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BookR — Terms of Service

Effective Date: ___________________ Last Updated: ___________________

These Terms of Service (the "Terms") govern access to and use of the BookR platform, including the BookR website, mobile applications, services, communications systems, and related technology (collectively, the "Platform").

By accessing, registering for, or using the Platform, Users acknowledge that they have read, understood, and agreed to be bound by these Terms.

BookrApp, LLC an Illinois limited liability company (formation filed with the Illinois Secretary of State; approval pending as of the date of this document)

[Business Address] [Support Email] [Website URL]

© BookrApp, LLC. All Rights Reserved.


ARTICLE I — DEFINITIONS

1.1 Defined Terms.

For purposes of these Terms of Service, the following capitalized terms shall have the meanings set forth below. Capitalized terms not otherwise defined herein shall be interpreted in accordance with their ordinary commercial meaning and the context in which they are used.

"Account"

  • Means a registered user profile established by a User for the purpose of accessing or

utilizing the Platform and Services.

"Applicable Law"

  • Means any applicable federal, state, local, municipal, regulatory, administrative, judicial,

or governmental law, statute, ordinance, regulation, rule, order, judgment, decree, permit, or requirement.

"Booking"

  • Means a reservation request submitted through the Platform and accepted by an Owner,

resulting in a contractual rental arrangement between the applicable Owner and Renter.

"BookR"

  • "BookR," "Company," "we," "our," and "us" mean BookrApp, LLC, together with its

affiliates, subsidiaries, successors, assigns, officers, directors, employees, contractors, agents, and representatives.

"Claims Process"

  • Means the procedures established by BookR, as amended from time to time, for investigating,

evaluating, and resolving allegations relating to damage, loss, theft, late return, payment disputes, cleaning fees, policy violations, or other Transaction-related matters.

"Content"

  • Means all information, text, photographs, images, videos, graphics, reviews, ratings,

communications, messages, documents, listing descriptions, metadata, and other materials uploaded, submitted, transmitted, displayed, published, or otherwise made available through the Platform.

"Damage Claim"

  • Means a claim asserting damage to, loss of, theft of, or wrongful retention of an Item in

connection with a Transaction, whether submitted by an Owner seeking reimbursement under the Protection Program or asserted against a Renter. Damage Claims are administered through the Claims Process and are subject to the deadlines in §2.13 and §7.6 and to the Protection Program Policy.

"Fees"

  • Means the amounts BookR charges for use of the Platform, as set out in the BookR Fee and

Payout Schedule. As of the Effective Date, the Service Fee described in that Schedule is the only Fee BookR charges. The Fee and Payout Schedule governs the amount of any Fee, how it is calculated, and which party pays it.

"Item"

  • Means any personal property, equipment, tool, recreational asset, consumer product, or other

tangible property offered for rental through the Platform. The term does not include motor vehicles, motorcycles, registrable trailers, watercraft requiring registration or an operator's licence, or aircraft, none of which may be listed through the Platform. See the Community Standards and Prohibited Items Policy §3.11.

"Listing"

  • Means an offer published by an Owner through the Platform to make an Item available for

rental, together with the title, description, photographs, pricing, availability, location information, and any other information the Owner supplies in connection with it.

"Owner"

  • Means a User who lists, offers, advertises, or otherwise makes an Item available for rental

through the Platform.

"Payment Processor"

  • Means a third-party payment service provider engaged by BookR to process payments, hold or

transfer funds, issue refunds, verify payment methods, disburse amounts owed to Owners, or provide related financial services in connection with the Platform. "Payment Processors" means one or more Payment Processors.

"Platform"

  • Means the BookR website, mobile applications, APIs, software, communications systems,

databases, technology infrastructure, and all related products and services provided by BookR.

"Platform Fees"

  • Has the same meaning as "Fees." The two terms are used interchangeably in these Terms and in

BookR's other policies and refer to the same amounts.

"Rental Period"

  • Means the period commencing upon transfer of possession of an Item from an Owner to a Renter

and ending upon the documented return of such Item to the Owner, as determined by BookR in its reasonable discretion.

"Renter"

  • Means a User who requests, reserves, books, possesses, accesses, or uses an Item through the

Platform.

"Authorized Payment Method"

  • "Authorized Payment Method" means any debit card, credit card, bank account, digital wallet,

payment instrument, or other payment method provided by a User and approved for use through the Platform.

"Services"

  • Means all services, functionality, features, software, communications tools, payment

facilitation services, verification processes, dispute-resolution mechanisms, support services, and other offerings made available through the Platform.

"Transaction"

  • Means any Booking, rental, reservation, payment, refund, cancellation, claim, dispute,

communication, or other activity occurring through or in connection with the Platform.

"User"

  • Means any individual, business, organization, partnership, corporation, limited liability

company, or other legal entity that accesses, browses, registers for, or utilizes the Platform.

"Verification Services"

  • Means any identity verification, document authentication, biometric verification, fraud

prevention, payment verification, risk assessment, background screening, or related services performed by BookR or its third-party service providers.

1.2 Rules of Interpretation.

For purposes of these Terms:

(a) Words importing the singular shall include the plural and vice versa;

(b) Words importing any gender shall include all genders;

(c) The terms "include," "includes," and "including" shall be deemed to be followed by the phrase "without limitation";

(d) section headings are included solely for convenience and shall not affect the interpretation of these Terms; and

(e) References to any statute, regulation, or law shall include all amendments, modifications, and successor provisions thereto.


ARTICLE II — MARKETPLACE STATUS AND NATURE OF SERVICES

2.1 Limited Role of BookR.

BookR operates solely as a technology platform that facilitates connections between independent Users seeking to offer, discover, reserve, and rent Items. BookR does not own, possess, lease, rent, store, warehouse, maintain, repair, inspect, supervise, transport, deliver, manage, control, insure, endorse, certify, or otherwise exercise custody over any Item listed through the Platform.

The Services provided by BookR are limited to the operation of the Platform and related administrative functions, including payment facilitation, identity verification, communications tools, transaction management, and dispute resolution services as described in these Terms.

Except as expressly provided herein, BookR is not a party to any agreement entered into between Users.

2.2 Transactions Between Users.

Each Transaction conducted through the Platform constitutes an independent arrangement between the applicable Owner and Renter.

The Owner and Renter acknowledge and agree that they are solely responsible for negotiating, performing, enforcing, and complying with all obligations arising from a Transaction, including without limitation obligations relating to:

(a) Item condition; (b) Item suitability; (c) Item legality; (d) pickup and return logistics; (e) Item operation and use; (f) compliance with Applicable Law; (g) payment obligations; (h) damage, loss, or theft; and (i) personal injury or property damage arising from use of an Item.

BookR shall have no responsibility for the acts, omissions, representations, warranties, conduct, negligence, or misconduct of any User.

2.3 No Agency Relationship.

Nothing contained in these Terms shall be construed as creating any partnership, joint venture, franchise, employment relationship, fiduciary relationship, agency relationship, or similar legal relationship between BookR and any User.

No User shall have authority to bind BookR, represent BookR, act on behalf of BookR, or incur obligations in the name of BookR.

Users participate in Transactions solely in their individual capacities and not as representatives of BookR.

2.4 No Endorsement or Certification.

The appearance of a Listing, Item, User profile, review, rating, verification badge, identity verification status, photograph, description, or other Content on the Platform shall not constitute an endorsement, recommendation, certification, guarantee, warranty, or representation by BookR.

BookR does not guarantee:

(a) the accuracy of Listings; (b) the condition of any Item; (c) the legality of any Item; (d) the identity of any User; (e) the qualifications of any User; (f) the safety of any Item; or (g) the performance of any Transaction.

Users are solely responsible for conducting their own evaluation of Listings and other Users before entering into a Transaction.

