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. SECTION 19 CONTAINS AN AGREEMENT TO ARBITRATE AND A WAIVER OF CLASS ACTIONS AND OF TRIAL BY JURY.
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. This Agreement governs all interactions upon the Platform, including all Rental Transactions conducted between Lenders and Borrowers.
Notice of Changes in Version 3.1
This Version 3.1 amends and restates Version 3.0. It makes the following substantive changes. This notice is descriptive only; the operative text is set out in the Sections that follow.
Verification is mandatory. Section 3.4 requires every User to complete identity verification before booking, listing, or receiving funds. Section 16.2 is redrafted to state what that verification establishes and what it does not.
Payment account onboarding. New Section 3.5 requires a Lender to complete Stripe onboarding before accepting a booking, and a Borrower only where funds become payable to that Borrower.
Processing cost. New Section 9.2A provides that every amount authorized or captured is grossed up to include the card processing cost, so that the recipient receives the stated amount in full and BoRo absorbs nothing.
The Commitment Hold releases upon mutual presence. Section 9.6A(c) releases both Commitment Holds automatically when both devices are recorded within the Exchange Point, before the Payment Gate, unconditionally and finally. The confirmation window now closes twenty-four hours before the exchange.
Cancellation tiers. Section 9A.2 is redrafted so that the first tier reads twenty-four hours or more, closing a gap at exactly twenty-four hours, and so that the tiers apply to the defaulting party rather than only to a cancelling party.
Expiry of the Inspection Session. Section 7A.4 distinguishes expiry inside the Exchange Point, which terminates the session and charges nobody, from expiry outside it, which constitutes acceptance.
Condition record at handover. New Section 6.10 requires the Lender to photograph the Item before the Pairing Scan and requires that record to be displayed to the Borrower before acceptance. Section 10.6 is redrafted accordingly.
Failure of the Lender to attend a return. New Section 7A.10 states the two-hour window, BoRo collection, release of the Borrower, and the charges falling upon the Lender.
Unauthorized removal. New Section 7A.12 states the ninety-second warning period and a single remedy in both lanes.
Lane A coverage. Section 10.2 is corrected so that coverage in Lane A is capped at the declared Item Value rather than at a deposit that is never collected in that lane.
Amounts credited are amounts collected. New Section 9.10 provides that BoRo credits only what BoRo has collected, and guarantees no amount.
Transfer of possession. Sections 7.6 and 8.7 are corrected to remove the former permission to transfer possession with the Lender’s written consent, which conflicted with Section 7.1.
Reviews and profile measures. Section 15A is restated. Reviews publish when both are in or at thirty days. A completion measure is defined, and a Borrower who declines an Item is not disadvantaged by it.
Support Hours. Support Hours are defined in Section 1 and stated throughout, so that every period in favour of a User is computed from the time a report is raised.
Launch Area. The Launch Area is defined by a published list of ZIP codes. Any map or drive time shown upon the website is illustrative only.
Try Now. New Section 10.14 states that the flow is free, reserves the right to charge upon thirty days’ notice, and permits enforcement against misuse.
Coordinated filings. New Section 19.6 provides for batching and bellwether arbitrations.
Incorporated documents. References to a separate BoRo Shield Policy, Refund Policy, Eko Program Terms, and Community Guidelines are removed, those matters being set out in full in these Terms.
1Definitions
For purposes of this Agreement, the following capitalized terms have the meanings set out below.
“Agreement” or “Terms” means these Terms of Service, together with the Privacy Policy and any Hub Partner Agreement, each of which is incorporated herein by reference.
“BoRo Eko” means BoRo’s referral program, under which an eligible participant earns a commission equal to six percent (6%) of BoRo’s earned Platform Fee attributable to transactions by a referred User, for twelve (12) months following that User’s completion of account registration.
“BoRo Recovery Service” means the paid Item retrieval service available under Section 7.4, charged at a base fee of twenty-five dollars ($25.00) plus seventy-five cents ($0.75) per mile from the designated return location, counted one way, together with the applicable Processing Cost.
“BoRo Shield” means BoRo’s contractual, deposit-based protection mechanism governed by Section 10. BoRo Shield is not insurance, and is subject to the caps set out in Section 10.2.
“BoRo Wallet” means the balance held for a User by Stripe within that User’s Stripe Connect account, from which the User may initiate payout to the User’s own bank account or debit card. BoRo does not hold, custody, or control any BoRo Wallet balance. Payout timing and any charge for expedited payout are set by Stripe, and BoRo receives no part of any such charge.
“Borrower” means a User who rents an Item from a Lender through the Platform.
“Commitment Hold” means the authorization hold placed upon the payment card of each of the Lender and the Borrower in advance of a scheduled exchange, in the amount and upon the terms set out in Section 9.6A, for the purpose of securing the attendance of both parties at that exchange. A Commitment Hold is not a payment, a fee, or a deposit against damage, and BoRo retains no part of any Commitment Hold that is captured.
“Dispute” means any claim, controversy, or disagreement arising out of or relating to this Agreement, the Platform, or any Rental Transaction.
“Effective Date” means the date stated upon the first page of this Agreement, being the date from which this Agreement governs the Platform.
“Enforcement Action” means any action taken by BoRo in response to User Conduct, including suspension, termination, payment adjustment, restriction, account limitation, the recording of a Strike, or legal proceedings.
“Exchange Point” means the bounded area of approximately one hundred (100) feet around the location agreed between the Lender and the Borrower under Section 7A.2, within which the Pairing Scan and the Return Scan operate and within which evidence as to the appearance of an Item must be captured.
“High-Risk Item” means any Item restricted under Category H or designated Tier 2 under Section 8, and any other Item designated by BoRo as posing an elevated risk of bodily injury or third-party property damage. An Item expressly stated to be PERMITTED in a schedule under Section 8 is not a High-Risk Item by reason of the subcategory in which it appears.
“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.
“Inspection Session” means the period of forty-five (45) minutes commencing upon the Pairing Scan, within which the Borrower must accept, accept with condition, reject, or report a functional failure in respect of an Item.
“Item” means any tangible personal property listed for rent on the Platform by a Lender, subject to the restrictions set out in Section 8.
“Item Value” means the fair market value of an Item in its actual condition at the time of listing, as declared by the Lender, subject to the Maximum Eligible Item Value set out in Section 10.2. Item Value is not the price the Lender paid for the Item, and is not the cost of acquiring a new Item of the same description.
“Launch Area” means the geographic area within which the Platform operates, being the ZIP codes published by BoRo from time to time upon the Platform. The Launch Area is defined by that published list of ZIP codes and by no other measure. Any map, drive time, or ring depicted upon the BoRo website is illustrative only and does not define the Launch Area.
“Legitimate and Verifiable Evidence” means original, unaltered photographs, video, or other media captured by the submitting User’s own device by live camera at the time and location represented, free from any artificial intelligence generation, modification, enhancement, or manipulation.
“Lender” means a User who lists one or more Items on the Platform for rental by other Users.
“Listing” means any representation of an Item made available through the Platform, including descriptions, photographs, pricing, and availability.
“Pairing Scan” means the scan by the Borrower of a code displayed upon the Lender’s device, both devices being within the Exchange Point, by which a session commences under Section 7A.4.
“Payment Gate” means the step at which the Borrower completes the authorizations required by Section 10.12, and without which the Pairing Scan does not become available.
“Payment Providers” means third-party payment processors, including Stripe, Inc., together with associated financial institutions and service providers.
“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 Fee” means the service fee charged by BoRo, being (a) seven percent (7%) of the Rental Fee charged to the Borrower, and (b) three percent (3%) of the Rental Fee deducted from the Lender’s disbursement, resulting in blended platform revenue of ten percent (10%) of each Rental Transaction.
“Platform Records” means all data generated, stored, or processed by BoRo, including timestamps, system logs, communications, geolocation data, images, device data, behavioral analytics, and transactional records.
“Private Sale” means any sale, purchase, exchange, barter, gift, or other transfer of ownership of an Item between Users that is initiated, discussed, negotiated, or arranged in connection with a Sale Interest Flag. Every Private Sale is a transaction between Users occurring wholly outside the Platform.
“Processing Cost” means the card processing charge levied by the Payment Providers upon a given authorization or capture.
“Prospective Purchaser” means any User who communicates with a Lender concerning a Private Sale.
“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.
“Rental Transaction” means any rental arrangement facilitated through the Platform between a Lender and a Borrower, including the listing, booking, payment, use, and return of an Item.
“Return Scan” means the scan by the Lender of a code displayed upon the Borrower’s device, both devices being within the Exchange Point, by which the return of an Item is established under Section 7A.8.
“Sale Interest Flag” means the optional designation a Lender may apply to a Listing indicating that the Lender is open to selling the Item. The Sale Interest Flag is an attribute of a Listing and is not a price, an offer, an invitation to treat, or a commitment to sell.
“Strike” means a record placed against a User’s account under Section 15.10 in respect of conduct that does not warrant immediate suspension.
“Stripe” means Stripe, Inc., BoRo’s third-party payment processing partner, operating under Stripe Connect marketplace architecture.
“Support Hours” means 8:00 a.m. to 10:00 p.m. Eastern Time, seven days a week, being the hours within which BoRo receives and acts upon reports, escalations, and BoRo Shield determinations.
“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 and Safety enforcement mechanisms.
“Third Party” means any person other than a registered BoRo User who is not a party to a Rental Transaction, including bystanders, neighbors, household members, and other individuals who may be affected by the use of a rented Item.
“Trust and Safety Framework” means BoRo’s internal framework for detecting, preventing, and responding to fraud, abuse, unsafe conduct, and violations of these Terms, as described in Section 15.
“User” means any individual who accesses or uses the Platform, including both Lenders and Borrowers.
“User Conduct” means any action, omission, communication, or behavior of a User in connection with the Platform, whether occurring on or off the Platform.
“User Content” means any content, data, text, photographs, Listings, reviews, ratings, or other material submitted, posted, or transmitted by a User through the Platform.
2Acceptance; Binding Agreement; Legal Effect
2.1 Binding Agreement
By accessing, browsing, registering for, or otherwise using the Platform, whether as a guest or a registered User, you acknowledge, represent, and warrant that you have read, understood, and agree to be legally bound by these Terms.
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, and (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.
2.3 Electronic Assent
Your access to or use of the Platform constitutes your electronic acceptance of these Terms, and such acceptance has the same force and effect as a handwritten signature for all purposes, including enforceability under 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 constitutes 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
Access to and use of the Platform is limited to individuals who are at least eighteen (18) years of age. By accessing or using the Platform, each User represents and warrants that such User is at least eighteen (18) years of age and possesses the full legal capacity, authority, and competence to enter into these Terms.
THE PLATFORM IS NOT DIRECTED TO, AND MAY NOT BE USED BY, ANY PERSON UNDER THE AGE OF EIGHTEEN (18). BORO DOES NOT KNOWINGLY COLLECT PERSONAL INFORMATION FROM ANY PERSON UNDER EIGHTEEN (18). WHERE BORO BECOMES AWARE THAT A USER IS UNDER EIGHTEEN (18), BORO WILL TERMINATE THAT ACCOUNT AND DELETE THE ASSOCIATED DATA WITHOUT NOTICE.
3.2 No Access by Minors
No individual under the age of eighteen (18) may access or use the Platform, whether independently, under the supervision of a parent or legal guardian, through an account held by another person, or upon any other footing. No parental or guardian consent mechanism is offered, and no such consent renders a minor eligible.
A User may not permit any person under the age of eighteen (18) to access the Platform through that User’s account, to conduct or participate in a Rental Transaction, to attend an exchange in that User’s place, or to take possession of an Item as Borrower.
Any credible indication that a User is under the age of eighteen (18), including a statement made by that User in Platform communications, constitutes grounds for immediate Enforcement Action under Section 3.8.
3.3 Account Registration and Responsibility
Each User is solely responsible for (a) all activity 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 [email protected] of any suspected unauthorized access.
