Information about Fretish

Terms of use

Fretish™ terms of use

Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Fretish Platform, you agree to comply with and be bound by these Terms of Service.

Please note: Section 19 of these Terms of Service contains an arbitration clause and class action waiver that applies to all Fretish Members. If you reside in the United States, this provision applies to all disputes with Fretish. If you reside outside of the United States, this provision applies to any action you bring against Fretish in the United States. It affects how disputes with Fretish are resolved. By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

Last Updated: July 2, 2017

Thank you for using Fretish!

These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and Fretish (as defined below) governing your access to and use of the Fretish website, including any subdomains thereof, and any other websites through which Fretish makes the Fretish Services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "Fretish Services"). The Site, Application and Fretish Services together are hereinafter collectively referred to as the “Fretish Platform”. Our Owner Guarantee Terms, Renter Refund Policy, Nondiscrimination Policy and other Policies applicable to your use of the Fretish Platform are incorporated by reference into this Agreement.

When these Terms mention “Fretish,” “we,” “us,” or “our,” it refers to the Fretish company you are contracting with.

If you reside in the United States, you are contracting with Austin Siena, LLC (dba Fretish), Boston, MA 02116, United States.

Our collection and use of personal information in connection with your access to and use of the Fretish Platform is described in our Privacy Policy.

Any and all payment processing services through or in connection with your use of the Fretish Platform ("Payment Services") are provided to you by one or more Fretish Payments entities (individually and collectively, as appropriate, "Fretish Payments") as set out in the Payments Terms of Service ("Payments Terms").

Owners alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings and Owner Services. Owners are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Owner Services they offer. Certain types of Owner Services may be prohibited altogether. Penalties may include fines or other enforcement. We provide some information in our Help Center to help you identify some of the obligations that apply to you. If you have questions about how local laws apply to your Listing(s) and Owner Service(s) on Fretish, you should always seek legal guidance.

Table of Contents

Scope of Fretish Services
Eligibility, Using the Fretish Platform, Member Verification
Modification of these Terms
Account Registration
Content
Service Fees
Terms specific for Owners
Terms specific for Renters
Booking Modifications, Cancellations and Refunds, Resolution Center
Ratings and Reviews
Damage to Equipment, Disputes between Members
Rounding off, Currency conversion
Taxes
Prohibited Activities
Term and Termination, Suspension and other Measures
Disclaimers
Liability
Indemnification
Dispute Resolution
Feedback
Applicable Law and Jurisdiction
General Provisions

1. Scope of Fretish Services

1.1 The Fretish Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Owners” and the services they offer are “Owner Services”) to publish such Owner Services on the Fretish Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Owner Services (Members using Owner Services are “Renters”). Owner Services may include the offering of guitars, basses, amplifiers or other musical instruments for use ("Equipment"), single or multi-day activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other music and non-music related services.

1.2 As the provider of the Fretish Platform, Fretish does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Owner Services. Owners alone are responsible for their Listings and Owner Services. When Members make or accept a booking, they are entering into a contract directly with each other. Fretish is not and does not become a party to or other participant in any contractual relationship between Members, nor is Fretish a music instrument broker or insurer. Fretish is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.

1.3 While we may help facilitate the resolution of disputes, Fretish has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Owner Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Fretish does not endorse any Member, Listing or Owner Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Fretish about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to book/pick up/return Equipment, participate in an Experience or Event or use other Owner Services, accept a booking request from a Renter, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Fretish of any Owner or Listing.

1.4 If you choose to use the Fretish Platform as a Owner or Co-Owner (as defined below), your relationship with Fretish is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Fretish for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Fretish.

1.5 To promote the Fretish Platform and to increase the exposure of Listings to potential Renters, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Fretish cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Fretish Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and noninfringement.

1.6 The Fretish Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Fretish is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Fretish of such Third-Party Services.

1.7 Due to the nature of the Internet, Fretish cannot guarantee the continuous and uninterrupted availability and accessibility of the Fretish Platform. Fretish may restrict the availability of the Fretish Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Fretish Platform. Fretish may improve, enhance and modify the Fretish Platform and introduce new Fretish Services from time to time.

2. Eligibility, Using the Fretish Platform, Member Verification

2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the Fretish Platform or register a Fretish Account. By accessing or using the Fretish Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.

2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Owner Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

2.3 Fretish may make the access to and use of the Fretish Platform, or certain areas or features of the Fretish Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or booking and cancellation history.

2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

2.5 The access to or use of certain areas and features of the Fretish Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Fretish Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.

2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Fretish Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

3. Modification of these Terms

Fretish reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Fretish Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Fretish Platform will constitute acceptance of the revised Terms.

4. Account Registration

4.1 You must register an account ("Fretish Account") to access and use certain features of the Fretish Platform, such as publishing or booking a Listing. If you are registering a Fretish Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

4.2 You can register a Fretish Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook ("SNS Account"). You have the ability to disable the connection between your Fretish Account and your SNS Account at any time, by accessing the "Settings" section of the Fretish Platform.

4.3 You must provide accurate, current and complete information during the registration process and keep your Fretish Account and public Fretish Account profile page information up-to-date at all times.

4.4 You may not register more than one (1) Fretish Account unless Fretish authorizes you to do so. You may not assign or otherwise transfer your Fretish Account to another party.

4.5 You are responsible for maintaining the confidentiality and security of your Fretish Account credentials and may not disclose your credentials to any third party. You must immediately notify Fretish if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Fretish Account. You are liable for any and all activities conducted through your Fretish Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

4.6 Fretish may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Fretish Account. For example, we may allow Members associated with an Enterprise (as defined in our Privacy Policy) to book for other Members, or we may allow Owners to add other Members as Co-Owners (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Fretish to ask for your credentials, and you shall not request the credentials of another Member.

5. Content

5.1 Fretish may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Fretish Platform ("Member Content"); and (ii) access and view Member Content and any content that Fretish itself makes available on or through the Fretish Platform, including proprietary Fretish content and any content licensed or authorized for use by or through Fretish from a third party ("Fretish Content" and together with Member Content, "Collective Content").

5.2 The Fretish Platform, Fretish Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Fretish Platform and Fretish Content, including all associated intellectual property rights, are the exclusive property of Fretish and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Fretish Platform, Fretish Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Fretish used on or in connection with the Fretish Platform and Fretish Content are trademarks or registered trademarks of Fretish in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Fretish Platform, Fretish Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Fretish Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Fretish or its licensors, except for the licenses and rights expressly granted in these Terms.

5.4 Subject to your compliance with these Terms, Fretish grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Fretish Platform and accessible to you, solely for your personal and non-commercial use.

5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Fretish Platform, you grant to Fretish a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Fretish Platform, in any media or platform. Unless you provide specific consent, Fretish does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.

5.6 Fretish may offer Owners the option of having professional photographers take photographs of their Owner Services, which are made available by the photographer to Owners to include in their Listings with or without a watermark or tag bearing the words "Fretish.com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Owner Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Fretish Platform if they no longer accurately represent your Listing, if you stop owning the Owner Service featured, or if your Fretish Account is terminated or suspended for any reason. You acknowledge and agree that Fretish shall have the right to use any Verified Images in advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where Fretish is not the exclusive owner of Verified Images, by using such Verified Images on or through the Fretish Platform, you grant to Fretish an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Fretish in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Fretish Platform solely for your personal and non-commercial use.

5.7 You are solely responsible for all Member Content that you make available on or through the Fretish Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Fretish Platform or you have all rights, licenses, consents and releases that are necessary to grant to Fretish the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Fretish's use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates Fretish’s Content Policy or any other Fretish policy. Fretish may, without prior notice, remove or disable access to any Member Content that Fretish finds to be in violation of these Terms or Fretish’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Fretish, its Members, third parties, or property.

5.9 Fretish respects copyright law and expects its Members to do the same. If you believe that any content on the Fretish Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.

6. Service Fees

6.1 Fretish may charge fees to Owners ("Owner Fees") and/or Renters ("Renter Fees") (collectively, "Service Fees") in consideration for the use of the Fretish Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.

6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to an Owner or Renter prior to publishing or booking a Listing. Fretish reserves the right to change the Service Fees at any time, and we will provide Members adequate notice of any fee changes before they become effective.

6.3 You are responsible for paying any Service Fees that you owe to Fretish. The applicable Service Fees are due and payable and collected by Fretish Payments pursuant to the Payments Terms. Except as otherwise provided on the Fretish Platform, Service Fees are non-refundable.

7. Terms specific for Owners

7.1 Terms applicable to all Listings

7.1.1 When creating a Listing through the Fretish Platform you must (i) provide complete and accurate information about your Owner Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as use of tremolo) and requirements that apply (such as any minimum age, proficiency or additional requirements for an Experience) and (iii) provide any other pertinent information requested by Fretish. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

7.1.2 You are solely responsible for setting a price (including any Taxes if applicable) for your Listing (“Listing Fee”). Once a Renter requests a booking of your Listing, you may not request that the Renter pays a higher price than in the booking request.

7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the cancellation policy you have selected for your Listing.

7.1.4 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Owner Services. Fretish reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

7.1.5 The placement and ranking of Listings in search results on the Fretish Platform may vary and depend on a variety of factors, such as Renter search parameters and preferences, Owner requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Owner Service, and/or ease of booking.

7.1.6 When you accept or have pre-approved a booking request by a Renter, you are entering into a legally binding agreement with the Renter and are required to provide your Owner Service(s) to the Renter as described in your Listing when the booking request is made. You also agree to pay the applicable Owner Fee and any applicable Taxes, which will be collected pursuant to the Payments Terms.

7.1.7 Fretish recommends that Owners obtain appropriate insurance for their Owner Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Renters (and the individuals the Renter has booked for, if applicable) while staying at your Equipment or participating in your Experience, Event or other Owner Service.

7.2 Listing Equipment

7.2.1 You may only list one piece of Equipment (e.g., guitar) per Listing.

7.2.2 If you choose to require a security deposit for your Equipment, you must specify this in your Listing ("Security Deposit"). Owners are not allowed to ask for a Security Deposit after a booking has been confirmed or outside of the Fretish Platform. Fretish will use commercially reasonable efforts to address Owners’ requests and claims related to Security Deposits, but Fretish is not responsible for administering or accepting any claims by Owners related to Security Deposits.

7.2.3 You represent and warrant that any Listing you post and the booking of, or a Renter's use of Equipment will (i) not breach any agreements you have entered into with any third parties, such as shared instrument ownership, or other agreements, and (ii) comply with all applicable laws, Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Owner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Equipment at your request or invitation, excluding the Renter (and the individuals the Renter invites to the Equipment, if applicable).