2.5 Verification Services.

BookR may offer Verification Services for the purpose of reducing fraud, improving trust and safety, and assisting with Platform operations.

Verification Services may include, without limitation:

(a) government identification verification; (b) selfie verification; (c) payment method verification; (d) document authentication; (e) fraud detection tools; and (f) risk assessment procedures.

Verification Services are provided solely as risk-mitigation measures and shall not be interpreted as guarantees of identity, trustworthiness, reliability, legal compliance, competence, or future conduct.

Users acknowledge that no verification process can eliminate all risks associated with Transactions.

2.6 Platform Availability.

BookR shall use commercially reasonable efforts to maintain Platform availability; however, BookR does not guarantee uninterrupted access to the Platform.

The Platform may be unavailable, delayed, restricted, suspended, or modified at any time due to:

(a) maintenance; (b) software updates; (c) security concerns; (d) third-party service failures; (e) network disruptions; or (f) circumstances beyond BookR's reasonable control.

BookR shall not be liable for any losses arising from Platform downtime, interruptions, delays, or technical failures.

2.7 Reservation of Rights.

BookR reserves the right, in its sole discretion and without prior notice, to:

(a) Remove Listings; (b) Suspend or terminate Accounts; (c) Restrict access to the Platform; (d) Cancel Transactions; (e) Investigate Users; (f) Modify Platform functionality; (g) Refuse service; and (h) Take any action reasonably necessary to protect Users, the Platform, or BookR's legitimate business interests.

The exercise or non-exercise of any right described in this Section shall not create any duty or obligation owed by BookR to any User.

2.8 Independent User Responsibility.

Each User acknowledges and agrees that participation in Transactions involves inherent risks that cannot be eliminated through technology, verification procedures, reviews, ratings, communications tools, or other Platform features.

Users assume sole responsibility for evaluating:

(a) the condition of an Item; (b) the suitability of an Item for its intended purpose; (c) the identity and trustworthiness of other Users; (d) compliance with Applicable Law; and (e) the risks associated with entering into a Transaction.

BookR makes no representation that use of the Platform will eliminate, reduce, or transfer such risks.

2.9 BookR Owner Protection Program.

Subject to these Terms and any supplemental policies adopted by BookR from time to time, certain Transactions conducted through the Platform may be eligible for reimbursement under the BookR Owner Protection Program (the "Protection Program").

The Protection Program is intended to encourage responsible participation in peer-to-peer rentals by providing limited financial protection to eligible Owners in the event of verified damage to or theft of an Item during an eligible Rental Period.

The Protection Program is not insurance, is not a warranty, and does not create any contractual obligation for BookR to reimburse any particular claim. All determinations regarding eligibility, coverage, valuation, and reimbursement shall be made by BookR in its sole and reasonable discretion.

2.10 Protection Limit.

For Transactions designated by BookR as eligible for Protection Program coverage, BookR may, in its sole and reasonable discretion, provide reimbursement of up to One Thousand Dollars ($1,000.00 USD) per approved claim. Eligibility for the Protection Program shall be determined by BookR based upon factors including, but not limited to, compliance with these Terms, completion of required verification procedures, account standing, transaction history, fraud-prevention protocols, risk assessments, and any other criteria established by BookR from time to time.

Under no circumstances shall reimbursement exceed:

(a) the documented fair market value of the Item; (b) the documented repair cost of the Item; (c) the documented replacement cost of the Item; or (d) One Thousand Dollars ($1,000.00 USD),

whichever amount is lowest.

This limit is the same limit stated in §7.3 and in Protection Program Policy §3.

BookR reserves the right to modify, suspend, limit, discontinue, expand, or otherwise revise the Protection Program, including eligibility requirements and reimbursement limits, at any time and without prior notice.

2.11 Eligible Events.

Subject to compliance with all Program requirements, eligible claims may include:

(a) accidental physical damage occurring during an active Rental Period; (b) theft of an Item during an active Rental Period; (c) failure to return an Item following expiration of the Rental Period where BookR reasonably determines that the Item has been wrongfully retained; and (d) other losses expressly approved by BookR in writing.

2.12 Excluded Losses.

The Protection Program shall not apply to:

(a) ordinary wear and tear; (b) cosmetic blemishes, minor scratches, dents, scuffs, fading, discoloration, or normal deterioration; (c) pre-existing damage; (d) undocumented damage; (e) mechanical failures not directly caused by a covered incident; (f) manufacturer defects; (g) damage resulting from improper maintenance; (h) losses occurring outside an approved Rental Period; (i) losses resulting from Owner misconduct, negligence, fraud, or misrepresentation; (j) losses caused by acts of war, terrorism, civil unrest, or natural disasters; or (k) any loss that BookR cannot reasonably verify as having occurred during the applicable Transaction.

2.13 Owner Claim Requirements.

As a condition of eligibility for reimbursement, an Owner must strictly comply with all claim submission requirements established by BookR.

At a minimum, the Owner shall:

(a) submit a Damage Claim within seven (7) calendar days following return of the Item, or, where the alleged loss was not reasonably discoverable within that period, within seventy-two (72) hours following discovery of it, and in no event more than thirty (30) calendar days following return of the Item; (b) provide clear photographic or video evidence documenting the condition of the Item; (c) provide evidence demonstrating the condition of the Item immediately prior to the Rental Period, when requested; (d) provide proof of ownership; (e) provide proof of value, including receipts, invoices, purchase records, appraisals, or other documentation reasonably requested by BookR; (f) cooperate fully with any investigation conducted by BookR; and (g) provide any additional information reasonably requested by BookR.

The deadlines in subsection (a) are the same deadlines stated in §7.6 and in Protection Program Policy §7.

Failure to satisfy any requirement of this Section may result in denial of the claim.

2.14 Recovery from Responsible Parties

As part of the Claims Process, BookR may seek reimbursement directly from the responsible Renter, including by:

(a) charging Authorized Payment Methods; (b) offsetting future earnings, credits, or payouts; (c) utilizing collection agencies; (d) reporting unpaid obligations to third-party service providers; (e) initiating arbitration proceedings; (f) pursuing litigation where permitted by Applicable Law; or (g) pursuing any other lawful remedy available under these Terms or Applicable Law.

2.15 Secondary Nature of Protection.

Where an Owner maintains insurance coverage applicable to a claimed loss, BookR may require the Owner to first pursue recovery through such insurance coverage before seeking reimbursement under the Protection Program.

BookR reserves the right to reduce or deny reimbursement to the extent a loss is recoverable through another source.

Nothing contained herein shall obligate BookR to act as an insurer or guarantor of any Item.

2.16 Identity Verification Requirements.

Eligibility for the Protection Program may be conditioned upon successful completion of identity verification procedures, fraud-prevention reviews, account standing reviews, transaction risk assessments, and any other requirements established by BookR.

Such procedures may include:

(a) government-issued photo identification; (b) selfie verification; (c) payment method verification; (d) fraud screening procedures; (e) transaction monitoring procedures; and (f) any additional verification or security requirements established by BookR.

Completion of any verification process shall not, by itself, guarantee eligibility for Protection Program coverage. BookR reserves the right to determine eligibility for any Transaction in its sole and reasonable discretion.

2.17 Protection Program Eligibility.

Eligibility for the Protection Program shall be determined by BookR in its sole and reasonable discretion.

The existence of an Account, completion of identity verification procedures, successful completion of a Transaction, payment of Fees, or participation in the Platform shall not, individually or collectively, guarantee eligibility for reimbursement.

BookR reserves the right to deny, limit, condition, suspend, or revoke Protection Program eligibility where BookR reasonably determines that:

(a) a User has violated these Terms; (b) fraud or abuse may be present; (c) required documentation is unavailable; (d) a claim cannot be reasonably verified; or (e) reimbursement would otherwise be inconsistent with the purposes of the Protection Program.

