PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THE BORO PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY. IF YOU DO NOT AGREE, DO NOT ACCESS OR USE THE PLATFORM.
These Terms of Service (this "Agreement" or "Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Aston Ventures Inc., a Delaware corporation doing business as BoRo USA ("BoRo," "Company," "we," "us," or "our"), governing your access to and use of the BoRo mobile application, website, APIs, and all related services, features, content, and functionality (collectively, the "Platform"). This Agreement governs all interactions on the Platform, including without limitation all rental transactions conducted between Lenders and Borrowers.
1Definitions
For purposes of this Agreement, the following capitalized terms shall have the meanings set forth below:
"Agreement" or "Terms" means these Terms of Service, together with all policies, guidelines, and supplemental terms incorporated herein by reference.
"Platform" means the BoRo USA mobile applications, websites, software systems, APIs, and all related services, features, functionality, and content through which Users may list, discover, request, or engage in Rental Transactions.
"Platform Records" means all data generated, stored, or processed by BoRo, including but not limited to timestamps, system logs, communications, geolocation data, images, device data, behavioral analytics, and transactional records.
"System Logic" means the structured, automated, and semi-automated system workflows, protocols, and decision-making processes governing Platform operations, including transaction states, payment triggers, time-based rules, and Trust & Safety enforcement mechanisms.
"User" means any individual or entity that accesses or uses the Platform, including both Lenders and Borrowers.
"Lender" means a User who lists one or more Items on the Platform for rental by other Users.
"Borrower" means a User who rents one or more Items from a Lender through the Platform.
"Item" or "Items" means any tangible personal property listed for rent on the Platform by a Lender, subject to the Prohibited Items restrictions set forth in Section 8.
"Listing" means any representation of an Item made available through the Platform, including descriptions, photographs, pricing, and availability.
"Rental Transaction" or "Transaction" means any completed rental arrangement facilitated through the Platform between a Lender and a Borrower, including the listing, booking, payment, use, and return of an Item.
"Platform Fee" means the service fee charged by BoRo as follows: (a) seven percent (7%) of the Rental Fee charged to Borrowers; and (b) three percent (3%) of the Rental Fee deducted from Lender disbursements; resulting in a blended platform revenue of ten percent (10%) of each Transaction.
"Rental Fee" means the fee established by a Lender for the use of an Item for a specified rental period, as displayed at the time of booking.
"Item Value" means the fair market replacement value of an Item as declared by the Lender at the time of listing, subject to BoRo's maximum eligible item value cap as set forth in Section 10.
"BoRo Shield" means BoRo's contractual, deposit-based trust and protection mechanism governed by the BoRo Shield Policy incorporated herein by reference. BoRo Shield is not insurance and is subject to the per-transaction and item value caps described in Section 10.
"High-Risk Item" means any Item falling within Category H of Section 8.1, including without limitation power tools, electrical appliances, heating or cooking equipment, ladders and climbing equipment, pressurized equipment, and any other Item designated by BoRo as posing an elevated risk of bodily injury or third-party property damage.
"Third-Party" means any person or entity other than a registered BoRo User who is not a party to a Rental Transaction, including without limitation bystanders, neighbors, household members, and other individuals who may be affected by the use of a rented Item.
"Legitimate and Verifiable Evidence" means original, unaltered photographs, videos, or other media captured by the submitting User's own device at the time and location represented, free from any artificial intelligence generation, modification, enhancement, or manipulation.
"Hub Partner" means a business, organization, or individual that has entered into a separate Hub Partner Agreement with BoRo to facilitate Item staging, exchange, or storage at a designated Hub location.
"BoRo Eko" means BoRo's referral program through which eligible participants earn a commission equal to six percent (6%) of BoRo's earned Platform Fee attributable to transactions by referred Users for a period of twelve (12) months following each referred User's first completed Transaction.
"BoRo Recovery Service" means the paid Item retrieval service available under Option 2 of the Late Return Policy, charged at a base fee of twenty-five dollars ($25.00) plus seventy-five cents ($0.75) per mile from the designated return location.
"Cancellation" means the rescission of a confirmed Rental Transaction booking by either the Lender or Borrower prior to the scheduled pickup time.
"Payment Providers" means third-party payment processors, including Stripe, Inc., together with associated financial institutions and service providers.
"Stripe" means Stripe, Inc., BoRo's primary third-party payment processing partner operating under Stripe Connect Marketplace architecture.
"Enforcement Action" means any action taken by BoRo in response to User Conduct, including but not limited to suspension, termination, payment adjustments, restrictions, account limitations, or legal proceedings.
"User Conduct" means any action, omission, communication, or behavior of a User in connection with the Platform, whether occurring on or off the Platform.
"Trust & Safety Framework" means BoRo's comprehensive internal framework for detecting, preventing, and responding to fraud, abuse, unsafe conduct, and violations of these Terms, as described in Section 15.
"Intellectual Property" means all patents, trademarks, trade secrets, copyrights, proprietary technology, software, and all other intellectual property rights owned or licensed by BoRo.
"User Content" means any content, data, text, photos, listings, reviews, ratings, or other materials submitted, posted, or transmitted by a User through the Platform.
"Dispute" means any claim, controversy, or disagreement arising out of or related to this Agreement, the Platform, or any Rental Transaction.
"Effective Date" means the date on which you first accept these Terms by creating an account, clicking 'I Agree,' or otherwise accessing or using the Platform.
2Acceptance; Binding Agreement; Legal Effect
2.1 Binding Agreement
By accessing, browsing, registering for, or otherwise using the Platform in any manner, whether as a guest or a registered User, you hereby acknowledge, represent, and warrant that you have read, understood, and agree to be legally bound by these Terms, together with all policies, guidelines, and supplemental terms incorporated herein by reference, each of which forms an integral part of this legally binding agreement between you and BoRo.
2.2 Capacity and Authority
You represent and warrant that you: (a) have the full legal capacity, right, and authority to enter into these Terms and to perform your obligations hereunder; (b) are not subject to any legal, contractual, or other restriction that would impair, limit, or conflict with your ability to comply with these Terms; and (c) if accepting on behalf of a company, organization, or other legal entity, have authority to bind such entity, and "you" refers collectively to you and such entity.
2.3 Electronic Assent
Your access to or use of the Platform constitutes your electronic acceptance of these Terms, and such acceptance shall have the same force and effect as a handwritten signature for all purposes, including enforceability under applicable law, the Electronic Signatures in Global and National Commerce Act (E-SIGN), and the Uniform Electronic Transactions Act (UETA) as adopted in North Carolina.
2.4 Continuing Acceptance
Your continued access to or use of the Platform following any update, modification, or amendment to these Terms shall constitute your reaffirmation of, and continuing agreement to be bound by, such Terms as modified.
2.5 Condition Precedent to Use
Access to and use of the Platform is expressly conditioned upon your acceptance of these Terms in their entirety. If you do not agree to these Terms, in whole or in part, you must immediately discontinue all access to and use of the Platform.
3User Eligibility; Accounts; Verification
3.1 Eligibility — General
Access to and use of the Platform is limited to individuals who satisfy the following eligibility requirements. By using the Platform, each User represents and warrants that: (1) such User is at least eighteen (18) years of age; or (2) if between the ages of thirteen (13) and seventeen (17), such User is accessing and using the Platform under the supervision and with the verifiable written consent of a parent or legal guardian, in accordance with Section 3.2 hereof; and (3) such User possesses the full legal capacity, authority, and competence to enter into these Terms and to comply with all obligations hereunder.
USERS UNDER THE AGE OF THIRTEEN (13) ARE STRICTLY PROHIBITED FROM ACCESSING OR USING THE PLATFORM. BORO DOES NOT KNOWINGLY COLLECT PERSONAL INFORMATION FROM CHILDREN UNDER THIRTEEN (13). IF BORO BECOMES AWARE THAT A USER UNDER THIRTEEN (13) HAS CREATED AN ACCOUNT, BORO WILL IMMEDIATELY TERMINATE SUCH ACCOUNT AND DELETE ASSOCIATED DATA WITHOUT NOTICE.
3.2 Minor Access — Ages 13–17 (Parental Authorization; COPPA Compliance)
Individuals between the ages of thirteen (13) and seventeen (17) years ("Minors") may access the Platform solely with the express written consent and active supervision of a parent or legal guardian at least eighteen (18) years of age ("Authorized Guardian"). The following conditions apply: (a) the Authorized Guardian must create the account, accept these Terms, and remain the account holder of record; (b) all Rental Transactions must be authorized and overseen by the Authorized Guardian; (c) the Authorized Guardian assumes full legal and financial responsibility for all activity conducted through the account; (d) Minors may not act as Lenders without Authorized Guardian co-authorization; and (e) by permitting a Minor to access the Platform, the Authorized Guardian represents compliance with applicable law, including the Children's Online Privacy Protection Act ("COPPA").
3.3 Account Registration and Responsibility
Each User is solely and exclusively responsible for: (a) all activities conducted through or under such User's account, whether authorized or unauthorized; (b) maintaining the confidentiality and security of login credentials; and (c) promptly notifying BoRo at support@borousa.com of any suspected unauthorized access. To the maximum extent permitted by applicable law, any activity conducted through a User's account shall be deemed authorized by such User.
3.4 Identity Verification; Re-Verification
BoRo may, at any time and in its sole discretion exercised reasonably and in good faith, require a User to complete identity verification, re-verification, or provide additional information, including without limitation: (a) government-issued identification; (b) biometric or liveness verification (including through Veriff or similar third-party services); (c) payment method validation; and (d) any other information deemed necessary to ensure Platform integrity or risk mitigation. Failure or refusal to comply may result in Enforcement Action.
3.5 Account Enforcement; Suspension; Termination
BoRo reserves the right, at any time and in its sole discretion exercised reasonably and in good faith, to take any Enforcement Action with respect to any User account, including suspension, termination, restriction, or denial of access, with or without prior notice and without any obligation to provide a detailed explanation, except to the extent required by applicable law.
4Platform Authority; System Logic; Evidentiary Supremacy
4.1 System-Based Operation and Binding Effect
The Platform operates through System Logic, including without limitation: (a) transaction states and status transitions; (b) authorization events, payment triggers, and financial controls; (c) time-based rules, deadlines, expirations, and automated actions; and (d) Trust & Safety enforcement mechanisms. Users acknowledge that all interactions with the Platform are governed by such System Logic, and that the operation, output, and results of such System Logic shall be binding upon Users for all purposes, including transaction processing, Enforcement Actions, and Dispute resolution.
4.2 Conclusive Nature of Platform Records
All Platform Records shall constitute authoritative and controlling evidence of User Conduct and Platform activity. To the maximum extent permitted by applicable law: (a) Platform Records shall constitute prima facie evidence of the matters reflected therein; (b) in the absence of manifest error, Platform Records shall be deemed conclusive, final, and binding; and (c) Platform Records shall govern and control for purposes of enforcement, payment determinations, and Dispute resolution. Users expressly waive any objection to the admissibility, reliability, or evidentiary weight of Platform Records, except to the extent such waiver is prohibited by applicable law.
4.3 Supremacy of Platform Logic Over Side Agreements
In the event of any conflict, inconsistency, or discrepancy between: (a) communications between Users, whether on or off the Platform; (b) any external agreement, side arrangement, or understanding between Users; (c) any subjective expectation, interpretation, or recollection of any User; and (d) Platform Records or the output of System Logic — the Platform Records and System Logic shall control, govern, and prevail to the fullest extent permitted by applicable law. No User communication, agreement, or conduct shall modify, override, or supersede the operation or outcome of the Platform's System Logic unless expressly authorized by BoRo in writing.