7.3 Listing Experiences, Events and other Owner Services

7.3.1 To list an Experience, Event or other Owner Service, you must create a Listing and submit the Experience, Event or Owner Service to Fretish. To be considered for publishing on the Fretish Platform, Experiences, Events or other Owner Services must at all times meet the quality standards for Experiences and meet Renter demand. Fretish reserves the right to decide, in its sole discretion, if a submitted Experience, Event or other Owner Service will be published on the Fretish Platform.

7.3.2 When listing an Experience, Event or other Owner Service you must, where applicable, fully educate and inform Renters about (i) any risks inherent to the Experience, Event or other Owner Service, (ii) any requirements for participation, such as the minimum age, related skills, level of fitness or other requirements, and (iii) anything else they may need to know to safely participate in the Experience, Event or other Owner Service (including dress codes, equipment, special certifications or licenses, etc.).

7.3.3 If you wish to list an Experience on behalf of a Nonprofit (“Social Impact Experience”), you must comply with the eligibility requirements for hosting a Social Impact Experience. When listing a Social Impact Experience you (i) represent and warrant that you are duly authorized to act on behalf of your Nonprofit and (ii) acknowledge and agree that all payouts will be directed to an account owned by your Nonprofit. You and your Nonprofit acknowledge that listing a Social Impact Experience does not create a commercial fundraising or co-venturer, or charitable trust relationship with Fretish and Fretish is not a professional fundraiser or commercial participator. Nonprofits, and not Fretish, are responsible for determining what, if any, portion of their Listing Fee is a charitable contribution and for providing Renters charitable tax receipts for any applicable charitable contributions. You and your Nonprofit are solely responsible for complying with all laws that apply to your organization and your Social Impact Experience.

7.3.4 You represent and warrant that you (i) understand and comply with all laws, rules and regulations that may apply to your Experience, Event or other Owner Service(s), and (ii) will obtain any required licenses, permits, or registrations prior to providing your Experience, Event or other Owner Service(s). You can find additional information about some of the legal obligations that may apply to you on our Responsible Ownering pages.

7.3.5 You must provide an Experience, Event or other Owner Service in person and may not allow any third party to provide the Experience, Event or other Owner Service on your behalf, unless authorized by Fretish.

7.4 Co-Owners

7.4.1 Fretish may enable Owners to authorize other Members (“Co-Owners”) to administer the Owner’s Listing(s), and to bind the Owner and take certain actions in relation to the Listing(s) as permitted by the Owner, such as accepting booking requests, messaging and welcoming Renters, and updating the Listing Fee and calendar availability (collectively, “Co-Owner Services”). Any agreement formed between Owner and Co-Owner may not conflict with these Terms and the Payments Terms. Co-Owners may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by Fretish. Fretish reserves the right, in our sole discretion, to limit the number of Co-Owners a Owner may invite for each Listing and to limit the number of Listings a Co-Owner may manage.

7.4.2 Owners and Co-Owners may agree on a fee (“Co-Owner Services Fee”) in consideration for the Co-Owner Services provided by the Co-Owner. When such an agreement is made, the Owner agrees to pay the Co-Owner Services Fee for any confirmed booking of their Listing, which will be deducted directly from the Listing Fee after deduction of any applicable Owner Fee. In addition, Owners may instruct a Co-Owner to provide certain one-time services in relation to their Listing. Owners can pay Co-Owners for one-time services and any other expenses using the Resolution Center. Fretish Payments will process Co-Owner Services Fees and Resolution Center payments pursuant to the Payments Terms.

7.4.3 Owners and Co-Owners agree that each activity, booking, or other transaction reported on the Fretish Platform, including any Co-Owner Services provided by the Co-Owner and any amounts due from a Owner to the Co-Owner for the provision of such services, will be deemed accurate, correct and binding, unless challenged, by notifying the other person and Fretish, within 21 days of posting the disputed activity, booking or other transaction on the Fretish Platform.

7.4.4 Owners should exercise due diligence and care when deciding who to add as a Co-Owner to their Listing(s). Owners remain solely responsible and liable for any and all Listings and Member Content published on the Fretish Platform, including any Listing created by a Co-Owner on their behalf. Further, Owners remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-Owner(s). Co-Owners remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-Owner, including, but not limited to, conduct that causes harm or damage to the Owner. In addition, both Owner and Co-Owner are jointly responsible and severally liable for third party claims, including Renter claims, arising from the acts and omissions of the other person as related to Ownering activities, communications with Renters, and the provision of any Co-Owner Services.

7.4.5 Unless agreed otherwise by Owner and Co-Owner, Owner and Co-Owner may terminate the Co-Owner agreement at any time. In addition, both Owner and Co-Owner acknowledge that their Co-Ownering relationship will terminate in the event that Fretish (i) terminates the Co-Owner service or (ii) terminates either party’s participation in the Co-Owner service. When the Co-Owner agreement is terminated, the Owner will remain responsible for all of the Co-Owner’s actions prior to the termination, including the responsibility to fulfill any pending or future bookings initiated prior to the termination. When a Member is removed as a Co-Owner, that Member will no longer have access to any Owner or Renter information related to the applicable Owner’s Listing(s). In addition, Owner agrees to pay Co-Owner for all Co-Owner Services completed prior to Co-Owner’s termination within 14 days of Co-Owner’s termination via the Resolution Center. A Co-Owner will not be entitled to any fees for any Co-Owner Services that have not been completed prior to the Co-Owner’s termination.

7.4.6 As a Co-Owner, you will not be reviewed by Renters, meaning that your Co-Owner activities will not affect your Reviews or Ratings for other Listings for which you are a Owner. Instead, the Owner of such Listing(s) will be reviewed by Renters (including potentially on the basis of the Co-Owner’s conduct and performance). Owners acknowledge that Reviews and Ratings from Renters for their Listing(s) may be impacted by a Co-Owner’s conduct and performance.

8. Terms specific for Renters

8.1 Terms applicable to all bookings

8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by the Owner, you can book a Listing available on the Fretish Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Renter Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Fretish Account.

8.1.2 Upon receipt of a booking confirmation from Fretish, a legally binding agreement is formed between you and your Owner, subject to any additional terms and conditions of the Owner that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Fretish Payments will collect the Total Fees at the time of the booking request or upon the Owner’s confirmation pursuant to the Payments Terms.

8.1.3 If you book a Owner Service on behalf of additional Renters, you are required to ensure that every additional Renter meets any requirements set by the Owner, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Owner. If you are booking for an additional Renter who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only participate in an Experience, Event or other Owner Service if accompanied by an adult who is responsible for them.

8.2 Booking Equipment

8.2.1 You understand that a confirmed booking of Equipment (“Equipment Booking”) is a limited license granted to you by the Owner to receive, play and use the Equipment for the duration of your rental period, during which time the Owner (only where and to the extent permitted by applicable law) retains the right to re-use the Equipment, in accordance with your agreement with the Owner.

8.2.2 You agree to return the Equipment no later than the drop-off time that the Owner specifies in the Listing or such other time as mutually agreed upon between you and the Owner. If you retain Equipment past the agreed upon drop-off time without the Owner's consent (“Late Return/Overstay”), you no longer have a license to play/use the Equipment and the Owner is entitled to make you return Equipment in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Owner, for each twenty-four (24) hour period (or any portion thereof) that you Overstay, an additional daily fee of up to two (2) times the average daily Listing Fee originally paid by you to cover the inconvenience suffered by the Owner, plus all applicable Renter Fees, Taxes, and any legal expenses incurred by the Owner to make you leave (collectively, "Overstay Fees"). Overstay Fees for late returns on the drop-off date that do not impact upcoming bookings may be limited to the additional costs incurred by the Owner as a result of such Overstay. Fretish Payments will collect Overstay Fees from you pursuant to the Payments Terms. A Security Deposit, if required by a Owner, may be applied to any Overstay Fees due for a Renter’s Overstay.

8.3 Booking Experiences, Events and other Owner Services

8.3.1 You should carefully review the description of any Experience, Event or other Owner Service you intend to book to ensure you (and any additional Renters you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Owner has specified in their Listing. You are required to inform the Owner of any medical or physical conditions, or other circumstances that may impact your and any additional Renter’s ability to safely participate in any Experience, Event or other Owner Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Owner Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Owner Service.

8.3.2 Before and during an Experience, Event or other Owner Service you must at all times adhere to the Owners’ instructions.

8.3.3 You may not bring any additional individuals to an Experience, Event or other Owner Service unless such an individual was added by you as an additional Renter during the booking process on the Fretish Platform.

9. Booking Modifications, Cancellations and Refunds, Resolution Center

9.1 Owners and Renters are responsible for any modifications to a booking that they make via the Fretish Platform or direct Fretish customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Owner Fees or Renter Fees and/or Taxes associated with such Booking Modifications.

9.2 Renters can cancel a confirmed booking 24 hours prior to pick-up time subject to the Listing’s cancellation policy, and Fretish Payments will provide any refund to the Renter in accordance with such cancellation policy. Unless extenuating circumstances exist, any amounts due to the Owner under the applicable cancellation policy will be remitted to the Owner by Fretish Payments pursuant to the Payments Terms.

9.3 If an Owner cancels a confirmed booking, the Renter will receive a full refund of the Total Fees for such booking and Fretish may publish an automated review on the Listing cancelled by the Owner indicating that a booking was cancelled. In addition, Fretish may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Owner has a valid reason for cancelling the booking pursuant to Fretish’s Extenuating Circumstances Policy or has legitimate concerns about the Renter’s behavior.

9.4 For Experiences, Events and other Owner Services, if inclement weather creates an unsafe or uncomfortable scenario for Renters, Owners may modify or cancel a Owner Service. If there is a substantial change in the itinerary or the Owner Service needs to be cancelled, Fretish will work with the Owner to provide Renters an alternative date for the Owner Service, an appropriate refund or a rebooking.

9.5 In certain circumstances, Fretish may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth in Fretish's Extenuating Circumstances Policy or (i) where Fretish believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Fretish, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.

9.6 If a Renter suffers an “Extraordinary Issue” pursuant to the Renter Refund Policy, Fretish may determine, in its sole discretion, to refund the Renter part or all of the Total Fees in accordance with the Renter Refund Policy.

9.7 Members may use the Resolution Center to send or request money for refunds, additional Owner Services, Co-Owner Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your Fretish Account, and Fretish Payments will handle all such payments pursuant to the Payments Terms.