2.18 Late Returns.

If a Renter fails to return an Item by the agreed return time, BookR may assess additional rental charges, late fees, administrative fees, or other charges authorized under these Terms.

Unless otherwise specified by BookR, BookR may charge a late-return rate of up to two (2) times the applicable rental rate for periods during which an Item is wrongfully retained beyond the approved Rental Period.

Assessment of late-return charges shall not limit any other rights or remedies available to BookR or the Owner.


ARTICLE III — PAYMENTS, PAYMENT AUTHORIZATIONS, AND CLAIMS RECOVERY

3.1 Authorized Payment Methods.

As a condition of accessing certain Services, Users may be required to provide one or more valid payment methods acceptable to BookR.

Each User represents and warrants that:

(a) the User is authorized to use any payment method submitted to the Platform; (b) all payment information provided to BookR is accurate and complete; (c) the payment method remains in good standing; and (d) the User shall promptly update any expired, cancelled, or otherwise invalid payment information.

BookR reserves the right to suspend access to the Platform where a User fails to maintain a valid Authorized Payment Method.

3.2 Payment Processing.

BookR may utilize one or more third-party Payment Processors to facilitate Transactions conducted through the Platform.

Users authorize BookR and its Payment Processors to:

(a) collect rental payments; (b) collect applicable Fees; (c) issue refunds and credits; (d) verify payment methods; (e) process reimbursements; and (f) facilitate collection of amounts owed under these Terms.

BookR is not responsible for errors, interruptions, delays, or failures attributable to any third-party Payment Processor.

3.3 Authorization for Charges.

By creating an Account, submitting a Booking request, accepting a Booking request, completing a Transaction, or otherwise using the Platform, each User expressly authorizes BookR and its Payment Processors to charge, debit, collect, or otherwise recover funds from any Authorized Payment Method associated with the User's Account in accordance with these Terms.

Such authorization shall remain in effect until all obligations arising from the User's use of the Platform have been fully satisfied.

3.4 Authorization for Damage Claims and Transaction Liabilities.

Each Renter expressly authorizes BookR and its Payment Processors to charge any Authorized Payment Method associated with the Renter's Account for amounts arising from:

(a) approved Damage Claims; (b) approved theft or loss claims; (c) Item replacement costs; (d) Item repair costs; (e) late-return fees; (f) cleaning fees; (g) administrative fees; (h) collection costs; (i) dispute resolution costs; and (j) any other amount determined by BookR to be properly owed under these Terms.

Users acknowledge that such charges may be assessed after completion of the applicable Rental Period. Users further acknowledge that approved claims may be assessed and collected following completion of the Claims Process, including after the applicable Transaction has otherwise concluded.

3.5 Claims Review and Determinations.

BookR may review evidence submitted by Owners, Renters, Payment Processors, law enforcement agencies, insurers, third-party service providers, and other relevant sources in connection with any claim.

Evidence considered by BookR may include:

(a) photographs; (b) videos; (c) communications between Users; (d) receipts and invoices; (e) repair estimates; (f) verification records; (g) transaction records; and (h) any other information deemed relevant by BookR.

BookR reserves the right to approve, deny, adjust, settle, or otherwise resolve claims in its sole and reasonable discretion.

3.6 Recovery Rights.

Where BookR reimburses an Owner under the Protection Program, BookR shall be entitled to pursue recovery from any User determined to be responsible for the applicable loss.

BookR may seek recovery through:

(a) charges to Authorized Payment Methods; (b) offsets against future earnings, credits, or payouts; (c) collections agencies; (d) arbitration proceedings; (e) litigation; or (f) any other lawful means available under Applicable Law.

Users agree to cooperate with BookR's recovery efforts.

3.7 Continuing Payment Authorization.

The authorizations granted under this Article shall survive:

(a) completion of a Transaction; (b) cancellation of a Transaction; (c) suspension of an Account; (d) termination of an Account; (e) removal of a payment method; and (f) expiration or replacement of a payment method.

Users acknowledge that BookR may continue to pursue recovery of valid obligations arising from Transactions notwithstanding the closure or termination of an Account.

3.8 Card Verification Holds.

BookR reserves the right to verify the validity of any Authorized Payment Method.

As part of such verification procedures, BookR may place temporary authorization holds on payment methods. Such holds do not constitute completed charges unless subsequently captured in accordance with these Terms.

An authorization hold is not a security deposit. BookR does not collect security deposits, and no amount is held in advance against the possibility of damage. See the Fee and Payout Schedule §9.

The amount and duration of any authorization hold shall be determined by BookR and its Payment Processors.

3.9 Chargebacks and Payment Disputes

Users agree not to initiate chargebacks, payment reversals, or payment disputes for amounts properly assessed under these Terms.

Where a User initiates a chargeback or payment dispute relating to an approved claim, Fee, reimbursement, or other obligation arising from a Transaction, BookR may:

(a) suspend or terminate the User's Account; (b) recover the disputed amount through other means; (c) pursue collection efforts; (d) offset future payouts; and (e) recover reasonable costs incurred in responding to the dispute.

Nothing contained herein shall limit BookR's right to contest any chargeback or payment dispute through the applicable payment network.


ARTICLE IV — ELIGIBILITY, ACCOUNT REGISTRATION, IDENTITY VERIFICATION, AND ELECTRONIC CONSENT

4.1 Eligibility.

Access to and use of the Platform is limited to persons who possess the legal capacity to enter into binding contracts under Applicable Law.

By creating an Account or using the Services, each User represents and warrants that:

(a) the User is at least eighteen (18) years of age; (b) the User has the legal authority to enter into binding agreements; (c) the User is not prohibited from using the Platform under Applicable Law; (d) all information provided to BookR is accurate, current, and complete; and (e) the User shall maintain the accuracy of such information throughout the duration of the User's relationship with BookR.

BookR reserves the right to restrict, suspend, or terminate access to the Platform where a User fails to satisfy eligibility requirements.

4.2 Account Registration.

Certain features of the Platform may require creation of an Account.

During registration, Users may be required to provide:

(a) legal name; (b) date of birth; (c) telephone number; (d) email address; (e) residential address; (f) payment information; and (g) any additional information reasonably requested by BookR.

Users agree to provide truthful and accurate information and acknowledge that submission of false, misleading, or incomplete information may result in immediate suspension or termination of an Account.

4.3 One Account Rule.

Unless expressly authorized by BookR in writing, a User may maintain only one Account.

BookR reserves the right to merge, suspend, restrict, or terminate duplicate Accounts at any time.

Creation of Accounts for the purpose of circumventing Platform restrictions, investigations, suspensions, bans, or policy enforcement measures is strictly prohibited.

4.4 Identity Verification.

BookR may require Users to complete identity verification procedures as a condition of accessing certain Services, creating Listings, completing Transactions, receiving payouts, participating in the Protection Program, or otherwise utilizing the Platform.

Verification procedures may include:

(a) submission of government-issued identification; (b) submission of photographic images or selfies; (c) payment method verification; (d) address verification; (e) fraud screening procedures; (f) document authentication procedures; and (g) any other verification procedures reasonably deemed necessary by BookR.

BookR reserves the right to determine whether verification requirements have been satisfied.

4.5 Verification Is Not a Guarantee.

Completion of any verification process shall not constitute a representation, warranty, certification, or guarantee regarding the identity, trustworthiness, reliability, competence, financial condition, legal compliance, or future conduct of any User.

Users acknowledge that no verification process can eliminate all risks associated with participation in peer-to-peer transactions.

4.6 Electronic Consent and Electronic Signatures.

Users consent to the use of electronic records, electronic communications, electronic disclosures, and electronic signatures in connection with the Platform.

By selecting buttons, checkboxes, links, or similar electronic acknowledgements indicating acceptance, approval, agreement, authorization, submission, or confirmation, Users agree that such actions constitute legally binding electronic signatures to the fullest extent permitted by Applicable Law.