4.4 Standard of Discretion
Any right of BoRo to act, determine, interpret, enforce, or otherwise exercise discretion under these Terms shall be exercised in its sole discretion in a commercially reasonable manner and in good faith, consistent with the purposes of the Platform and these Terms. The existence of such standard shall not be construed to impose any fiduciary duty, heightened duty of care, or obligation beyond those expressly set forth herein.
5Nature of the Platform; Marketplace Status; Allocation of Responsibility
5.1 Marketplace-Only Technology Platform
BoRo operates and provides a technology-based platform that enables Users to list, discover, request, and engage in Rental Transactions with one another. The Platform functions solely as an intermediary technological interface facilitating interactions between independent Users and does not itself participate in, control, or direct any Rental Transaction. For the avoidance of doubt, BoRo does not, and shall not be deemed to: (a) own, possess, warehouse, store, deliver, or otherwise exercise custody or control over any Item at any time; (b) act as a seller, lessor, reseller, distributor, broker, or supplier of any Item; (c) inspect, verify, certify, endorse, or guarantee the condition, safety, legality, authenticity, or suitability of any Item; or (d) assume any responsibility or liability for the acts, omissions, or conduct of any User in connection with any Listing or Rental Transaction.
5.2 Section 230 / CDA Immunity
BoRo is an interactive computer service provider within the meaning of Section 230 of the Communications Decency Act, 47 U.S.C. § 230 ("Section 230"). As such, BoRo is not the publisher or speaker of any User Content, Listing, or other information provided by Users through the Platform. To the maximum extent permitted by applicable law, BoRo is immune from civil liability arising from User Content or Listings under Section 230(c). BoRo's exercise of its editorial discretion to remove, restrict, or decline to remove any User Content does not subject BoRo to liability as a publisher or speaker of that content or any other content. Nothing in these Terms limits BoRo's rights under Section 230 or any other applicable law providing immunity to interactive computer service providers.
5.3 No Agency; No Partnership; Independent Users
Nothing contained in these Terms, nor any conduct of the parties, shall be deemed or construed to create any agency, partnership, joint venture, employment, fiduciary, or other similar relationship between BoRo and any User, or between any Users. Each User acts solely and exclusively on such User's own behalf and not as an agent, representative, or partner of BoRo for any purpose whatsoever.
5.4 No Participation in Rental Transactions
BoRo is not a party to any Rental Transaction and does not enter into, assume, or undertake any contractual obligations between Users. All Rental Transactions are entered into directly and exclusively between the applicable Users. Without limiting the foregoing, BoRo shall have no responsibility or liability whatsoever with respect to: (a) the performance, non-performance, breach, or enforcement of any Rental Transaction; (b) any Dispute arising between Users, whether occurring on or off the Platform; or (c) the condition, quality, safety, legality, use, misuse, or fitness of any Item.
5.5 Independent Risk Allocation; Assumption of Risk
Users acknowledge, agree, and expressly assume that all risks, whether known or unknown, foreseeable or unforeseeable, arising out of or relating to any Listing, Rental Transaction, or interaction between Users, are borne solely and exclusively by the Users involved in such activity. To the maximum extent permitted by applicable law, BoRo does not assume, undertake, or accept any risk, liability, or obligation in connection with any Rental Transaction, except as expressly set forth in these Terms.
5.6 Payment Processing
All payments on the Platform are processed through Stripe via Stripe Connect Marketplace architecture. BoRo collects the Platform Fee and disburses the net Rental Fee to Lenders in accordance with applicable disbursement timelines. By using the Platform, you agree to Stripe's Terms of Service and Privacy Policy in addition to this Agreement. BoRo is not responsible for errors, delays, or failures attributable to Stripe's payment processing systems.
6Lender Obligations and Representations
6.1 Listing Accuracy
Each Lender represents, warrants, and covenants that all Listings are accurate, complete, and not misleading in any respect, including without limitation the Item's description, condition, photographs, pricing, availability, and any applicable restrictions. Lenders may not list Items that are stolen, subject to any lien or encumbrance that prohibits rental, or for which the Lender lacks lawful authority to rent.
6.2 Item Condition, Safety, and Third-Party Harm Warranty
Each Lender represents, warrants, and covenants that:
(a) Item Safety; Third-Party Harm Warranty. Each listed Item is in safe, functional, and well-maintained condition at the time of each Rental Transaction; each Item complies with all applicable federal, state, and local safety standards and regulations; Lender has disclosed all material defects, limitations, or safety concerns in the Listing prior to booking; Lender shall promptly delist any Item that becomes unsafe, defective, or non-compliant; and — critically — each listed Item is, to the best of Lender's knowledge after reasonable inspection, free from any known or latent defect, malfunction, or dangerous condition that could foreseeably cause bodily injury, death, fire, or property damage to any person, including Third Parties who are not participants in the Rental Transaction. Lender acknowledges and agrees that BoRo does not inspect, test, or verify the physical condition or safety compliance of any Item, that BoRo has no duty to do so, and that sole and exclusive responsibility for the safety of each listed Item as against all persons — including Users and Third Parties — rests with the Lender. Lender assumes all liability arising from any bodily injury, death, fire, or property damage to any person caused by the condition, defect, malfunction, or dangerous property of any Item listed by Lender, whether or not such harm arises during or after the Rental Transaction period.
(b) Lender At-Listing Safety Certification. At the time of creating any Listing, each Lender must affirmatively complete and submit BoRo's Lender Safety Certification through the Platform's System Logic before the Listing may be published. The Platform will present the following certification screen, which requires affirmative acceptance before the Listing proceeds:
(c) Lender At-Booking Safety Re-Certification. At the time of each confirmed booking, each Lender must affirmatively re-confirm the safety certification through the Platform's System Logic before the Rental Transaction may proceed. The Platform will present the following prompt, which requires affirmative acceptance before the booking is confirmed:
6.3 Ownership and Authority
By listing an Item, each Lender represents and warrants that: (a) Lender is the lawful owner of the Item or has express authorization from the lawful owner to list the Item for rent; (b) the rental does not violate any lease, license, contract, or applicable law; and (c) Lender has the full right, power, and authority to enter into Rental Transactions with Borrowers.
6.4 Photography and Media; IP Grant
By uploading photographs, videos, or other media in connection with a Listing, each Lender: (a) represents and warrants that Lender owns or has all necessary rights to such media; (b) grants BoRo a worldwide, non-exclusive, royalty-free, sublicensable license to use, display, reproduce, and distribute such media in connection with the operation and promotion of the Platform; and (c) represents that such media does not infringe any third-party intellectual property or privacy rights.
6.5 Item Valuation Declaration
At the time of creating a Listing, Lenders must declare the fair market replacement value of each Item ("Item Value"). Item Value declarations are used to determine BoRo Shield eligibility and maximum coverage amounts as described in Section 10. Lenders represent that Item Value declarations are accurate and made in good faith. BoRo reserves the right to require supporting documentation (such as original purchase receipts or independent appraisals) to verify Item Value declarations for high-value Items. Inflated or fraudulent Item Value declarations may result in Enforcement Action and forfeiture of BoRo Shield coverage.
6.6 Insurance Representations
By listing an Item on the Platform, each Lender represents, warrants, and covenants that: (a) Lender has assessed the insurance coverage, if any, applicable to the Item during Rental Transactions through Lender's homeowner's, renter's, personal property, or commercial insurance policy; (b) Lender acknowledges that most personal insurance policies exclude coverage for Items rented through peer-to-peer platforms and that BoRo Shield is not insurance and does not substitute for insurance coverage; (c) Lender assumes sole and exclusive financial responsibility for any damage, loss, or liability arising in connection with any Item for which Lender does not maintain adequate insurance coverage; and (d) Lender shall promptly notify BoRo if any insurance coverage previously applicable to a listed Item lapses, is cancelled, or is materially changed in a way that affects coverage during Rental Transactions. BoRo does not provide property or liability insurance to Lenders. Lenders are solely responsible for consulting their insurer regarding coverage for peer-to-peer rental activity and for obtaining any additional coverage deemed appropriate.
6.7 Tax Compliance
Lenders are solely responsible for determining and fulfilling all applicable tax obligations arising from Rental Transactions, including without limitation federal, state, and local income taxes, sales taxes, and rental taxes. BoRo may issue Form 1099-K or other required tax reporting forms to Lenders in accordance with applicable law.
6.13 Lender Insurance Notice
MOST HOMEOWNERS AND RENTERS INSURANCE POLICIES EXCLUDE "BUSINESS PURSUITS." RENTING PERSONAL PROPERTY FOR COMPENSATION IS LIKELY TO CONSTITUTE A BUSINESS PURSUIT UNDER SUCH A POLICY. A LENDER MAY THEREFORE HAVE NO PERSONAL INSURANCE COVERAGE IN RESPECT OF A CLAIM ARISING FROM AN ITEM THE LENDER HAS LISTED.
BoRo makes no representation that any Lender's insurance responds to any claim. Every Lender is strongly advised to confirm the position with the Lender's own carrier before listing. BoRo Shield is not insurance and does not provide liability coverage to any Lender.
By listing an Item, each Lender represents that the Lender has independently ascertained whether the Lender's own insurance covers the rental of personal property for compensation, and accepts the consequences of proceeding without such coverage.
7Borrower Obligations and Representations
7.1 Intended Use
Borrowers agree to use each rented Item solely for its intended and lawful purpose, in accordance with any Lender instructions or restrictions, and in compliance with all applicable laws. Borrowers shall not permit any third party to use a rented Item without the express written consent of the Lender.
7.2 Condition of Item at Return; Assumption of Liability
Each Borrower agrees, represents, and warrants that: (a) Borrower shall return each Item in accordance with the applicable Rental Transaction terms, including timing, condition, and agreed-upon procedures; and (b) Borrower assumes full responsibility and liability for any damage, loss, destruction, theft, or misuse of any Item occurring during the period of Borrower's possession or control, regardless of fault, except to the extent caused solely by a pre-existing defect disclosed in the Lender's Listing and documented at the time of pickup.
7.3 Geolocation and Device Verification
Borrowers consent to BoRo's dual-party geolocation verification protocol at the time of Item pickup and return, as required by the Platform's System Logic. Failure to complete verification may prevent confirmation of a Rental Transaction and may affect Dispute resolution eligibility.
7.4 Late Return Policy
Each Item must be returned within the scheduled return timeframe established through the Platform's System Logic. An Item shall be deemed "late" immediately upon expiration of the applicable return window. In the event of a late return, the following Late Return Policy shall apply:
Option 1 — Self-Coordination (No Additional Charge): The Borrower and Lender may mutually agree to a new return time within a nine (9) hour window following the original scheduled return time. Both parties must confirm any extension through the Platform. No additional charge applies to Option 1 coordination.
Option 2 — BoRo Recovery Dispatch: If the Borrower does not return the Item by the end of the nine (9) hour self-coordination window, or if the Lender elects to invoke BoRo Recovery, BoRo will dispatch its recovery service to retrieve the Item. The Borrower shall be charged: (a) a base fee of twenty-five dollars ($25.00); plus (b) seventy-five cents ($0.75) per mile calculated from the Item's designated return location to the Borrower's confirmed location. The Borrower acknowledges and agrees that these fees will be charged to the payment method on file without additional notice.