10. Ratings and Reviews

10.1 Within a certain timeframe after completing a booking, Renters and Owners can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Any Ratings or Reviews reflect the opinion of individual Members and do not reflect the opinion of Fretish. Ratings and Reviews are not verified by Fretish for accuracy and may be incorrect or misleading.

10.2 Ratings and Reviews by Renters and Owners must be fair, truthful and factual and may not contain any offensive or defamatory language. Ratings and Reviews must comply with Fretish’s Content Policy and Extortion Policy.

10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party write a positive or negative Review about another Member.

11. Damage to Equipment, Disputes between Members

11.1 As a Renter, you are responsible for returning the Equipment (including any “peripherals” - e.g., straps, cables, tuners, etc. - that came with the Equipment) in the condition it was in when you received it. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Equipment, excluding the Owner (and the individuals the Owner invites to the Equipment, if applicable).

11.2 If an Owner claims and provides evidence that you as a Renter have damaged Equipment or any peripherals that came with the Equipment ("Damage Claim"), the Owner can seek payment from you through the Resolution Center. If an Owner escalates a Damage Claim to Fretish, you will be given an opportunity to respond. If you agree to pay the Owner, or Fretish determines in its sole discretion that you are responsible for the Damage Claim, Fretish Payments will collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. Fretish also reserves the right to otherwise collect payment from you and pursue any remedies available to Fretish in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Owners under the Fretish Owner Guarantee.

11.3 Members agree to cooperate with and assist Fretish in good faith, and to provide Fretish with such information and take such actions as may be reasonably requested by Fretish, in connection with any Damage Claims or other complaints or claims made by Members relating to Equipment or any personal or other property located at an Equipment (including, without limitation, payment requests made under the Fretish Owner Guarantee), Experiences, or Co-Owner agreements. A Member shall, upon Fretish's reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Fretish or a third party selected by Fretish or its insurer, with respect to losses for which a Member is requesting payment from Fretish (including but not limited to payments under the Fretish Owner Guarantee).

11.4 If you are a Renter or a Co-Owner, you understand and agree that Fretish may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to Equipment or any peripherals that came with the Equipment (including without limitation amounts paid by Fretish under the Fretish Owner Guarantee). You agree to cooperate with and assist Fretish in good faith, and to provide Fretish with such information as may be reasonably requested by Fretish, to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as Fretish may reasonably request to assist Fretish in accomplishing the foregoing.

12. Rounding off, Currency conversion

12.1 Fretish may, in its sole discretion, round up or round down amounts that are payable from or to Renters or Owners to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, euro or other supported currency); for example, Fretish will round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00. For currencies that are denominated in large numbers, Fretish may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; for example, Fretish may round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 837,500 up to 838,000 and 837,499 down to 837,000.

12.2 The Fretish Platform facilitates bookings between Renters and Owners who may prefer to pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. Although the Fretish Platform allows Members to view the price of Listings in a number of currencies, the currencies available for Members to make and receive payments may be limited, and may not include the default currency in any given geographic location. Details regarding currency conversion, including any associated fees, are detailed in the Payments Terms.

13. Taxes

13.1 As a Owner you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, or income taxes ("Taxes").

13.2 Tax regulations may require us to collect appropriate Tax information from Owners, or to withhold Taxes from payouts to Owners, or both. If a Owner fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.

13.3 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Equipment is located may require Taxes to be collected from Renters or Owners on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Owners, a set amount per day, or other variations.

13.4 In certain jurisdictions, Fretish may decide in its sole discretion to facilitate collection and remittance of Instrument Rental Taxes from or on behalf of Renters or Owners, in accordance these Terms ("Collection and Remittance") if such jurisdiction asserts Fretish or Owners have an Instrument Rental collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize Fretish (via Fretish Payments) to collect Instrument Rental Taxes from Renters on the Owner's behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. The amount of Instrument Rental Taxes, if any, collected and remitted by Fretish will be visible to and separately stated to both Renters and Owners on their respective transaction documents. Where Fretish is facilitating Collection and Remittance, Owners are not permitted to collect any Instrument Rental Taxes being collected by Fretish relating to their Equipment in that jurisdiction.

13.5 You agree that any claim or cause of action relating to Fretish's facilitation of Collection and Remittance of Instrument Rental Taxes shall not extend to any supplier or vendor that may be used by Fretish in connection with facilitation of Collection and Remittance, if any. Renters and Owners agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Fretish from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

13.6 Fretish reserves the right, with prior notice to Owners, to cease the Collection and Remittance in any jurisdiction for any reason at which point Owners and Renters are once again solely responsible and liable for the collection and/or remittance of any and all Instrument Rental Taxes that may apply to Equipment in that jurisdiction.

14. Prohibited Activities

14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Fretish Platform. In connection with your use of the Fretish Platform, you will not and will not assist or enable others to:

breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
use the Fretish Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Fretish endorsement, partnership or otherwise misleads others as to your affiliation with Fretish;
copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Fretish Platform in any way that is inconsistent with Fretish’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;
use the Fretish Platform in connection with the distribution of unsolicited commercial messages ("spam");
offer, as a Owner, any Equipment that you do not yourself own or have permission to make available as a residential or other property through the Fretish Platform;
unless Fretish explicitly permits otherwise, book any Listing if you will not actually be using the Owner Services yourself;
contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member's use of the Fretish Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval;
use the Fretish Platform to request, make or accept a booking independent of the Fretish Platform, to circumvent any Service Fees or for any other reason;
request, accept or make any payment for Listing Fees outside of the Fretish Platform or Fretish Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Fretish harmless from any liability for such payment;
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
use, display, mirror or frame the Fretish Platform or Collective Content, or any individual element within the Fretish Platform, Fretish's name, any Fretish trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Fretish Platform, without Fretish's express written consent;
dilute, tarnish or otherwise harm the Fretish brand in any way, including through unauthorized use of Collective Content, registering and/or using Fretish or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Fretish domains, trademarks, taglines, promotional campaigns or Collective Content;
use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Fretish Platform for any purpose;
avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Fretish or any of Fretish's providers or any other third party to protect the Fretish Platform;
attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Fretish Platform;
take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Fretish Platform;
export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or violate or infringe anyone else’s rights or otherwise cause harm to anyone.

14.2 You acknowledge that Fretish has no obligation to monitor the access to or use of the Fretish Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Fretish Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Fretish in good faith, and to provide Fretish with such information and take such actions as may be reasonably requested by Fretish with respect to any investigation undertaken by Fretish or a representative of Fretish regarding the use or abuse of the Fretish Platform.

14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Fretish by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

15. Term and Termination, Suspension and other Measures

15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Fretish terminate the Agreement in accordance with this provision.

15.2 You may terminate this Agreement at any time via the "Cancel Account" feature on the Fretish Platform or by sending us an email. If you cancel your Fretish Account as a Owner, any confirmed booking(s) will be automatically cancelled and your Renters will receive a full refund. If you cancel your Fretish Account as a Renter, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.

15.3 Without limiting our rights specified below, Fretish may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.

15.4 Fretish may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Fretish believes in good faith that such action is reasonably necessary to protect the personal safety or property of Fretish, its Members, or third parties (for example in the case of fraudulent behavior of a Member).

15.5 In addition, Fretish may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Fretish Account registration, Listing process or thereafter, (iv) you and/or your Listings or Owner Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Fretish otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Fretish believes in good faith that such action is reasonably necessary to protect the personal safety or property of Fretish, its Members, or third parties, or to prevent fraud or other illegal activity:

refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content;
cancel any pending or confirmed bookings;
limit your access to or use of the Fretish Platform;
temporarily or permanently revoke any special status associated with your Fretish Account; or
temporarily or in case of severe or repeated offenses permanently suspend your Fretish Account.
In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Fretish and an opportunity to resolve the issue to Fretish's reasonable satisfaction.

15.6 If we take any of the measures described above (i) we may refund your Renters in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

15.7 When this Agreement has been terminated, you are not entitled to a restoration of your Fretish Account or any of your Member Content. If your access to or use of the Fretish Platform has been limited or your Fretish Account has been suspended or this Agreement has been terminated by us, you may not register a new Fretish Account or access and use the Fretish Platform through an Fretish Account of another Member.

15.8 Unless you reside in Germany, if you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.

16. Disclaimers

If you choose to use the Fretish Platform or Collective Content, you do so voluntarily and at your sole risk. The Fretish Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.

You agree that you have had whatever opportunity you deem necessary to investigate the Fretish Services, laws, rules, or regulations that may be applicable to your Listings and/or Owner Services you are receiving and that you are not relying upon any statement of law or fact made by Fretish relating to a Listing.

If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

You agree that some Experiences, Events or other Owner Services may carry inherent risk, and by participating in those Owner Services, you choose to assume those risks voluntarily. For example, some Owner Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Owner Services. You assume full responsibility for the choices you make before, during and after your participation in a Owner Service. If you are bringing a minor as an additional Renter, you are solely responsible for the supervision of that minor throughout the duration of your Owner Service and to the maximum extent permitted by law, you agree to release and hold harmless Fretish from all liabilities and claims that arise in any way from any injury, death, loss or harm that occurs to that minor during the Owner Service or in any way related to your Owner Service.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

17. Liability

17.1 Unless you reside in the EU, you acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Fretish Platform and Collective Content, your publishing or booking of any Listing via the Fretish Platform, your use of any Equipment, participation in any Experience or Event or use of any other Owner Service or any other interaction you have with other Members whether in person or online remains with you. Neither Fretish nor any other party involved in creating, producing, or delivering the Fretish Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Fretish Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Fretish Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Owner Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Fretish has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Owners pursuant to these Terms or an approved payment request under the Fretish Owner Guarantee, in no event will Fretish’s aggregate liability arising out of or in connection with these Terms and your use of the Fretish Platform including, but not limited to, from your publishing or booking of any Listings via the Fretish Platform, or from the use of or inability to use the Fretish Platform or Collective Content and in connection with any Equipment, Experiences, Event or other Owner Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Fretish Platform as a Renter in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Owner, the amounts paid by Fretish to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Fretish and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Fretish’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.

17.2 If you reside in the EU, Fretish is liable under statutory provisions for intent and gross negligence by us, our legal representatives, directors, or other vicarious agents. The same applies to the assumption of guarantees or any other strict liability, or in case of a culpable injury to life, limb, or health. Fretish is liable for any negligent breaches of essential contractual obligations by us, our legal representatives, directors, or other vicarious agents. Essential contractual obligations are such duties of Fretish in whose proper fulfilment you regularly trust and must trust for the proper execution of the contract but the amount shall be limited to the typically occurring foreseeable damage. Any additional liability of Fretish is excluded.

