occurrence of the damage or the incident giving rise to the damage. We reserve the right to conduct an investigation. The determination of whether the protection guarantee applies is at our sole discretion based on our findings and any investigation we conduct.

If a Lender refuses to provide documentation or information requested as part of our investigation, the protection guarantee will be voided. We do not guarantee that the protection guarantee will apply, nor that the Lender will be reimbursed, credited or otherwise compensated for any costs in connection with the Product subject to the protection guarantee.

  1. INTELLECTUAL PROPERTY

We own or have secured the appropriate permission to use the content published on the Platform. Our intellectual property, trademarks and logos may not be reproduced or shared without our explicit prior written consent. All intellectual property directly relating to the Platform and Runtize remains our sole property and we are the exclusive owners of such intellectual property throughout the world, without limitations of time or space.

Any content that has been licensed to us remains the property of its respective owners. Please note that the reproduction, transmission, sharing and distribution of all or part of any the content on the Platform is expressly prohibited, except as provided under these Terms and Conditions.

Users are permitted to copy and print portions of the Platform solely for purposes of rentals and reference purposes. We do not authorize the reproduction, modification, or transmission of the intellectual property on the Platform to any third party without our prior specific written consent.

  1. TRADEMARKS

Trademarks, logos and intellectual property relating to Runtize and the Platform are proprietary to us. Our trademarks and logos are protected by copyright laws. Accordingly, our trademarks and logos may not be reproduced or shared without our prior written consent. You may not use our trademarks and logos for any purpose except to carry out transactions in accordance with the present Terms and Conditions.

Third Party Trademarks

The Platform may include links to third party websites and apps. To properly identify the third party website or app, images of the third party’s trademarks and intellectual property may be published on the Platform. We may publish the logos of the third party website or app, while not having any affiliation to such third party, to allow you to identify the products associated with such mark. In accordance with applicable trademark laws, the publication of the logos of third party websites and apps constitutes nominative fair use.

  1. PERMITTED AND PROHIBITED CONDUCT

You are responsible for your conduct, actions and usage of the Platform. You must agree to not engage in unacceptable use of the Platform, which consists of using the Platform to:

  • Breach any applicable law, government order, regulation or policy;

  • Interfere with or damage the Platform and/or its servers;

  • Send harmful components, viruses or damaging files;

  • Use automated means, including spiders, robots, crawlers, data mining tools, to download data from the Platform;

  • Engage in unlawful or illegal, fraudulent or otherwise discriminatory conduct, or encourage others to use the Platform for such purposes;

  • Intimidate, insult, harass, threaten or otherwise bully Users of the Platform;

  • Declare known false or illicit statements or remarks;

  • Send spam, chain letters and unsolicited materials;

  • Impersonate an individual or intentionally mislead others about your true identity;

  • Collect personal information or data regarding Users of the Platform, without obtaining the necessary consents;

  • Decompile, reverse engineer or hack any portion of the Platform or attempt to do so;

  • Publish or share content or information that violates a third party’s intellectual property rights;

  • Sell, lease, assign or transfer your account on the Platform, without our prior written approval;

  • Act in a way that conflicts with the spirit of these Terms and Conditions.

You may be held personally responsible for your failure to comply with these Terms and Conditions, and our applicable standards. Further, you agree that we may, without liability and without penalty, revoke your right to use the Platform if you violated or attempted to violate any obligation in these Terms and Conditions.

  1. USER CONTRIBUTIONS AND CONTENT

Lenders are able to post and publish Listings and other content on the Platform. Content posted or published by Lenders as part of Listings or otherwise on the Platform is referred to as “User Content”.

Liability for User Content

You are solely responsible for any User Content you publish on the Platform. You are responsible for taking all necessary precautions to ensure the User Content you publish does not violate any third party rights or any intellectual property laws. You may be held personally liable if the User Content you publish violates these Terms and Conditions or any third party right.

License to User Content

You hereby grant us and our affiliates a nonexclusive, worldwide, perpetual, irrevocable, royalty-free and transferable license to use, publish, distribute, modify and commercialize any User Content you publish on the Platform, in any and all media or form of communication, whether now existing or hereafter developed.

We reserve the right to edit, delete, or remove User Content for any reason we deem proper or appropriate, at our sole discretion.

Considering User Content is user-generated, we are unable to guarantee the quality, suitability and integrity of any such user-generated content. We will not be liable for any errors, issues or losses caused by User Content published on the Platform. Further, we disclaim all warranties and guarantees in connection with any User Content published on the Platform. We further do not guarantee that the User Content will be appropriate, accurate and without error.