Failure to resolve a late return within a reasonable period, as determined by BoRo in its sole discretion, may result in: (a) classification of the Item as a total loss; (b) full capture of the BoRo Shield; and (c) additional Enforcement Actions including account restrictions or termination. Repeated late returns may result in account suspension or permanent termination.
7.5 Prohibited Use
Borrowers may not use any rented Item: (a) for any illegal purpose; (b) in any manner that causes damage, risk of harm, or nuisance to any person or property; (c) for commercial resale, sub-rental, or further commercial exploitation without express Lender consent; or (d) in a manner inconsistent with the Item category restrictions set forth in Section 8.
7.6 Borrower At-Booking Dangerous Item Acknowledgment
At the time of each booking, each Borrower must affirmatively complete and submit BoRo's Borrower Rental Acknowledgment through the Platform's System Logic before the Rental Transaction may be confirmed. The Platform will present the following acknowledgment screen, which requires affirmative acceptance before the booking proceeds:
8Prohibited Items and Prohibited Conduct
8.1 General
A Lender may list only Items the Lender is lawfully entitled to rent and which are not restricted under this Section 8. Restrictions are organized in four tiers: Categories A through G (permanent), Category H (pilot-period), Category I (permanent, life-safety), and Tier 2 (conditionally permitted). These restrictions apply identically to rental Listings and to any optional for-sale Listing.
BoRo screens Listings at submission and upon every subsequent edit. A Listing matching a restricted category or a restricted term is blocked from publication and routed for review. BoRo's screening is a compliance control operated for BoRo's benefit and does not constitute an inspection, certification, or endorsement of any Item.
8.2 Consequences of a Restricted Listing
Where a Lender lists an Item restricted under this Section 8, the following consequences apply to the LENDER: immediate removal of the Listing; forfeiture of the Lender's right to claim against the BoRo Shield, any saved payment method, or any Commitment Hold in respect of any affected Transaction; liability for any dispatch, recovery, storage, or custody cost BoRo incurs; and suspension or termination of the Lender's account upon repetition.
8.2.1 Consequence Falls Upon the Breaching Party
For the avoidance of doubt, the BoRo Shield is an authorization hold upon the BORROWER'S payment instrument. Nothing in this Section 8.2 permits the capture of a Borrower's funds by reason of a Lender's breach. Where a Lender lists a restricted Item, what the Lender forfeits is coverage — the right to claim — and not the Borrower's money.
8.3 Categories A through G — Permanent Restrictions
The following are permanently restricted and are not subject to lifting under any subsequent version of these Terms.
| Category | Scope |
|---|---|
| A. Weapons and Explosives | Firearms of every description; firearm accessories including suppressors, high-capacity magazines and conversion kits; ammunition, explosive devices and ordnance; bladed weapons intended for use against persons; conducted-energy devices; replica firearms mistakable for genuine firearms; and any device designed or adapted to cause bodily harm. |
| B. Controlled Substances | Prescription pharmaceuticals and controlled substances; cannabis and cannabis-derived products irrespective of State law; drug paraphernalia; and any substance regulated under the federal Controlled Substances Act. |
| C. Hazardous Materials | Flammable, combustible or explosive chemicals; toxic, corrosive or radioactive materials; biohazardous waste and biological agents; uncertified pressurized gas cylinders; and any material regulated as hazardous by the Department of Transportation or the Environmental Protection Agency. |
| D. Licensed Vehicles | Titled or registered motor vehicles; commercial vehicles; and aircraft and watercraft requiring operator licensure or vessel registration. |
| E. Intimate Items | Adult novelties and Items of an intimate or sexual nature. |
| F. Encumbered Property | Stolen or fraudulently obtained property; property subject to a lien or security interest; and any Item the Lender lacks legal authority to rent. |
| G. Infringing Goods | Counterfeit goods; Items infringing intellectual property rights; and pirated software, media or unlicensed digital content. |
8.4 Category H — Pilot-Period Restrictions
Category H restricts Items whose risk is not manageable within BoRo's present operational and insurance infrastructure. BoRo reserves the right to lift any Category H restriction in a subsequent version of these Terms. Three principles govern the schedule and are stated here because they explain the distinctions drawn within it.
- Machines that project objects, or that are towed, are restricted. Projection of material at velocity reaches bystanders as a normal condition of operation rather than as an incident, and towing introduces hitch and highway exposure BoRo cannot evidence.
- Stored pressurized fuel, indoor combustion and delayed ignition are restricted. A contained fire under the user's observation is a different risk from a fuel system, a source of carbon monoxide within a sleeping household, or a spark that smoulders in concealed material after the user has departed.
- Items requiring assembly by the Borrower are restricted. A ladder is a finished product; scaffolding is a kit. Where the Lender supplies components and the Borrower constructs the article, neither the Lender nor BoRo can inspect what is built, and the condition record cannot verify that a complete set was supplied or returned.
8.4.1 H-1 Power and Cutting Tools
| Item | Status |
|---|---|
| Chainsaws — gas, electric or battery | PROHIBITED |
| Table saws | PROHIBITED |
| Wood chippers and brush chippers | PROHIBITED |
| Miter saws | TIER 2 |
| Circular saws | TIER 2 |
| Nail guns and pneumatic fastening tools | TIER 2 |
| Reciprocating saws | PERMITTED |
| Angle grinders and disc cutters | PERMITTED |
| Jackhammers and demolition hammers | PERMITTED |
8.4.2 H-2 Outdoor Power Equipment
| Item | Status |
|---|---|
| Riding mowers | PROHIBITED |
| Pole saws — gas or electric | PROHIBITED |
| Stump grinders | PROHIBITED |
| Push mowers | PERMITTED |
| Leaf blowers and backpack blowers | PERMITTED |
| Hedge trimmers | PERMITTED |
| Tillers and cultivators | PERMITTED |
8.4.3 H-3 Heating, Flame and Combustion
| Item | Status |
|---|---|
| Outdoor burners, turkey fryers and crawfish boilers | PROHIBITED |
| Portable propane and kerosene heaters | PROHIBITED |
| Welding equipment, blowtorches and plasma cutters | PROHIBITED |
| Commercial deep fryers | PROHIBITED |
| Propane and portable gas grills | TIER 2 |
| Charcoal grills | PERMITTED |
| Fire pits, chimineas and outdoor fireplaces | PERMITTED |
| Residential countertop deep fryers | PERMITTED |
For the avoidance of doubt, welding equipment is restricted under this subcategory alone.
8.4.4 H-4 Pressurized and High-Force Equipment
| Item | Status |
|---|---|
| Pressure washers — all types, electric and gas-powered, at any pressure rating | PERMITTED |
| Air compressors — all portable units | PERMITTED |
| Pneumatic tools — impact wrenches, ratchets, die grinders, blow guns | PERMITTED |
| Airless paint sprayers and spray equipment | PERMITTED |
Pressure washers and airless sprayers operate at pressures capable of causing a high-pressure injection injury, in which fluid penetrates the skin through a wound which may appear trivial. Such an injury is a surgical emergency and requires immediate medical attention notwithstanding its appearance.
BoRo treats these Items uniformly rather than by pressure rating.
Nail guns and pneumatic fastening tools are expressly excluded from the permission granted to pneumatic tools and are governed by subcategory H-1.
8.4.5 H-5 Motorized Recreational Vehicles
| Item | Status |
|---|---|
| All-terrain vehicles, utility vehicles and off-road motorcycles | PROHIBITED |
| Go-karts and motorized recreational carts | PROHIBITED |
| Gas-powered scooters and mopeds | PROHIBITED |
| Electric scooters capable of 20 mph or more | PROHIBITED |
| Class 3 electric bicycles (assisted to 28 mph) | PROHIBITED |
| Motorized boats and personal watercraft | PROHIBITED |
| Electric scooters capable of less than 20 mph | PERMITTED |
| Class 1 and Class 2 electric bicycles (assisted to 20 mph) | PERMITTED |
| Hoverboards and self-balancing boards | PERMITTED |
All-terrain vehicles, gas-powered scooters and mopeds, electric scooters capable of 20 mph or more, and motorized watercraft are additionally restricted under Category D. A subsequent amendment to this subcategory does not lift a Category D restriction.
Hoverboards and electric bicycles carry lithium batteries with a documented fire history, and BoRo records that it has permitted them while restricting portable propane and kerosene heaters under subcategory H-3.
The distinction is the nature of the hazard rather than its severity. A combustion heater consumes oxygen and emits carbon monoxide, which is colourless, odourless, produces no alarm and incapacitates a sleeping household before any occupant becomes aware of it. A lithium battery fire produces smoke and flame, which activate a domestic smoke alarm and are apparent to any conscious occupant. BoRo restricts hazards which give no warning and permits, with notice, hazards which do.
Users are advised to charge battery-powered Items with the charger supplied by the manufacturer, and not to charge them unattended overnight or across an exit route.
8.4.6 H-6 Working at Height and Assembly Structures
| Item | Status |
|---|---|
| Scaffolding systems of any height | PROHIBITED |
| Roof jacks and roof brackets | PROHIBITED |
| Aerial work platforms and boom lifts | PROHIBITED |
| Trampolines | PROHIBITED |
| Ladders — step and extension, any height | PERMITTED |
| Bounce houses and inflatable play structures | PERMITTED |
BoRo records that it has restricted trampolines while permitting inflatable play structures, both being articles assembled by the user.
The distinction is duration and supervision. A trampoline is erected as a semi-permanent structure and is thereafter used over weeks or months, commonly by children without an adult present, and its assembly is rarely revisited after the day it is built. An inflatable structure is erected for a single supervised event of some hours, is under continuous adult observation while in use, and is dismantled the same day.
A Borrower taking an inflatable structure is advised that adequate anchoring is essential, that such structures must not be used in high wind, and that they must not be left inflated and unattended.
8.4.7 H-7 Electrical Appliances
| Item | Status |
|---|---|
| Extension cords of every description | PROHIBITED |
| Portable generators — gasoline or propane | PROHIBITED |
| Electric space heaters and portable baseboard heaters | TIER 2 |
The category is restricted uniformly.
8.4.8 H-8 Children's Furniture and Protective Padding
| Item | Status |
|---|---|
| Drop-side cribs | PROHIBITED |
| Cribs, bassinets, play yards and bed rails (other than drop-side cribs) | PERMITTED |
| High chairs | PERMITTED |
| Impact and protective sports padding | PERMITTED |
Drop-side cribs were the subject of a federal rule prohibiting their manufacture, sale, resale and distribution in the United States. The restriction of drop-side cribs under this subcategory is therefore a matter of legal compliance rather than of BoRo's risk assessment, and is not subject to lifting.
8.4.9 H-9 Unmanned Aircraft
| Item | Status |
|---|---|
| Unmanned aircraft (drones) with a takeoff weight of 250 grams or more | TIER 2 |
| Unmanned aircraft with a takeoff weight below 250 grams | PERMITTED |
The 250-gram threshold corresponds to the Federal Aviation Administration registration threshold. A Borrower operating a registered aircraft belonging to a Lender operates an aircraft registered to another person, and the Lender remains the registrant of record.