18. Indemnification

You agree to release, defend (at Fretish’s option), indemnify, and hold Fretish and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies or Standards, (ii) your improper use of the Fretish Platform or any Fretish Services, (iii) your interaction with any Member, use of Equipment, participation in an Experience, Event or other Owner Service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) Fretish’s Collection and Remittance of Instrument Rental Taxes, or (v) your breach of any laws, regulations or third party rights.

19. Dispute Resolution and Arbitration Agreement

19.1 This Dispute Resolution and Arbitration Agreement shall apply if you (i) reside in the United States; or (ii) do not reside in the United States, but bring any claim against Fretish in the United States (to the extent not in conflict with Section 21).

19.2 Overview of Dispute Resolution Process. Fretish is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom Section 19.1 applies: (1) an informal negotiation directly with Fretish’s customer service team, and (2) a binding arbitration administered by the American Arbitration Association (“AAA”) using its specially designed Consumer Arbitration Rules (as modified by this Section 19). Specifically, the process provides:

Claims can be filed with AAA online (www.adr.org);
Arbitrators must be neutral and no party may unilaterally select an arbitrator;
Arbitrators must disclose any bias, interest in the result of the arbitration, or relationship with any party;
Parties retain the right to seek relief in small claims court for certain claims, at their option;
The initial filing fee for the consumer is capped at $200;
The consumer gets to elect the hearing location and can elect to participate live, by phone, video conference, or, for claims under $25,000, by the submission of documents;
The arbitrator can grant any remedy that the parties could have received in court to resolve the party’s individual claim.

19.3 Pre-Arbitration Dispute Resolution and Notification. Prior to initiating an arbitration, you and Fretish each agree to notify the other party of the dispute and attempt to negotiate an informal resolution to it first. We will contact you at the email address you have provided to us; you can contact Fretish’s customer service team by emailing us. If after a good faith effort to negotiate one of us feels the dispute has not and cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration. In order to initiate arbitration, a claim must be filed with the AAA and the written Demand for Arbitration (available at www.adr.org) provided to the other party, as specified in the AAA Rules.

19.4 Agreement to Arbitrate. You and Fretish mutually agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement or interpretation thereof, or to the use of the Fretish Platform, the Owner Services, or the Collective Content (collectively, “Disputes”) will be settled by binding arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Fretish agree that the arbitrator will decide that issue.

19.5 Exceptions to Arbitration Agreement. You and Fretish each agree that the following claims are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction: (i) Any claim related to actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) Any claim seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack).

19.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified here. The AAA Rules are available at www.adr.org or by calling the AAA at 1–800–778–7879.

19.7 Modification to AAA Rules - Arbitration Hearing/Location. In order to make the arbitration most convenient to you, Fretish agrees that any required arbitration hearing may be conducted, at your option, (a) in the county where you reside; (b) in Boston County; (c) in any other location to which you and Fretish both agree; (d) via phone or video conference; or (e) for any claim or counterclaim under $25,000, by solely the submission of documents to the arbitrator.

19.8 Modification of AAA Rules - Attorney’s Fees and Costs. You may be entitled to seek an award of attorney fees and expenses if you prevail in arbitration, to the extent provided under applicable law and the AAA rules. Unless the arbitrator determines that your claim was frivolous or filed for the purpose of harassment, Fretish agrees it will not seek, and hereby waives all rights it may have under applicable law or the AAA rules, to recover attorneys’ fees and expenses if it prevails in arbitration.

19.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.

19.10 Jury Trial Waiver. You and Fretish acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.

19.11 No Class Actions or Representative Proceedings. You and Fretish acknowledge and agree that we are each waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all Disputes. Further, unless you and Fretish both otherwise agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If this paragraph is held unenforceable with respect to any Dispute, then the entirety of the Arbitration Agreement will be deemed void with respect to such Dispute.

19.12 Severability. Except as provided in Section 19.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect.

19.13 Changes. Notwithstanding the provisions of Section 3 (“Modification of these Terms”), if Fretish changes this Section 19 (“Dispute Resolution and Arbitration Agreement”) after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within thirty (30) days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Fretish’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Fretish in accordance with the provisions of the “Dispute Resolution and Arbitration Agreement” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).

19.14 Survival. Except as provided in Section 19.12 and subject to Section 15.8, this Section 19 will survive any termination of these Terms and will continue to apply even if you stop using the Fretish Platform or terminate your Fretish Account.

20. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Fretish Platform (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Fretish Platform, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

21. Applicable Law and Jurisdiction

21.1 If you reside in the United States, these Terms will be interpreted in accordance with the laws of the State of Massachusetts and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the Arbitration Agreement in Section 19 must be brought in state or federal court in Boston, Massachusetts, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Boston, Massachusetts.

21.2 If you reside in China these Terms will be interpreted in accordance with the laws of China (“China Laws”). Any dispute arising from or in connection with this Agreement shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing which shall be conducted in accordance with CIETAC’s arbitration rules in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which Fretish may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under China Laws or any other laws that may apply to you. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties.

21.3 If you reside outside of the United States and China, these Terms will be interpreted in accordance with Irish law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) is excluded. The choice of law does not impact your rights as a consumer according to the consumer protection regulations of your country of residence. If you are acting as a consumer, you agree to submit to the non-exclusive jurisdiction of the Irish courts. Judicial proceedings that you are able to bring against us arising from or in connection with these Terms may only be brought in a court located in Ireland or a court with jurisdiction in your place of residence. If Fretish wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts.

22. General Provisions

22.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Fretish and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Fretish and you in relation to the access to and use of the Fretish Platform.

22.2 No joint venture, partnership, employment, or agency relationship exists between you and Fretish as a result of this Agreement or your use of the Fretish Platform.

22.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.

22.4 If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.

22.5 Fretish’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.

22.6 You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Fretish's prior written consent. Fretish may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion, with 30 days prior notice. Your right to terminate this Agreement at any time remains unaffected.

22.7 Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by Fretish via email, Fretish Platform notification, or messaging service (including SMS and WeChat). For notices made to Members residing outside of Germany, the date of receipt will be deemed the date on which Fretish transmits the notice.

22.8 If you reside in the EU you can access the European Commission’s online dispute resolution platform here: http://ec.europa.eu/consumers/odr. Please note that Fretish Ireland is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers.

22.9 If you have any questions about these Terms please email us.

Terms of Service
IF YOU RESIDE IN THE UNITED STATES, PLEASE NOTE: SECTION 34 OF THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER. IT AFFECTS HOW DISPUTES WITH Fretish ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION PROVISION. PLEASE READ IT CAREFULLY.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

IN PARTICULAR, OwnerS SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THEIR ABILITY TO Owner PAYING RenterS FOR SHORT PERIODS. THESE LAWS ARE OFTEN PART OF A CITY’S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, OwnerS MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING RenterS. CERTAIN TYPES OF SHORT-TERM BOOKINGS MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. OwnerS SHOULD REVIEW LOCAL LAWS BEFORE LISTING A SPACE ON Fretish.

Last Updated: October 27, 2016


Key Terms

Fretish provides an online platform that connects Owners who have Equipment to list and book with Renters seeking to book such Equipment (collectively, the “Services“), which Services are accessible at www.Fretish.com and any other websites through which Fretish makes the Services available (collectively, the “Site“) and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the “Application“).

If you are using the Site, Application or Services and you reside in the USA, these Terms of Service are between you and Fretish, Inc. If you reside outside of the USA and the People’s Republic of China (which for purposes of these Terms of Service does not include Hong Kong, Macau and Taiwan) (hereinafter “China”), these Terms of Service are between you and Fretish Ireland UC (hereinafter referred to as Fretish Ireland). If you reside in China, these Terms of Service are between you and Fretish Internet (Beijing) Co., Ltd. (“Fretish China”) except where you book Equipment or when you create a Listing outside of China, in which case these Terms of Service are between you and Fretish Ireland for that transaction. If you initially reside in the USA and contract with Fretish, Inc., but subsequently change your residence to outside of the USA, you will contract with Fretish China if you change your residence to China and with Fretish Ireland otherwise, from the date on which your place of residence changes, and so on and so forth. (Fretish, Inc., Fretish Ireland and Fretish China are each hereinafter referred to as “Fretish“, “we“, “us“, or “our“). Additionally, if your Fretish contracting entity under this Section is Fretish China, you will nevertheless contract with Fretish Ireland for all Bookings confirmed prior to December 7, 2016 at 10:00am UTC. Fretish Payments, Inc., Fretish Payments UK Ltd., Fretish Payments India Pvt. Ltd. and Fretish China (individually and collectively, as appropriate, “Fretish Payments“) handle any and all payments and payouts conducted through or in connection with the Site, Application or Services (“Payment Services“). Payment Services provided by Fretish Payments are subject to the Payments Terms of Service (“Payments Terms“).

“Equipment” means residential and other properties.

“Fretish Content” means all Content that Fretish makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.

“Booking” means a limited license granted by the Owner to the Renter to enter and use the Listing for the limited duration of the confirmed booking, during which time the Owner (only where and to the extent permitted by applicable law) retains the right to re-enter the Equipment, in accordance with the Renter’s agreement with the Owner. Please note, as used on the Site, Applications, and Services, “short term rental” and “home sharing” have the same meaning as “Booking;” all three terms mean a limited license to enter and use the Equipment for the duration of the confirmed booking as defined above.

“Booking Request Period” means the time period starting from the time when a Booking is requested by a Renter (as determined by Fretish in its sole discretion), within which a Owner may decide whether to confirm or reject that Booking request, as stated on the Site, Application or Services. Different Booking Request Periods may apply in different places.

“Collective Content” means Member Content and Fretish Content.

“Communication” means an email, message via the Application, text message or message to a WeChat account.

“Content” means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.

“Renter” means a Member who requests from a Owner a Booking of a Listing via the Site, Application or Services, or a Member who stays at an Equipment and is not the Owner for the associated Listing.

“Owner” means a Member who creates a Listing via the Site, Application and Services.

“Listing” means an Equipment that is listed by a Owner as available for Booking via the Site, Application, and Services.

“Member” means a person who completes Fretish’s account registration process, including but not limited to Owners and Renters, as described under “Account Registration” below.

“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or Fretish promotional campaign to be made available through the Site, Application or Services.

“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, Equipment or lodging taxes, fees (such as convention center fees) that Equipment providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.