3.4 Identity Verification
Identity verification is mandatory. Before a User may book an Item, publish a Listing, or receive any disbursement, that User shall complete identity verification through BoRo’s verification provider, comprising (a) government-issued photographic identification, (b) a liveness check confirming that the person presenting the identification is the person depicted upon it, and (c) a valid payment card. The categories of document accepted are those supported by BoRo’s verification provider and are displayed to the User at registration.
BoRo may require re-verification at any time, in its sole discretion exercised reasonably and in good faith. Failure or refusal to complete verification or re-verification prevents the User from booking, listing, or receiving disbursements, and may result in Enforcement Action.
3.5 Payment Account Onboarding
A User who is to receive funds through the Platform shall complete onboarding with Stripe, comprising identity verification and the nomination of a payout method. A Lender shall complete that onboarding before accepting a booking. A Lender may create and publish a Listing without having completed it.
A Borrower is not required to complete Stripe onboarding in order to book or to rent. Where a Borrower becomes entitled to receive funds under Section 9A, that Borrower shall be prompted to complete Stripe onboarding at that time, and may nominate as a payout method the payment card already held upon the account, where Stripe permits it.
3.6 Electronic Mail Verification
BoRo may require a User to confirm control of the electronic mail address associated with an account by following a single-use link sent to that address. An account whose electronic mail address has not been confirmed may be restricted from booking, listing, or receiving disbursements, and is not eligible for the Founding Member Program under Section 12A.
3.7 Device Requirement
The transactional functions of the Platform, including the Pairing Scan, the Inspection Session, the Return Scan, the condition record, and the report function described in Section 7A, operate only within the BoRo mobile application upon a mobile device with location services enabled and available to the application. A User who does not maintain such a device, or who withholds location permission, cannot complete an exchange. The BoRo website supports browsing, booking, and Platform communications only. The report function described in Section 7A.11 is available wherever Platform communications are available, including upon the website.
3.8 Account Enforcement; Suspension; Termination
BoRo may, at any time and in its sole discretion exercised reasonably and in good faith, take any Enforcement Action with respect to any User account, including suspension, termination, restriction, or denial of access, with or without prior notice, except to the extent notice is required by applicable law.
3.9 Accessibility
Where a User is unable, by reason of disability, to complete a step required by these Terms, including the capture of a photograph, that User may request an accommodation through BoRo support. BoRo shall provide a reasonable alternative means of completing that step, and a User who has requested an accommodation shall not be disadvantaged in any determination under Section 10 by reason of the absence of evidence that the accommodation was granted to address.
4Platform Authority; System Logic; Records
4.1 System-Based Operation
The Platform operates through System Logic, including transaction states and status transitions, authorization events and payment triggers, time-based rules and automated actions, and Trust and Safety enforcement mechanisms. Users acknowledge that their interactions with the Platform are governed by such System Logic.
4.2 Platform Records as Evidence
Platform Records constitute authoritative evidence of User Conduct and Platform activity. To the maximum extent permitted by applicable law, (a) Platform Records constitute prima facie evidence of the matters reflected therein, and (b) in the absence of manifest error, Platform Records govern for purposes of enforcement, payment determinations, and Dispute resolution.
4.3 Priority of This Agreement
This Agreement governs the rights and obligations of BoRo and each User. Where the operation or output of System Logic differs from this Agreement, this Agreement governs, and BoRo shall correct the System Logic. No communication between Users, and no external agreement, side arrangement, or understanding between Users, modifies or supersedes this Agreement or the operation of the Platform.
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 a commercially reasonable manner and in good faith. The existence of such standard does not impose any fiduciary duty or heightened duty of care beyond those expressly set out herein.
5Nature of the Platform; Allocation of Responsibility
5.1 Marketplace-Only Technology Platform
BoRo provides a technology platform that enables Users to list, discover, request, and engage in Rental Transactions with one another. BoRo does not, and shall not be deemed to, (a) own, possess, warehouse, store, deliver, or otherwise exercise custody or control over any Item, save where BoRo takes custody under Section 7A.7, Section 7A.10, or Section 10A; (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 responsibility for the acts, omissions, or conduct of any User.
5.2 Interactive Computer Service
BoRo is an interactive computer service provider within the meaning of Section 230 of the Communications Decency Act, 47 U.S.C. § 230. BoRo is not the publisher or speaker of any User Content, Listing, or other information provided by Users. BoRo’s exercise of 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. Nothing in this Section limits or expands the protections available under Section 230, which does not extend to claims arising under federal criminal law, intellectual property law, or any other matter excluded by that statute.
5.3 No Agency; No Partnership
Nothing in these Terms creates any agency, partnership, joint venture, employment, or fiduciary relationship between BoRo and any User, or between any Users. Each User acts solely on such User’s own behalf.
5.4 No Participation in Rental Transactions
BoRo is not a party to any Rental Transaction. All Rental Transactions are entered into directly between the applicable Users. BoRo has no responsibility for (a) the performance, non-performance, or breach of any Rental Transaction, (b) any Dispute arising between Users, or (c) the condition, quality, safety, legality, use, misuse, or fitness of any Item.
5.5 Assumption of Risk
Users acknowledge and assume that all risks arising out of or relating to any Listing, Rental Transaction, or interaction between Users are borne by the Users involved. To the maximum extent permitted by applicable law, BoRo does not assume any risk, liability, or obligation in connection with any Rental Transaction, except as expressly set out in these Terms.
5.6 Payment Processing
All payments on the Platform are processed through Stripe under Stripe Connect marketplace architecture. BoRo collects the Platform Fee and facilitates disbursement of the net Rental Fee to Lenders. 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.
5.7 Launch Area
The Platform operates only within the Launch Area. BoRo may modify the Launch Area at any time by publishing a revised list of ZIP codes. A booking may not be made where neither party is within the Launch Area, and the BoRo Recovery Service is available only within it. A request for dispatch to a location outside the Launch Area is declined, and any dispatch fee charged is refunded in full.
6Lender Obligations and Representations
6.1 Listing Accuracy
Each Lender represents, warrants, and covenants that every Listing is accurate, complete, and not misleading in any respect, including 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
Each Lender represents, warrants, and covenants that each listed Item is in safe, functional, and well-maintained condition at the time of each Rental Transaction; that each Item complies with all applicable federal, State, and local safety standards; that the Lender has disclosed all material defects, limitations, and safety concerns in the Listing prior to booking; that the Lender shall promptly delist any Item that becomes unsafe, defective, or non-compliant; and that each listed Item is, to the best of the 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.
BoRo does not inspect, test, or verify the physical condition or safety compliance of any Item, and has no duty to do so. Sole responsibility for the safety of each listed Item, as against all persons including Users and Third Parties, rests with the Lender. The Lender assumes all liability arising from any bodily injury, death, fire, or property damage caused by the condition, defect, malfunction, or dangerous property of any Item listed by that Lender, whether such harm arises during or after the Rental Transaction period.
6.3 Lender Safety Certification at Listing
At the time of creating any Listing, each Lender must affirmatively complete and submit the Lender Safety Certification through the Platform before the Listing may be published. The Platform shall present the certification set out below, and shall not publish the Listing unless every statement is affirmatively accepted.
*LENDER SAFETY CERTIFICATION — presented at listing*
— I own this Item outright, or I have the express permission of its owner to rent it out, and renting it does
not breach any lease, licence, finance agreement, or law that applies to me.
— This Item is not subject to any manufacturer or government safety recall that I am aware of, and I have
checked where I had reason to think a recall might exist.
— This Item is in safe and working condition. It has no defect, damage, or fault known to me that could
injure a person or damage property — including a person who is not a party to the rental, such as a neighbour, a bystander, or a member of the borrower’s household.
— I have disclosed in the Listing every defect, limitation, missing part, and safety concern I know of, and I
have not concealed or understated the condition of this Item.
— The value I have declared is what this Item is worth today in its actual condition — not what I paid for it
and not the price of a new one. I understand that this figure is the ceiling on what I can ever recover for this Item.
— I have considered whether my own homeowners, renters, or other insurance covers renting my property
out for money, and I accept that it may not, and that BoRo Shield is not insurance and gives me no liability cover.
— I understand that if this Item is restricted under Section 8 of the Terms of Service, listing it costs me my
right to claim against the BoRo Shield or the borrower’s payment method on any affected rental.
I make this certification honestly and on my own knowledge, and I will repeat it at every booking.
6.4 Lender Safety Re-Certification at Booking
At the time of each confirmed booking, each Lender must affirmatively re-confirm the safety certification through the Platform before the Rental Transaction may proceed. The Platform shall present the prompt set out below, and shall not confirm the booking unless it is affirmatively accepted.
*LENDER SAFETY RE-CERTIFICATION — presented at each booking*
— Nothing has changed since I listed this Item. It remains in safe and working condition, and I know of no
defect, damage, or fault that could injure a person or damage property.
— This Item has not been dropped, damaged, repaired, modified, or involved in any incident since my last
rental of it that I have not disclosed.
— I am not aware of any safety recall affecting this Item.
— I will hand this Item over complete, with every part, guard, and accessory shown in the Listing.
— The condition photographs I am about to take show this Item as it truly is right now.
6.5 Ownership and Authority
By listing an Item, each Lender represents and warrants that (a) the Lender is the lawful owner of the Item or has express authorization from the lawful owner to list it for rent, (b) the rental does not violate any lease, licence, contract, or applicable law, and (c) the Lender has full right, power, and authority to enter into Rental Transactions with Borrowers.
6.6 Photography and Media; Licence
By uploading photographs, video, or other media in connection with a Listing, each Lender (a) represents and warrants that the Lender owns or has all necessary rights to such media, (b) grants BoRo a worldwide, non-exclusive, royalty-free, sublicensable licence 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 right.
6.7 Item Valuation
At the time of creating a Listing, the Lender must declare the Item Value. Item Value declarations determine BoRo Shield eligibility and the maximum amount recoverable under Section 10. Lenders represent that Item Value declarations are accurate and made in good faith. BoRo may require supporting documentation, including purchase receipts, comparable market listings, or independent appraisals, to verify an Item Value declaration, and may decline to publish a Listing until such documentation is provided. An inflated or fraudulent Item Value declaration may result in Enforcement Action and forfeiture of BoRo Shield coverage.
6.8 Insurance
By listing an Item, each Lender represents, warrants, and covenants that (a) the Lender has assessed the insurance coverage, if any, applicable to the Item during Rental Transactions, (b) the 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, (c) the Lender assumes sole financial responsibility for any damage, loss, or liability arising in connection with any Item for which the Lender does not maintain adequate insurance, and (d) the Lender shall promptly notify BoRo if any applicable insurance lapses, is cancelled, or is materially changed.
IMPORTANT NOTICE TO LENDERS REGARDING INSURANCE. 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.
6.9 Payout Readiness
A Lender may create and publish a Listing without having completed Stripe onboarding. A Lender may not accept a booking until that onboarding is complete and payouts are enabled upon the Lender’s account.
6.10 Condition Record at Handover
Before the Pairing Scan, the Lender shall photograph the Item by live camera within the Exchange Point. Those photographs form the condition record of the Item at handover, are displayed to the Borrower within the Platform before the Borrower may accept the Item, and are retained in the Platform Records. Photographs captured under this Section are admissible in any determination under Section 10 notwithstanding that they were captured before the Inspection Session commenced.
Where a Lender does not complete the condition record, the Pairing Scan does not become available and no session commences.
6.11 Tax Compliance
Lenders are solely responsible for determining and fulfilling all tax obligations arising from Rental Transactions, including federal, State, and local income taxes. BoRo may issue Internal Revenue Service Form 1099-K or other required tax reporting forms in accordance with applicable law.
7Borrower Obligations and Representations
7.1 Intended Use; No Transfer of Possession
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 law.
The Borrower is the only person who may take or hold possession of an Item. A Borrower may not transfer possession of an Item to any other person, may not permit any other person to take delivery of or return an Item, and may not assign, sub-let, or otherwise pass on the benefit of a booking. This prohibition applies notwithstanding any consent, written or otherwise, given by the Lender. Assistance in carrying or moving an Item does not constitute a transfer of possession.