8.5 Category I — Life-Safety Equipment
Category I is permanent. The Items within it share a single characteristic: the sole function of the product is the prevention of death or serious injury, and the event that destroys that function leaves no trace detectable by inspection or photograph.
| Item | Status |
|---|---|
| Child restraint systems — car seats, booster seats and infant carriers | PROHIBITED |
| Helmets of every description — bicycle, motorcycle, sport and climbing | PROHIBITED |
| Life jackets and personal flotation devices, inherently buoyant and inflatable | PROHIBITED |
| Fall-protection harnesses, ropes, lanyards and climbing hardware | PROHIBITED |
| Medical devices — including CPAP machines, nebulizers, mobility scooters and blood pressure monitors | PROHIBITED |
A child restraint system that has absorbed collision energy is microfractured and is visually indistinguishable from a new one. A helmet liner crushes once and does not recover, and the shell appears unmarked afterward. An inflatable flotation device depends upon a cartridge that may be spent or corroded and a bobbin that may be expired. Climbing equipment is retired on the basis of a fall history that no peer Lender documents. In each case the condition record required by these Terms records an Item that appears sound.
The distinction drawn is verifiability. A commercial fleet operator acquires such equipment new, retains it in its own possession, maintains records and retires it on schedule. A peer Lender may in good faith be unaware of an event that destroyed the Item's protective function. No photograph, checklist or attestation reaches that gap, and an attestation that cannot be verified is worse than a restriction because it manufactures assurance that does not exist.
Medical devices are additionally restricted because prescription devices may not lawfully be distributed without a prescription, and because devices delivering air into the airway cannot be sanitized to any verifiable standard between users.
8.6 Tier 2 — Conditionally Permitted Items
An Item designated Tier 2 is restricted at launch. BoRo has determined in advance the conditions upon which the restriction will be lifted, and will lift it by amendment to these Terms upon satisfaction of all three conditions in respect of that Item.
| Condition | Requirement |
|---|---|
| Insurance | Written confirmation from BoRo's general liability carrier that the Item category falls within coverage and is not excluded. |
| Lender certification | An Item-specific attestation which the Lender is able truthfully to make and upon which BoRo is able meaningfully to act. By way of example: certification that a fastening tool is set to sequential-trip operation; certification as to the condition of a propane hose and regulator. |
| Borrower acknowledgment | An acknowledgment specific to the Item category, obtained at booking and distinct from general acceptance of these Terms. |
The Tier 2 schedule as at the Effective Date of this Version comprises: miter saws; circular saws; nail guns and pneumatic fastening tools; propane and portable gas grills; electric space heaters and portable baseboard heaters; and unmanned aircraft of 250 grams or more.
Where BoRo's carrier excludes an Item category, that category will not be permitted irrespective of BoRo's own assessment of the risk. Permitting an Item which the policy excludes is a materially different and worse position than accepting a risk which has been identified and priced.
8.7 Prohibited Conduct
In addition to the Item restrictions above, the following conduct is prohibited on or in connection with the Platform: circumventing the Platform to avoid Platform Fees; misrepresenting the identity, condition, value, ownership, or category of an Item; submitting evidence that is not Legitimate and Verifiable Evidence; using the Platform to harass, threaten, defraud, stalk, or endanger any person; using a rented Item for any unlawful purpose; sub-renting, pledging, or transferring possession of a rented Item to any third party without the Lender's written consent; creating multiple accounts to evade Enforcement Action; and interfering with the operation, security, or integrity of the Platform.
BoRo may take any Enforcement Action in response to prohibited conduct, including immediate suspension or termination, reversal or withholding of payments, and referral to law enforcement.
9Fees, Payments, and Payment Processing Framework
9.1 Platform Fee Structure
BoRo charges the following Platform Fees for each completed Rental Transaction: (a) Borrower Fee: Seven percent (7%) of the Rental Fee, charged to the Borrower at the time of booking; (b) Lender Fee: Three percent (3%) of the Rental Fee, deducted from the Lender's disbursement; and (c) BoRo's blended platform revenue equals ten percent (10%) of each Rental Transaction. BoRo reserves the right to modify the Platform Fee structure upon thirty (30) days' written notice to Users. Continued use of the Platform following such notice constitutes acceptance of the revised fee structure.
9.2 Third-Party Payment Providers; Limited Role of BoRo
The Platform utilizes Payment Providers to facilitate the authorization, processing, settlement, and disbursement of financial transactions. Users acknowledge and agree that BoRo does not hold, custody, or control User funds as a financial institution; act as a bank, depositary institution, or escrow agent; or assume any responsibility for the acts, omissions, errors, or failures of any Payment Provider. BoRo's role is limited to that of a technology platform provider and limited payment collection agent.
9.3 User Authorization; Payment Instructions; Survival
By accessing or using the Platform, each User hereby irrevocably authorizes BoRo and its Payment Providers to: (a) initiate charges, pre-authorizations, captures, reversals, refunds, and adjustments to any payment method on file; (b) store and process payment credentials in tokenized or otherwise secure form; (c) transmit, communicate, and execute payment instructions on behalf of the User; and (d) process transactions in accordance with the Platform's System Logic and these Terms. Such authorization shall survive termination, suspension, or closure of the User's account for so long as necessary to: (i) complete pending or partially completed transactions; (ii) recover any outstanding amounts, fees, or liabilities; and (iii) resolve Disputes, chargebacks, or Enforcement Actions.
9.4 Payment Method Requirements; Material Breach
Each User agrees to: (a) maintain at least one valid, current, and enforceable payment method on file at all times; (b) ensure that such payment method has sufficient funds or credit availability to satisfy all obligations arising under these Terms; and (c) promptly update any expired, invalid, or declined payment method. Failure to maintain a valid payment method shall constitute a material breach of these Terms and may result in immediate Enforcement Action.
9.5 Appointment as Limited Payment Collection Agent
Each Lender hereby irrevocably appoints BoRo as its limited payment collection agent solely for the purpose of: (a) collecting Rental Fees, Platform Fees, and applicable taxes; (b) collecting BoRo Shield deposits; and (c) facilitating the disbursement of funds to the Lender. Payment made by a Borrower to BoRo (or its Payment Providers) shall be deemed full, final, and complete satisfaction of such Borrower's payment obligation to the applicable Lender, regardless of whether such funds have been disbursed to the Lender. BoRo's role as limited payment collection agent does not create any fiduciary, trust, or escrow relationship; does not impose any obligation to segregate funds except as required by applicable law; and shall be interpreted solely as a contractual facilitation mechanism.
9.6 Authorization Holds; Payment Lifecycle
BoRo, through its Payment Providers, may initiate one or more authorization holds in connection with any User activity, including: (a) Commitment Holds; (b) Rental Fee pre-authorizations; (c) BoRo Shield deposit holds; and (d) late fees, penalties, or other contingent charges. Authorization holds are not final charges unless and until captured; may reduce available balance or credit capacity; and may expire, be released, be reauthorized, or be replaced in accordance with Payment Provider rules. BoRo reserves the right, at any time and without prior notice, to reauthorize any expired hold, initiate new or replacement holds, and convert any authorization hold into a captured charge.
9.7 Post-Transaction Charges; Continuing Authorization
Users expressly authorize BoRo and its Payment Providers to charge any payment method on file at any time, including after completion of a Rental Transaction, expiration of any prior authorization, or closure of a User account, in order to recover any amounts owed, including without limitation: (a) damages, losses, or repair costs; (b) fees, charges, or Platform costs; (c) penalties, late fees, or enforcement-related charges; and (d) any other outstanding balances arising under these Terms. Such authorization shall survive indefinitely to the maximum extent permitted by applicable law.
9.8 Disbursements
BoRo will disburse net Rental Fees (Rental Fee minus the 3% Lender Platform Fee) to Lenders following confirmation of a completed Rental Transaction, subject to applicable Stripe payout timelines. BoRo reserves the right to withhold disbursement pending resolution of a Dispute or investigation of potential policy violations.
9.9 Chargeback and Payment Reversal Framework
If a Borrower initiates a chargeback with their bank or credit card issuer with respect to a Rental Transaction without first following BoRo's Dispute resolution process set forth in Section 9.10, BoRo reserves the right to suspend the Borrower's account, dispute the chargeback with the issuing institution, and pursue all available legal remedies for any resulting losses, fees, and costs. With respect to chargeback resolutions affecting Lender payouts, Lenders acknowledge and agree that: (a) BoRo may, upon receipt of a chargeback or payment dispute initiated by a Borrower's financial institution, immediately withhold or reverse any pending or recently disbursed payout associated with the disputed Transaction pending resolution; (b) BoRo will use commercially reasonable efforts to contest chargebacks on Lenders' behalf where BoRo determines the underlying Transaction was completed and the chargeback lacks merit, but makes no guarantee of a successful chargeback reversal; (c) in the event a chargeback is resolved in favor of the Borrower's financial institution, Lenders acknowledge that the corresponding payout may be permanently reversed and that Lender's recourse is solely against the Borrower pursuant to the Terms and applicable law; and (d) BoRo's liability to a Lender in connection with any chargeback or payment reversal is strictly limited to the Platform Fees retained by BoRo in connection with the specific Transaction at issue.
9.10 Dispute Window
Any Borrower or Lender seeking to dispute a charge or claim arising from a Rental Transaction must initiate a Dispute through the Platform within forty-eight (48) hours of the confirmed return of the Item. Disputes submitted after the forty-eight (48) hour window will not be eligible for BoRo mediation and may be rejected at BoRo's sole discretion. This limitation period does not affect any rights you may have under applicable state consumer protection law.
9.11 Payment Failure; Recovery; Collections
In the event that any payment authorization, charge, or settlement attempt fails, BoRo reserves the right to: (a) reattempt such charges one or more times; (b) initiate charges against any alternative payment method associated with the User's account; and (c) suspend or restrict the User's access to the Platform. BoRo may also: (i) offset, deduct, or recoup any amounts owed by a User against any funds otherwise payable to such User; (ii) engage third-party collection agencies; (iii) report delinquent accounts to credit reporting agencies to the extent permitted by applicable law; and (iv) initiate legal proceedings to recover unpaid amounts. Users shall remain fully liable for all amounts owed, including collection costs and reasonable attorneys' fees to the extent permitted by law.
9.12 Refunds
Refund eligibility is governed by the BoRo Refund Policy, incorporated herein by reference. All refunds are processed through Stripe and may take three (3) to seven (7) business days to appear. BoRo does not guarantee refunds in all circumstances.
9.13 No Guarantee of Recovery
BoRo makes no representation, warranty, or guarantee of any kind regarding the recovery of funds or financial outcomes in connection with any Rental Transaction, Dispute, or Enforcement Action. All financial recovery is subject to, among other factors, payment method validity, Payment Provider performance, User solvency, and applicable law.
9.14 Travel and Mileage
Where a Rental Transaction involves travel by a User, travel is priced upon productive mileage only. The midpoint between the Lender's and the Borrower's stated locations is the neutral baseline: neither party is compensated for travel to the midpoint, and a meeting at the midpoint results in no travel adjustment between the parties. Only mileage travelled beyond the midpoint is billable, counted one way per leg, at seventy-five cents ($0.75) per mile. The handover leg and the return leg are priced independently.
BoRo earns no revenue upon travel between Users. A travel amount is a transfer between the parties and is not a Platform Fee. Where BoRo dispatches a team member, the mileage component is computed upon the same agreed User-to-User distance established at booking, at seventy-five cents ($0.75) per mile, together with the applicable flat dispatch fee; BoRo does not bill its team member's actual route.