Terms of Service

By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms“), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Collective Content (defined below), and your participation in the Referral Program (defined below), and constitute a binding legal agreement between you and Fretish. Please also read carefully our Privacy Policy at www.Fretish.com/terms/privacy_policy.

In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.

If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH OwnerS MAY CREATE LISTINGS FOR Equipment AND RenterS MAY LEARN ABOUT AND BOOK Equipment DIRECTLY WITH THE OwnerS. YOU UNDERSTAND AND AGREE THAT Fretish IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OwnerS AND RenterS, NOR IS Fretish A REAL ESTATE BROKER, AGENT OR INSURER. Fretish HAS NO CONTROL OVER THE CONDUCT OF OwnerS, RenterS AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY Equipment, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.

IF YOU CHOOSE TO CREATE A LISTING ON Fretish, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH Fretish IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF Fretish FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF Fretish. Fretish DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF Fretish, INCLUDING BY INAPPROPRIATELY USING ANY Fretish INTELLECTUAL PROPERTY.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES (INCLUDING, WHERE APPLICABLE, PROGRAMS SUCH AS THE Owner PROTECTION INSURANCE PROGRAM, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.


Modification

Fretish reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or via the Application and/or provide you notice of the modification by email. We will also update the “Last Updated” date at the top of these Terms. Changes to the Terms will be effective at the time of posting. Your continued access or use of the Site, Application or Services will constitute acceptance of the modified Terms. Additionally, if the modified Terms contain material changes applicable to existing Members (by decreasing your rights or increasing your responsibilities), we will provide you with notice prior to the changes taking effect. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services. If you do not close your Fretish Account you will be deemed to have accepted the changes.


Eligibility

The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.

For users in the United States, Fretish will, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. For users outside the United States, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered sex offender checks in our sole discretion. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from Fretish’s vendors.


How the Site, Application and Services Work

The Site, Application and Services can be used to facilitate the listing and Booking of Equipment. Such Equipment are included in Listings on the Site, Application and Services by Owners. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Equipment or create a Listing, you must first register to create an Fretish Account (defined below).

As stated above, Fretish makes available an online platform or marketplace with related technology for Renters and Owners to meet online and arrange for Bookings of Equipment directly with each other. Fretish is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Equipment, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Equipment and Fretish does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Equipment or transportation or travel services. Unless explicitly specified otherwise in the Fretish platform, Fretish’s responsibilities are limited to facilitating the availability of the Site, Application and Services.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE OwnerS AND RenterS CONNECTING AND BOOKING Equipment DIRECTLY WITH EACH OTHER. Fretish CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY Equipment. Fretish IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND Equipment. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT THE MEMBER’S OWN RISK.


Account Registration

In order to access certain features of the Site and Application, and to book an Equipment or create a Listing, you must register to create an account (“Fretish Account“) and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.

You can also register to join by logging into your account with certain third-party social networking sites (“SNS“) (including, but not limited to, Facebook; each such account, a “Third-Party Account“), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your Fretish Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to Fretish through the Site, Services or Application; or (ii) allowing Fretish to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to Fretish and/or grant Fretish access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating Fretish to pay any fees or making Fretish subject to any usage limitations imposed by such third-party service providers. By granting Fretish access to any Third-Party Accounts, you understand that Fretish will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account (“SNS Content“) so that it is available on and through the Site, Services and Application via your Fretish Account and Fretish Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Fretish Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or Fretish’s access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your Fretish Account and your Third-Party Accounts, at any time, by accessing the “Settings” section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. Fretish makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and Fretish is not responsible for any SNS Content.

Your Fretish Account and your Fretish Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Fretish Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Fretish reserves the right to suspend or terminate your Fretish Account and your access to the Site, Application and Services if you create more than one (1) Fretish Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.

You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party.

Unless expressly authorized by a specific feature on Fretish, you are not permitted to share your Fretish Account with anyone or allow others to access or use your Fretish Account. Fretish may enable features, in our discretion, that allow other Members to take certain actions associated with your Fretish Account, on your behalf with your express authorization, such as having your executive assistant, travel agent, or employer book on your behalf or adding a family member to your account as an additional Owner. You agree that you will take sole responsibility for any activities or actions under your Fretish Account, whether or not you have authorized such activities or actions. You will immediately notify Fretish of any unauthorized use of your Fretish Account.


Equipment Listings

As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Equipment to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Equipment and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Equipment must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Renter and Owner preferences, ratings and/or ease of Booking.

Other Members will be able to book your Equipment via the Site, Application and Services based upon the information provided in your Listing, your Renter requirements, and Renters’ search parameters and preferences. You understand and agree that once a Renter requests a Booking of your Equipment, you may not request the Renter to pay a higher price than in the Booking request.

You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the Booking of, or a Renter’s stay at, an Equipment in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other third party agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Equipment included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that Fretish assumes no responsibility for a Owner’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. Fretish reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Fretish, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Fretish’s then-current Policies and Community Guidelines or Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services.

If you are a Owner, you understand and agree that Fretish does not act as an insurer or as your contracting agent. If a Renter requests a Booking of your Equipment and stays at your Equipment, any agreement you enter into with such Renter is between you and the Renter and Fretish is not a party to it.

When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a Booking of your Equipment, such as requiring Members to have a profile picture or verified phone number, in order to book your Equipment. Any Member wishing to book Equipment included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “Ownering” section of the Site, Application and Services.

If you are a Owner, Fretish makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or preapprove for Booking for your Equipment. You acknowledge and agree that, as a Owner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Equipment at your request or invitation, excluding the Renter (and the individuals the Renter invites to the Equipment, if applicable.)

Fretish recommends that Owners obtain appropriate insurance for their Equipment. Please review any insurance policy that you may have for your Equipment carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of or relating to Renters (and the individuals the Renter invites to the Equipment, if applicable) while at your Equipment. Please also review such policy for any interaction with the Fretish Owner Protection Insurance Program, to the extent provided in your jurisdiction.

Fretish may offer Owners the option of having photographers take photographs of their Equipment. If you as a Owner choose to have photographer do this, Fretish shall own all copyrights in photographs taken but these photographs will be made available to you to include in your Listing with a watermark or tag bearing the words “Fretish.com Verified Photo” or similar wording (“Verified Images“). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images for your Listing and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing or if you cease to be a Owner for the Listing featured. All images, materials and content created by these photographers, including Verified Images, constitute Fretish Content, regardless of whether you include them in your Listing and you agree not to use them except in your Listing without prior authorization from Fretish. If your Fretish Account is terminated or suspended for any reason, you shall not use Verified Images in any way. You agree that Fretish retains its right to and may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.


No Endorsement

Fretish does not endorse any Member, Listing or Equipment. You understand that Verified Images are intended only to indicate a photographic representation of the Equipment at the time the photograph was taken. Verified Images are therefore not an endorsement by Fretish of any Member, Listing or Equipment.

Members are required by these Terms to provide accurate information. Although Fretish may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.

By registering for an Fretish Account, you agree that Fretish may - but is not obligated to - request a consumer report on you from a Consumer Reporting Agency. If we do request a consumer report, we’ll request and use it in compliance with applicable law, including the Fair Credit Reporting Act.

Any references in the Site, Application or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by Fretish about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Owner or to accept or preapprove a Booking request from a Renter, or to have any other interaction with any other Member. Except as provided in the Fretish Owner Guarantee Terms and Conditions (“Fretish Owner Guarantee“), which is an agreement between Fretish and Owners, we are not responsible for any damage or harm resulting from your interactions with other Members.

By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Fretish with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Bookings or Listings made by you. This limitation shall not apply to any claim by a Owner against Fretish regarding the remittance of payments received from a Renter by Fretish on behalf of a Owner, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.


Bookings and Financial Terms

Key definitions

“Equipment Fees” means the amounts that are due and payable by a Renter in exchange for that Renter’s stay in an Equipment. The Owner alone, and not Fretish, is responsible for the Equipment Fees for his or her Listing. The Owner may in his or her sole discretion decide to include in these amounts (i) a cleaning fee or any other fee permitted on the Fretish platform, or (ii) Taxes that the Owner determines that he or she has to collect.

“Renter Fees” means the fee that Fretish charges a Renter for the use of the Services, which is calculated as a percentage of the applicable Equipment Fees. The Renter Fees will be displayed to the Renter when the Renter is asked whether to send a Booking request to a Owner.

“Owner Fees” means the fee that Fretish charges a Owner for the use of the Services, which is calculated as a percentage of the applicable Equipment Fees.

“Payment Method” means a payment method that you have added to your Fretish Account, such as a credit card, debit card or PayPal.

“Service Fees” means collectively the Renter Fees and the Owner Fees.

“Total Fees” means collectively the Equipment Fees and the Renter Fees plus any Taxes.


Bookings and Financial Terms for Owners

If you are a Owner and a Booking is requested for your Equipment via the Site, Application or Services, you will be required to either preapprove, confirm or reject the Booking request within the Booking Request Period, otherwise the Booking request will automatically expire. When a Booking is requested via the Site, Application or Services, we will share with you (i) the first and last name of the Renter who has requested the Booking, (ii) a link to the Renter’s Fretish Account profile page, (iii) if the Renter and Owner have both connected their Fretish accounts to SNS and have not turned off sharing of social connections, the names of any shared connections on such SNS, and (iv) an indication of whether or not the Renter has provided other information to Fretish, such as a verified email address, connection to SNSs, or a government ID. If you are unable to confirm or decide to reject a Booking request within the Booking Request Period, any amounts collected by Fretish (via Fretish Payments) for the requested Booking will be refunded to the applicable Renter. When you confirm a Booking requested by a Renter, Fretish will send you a Communication confirming such Booking, depending on the selections you make via the Site, Application and Services.

Fretish Payments will collect the Total Fees from Renters at the time of the Booking request or upon the Owner’s confirmation and will initiate payment of the Equipment Fees (less applicable fees and taxes) to the Owner at the time and as further described in the Payments Terms.

Each Owner agrees that Fretish may, in accordance with the cancellation policy selected by the Owner and reflected in the relevant Listing, (i) permit the Renter to cancel the Booking and (ii) refund (via Fretish Payments) to the Renter that portion of the Equipment Fees specified in the applicable cancellation policy.


Bookings and Financial Terms for Renters

The Owners, not Fretish, are solely responsible for honoring any confirmed Bookings and making available any Equipment reserved through the Site, Application and Services. If you, as a Renter, choose to enter into a transaction with a Owner for the Booking of an Equipment, you agree and understand that you will be required to enter into an agreement with the Owner and you agree to accept any terms, conditions, rules and restrictions associated with such Equipment imposed by the Owner.

