Borrow Babe

Terms of Service

Draft — not yet in effect

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Effective [EFFECTIVE DATE]

These Terms are an agreement between you and [LEGAL ENTITY] ("Borrow Babe", "we", "us"). By creating an account or using the Borrow Babe app, you agree to them. If you do not agree, do not use the app.

1. What Borrow Babe is

Borrow Babe is a marketplace where members list clothing and accessories and other members ask to rent them. We provide the app. We do not own, inspect, clean, deliver or insure any item, and we are not a party to any rental. Each rental is an agreement between the owner and the renter.

2. Who can use it

You must be at least 18 years old and live in the United States. You may have one account, and the information you give us must be accurate. You are responsible for activity on your account. Tell us at support@borrowbabe.com if you think someone else has accessed it.

3. Listings

If you list an item, you confirm that:

  • you own it or have the right to rent it out;
  • your photos show the actual item, and your description, size, condition and price are accurate;
  • the item is clean, safe to wear and matches the condition you stated;
  • the dates you mark as available are dates you can really hand it over.

You set your own price. You may edit or remove a listing at any time, but you must honor rentals you have already approved.

4. Rental requests

A renter asks for specific dates and may add a message. The owner can approve or decline. A rental exists only once the owner approves it. After approval, the two of you arrange pickup and return through in-app messages. Meet in a public place and agree the return time in writing in the app.

Either person may cancel before pickup. Cancel as early as you can and tell the other person in the app. Repeated late cancellations or no-shows can lead to suspension.

5. Payment

Borrow Babe does not currently collect or hold payments, deposits or fees. The price shown in the app is what the owner asks; the owner and renter pay each other directly, by a method they both accept. We are not responsible for payments between members, and we cannot recover money for you. We may add payments through the app later, and these Terms will be updated before that happens.

6. Care, damage, loss and late returns

The renter is responsible for the item from pickup until it is back with the owner. The renter must:

  • return it on the agreed date, in the condition it was received, apart from normal light wear;
  • follow any care instructions the owner gave, and not alter, repair or professionally clean it without the owner's agreement;
  • tell the owner promptly if it is damaged, stained, lost or stolen.

If an item is damaged, lost or returned late, the owner and renter must resolve it between themselves, including any repair cost, replacement cost or late fee. Take dated photos at pickup and return. Borrow Babe does not provide insurance or any guarantee, and does not decide disputes, though we may suspend members who do not act in good faith.

7. Things you must not do

  • List counterfeit, stolen, recalled or unsafe items, or anything that is not clothing or accessories.
  • Post content that is sexually explicit, hateful, harassing, threatening, misleading or that infringes someone else's rights.
  • Harass, discriminate against or mislead another member.
  • Use the app to collect other members' personal information, or to send spam or advertising.
  • Create accounts by automated means, or try to get around a suspension or a block.
  • Interfere with the app, probe it for weaknesses, or access it other than through the app.
  • Use the app for anything illegal.

The Community Guidelines below are part of these Terms.

8. Your content

You keep ownership of the photos, descriptions, profile details and messages you post. You give Borrow Babe a non-exclusive, worldwide, royalty-free licence to host, store, display, resize and reproduce that content, only to run and promote the app. The licence ends when you delete the content or your account, except for copies kept as described in the Privacy Policy. You confirm you have the right to post everything you post, including the right to show any person who appears in your photos.

9. Reporting, blocking and moderation

You can report a listing or a member, and you can block a member, from inside the app. We review reports and aim to act within 24 hours. We may remove content, and warn, suspend or close an account, if we believe these Terms or the Community Guidelines have been broken, or if needed to protect members or the app. We are not required to monitor content and are not responsible for what members post.

10. Closing your account

You can delete your account at any time in the app under Profile. We may suspend or close your account if you break these Terms. Obligations from rentals you already agreed to continue after your account is closed.

11. Disclaimers

The app is provided "as is" and "as available". To the fullest extent the law allows, we make no warranties about the app, about any item, or about any member, including warranties of merchantability, fitness for a particular purpose and non-infringement. We do not verify members' identities, and we do not check the quality, safety, authenticity or legality of items. You use the app and meet other members at your own risk.

12. Limit of liability

To the fullest extent the law allows, Borrow Babe and its owners, employees and contractors are not liable for indirect, incidental, special, consequential or punitive damages, or for loss of profits, data or goodwill. Our total liability for all claims relating to the app is limited to the greater of US $100 or the fees you paid us in the 12 months before the claim. Some states do not allow these limits, so parts of this section may not apply to you.

13. Your responsibility to us

You agree to cover Borrow Babe's losses and reasonable legal costs arising from your content, your items, your rentals, or your breach of these Terms.

14. Disputes between members

Disputes about an item or a rental are between the owner and the renter. You release Borrow Babe from claims arising out of those disputes, to the extent the law allows.

15. Governing law and disputes with us

These Terms are governed by the laws of the State of [STATE], without regard to its conflict-of-law rules. Before filing a claim, contact us at support@borrowbabe.com and give us 30 days to try to resolve it. Any claim that is not resolved will be brought in the state or federal courts located in [STATE], unless the law where you live gives you the right to bring it elsewhere.

16. Apple

If you downloaded the app from the Apple App Store: these Terms are between you and Borrow Babe, not Apple. Apple is not responsible for the app or its content, has no obligation to provide maintenance or support, and is not responsible for any claims relating to the app. Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you. You must also follow the App Store's terms of service.

17. Changes

We may update these Terms. If a change is significant, we will tell you in the app or by email before it takes effect. If you keep using the app after the effective date, you accept the updated Terms.

18. Contact

[LEGAL ENTITY], [ADDRESS]. Email: support@borrowbabe.com.