Users agree that electronic records shall have the same force and effect as original paper documents.

4.7 Consent to Receive Electronic Communications.

Users consent to receive communications from BookR electronically, including through:

(a) email; (b) text message; (c) in-app notifications; (d) Platform notices; and (e) other electronic means.

Such communications may include legal notices, account notifications, transactional communications, verification requests, claims communications, policy updates, and other information relating to the Services.

4.8 Biometric Information Authorization.

Where permitted by Applicable Law, BookR and its third-party service providers may collect, process, store, use, and analyze biometric information, biometric identifiers, facial geometry data, or similar information for identity verification, fraud prevention, security monitoring, account authentication, and related purposes.

Users acknowledge and agree that participation in verification procedures involving facial recognition technology, selfie verification, biometric comparison tools, or similar technologies may require the collection and processing of biometric information.

BookR shall maintain policies regarding the retention, protection, and destruction of biometric information in accordance with Applicable Law and any applicable Privacy Policy or Biometric Information Policy.

Users may decline to provide biometric information; however, BookR reserves the right to limit access to certain Services where biometric verification is required.

4.9 Reservation of Verification Rights.

BookR reserves the right, at any time and in its sole discretion, to:

(a) require additional verification; (b) re-verify a User's identity; (c) suspend access pending verification; (d) deny verification; (e) restrict Platform functionality; or (f) terminate an Account.

Nothing contained in this Article shall obligate BookR to verify any User or conduct any particular verification procedure.

4.10 Separate Biometric Information Policy.

Users acknowledge that BookR may maintain a separate Biometric Information Policy governing the collection, use, retention, disclosure, storage, protection, and destruction of biometric information and biometric identifiers.

Where applicable, Users may be required to review and affirmatively consent to such policy as a condition of accessing certain Services, completing identity verification procedures, participating in Transactions, receiving payouts, obtaining Protection Program eligibility, or otherwise utilizing the Platform.

In the event of any conflict between this Article and the applicable Biometric Information Policy, the Biometric Information Policy shall govern solely with respect to biometric information and biometric identifiers.

Nothing contained herein shall obligate BookR to provide identity verification services or permit participation in the Platform where a User declines required verification procedures.


ARTICLE V — LISTINGS AND OWNER OBLIGATIONS

5.1 Creation of Listings.

Owners may create Listings through the Platform for Items that are eligible for rental under these Terms and any policies adopted by BookR.

Each Listing must accurately describe the Item being offered and include all information reasonably necessary for prospective Renters to evaluate the Item and the proposed Transaction.

BookR reserves the right to approve, reject, modify, suspend, remove, or restrict any Listing at any time and for any reason.

5.2 Ownership and Authority.

By creating a Listing, the Owner represents and warrants that:

(a) the Owner is the lawful owner of the Item or otherwise possesses all rights necessary to offer the Item for rental; (b) the Item is not stolen, unlawfully possessed, or subject to any restriction that would prohibit rental through the Platform; (c) offering the Item for rental will not violate any contract, lease, financing agreement, insurance policy, court order, or Applicable Law; (d) the Owner possesses all permissions, licenses, registrations, and approvals required to rent the Item; and (e) the Owner has authority to enter into Transactions relating to the Item.

5.3 Accuracy of Listings.

Owners shall ensure that all Listings remain accurate, complete, and current at all times.

Without limitation, Owners shall accurately disclose:

(a) the nature and identity of the Item; (b) the Item's condition; (c) known defects, limitations, or safety concerns; (d) operating requirements; (e) usage restrictions; (f) availability information; and (g) any other information that a reasonable Renter would consider material when deciding whether to enter into a Transaction.

Owners shall promptly update Listings whenever material information changes.

5.4 Item Condition.

Owners represent and warrant that all Items offered through the Platform shall be maintained in a condition reasonably suitable for their intended use.

Owners shall not knowingly offer Items that:

(a) are unsafe; (b) are materially defective; (c) present unreasonable risks of injury or property damage; (d) are unlawfully modified; or (e) otherwise fail to comply with Applicable Law.

BookR does not inspect Items and relies upon information provided by Owners.

5.5 Required Photographs.

Owners shall provide clear and accurate photographs that reasonably depict the Item being offered for rental.

Photographs shall not be materially misleading and shall accurately reflect the Item's current condition.

BookR reserves the right to remove Listings containing inaccurate, deceptive, manipulated, or misleading images.

5.6 Condition Documentation.

Owners acknowledge that documentation of an Item's condition is an essential component of the Protection Program and Claims Process.

Owners seeking reimbursement under the Protection Program may be required to provide dated photographs, videos, inspection records, or other evidence demonstrating the condition of the Item immediately before and after a Rental Period.

Failure to maintain adequate condition documentation may result in denial of a claim.

5.7 Protection Program Documentation Requirements.

As a condition of eligibility for reimbursement under the Protection Program, Owners may be required to maintain and provide contemporaneous documentation demonstrating the condition of an Item immediately before and after each Rental Period.

Such documentation may include:

(a) timestamped photographs; (b) timestamped videos; (c) inspection records; (d) condition reports; (e) inventory records; and (f) any other evidence reasonably requested by BookR.

BookR reserves the right to deny, reduce, or limit reimbursement where sufficient documentation is unavailable or where the condition of an Item immediately preceding or following a Rental Period cannot be reasonably verified.

Nothing contained in this Section shall obligate BookR to approve any claim solely because documentation has been provided.

5.8 Prohibited Listings.

Owners shall not list, advertise, offer, or make available any Item prohibited by these Terms, Applicable Law, or any policy adopted by BookR.

Without limitation, prohibited Listings may include:

(a) stolen property; (b) counterfeit goods; (c) illegal substances; (d) firearms, ammunition, explosives, or destructive devices; (e) hazardous materials; (f) Items requiring licenses or permits not possessed by the Owner; (g) Items that present unreasonable safety risks; and (h) any Item prohibited by BookR in its sole discretion.

The Community Standards and Prohibited Items Policy sets out the prohibited categories in full, together with conditions applicable to particular categories of Item, and forms part of these Terms under §16.6.

BookR may remove prohibited Listings without notice.

5.9 Compliance with Applicable Law.

Owners are solely responsible for ensuring that their Listings, Items, Transactions, and conduct comply with Applicable Law.

BookR does not provide legal, tax, regulatory, licensing, insurance, or compliance advice.

Owners acknowledge that legality may vary based upon jurisdiction, Item type, licensing requirements, and intended use.

5.10 Listing Removal and Platform Enforcement.

BookR reserves the right, in its sole discretion, to:

(a) remove Listings; (b) restrict Listings; (c) suspend Listings; (d) require additional documentation; (e) require proof of ownership; (f) require proof of condition; (g) restrict categories of Items; and (h) terminate an Owner's access to the Platform.

BookR shall have no obligation to permit any Listing to remain active.

5.11 Owner Responsibility for Transactions.

Owners acknowledge and agree that they remain solely responsible for:

(a) the accuracy of Listings; (b) the condition of Items; (c) compliance with Applicable Law; (d) fulfillment of Transactions; (e) communications with Renters; (f) transfer and recovery of possession of Items; and (g) all obligations arising from Transactions involving their Items.

Nothing contained in these Terms shall be construed as transferring such responsibilities to BookR.

5.12 No Representation by BookR.

The publication of a Listing on the Platform shall not constitute an endorsement, certification, guarantee, warranty, inspection, approval, or recommendation by BookR.

BookR makes no representation regarding:

(a) the legality of any Listing; (b) the safety of any Item; (c) the accuracy of any Listing; (d) the suitability of any Item; or (e) the conduct of any Owner.

Users rely upon Listings at their own risk.