You acknowledge and agree that you, and not Fretish, will be responsible for performing the obligations of any such agreements, that Fretish is not a party to such agreements, and that, with the exception of Fretish Payments’ obligations pursuant to the Payments Terms, Fretish (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements.

The Total Fees payable will be displayed to a Renter before the Renter sends a Booking request to a Owner. As noted above, the Owner is required to either preapprove, confirm or reject the Booking request within the Booking Request Period; otherwise, the requested Booking will be automatically cancelled. Upon receipt of your Booking request, Fretish Payments may initiate a pre-authorization and/or charge a nominal amount to your Payment Method pursuant to the Payments Terms. If a requested Booking is cancelled (i.e. not confirmed by the applicable Owner), any amounts collected by Fretish Payments will be refunded to such Renter, depending on the selections the Renter makes via the Site and Application, and any pre-authorization of such Renter’s Payment Method will be released, if applicable.

You as a Renter agree to pay the Total Fees for any Booking requested, and in most cases confirmed, in connection with your Fretish Account. Fretish Payments will collect the Total Fees pursuant to the Payments Terms.

Once your confirmed Booking transaction is complete you will receive a confirmation Communication summarizing your confirmed Booking.


Service Fees and Other Fees

In consideration for the use of Fretish’s online marketplace and platform, Fretish charges Service Fees. Fretish Payments collects these Service Fees pursuant to the Payments Terms, and, where applicable, may also collect Taxes (such as VAT in Europe) in respect of the Owner Fees and Renter Fees. Fretish Payments deducts the Owner Fees from the Equipment Fees before remitting the balance to the Owner as described in the Payments Terms. Renter Fees are, as noted above, included in the Total Fees.

Applicable Renter Fees, as well as Taxes collected by Fretish, will be shown to Renters via the Site and Application at checkout, prior to their submission of a Booking request. And, Fretish will disclose applicable Owner Fees to Owners via the Site and Application. More information on Services Fees can be found at the Fretish Help Center.


General Booking and Financial Terms

Cancellations and Refunds

If, as a Renter, you wish to cancel a confirmed Booking made via the Site, Application and Services, either prior to or after arriving at the Equipment, the cancellation policy of the Owner contained in the applicable Listing will apply to such cancellation. Our ability to refund the Equipment Fees, Renter Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site and Application. The Renter Fee is non-refundable unless otherwise indicated in the cancellation policy selected by the Owner. Fretish Payments will initiate any refunds due pursuant to the Payments Terms.

If a Owner cancels a confirmed Booking made via the Site, Services, and Application, (i) Fretish Payments will refund the Total Fees for such Booking to the applicable Renter pursuant to the Payments Terms and (ii) the Renter will receive a Communication from Fretish containing alternative Listings and other related information. If the Renter requests a Booking from one of the alternative Listings and the Owner associated with such alternative Listing confirms the Renter’s requested Booking, then the Renter agrees to pay Fretish the Total Fees relating to the confirmed Booking for the Equipment in the alternative Listing, in accordance with these Terms. If a Owner cancelled a confirmed Booking and you, as a Renter, have not received a Communication from Fretish, please contact Fretish.

If, as a Owner, you cancel a confirmed Booking, you agree that Fretish may apply penalties or consequences to you or your Listing, including (i) publishing an automated review on your Listing indicating that a Booking was cancelled, (ii) keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled Booking, or (iii) imposing a cancellation fee. You will be notified of the situations in which a cancellation fee applies before you decide to cancel.

In certain circumstances, Fretish may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed Booking made via the Site, Application and Services. This may be for reasons set forth in Fretish’s Extenuating Circumstances Policy or for any other reason. Fretish may also determine, in its sole discretion, to refund to the Renter part or all of the amounts charged to the Renter in accordance with the Renter Refund Policy or in connection with a cancellation under Fretish’s Extenuating Circumstances Policy. You agree that Fretish and the relevant Renter or Owner will not have any liability for such cancellations or refunds.

Resolution Center

Members may use the Resolution Center to send or request money for refunds, services or damages related to their Bookings. You agree to pay all amounts sent through the Resolution Center in connection with your Fretish Account, and Fretish Payments will handle all such payments pursuant to the Payments Terms. When a Member agrees to provide services or amenities to another Member via the Resolution Center, both parties acknowledge and agree that they, and not Fretish, will be responsible for performing their respective obligations of any such agreements, that Fretish is not a party to such agreements, and that, with the exception of Fretish Payments’ obligations pursuant to the Payments Terms, Fretish (inclusive of all subsidiaries) disclaims all liability arising from or related to any such agreements and the services or amenities provided.

Rounding Off

Fretish may, in its sole discretion, round up or round down amounts that are payable from or to Renters or Owners to the nearest whole functional base unit in which the currency is denominated (e.g. to the nearest dollar, euro or other supported currency); for example, Fretish will round up an amount of 102.00, and 101.00.

Some currencies are denominated in large numbers. In those cases, Fretish may determine the functional base unit in which those currencies are denominated to be 10, 100 or 1,000 of the currency; the corresponding examples for such currencies would be for Fretish to round up an amount of 1,045 up to 1,050 and 1,044 down to 1,040, or 35,450 up to 35,500 and 35,449 down to 35,400, or 837,500 up to 838,000 and 837,499 down to 837,000.

Donations

Some Owners may pledge to donate a portion of the funds they receive from confirmed Bookings made via the Site, Application and Services to aparticular cause or charity. We do not take any responsibility orliability for whether the Owner does in fact make the donation he or shepledged to make. In such cases, the Owner in question is responsible forhis or her own compliance with all laws and regulations applicable tosuch pledges and/or fund-raising.

Booking Modifications

You as a Renter or Owner are responsible for any modifications to a Booking that you direct Fretish Customer Service to make (“Booking Modifications“), and you agree to pay any Equipment Fees, Renter Fees, Owners Fees, Services Fees, and/or Taxes associated with such Booking Modifications.


Taxes

Tax regulations may require us to collect appropriate tax information from our Owners, or to withhold taxes from payouts to Owners, or both. For instance, IRS regulations stipulate that we must collect an IRS Form W–9 from certain US Owners, and an appropriate IRS Form W–8 (e.g. Form W–8BEN) from non-US Owners with at least one Listing in the US. You as a Owner are solely responsible for keeping the information in your tax forms current, complete and accurate. If you as a Owner fail to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold taxes from payments to you (e.g. where you are a US Owner and you fail to provide us with a completed IRS Form W–9), we reserve the right in our sole discretion to freeze all payouts to you until resolution, to withhold such amounts as required by law, or to do both.

You as a Owner understand and agree that you are solely responsible for determining (i) your applicable Tax reporting requirements, and (ii) the Taxes that should be included, and for including Taxes to be collected or obligations relating to applicable Taxes in Listings. You are also solely responsible for remitting to the relevant authority any Taxes included or received by you. Fretish cannot and does not offer Tax-related advice to any Members.

Where applicable, or based upon request from a Owner, Fretish may issue a valid VAT invoice to such Owner.

You understand and acknowledge that appropriate governmental agencies, departments or authorities (the “Tax Authority“) where your Equipment is located may require Taxes to be collected from Renters or Owners on the amount paid for the right to use and/or occupancy of Equipment, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these taxes may be required to be collected and remitted as a percentage of the Equipment Fees set by Owners, a set amount per day, or other variations, and are sometimes called “occupancy taxes,” “hotel taxes,” “lodging taxes,” “transient taxes,” “sales and use taxes,” “value added taxes,” “room taxes” or “tourist taxes” (hereafter, “Occupancy Taxes“).

Occupancy Tax Collection and Remittance

In certain jurisdictions, Fretish may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Renters or Owners, in accordance with your directions in these Terms (“Collection and Remittance”) if such tax jurisdiction asserts Fretish or Owners have a tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, whether you are a Renter or Owner, in lieu of the Owner collecting Occupancy taxes from Renters and remitting to the Tax Authority, you hereby instruct and authorize Fretish (via Fretish Payments) to collect Occupancy Taxes from Renters on the Owner’s behalf at the time Equipment Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. When Fretish facilitates Collection and Remittance of Occupancy Taxes in a jurisdiction for the first time, Fretish will provide notice to existing Owners with Listings for Equipment in such jurisdictions. When a new Listing is created in a jurisdiction where Fretish facilitates Collection and Remittance of Occupancy Taxes, the Owner will be notified in the Listing creation flow.

The amount of Occupancy Taxes, if any, collected and remitted by Fretish will be visible to and separately stated to both Renters and Owners on their respective transaction documents. Where Fretish is directly facilitating Collection and Remittance, Renters and Owners agree that Owners are not permitted to attempt collection, or collect any Occupancy Taxes being collected by Fretish relating to their Equipment on Fretish in that such jurisdiction. You expressly agree to release, defend, indemnify, and hold Fretish and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Occupancy Taxes, including, without limitation, the applicability of, calculation, collection or remittance of Occupancy Taxes in any amount or at all as to your transactions or Equipment. For any jurisdiction in which we facilitate Collection and Remittance, Owners and Renters expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to them or to their transactions, Bookings, Equipment and Occupancy Taxes, including, but not limited to, personally identifiable information such as Owner or Renter’s name, Listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes collected from Renters or allegedly due, contact information and similar information, to the relevant Tax Authority.


Opt-in to Owner Remittance of Taxes

In other jurisdictions, Fretish may decide in its sole discretion to facilitate Occupancy Tax collection on behalf of Owners and Renters in accordance with a Owner’s direction to opt in to a specific Occupancy Tax line item in the Booking process, in which the Owner directs that Occupancy Taxes from Renters be sent directly to the Owner so that the Owner will remit such taxes directly to Tax Authority (“Opt-in for Owner Remittance“). In any jurisdiction in which we decide to facilitate Collection by Opt-in for Owner Remittance, whether you are a Renter or Owner, you hereby instruct and authorize Fretish (via Fretish Payments) to send Occupancy Taxes received from Renters at the time Equipment Fees are collected to the Owner who is obligated to send such taxes to the Tax Authority directly. If Fretish offers and a Owner selects Opt-in for Owner Remittance in any jurisdiction, Owners and Renters remain solely responsible and liable for the payment and remittance of any and all taxes that may apply to Equipment; you agree and understand that Fretish is not responsible for, and will not send any such Occupancy Taxes to the Tax Authority under Opt-in to Owner Remittance of Taxes. You hereby agree that through third party payment processors, Fretish is merely processing Your election and direction to have Occupancy Taxes from Renters sent directly to the Owner for remittance by the Owner to the Tax Authority, and that You will remit all amounts collected from Renters as Occupancy Taxes to such Tax Authority. You expressly agree to release, defend, indemnify, and hold Fretish and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, debts, obligations, and expenses, including, without limitation, reasonable legal and/or accounting fees, arising out of or in any way related to Occupancy Taxes, including, without limitation, the applicability of, calculation of, collection of Occupancy Taxes in any amount or at all as to your transactions or Equipment. For any jurisdiction in which we facilitate Opt-in for Owner Remittance, Owners and Renters expressly grant us permission, without further notice, to store, transfer and disclose data and other information relating to them or to their transactions, Bookings, Equipment and Occupancy Taxes, including, but not limited to, personally identifiable information such as Owner or Renter’s name, Listing addresses, transaction dates and amounts, tax identification number(s), the amount of taxes received by Owners from Renters, or allegedly due, contact information and similar information, to the relevant Tax Authority.