7.2 Condition at Return; Assumption of Liability
Each Borrower agrees that (a) the Borrower shall return each Item in accordance with the applicable Rental Transaction terms, including timing, condition, and agreed procedures, and (b) the Borrower assumes responsibility for any damage, loss, destruction, theft, or misuse of any Item occurring during the period of the Borrower’s possession or control, regardless of fault, except to the extent caused by a pre-existing defect disclosed in the Listing or recorded under Section 7A.5.
7.3 Geolocation and Device Verification
Borrowers consent to BoRo’s dual-party geolocation verification protocol at the time of Item pickup and return. Failure to complete verification may prevent confirmation of a Rental Transaction and may affect eligibility in a Dispute.
7.4 Late Return
Each Item must be returned within the scheduled return timeframe. An Item is deemed late immediately upon expiration of the applicable return window. The following applies.
Option 1 — Self-Coordination. The Borrower and Lender may agree a new return time within a nine (9) hour window following the original scheduled return time. Both parties must confirm the extension through the Platform. No additional charge applies.
Option 2 — BoRo Recovery Dispatch. Where the Borrower has not returned the Item by the end of the nine (9) hour self-coordination window, BoRo may dispatch its recovery service to retrieve the Item. The Borrower shall be charged a base fee of twenty-five dollars ($25.00) plus seventy-five cents ($0.75) per mile from the designated return location, counted one way, together with the applicable Processing Cost. The total is displayed to the Borrower before dispatch is confirmed. A Lender may not invoke BoRo Recovery Dispatch before the nine (9) hour window has expired.
Where a late return is not resolved within a reasonable period, BoRo may (a) classify the Item as a total loss, (b) capture the BoRo Shield in full or charge the saved payment method up to the declared Item Value, and (c) take further Enforcement Action. Repeated late returns may result in suspension or 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, or (d) in a manner inconsistent with the Item category restrictions set out in Section 8.
BoRo does not enquire into the purpose for which a Borrower intends to use an Item and neither screens nor restricts that purpose, save as provided in these Terms. Each User remains responsible for that User’s own regulatory, licensing, and insurance position.
7.6 Borrower Acknowledgment at Booking
At the time of each booking, each Borrower must affirmatively complete and submit the Borrower Rental Acknowledgment through the Platform before the Rental Transaction may be confirmed. The Platform shall present the acknowledgment set out below, and shall not confirm the booking unless it is affirmatively accepted.
*BORROWER RENTAL ACKNOWLEDGMENT — presented at each booking*
— This Item belongs to a neighbour, not to BoRo. BoRo has not inspected it, tested it, or certified that it is
safe. I am relying on the owner’s description and on my own inspection at handover.
— I have forty-five (45) minutes from the Pairing Scan to check this Item over and test that it works. If I am
not satisfied and I am still at the meeting point, I can decline and pay nothing.
— I am the only person who may hold this Item. I cannot pass it to anyone else, and I cannot send anyone
else to collect it or return it, even if the owner says it is fine.
— I am responsible for this Item while it is in my possession — for damage, loss, and theft — regardless of
fault, up to the value the owner declared.
— If this Item can cause injury, I accept that using it is my own risk and the risk of anyone I allow near it,
and that I am responsible for using it safely and lawfully.
— I will return this Item on time, complete, and in the condition I received it.
Where an Item is designated Tier 2 under Section 8.6, the Platform shall additionally present a category-specific acknowledgment, distinct from and in addition to the acknowledgment set out above.
7AThe Exchange
7A.1 Application
This Section governs every exchange of an Item between a Lender and a Borrower, whether at the commencement of a Rental Transaction, at the conclusion of one, or upon an inspection that does not result in a rental. Where this Section and any other provision of these Terms differ as to the mechanics of an exchange, this Section governs.
7A.2 The Exchange Point
The Lender and the Borrower agree the location of an exchange through Platform communications before the scheduled time. The Platform proposes public locations, but the choice belongs to the Users. A User who proposes or accepts a residential address accepts that the address is thereby disclosed to the other party, and the Platform shall display a conspicuous notice to that effect before the address is shared.
Upon confirmation of a location, the Platform establishes the Exchange Point. The Exchange Point governs the release of the Commitment Holds, the availability of the Pairing Scan, the availability of the outcomes described in Section 7A.5, and the admissibility of condition evidence under Section 10.5.
7A.3 The Payment Gate
Before the Pairing Scan becomes available, the Borrower must complete the authorizations required for the applicable flow, as set out in Section 10.12. Where an authorization is declined, Section 10.13 applies.
7A.4 The Pairing Scan; Expiry of the Inspection Session
A session commences upon the Pairing Scan. Upon the Pairing Scan (a) the BoRo Shield takes effect, and (b) the Inspection Session of forty-five (45) minutes commences. The Commitment Holds are released earlier, upon mutual presence, in accordance with Section 9.6A(c).
The Inspection Session does not pause and is not extended, save as provided in Section 7A.9.
The consequence of the expiry of the Inspection Session depends upon the location of the Borrower at that moment.
(a) Inside the Exchange Point. Expiry terminates the session. The Item is not accepted, no Rental Transaction commences, the Rental Fee is not captured, and every authorization placed at the Payment Gate is released in full. The Borrower shall hand the Item back to the Lender, and the return is established by the Return Scan under Section 7A.8. Neither party is charged.
(b) Outside the Exchange Point. Where the Borrower has departed the Exchange Point with the Item under Section 7A.6, expiry constitutes acceptance. The Rental Fee, having been authorized at the Payment Gate, is captured and the Rental Transaction commences. The outcome of Rejection is not available and shall not be rendered by the Platform.
Where the Borrower departs the Exchange Point with the Item after expiry without completing the Return Scan, the removal is unauthorized and Section 7A.12 applies.
7A.5 Outcomes Available to the Borrower
While the Borrower remains within the Exchange Point, three outcomes are available.
Accept. The Borrower accepts the Item as presented. The Rental Fee is captured and the Rental Transaction commences.
Accept with Condition. The Borrower accepts the Item and records, by photograph taken by live camera within the Exchange Point, a mark, defect, or discrepancy present at handover. An Item condition so recorded may not thereafter be attributed to the Borrower, and no BoRo Shield determination may be made against the Borrower in respect of it.
Reject. The Borrower declines the Item upon either of two grounds: that the Item is not as described in the Listing, or that the Item is not in the condition shown in the record made under Section 6.10. A rejection gives rise to no charge to either party. The Rental Fee is not captured and every authorization placed at the Payment Gate is released in full. Where the Borrower has taken the Item in hand, the return is established by the Return Scan under Section 7A.8; where the Borrower has not, no Return Scan is required.
A rejection does not count against the Borrower in any measure of completion published upon a profile under Section 15A.6.
7A.6 Departure from the Exchange Point
A Lender may permit off-site inspection by enabling that setting upon a Listing. Where the setting is enabled, the Borrower may leave the Exchange Point with the Item during the Inspection Session in order to test it. Where it is not enabled, the Item may not be removed and Section 7A.12 applies to any removal.
Upon the Borrower’s departure from the Exchange Point with the Item, the outcome of Rejection ceases to be available and does not revive. From that point the Borrower may only accept the Item or report that it does not function. The Inspection Session continues to run during any such departure, and travel time is counted within it.
Where the Borrower has not authorized the Rental Fee, the Item may not be removed from the Exchange Point, and off-site inspection is not available irrespective of the Listing setting.
7A.7 Reporting a Functional Failure
A Borrower who, having taken the Item, finds that it does not function may report that failure within the Inspection Session. A report suspends the Rental Transaction and notifies the Lender, who shall retrieve the Item within two (2) hours. Where the Lender does not retrieve the Item within that period, BoRo may collect it during Support Hours, and Section 10A applies to any Item so collected. The period of two (2) hours under this Section runs from the notification sent to the Lender, whether by push notification or by text message, and not from the submission of the Borrower's report.
A report under this Section may be made only in respect of a failure of the Item to function. It may not be made in respect of appearance, wear, or the Item being other than as expected. A consumable that has been used up is not a functional failure and is not reportable.
7A.8 The Return Scan
An Item is returned by a scan, by the Lender, of a code displayed upon the Borrower’s device while both devices are within the Exchange Point. Neither party is required to hand a device to the other.
The Return Scan applies to the conclusion of a Rental Transaction, to a Borrower’s departure following an inspection that did not result in a rental, to a rejection under Section 7A.5 where the Borrower has taken the Item in hand, and to the expiry of an Inspection Session inside the Exchange Point under Section 7A.4(a). The Return Scan commences the Lender’s period of forty-five (45) minutes under Section 10.5.
Where the Lender does not complete the Return Scan within fifteen (15) minutes of the Borrower having tendered the Item and initiated the return, the Borrower may refer the matter to BoRo, which shall determine the return and release the BoRo Shield. Where the referral is made outside Support Hours, BoRo shall act upon it at the commencement of the next Support Hours, and the BoRo Shield is released with effect from the time of referral. A Lender’s repeated failure to complete a Return Scan is User Conduct for the purposes of Section 15 and may result in a Strike.
7A.9 Exceptions
Device failure. Where the device of either party cannot complete a required scan, and that party’s presence within the Exchange Point has not been recorded, the exchange does not occur and that party is treated as having failed to appear for the purposes of Section 9A.2. The Platform Records must show which party failed to appear; a record that a scan failed, without more, does not support a capture.
Signal failure. Where a scan cannot be completed by reason of network or location-signal conditions, the Platform may permit the party to submit a photograph of the surroundings captured by live camera, following which the scan becomes available. A submission under this paragraph is reviewed by BoRo during Support Hours and is recorded in the Platform Records.
Platform outage. Where an Inspection Session or a period under Section 10.5 is interrupted by an outage of the Platform, that session is void and a fresh period of forty-five (45) minutes commences upon restoration. This paragraph applies only to an outage affecting the Platform generally, as recorded in BoRo’s system logs, and does not apply to a User’s own connectivity, device, or battery.
Location unavailable. Where the agreed location cannot be reached by either party, the report function described in Section 7A.11 applies before the scheduled time passes. The opening hours of any business at or near the agreed location are irrelevant, exchanges occurring outside at the street-facing map pin.
7A.10 Failure of the Lender to Attend the Return
Where a Lender does not attend at the agreed time and place to receive an Item at the conclusion of a Rental Transaction, the Borrower may report that failure through the Platform. The Rental Transaction is suspended and the Lender shall attend within two (2) hours. The period of two (2) hours under this Section runs from the notification sent to the Lender, whether by push notification or by text message, and not from the submission of the Borrower's report.
Where the Lender does not attend within that period, BoRo may collect the Item from the Borrower during Support Hours. Upon collection the Borrower is released from further obligation in respect of the Item and the BoRo Shield is released in full.
BoRo shall record the condition of the Item upon collection, and that record stands in place of the Lender’s period under Section 10.5. A Lender who does not attend forfeits the right to report the appearance of an Item in respect of that exchange.
The Lender shall bear a dispatch charge of twenty-five dollars ($25.00) plus seventy-five cents ($0.75) per mile from the agreed location, counted one way, together with the applicable Processing Cost, and storage under Section 10A.2. Section 10A applies to any Item so collected. A Lender’s failure to attend is User Conduct for the purposes of Section 15.
7A.11 The Report Function
A report function is available to both parties within Platform communications for the duration of a booking and any resulting Rental Transaction, and is available wherever those communications are available, including upon the website. A report raises an alert to BoRo. BoRo receives and acts upon reports during Support Hours. A report raised outside Support Hours is acted upon at the commencement of the next Support Hours, and any period running in favour of the reporting party is computed from the time the report was raised.
7A.12 Unauthorized Removal
Where a Borrower removes an Item from the Exchange Point in circumstances in which removal is not permitted by this Section, the Platform shall display a conspicuous warning and shall allow the Borrower one hundred eighty (180) seconds within which to return to the Exchange Point. Where the Borrower has not returned within that period, the session terminates and the Borrower is charged up to the Item Value declared by the Lender, together with the applicable Processing Cost, by capture of the BoRo Shield where one has been authorized and otherwise by charge to the saved payment method under Section 10.11. A second removal within the same session terminates the session immediately without a further warning period. For the purposes of this Section, an Item is deemed to be removed from the Exchange Point where the Borrower's device records the Item continuously outside the Exchange Point for thirty (30) seconds. The warning required by this Section is displayed upon that deemed removal, and the period of one hundred eighty (180) seconds runs from it. Where a second removal occurs within the same session, the Item is deemed to be removed upon the first reading recorded outside the Exchange Point, and no warning period arises.