The mileage rate is a fixed figure reviewed annually and is not indexed to any external standard. BoRo reserves the right to modify it upon thirty (30) days' written notice to Users.
9.15 Extension Fees
Where a Borrower extends a Rental Transaction, the Platform Fee applies to the entire Rental Transaction including every extension day, at the rates set out in Section 9.1. The full committed extension fee is charged at the time the Borrower commits to the extended term.
9ACancellation Policy
9A.1 Cancellation by Borrower
Borrowers may cancel a confirmed Rental Transaction booking at any time prior to the scheduled pickup time, subject to the following cancellation tiers:
Full Refund Tier: Cancellations made more than twenty-four (24) hours before the scheduled pickup time are eligible for a full refund of the Rental Fee to the Borrower. BoRo's Platform Fee (7%) is non-refundable.
Partial Refund Tier: Cancellations made between two (2) and twenty-four (24) hours before the scheduled pickup time are eligible for a fifty percent (50%) refund of the Rental Fee to the Borrower. BoRo's Platform Fee (7%) is non-refundable.
No Refund Tier: Cancellations made fewer than two (2) hours before the scheduled pickup time, or no-shows where the Borrower fails to appear at the agreed pickup location within sixty (60) minutes of the scheduled pickup time without notice, are not eligible for any refund.
9A.2 Cancellation by Lender
Lenders may cancel a confirmed booking at any time prior to the scheduled pickup time. In the event of a Lender-initiated cancellation: (a) the Borrower will receive a full refund of all amounts paid, including the Platform Fee; (b) BoRo will not collect a Platform Fee on the cancelled Transaction; and (c) repeated Lender cancellations may result in reduced Listing visibility, restrictions on future bookings, or account suspension or termination, at BoRo's sole discretion.
9A.3 Platform Fee on Cancellations
BoRo's Platform Fee is non-refundable on Borrower-initiated cancellations except as specified in the Full Refund Tier above, and is fully waived on Lender-initiated cancellations. BoRo reserves the right to modify cancellation tiers and refund policies upon thirty (30) days' notice to Users.
9A.4 Cancellation Process
All Cancellations must be initiated through the Platform. BoRo does not accept cancellations communicated solely via User-to-User messaging, email, or off-Platform channels. The time of Cancellation is determined by the Platform's System Logic at the moment of Cancellation initiation.
9A.5 Extraordinary Circumstances
BoRo may, in its sole discretion exercised reasonably and in good faith, provide full or partial refunds or waive cancellation fees in connection with extraordinary circumstances beyond a User's reasonable control, including without limitation natural disasters, government-declared emergencies, or other events that directly prevent completion of a Rental Transaction. Extraordinary circumstance claims must be submitted through the Platform within forty-eight (48) hours of the scheduled Transaction.
10BoRo Shield — Contractual Protection Mechanism
10.1 Nature of BoRo Shield; Non-Insurance Status
BoRo Shield constitutes a contractual, deposit-based risk mitigation mechanism established to allocate and address potential financial exposure arising from Rental Transactions. BoRo Shield is not insurance and does not constitute an insurance policy, guarantee, warranty, or promise of reimbursement or compensation. Users expressly acknowledge and agree that BoRo Shield: (a) is not offered, underwritten, or administered as an insurance product; (b) does not create any form of insurance coverage or risk pooling arrangement; and (c) does not create any regulatory insurance obligation.
10.2 BoRo Shield Coverage Caps; Maximum Eligible Item Value
BoRo Shield coverage is subject to the following caps, which apply to every Rental Transaction regardless of the declared Item Value or actual loss:
Per-Transaction Shield Cap: BoRo Shield coverage shall not exceed the BoRo Shield deposit amount collected for the specific Rental Transaction at issue, as determined by BoRo's System Logic at the time of booking.
Maximum Eligible Item Value: Items with a declared Item Value exceeding two thousand five hundred dollars ($2,500.00) are not eligible for standard BoRo Shield coverage. Lenders who wish to list Items with a declared value above $2,500.00 must obtain and maintain their own property insurance coverage for such Items and acknowledge that BoRo Shield will not cover any loss, damage, or liability arising in connection with such Items.
No Consequential Coverage: BoRo Shield does not cover consequential, incidental, or indirect losses, including but not limited to loss of use, lost income, emotional distress, or reputational harm.
BoRo reserves the right to modify the per-transaction Shield cap and maximum eligible Item Value upon thirty (30) days' notice to Users. Modified caps apply to Transactions initiated after the effective date of such modification.
10.3 Administration; Determination Authority
BoRo administers BoRo Shield in its sole discretion, exercised reasonably and in good faith, based on Platform Records, submitted evidence, and internal evaluation processes. BoRo shall have no obligation to: (a) follow external standards, methodologies, or valuation frameworks; (b) obtain third-party assessments or independent inspections; or (c) provide detailed explanations of its determinations, except to the extent required by applicable law.
10.4 BoRo Shield Trigger Events; Scope of Capture
BoRo may capture all or any portion of the BoRo Shield amount in connection with any of the following events: (a) physical damage, including cosmetic damage, wear beyond normal use, structural impairment, functional defects, or malfunctions attributable to use during the Rental Transaction; (b) total loss, including destruction or irreparable damage, non-recoverability of the Item, or failure to return the Item under circumstances constituting a total loss; (c) late return or extended possession beyond the permitted rental period; (d) non-return or abandonment, including unresponsiveness, failure to coordinate return, or refusal or inability to return the Item; (e) misuse or unauthorized use, including use inconsistent with the Item's intended purpose or unauthorized transfer or subleasing; (f) violations of these Terms or Platform policies; and (g) fraud, abuse, or manipulation, including submission of false claims, fabrication of evidence, or collusion designed to exploit the Platform.
10.5 Damage Reporting; Lender Reporting Deadline; AI Evidence Prohibition
To be eligible for BoRo Shield coverage, Lenders must comply with the following damage reporting requirements:
Reporting Deadline: Lenders must submit a damage report through the Platform within twenty-four (24) hours of the confirmed return of the Item, as recorded by the Platform's System Logic. Damage reports submitted after the twenty-four (24) hour deadline will be ineligible for BoRo Shield coverage, except in cases of documented extraordinary circumstances approved by BoRo in its sole discretion.
Required Documentation: All damage reports must include Legitimate and Verifiable Evidence, meaning original, unaltered photographs or videos captured by the Lender's own device immediately before the rental commencement and immediately after the Item's return. Evidence must include visible timestamps and must accurately depict the Item's condition.
AI Evidence Prohibition: Lenders and Borrowers are strictly prohibited from submitting photographs, videos, or any other media that have been generated, altered, modified, enhanced, or otherwise processed using artificial intelligence tools in connection with any Dispute, BoRo Shield claim, or damage assessment. Submission of AI-manipulated evidence shall constitute a material breach of these Terms and shall result in: (a) immediate disqualification of the underlying claim; (b) forfeiture of any BoRo Shield coverage for the Transaction; and (c) Enforcement Actions including permanent account termination. BoRo reserves the right to use its own technical systems to detect AI-generated or AI-manipulated evidence.
The twenty-four (24) hour Lender reporting deadline runs concurrently with the Borrower's forty-eight (48) hour Dispute window under Section 9.10. Both deadlines are measured from the Platform-confirmed return time.
10.6 Evidence; Determination Framework; Burden of Proof
In connection with any BoRo Shield determination, BoRo may rely upon any information or data available, including: (a) Platform Records; (b) Legitimate and Verifiable Evidence submitted by Users; (c) system-generated data including timestamps, geolocation data, device data, and transactional logs; and (d) behavioral analytics and risk indicators. Users acknowledge and agree that: (i) the Lender bears the initial burden of establishing the condition of an Item at or prior to the commencement of a Rental Transaction; and (ii) following acceptance of an Item by a Borrower, the Borrower bears the burden of disproving responsibility for any damage, loss, or condition discrepancy identified upon return.
10.7 Determination Outcomes; Finality
Based on its evaluation of available evidence, BoRo may determine that: (a) no damage has occurred, resulting in full release of any applicable BoRo Shield; (b) minor damage has occurred, resulting in partial capture; (c) major damage has occurred, resulting in substantial or significant capture; or (d) a total loss has occurred, resulting in full capture of the BoRo Shield, subject to the caps in Section 10.2. All determinations made by BoRo pursuant to this Section shall be final, binding, and non-appealable, except to the extent prohibited by applicable law or in the event of manifest error as determined by BoRo in its reasonable discretion.
10.8 Total Loss Protocol
In the event that BoRo determines a total loss has occurred, BoRo shall have the right to assume full control over the resolution process, including: (a) freezing or withholding any pending payouts associated with the relevant Rental Transaction; (b) requiring the Lender to surrender possession of the Item to BoRo or its designated agent; (c) verifying custody and condition of the Item through Platform Records or physical retrieval; and (d) releasing applicable BoRo Shield funds in accordance with its determination, subject to the coverage caps in Section 10.2. Following completion of the total loss determination: (i) the Borrower may be provided a limited opportunity, not to exceed thirty (30) days, to retrieve the Item from BoRo, where applicable; and (ii) if the Item is not retrieved within such period, BoRo may dispose of, recycle, or otherwise handle the Item at its discretion, without further liability or obligation.
10.9 Two-Lane Protection Structure
BoRo Shield applies according to the Item Value declared by the Lender at the time of listing.
| Lane A | Lane B | |
|---|---|---|
| Declared Item Value | $0.01 – $100.00 | $101.00 – $1,000.00 |
| BoRo Shield | Not applied | Authorization hold equal to declared Item Value |
| Protective instrument | Saved payment method | BoRo Shield, with saved payment method as second layer |
| Commitment Hold | Applies | Applies |
| Maximum rental term | 30 days | 30 days |
10.10 Declared Item Value as Recovery Ceiling
THE ITEM VALUE DECLARED BY THE LENDER IS THE MAXIMUM AMOUNT BORO WILL RECOVER OR CREDIT IN RESPECT OF THAT ITEM, IN EITHER LANE. A Lender who declares a lower Item Value in order to obtain the Lane A experience accepts that lower figure as the ceiling of the Lender's own recovery. This limitation is disclosed to the Lender at the time of declaration.
10.11 Saved Payment Method
At verification, each User authorizes BoRo and its Payment Providers to store the User's payment method for subsequent off-session charge. In Lane A this saved payment method is the sole protective instrument and may be charged, up to the declared Item Value, in respect of damage, loss, theft, late fees, storage charges, or recovery fees. In Lane B it is the second protective layer and may be charged where damage exceeds the BoRo Shield amount, where an authorization hold has lapsed, or where the BoRo Shield is otherwise unavailable.
Users acknowledge that a saved payment method is not an authorization hold and does not guarantee the availability of funds. This authorization operates in accordance with Sections 9.3 and 9.7.
10.12 Extension of Rental Term; Authorization Refresh
A Rental Transaction in Lane B may be extended to a maximum term of thirty (30) days. Because an authorization hold expires in accordance with Payment Provider rules, a Borrower extending a rental must, on every sixth day of the extended term, take a cardholder-present action within the Platform to authorize a replacement BoRo Shield. The prior hold is released only after the replacement hold succeeds.