  1. PLATFORM AVAILABILITY AND CHANGES

We instituted strict processes to ensure the Platform remains available and accessible to Users at all times. Despite this, we cannot guarantee that the Platform will be available on a continuous basis without interruption or error.

Certain factors beyond our reasonable control may affect the Platform’s operations and availability. You therefore acknowledge that we will not be responsible for any interruptions of service or issues affecting the Platform. Further, you acknowledge that we will not be responsible for any service interruptions, including power outages, system failures or other interruptions beyond our control.

Changes to the Platform

We reserve the right to make changes to the Platform, including, without limitation, updating content, removing content and editing, disabling, removing, condensing or otherwise changing the Features available on the Platform.

You acknowledge that information may quickly become outdated. We are unable to warrant or guarantee that the content available on the Platform will be accurate, valid, current and reliable. If you find any information published by the Platform to be outdated, erroneous or false, you may send us a notice by email.

  1. CONTENT MONITORING AND STANDARDS

We cannot review all Listings prior to their publication on the Platform. As such, we provide no guarantees as to the Listings and User content published on the Platform. You are solely responsible for any content you upload, share, send or otherwise transmit on the Platform, and you acknowledge that we are not liable for any infringing, objectionable or otherwise problematic content.

If you determine that content published on the Platform violates these Terms and Conditions, you may send us a written notice by email. Please ensure the notice sent contains a link to the content in question, the reasons for which you deem the content to be infringing or violating, and a written confirmation that the information contained in the notice is true and correct to the best of your knowledge.

Content Removal

We are under no obligation to remove any content from the Platform, however, we may, at our discretion, remove content that infringes these Terms and Conditions or an applicable law or regulation. Accordingly, we may remove, delete, suspend or otherwise edit any content, communications, messages or exchanges that are obscene, defamatory, obsessive or otherwise illicit, as determined by us at our discretion.

Infringement and Legal Recourses

We reserve the right to apply a wide range of sanctions against the infringing User. Such sanctions may include the removal of the infringing User’s account from the Platform, the suspension or termination of a User’s access to the Platform, and the reporting of such conduct to the appropriate authorities, without limitation. You waive any rights you may have or have against us, and fully release us, for applying any such sanctions, including cooperating with authorities, performing investigations or terminating your access to the Platform, without limitation.

We may disclose your identity or data to any third party to comply with a legal obligation or a court order.

  1. RATINGS AND REVIEWS

Users may submit a rating and a review pursuant to entering into a transaction with another User on the Platform. Such ratings and reviews may be submitted upon the completion of a rental, its decline or its cancelation. The reviews submitted by a User must comply with these Terms. Reviews consist of adding a comment to the rating provided. When writing a comment, you should ensure it is the truthful, accurate and fair.

Accordingly, the reviews submitted must be truthful, accurate and should be a proper reflection of the communication, service and/or Product rented.

Ratings and reviews will only be displayed on a User’s account once both the Renter and the Lender have reviewed each other.

We reserve the right to remove, delete or withdraw ratings or ratings which are problematic, not genuine or unreasonable, as determined by us at our sole discretion. We may also remove, delete or withdraw ratings and/or reviews that violate these Terms.

  1. COPYRIGHT POLICY

We comply with all applicable intellectual property and copyright laws. We are committed to preventing intellectual property and copyright infringement on the Platform.

In compliance with the terms of the Digital Millennium Copyright Act (the “DMCA”), we encourage Users to promptly report any potential copyright infringement to our attention. If you own or possess rights to a trademark or intellectual property and you have reason to believe your intellectual property or trademark has been published on the Platform in violation of your rights, please send us a written notice to this effect.

  1. PERSONAL INFORMATION

Our Privacy Policy is expressly incorporated in these Terms and Conditions by reference. All personal information provided on the Platform will be governed by the terms of the Privacy Policy.

  1. LINKS TO OTHER SITES

Users acknowledge any links to third party website, sites, or apps provided on the Platform are for reference purposes only. The third party website, sites, or apps referenced on the Platform are independent third parties to us.

You acknowledge that the inclusion of any links on the Platform does not imply our endorsement or any association with such third party links. These constitute independent third parties to us. The publication of the links, images, logos, and referrals on the Platform must not be interpreted as our affiliation with the same.

You agree that we will not be responsible for the accuracy or the third party website, sites, or apps, the availability of the same or any content provided under or as part of the same. Your use of the third party links will be subject to the third party’s policies and specific terms, and not the present Terms. You agree to use the third party links at your sole risk.

Links to Social Media Platforms

The Platform may include links to third party social media platforms (the “Social Media Platforms”), and may further allow Users to login to their accounts on the Platform via such Social Media Platforms. You acknowledge that we are not affiliated with the Social Media Platforms. The links to Social Media Platforms and the ability to login to your account on the Platform via Social Media Platforms are offered for convenience purposes only.