7A.13 Disagreement at the Exchange
Where the parties disagree at an exchange as to the condition of an Item, each may submit that party’s own photographs and that party’s own written assessment through the Platform within the applicable period under Section 10.5. Neither party is required to reach agreement with the other. BoRo determines the matter afterwards in accordance with Section 10.6.
7A.14 Reservation Without Rental
A Borrower who has inspected an Item and does not wish to rent it immediately may request a reservation of that Item for a future date. A reservation request is subject to acceptance by the Lender and, upon acceptance, creates a new booking governed by these Terms in the ordinary way. A reservation confers no right to the Item before that booking is confirmed, and no Commitment Hold, Rental Fee, or BoRo Shield arises upon the request itself.
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. Restrictions are organized in four tiers: Categories A through G (permanent), Category H (pilot-period), Category I (permanent, life-safety), and Tier 2 (not available at launch). These restrictions apply identically to rental Listings and to any Listing bearing a Sale Interest Flag.
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, 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 Rental Transaction; liability for any dispatch, recovery, storage, or custody cost BoRo incurs; and suspension or termination upon repetition.
For the avoidance of doubt, the BoRo Shield is an authorization hold upon the Borrower’s payment instrument. Nothing in this Section 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 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.
| 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 and Registered Vehicles | Titled or registered motor vehicles; commercial vehicles; aircraft and watercraft requiring operator licensure or vessel registration; and any motorized vehicle which, in the State in which it is to be used, requires registration, titling, or operator licensure. |
| 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, security interest, or unpaid finance agreement; 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 may lift any Category H restriction in a subsequent version of these Terms. Three principles govern the schedule.
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*
| PROHIBITED | Chainsaws (gas, electric or battery); table saws; wet tile saws; wood chippers and brush chippers. |
| NOT AVAILABLE AT LAUNCH (Tier 2) | Miter saws; circular saws; nail guns and pneumatic fastening tools. |
| PERMITTED | Reciprocating saws; angle grinders and disc cutters; jackhammers and demolition hammers; wood routers; manual tile cutters and hand tools without a powered cutting element. |
A wet tile saw is restricted upon the same basis as a table saw. In each the blade is fixed and the material is advanced past it by hand, so the operator’s hands travel toward the cutting element in the ordinary course of use rather than in an accident.
*8.4.2 H-2 Outdoor Power Equipment*
| PROHIBITED | Riding mowers; pole saws (gas or electric); stump grinders. |
| PERMITTED | Push mowers; leaf blowers and backpack blowers; hedge trimmers; tillers and cultivators. |
*8.4.3 H-3 Heating, Flame and Combustion*
| PROHIBITED | Outdoor burners, turkey fryers and crawfish boilers; portable propane and kerosene heaters; welding equipment, blowtorches and plasma cutters; commercial deep fryers. |
| NOT AVAILABLE AT LAUNCH (Tier 2) | Propane and portable gas grills. |
| PERMITTED | Charcoal grills; fire pits, chimineas and outdoor fireplaces; residential countertop deep fryers; camp stoves using a sealed manufacturer fuel canister; chafing dishes and buffet warming equipment, fuel not supplied. |
A Lender listing chafing or buffet warming equipment shall not supply chafing fuel, gel fuel, or any other combustible with the Item, and shall state in the Listing that fuel is not supplied.
CARBON MONOXIDE WARNING. CHARCOAL GRILLS, FIRE PITS, CHIMINEAS AND CAMP STOVES PRODUCE CARBON MONOXIDE, WHICH IS COLOURLESS, ODOURLESS AND CAN KILL. THEY MUST BE USED OUTDOORS ONLY. THEY MUST NEVER BE USED, OR LEFT TO COOL, INSIDE A HOUSE, GARAGE, TENT, CAMPER, PORCH OR ANY ENCLOSED OR
PARTIALLY ENCLOSED SPACE. THE PLATFORM SHALL PRESENT THIS WARNING TO THE BORROWER AT BOOKING OF ANY SUCH ITEM.
*8.4.4 H-4 Pressurized and High-Force Equipment*
| PERMITTED | Pressure washers of all types, electric and gas-powered, at any pressure rating; air compressors, all portable units; pneumatic tools including impact wrenches, ratchets, die grinders and blow guns; airless paint sprayers and spray equipment. |
HIGH-PRESSURE EQUIPMENT — NOTICE TO USERS. 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.
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*
| PROHIBITED | All-terrain vehicles, utility vehicles and off-road motorcycles; go-karts and motorized recreational carts; gas-powered scooters and mopeds; electric scooters capable of 20 mph or more; Class 3 electric bicycles (assisted to 28 mph); motorized boats and personal watercraft. |
| PERMITTED | Electric scooters capable of less than 20 mph; Class 1 and Class 2 electric bicycles (assisted to 20 mph); hoverboards and self-balancing boards. |
Where any Item in this subcategory requires registration, titling, or operator licensure in the State in which it is to be used, it is additionally restricted under Category D, and a subsequent amendment to this subcategory does not lift that restriction.
Basis of distinction. Hoverboards and electric bicycles carry lithium batteries with a documented fire history, and BoRo permits them while restricting portable propane and kerosene heaters. The distinction is the nature of the hazard rather than its severity. A combustion heater consumes oxygen and emits carbon monoxide, which 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. 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*
| PROHIBITED | Scaffolding systems of any height; roof jacks and roof brackets; aerial work platforms and boom lifts; trampolines. |
| PERMITTED | Ladders, step and extension, any height; bounce houses and inflatable play structures. |
Basis of distinction. A trampoline is erected as a semi-permanent structure and is thereafter used over weeks or months, commonly by children without an adult present. An inflatable structure is erected for a single
supervised event, 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*
| PROHIBITED | Extension cords of every description; portable generators, gasoline or propane. |
| NOT AVAILABLE AT LAUNCH (Tier 2) | Electric space heaters and portable baseboard heaters. |
Extension cords are restricted as a class. A threshold expressed by amperage rating is not workable, a higher rating denoting a heavier conductor and therefore a safer cord, so that any such threshold would restrict the safer article and permit the more dangerous one.
*8.4.8 H-8 Children’s Furniture and Protective Padding*
| PROHIBITED | Drop-side cribs. |
| PERMITTED | Cribs, bassinets, play yards and bed rails other than drop-side cribs; high chairs; infant bouncers, rockers and swings; impact and protective sports padding. |
Drop-side cribs were the subject of a federal rule prohibiting their manufacture, sale, resale and distribution in the United States. Their restriction is 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*
| NOT AVAILABLE AT LAUNCH (Tier 2) | Unmanned aircraft with a takeoff weight of 250 grams or more. |
| PERMITTED | Unmanned aircraft with a takeoff weight below 250 grams. |
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, or its safe use depends upon a regulatory or clinical control BoRo cannot verify, and the event that destroys that function leaves no trace detectable by inspection or photograph.
| PROHIBITED | Child restraint systems, being car seats, booster seats and infant carriers; helmets of every description, including bicycle, motorcycle, sport and climbing; life jackets and personal flotation devices, both inherently |
buoyant and inflatable; fall-protection harnesses, ropes, lanyards and climbing hardware; prescription and airway medical devices, including CPAP machines and nebulizers; mobility scooters; breast pumps and associated milk-path components.
Basis of the category. 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. A peer Lender may in good faith be unaware of an event that destroyed the Item’s protective function, and an attestation that cannot be verified is worse than a restriction because it manufactures assurance that does not exist.
Prescription and airway 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. Breast pumps are restricted upon the same footing, the flanges, tubing, valves and collection components forming a milk path in direct contact with an infant’s food supply which cannot be sanitized to any verifiable standard between households.
8.6 Tier 2 — Not Available at Launch
An Item designated Tier 2 may not be listed. 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.
| 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. |
| Borrower acknowledgment | An acknowledgment specific to the Item category, obtained at booking and distinct from the general acknowledgment required by Section 7.6. |
The Tier 2 schedule as at the Effective Date 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.
8.7 Prohibited Conduct
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; transferring possession of a rented Item to any other person, whether or not the Lender consents; falsifying or manipulating device location data; creating multiple accounts to evade Enforcement Action or to obtain more than one place in the Founding Member Program; colluding with another User to generate a claim, a forfeiture, or a payment; and interfering with the operation, security, or integrity of the Platform.
8ASale Interest Flag; Private Sales
8A.1 Nature and Scope
The Sale Interest Flag is a feature of a Listing and is not a separate service, transaction type, marketplace, or sales channel offered, operated, or hosted by BoRo. A Listing bearing a Sale Interest Flag remains a Listing of an Item offered for rental and remains subject in full to Sections 6 and 8. The Platform does not display a sale price; does not provide any offer, acceptance, negotiation, bidding, payment, escrow, invoicing, shipping, delivery, or fulfilment function in respect of a Private Sale; does not verify, confirm, witness, or record the occurrence, terms, or completion of a Private Sale; and does not transfer or purport to transfer title to any Item.
8A.2 Eligibility
A Sale Interest Flag may be applied only to a Listing that (a) has satisfied the listing requirements of Section 8, (b) does not comprise a prohibited Item under any category of Section 8, and (c) does not comprise a High-Risk Item. A Listing that ceases to satisfy any of the foregoing shall have its Sale Interest Flag removed automatically. BoRo may suspend, restrict, or withdraw the availability of the Sale Interest Flag at any time.
8A.3 Lender Representations
Upon applying a Sale Interest Flag, and again upon each edit to the Listing, the Lender separately represents, warrants, and certifies as follows.
*SALE INTEREST CERTIFICATION — presented upon flagging*
— I own this Item outright and hold clear and marketable title to it.
— This Item is not subject to any lien, security interest, financing arrangement, lease, conditional sale
agreement, or other encumbrance, and no person other than me holds any right, title, or interest in it.
— This Item is not subject to, and I am not aware of, any manufacturer or government safety recall, and I
have not received notice of any recall, safety notice, or stop-sale notice affecting it.
— It is lawful for me to sell this Item, and its sale is not restricted or prohibited under any applicable
federal, State, or local law.
— I have disclosed in the Listing every defect, limitation, missing part, prior damage, and prior repair
known to me.
— I understand that BoRo is not a party to any Private Sale, provides no protection in respect of it, and
receives no fee or consideration from it.
These representations are in addition to, and do not replace or limit, the representations required under Section 6.
8A.4 No Platform Protections Apply
NO PRIVATE SALE IS PROTECTED, SECURED, GUARANTEED, OR BACKED BY BORO IN ANY RESPECT.
None of the following applies to, is available in respect of, or may be invoked in connection with a Private Sale: BoRo Shield; the Commitment Hold; the Pairing Scan, the Return Scan, or any part of the exchange protocol in Section 7A; the Inspection Session; the condition photograph and video record; the cancellation provisions of Section 9A; the BoRo Recovery Service; the BoRo Wallet; the ratings and reviews functions; the Legitimate and Verifiable Evidence standard; or any determination, adjudication, settlement, or allocation of funds by BoRo. A User who elects to proceed with a Private Sale does so without any of the foregoing and assumes all risk of doing so.
8A.5 No Platform Fee; No Payment Processing
BoRo charges no Platform Fee and receives no fee, commission, consideration, or other benefit in respect of any Private Sale. No consideration for a Private Sale passes through the Platform, Stripe, any Payment Provider, or any account held or controlled by BoRo. Section 5.6 does not apply to a Private Sale. BoRo holds no record of the consideration, method, or completion of any Private Sale and is unable to reverse, refund, recover, or trace any payment made in connection with one.
8A.6 Extension of Platform Role Limitations
BoRo is not a party to any Private Sale and does not enter into, assume, guarantee, or undertake any obligation arising between Users in connection with one. The limitations, disclaimers, assumptions of risk, and allocations of responsibility set out in Sections 5.1, 5.3, 5.4, 5.5, 16, 17, and 18 apply in full to Sale Interest Flags, Private Sales, and all communications concerning Private Sales, and each reference in those Sections to a Rental Transaction shall be read to include a Private Sale.
