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Legal

Terms of Service

Effective date: March 27, 2026

These Terms of Service ("Terms") govern your use of BorrowHive, operated by ActDaily, Inc. d/b/a BorrowHive ("BorrowHive," "we," "us," or "our"). By using BorrowHive, you agree to these Terms and our Privacy Policy.

1. Payment Processing (Stripe)

BorrowHive uses Stripe and Stripe Connect for payment processing, payouts, and certain compliance flows. By transacting on BorrowHive, you authorize required data sharing with Stripe for onboarding, risk, verification, and settlement.

2. SMS Communications (Twilio)

  • BorrowHive may send transactional and security SMS messages through Twilio-supported delivery flows.
  • Message and data rates may apply.
  • Reply STOP to cancel and HELP for help.
  • Mobile opt-in data is not shared with third parties for their independent marketing purposes.

3. Email Communications (Mailgun)

  • BorrowHive may send transactional and marketing emails through Mailgun-supported delivery flows.
  • Marketing emails include an unsubscribe link.

4. Eligibility and Account Responsibilities

  • You must be at least 18 years old and legally capable of entering binding agreements to use BorrowHive.
  • BorrowHive is not intended for minors, and you may not create an account or use the service if you are under 18.
  • You are responsible for account credentials, device security, and account activity.
  • You must provide accurate information and promptly update material changes.

5. Marketplace Role and User-to-User Transactions

BorrowHive provides a platform to connect renters and owners; BorrowHive is not the owner, maintainer, manufacturer, lessor, or insurer of listed equipment unless expressly stated.

  • Owners are responsible for listing accuracy, lawful ownership/authority, and item condition.
  • Renters are responsible for lawful/safe use, return condition, and contract compliance.
  • Users are responsible for local legal compliance, permits, and tax obligations as applicable.

6. Prohibited Conduct

  • Fraud, identity misrepresentation, charge abuse, or circumvention of trust/safety controls.
  • Listing stolen, unsafe, illegal, or materially misrepresented items.
  • Harassment, abuse, or unlawful behavior on or off platform tied to BorrowHive transactions.
  • Uploading or sending objectionable user-generated content, including threats, hateful conduct, explicit sexual content, or illegal instructions.
  • Attempts to compromise platform security, reliability, or data confidentiality.

7. Suspension, Termination, and Enforcement

BorrowHive may suspend, restrict, or terminate accounts or listings where risk, safety, legal, or policy concerns exist. We may cooperate with legal and regulatory requests consistent with applicable law.

8. Disclaimers

The platform is provided on an "as is" and "as available" basis to the maximum extent permitted by law. BorrowHive disclaims warranties of merchantability, fitness for a particular purpose, non-infringement, and uninterrupted availability.

BorrowHive does not warrant that any listed item is safe, fit, lawful, available, or compliant with your intended use.

9. Limitation of Liability

To the maximum extent permitted by law, BorrowHive is not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits/revenue/data/goodwill.

BorrowHive's aggregate liability for claims relating to these Terms or platform use will not exceed the greater of (a) USD $100 or (b) amounts paid by you to BorrowHive service fees in the 12 months before the event giving rise to the claim.

10. Indemnification

You agree to defend, indemnify, and hold harmless BorrowHive and its affiliates, officers, employees, and agents from claims, losses, liabilities, and expenses (including reasonable legal fees) arising from your conduct, listings, rentals, content, or breach of these Terms.

11. Dispute Resolution and Governing Law

  • Governing law: State of Colorado, without regard to conflict-of-laws rules.
  • Disputes are resolved by binding arbitration in Arapahoe County, Colorado, except where small-claims relief is available.
  • Class, collective, and representative actions are waived to the extent allowed by law.
  • Either party may seek injunctive relief for misuse of confidential information or IP rights.

12. Changes to Terms

BorrowHive may update these Terms. Updated terms are effective when posted unless a later date is stated. Continued use after an update constitutes acceptance of revised Terms.