1. ACCOUNTS

1.1 Your Account

You must register and create an account (“Account”) in order to use the Services. When you set up your Account, we will ask you to provide certain Personal Information (as described in the Notice) and select a username and password. You may register by linking your Google® account or Meta® account. You may only have one active Account.

You agree the information you give us has to be accurate and complete and that you are not impersonating anyone else or choosing a name that is offensive or that violate anyone’s rights. You are responsible for updating it as needed to keep it accurate and complete. We may close your Account and terminate your access to the Services if you provide false or misleading information.

You are solely responsible for maintaining the confidentiality of your Account access credentials, and for all activity on your Account (whether or not you authorized it). If you suspect or discover any unauthorized activity on your Account, you agree to notify us immediately using the “Contact Us” information at the end of these Terms.

To sign up for an account, you need to be at least 18 years old, or old enough to form a binding contract where you live. If necessary, we may ask you for proof of age.

Unauthorized reproduction, copying, retransmission or exploitation of the Services, including but not limited to all content and products, is hereby expressly prohibited.

We may suspend, disable, or delete your Account if we determine in our sole discretion that your actions violate the User Agreement or would tend to damage our reputation and goodwill. If we do so, you may not re-register without our express written consent. All provisions of the User Agreement will remain in full force and effect after and notwithstanding any termination of your Account, by us or by you, for any reason.

You must download our software in order to use our Services. You agree that we can download and install updates to the App on the mobile or other device you use to access the Services (your “Device”), and distribute patches, and other fixes to you for you to install.

2. USER CONTENT

You and all other users of the Service retain ownership of their User Content, subject to the license to us detailed below.

Toolio may provide you with a mechanism to provide feedback, suggestions and ideas, if you choose, about its products, services and the Website and App or otherwise be able to post, upload, or submit content to be made available through the services (“User Content”). You agree that Toolio may, in its sole discretion, use the User Content you provide to Toolio in any way, including in future modifications of this Website and App or in other Toolio products or services. You hereby grant Toolio a nonexclusive, perpetual, irrevocable, worldwide, fully-paid, royalty-free, transferable, and sub-licensable license to access, use, host, cache, store, reproduce, publicly transmit, publicly display, publicly perform, publicly publish, publicly distribute, modify and adapt, and create derivative works (either alone or as part of a collective work) from, or otherwise exploit your User Content for any purpose. You also agree that (i) the other users of the services shall have the right to comment on and/or tag User Content and/or to use, publish, display, modify or include a copy of User Content as part of their own use of the Services, and (ii) we have the right to make any of User Content available to third parties, so that those third parties can distribute, make derivative works of, comment on and/or analyze your Content on other media and services (either alone or as part of a collective work).

By posting or submitting User Content through the services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for User Content.

By posting or submitting User Content through the services, you also acknowledge and agree that:

1. Toolio shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any User Content;
2. Toolio is not liable for any error or omissions in any User Content;
3. Toolio shall be entitled to make use of and/or disclose any such Suggestions in any such manner as it sees fit; and
4. Toolio is under no obligation to either compensate or provide any form of reimbursement in any manner or nature

3. RESPONSIBLE USE AND PROPRIETARY RIGHTS

In keeping with our mission to empower DIYers, foster the rental community, and pursue sustainable DIY/reduce tool waste, we expect users to act responsibly when using the Services.

3.1 Compliance With the Law and the User Agreement

When using the Services, you agree to:

• Use the Services only for their intended purpose, as stated in the User Agreement and according to applicable laws, regulations, and standard on-line practices and guidelines.
• Provide accurate and complete information when we ask you to do so in order to use the Services, and update your information as needed to keep it accurate and complete.
• Keep your Account access credentials confidential and not share them with anyone. You are responsible for all activity on and through your Account.
• Not circumvent or try to circumvent the Site’s security, or access or try to access the Services in any way other than through the means we provide.
• Not disrupt, harm, or interfere with, or try to disrupt, harm, or interfere with, the Services and associated networks.
• Respect our property and intellectual property rights, and not try to copy, sell, resell, or trade our intellectual property without our express written permission.
• Use any open communication tools we provide, or to which we link through the Sites, ethically, safely, responsibly, and respectfully. These tools may include message boards, third-party social media services, forums, chat, product and service ratings and reviews, and the like. We may, but are not obligated to, monitor, moderate, pre-approve, or screen user-provided content and communications (“User Content”). Therefore, you understand and agree that it is your responsibility - and only yours - to ensure that the User Content you post, upload, share, distribute, or provide (together, “Contribute”) in any way:
  