8A.7 Effect Upon Rental Transactions and Item Value
A Private Sale does not modify, suspend, or terminate any confirmed booking or Rental Transaction. A Lender who disposes of an Item subject to a confirmed booking remains bound by that booking and, if unable to perform, shall effect a cancellation and shall bear the consequences of that cancellation under Section 9A.
No price discussed, offered, requested, or agreed in connection with a Private Sale alters the Item Value declared under Section 6.7, nor constitutes evidence of Item Value for any purpose under Section 10.
8A.8 Taxes
Each User is solely responsible for determining, reporting, and remitting any tax arising from a Private Sale. Because no consideration passes through the Platform or any Payment Provider, BoRo does not calculate, collect, remit, or report any amount in respect of a Private Sale, and issues no informational return in respect of one.
8A.9 Communications; No Duty to Monitor
BoRo has no obligation to monitor, screen, review, or moderate communications between Users. BoRo nevertheless reserves the right, at any time and without notice, to screen, review, filter, delay, withhold, block, or remove any communication, and to take Enforcement Action under Section 15 in respect of User Conduct occurring in connection with a Sale Interest Flag or a Private Sale. The exercise or non-exercise of these rights constitutes editorial discretion within the meaning of Section 5.2, and does not create any duty of care, render BoRo a party to any Private Sale, or constitute supervision or control of any in-person or off-Platform interaction for the purposes of Section 16.2.
8A.10 Mandatory Acknowledgment
Before a User may transmit or receive a first communication concerning a Private Sale, the Platform shall present a conspicuous notice stating that the transaction is between Users only, that BoRo does not hold or process the funds, and that no BoRo protection applies. The User must affirmatively acknowledge that notice before proceeding, and each acknowledgment is recorded in the Platform Records. The Sale Interest Flag shall not be made available upon the Platform until that notice and acknowledgment are operative.
8A.11 Indemnification and Survival
Section 18.6 applies to Private Sales. You agree to defend, indemnify, and hold harmless the BoRo Indemnitees from and against any claim, liability, damage, judgment, award, loss, cost, expense, or fee, including reasonable attorneys’ fees, arising out of or relating to (a) any Private Sale in which you participate or attempt to participate, (b) any Item you offer, sell, purchase, or acquire by way of Private Sale,
(c) any representation made by you under Section 8A.3, and (d) any communication made by you concerning a Private Sale. Sections 8A.4, 8A.5, 8A.6, 8A.8, 8A.9, and this Section survive termination of this Agreement and the deletion of any Listing or account.
9Fees, Payments, and Payment Processing
9.1 Platform Fee
BoRo charges the following Platform Fees for each Rental Transaction: (a) seven percent (7%) of the Rental Fee, charged to the Borrower; and (b) three percent (3%) of the Rental Fee, deducted from the Lender’s disbursement. BoRo’s blended platform revenue equals ten percent (10%) of each Rental Transaction. BoRo may modify the Platform Fee structure upon thirty (30) days’ written notice to Users.
9.2 Card Processing Costs
Card processing costs charged by the Payment Providers are passed through at cost. BoRo applies no markup to, and derives no revenue from, card processing. Processing costs upon a Rental Transaction are borne on the Borrower side so that the Lender receives the price the Lender set, less only the Lender’s Platform Fee. The total payable, itemized as between Rental Fee, Platform Fee, applicable taxes, and card processing, is displayed to the Borrower before the booking is confirmed, and no further amount is added afterward save as expressly provided in these Terms.
BoRo derives no revenue from card processing, from any Stripe payout charge, or from any expedited payout a User elects. The charges arising under Sections 7.4, 7A.10, and 10A.2 are separate charges, are disclosed before they are incurred, and are not card processing.
9.2A Processing Cost Included in Every Amount
Every amount authorized or captured under this Agreement is inclusive of the applicable Processing Cost, computed so that the recipient receives the stated amount in full. The Processing Cost is borne by the party from whose payment instrument the amount is taken, is itemized separately before it is incurred, and is retained by the Payment Providers. BoRo receives no part of it.
Accordingly, an authorization or capture stated in these Terms by reference to a percentage, a declared Item Value, or a fixed sum is placed or taken in that amount together with the Processing Cost, and the Platform shall display the two components as separate lines before the Borrower or Lender confirms.
9.3 Payment Providers; Limited Role of BoRo
The Platform uses Payment Providers to facilitate the authorization, processing, settlement, and disbursement of financial transactions. BoRo does not hold, custody, or control User funds as a financial institution; does not act as a bank, depositary institution, or escrow agent; and does not assume 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.
9.4 User Authorization; Survival
By accessing or using the Platform, each User 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 and execute payment instructions on behalf of the User, and (d) process transactions in accordance with these Terms. Such authorization survives termination, suspension, or closure of the User’s account for so long as necessary to complete pending transactions, recover outstanding amounts, and resolve Disputes, chargebacks, or Enforcement Actions.
9.5 Payment Method Requirements
Each User agrees to (a) maintain at least one valid, current, and enforceable payment card on file at all times, (b) ensure that such payment method has sufficient funds or credit availability to satisfy obligations arising under these Terms, and (c) promptly update any expired, invalid, or declined payment method. Users are encouraged to maintain a second payment method. Failure to maintain a valid payment method constitutes a material breach of these Terms.
9.6 Limited Payment Collection Agent
Each Lender appoints BoRo as its limited payment collection agent solely for the purpose of collecting Rental Fees, Platform Fees, and applicable taxes, and facilitating disbursement of funds to the Lender. Payment made by a Borrower to BoRo or its Payment Providers is deemed full and final satisfaction of that Borrower’s payment obligation to the applicable Lender, regardless of whether such funds have been disbursed. This role does not create any fiduciary, trust, or escrow relationship.
9.6A The Commitment Hold
(a) Purpose and Nature. The Commitment Hold secures the attendance of both the Lender and the Borrower at a scheduled exchange. It is an authorization hold and not a payment, a fee, or a deposit against damage. BoRo retains no part of any Commitment Hold in any circumstance.
(b) Amount. The Commitment Hold is twenty percent (20%) of the total amount charged to the Borrower for the Rental Transaction, being the Rental Fee together with the Borrower’s Platform Fee and card processing, subject to a minimum of ten dollars ($10.00), together with the applicable Processing Cost. The Lender and the Borrower each post a Commitment Hold in the same amount. A Commitment Hold must be placed upon a payment card and may not be satisfied from a BoRo Wallet balance.
(c) Placement and Release. Each party is prompted to confirm attendance not less than twenty-six (26) hours before the scheduled exchange. The confirmation window closes twenty-four (24) hours before that time. A Commitment Hold is placed upon confirmation and not upon booking. Where either party has not confirmed when the window closes, the booking is cancelled and no Commitment Hold is placed or captured against either party.
Both Commitment Holds are released in full, automatically, upon the Platform recording both parties’ devices within the Exchange Point at the same time. Release is unconditional and final. No Commitment Hold may be captured, re-placed, or charged after release, and release does not depend upon the Pairing Scan, upon the success of any authorization, or upon the completion of any exchange.
(d) Forfeiture. The tiers set out in Section 9A.2 govern the capture of a Commitment Hold. Any amount captured is credited in full to the BoRo Wallet of the other party to the booking.
(e) Release Where No Exchange Occurs. Where a scheduled exchange does not proceed and the parties have not both been recorded within the Exchange Point, the Commitment Hold of the party not at fault is released in full immediately upon the Platform determining that the exchange has failed.
(f) Relationship to the Rental Fee. The Commitment Hold is the sole financial consequence of a cancellation before the scheduled exchange. No Rental Fee is captured before acceptance under Section 7A.5, and accordingly capture of a Commitment Hold is not a refund determination and does not offset, reduce, or relate to any Rental Fee.
9.7 Authorization Holds
BoRo, through its Payment Providers, may initiate one or more authorization holds in connection with any User activity, including Commitment Holds, Rental Fee pre-authorizations, BoRo Shield holds, and 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.
9.8 Post-Transaction Charges
Users authorize BoRo and its Payment Providers to charge any payment method on file at any time, including after completion of a Rental Transaction or closure of an account, in order to recover amounts owed under these Terms, including damages, losses, repair costs, fees, penalties, and other outstanding balances. This authorization does not extend to any Commitment Hold released under Section 9.6A(c), which may not be charged after release in any circumstance.
9.9 Disbursements
BoRo will disburse net Rental Fees, being the Rental Fee less the Lender’s Platform Fee, to the Lender’s BoRo Wallet following confirmation of a completed Rental Transaction, subject to Stripe payout timelines. BoRo may withhold disbursement pending resolution of a Dispute or investigation of a potential policy violation.
9.9A Entitlements Where Onboarding Is Incomplete
Where a User becomes entitled to receive funds and has not completed the Stripe onboarding described in Section 3.5, BoRo shall notify that User and the entitlement shall be held for twelve (12) months. An entitlement unclaimed at the expiry of that period lapses, and the amount captured is returned to the party from whom it was captured. BoRo retains no part of it in any circumstance.
9.10 Amounts Credited Are Amounts Collected
BoRo credits to a User only such amounts as BoRo has actually collected from the paying party. BoRo does not guarantee, underwrite, advance, or make good any amount that BoRo has been unable to collect, and no obligation to pay any User arises from an amount that has not been collected. This Section applies to every credit arising under Sections 9A.2, 10.7, and 10.11.
9.11 Chargebacks
Where a Borrower initiates a chargeback without first following the Dispute process in Section 9.12, BoRo may suspend the Borrower’s account, dispute the chargeback with the issuing institution, and pursue available remedies for resulting losses, fees, and costs. Where a chargeback affects a Lender payout, BoRo may withhold or reverse any pending or recently disbursed payout associated with the disputed transaction pending resolution; BoRo will use commercially reasonable efforts to contest a chargeback it considers to lack merit but guarantees no outcome; where a chargeback is resolved in favour of the Borrower’s financial institution, the corresponding payout may be permanently reversed and the Lender’s recourse is against the Borrower; and BoRo’s liability to a Lender in connection with any chargeback is limited to the Platform Fees retained by BoRo on that transaction.
9.12 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, or, where no return occurs, within forty-eight (48) hours of the conclusion of the session. Disputes submitted after that window are not eligible for BoRo mediation. This limitation does not affect any right under applicable State consumer protection law. A Dispute under this Section is distinct from a report under Section 10.5, and the making of a Dispute does not extend the reporting deadline in that Section.
9.13 Payment Failure; Collections
Where any payment authorization, charge, or settlement attempt fails, BoRo may reattempt the charge, initiate charges against any alternative payment method associated with the User’s account, and suspend or
restrict access. BoRo may also offset amounts owed against funds otherwise payable to that User, engage third-party collection agencies, report delinquent accounts to credit reporting agencies to the extent permitted by law, and initiate legal proceedings. Users remain liable for amounts owed, including collection costs and reasonable attorneys’ fees to the extent permitted by law.
9.14 Refunds
Refund eligibility is governed by Section 9A. All refunds are processed through Stripe and may take three (3) to seven (7) business days to appear.
9.15 No Guarantee of Recovery
BoRo makes no representation, warranty, or guarantee regarding the recovery of funds or financial outcomes in connection with any Rental Transaction, Dispute, or Enforcement Action. All financial recovery is subject to payment method validity, Payment Provider performance, User solvency, and applicable law.
9.16 Travel Between Users
BoRo does not price travel between Users. No delivery charge, mileage charge, mileage credit, or other travel adjustment arises between a Lender and a Borrower under these Terms. The Lender and the Borrower agree the location of an exchange between themselves in accordance with Section 7A.2, and each party bears that party’s own cost of attending.
This Section does not affect the BoRo Recovery Service or a dispatch under Section 7A.10, the charges for which are set out in those Sections. The mileage rate is a fixed figure reviewed annually, is not indexed to any external standard, and may be modified upon thirty (30) days’ written notice to Users.