ARTICLE VI — BOOKINGS, RENTAL TRANSACTIONS, PICKUP, RETURN, AND RENTER OBLIGATIONS

6.1 Booking Requests.

Renters may request to reserve Items through the Platform.

Submission of a Booking request does not create a binding Transaction until such request is accepted by the applicable Owner and confirmed through the Platform.

BookR reserves the right to refuse, restrict, suspend, cancel, or otherwise prevent any Booking request at its sole discretion.

6.2 Formation of Transactions.

A Transaction shall be deemed formed only upon:

(a) acceptance of a Booking request by the applicable Owner; (b) successful processing of required payments; and (c) confirmation through the Platform.

Each Transaction constitutes a separate agreement between the applicable Owner and Renter.

6.3 Pickup and Transfer of Possession.

Owners and Renters are solely responsible for coordinating pickup, delivery, return, and transfer logistics unless otherwise facilitated through the Platform.

Upon transfer of possession of an Item, the Renter assumes responsibility for the Item until completion of the Rental Period and return of the Item to the Owner.

6.4 Pre-Rental Inspection.

Prior to accepting possession of an Item, the Renter is responsible for inspecting the Item and confirming that it is in acceptable condition.

Any concerns regarding condition, defects, damage, missing components, or operational issues shall be reported through the Platform as soon as reasonably practicable.

Failure to report known issues may be considered evidence that the Item was accepted in satisfactory condition.

6.5 Use of Items.

Renters shall use Items only:

(a) for lawful purposes; (b) in accordance with manufacturer instructions; (c) in accordance with any instructions provided by the Owner; (d) in a reasonable and prudent manner; and (e) in compliance with Applicable Law.

6.6 Prohibited Uses.

Without limitation, Renters shall not:

(a) use an Item for unlawful purposes; (b) intentionally damage an Item; (c) operate an Item while impaired by drugs or alcohol; (d) modify an Item; (e) remove identifying markings or serial numbers; (f) use an Item in a manner inconsistent with its intended purpose; or (g) permit unauthorized persons to use an Item.

6.7 Responsibility During Rental Period.

The Renter assumes responsibility for the Item throughout the Rental Period, including responsibility for:

(a) damage; (b) theft; (c) loss; (d) misuse; (e) negligent operation; and (f) failure to return the Item.

Such responsibility shall continue until possession of the Item has been returned to the Owner.

6.8 Return of Items.

Renters shall return Items:

(a) on or before the agreed return time; (b) in substantially the same condition as received, excluding ordinary wear and tear; (c) with all included accessories, components, and attachments; and (d) in compliance with any reasonable return instructions communicated through the Platform.

6.9 Late Returns.

Failure to return an Item by the agreed return time may result in:

(a) additional rental charges; (b) late-return fees; (c) administrative fees; (d) Protection Program ineligibility; (e) account restrictions; and (f) collection activity.

BookR may assess charges of up to two (2) times the applicable rental rate for periods during which an Item is wrongfully retained.

6.10 Unauthorized Retention.

Where a Renter fails to return an Item and BookR reasonably determines that the Item is being wrongfully retained, BookR may:

(a) suspend or terminate the Renter's Account; (b) initiate collection efforts; (c) pursue recovery through legal proceedings; (d) cooperate with law enforcement authorities; and (e) pursue any other remedy available under Applicable Law.

6.11 Reporting Damage or Loss.

Renters shall promptly report any damage, theft, loss, malfunction, accident, or incident involving an Item.

Failure to promptly report such events may be considered during the Claims Process and may result in additional liability.

6.12 No Ownership Rights.

Participation in a Transaction does not transfer ownership of an Item to a Renter.

Renters acquire only a temporary and revocable right to possess and use the Item in accordance with these Terms and the applicable Transaction.


ARTICLE VII — PROTECTION PROGRAM AND CLAIMS PROCEDURES

7.1 Protection Program.

BookR may offer a limited Owner Protection Program designed to encourage responsible participation in peer-to-peer rental Transactions.

The Protection Program is not insurance, is not a warranty, and does not create a guarantee of reimbursement.

Participation in the Protection Program is subject to these Terms and any supplemental policies adopted by BookR from time to time.

7.2 Protection Program Eligibility.

Eligibility for the Protection Program shall be determined by BookR in its sole and reasonable discretion.

No User shall be entitled to reimbursement solely by virtue of:

(a) maintaining an Account; (b) completing verification procedures; (c) participating in a Transaction; (d) paying Fees; or (e) utilizing the Platform.

BookR reserves the right to deny, suspend, restrict, revoke, or limit eligibility at any time.

7.3 Protection Limit.

For Transactions designated by BookR as eligible for Protection Program coverage, BookR may provide reimbursement of up to One Thousand Dollars ($1,000.00 USD) per approved claim.

Under no circumstances shall reimbursement exceed:

(a) the documented repair cost; (b) the documented replacement cost; (c) the documented fair market value of the Item; or (d) One Thousand Dollars ($1,000.00 USD),

whichever amount is lowest.

This limit is the same limit stated in §2.10 and in Protection Program Policy §3.

7.4 Covered Events.

Subject to compliance with these Terms, eligible claims may include:

(a) accidental physical damage occurring during a Rental Period; (b) theft occurring during a Rental Period; (c) wrongful retention of an Item; (d) loss of an Item during a Rental Period; and (e) other losses expressly approved by BookR.

7.5 Excluded Losses.

The Protection Program shall not apply to:

(a) ordinary wear and tear; (b) cosmetic imperfections; (c) scratches, dents, fading, discoloration, or deterioration resulting from ordinary use; (d) pre-existing damage; (e) undocumented damage; (f) manufacturer defects; (g) mechanical failure not caused by a covered event; (h) Owner negligence; (i) fraudulent claims; (j) losses occurring outside the Rental Period; (k) losses resulting from violations of these Terms; or (l) losses that cannot be reasonably verified by BookR.

7.6 Claim Reporting Deadline.

Owners seeking reimbursement must submit a Damage Claim through the Platform:

(a) within seven (7) calendar days following return of the Item; or

(b) where the alleged loss was not reasonably discoverable within that period, within seventy-two (72) hours following discovery of it.

In no event may a Damage Claim be submitted more than thirty (30) calendar days following return of the Item.

Claims submitted outside the applicable reporting period may be denied.

Submission of a timely Damage Claim does not obligate BookR to review, investigate, or resolve it within any particular period.

These deadlines are the same deadlines stated in §2.13(a) and in Protection Program Policy §7.

7.7 Required Documentation.

Owners shall provide all documentation reasonably requested by BookR.

Such documentation may include:

(a) photographs; (b) videos; (c) proof of ownership; (d) proof of value; (e) receipts; (f) invoices; (g) repair estimates; (h) condition reports; (i) communications between Users; and (j) any other information reasonably requested by BookR.

Failure to provide requested documentation may result in denial of a claim.

7.8 Investigation Procedures.

BookR reserves the right to investigate any claim.

During an investigation, BookR may:

(a) request additional documentation; (b) interview Users; (c) review Platform communications; (d) review Transaction records; (e) obtain information from third parties; and (f) take any other action reasonably necessary to evaluate a claim.

Users agree to cooperate fully with any investigation.

7.9 Claims Determinations.

Following review of the available evidence, BookR may:

(a) approve a claim; (b) deny a claim; (c) partially approve a claim; (d) request additional information; or (e) otherwise resolve the matter.

Claims determinations shall be made in BookR's sole and reasonable discretion.

7.10 Recovery from Responsible Parties.

Users acknowledge that Renters remain financially responsible for damage, theft, loss, wrongful retention, and other liabilities arising from their use of an Item.

Where BookR reimburses an Owner under the Protection Program, BookR may seek recovery from any responsible User.

Such recovery efforts may include:

(a) charges to Authorized Payment Methods; (b) offsets against future payouts; (c) collection agencies; (d) arbitration proceedings; (e) litigation; and (f) any other lawful remedy.