Miscellaneous Occupancy Tax Provisions

Whether you are a Renter or Owner, you agree that any claim or cause of action relating to Fretish’s facilitation of Opt-in for Owner Remittance or Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by Fretish in connection with facilitation of Opt-in Remittance or Collection and Remittance of Occupancy Taxes, if any. Renters and Owners agree that we may seek additional amounts from You in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Fretish from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

In any jurisdiction in which we have not provided notice of, or are not facilitating (or are no longer facilitating) the collection or remittance of Occupancy Taxes by Collection and Remittance, Opt-in for Owner Remittance or any other means or method, in your jurisdiction, Owners and Renters remain solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Equipment.

Owners and Renters acknowledge and agree that in some jurisdictions, Fretish may decide not to facilitate collection or remittance of Occupancy Taxes or may not be able to facilitate the collection and/or remittance of Occupancy Taxes, and nothing contained in these Terms of Service is a representation or guarantee that Fretish will facilitate collection and/or remittance of Occupancy Tax anywhere at all, including in any specific jurisdiction, or that Fretish will continue to facilitate any collection or remittance of Occupancy Tax in any specific jurisdiction in which it may have been offered. Fretish reserves the right, in its sole determination, to cease any facilitation of any collection and remittance of Occupancy Tax (regardless of method used or to be used in the future) for any reason or no reason at all, provided that it will give Owners reasonable notice in any jurisdiction in which Fretish determines to cease any such facilitation.


Currency Conversion

Fretish’s online platform facilitates Bookings between Renters and Owners who may pay in a currency different from their destination currency, which may require currency conversions to accommodate these differing currency preferences. Although the Fretish platform allows users to view the price of Listings in a number of currencies, the currencies available for users to make and receive payments may be limited, and may not include the default currency in any given geographic location.

Details regarding currency conversion, including any associated fees, are detailed in the Payments Terms.


Damage to Equipment and Security Deposits

As a Renter, you are responsible for leaving the Equipment (including any personal or other property located at an Equipment) in the condition it was in when you arrived. You acknowledge and agree that, as a Renter, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Equipment. In the event that a Owner claims otherwise and provides evidence of damage (“Damage Claim“), including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items.

Owners may choose to include security deposits in their Listings (“Security Deposits“). Each Listing will describe whether a Security Deposit is required for the applicable Equipment. Fretish will use commercially reasonable efforts to address Owners’ requests and claims related to Security Deposits, but Fretish is not responsible for administering or accepting any Damage Claims by Owners related to Security Deposits, and disclaims any and all liability in this regard.

If a Owner has a Damage Claim for a confirmed Booking, the Owner can seek payment from the Renter through the Resolution Center. The Owner may escalate the Damage Claim to Fretish if the Owner and Renter are unable to resolve a Damage Claim through the Resolution Center, or immediately in certain circumstances. If a Owner escalates a Damage Claim to Fretish, you as a Renter will be notified of the Damage Claim and given an opportunity to respond. If you as a Renter agree to pay the Owner in connection with a Damage Claim, or if Fretish determines, in its sole discretion, that you are responsible for damaging an Equipment or any personal or other property located at an Equipment, Fretish (via Fretish Payments) will collect any such costs from you and/or against the Security Deposit in accordance with the Payments Terms. Fretish also reserves the right to otherwise collect payment from you and pursue any avenues available to Fretish in this regard in situations in which you have been determined, in Fretish’s sole discretion, to have damaged any Equipment or any personal or other property located at an Equipment.

Both Renters and Owners agree to cooperate with and assist Fretish in good faith, and to provide Fretish with such information and take such actions as may be reasonably requested by Fretish, in connection with any Damage Claims or other complaints or claims made by Members relating to Equipment or any personal or other property located at an Equipment (including, without limitation, payment requests made under the Fretish Owner Guarantee) or with respect to any investigation undertaken by Fretish or a representative of Fretish regarding use or abuse of the Site, Application or the Services. If you are a Renter, upon Fretish’s reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Owner, at no cost to you, which process will be conducted by Fretish or a third party selected by Fretish or its insurer, with respect to losses for which the Owner is requesting payment from Fretish under the Fretish Owner Guarantee.

If you are a Renter, you understand and agree that Fretish may make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for or to an Equipment or any personal or other property located at an Equipment (including without limitation amounts paid by Fretish under the Fretish Owner Guarantee). You agree to cooperate with and assist Fretish in good faith, and to provide Fretish with such information as may be reasonably requested by Fretish, in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Fretish may reasonably request to assist Fretish in accomplishing the foregoing.

Security Deposits, if required by a Owner, may be applied to any fees due from a Renter overstaying at a Listing without the Owner’s consent.


Overstaying without the Owner’s Consent

Renters agree that a confirmed Booking is merely a license granted by the Owner to the Renter to enter and use the Listing for the limited duration of the confirmed Booking and in accordance with the Renter’s agreement with the Owner. Renters further agree to leave the Equipment no later than the checkout time that the Owner specifies in the Listing or such other time as mutually agreed upon between the Owner and Renter. If a Renter stays past the agreed upon checkout time without the Owner’s consent, they no longer have a license to stay in the Listing and the Owner is entitled to make the Renter leave. In addition, Renters agree that the Owner can charge the Renter, for each 24 hour period that the Renter stays over the agreed period without the Owner’s consent, an additional nightly fee of two times the average nightly Equipment Fee originally paid by the Renter to cover the inconvenience suffered by the Owner, plus all applicable Service Fees, Taxes, and any legal expenses incurred by the Owner to make the Renter leave (collectively, “Additional Sums“). Fretish Payments will collect Additional Sums from Renters pursuant to the Payments Terms.


User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:

violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;

use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Application, Services or Collective Content;

access or use our Site, Application, Services or the Fretish API to use, expose, or allow to be used or exposed, any Fretish Content: (i) that is not publicly displayed by Fretish in its search results pages or listing pages before a Booking is confirmed; (ii) in any way that is inconsistent with the Fretish Privacy Policy or Terms of Service; or (iii) in any way that otherwise violates the privacy rights or any other rights of Fretish’s users or any other third party;

use the Site, Application, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Fretish endorsement, partnership or otherwise misleads others as to your affiliation with Fretish;

dilute, tarnish or otherwise harm the Fretish brand in any way, 
including through unauthorized use of Collective Content, 
registering and/or using Fretish or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Fretish domains, trademarks, taglines, promotional campaigns or Collective Content

copy, store or otherwise access or use any information contained on the Site, Application, Services or Collective Content for purposes not expressly permitted by these Terms;

infringe the rights of Fretish or the rights of any other person or entity, including without limitation, their intellectual property, privacy, publicity or contractual right

interfere with or damage our Site, Application or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;

use our Site, Application or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;

use our Site, Application, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to lodging in a private residence;

“stalk” or harass any other user of our Site, Application, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Fretish Renter or Owner;

offer, as a Owner, any Equipment that you do not yourself own or have permission to Book as a residential or other property (without limiting the foregoing, you will not list Equipment as a Owner if you are serving in the capacity of an agent for a third party);

offer, as a Owner, any Equipment that may not be Booked pursuant to the terms and conditions of an agreement with a third party;

register for more than one Fretish Account or register for an Fretish Account on behalf of an individual other than yourself;

unless Fretish explicitly permits otherwise, request or book a stay at any Equipment if you will not actually be staying at the Equipment yourself;

contact another Member for any purpose other than asking a question related to a Booking, Equipment, Listing, or the Member’s use of the Site, Application and Services;

recruit or otherwise solicit any Owner or other Member to join third-party services or websites that are competitive to Fretish, without Fretish’s prior written approval;

recruit or otherwise solicit any Member to join third-party services, applications or websites, without our prior written approval;

impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

use automated scripts to collect information from or otherwise interact with the Site, Application, Services or Collective Content;

use the Site, Application, Services or Collective Content to find a Owner or Renter and then complete a Booking of an Equipment independent of the Site, Application or Services, in order to circumvent the obligation to pay any Service Fees related to Fretish’s provision of the Services or for any other reasons;

as a Owner, submit any Listing with false or misleading information, including price information, or submit any Listing with a price that you do not intend to honor;

violate these Terms or Fretish’s then-current Policies and Community Guidelines or Standards;

engage in disruptive, circumventive, abusive or harassing behavior in any area or aspect of our Platform, Application, or Services;

post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;

systematically retrieve data or other content from our Site, Application or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;

use, display, mirror or frame the Site, Application, Services or Collective Content, or any individual element within the Site, Application, Services or Collective Content, Fretish’s name, any Fretish trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site, Application or Services, without Fretish’s express written consent;

access, tamper with, or use non-public areas of the Site, Application or Services, Fretish’s computer systems, or the technical delivery systems of Fretish’s providers;

attempt to probe, scan, or test the vulnerability of any Fretish system or network or breach any security or authentication measures;

avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Fretish or any of Fretish’s providers or any other third party (including another user) to protect the Site, Services, Application or Collective Content;

forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, Application or Collective Content to send altered, deceptive or false source-identifying information;

attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, Application or Collective Content;

advocate, encourage, or assist any third party in doing any of the foregoing; or

accept or make a payment for Equipment Fees outside Fretish Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Fretish harmless from any liability for such payment.
Fretish has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, Fretish may take a range of actions against you, including but not limited to removing or disabling access to any or all of your Member Content or deactivating or canceling your Listing(s) or Fretish Account, for a violation of this Section or these Terms.