AUTHORIZATION HOLDS ARE NOT RELEASED INSTANTANEOUSLY BY ALL ISSUING INSTITUTIONS. BOTH THE PRIOR AND THE REPLACEMENT BORO SHIELD HOLD MAY THEREFORE APPEAR AGAINST A BORROWER'S PAYMENT METHOD SIMULTANEOUSLY FOR A PERIOD OF SEVERAL DAYS.
This is a function of banking practice and not a duplicate charge. Neither hold is a captured charge unless and until BoRo captures it in accordance with these Terms.
Where a Borrower fails to take the required action, the BoRo Shield lapses but the Rental Transaction is not cancelled. The saved payment method under Section 10.11 becomes the protective instrument for the remainder of the term, and the Borrower remains obligated to return the Item on the committed date.
10AUncollected and Abandoned Items
10A.1 Application
This Section applies where BoRo has taken physical custody of an Item belonging to a Lender in the course of a dispatch, recovery, or collection permitted by these Terms, and the Lender has not collected it. BoRo holds any such Item as custodian for the Lender and acquires no ownership interest in it except as provided in this Section.
10A.2 Collection Period and Storage
The Lender shall collect the Item within thirty (30) days of the date on which BoRo notifies the Lender that the Item is available for collection. A storage charge of five dollars ($5.00) per day accrues against the Lender beginning twenty-four (24) hours after BoRo takes custody, capped in the aggregate at the Item Value declared by the Lender. A Lender who collects promptly incurs no storage charge.
10A.3 Final Notice and Cure Period
If the Item remains uncollected on the thirty-first (31st) day, BoRo shall send the Lender a final notice by electronic mail to the address on the Lender's account and by in-application notification, stating: that the Item remains uncollected; the storage and other charges accrued to date; the date on which the Item will be deemed abandoned; and the Lender's right to collect it before that date. The Lender shall have fifteen (15) days from the date of that final notice within which to collect the Item.
10A.4 Deemed Abandonment
10A.4.1 Abandonment
AN ITEM NOT COLLECTED WITHIN FIFTEEN (15) DAYS OF THE FINAL NOTICE GIVEN UNDER SECTION 10A.3 IS DEEMED ABANDONED BY THE LENDER. Upon abandonment the Lender relinquishes all right, title and interest in the Item, and BoRo may deal with the Item as provided in Section 10A.5 without further notice to the Lender and without liability to the Lender.
By listing an Item on the Platform, the Lender agrees in advance to this Section and acknowledges that it operates as the Lender's consent to the disposal of an uncollected Item following notice and the opportunity to cure.
10A.5 Disposal
Upon abandonment BoRo may, at its sole discretion: (a) where the Item Value declared by the Lender was one hundred dollars ($100.00) or less, donate or discard the Item without sale, the cost of a commercially reasonable sale exceeding the likely proceeds; or (b) where the Item Value declared by the Lender exceeded one hundred dollars ($100.00), sell the Item in a commercially reasonable manner, whether publicly or privately.
10A.6 Application of Proceeds
The net proceeds of any sale under Section 10A.5 shall be applied in the following order: first, to the reasonable costs of the sale; second, to storage charges accrued under Section 10A.2; third, to any dispatch, recovery, collection, or custody cost BoRo incurred in respect of the Item; and fourth, to any other amount then due from the Lender to BoRo.
Any surplus remaining shall be credited to the Lender's BoRo Wallet and held for the Lender for a period of twelve (12) months. BoRo shall notify the Lender that a surplus is held. A surplus which remains unclaimed at the expiration of that period shall be treated in accordance with applicable unclaimed property law.
10A.7 Shortfall
Where the proceeds of sale are insufficient to discharge the amounts set out in Section 10A.6, or where the Item is donated or discarded under Section 10A.5, the balance remains a debt due from the Lender to BoRo and may be recovered from the Lender's BoRo Wallet, set off against future disbursements, or charged to the payment method on the Lender's account pursuant to Section 9.7.
10A.8 Records
BoRo shall retain, in respect of every Item disposed of under this Section: photographic evidence of the Item at the time custody was taken and at the time of disposal; a record of every notice given, including the date, method, and address of delivery; and a record of the disposal, including any sale price obtained. Those records shall be retained for not less than three (3) years.
10A.9 Release
The Lender releases BoRo from any claim arising from the disposal of an Item in accordance with this Section, provided BoRo has given the notices required by Section 10A.3 and has otherwise complied with this Section. Nothing in this Section limits BoRo's obligation to take reasonable care of an Item while it remains in BoRo's custody.
11Hub Partner Program
Hub Partners that have entered into a separate Hub Partner Agreement with BoRo may facilitate Item staging, exchange, and storage at designated Hub locations. All Hub Partner activity is governed by the applicable Hub Partner Agreement and these Terms. In the event of a conflict between a Hub Partner Agreement and these Terms, the Hub Partner Agreement shall control solely with respect to Hub-specific obligations. Hub Partners assume no warranty or liability for Items stored at Hub locations beyond those expressly assumed in the Hub Partner Agreement. BoRo is not responsible for Items lost, stolen, or damaged while in the custody of a Hub Partner, except to the extent such loss, theft, or damage results from BoRo's own gross negligence or willful misconduct.
12BoRo Eko Referral Program
Eligible Users may participate in BoRo Eko, BoRo's referral commission program, subject to the BoRo Eko Program Terms incorporated herein by reference. Key terms include:
- Commission Rate: Six percent (6%) of BoRo's earned Platform Fee attributable to each referred User's completed Transactions;
- Commission Term: Twelve (12) months from the date of the referred User's first completed Transaction;
- Eligibility: Participants must maintain an active, good-standing BoRo account throughout the commission period;
- No Double-Counting: A referred User may not be attributed to more than one (1) BoRo Eko participant;
- Anti-Fraud: Any referral activity that BoRo determines to constitute fraud, manipulation, or abuse shall result in forfeiture of all earned commissions and account termination; and
- Tax Reporting: Participants are solely responsible for all tax obligations arising from BoRo Eko commissions.
BoRo reserves the right to modify or terminate the BoRo Eko program at any time upon thirty (30) days' notice. Earned commissions accrued prior to program termination will be honored in accordance with the BoRo Eko Program Terms in effect at the time of accrual.
12.4 Commission Basis
The BoRo Eko commission is calculated upon BoRo's full earned Platform Fee for each qualifying Transaction, at six percent (6%) per referred User, and accrues separately in respect of each referred User participating in that Transaction. Where a single participant has referred both the Lender and the Borrower in the same Transaction, that participant earns six percent (6%) in respect of each, being twelve percent (12%) of BoRo's earned Platform Fee for that Transaction.
By way of illustration: upon a Rental Transaction of one hundred dollars ($100.00) BoRo earns a Platform Fee of ten dollars ($10.00); a participant who referred one party earns sixty cents ($0.60), and a participant who referred both parties earns one dollar and twenty cents ($1.20).
Each referred User carries an independent twelve (12) month commission period commencing upon that User's first completed Transaction. Because a Transaction has two parties, the aggregate BoRo Eko commission payable in respect of any single Transaction shall not exceed twelve percent (12%) of BoRo's earned Platform Fee.
13User Content and Intellectual Property
13.1 License Grant to BoRo
By submitting, posting, or transmitting any User Content on or through the Platform, you hereby grant BoRo a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, display, distribute, modify, adapt, prepare derivative works of, and otherwise exploit such User Content in connection with the operation, promotion, and improvement of the Platform and BoRo's business. This license survives termination of this Agreement solely with respect to User Content already incorporated into BoRo's Platform or marketing materials.
13.2 Your Representations Regarding User Content
You represent and warrant that: (a) you own or have all necessary rights to submit User Content and to grant the license in Section 13.1; (b) your User Content does not infringe any third-party intellectual property, privacy, or other rights; (c) your User Content is accurate and not misleading; and (d) your User Content does not violate any applicable law or these Terms.
13.3 BoRo Intellectual Property
The Platform and all content, features, functionality, design, trademarks, service marks, logos, and other Intellectual Property therein, including without limitation the BoRo trademark (U.S. Serial No. 99298569), are owned by BoRo or its licensors and are protected by applicable intellectual property laws. Nothing in this Agreement grants you any right, title, or interest in or to BoRo's Intellectual Property. You may not use BoRo's name, trademarks, logos, or branding without BoRo's express prior written consent.
13.4 DMCA / Copyright Infringement
BoRo respects the intellectual property rights of others. If you believe your copyrighted work has been infringed on the Platform, please send a DMCA takedown notice to legal@borousa.com, including: (a) identification of the copyrighted work; (b) identification of the infringing material and its location on the Platform; (c) your contact information; (d) a statement of good faith belief; and (e) a statement of accuracy and authority, signed under penalty of perjury.
14Privacy and Data Collection
Your use of the Platform is subject to BoRo's Privacy Policy, incorporated herein by reference, which governs the collection, use, sharing, and protection of your personal information. By using the Platform, you consent to the data practices described in the Privacy Policy. BoRo uses industry-standard security measures to protect your data; however, no method of electronic transmission or storage is completely secure, and BoRo cannot guarantee absolute security.
BoRo may use automated technologies, including geolocation verification, device fingerprinting, and cryptographic pairing, in connection with Rental Transactions as part of its core Platform functionality. BoRo may also review, scan, and analyze in-Platform communications for Trust & Safety, fraud detection, and legal compliance purposes as described in the Privacy Policy. By using the Platform, you consent to such automated processing and communications scanning.
14ASMS / Text Messaging Program; Mobile Consent
14A.1 Program Description
BoRo operates an application-to-person ("A2P") text messaging program (the "Messaging Program") through which BoRo may send recurring SMS and MMS text messages to Users who provide their mobile telephone number and consent as described in this Section. Messages may include one-time verification and authentication codes; account, security, and transaction notifications; rental confirmations, pickup and return reminders, and damage-report notices; refund and payout updates; BoRo Eko referral program notifications; customer-care communications; and periodic promotional messages.
14A.2 Consent to Receive Messages
By providing your mobile telephone number to BoRo — whether during account registration, at checkout, by scanning a BoRo QR code, or through any other opt-in mechanism BoRo makes available — and affirmatively indicating your agreement to receive text messages, you consent to receive the categories of messages described in Section 14A.1 at the mobile number provided, including messages delivered by means of an automatic telephone dialing system or prerecorded or automated technology. You represent and warrant that you are the subscriber or customary user of, and are authorized to consent for, the mobile number you provide.
14A.3 Consent Not a Condition of Purchase
Your consent to receive promotional text messages is not a condition of purchasing any goods or services or of using the Platform. You may use the Platform's core functionality while opting out of promotional messages, subject to your continued receipt of transactional and account-related messages necessary to complete Rental Transactions and secure your account.
14A.4 Message Frequency
Message frequency varies and depends on your activity on the Platform, including the number and status of your Rental Transactions. BoRo does not guarantee any particular number of messages.
14A.5 Message and Data Rates
Message and data rates may apply to each message sent or received in connection with the Messaging Program, in accordance with the rate plan you maintain with your wireless carrier. You are solely responsible for all such charges.
14A.6 Opt-Out
You may opt out of the Messaging Program at any time by replying STOP to any message you receive from BoRo. Following your opt-out, BoRo will send a single confirmation message acknowledging your request, after which BoRo will cease sending promotional and non-essential text messages to that number. You acknowledge and agree that BoRo may continue to send transactional, security, or account-related messages to the extent necessary to complete pending Rental Transactions, protect account security, or comply with applicable law, and that opting out of text messages does not opt you out of other communications governed by Section 23.8.