9.17 Extensions
A Borrower may extend a Rental Transaction, subject to the maximum term in Section 10.9. 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, together with the Platform Fee and the applicable Processing Cost, is charged at the time the Borrower commits to the extended term. Section 9A.1 does not apply to an extension fee, which is charged upon commitment and not upon acceptance of the Item.
Where a Borrower returns an Item before the end of a committed extension, the extension fee already charged is not refunded.
9ACancellation
9A.1 What Cancellation Affects
Cancellation of a confirmed booking before the scheduled exchange affects the Commitment Hold and nothing else.
The Rental Fee is not captured until the Borrower accepts the Item under Section 7A.5, and is not authorized until the Payment Gate, which occurs at the Exchange Point immediately before the Pairing Scan. At every point in the cancellation window, therefore, no Rental Fee has been taken from the Borrower. No refund of the Rental Fee arises upon a cancellation because no Rental Fee has been charged, and no Platform Fee arises because no Platform Fee has been collected. There are no refund tiers governing the Rental Fee.
9A.2 Cancellation Tiers
Either party may cancel a confirmed booking at any time before the scheduled exchange. The following apply to the defaulting party’s Commitment Hold, a defaulting party being the party who cancels or who fails to appear.
| Twenty-four (24) hours or more before the scheduled exchange | Nothing is captured, and any Commitment Hold placed is released in full. |
| Not less than twelve (12) hours and less than twenty-four (24) hours before the scheduled exchange | Fifty percent (50%) of the defaulting party’s Commitment Hold is captured. |
| Less than twelve (12) hours before the scheduled exchange, or failure to appear | One hundred percent (100%) of the defaulting party’s Commitment Hold is captured. |
Any amount captured under this Section is credited in full to the BoRo Wallet of the other party to the booking, subject to Section 9.10. BoRo retains no part of it.
9A.3 The Tiers Apply to Both Parties
The tiers apply identically to a Lender and to a Borrower. A Lender who cancels late forfeits that Lender’s Commitment Hold to the Borrower upon the same footing as a Borrower forfeits to a Lender. Repeated cancellation by a Lender may result in reduced Listing visibility, restrictions upon future bookings, a Strike, or suspension or termination.
9A.4 No Cancellation After Acceptance
Once the Borrower has accepted the Item under Section 7A.5, or is deemed to have accepted it under Section 7A.4(b), the Rental Transaction has commenced and may not be cancelled. A Borrower who no longer requires the Item shall return it in accordance with Section 7A.8, and the Rental Fee remains payable in full.
9A.5 Cancellation Process
All cancellations must be initiated through the Platform. BoRo does not accept a cancellation communicated solely by User-to-User messaging, electronic mail, or any off-Platform channel. The time of cancellation is determined by the Platform at the moment of initiation.
9A.6 Extraordinary Circumstances
BoRo may, in its sole discretion exercised reasonably and in good faith, release or restore a Commitment Hold in connection with extraordinary circumstances beyond a User’s reasonable control, including natural disasters, government-declared emergencies, or other events directly preventing attendance at an exchange. A claim under this Section must be submitted through the Platform within forty-eight (48) hours of the scheduled exchange. Ordinary weather is not an extraordinary circumstance.
10BoRo Shield
10.1 Nature; Non-Insurance Status
BoRo Shield is a contractual, deposit-based risk mitigation mechanism established to allocate financial exposure arising from Rental Transactions. BoRo Shield is not insurance and does not constitute an insurance policy, guarantee, warranty, or promise of reimbursement. Users acknowledge 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 Coverage Caps; Maximum Eligible Item Value
Maximum Eligible Item Value. The Maximum Eligible Item Value is one thousand dollars ($1,000.00). It applies to the Item Value declared by the Lender at the time of listing. No Item may be listed at a declared Item Value exceeding that figure. The amount authorized upon a Borrower’s payment instrument may exceed the Maximum Eligible Item Value by the applicable Processing Cost.
Per-Transaction Cap. BoRo Shield coverage shall not exceed (a) in Lane B, the BoRo Shield amount authorized for that Rental Transaction, and (b) in Lane A, the Item Value declared by the Lender. In each case the cap is the amount the Lender receives, exclusive of Processing Cost.
No Consequential Coverage. BoRo Shield does not cover consequential, incidental, or indirect losses, including loss of use, lost income, emotional distress, or reputational harm.
BoRo may modify the per-transaction cap and the Maximum Eligible Item Value upon thirty (30) days’ notice. Modified caps apply to Rental Transactions initiated after the effective date of the modification. Any increase in the Maximum Eligible Item Value shall be made available in the sequence set out in Section 12A.
10.3 Administration
BoRo administers BoRo Shield in its sole discretion, exercised reasonably and in good faith, based upon Platform Records, submitted evidence, and internal evaluation. BoRo has no obligation to follow external valuation frameworks, to obtain third-party assessments, or to provide detailed explanations of its determinations, except to the extent required by applicable law. A determination is made during Support Hours.
10.4 Trigger Events
BoRo may capture all or any portion of the BoRo Shield amount, or charge the saved payment method under Section 10.11, in connection with (a) physical damage, including cosmetic damage, wear beyond normal use, structural impairment, functional defects, or malfunctions attributable to use during the Rental Transaction, provided that cosmetic damage may found a determination only where it was reported in accordance with Section 10.5; (b) total loss, including destruction, irreparable damage, non-recoverability, or failure to return the Item; (c) late return or extended possession beyond the permitted rental period; (d) non-return or abandonment, including unresponsiveness 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 of possession; (f) unauthorized removal under Section 7A.12; (g) violations of these Terms; and (h) fraud, abuse, or manipulation, including submission of false claims, fabrication of evidence, or collusion between Users designed to exploit the Platform.
A consumable that has been used up in the ordinary course of use — including fuel, a blade, film, or a similar item — is not damage and does not found a determination.
10.5 Reporting; The Two Periods; Evidence
Two periods of forty-five (45) minutes arise in every exchange. The first commences upon the Pairing Scan and belongs to the Borrower. The second commences upon the Return Scan and belongs to the Lender. A report must be submitted through the Platform within the applicable period. A report submitted after that period has closed is ineligible for BoRo Shield coverage, save in the case of documented extraordinary circumstances approved by BoRo.
Cosmetic condition. A report as to the appearance of an Item — including a mark, scratch, wear, missing component, or a discrepancy between the Item and its Listing — may be made only while both parties are
present at the Exchange Point. Such a report must be supported by evidence captured within the Exchange Point, and the Platform shall not accept the report unless the device of the other party is also recorded within the Exchange Point at the time of submission. Once the parties have separated, no report as to appearance may be made by either of them in respect of that exchange.
Functional failure. A report that an Item does not function may be made from any location within the applicable period. Evidence of a functional failure is admissible irrespective of where it was captured.
Rationale. Appearance is capable of being established only while the other party is standing beside the Item and can answer for what is said about it. Function is not, because an Item must be operated to be tested.
Required documentation. All reports must include Legitimate and Verifiable Evidence, bearing a timestamp and location record. Material selected from a device gallery is not Legitimate and Verifiable Evidence. Evidence as to appearance bearing a location outside the Exchange Point is inadmissible. The condition record made by the Lender under Section 6.10, and any record made by BoRo under Section 7A.10, are admissible notwithstanding that they were not captured within a period described in this Section.
Relationship to the Dispute Window. The reporting periods under this Section and the forty-eight (48) hour Dispute window under Section 9.12 are distinct. The reporting period governs the right to claim in respect of the condition of an Item. The Dispute window governs the right to dispute a charge. The expiry of one does not shorten or extend the other.
AI EVIDENCE PROHIBITION. USERS ARE STRICTLY PROHIBITED FROM SUBMITTING PHOTOGRAPHS, VIDEO, OR OTHER MEDIA GENERATED, ALTERED, MODIFIED, ENHANCED, OR OTHERWISE PROCESSED USING ARTIFICIAL INTELLIGENCE TOOLS IN CONNECTION WITH ANY DISPUTE, BORO SHIELD CLAIM, OR DAMAGE ASSESSMENT. SUBMISSION OF SUCH MATERIAL CONSTITUTES A MATERIAL BREACH OF THESE TERMS AND SHALL RESULT IN IMMEDIATE DISQUALIFICATION OF THE UNDERLYING CLAIM, FORFEITURE OF ANY BORO SHIELD COVERAGE FOR THAT TRANSACTION, AND ENFORCEMENT ACTION INCLUDING PERMANENT ACCOUNT TERMINATION.
10.6 Determination Framework; Burden
In connection with any BoRo Shield determination, BoRo may rely upon Platform Records, Legitimate and Verifiable Evidence submitted by Users, system-generated data including timestamps, geolocation and device data, and behavioural and risk indicators.
The Lender bears the initial burden of establishing the condition of an Item at or prior to the commencement of a Rental Transaction, which the Lender discharges by the condition record made under Section 6.10. Following acceptance of an Item by a Borrower, the Borrower bears the burden of showing that a condition identified upon return was not caused during the Borrower’s possession. The condition record made under Section 6.10 is displayed to the Borrower before acceptance, and a Borrower who has not been shown that record does not bear that burden.
10.7 Determination Outcomes
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 capture of twenty-five percent (25%); (c) moderate damage has occurred, resulting in capture of fifty percent (50%); or (d) total loss or theft has occurred, resulting in full capture, subject to the caps in Section 10.2.
Where no BoRo Shield amount has been authorized, the percentages in this Section are computed upon the Item Value declared by the Lender.
Every amount captured is credited to the Lender’s BoRo Wallet, subject to Section 9.10, and BoRo takes no part of any BoRo Shield capture. Each capture is grossed up in accordance with Section 9.2A so that the Lender receives the determined amount in full.
A determination by BoRo is final as between BoRo and the Users in respect of the movement of funds upon the Platform. It does not determine the rights of one User against another outside the Platform, and it does not limit any right a User may have under Section 19.
10.8 Total Loss Protocol
Where BoRo determines that a total loss has occurred, BoRo may freeze or withhold pending payouts associated with the relevant Rental Transaction, require the Lender to surrender possession of the Item to BoRo or its agent, verify custody and condition through Platform Records or physical retrieval, and release applicable funds in accordance with its determination. Following a total loss determination, the Borrower may be provided a limited opportunity, not exceeding thirty (30) days, to retrieve the Item from BoRo where applicable; and if the Item is not retrieved within that period, BoRo may dispose of, recycle, or otherwise handle the Item at its discretion.
10.9 Two-Lane Protection Structure
BoRo Shield applies according to the Item Value declared by the Lender at listing. The two lanes are continuous: every declared Item Value from one cent to the Maximum Eligible Item Value falls within one lane or the other, and there is no value between them.
| Lane A — declared Item Value of $0.01 to $100.00 | No BoRo Shield authorization hold is placed. At the Payment Gate the Platform instead verifies, through the Payment Providers, that the Borrower’s saved payment method is valid and capable of bearing the declared Item Value. That saved payment method is the sole protective instrument and may be charged off-session up to the declared Item Value. A Borrower whose payment method does not satisfy that verification cannot proceed to the Pairing Scan. |
| Lane B — declared Item Value of $100.01 to the Maximum Eligible Item Value | A BoRo Shield authorization hold equal to the declared Item Value, together with the applicable Processing Cost, is placed at the Payment Gate. The saved payment method operates as a second layer in accordance with Section 10.11. |
In both lanes the Commitment Hold applies, the Inspection Session is forty-five (45) minutes, and the maximum rental term is thirty (30) days. Users acknowledge that Lane A affords a materially lesser protection than Lane B, verification reserving no funds and not guaranteeing their availability.
10.10 Declared Item Value as Recovery Ceiling
THE ITEM VALUE DECLARED BY THE LENDER IS THE MAXIMUM AMOUNT A LENDER WILL RECEIVE IN RESPECT OF THAT ITEM, IN EITHER LANE. A LENDER WHO DECLARES A LOWER ITEM VALUE ACCEPTS THAT LOWER FIGURE AS THE CEILING OF THAT LENDER’S OWN RECOVERY.
The amount charged to a Borrower may exceed the declared Item Value by the applicable Processing Cost, so that the Lender receives the declared figure in full. This limitation is disclosed to the Lender at the time of declaration, and the declared Item Value and the total amount to be authorized are both displayed to the Borrower before booking and again at the Payment Gate.