Fretish may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against Fretish or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms and the Fretish Owner Guarantee, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of Fretish, its users, or members of the public. You acknowledge that Fretish has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review, remove, disable access to or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. Fretish reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Fretish, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.

Reporting Misconduct

If you stay with or Owner anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Fretish by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.


Privacy

You agree that Fretish’s Privacy Policy (as may be updated from time to time) governs Fretish’s collection and use of your personal information.


Intellectual Property Ownership and Rights Notices

The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of Fretish and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Fretish used on or in connection with the Site, Application, Services, and Fretish Content are trademarks or registered trademarks of Fretish in the US and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and Fretish Content are used for identification purposes only and may be the property of their respective owners. As a Owner, Renter, or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content, including Fretish’s Trademark & Branding Guidelines (as may be updated from time to time).


Additional Terms

Our Site, Application and Services have different products, features and offerings, so sometimes additional terms or product requirements may apply to your use of those products, features or offerings. For example, additional terms apply if you refer new users to Fretish (“Referral Program“) or participate in our Home Safety program. If additional terms are available for the relevant product or Services you use, those additional terms become part of these Terms.


Application License

Subject to your compliance with these Terms, Fretish grants you a limited non-exclusive, non-transferable license to download and install a copy of the Application on each mobile device or computer that you own or control and run such copy of the Application solely for your own personal use. Furthermore, with respect to any Apple App Store Sourced Application (defined below), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Fretish reserves all rights in the Application not expressly granted to you by these Terms.


Fretish Content and Member Content License

Subject to your compliance with these Terms and Fretish’s Trademark & Branding Guidelines, Fretish grants you a limited, non-exclusive, non-transferable license, to (i) access and view any Fretish Content solely for your personal and non-commercial purposes and (ii) access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Application, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Fretish or its licensors, except for the licenses and rights expressly granted in these Terms.


Member Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through Fretish promotional campaigns, you hereby grant to Fretish a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, translate, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. Fretish does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through Fretish promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through Fretish promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to Fretish the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Fretish’s use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or Fretish promotional campaigns will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.


Links

The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that Fretish is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Fretish of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Some portions of the Fretish platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use.


Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services (“Feedback“). You may submit Feedback by emailing us, through the “Contact” section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of Fretish and you hereby irrevocably assign to Fretish and agree to irrevocably assign to Fretish all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At Fretish’s request and expense, you will execute documents and take such further acts as Fretish may reasonably request to assist Fretish to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.


Copyright Policy

Fretish respects copyright law and expects its users to do the same. It is Fretish’s policy to terminate in appropriate circumstances the Fretish Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see Fretish’s Copyright Policy for further information.


Term and Termination, Suspension and Other Measures

Term

These Terms shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Fretish terminate these Terms as described below.


Termination for convenience

You may terminate these Terms at any time via the “Cancel Account” feature on the Site or by sending us an email. If you cancel your Fretish Account as a Owner, any confirmed Bookings will be automatically cancelled and your Renters will receive a full refund. If you cancel your Fretish Account as a Renter, any confirmed Booking will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy.

Without limiting our rights specified below, Fretish may terminate these Terms for convenience at any time by giving you 30 days’ notice via email to your registered email address.


Termination for breach, suspension and other measures

Fretish may immediately, without notice terminate these Terms if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the “User Conduct” provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Fretish Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) Fretish believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, Fretish or third parties, for fraud prevention, risk assessment, security or investigation purposes.

In addition Fretish may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed Bookings, limit your use of or access to your Fretish Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your Fretish Account, or temporarily or permanently suspend your Fretish Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Owners or Renters, or (ii) Fretish believes in good faith that such action is reasonably necessary to protect the safety or property of Members, Fretish or third parties, for fraud prevention, risk assessment, security or investigation purposes.

If we take any of the measures described in this Section 24.C, we may (i) communicate to your Renters or Owners that a pending or confirmed Booking has been cancelled, (ii) refund your Renters in full for any and all confirmed Bookings, irrespective of preexisting cancellation policies, (iii) support your Renters, on an exceptional basis, in finding potential alternative Equipment, and (iv) you will not be entitled to any compensation for confirmed Bookings that were cancelled.

In case of non-material breaches and where appropriate, you will be given notice of any measure by Fretish and an opportunity to resolve the issue to Fretish’s reasonable satisfaction.


Consequences

If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Fretish Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your Fretish Account has been suspended or this Agreement has been terminated by us, you may not register a new Fretish Account or attempt to access and use the Site, Application and Services through other Fretish Accounts.


Survival

If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.


Disclaimers

IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT Fretish DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RenterS AND OwnerS. BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS, IN OUR SOLE DISCRETION, TO THE EXTENT PERMITTED BY APPLICABLE LAWS AND IF WE HAVE SUFFICIENT INFORMATION TO IDENTIFY A MEMBER. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.

THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, Fretish EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Fretish MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY Equipment, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. Fretish MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, Equipment, OwnerS, RenterS, YOUR ACCRUAL OF Fretish TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM Fretish OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY OwnerS OR RenterS. YOU UNDERSTAND THAT Fretish DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY Equipment. Fretish MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RenterS AND OwnerS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY Fretish. Fretish EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY Renter OR OTHER THIRD PARTY.


Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY Equipment VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF Fretish WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER Fretish NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR BOOKING OF ANY Equipment VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Fretish HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE OwnerS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE Fretish Owner GUARANTEE, IN NO EVENT WILL Fretish’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR BOOKING OF ANY Equipment VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY Equipment OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR BOOKINGS VIA THE SITE, APPLICATION AND SERVICES AS A Renter IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A Owner, THE AMOUNTS PAID BY Fretish TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN Fretish AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.


Indemnification

You agree to release, defend, indemnify, and hold Fretish and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Booking of an Equipment, or (iii) creation of a Listing; (d) the use, condition or Booking of an Equipment by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Booking or use of an Equipment; and (e) your participation in the Referral Program or your accrual of any Fretish Travel Credits.


Export Control and Restricted Countries

You may not use, export, re-export, import, or transfer the Application except as authorized by United States law, the laws of the jurisdiction in which you obtained the Application, and any other applicable laws. In particular, but without limitation, the Application may not be exported or re-exported: (a) into any United States embargoed countries; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Persons List or Entity List. By using the Site, Application and Services, you represent and warrant that (i) neither you nor your listed Equipment is located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use the Site, Application and Services for any purpose prohibited by U.S. law, including the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons. Fretish does not permit Listings associated with certain countries due to U.S. embargo restrictions. In addition to complying with the above, you must also comply with any relevant export control laws in your local jurisdiction.


Accessing and Downloading the Application from iTunes

The following applies to any Application accessed through or downloaded from the Apple App Store (“App Store Sourced Application“):

You acknowledge and agree that (i) these Terms are concluded between you and Fretish only, and not Apple, and (ii) Fretish, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Services.

You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Fretish and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Fretish.

You and Fretish acknowledge that, as between Fretish and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

You and Fretish acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Fretish and Apple, Fretish, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms.

You and Fretish acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

Without limiting any other terms of these Terms, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

Entire Agreement
Except as they may be supplemented by a document referenced and incorporated herein or by additional Fretish policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Fretish and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any Bookings or Listings of Equipment made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between Fretish and you regarding Bookings or listings of Equipment, the Site, Application, Services, and Collective Content (excluding Payment Services).


Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without Fretish’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Fretish may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.


Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Fretish (i) via a Communication (in each case to the address or phone number that you provide) or (ii) by posting to the Site or via the Application. For notices made via a Communication, the date of receipt will be deemed the date on which such notice is transmitted.


Controlling Law and Jurisdiction

These Terms and your use of the Services will be interpreted in accordance with the laws of the State of Massachusetts and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Boston County, Boston, Massachusetts or a United States District Court, Northern District of Massachusetts located in Boston, Massachusetts for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.


Dispute Resolution

If you reside in the United States, you and Fretish agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site, Application or Collective Content (collectively, “Disputes“) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Fretish are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and Fretish otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Arbitration Rules and Governing Law. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association (“AAA“) in accordance with the Consumer Arbitration Rules (the “AAA Rules“) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_medor by calling the AAA at 1–800–778–7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Massachusetts and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure. Unless you and Fretish otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Fretish submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Fretish will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Fretish will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Changes. Notwithstanding the provisions of the “Modification” section above, if Fretish changes this “Dispute Resolution” section after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the “Last Updated” date above or in the date of Fretish’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Fretish in accordance with the provisions of this “Dispute Resolution” section as of the date you last accepted these Terms (or accepted any subsequent changes to these Terms).


General

The failure of Fretish to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Fretish. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.


Third party beneficiary

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.


Additional Clauses for Users Contracting with Fretish Ireland

The following paragraphs will apply if you are contracting with Fretish Ireland.

The second paragraph of Section 24.D, Term and Termination, Suspension and Other Measures, shall be removed and replaced with the following: “If you or we terminate this Agreement, we do not have an obligation to return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your Fretish Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your Fretish Account has been suspended or this Agreement has been terminated by us, you may not register a new Fretish Account or attempt to access and use the Site, Application and Services through other Fretish Accounts.”

The Controlling Law and Jurisdiction section shall be removed and replaced with the following: “Controlling Law and Jurisdiction These Terms will be interpreted in accordance with Irish law. You and we agree to submit to the non-exclusive jurisdiction of the Irish courts for resolving any dispute between the parties. If Fretish wishes to enforce any of its rights against you, we may elect to do so in the Irish courts or in the courts of the jurisdiction in which you are resident.”

The Dispute Resolution section shall be removed and is not applicable.


Additional Clauses for Users Contracting with Fretish China

The following paragraphs will apply if you are contracting with Fretish China

The Controlling Law and Jurisdiction section shall be removed and replaced with the following: “Controlling Law and Jurisdiction These Terms will be governed by and construed in accordance with the laws of China (“China Laws”). Any dispute arising from or in connection with this Agreement shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing which shall be conducted in accordance with CIETAC’s arbitration rules in effect at the time of applying for arbitration, provided that this section shall not be construed to limit any rights which Fretish may have to apply to any court of competent jurisdiction for an order requiring you to perform or be prohibited from performing certain acts and other provisional relief permitted under China Laws or any other laws that may apply to you. The arbitration proceedings shall be conducted in English. The arbitral award rendered is final and binding upon both parties.”

The Dispute Resolution section shall be removed and is not applicable.


Contacting Fretish

If you have any questions about these Terms or any App Store Sourced Application, please contact Fretish.