7.11 No Obligation to Reimburse.

Nothing contained in this Article shall obligate BookR to reimburse any particular claim.

The Protection Program is offered as a discretionary Platform benefit and may be modified, suspended, restricted, or terminated by BookR at any time.

7.12 Fraud Prevention.

BookR reserves the right to deny any claim involving suspected fraud, abuse, collusion, misrepresentation, falsified documentation, account manipulation, or other conduct inconsistent with the purpose of the Protection Program.

BookR may suspend Accounts, terminate Accounts, restrict Platform access, pursue recovery efforts, or refer matters to law enforcement authorities where fraud is suspected.

7.13 No Insurance Relationship.

Users acknowledge and agree that:

(a) BookR is not an insurer; (b) the Protection Program is not an insurance policy; (c) participation in the Protection Program does not create an insurance contract; and (d) Users remain responsible for obtaining any insurance coverage they deem appropriate.


ARTICLE VIII — USER CONDUCT, PROHIBITED ACTIVITIES, AND PLATFORM ENFORCEMENT

8.1 General Conduct Standards.

Users shall utilize the Platform in a lawful, responsible, honest, and respectful manner.

Users shall not engage in conduct that:

(a) violates Applicable Law; (b) violates these Terms; (c) interferes with the operation of the Platform; (d) harms other Users; (e) exposes BookR to legal, regulatory, financial, reputational, or operational risk; or (f) is otherwise inconsistent with the intended purpose of the Platform.

8.2 Fraudulent Conduct.

Users shall not engage in fraudulent, deceptive, misleading, or dishonest conduct.

Prohibited conduct includes, without limitation:

(a) providing false information during registration; (b) misrepresenting identity; (c) creating fake Accounts; (d) submitting falsified verification documents; (e) submitting fraudulent claims; (f) manipulating Transactions; (g) creating fictitious Listings; (h) impersonating another person or entity; or (i) attempting to obtain money, reimbursements, or benefits through deception.

8.3 Circumvention of the Platform.

Users shall not circumvent the Platform for the purpose of avoiding Fees, verification requirements, recordkeeping requirements, claims procedures, or Platform policies.

Without limitation, Users shall not:

(a) encourage other Users to complete Transactions outside the Platform; (b) exchange payment information for the purpose of avoiding Platform Fees; (c) redirect Transactions away from the Platform; or (d) otherwise interfere with BookR's ability to administer Transactions.

BookR reserves the right to suspend or terminate Accounts involved in circumvention activities. Transactions initiated through the Platform that are subsequently completed outside the Platform may result in assessment of Platform Fees that would have otherwise been due.

8.4 Abuse of the Protection Program.

Users shall not manipulate, exploit, or abuse the Protection Program.

Prohibited conduct includes:

(a) staging losses; (b) submitting exaggerated claims; (c) concealing material facts; (d) falsifying receipts, invoices, photographs, videos, or other evidence; (e) colluding with other Users; or (f) otherwise attempting to improperly obtain reimbursement.

BookR reserves the right to deny claims and pursue recovery where abuse is suspected.

8.5 Harassment and Misconduct.

Users shall not engage in harassment, threats, intimidation, discrimination, hate speech, stalking, coercion, abusive behavior, or other misconduct directed toward Users, BookR personnel, service providers, or third parties.

BookR may suspend or terminate Accounts involved in such conduct.

8.6 Unauthorized Access and Security Violations.

Users shall not:

(a) attempt to gain unauthorized access to the Platform; (b) interfere with Platform security measures; (c) introduce malicious code; (d) scrape Platform data; (e) engage in automated data extraction; (f) reverse engineer Platform systems; or (g) otherwise interfere with Platform operations.

8.7 Prohibited Content.

Users shall not upload, publish, transmit, or otherwise make available Content that:

(a) is false or misleading; (b) infringes intellectual property rights; (c) is defamatory; (d) contains malicious software; (e) violates privacy rights; (f) promotes unlawful conduct; or (g) violates Applicable Law.

BookR reserves the right to remove Content without notice.

8.8 Chargeback Abuse.

Users shall not initiate chargebacks, payment reversals, or payment disputes for amounts properly assessed pursuant to these Terms.

Where BookR reasonably determines that a User has engaged in abusive, fraudulent, or bad-faith chargeback activity, BookR may:

(a) suspend or terminate the User's Account; (b) pursue recovery of disputed amounts; (c) offset future payouts; (d) refer the matter to collections; and (e) pursue any other remedy permitted by Applicable Law.

8.9 Multiple Accounts and Ban Evasion.

Users shall not create or utilize multiple Accounts for the purpose of:

(a) evading restrictions; (b) avoiding enforcement actions; (c) circumventing verification procedures; (d) manipulating reviews; or (e) engaging in prohibited conduct.

BookR reserves the right to terminate duplicate Accounts and associated Accounts.

8.10 Cooperation with Investigations.

Users agree to cooperate with investigations conducted by BookR regarding suspected violations of these Terms.

Such cooperation may include providing information, documentation, photographs, communications, verification records, or other evidence reasonably requested by BookR.

Failure to cooperate may result in Account restrictions or termination.

8.11 Platform Enforcement Rights.

BookR reserves the right, in its sole discretion, to:

(a) remove Listings; (b) remove Content; (c) cancel Transactions; (d) suspend Accounts; (e) terminate Accounts; (f) restrict Platform access; (g) deny Protection Program eligibility; (h) deny claims; (i) withhold payouts pending investigation; and (j) take any other action reasonably necessary to protect the Platform, Users, or BookR.

BookR shall have no obligation to provide advance notice before taking enforcement action.

8.12 Referral to Law Enforcement.

Where BookR reasonably believes that conduct may involve criminal activity, fraud, theft, identity theft, financial crimes, property crimes, or threats to public safety, BookR may cooperate with law enforcement agencies and provide information as permitted by Applicable Law.

Nothing contained herein shall obligate BookR to investigate, prosecute, or pursue any particular matter.

8.13 Reservation of Rights.

The failure of BookR to enforce any provision of these Terms shall not constitute a waiver of any right or remedy.

BookR reserves all rights and remedies available under these Terms, Applicable Law, and equity.


ARTICLE IX — REVIEWS, RATINGS, USER CONTENT, AND COMMUNICATIONS

9.1 User Content.

Users may submit, upload, publish, transmit, or otherwise make available Content through the Platform, including Listings, photographs, videos, reviews, ratings, messages, descriptions, and other materials.

Users retain ownership of their User Content, subject to the rights granted to BookR under these Terms.

9.2 Content License.

By submitting User Content to the Platform, each User grants BookR a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, modify, adapt, publish, display, distribute, and otherwise utilize such User Content in connection with operation, promotion, improvement, protection, and administration of the Platform.

This license shall survive termination of a User's Account to the extent reasonably necessary to operate the Platform, comply with legal obligations, resolve disputes, enforce these Terms, or maintain historical transaction records.

9.3 User Representations.

Users represent and warrant that:

(a) they own or control all rights necessary to submit User Content; (b) User Content does not infringe intellectual property rights; (c) User Content is accurate and not misleading; (d) User Content complies with Applicable Law; and (e) User Content does not violate these Terms.

9.4 Reviews and Ratings.

Following completion of a Transaction, Users may be permitted to submit reviews and ratings relating to their experience.

Reviews and ratings should reflect honest opinions and actual experiences.

Users shall not submit reviews that are knowingly false, misleading, fraudulent, retaliatory, defamatory, or otherwise inconsistent with the purpose of the review system.

9.5 Prohibited Review Activity.

Users shall not:

(a) offer compensation in exchange for reviews; (b) threaten negative reviews to obtain concessions; (c) manipulate ratings; (d) create fake reviews; (e) submit reviews regarding Transactions in which the User did not participate; or (f) otherwise undermine the integrity of the review system.