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 together with the applicable Processing Cost, 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.
A saved payment method is not an authorization hold and does not guarantee the availability of funds. Where a charge to a saved payment method does not succeed, Section 9.10 applies and no obligation to pay the Lender arises.
10.12 The Payment Gate
Before the Pairing Scan becomes available, the Borrower must complete, at the Payment Gate, the authorizations applicable to the flow the Borrower has selected.
| Rent Now | The Borrower authorizes the Rental Fee and the BoRo Shield. Off-site inspection is available where the Lender has enabled it upon the Listing. |
| Try Now | The Borrower authorizes the BoRo Shield alone. No Rental Fee is authorized, and the Item may not be removed from the Exchange Point. |
Where an Item falls within Lane A, no BoRo Shield hold is placed. In its stead the Payment Gate requires verification that the Borrower’s saved payment method is valid and capable of bearing the declared Item Value, and that payment method is retained for subsequent off-session charge under Section 10.11.
The BoRo Shield is placed at the Payment Gate, before the Pairing Scan, and the Pairing Scan does not become available unless it succeeds. The BoRo Shield is released when the return settles without a report under Section 10.5, and in the circumstances described in Sections 7A.4(a), 7A.5, 7A.8, and 7A.10.
A Rental Transaction in Lane B may be extended to the maximum term set out in Section 10.9. 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.
NOTICE REGARDING CONCURRENT AUTHORIZATION HOLDS. 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 IS NOT A DUPLICATE CHARGE.
Where a Borrower fails to take the required action, the BoRo Shield lapses. The Borrower shall return the Item within twenty-four (24) hours of the lapse, the saved payment method under Section 10.11 becomes the protective instrument for the remainder of the term, and failure to return within that period is a material breach of these Terms and is User Conduct for the purposes of Section 15.
10.13 Authorization Failure at the Payment Gate
Where an authorization required at the Payment Gate is declined, the Platform shall attempt the authorization against each alternative payment method held upon the Borrower’s account, and shall permit the Borrower to add a payment method and to attempt the authorization once more. Where no authorization succeeds, the Platform shall notify both the Lender and the Borrower, the Pairing Scan shall not become available, and the session shall terminate. No Rental Transaction commences and no Rental Fee is captured.
A failure under this Section does not of itself constitute a failure to appear, and where both parties have been recorded within the Exchange Point the Commitment Holds have already been released under Section 9.6A(c) and are not capturable.
10.14 Try Now
The Try Now flow is offered at no charge. A Borrower who inspects an Item under Try Now and elects not to rent it incurs no fee of any kind. BoRo may introduce a charge for the Try Now flow upon thirty (30) days’ written notice to Users under Section 23.1.
BoRo records, in respect of every Try Now session, the Item inspected, the declared Item Value, and the outcome of the session. A pattern of Try Now sessions that do not result in a rental is User Conduct which BoRo may evaluate under Section 15.6, and BoRo may restrict access to the Try Now flow where it determines that the flow is being used other than for the genuine purpose of assessing an Item before renting it.
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, together with the applicable Processing Cost, 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 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
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.
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 declared Item Value 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 declared Item Value 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 shall be applied 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 shall be credited to the Lender’s BoRo Wallet and held for twelve (12) months. BoRo shall notify the Lender that a surplus is held. A surplus 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, 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 9.8.
10A.8 Records and Release
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.
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 controls solely with respect to Hub-specific obligations. 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 wilful misconduct.
12BoRo Eko Referral Program
12.1 The Program
Eligible Users may participate in BoRo Eko. The commission rate is six percent (6%) of BoRo’s earned Platform Fee attributable to each referred User’s completed Rental Transactions. The commission term is twelve (12) months from the date on which the referred User completes account registration. Participants must maintain an active account in good standing throughout the commission period. A referred User may not be attributed to more than one participant. Any referral activity that BoRo determines to constitute fraud, manipulation, or abuse results in forfeiture of all earned commissions and account termination. Participants are solely responsible for all tax obligations arising from BoRo Eko commissions.
12.2 Commission Basis
The commission is calculated upon BoRo’s full earned Platform Fee for each qualifying Rental 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).
12.3 Commencement and Expiry
Each referred User carries an independent twelve (12) month commission period commencing upon that User’s completion of account registration, and expiring twelve (12) months thereafter irrespective of whether that User has completed any Rental Transaction. A participant whose referred User does not transact during the commission period earns no commission in respect of that User. The aggregate commission payable in respect of any single Rental Transaction shall not exceed twelve percent (12%) of BoRo’s earned Platform Fee.
12.4 Modification
BoRo may modify or terminate the BoRo Eko program at any time upon thirty (30) days’ notice. Commissions accrued prior to termination will be honoured. BoRo makes no representation as to the amount any participant may earn, which depends entirely upon the number of Users referred and the volume those Users transact.
12AFounding Member Program
12A.1 The Program
BoRo operates a Founding Member Program comprising ten thousand (10,000) numbered places, recognizing the Users who joined before the Platform opened for transactions.
12A.2 Eligibility; Assignment of Place
A place is assigned upon confirmation of the electronic mail address associated with the account, in accordance with Section 3.6, and not upon submission of a registration form. Places are assigned in the order in which confirmations are received, and once assigned a place is fixed and is recorded against the account. One place may be held per person; a place is personal, is not transferable, is not redeemable for cash, and carries no monetary value. Places are assigned until the ten thousandth (10,000th) place has been taken, whereupon the Program closes.
12A.3 Tiers and Benefits
Founding 1K comprises places 1 to 1,000; Founding 5K comprises places 1,001 to 5,000; and Founding 10K comprises places 5,001 to 10,000. Every tier carries a Founding Member badge displayed upon the Member’s public profile for so long as the account remains in good standing.
(a) Access to an increased Maximum Eligible Item Value. Where BoRo increases the Maximum Eligible Item Value under Section 10.2, Founding Members shall be given access to the increased figure before it is made generally available: Founding 1K upon the increase taking effect, Founding 5K thirty (30) days thereafter, and Founding 10K sixty (60) days thereafter. This benefit is an entitlement to sequence only. It is not a guarantee that the Maximum Eligible Item Value will be increased, nor of the amount of any increase, nor of the date upon which any increase may occur. BoRo makes no representation as to any future Maximum Eligible Item Value.
(b) Priority Listing Placement. During the period stated for the Member’s tier, running from the date the Platform opens for transactions, Listings created by that Member shall be given priority in search results and category browsing over Listings of Users who are not Founding Members, all other ranking factors being
equal. The period is ninety (90) days for Founding 1K, forty-five (45) days for Founding 5K, and thirty (30) days for Founding 10K. This benefit does not suspend the operation of Section 15.3.
(c) Hub Early Access. Where capacity at a Hub location is limited, Founding Members shall be offered access in tier sequence before Users who are not Founding Members.
12A.4 Good Standing
Every benefit under this Section is conditional upon the Member maintaining an account in good standing. A Member whose account is suspended or terminated, or who is found to have obtained a place through multiple accounts or any other circumvention of Section 12A.2, forfeits the place and every benefit attaching to it, and BoRo may reassign that place.
12A.5 No Fee Commitment
THE FOUNDING MEMBER PROGRAM CONFERS NO GUARANTEE, LOCK, CAP, OR OTHER COMMITMENT AS TO THE PLATFORM FEE OR ANY OTHER CHARGE. BORO’S RIGHT TO MODIFY THE PLATFORM FEE STRUCTURE UPON THIRTY (30) DAYS’ WRITTEN NOTICE UNDER SECTION 9.1 IS UNAFFECTED BY THIS SECTION.
12A.6 Modification and Records
BoRo may modify or withdraw any benefit under this Section upon thirty (30) days’ notice to Founding Members. A place already assigned shall not be revoked save under Section 12A.4. BoRo shall retain a record of every place assigned, including the date and time of the confirmation upon which it was assigned, for not less than three (3) years.
13User Content and Intellectual Property
13.1 Licence Grant to BoRo
By submitting, posting, or transmitting any User Content on or through the Platform, you grant BoRo a worldwide, non-exclusive, royalty-free, sublicensable, and transferable licence 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. This licence survives termination solely with respect to User Content already incorporated into the Platform or into BoRo’s marketing materials.
13.2 Your Representations
You represent and warrant that (a) you own or have all necessary rights to submit User Content and to grant the licence in Section 13.1, (b) your User Content does not infringe any third-party intellectual property, privacy, or other right, (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 the BoRo trademark (U.S. Serial No. 99298569), are owned by BoRo or its licensors. Nothing in this Agreement grants you any right, title, or interest in BoRo’s intellectual property. You may not use BoRo’s name, trademarks, logos, or branding without BoRo’s express prior written consent.
13.4 Copyright Infringement
If you believe your copyrighted work has been infringed upon the Platform, send a notice under the Digital Millennium Copyright Act to [email protected], including identification of the copyrighted work,
identification of the infringing material and its location upon the Platform, your contact information, a statement of good faith belief, and a statement of accuracy and authority signed under penalty of perjury.
14Privacy and Data Collection
Your use of the Platform is subject to the BoRo USA 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.
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 and 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 screening.
The Platform discloses to the other party to a booking such of your information as is necessary to complete an exchange, including your first name, your profile photograph, your ratings and any measure published under Section 15A.6, your Platform communications, and, where you propose or accept a residential address as an Exchange Point, that address. The Platform does not disclose your telephone number, your surname, or your payment details to another User.
14ASMS and Text Messaging Program
14A.1 Program Description
BoRo operates an application-to-person text messaging program through which BoRo may send recurring SMS and MMS messages to Users who provide a mobile telephone number and consent. Messages may include one-time verification and authentication codes; account, security, and transaction notifications; rental confirmations, pickup and return reminders, and damage-report notices; payout updates; BoRo Eko notifications; customer-care communications; and periodic promotional messages.
14A.2 Consent
By providing your mobile telephone number to BoRo and affirmatively indicating your agreement to receive text messages, you consent to receive the categories of message described above, including messages delivered by means of an automatic telephone dialling system or prerecorded or automated technology. You represent that you are the subscriber or customary user of, and are authorized to consent for, the 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 Frequency, Rates, Opt-Out and Help
Message frequency varies and depends upon your activity upon the Platform. Message and data rates may apply in accordance with the rate plan you maintain with your wireless carrier, and you are solely responsible for all such charges. You may opt out at any time by replying STOP to any message, after which BoRo will send a single confirmation message and will cease sending promotional and non-essential
messages to that number. 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. For assistance, reply HELP or contact [email protected].
14A.5 Carriers; No Sale of Mobile Information
The program may not be compatible with all wireless carriers or devices. Wireless carriers are not liable for delayed, undelivered, or misdirected messages, and BoRo does not guarantee delivery. Mobile telephone numbers and text-messaging consent are used solely to operate the program and are governed by the 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.
15Trust and Safety; Monitoring; Enforcement
15.1 Purpose and Scope
BoRo maintains a Trust and Safety Framework designed to protect Users from fraud, harm, misuse, and unsafe conduct; to preserve the integrity of the Platform; and to enable both proactive and reactive detection, prevention, and enforcement of violations of these Terms.
15.2 Monitoring and Automated Detection
BoRo may monitor User activity for purposes of fraud detection, risk assessment, and Platform integrity, including transaction patterns and frequency, dispute rates and claim behaviour, cancellation and no-show activity, responsiveness and communication behaviour, and payment activity. BoRo may use automated systems, including fraud detection algorithms and pattern recognition systems, to identify suspicious, anomalous, or high-risk behaviour.
15.3 Risk Scoring and Listing Visibility
BoRo may assign Users internal risk scores based upon historical conduct, behavioural indicators, and the outcomes of prior transactions, disputes, or Enforcement Actions. Such scores may influence the visibility of Listings, access to Platform features, and the nature and severity of Enforcement Actions. Nothing in Section 12A limits the operation of this Section.
15.4 Non-Disclosure of Enforcement Criteria
BoRo has no obligation to disclose monitoring criteria or detection methodologies, risk scoring models or weighting systems, or internal enforcement thresholds or decision frameworks.