We do not endorse any of the Social Media Platform, unless explicitly stated otherwise. The inclusion of any links to Social Media Platforms on the Platform does not imply our endorsement or association with such Social Media Platforms. We make no representations and provide no guarantees with the respect to (i) the availability of the Social Media Platforms and (ii) the functionality of the Social Media Platforms.

  1. GEOGRAPHICAL RESTRICTIONS

The Platform is intended for Users located in the United States. We do not represent or guarantee that the Platform will be appropriate or available to Users located outside of the United States. Users of the Platform who do not reside in the United States recognize that all or part of the information on the Platform may not be available or suitable in regions outside the United States.

If a User chooses to access the Platform from outside the United States, the User will be responsible for complying with all laws applicable in the User’s country of residence.

  1. INDEMNITY

You agree to indemnify and hold us, our affiliates, members, employees, contractors, agents, officers, directors and consultants, harmless from and against all losses, damages, liabilities, costs and expenses in connection with any claims, actions, proceedings, investigations, loss, fines, penalties, fees, charges, damages, or suits brought by a third party, arising out of (i) your use of the Platform; (ii) your gross negligence, recklessness or intentionally wrongful act(s), (iii) your violation or breach of any covenant, agreement or obligation under these Terms and Conditions; (iv) any incorrectness in any representation or warranty made in connection with these Terms and Conditions; or and/or (v) your execution or non-performance of your obligations under these Terms and Conditions.

  1. LIMITED LIABILITY

Technical Issues

You recognize that technical issues may arise when using the Platform. Such issues may delay, suspend, terminate or completely prevent access to the Platform. We are not liable for any loss, damage or other adverse effects caused by the Platform. Further, we disclaim all liability for: (i) issues affecting our servers, including unauthorized access to personal information and data; (ii) service interruptions or other issues affecting the Platform, its Features or its servers; and (iii) a virus or other harmful component impairing the Platform or a device used to access the Platform. For purposes of these Terms and Conditions, harmful material include viruses, spyware, adware or other programs and codes intended to harm computer software or hardware.

Release

You hereby release, discharge, and hold us, our affiliates, members, employees, contractors, agents, officers, directors and consultants, harmless from any and all liability, claims, demands, actions, and causes of action whatsoever arising out of or related to any loss, damage, or injury, disputes with a third party or other claim that may be caused by or arising out of the use of the Platform, any Products provided as part of a rental or due to use or misuse of the Platform and/or any Products.

Exclusion of Damages

To the fullest extent permitted by applicable law, we exclude full liability for any losses and damages arising out of or in connection with the Platform and the Features, including but not limited to indirect, general, special, punitive, incidental damages. This exclusion of liability applies even if we were aware of the possibility of such damages arising.

Further, we are not liable for any indirect, special or consequential loss or damages arising from your access and/or usage of the Platform, including but not limited to loss of profits, loss of revenue, loss of business or anticipated earnings, loss of goodwill, loss of privacy, emotional distress, pain and suffering and personal injury.

Permitted Scope

The exclusions of warranty, limited liabilities, disclaimers and releases set forth in these Terms and Conditions are subject to the limitations and extent permitted by applicable laws. In the event of a conflict between the exclusion, limited liability, disclaimer or release and applicable laws, the applicable laws will prevail and control. The exclusion, limited liability, disclaimer or release will then be drafted to preserve the original intent while considering the legal limitations and obligations.

  1. DISCLAIMER OF WARRANTIES

The Platform and the Features are provided on an “as is” basis and “as available”, without any warranties or guarantees of any kind. Without limiting the generality of the foregoing, we do not guarantee that the Platform will continuously be accessible and available for usage without error, omissions or interruption.

To the fullest extent permitted by law, we disclaim all warranties, including those that are express, statutory or implied, such as implied warranties of title, non-infringement, merchantability and fitness for a particular purpose, and any warranties implied by any course of performance or usage of trade.

We do not provide any warranties regarding the accuracy of the descriptions of the Products and the quality of such Products listed and provided for rental purposes.

We cannot guarantee that issues or defects will be corrected in a timely manner or even corrected at all. Being aware of the risks associated with online activity, we cannot guarantee that the Platform will be free of harmful components. In consideration thereof, you agree to use the Platform at your sole risk.

  1. GOVERNING LAW

These Terms and Conditions are governed by and construed in accordance with the laws of the State of New York (excluding any conflict of laws rule or principle, which might refer to the laws of another jurisdiction).