9.6 Content Moderation.

BookR reserves the right, but assumes no obligation, to review, monitor, edit, restrict, remove, refuse, or otherwise moderate User Content.

BookR may take such action where it reasonably determines that User Content violates these Terms, Applicable Law, Platform policies, or BookR's legitimate business interests.

9.7 Communications.

The Platform may provide messaging, communication, notification, and collaboration tools.

Users acknowledge that communications occurring through the Platform may be monitored, reviewed, retained, disclosed, or utilized by BookR for safety, fraud prevention, customer support, claims administration, legal compliance, and Platform operations.

9.8 No Obligation to Preserve Content.

BookR does not guarantee preservation, storage, retention, availability, or recovery of User Content.

Users are solely responsible for maintaining copies of any information they wish to preserve.


ARTICLE X — INTELLECTUAL PROPERTY RIGHTS

10.1 Ownership of the Platform.

The Platform, Services, software, source code, object code, technology, databases, interfaces, workflows, designs, graphics, trademarks, trade dress, logos, documentation, and all related intellectual property are owned by BookR and its licensors and are protected by Applicable Law.

No ownership rights are transferred to Users through use of the Platform.

10.2 Limited License.

Subject to compliance with these Terms, BookR grants Users a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and utilize the Platform solely for its intended purposes.

All rights not expressly granted are reserved by BookR.

10.3 Restrictions.

Users shall not:

(a) copy the Platform; (b) modify the Platform; (c) reverse engineer the Platform; (d) create derivative works; (e) scrape Platform data; (f) circumvent security measures; (g) exploit Platform content for commercial purposes without authorization; or (h) otherwise violate BookR's intellectual property rights.

10.4 Trademarks.

BookR, the BookR name, logos, branding elements, slogans, and related marks are the exclusive property of BookR.

Nothing contained in these Terms grants any right to use BookR trademarks without prior written consent.

10.5 Feedback.

Users may voluntarily provide feedback, suggestions, recommendations, ideas, concepts, or proposed improvements relating to the Platform.

Users acknowledge that BookR may utilize such feedback without restriction and without obligation to provide compensation or attribution.

10.6 Intellectual Property Complaints.

BookR reserves the right to remove Content alleged to infringe intellectual property rights.

BookR may investigate claims of infringement and take actions it deems appropriate, including removal of Content, suspension of Accounts, or termination of access to the Platform.

Notices of claimed copyright infringement, and counter-notifications, are governed by the Copyright and DMCA Policy and must be directed to the designated agent identified in that Policy.


ARTICLE XI — DISCLAIMERS AND ASSUMPTION OF RISK

11.1 Assumption of Risk.

Users acknowledge that participation in peer-to-peer rental Transactions involves inherent risks.

Such risks may include:

(a) property damage; (b) theft; (c) loss of Items; (d) personal injury; (e) equipment malfunction; (f) inaccurate Listings; (g) user misconduct; and (h) other foreseeable and unforeseeable risks.

Users voluntarily assume all risks associated with use of the Platform and participation in Transactions.

11.2 Platform Provided "As Is."

THE PLATFORM AND SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOOKR DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

11.3 No Warranty of User Conduct.

BookR does not warrant, guarantee, or represent that any User:

(a) is truthful; (b) is trustworthy; (c) will comply with Applicable Law; (d) will fulfill obligations arising from a Transaction; or (e) will act in a safe or responsible manner.

Users are solely responsible for evaluating the conduct and suitability of other Users.

11.4 No Warranty of Listings or Items.

BookR does not inspect, maintain, certify, endorse, repair, test, supervise, or control Items listed through the Platform.

BookR makes no warranty regarding:

(a) safety; (b) condition; (c) functionality; (d) legality; (e) suitability; or (f) performance of any Item.

11.5 No Guarantee of Platform Availability.

BookR does not guarantee that the Platform will be uninterrupted, error-free, secure, accurate, complete, or available at all times.

Temporary interruptions, outages, delays, maintenance periods, software errors, third-party failures, and security incidents may occur.

11.6 No Guarantee of Protection Program Coverage.

Participation in the Platform does not guarantee eligibility for reimbursement under the Protection Program.

All Protection Program determinations remain subject to BookR's review, eligibility requirements, claims procedures, and discretionary determinations.

11.7 Independent Investigation.

Users acknowledge that they are solely responsible for conducting their own evaluation of:

(a) Listings; (b) Items; (c) Owners; (d) Renters; (e) Transactions; and (f) associated risks.

Users shall not rely solely upon reviews, ratings, verification procedures, Platform communications, or other information made available through the Platform.

11.8 Jurisdictional Limitations.

Certain jurisdictions may not permit exclusion of certain warranties.

To the extent such laws apply, portions of the disclaimers contained in this Article may not apply; however, such provisions shall be enforced to the maximum extent permitted by Applicable Law.


ARTICLE XII — LIMITATION OF LIABILITY

12.1 Limitation of Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOOKR SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO:

(a) THE PLATFORM; (b) THE SERVICES; (c) ANY TRANSACTION; (d) ANY ITEM; (e) ANY USER; (f) THE PROTECTION PROGRAM; OR (g) THESE TERMS.

THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY ASSERTED AND EVEN IF BOOKR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Excluded Damages.

Without limitation, BookR shall not be liable for:

(a) lost profits; (b) lost income; (c) loss of goodwill; (d) loss of business opportunities; (e) loss of use; (f) loss of data; (g) property damage; (h) personal injury; (i) emotional distress; (j) business interruption; or (k) costs of substitute goods or services.

12.3 User Conduct.

BookR shall not be liable for the acts, omissions, misconduct, negligence, fraud, criminal conduct, misrepresentations, violations of law, or other actions of any User.

Users acknowledge that Transactions occur between independent parties and that BookR is not responsible for the conduct of Owners or Renters.

12.4 Maximum Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BOOKR'S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE PLATFORM, SERVICES, TRANSACTIONS, OR THESE TERMS SHALL NOT EXCEED THE GREATER OF:

(a) ONE HUNDRED DOLLARS ($100.00 USD); OR

(b) THE TOTAL FEES PAID BY THE CLAIMING USER TO BOOKR DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

12.5 Basis of the Bargain.

The parties acknowledge that the limitations contained in this Article constitute an essential basis of the bargain between the parties and that BookR would not provide the Platform without such limitations.


ARTICLE XIII — INDEMNIFICATION

13.1 User Indemnification Obligations.

Each User agrees to defend, indemnify, and hold harmless BookR and its affiliates, officers, directors, managers, employees, contractors, agents, successors, and assigns from and against any and all claims, demands, causes of action, damages, liabilities, losses, judgments, settlements, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

(a) the User's use of the Platform; (b) the User's Transactions; (c) the User's violation of these Terms; (d) the User's violation of Applicable Law; (e) the User's Content; (f) damage, theft, loss, injury, or death arising from an Item; (g) infringement of intellectual property rights; or (h) the User's negligent, reckless, intentional, or unlawful conduct.

13.2 Defense and Settlement.

BookR reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification.

Users agree to cooperate with BookR in connection with the defense of such matters.

No User may settle any claim involving BookR without BookR's prior written consent.

13.3 Survival.

The obligations contained in this Article shall survive termination of an Account, completion of Transactions, and termination of these Terms.


ARTICLE XIV — DISPUTE RESOLUTION, ARBITRATION, AND CLASS ACTION WAIVER

14.1 Informal Resolution.

Prior to initiating arbitration or litigation, the parties agree to make a good-faith effort to resolve disputes informally.

A User seeking to assert a claim against BookR shall first provide written notice describing:

(a) the nature of the dispute; (b) the factual basis of the claim; (c) the relief requested; and (d) supporting documentation.