14A.7 Help
For assistance with the Messaging Program, reply HELP to any message or contact BoRo at support@borousa.com.
14A.8 Supported Carriers; No Carrier Liability
The Messaging Program may not be compatible with all wireless carriers or devices. Wireless carriers are not liable for delayed, undelivered, or misdirected messages. BoRo does not guarantee that messages will be delivered and is not liable for any failure, delay, or error in the transmission or delivery of any message, including any failure attributable to your wireless carrier, device, or network conditions.
14A.9 Mobile Information; No Sale or Sharing for Third-Party Marketing
Mobile telephone numbers and text-messaging consent collected in connection with the Messaging Program are used solely to operate the Messaging Program and are governed by BoRo's Privacy Policy. BoRo does not sell, rent, or share mobile opt-in information or SMS consent with third parties or affiliates for their own marketing or promotional purposes. Such information may be shared only with BoRo's messaging service providers strictly as necessary to deliver messages, and as otherwise described in the Privacy Policy.
14A.10 Relationship to Other Provisions
BoRo may modify, suspend, or terminate the Messaging Program, in whole or in part, at any time. This Section 14A supplements, and does not limit, Section 14 (Privacy and Data Collection) or Section 23.8 (Electronic Communications); with respect to text messaging specifically, this Section 14A controls.
15Trust & Safety Framework; Monitoring; Enforcement Authority
15.1 Purpose and Scope
BoRo maintains and operates a comprehensive Trust & Safety Framework designed to: (a) protect Users from fraud, harm, misuse, and unsafe conduct; (b) preserve and enhance the integrity, reliability, and fairness of the Platform; and (c) enable both proactive and reactive detection, prevention, and enforcement of violations of these Terms.
15.2 Behavioral Monitoring and Automated Detection
BoRo may monitor User activity for purposes of fraud detection, risk assessment, and Platform integrity, including: (a) transaction patterns and frequency; (b) dispute rates and claim behavior; (c) cancellation and no-show activity; (d) responsiveness and communication behavior; and (e) payment activity and financial indicators. BoRo may utilize automated systems, including fraud detection algorithms, machine learning models, and pattern recognition systems, to identify suspicious, anomalous, or high-risk behavior.
15.3 Risk Scoring
BoRo may assign Users internal risk scores based on a combination of historical conduct, behavioral indicators, and outcomes of prior transactions, disputes, or Enforcement Actions. Such risk scores may influence: (a) visibility of Listings; (b) access to Platform features; and (c) the nature, scope, or severity of Enforcement Actions.
15.4 Non-Disclosure of Enforcement Criteria
To preserve the effectiveness and integrity of the Platform, BoRo shall have no obligation to disclose: (a) monitoring criteria or detection methodologies; (b) risk scoring models, algorithms, or weighting systems; or (c) internal enforcement thresholds, triggers, or decision frameworks.
15.5 Enforcement Actions; Immediate Effect
BoRo may take any Enforcement Action it deems appropriate, in its sole discretion exercised reasonably and in good faith, including without limitation: (a) issuance of warnings or notices; (b) removal or modification of Listings or content; (c) cancellation or suspension of transactions; (d) withholding, freezing, or adjustment of payments; (e) capture of BoRo Shield amounts; (f) suspension, restriction, or termination of User accounts; (g) device-level restrictions or bans; and (h) identity-based enforcement actions across related accounts. BoRo may implement any Enforcement Action immediately upon determination of a violation or risk, without prior notice and without providing an opportunity to cure, except to the extent required by applicable law.
15.6 Pattern-Based Enforcement; Account Linkage
BoRo may evaluate User behavior on an aggregated basis and impose escalating Enforcement Actions where patterns of misconduct are identified. Enforcement Actions may extend to any accounts or Users determined by BoRo to be related or associated, including accounts connected through: (a) shared devices or device identifiers; (b) common payment methods; (c) overlapping behavioral patterns; or (d) shared network or IP data.
15.7 Reporting; Investigation
Users may report suspected violations, including fraud, safety concerns, and policy violations. Submission of a report does not create any obligation on BoRo to take action. BoRo may investigate any User, account, Listing, or Rental Transaction in its sole discretion.
15.8 Preventative and Preemptive Measures
BoRo may take preventative or preemptive action, including freezing, withholding, or delaying disbursement of funds, where it reasonably suspects fraud, abuse, or manipulation of the Platform or risk to Users, transactions, or Platform integrity. Such actions may be taken prior to the completion of any investigation or final determination.
15.9 No-Appeal; Non-Reviewability
All Enforcement Actions are discretionary in nature and shall not be deemed mandatory, reviewable, or subject to appeal, except where required by applicable law.
15ARatings and Reviews; Integrity Framework
15A.1 Ratings and Review System
The Platform includes a mutual ratings and review system through which Lenders and Borrowers may provide written reviews and numerical ratings following completed Rental Transactions.
15A.2 Review Integrity Obligations
All reviews and ratings submitted through the Platform must be: (a) based on the submitting User's genuine first-hand experience with the specific Rental Transaction being reviewed; (b) accurate, honest, and not misleading in any respect; (c) free from personal attacks, harassment, defamatory statements, or discriminatory language; and (d) submitted within thirty (30) days of the completion of the reviewed Rental Transaction.
15A.3 Prohibited Review Conduct
Users are strictly prohibited from submitting false or fabricated reviews; offering compensation for reviews; threatening or retaliating against Users for reviews; submitting multiple reviews of the same Transaction; or coordinating to artificially inflate or deflate ratings.
15A.4 BoRo's Right to Moderate Reviews
BoRo reserves the right, but not the obligation, in its sole discretion exercised reasonably and in good faith, to remove, decline to publish, or modify any review or rating that BoRo determines violates these Terms or BoRo's Community Guidelines.
15A.5 No Warranty of Reviews
BORO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR AUTHENTICITY OF ANY REVIEW OR RATING APPEARING ON THE PLATFORM.
16User Safety Disclaimer; Assumption of Interaction Risk
16.1 Assumption of Inherent Risks
You acknowledge and agree that participation in peer-to-peer rental transactions involves inherent risks, including without limitation: (a) damage to or loss of property; (b) personal injury or bodily harm; (c) interaction with unknown or unverified individuals; and (d) misrepresentation, fraud, or deceptive conduct. You voluntarily and knowingly assume all risks, whether known or unknown, foreseeable or unforeseeable, arising out of or relating to: (i) your access to and use of the Platform; (ii) any Rental Transaction; (iii) any interaction or communication with other Users; and (iv) the possession, use, or return of any Item.
16.2 No Reliance on BoRo
Users acknowledge and agree that: (a) BoRo does not supervise, monitor, or control in-person or off-Platform interactions between Users; (b) BoRo does not guarantee the conduct, behavior, identity, or reliability of any User; and (c) all interactions between Users, including meetups, exchanges, and communications, occur at the Users' own risk. You expressly acknowledge and agree that you do not rely on BoRo for: (i) safety assurances or guarantees; (ii) verification or validation of any User; (iii) the condition, quality, or suitability of any Item; or (iv) the legality or compliance of any transaction.
16.3 No Duty to Inspect; No Warranty of Item Safety
BoRo has no duty to inspect, test, audit, or certify any Item listed on the Platform for safety, fitness for use, regulatory compliance, or absence of defects. BoRo makes no warranty, express or implied, that any Item listed on the Platform is safe, free from defect, or suitable for any purpose. Users and Third Parties who may be affected by the use of a rented Item rely solely on the Lender's representations and warranties set forth in Section 6.2 and not on any representation or warranty by BoRo.
17Disclaimers of Warranties
THE PLATFORM AND ALL CONTENT, SERVICES, ITEMS, AND FEATURES THEREIN ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BORO EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR SECURITY.
BORO MAKES NO WARRANTY REGARDING THE QUALITY, SAFETY, ACCURACY, OR LAWFULNESS OF ANY ITEM LISTED ON THE PLATFORM, OR THE IDENTITY, TRUSTWORTHINESS, OR CONDUCT OF ANY USER. BORO DOES NOT WARRANT THAT THE PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, WILL OPERATE WITHOUT INTERRUPTION, ERROR, OR DEFECT, WILL BE SECURE OR FREE FROM VULNERABILITIES, OR THAT ANY TRANSACTION WILL BE COMPLETED SUCCESSFULLY OR AS EXPECTED.
18Limitation of Liability and Indemnification
18.1 Exclusion of Certain Damages
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BORO, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, CONTRACTORS, LICENSORS, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS INTERRUPTION, OR COSTS OF SUBSTITUTE GOODS OR SERVICES, ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR ANY RENTAL TRANSACTION, REGARDLESS OF THE LEGAL THEORY AND WHETHER OR NOT BORO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
18.2 Platform Role Limitation
Without limiting the foregoing, BoRo shall have no liability whatsoever for: (a) any act, omission, or conduct of any User; (b) the condition, quality, safety, legality, or fitness of any Item; (c) any interaction, communication, or Dispute between Users, whether on or off the Platform; (d) any failure of any User to perform obligations under a Rental Transaction; or (e) any off-Platform arrangement or transaction.
18.3 Aggregate Liability Cap — Tiered Structure
To the maximum extent permitted by applicable law, BoRo's total liability to you is subject to the following tiered cap structure, applied in the order set forth below:
Tier 1 — Per-Transaction Cap (Primary): To the extent any liability arises directly from BoRo's role in a specific Rental Transaction or payment facilitation in connection with a specific Transaction, such liability shall be strictly limited to the Platform Fees actually retained by BoRo in connection with that specific Transaction.
Tier 2 — Aggregate Cap (Secondary): For all other claims not subject to the Tier 1 per-transaction cap, BoRo's total cumulative and aggregate liability arising out of or relating to these Terms, the Platform, or any Rental Transaction, whether arising in contract, tort (including negligence), strict liability, statute, regulation, equity, or any other legal or equitable theory, shall not exceed the greater of: (A) five hundred United States dollars (USD $500.00); or (B) the total Platform Fees paid by you to BoRo in the twelve (12) months preceding the event giving rise to the claim.
THESE LIMITATIONS SHALL APPLY ON A PER-USER BASIS, IN THE AGGREGATE ACROSS ALL CLAIMS, AND REGARDLESS OF THE NUMBER OR NATURE OF CLAIMS OR LEGAL THEORIES ASSERTED.
18.4 Essential Basis of the Bargain
The parties acknowledge and agree that the limitations set forth in this Section 18 reflect a reasonable allocation of risk, are an essential element of the basis of the bargain between you and BoRo, and that BoRo would not provide the Platform to you without these limitations. These limitations apply notwithstanding any failure of essential purpose of any remedy and shall survive to the fullest extent permitted by law.
18.5 Exceptions
Nothing in this Agreement shall limit or exclude BoRo's liability for: (a) death or personal injury caused by BoRo's gross negligence or willful misconduct; (b) fraud or fraudulent misrepresentation; or (c) any liability that cannot be excluded or limited under applicable law.
18.6 Indemnification
You agree to defend, indemnify, and hold harmless BoRo, its parent, subsidiaries, affiliates, officers, directors, employees, agents, licensors, and service providers (collectively, "BoRo Indemnitees") from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising out of or relating to: (a) your use of or access to the Platform; (b) your User Conduct; (c) your violation of this Agreement; (d) your violation of any third-party right, including any intellectual property, privacy, or property right; (e) any Rental Transaction in which you participate; (f) any Item you list or rent; (g) your User Content; or (h) your violation of any applicable law or regulation. BoRo reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with BoRo's defense. You shall not settle any such claim without BoRo's prior written consent.