  • Is not illegal, threatening, harassing, victimizing, bullying, abusive, intimidating, deceptive, fraudulent, degrading, or otherwise disrespectful of the person or personal rights of others.
  • Is not discriminatory, and does not contain hate speech.
  • Is not defamatory.
  • Does not contain explicit, suggestive, inappropriate, or pornographic language or images.
  • Does not violate another person’s privacy rights or compromise another person’s safety or well-being.
  • Does not violate a contract or legal obligation you owe anyone else.
  • Does not contain confidential or proprietary information.
  • Does not infringe on the property rights of others (for example, does not violate another person’s patent, trademark, copyright, trade secret, or other property or intellectual property right).
  • Does not contain unsolicited or unauthorized advertising of any kind.
  • Does not impersonate another person, business, or other entity, or create a false identity with intent to mislead or deceive.
  • Does not state or imply that you are affiliated with a person, business, or other entity when you are not.
  • Does not request or offer, or solicit anyone else to request or offer, anything that is illegal or that violates our policies, rules, or guidelines as stated in the User Agreement.
• Not use any material or information, including images or photographs, made available through the Site in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Not harm anyone’s computer, device, software, hardware, or equipment (for example, by distributing malware).
• Not transmit or upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of a computer or property;
• Not create a false identity to mislead others, breach any contractual or confidentiality obligations, or violate privacy rights.
• Not abuse others’ personal information or privacy rights, for example by accessing, using, or disclosing personal information for reasons other than the subject intended, or in violation of your institution’s policies and procedures or applicable law.
• Not harass or defame others.

We can, at our sole discretion, remove any User Content that in our judgment violates the User Agreement or otherwise is harmful, objectionable, or illegal. You agree that we may do so, and do not need to notify you or get your consent at any time. You also agree that we are not responsible for any failure to remove, or delay in removing, such User Content.

We ask all Site users to notify us of User Content that violates this User Agreement, using the “Contact Us” information below.

3.2 Our Proprietary Materials and Rights

We, our affiliates, and our third-party licensors retain all rights, title, and interest in our or their materials contained in the Services, including all sound, audio, software, source code, HTML code, scripts, artwork, images, design, graphics, text, and look and feel, and all trademarks, trade names, brand names, trade dress, copyrights, patents, and other intellectual property rights related them (“Proprietary Materials”). Neither the User Agreement nor your use of the Services transfers any right, title, or interest in the Services or Proprietary Materials to you. Any unauthorized copying, alteration, distribution, transmission, display or other use of the Proprietary Materials is prohibited.

Except as provided in these Terms, you may not use, modify, republish, frame, print, display, perform, reproduce, license, transfer, sell, assign, post, transmit, distribute, reverse engineer, create derivative works from, or otherwise exploit any Proprietary Materials, in whole or in part, without our express written permission. You agree not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Services. Unauthorized use of the Services, including use of the Services in violation of the User Agreement, is a material breach of these Terms and may subject you to legal action.

Nothing in these Terms confers any other license or right, express or implied, under any of our intellectual property rights or under any third party's intellectual property rights. We reserve all rights to our Proprietary Materials not expressly granted to you.

We do not assume liability or ownership for User Content that you or any third party Contributes to Sites. If you use our open communication tools to Contribute User Content, you retain ownership of it and can share it with anyone else. You retain copyright and any other rights you already hold in your User Content. However, you agree that if you Contribute User Content that does not violate this User Agreement (including by violating or infringing upon another person’s or entity’s intellectual property rights), you hereby grant us a nonexclusive, perpetual, irrevocable, worldwide, fully-paid, royalty-free, transferable, and sub-licensable license to access, use, host, cache, store, reproduce, publicly transmit, publicly display, publicly perform, publicly publish, publicly distribute, modify and adapt, and create derivative works (either alone or as part of a collective work) from, or otherwise exploit your User Content in any way we choose, without payment and without any further notice to or consent from you.

You acknowledge and agree that Toolio is under no obligation to:

• keep your User Content confidential;
• use or implement your User Content; or
• compensate or reimburse you in any way related to your User Content.