The parties shall attempt to resolve the matter for a period of thirty (30) days following receipt of such notice.

14.2 Agreement to Arbitrate.

Except as otherwise provided herein, any dispute, claim, controversy, or cause of action arising out of or relating to:

(a) the Platform; (b) the Services; (c) a Transaction; (d) an Item; (e) the Protection Program; (f) these Terms; or (g) the relationship between the parties,

shall be resolved exclusively through final and binding arbitration.

14.3 Arbitration Procedures.

Arbitration shall be administered by a nationally recognized arbitration provider selected by BookR.

The arbitration shall:

(a) be conducted before a single arbitrator; (b) occur in Illinois unless otherwise required by law; (c) be conducted in English; and (d) proceed on an individual basis only.

The arbitrator shall have authority to award any remedy available under Applicable Law, subject to the limitations contained in these Terms.

14.4 Class Action Waiver.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USERS WAIVE ANY RIGHT TO PARTICIPATE IN:

(a) CLASS ACTIONS; (b) CLASS ARBITRATIONS; (c) REPRESENTATIVE ACTIONS; (d) PRIVATE ATTORNEY GENERAL ACTIONS; OR (e) CONSOLIDATED PROCEEDINGS.

ALL CLAIMS MUST BE BROUGHT ON AN INDIVIDUAL BASIS.

14.5 Jury Trial Waiver.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, USERS WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING OUT OF OR RELATING TO THE PLATFORM, SERVICES, TRANSACTIONS, OR THESE TERMS.

14.6 Exceptions.

Nothing contained in this Article shall prevent either party from:

(a) seeking temporary injunctive relief; (b) seeking protection of intellectual property rights; (c) pursuing claims in small claims court where permitted by Applicable Law; or (d) taking actions necessary to protect health, safety, or property.

14.7 Survival.

This Article shall survive termination of an Account, completion of Transactions, and termination of these Terms.


ARTICLE XV — TERMINATION

15.1 Termination by BookR.

BookR reserves the right, in its sole discretion and without prior notice, to suspend, restrict, deactivate, or terminate any Account, Listing, Transaction, or access to the Platform at any time and for any reason.

Without limitation, BookR may take such action where it reasonably determines that a User has:

(a) violated these Terms; (b) violated Applicable Law; (c) engaged in fraud or misconduct; (d) created risk to other Users; (e) created legal, regulatory, financial, operational, or reputational risk to BookR; or (f) otherwise acted inconsistently with the intended purpose of the Platform.

15.2 Termination by User.

Users may discontinue use of the Platform and request closure of their Account at any time, subject to completion of any outstanding Transactions and satisfaction of any obligations arising under these Terms.

Account closure shall not extinguish any obligations incurred prior to termination.

15.3 Effect of Termination.

Upon termination or suspension of an Account:

(a) access to the Platform may be restricted or revoked; (b) Listings may be removed; (c) pending Transactions may be cancelled or restricted; (d) eligibility for the Protection Program may be revoked; and (e) BookR may take actions reasonably necessary to protect Users and the Platform.

Termination shall not affect rights or obligations accrued prior to termination.

15.4 Outstanding Obligations.

Users remain responsible for all obligations arising prior to termination, including:

(a) approved claims; (b) unpaid Fees; (c) reimbursement obligations; (d) indemnification obligations; (e) payment obligations; and (f) obligations arising from completed or pending Transactions.

15.5 Survival.

The following provisions shall survive termination of these Terms and any Account:

(a) ownership provisions; (b) payment obligations; (c) claims and reimbursement provisions; (d) indemnification obligations; (e) limitation of liability provisions; (f) dispute resolution provisions; and (g) any provisions which by their nature should survive termination.


ARTICLE XVI — MISCELLANEOUS PROVISIONS

16.1 Governing Law.

These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflict-of-law principles.

16.2 Assignment.

Users may not assign, transfer, delegate, sell, or otherwise convey any rights or obligations arising under these Terms without the prior written consent of BookR.

BookR may assign, transfer, delegate, or otherwise convey its rights and obligations under these Terms without restriction, including in connection with:

(a) a merger; (b) an acquisition; (c) a reorganization; (d) a financing transaction; (e) a sale of assets; or (f) any other corporate transaction.

These Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.

16.3 Force Majeure.

BookR shall not be liable for delays, interruptions, failures, or inability to perform resulting from causes beyond its reasonable control, including:

(a) natural disasters; (b) acts of God; (c) war; (d) terrorism; (e) civil unrest; (f) labor disputes; (g) governmental actions; (h) utility failures; (i) internet disruptions; (j) cyberattacks; or (k) failures of third-party service providers.

16.4 Severability.

If any provision of these Terms is determined to be invalid, illegal, unenforceable, or void, such provision shall be modified or interpreted to the minimum extent necessary to make it enforceable.

If modification is not possible, the provision shall be severed.

The remaining provisions shall remain in full force and effect.

16.5 No Waiver.

Failure by BookR to enforce any provision of these Terms shall not constitute a waiver of any right or remedy.

Any waiver must be in writing and signed by an authorized representative of BookR.

16.6 Entire Agreement and Incorporated Policies.

These Terms, together with the policies, disclosures, schedules, and agreements expressly incorporated by reference in this Section, constitute the entire agreement between the parties relating to the subject matter hereof.

The following BookR policies are expressly incorporated into these Terms by reference and form part of them:

(a) the BookR Privacy Policy; (b) the BookR Rental Agreement; (c) the BookR Cancellation and Refund Policy; (d) the BookR Protection Program Policy; (e) the BookR Biometric Information Policy; (f) the BookR Community Standards and Prohibited Items Policy; (g) the BookR Copyright and DMCA Policy; (h) the BookR Fee and Payout Schedule; (i) the BookR Insurance Disclosure; (j) the BookR Owner Tax Disclosure; (k) the BookR Accessibility and Non-Discrimination Policy; and (l) the Official Rules of any promotion, giveaway, or sweepstakes conducted by BookR, with respect to that promotion only.

Where a policy listed above states that it governs over these Terms as to a specific subject matter, that statement controls as to that subject matter. Without limitation:

(i) the Biometric Information Policy governs as to biometric identifiers and biometric information, as provided in §4.10; (ii) the Protection Program Policy governs as to the reimbursement limit, the claim deadline, and the documentation required to support a Damage Claim; and (iii) the Fee and Payout Schedule governs as to the amount of any Fee, how it is calculated, and which party pays it.

These Terms supersede all prior or contemporaneous understandings, communications, representations, negotiations, and agreements.

16.7 Relationship of the Parties.

Nothing contained in these Terms shall create any partnership, joint venture, employment relationship, franchise relationship, fiduciary relationship, agency relationship, or similar relationship between BookR and any User.

Users participate in Transactions solely in their individual capacities.

16.8 Third-Party Beneficiaries.

Except as expressly provided herein, these Terms are intended solely for the benefit of the parties and do not create rights in favor of any third party.

16.9 Notices.

BookR may provide notices through:

(a) email; (b) Platform notifications; (c) text message; (d) publication on the Platform; or (e) any other reasonable means of communication.

Users are responsible for maintaining accurate contact information.

Notices shall be deemed delivered when transmitted by BookR.

16.10 Amendments.

BookR reserves the right to modify, amend, revise, supplement, or replace these Terms at any time.

Material changes may be communicated through the Platform or by other reasonable means.

Continued use of the Platform following the effective date of revised Terms shall constitute acceptance of such revisions.

16.11 Headings.

Article titles, headings, captions, and organizational references are provided solely for convenience and shall not affect interpretation of these Terms.

16.12 Contact Information.

Questions regarding these Terms may be directed to:

BookrApp, LLC 1120 Moraine Drive, Woodstock, IL 60098 [Support Email Address] [Support Telephone Number]

BookR may update its contact information from time to time without requiring amendment of these Terms.