19Dispute Resolution; Arbitration; Class Action Waiver
19.1 Informal Resolution
Before initiating formal arbitration, you agree to contact BoRo at legal@borousa.com and provide a written description of your Dispute, the relief you seek, and your contact information. BoRo and you agree to use good-faith efforts to resolve the Dispute informally within thirty (30) days of submission. If the Dispute is not resolved informally within such period, either party may proceed to binding arbitration.
19.2 Agreement to Arbitrate
EXCEPT AS SET FORTH IN SECTION 19.6, YOU AND BORO AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE PLATFORM, OR ANY RENTAL TRANSACTION SHALL BE RESOLVED EXCLUSIVELY BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS. THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO DETERMINE SCOPE, VALIDITY, ENFORCEABILITY, AND ARBITRABILITY. THE FEDERAL ARBITRATION ACT (9 U.S.C. § 1 ET SEQ.) GOVERNS THE ENFORCEABILITY OF THIS ARBITRATION PROVISION.
19.3 Arbitration Provider and Rules
Arbitration shall be administered by JAMS pursuant to the JAMS Comprehensive Arbitration Rules and Procedures (or, for claims under $250,000, the JAMS Streamlined Arbitration Rules) in effect at the time of the Dispute, before a single arbitrator. The arbitrator shall apply North Carolina law to the merits of the Dispute. If JAMS is unavailable, arbitration shall be administered by the American Arbitration Association (AAA) under applicable rules.
19.4 Location; Award
Arbitration shall take place in Mecklenburg County, North Carolina, unless the parties mutually agree to a different location or virtual proceedings. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
19.5 Class Action Waiver; Jury Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL DISPUTES SHALL BE ARBITRATED SOLELY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY CLASS, COLLECTIVE, COORDINATED, CONSOLIDATED, MASS, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. YOU EXPRESSLY WAIVE ANY RIGHT TO PURSUE CLAIMS ON A CLASS-WIDE OR REPRESENTATIVE BASIS. YOU AND BORO ALSO WAIVE ANY RIGHT TO TRIAL BY JURY.
19.6 Exceptions to Arbitration
Notwithstanding the foregoing, either party may: (a) seek injunctive or other equitable relief in any court of competent jurisdiction to prevent or enjoin the actual or threatened infringement, misappropriation, or violation of intellectual property rights; (b) bring claims in small claims court for claims within such court's jurisdiction; or (c) seek emergency relief pending the outcome of arbitration.
19.7 Costs and Fees
Each party shall bear its own attorneys' fees and costs. JAMS filing and arbitrator fees shall be allocated in accordance with JAMS rules, except that BoRo shall bear arbitration costs to the extent necessary to ensure enforceability under applicable law, including paying all JAMS administrative fees and arbitrator compensation for claims seeking $10,000 or less, unless the arbitrator determines the claim was frivolous.
19.8 Governing Law; Venue
This Agreement and all matters arising out of or related hereto shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to any choice or conflict of law provisions. For matters not subject to arbitration under this Section 19, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in Mecklenburg County, North Carolina. Users irrevocably: (a) submit to the personal jurisdiction of such courts; (b) waive any objection based on improper venue or forum non conveniens; and (c) consent to such exclusive jurisdiction and venue.
With respect to Users located in or accessing the Platform from South Carolina, to the extent required by applicable South Carolina law, including the South Carolina Unfair Trade Practices Act (S.C. Code Ann. § 39-5-10 et seq.), the consumer protection rights provided under such law are not waived or limited by this Agreement, and you retain all rights provided by applicable South Carolina law to the extent such rights cannot be waived by contract.
19.9 Time Limitation on Claims
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE PLATFORM MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES. CLAIMS NOT BROUGHT WITHIN THIS PERIOD ARE PERMANENTLY BARRED.
19.10 Savings Clause for Applicable Law
Nothing in this Section shall be construed to limit any non-waivable rights under applicable law. To the extent required by law, arbitration procedures, costs, or requirements shall be modified to preserve enforceability.
19.11 Survival
This Section 19 survives termination of this Agreement.
20Taxes; Regulatory Compliance; User Responsibility
Each User is solely responsible for: (a) determining, reporting, and remitting any applicable taxes arising from their use of the Platform or participation in any Rental Transaction, including federal, state, and local income taxes, sales taxes, and rental taxes; (b) complying with all applicable laws, regulations, and reporting requirements; and (c) maintaining any licenses, permits, or registrations required under applicable law. BoRo may, where required or permitted by applicable law: (i) collect and remit applicable taxes; (ii) report transaction data to governmental authorities; and (iii) issue tax forms or informational returns, including IRS Form 1099-K or similar documents. BoRo does not provide tax, legal, or accounting advice. Users are solely responsible for consulting their own advisors regarding their obligations.
21Term, Suspension, and Termination
21.1 Term
This Agreement commences on the Effective Date and remains in effect until terminated by either party as provided herein.
21.2 Termination by You
You may terminate your account at any time by contacting BoRo at support@borousa.com or through the account settings feature on the Platform. Termination does not relieve you of any outstanding obligations, including payment obligations, arising prior to termination.
21.3 Suspension or Termination by BoRo
BoRo may, at any time and for any reason or no reason, suspend, restrict, or terminate a User's access to the Platform, in its sole discretion exercised reasonably and in good faith, including without limitation for: (a) violation of this Agreement; (b) suspected fraud, illegal activity, or abuse; (c) nonpayment of amounts owed; (d) conduct posing a risk to the safety of other Users, Items, or the Platform; or (e) BoRo's discontinuation of the Platform or any feature thereof.
21.4 Effect of Termination
Upon termination: (a) all rights granted to the User under these Terms shall immediately cease; and (b) all obligations, liabilities, and rights accrued prior to termination shall remain in full force and effect, including without limitation payment obligations and financial enforcement rights, BoRo Shield provisions, limitation of liability and disclaimers, indemnification obligations, dispute resolution, and Trust & Safety enforcement rights.
22Force Majeure; Excused Performance
BoRo shall not be liable for any failure or delay in performance arising out of or caused by circumstances beyond its reasonable control, including without limitation: (a) acts of God, natural disasters, or extreme weather events; (b) war, terrorism, civil unrest, or public disturbances; (c) governmental actions, orders, or restrictions; (d) failures or disruptions of internet infrastructure, telecommunications, or utilities; (e) cybersecurity incidents or system failures; (f) pandemic or public health emergency; and (g) outages or failures of Payment Providers or third-party services. Performance shall be excused for the duration of such events.
23General Provisions
23.1 Modifications to This Agreement
BoRo reserves the right to modify, amend, or update these Terms at any time, in its sole discretion exercised reasonably and in good faith. BoRo will provide notice of material changes by posting the updated Terms on the Platform, sending an email to your registered address, or through in-app notification, at least thirty (30) days prior to the effective date of material changes. Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the modified Terms.
23.2 Entire Agreement
These Terms, together with the Privacy Policy v2.2, BoRo Shield Policy, BoRo Eko Program Terms, Hub Partner Agreement (if applicable), and all other policies expressly incorporated herein by reference, constitute the entire agreement between you and BoRo with respect to the subject matter hereof and supersede all prior and contemporaneous agreements, representations, understandings, and negotiations between the parties.
23.3 Severability; Reformation
If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be modified and reformed to the minimum extent necessary to make it valid and enforceable, or if it cannot be so modified, it shall be severed from this Agreement, and the remaining provisions shall continue in full force and effect.
23.4 No Waiver
No failure or delay by BoRo in exercising any right, power, or remedy under these Terms shall operate as a waiver thereof, nor shall any single or partial exercise preclude any further exercise of such right or any other right.
23.5 Assignment
BoRo may assign, transfer, or delegate its rights and obligations under these Terms without restriction and without notice, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of BoRo's assets. Users may not assign, transfer, or delegate their rights or obligations under these Terms without the prior written consent of BoRo. Any attempted assignment in violation of this provision shall be null and void ab initio.
23.6 No Third-Party Beneficiaries
These Terms are for the sole benefit of the parties hereto and their permitted successors and assigns. Nothing herein, express or implied, shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature.
23.7 Notices
All legal notices to BoRo shall be sent via certified mail, nationally recognized overnight courier, or confirmed email to: Aston Ventures Inc., d/b/a BoRo USA, 8 The Green, Ste. 23301, Dover, DE 19901, Attn: Legal Department; or legal@borousa.com. Notices shall be deemed received: (a) upon confirmation of delivery, if sent by certified mail; (b) the next business day, if sent by overnight courier; or (c) upon confirmed receipt, if sent by email.
23.8 Electronic Communications
By using the Platform, you consent to receive electronic communications from BoRo, including notices, agreements, disclosures, and other communications by email or through the Platform. You agree that electronic communications satisfy any legal requirement that such communications be in writing. Your consent to receive text messages is separately governed by Section 14A.
23.9 Mobile Application; Third-Party Platform Terms
Users who access the Platform through Apple App Store or Google Play Store applications acknowledge that additional terms and conditions of those platforms may apply. In the event of a conflict between those terms and these Terms, these Terms shall control with respect to the BoRo Platform and Rental Transactions to the maximum extent permitted by applicable law.
23.10 Headings; Interpretation; No Presumption Against Drafter
Section headings are included for convenience of reference only and shall not affect the interpretation of these Terms. These Terms shall be interpreted in accordance with their plain meaning and not strictly for or against any party. The parties waive any rule of construction that would require ambiguities to be resolved against the drafting party.
23.11 Language
This Agreement is executed in the English language, which shall be the controlling language for all purposes. Translations, if any, are provided for convenience only.
23.12 Survival of Provisions
All provisions which by their nature should survive termination shall survive, including without limitation: payment obligations and financial enforcement rights; BoRo Shield provisions; limitation of liability and disclaimers; indemnification obligations; dispute resolution, arbitration, and governing law provisions; Trust & Safety enforcement rights; and Intellectual Property provisions.
24Enforceability; Risk Allocation; Voluntary Agreement
24.1 Commercial Reasonableness; Voluntary Agreement
The parties acknowledge and agree that these Terms are commercially reasonable, were entered into voluntarily, and reflect a fair and intentional allocation of risk between the parties.
24.2 Opportunity for Independent Review
You represent and warrant that you have had the opportunity to review these Terms in their entirety and, if desired, to consult with independent legal counsel prior to acceptance.
24.3 No Unconscionability
You expressly agree that these Terms shall not be deemed unconscionable, oppressive, or unfairly surprising, and that the limitations, disclaimers, and allocations of risk set forth herein are commercially reasonable under the circumstances.
24.4 Electronic Assent; Legal Effect
Acceptance of these Terms by electronic means, including through click-through acceptance or use of the Platform, shall constitute a legally binding agreement with the same force and effect as a written, signed contract under applicable federal and state law.
25Contact Information
For general support inquiries:
BoRo USA | support@borousa.com
For legal notices, DMCA takedowns, and formal correspondence:
Aston Ventures Inc., a Delaware Corporation, d/b/a BoRo USA
8 The Green, Ste. 23301, Dover, DE 19901
Attn: Legal Department | legal@borousa.com
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