4. OUR ROLE

You understand and agree:

4.1 We Are Not Responsible for Your Use of the Rental Tools. We do not provide training or instructions on how to properly use the tools provided on the Services. We do not assume any responsibility or liability for your use of the tools. You are fully responsible for your use of the tools. Our only role is to provide a platform for users of the Services to search for and rent tools to complete home improvement projects.

4.2 We Do Not Screen, Endorse, or Approve, and Are Not Responsible For, User Content. We do not screen, endorse, or approve—and undertake no duty to screen, endorse, or approve—User Content, whether for accuracy or completeness, legal or Institutional compliance, or otherwise. Users are solely responsible for ensuring that their User Content (and their Uploading of User Content) is accurate, complete, and complies with their Institution’s policies, procedures, Notice of Privacy Practices (“NPP”), and applicable law. We are not responsible for the substantive content of User Content, or any violation of law or an Institution’s policies, procedures, or NPP resulting from users’ use and disclosure of User Content. Questions about whether your use and/or disclosure of User Content complies with the law or with your Institution’s policies, procedures or NPPs should be directed to your Institution: we cannot and will not advise you on these issues. You assume all risk associated with the substantive content and your use and disclosure of your own User Content, and your use and disclosure of other users’ User Content. All opinions, advice, statements, judgments, services, offers, or other information that constitute part of the User Content are those of the respective authors, and not of Toolio or its affiliates or any of their officers, directors, employees, or agents.

BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT AND ALL NECESSARY AUTHORIZATIONS AND PERMISSIONS TO USE AND DISCLOSE THE USER CONTENT YOU CHOOSE TO UPLOAD, AND THAT YOU ARE UPLOADING IT ONLY FOR LEGAL AND AUTHORIZED PURPOSES THAT DO NOT VIOLATE THE USER AGREEMENT. YOU UNDERSTAND THAT TOOLIO CANNOT CONTROL THE ACTIONS OF USERS YOU INVITE TO COLLABORATE, AND THAT WE ARE NOT RESPONSIBLE IF AN INVITED COLLABORATOR USES OR DISCLOSES YOUR USER CONTENT IN VIOLATION OF YOUR INSTITUTION’S POLICIES AND PROCEDURES, OR APPLICABLE LAW.

4.3 We Do Not Screen, Endorse, or Approve, and Are Not Responsible For, Third-Party Content. As part of your DIY journey, we may provide links to other resources (such as websites, mobile applications, etc.). The links are provided for your convenience only, the inclusion of which does not amount to or imply any endorsement or warranty of the material on such sites or any association with their owners or operators. We do not screen, endorse, or approve—and undertake no duty to screen, endorse, or approve—Third party Content, whether for accuracy or completeness, legal compliance, or otherwise. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties. You should carefully review the legal statements and other conditions of use of any resource which you access through a link in the Sites. Any concerns or questions related to third-party websites should be directed to the webmaster or other appropriate contact person for such third party: we cannot and will not advise you on these issues. Third-party trademarks, trade names, logos, product or services names contained on the Sites are the trademarks, registered or unregistered, of their respective owners.

4.4 We May Remove User Content, or Terminate Accounts, at Our Discretion. We have the right, but not the duty (and we do not assume the duty) to investigate and/or remove User Content that violates the User Agreement. We also have the right to terminate your Account—and therefore your access to the Services—for any reason or no reason, including without limitation, any violation of the User Agreement. We may exercise these rights at any time, without notice to or agreement by you, and without liability to you or any third party.

5. PAYMENT TERMS

5.1 Payment

a) Credit card payment processing services for purchases on our Sites are provided by Stripe, Inc. ("Stripe"), and are subject to the Stripe Connected Account TOU, which includes the Stripe Terms of Service (collectively, the "Stripe Services TOU"). You agree to be bound by the Stripe Services TOU, as may be modified by Stripe from time to time. In return for and as a condition of receiving credit card payment processing services through Stripe, you agree to provide accurate and complete payment-related information, and you authorize us to share any such information—as well as transaction information related to your use of the Stripe payment processing services—with Stripe. Standard credit card or other third-party processing fees apply in addition to any platform fees. We are not responsible for the performance of any third-party credit card processing or third-party payment service.