  1. DISPUTE RESOLUTION AND MANDATORY ARBITRATION

All disputes arising out of or relating to these Terms and Conditions (each, a “Dispute”) will be governed and handled according to this Section.

Jurisdiction of the Courts

The following Disputes may be brought before the competent courts located in the State of New York: (i) a Dispute seeking an injunction or other equitable relief, or (ii) a Dispute to enforce any rights and obligations set forth in these Terms and Conditions.

Any Dispute will be resolved exclusively by mandatory arbitration, except for those subject to the jurisdiction of the courts, and unless you opted out of the arbitration process in accordance with these Terms.

Opting Out

To opt out of the arbitration process, you must send us a written request prior to creating an account on the Platform. We will review opting out requests, and we will approve those which comply with the requirements set forth in these Terms. Any approved opting out requests will result in Disputes being transferred to and handled by the competent court in the State of New York, rather than arbitration. Save and except for the foregoing, all Disputes will be submitted to mandatory arbitration.

Good Faith Negotiations

Prior to undertaking any arbitration proceeding, you agree to use your best efforts to resolve the Dispute informally by good faith negotiations.

Arbitration Proceedings

If the Dispute cannot be resolved amicably within a reasonable delay, the Dispute will be referred to arbitration. The arbitration proceedings will be administered in accordance with the standards set forth by the American Arbitration Association. The arbitration proceedings will be presided by one (1) arbitrator, unless the nature of the Dispute requires otherwise. The language used during the arbitral proceedings will be English. The arbitration award will be confirmed in writing.

The arbitration award may award damages and relief, similarly to a court of law. The arbitration award will be final and binding, not subject to appeal.

Nothing in this section will prevent us from seeking relief before a court of competent jurisdiction to protect our interests.

Remedies and Injunctions

You acknowledge that any breach of these Terms and Conditions may cause us significant harm and damages, especially if such breach relates to data security, intellectual property or unauthorized usage of the Platform. Further, monetary damages may not be a sufficient remedy for a breach of these Terms and Conditions. We will be entitled, without waiving any other rights or remedies, to such injunctive or equitable relief as may be deemed proper by a court of competent jurisdiction.

Cost Recovery

If any litigation or arbitration proceeding is commenced in connection with these Terms and Conditions, the prevailing party, as determined by the court or arbitrator, will be entitled to claim all reasonable attorney fees, legal costs and necessary disbursements incurred in such action or proceeding.

Waivers to Jury Trials Class Actions

All arbitration proceedings in connection with Disputes will be individual and not class arbitration. Accordingly, Disputes will be brought in your individual capacity, and not as part of a class action or consolidated as part of another party’s Dispute. You may not enter into any class action or consolidating claims with other users of the Platform. You further waive your right to a jury trial.

Time Frame

Any Dispute relating to these Terms and Conditions must be introduced within one (1) year of the event giving rise to the claim. Any Dispute introduced after the one (1) year delay will be barred.

  1. ASSIGNMENT AND WAIVERS

We may assign all or part of our rights and obligations hereunder to any person, entity, business or company. You may not assign all or part of your rights and obligations hereunder to any person, without our prior written consent. Any assignment in violation of the foregoing will be null and void.

No waiver of any of the provisions of these Terms and Conditions will be deemed or constitute a waiver of any other provision nor will such waiver constitute a continuing waiver unless otherwise expressly provided.

  1. NOTICES

Any notice, consent, authorization, direction or other communication required or permitted to be given under these Terms and Conditions will be provided in writing and delivered using any delivery method with proof of receipt to our headquarters or by email.

Runtize LLC

418 Broadway

Albany, NY

12207

Email:

The following are acceptable delivery methods: (i) U.S. mail with postage prepaid, (ii) certified mail, return receipt requested, or (iii) email with acknowledgement of receipt.

As we may communicate with you by email, you are responsible for providing your current and valid email address. If the email address you provided is invalid, any notice we sent to this email address will nonetheless be deemed effective as per these Terms.

  1. SEVERABILITY

If any provision of these Terms and Conditions is held to be invalid, unlawful or unenforceable by law or by a competent authority, the provision in question will be severed from the Terms and Conditions. The remaining provisions of these Terms will remain unaffected, valid and enforceable.

  1. ENTIRE AGREEMENT

These Terms and Conditions, together with any document referred to herein, constitutes the entire agreement between you and us with respect to the subject matter hereof. These Terms and Conditions supersede all prior negotiations and agreements between you and us regarding the subject matter hereof.

  1. QUESTIONS AND COMMENTS

You may submit questions and comments regarding these Terms and Conditions to us by sending an email. Any reported breaches of these Terms and Conditions should also be submitted to us by email.