15.5 Enforcement Actions
BoRo may take any Enforcement Action it deems appropriate, in its sole discretion exercised reasonably and in good faith, including the issuance of warnings or Strikes; removal or modification of Listings or content; cancellation or suspension of transactions; withholding, freezing, or adjustment of payments; capture of BoRo Shield amounts; suspension, restriction, or termination of accounts; device-level restrictions; and enforcement across related accounts. BoRo may implement any Enforcement Action immediately, without prior notice and without an opportunity to cure, except to the extent required by applicable law.
15.6 Pattern-Based Enforcement; Account Linkage
BoRo may evaluate User behaviour on an aggregated basis and impose escalating Enforcement Actions where patterns of misconduct are identified, including a pattern of Try Now sessions that do not result in a rental, a pattern of claims, or a pattern of cancellations. Enforcement Actions may extend to any accounts
determined by BoRo to be related, including accounts connected through shared devices or device identifiers, common payment methods, overlapping behavioural patterns, or shared network data.
15.7 Collusion
Two or more Users who act in concert to generate a claim, a forfeiture, a capture, or a payment that would not arise from a genuine arm’s-length Rental Transaction commit a material breach of these Terms. BoRo may decline any determination, reverse any credit, and terminate every account involved. Section 9.10 applies in any event, and no obligation to pay any User arises from an amount BoRo has not collected.
15.8 Reporting and Investigation
Users may report suspected violations, including fraud, safety concerns, and policy violations. BoRo receives and acts upon reports during Support Hours. Submission of a report does not create any obligation upon BoRo to take action. BoRo may investigate any User, account, Listing, or Rental Transaction in its sole discretion.
15.9 Preventative Measures
BoRo may take preventative or pre-emptive 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 action may be taken prior to the completion of any investigation.
15.10 Strikes
Where conduct does not warrant immediate suspension, BoRo may record a Strike against the account. A Strike is notified to the User, states the conduct to which it relates, and remains upon the account for twelve (12) months. Three Strikes within any twelve (12) month period may result in suspension or termination. A User may respond to a Strike through the Platform within fourteen (14) days, and BoRo shall consider that response and may withdraw the Strike.
15.11 Non-Reviewability
Save as provided in Section 15.10 and Section 19, Enforcement Actions are discretionary and are not subject to appeal, except where review is required by applicable law.
15ARatings, Reviews and Profile Measures
15A.1 The System
The Platform includes a mutual ratings and review system through which Lenders and Borrowers may provide written reviews and numerical ratings following a completed Rental Transaction, and through which a Lender may provide a review following an exchange that did not result in a rental.
15A.2 Integrity Obligations
All reviews and ratings must be (a) based upon the submitting User’s genuine first-hand experience of the exchange or Rental Transaction being reviewed, (b) accurate, honest, and not misleading, (c) free from personal attacks, harassment, defamatory statements, private information, and discriminatory language, and (d) submitted within thirty (30) days of the conclusion of the exchange or Rental Transaction.
15A.3 Prohibited Review Conduct
Users are prohibited from submitting false or fabricated reviews; offering or accepting compensation for reviews; threatening or retaliating against a User for a review; submitting multiple reviews of the same exchange; and coordinating to inflate or deflate ratings.
15A.4 Review of an Exchange Without a Rental
Where an exchange concludes without a rental, whether by rejection under Section 7A.5, by expiry under Section 7A.4(a), or by a functional failure report under Section 7A.7, each party may review the other. A review under this Section may address attendance, punctuality, communication, and conduct only. It may not address the condition of the Item, the accuracy of the Listing, or the decision not to rent. A review that addresses those matters shall be removed.
15A.5 Publication; Blind Period
A review is not published upon submission. Where both parties submit a review, both are published simultaneously upon the later submission. Where only one party submits, that review is published thirty (30) days after the conclusion of the exchange or Rental Transaction. Neither party may view the other’s review before publication.
15A.6 Profile Measures
The Platform publishes upon each User’s profile a completion measure, being the proportion of bookings that party accepted which proceeded to a completed exchange. The following count against that measure: a failure to appear; a cancellation less than twenty-four (24) hours before the scheduled exchange; and, for a Lender, a failure to attend a return under Section 7A.10.
The following do not count against that measure: a cancellation twenty-four (24) hours or more before the scheduled exchange; a rejection by a Borrower under Section 7A.5; the expiry of an Inspection Session inside the Exchange Point under Section 7A.4(a); a functional failure reported under Section 7A.7; a cancellation arising from extraordinary circumstances accepted under Section 9A.6; and the termination of a session under Section 10.13.
A Borrower who declines an Item shall not be disadvantaged by having done so. BoRo may publish separately, upon a Lender’s profile, the number of exchanges that did not result in a rental, presented as a plain figure and without characterization.
15A.7 Right of Reply; Moderation
A User may publish one reply to any review of that User, which is displayed with the review. A reply may be published within thirty (30) days of the publication of that review under Section 15A.5, and not afterwards. BoRo does not remove a review by reason only that its subject disagrees with it. BoRo removes a review that contains a personal attack, private information, discriminatory language, a matter excluded by Section 15A.4, or a demand made in order to pressure another User, and may remove any review it determines to violate these Terms.
15A.8 No Warranty
BORO MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR AUTHENTICITY OF ANY REVIEW OR RATING APPEARING UPON THE PLATFORM.
15A.9 Promotions
BoRo may operate promotions, contests, and leaderboards offering awards to Users, upon published rules stating the qualifying period, the basis of ranking, the awards available, and the method of determination. A promotion may be keyed to the number of completed Rental Transactions, to Listing activity, to referral activity, or to any other objectively measurable participation. A promotion may require that a Rental Transaction has been reviewed by the participant in order for that transaction to count, and any review so required qualifies irrespective of the rating given.
No promotion shall rank participants by, condition any award upon, or otherwise pay for, the rating contained in any review, whether given or received, or the sentiment or content of any review. Transactions
found to be self-dealing, collusive, artificially generated, or otherwise not at arm’s length are disregarded, and the participant forfeits all awards.
16User Safety; Assumption of Interaction Risk
16.1 Assumption of Inherent Risks
You acknowledge that participation in peer-to-peer rental transactions involves inherent risks, including damage to or loss of property, personal injury or bodily harm, interaction with unknown individuals, and misrepresentation, fraud, or deceptive conduct. You voluntarily assume all such risks arising out of or relating to your access to and use of the Platform, any Rental Transaction, any interaction or communication with other Users, and the possession, use, or return of any Item.
16.2 Scope of BoRo’s Verification; No Reliance on Conduct
BoRo verifies the identity of every User in accordance with Section 3.4. That verification establishes that the person holding an account presented government-issued photographic identification and passed a liveness check. It establishes nothing further.
BoRo does not supervise, monitor, or control in-person or off-Platform interactions between Users. BoRo does not assess, guarantee, or make any representation as to the character, honesty, competence, judgment, or reliability of any User, nor as to the condition, quality, or suitability of any Item, nor as to the legality of any transaction. You do not rely upon BoRo for any assurance as to those matters, and all interactions between Users, including meetings, exchanges, and communications, occur at the Users’ own risk.
16.3 No Duty to Inspect
BoRo has no duty to inspect, test, audit, or certify any Item listed upon the Platform for safety, fitness for use, regulatory compliance, or absence of defects. BoRo makes no warranty that any Item 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 upon the Lender’s representations and warranties in Section 6.2.
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 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 UPON 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 OR ERROR, WILL BE SECURE OR FREE FROM VULNERABILITIES, OR THAT ANY TRANSACTION WILL BE COMPLETED SUCCESSFULLY.
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 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
BoRo has no liability 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, (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
To the maximum extent permitted by applicable law, BoRo’s total liability to you is subject to the following, applied in the order set out below.
| Tier 1 — Per-Transaction Cap | To the extent any liability arises directly from BoRo’s role in a specific Rental Transaction or in payment facilitation in connection with a specific Rental Transaction, such liability is limited to the Platform Fees actually retained by BoRo in connection with that transaction. |
| Tier 2 — Aggregate Cap | For all other claims, BoRo’s total cumulative 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, equity, or any other theory, shall not exceed the greater of five hundred United States dollars ($500.00) or the total Platform Fees paid by you to BoRo in the twelve (12) months preceding the event giving rise to the claim. |
THESE LIMITATIONS 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 limitations set out in this Section reflect a reasonable allocation of risk and are an essential element of the basis of the bargain between you and BoRo. They apply notwithstanding any failure of essential purpose of any remedy and survive to the fullest extent permitted by law.
18.5 Exceptions
Nothing in this Agreement limits or excludes BoRo’s liability for (a) death or personal injury caused by BoRo’s gross negligence or wilful 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 (the “BoRo Indemnitees”) from and against any 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, (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. BoRo may, at its own expense, assume the exclusive defence and control of any matter subject to indemnification by you, in which case you agree to cooperate. 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 arbitration, you agree to contact BoRo at [email protected] 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 within that period, either party may proceed to arbitration.
19.2 Agreement to Arbitrate
EXCEPT AS SET OUT 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 PROVISION.
19.3 Provider and Rules
Arbitration shall be administered by JAMS pursuant to the JAMS Comprehensive Arbitration Rules and Procedures, or, for claims under two hundred and fifty thousand dollars ($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. If JAMS is unavailable, arbitration shall be administered by the American Arbitration Association under its applicable rules.
19.4 Location; Award
Arbitration shall take place in Mecklenburg County, North Carolina, unless the parties agree a different location or virtual proceedings. The arbitrator’s award is final and binding and may be entered as a judgment in any court of competent jurisdiction.
19.5 Class Action and 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 AND BORO ALSO WAIVE ANY RIGHT TO TRIAL BY JURY.
19.6 Coordinated Filings
Where twenty-five (25) or more demands for arbitration raising substantially similar claims are filed against BoRo by or with the assistance of the same counsel or coordinated group, those demands shall be administered in sequential batches of no more than fifty (50). The parties shall select ten (10) demands from the first batch to proceed as bellwether arbitrations, and the remaining demands in that batch shall be stayed. Following the bellwether awards, the parties shall engage in a single global mediation before any further demand proceeds. All applicable limitation periods are tolled for any stayed demand. This Section is intended to reduce cost and delay for both parties and shall not be construed to deny any claimant access to arbitration.
19.7 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 that court’s jurisdiction, or (c) seek emergency relief pending the outcome of arbitration.
19.8 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 all JAMS administrative fees and arbitrator compensation for claims seeking ten thousand dollars ($10,000) or less, unless the arbitrator determines the claim was frivolous.
19.9 Governing Law; Venue
This Agreement and all matters arising out of or related hereto are governed by the laws of the State of North Carolina, without giving effect to any choice or conflict of law provision. For matters not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the State and federal courts located in Mecklenburg County, North Carolina, and irrevocably submit to the personal jurisdiction of those courts and waive any objection based upon improper venue or forum non conveniens.
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.
19.10 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.
19.11 Savings Clause; Survival
Nothing in this Section limits any non-waivable right under applicable law. To the extent required by law, arbitration procedures, costs, or requirements shall be modified to preserve enforceability. This Section survives termination of this Agreement.
20Taxes and Regulatory Compliance
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, (b) complying with all applicable laws, regulations, and reporting requirements, and (c) maintaining any licences, permits, or registrations required under applicable law.
BoRo may, where required or permitted by applicable law, collect and remit applicable sales and use taxes, report transaction data to governmental authorities, and issue tax forms or informational returns, including Internal Revenue Service Form 1099-K. Where BoRo collects sales or use tax, the amount is computed by reference to the location of the exchange and is displayed upon the booking screen before payment. Where BoRo is not required to collect such tax, no amount is added, and each User remains responsible for that User’s own position.
BoRo does not provide tax, legal, or accounting advice. Users are solely responsible for consulting their own advisers.
21Term, Suspension, and Termination
21.1 Term
This Agreement commences upon your first acceptance of it and remains in effect until terminated as provided herein.
21.2 Termination by You
You may terminate your account at any time by contacting BoRo at [email protected] or through the account settings feature upon the Platform. Termination does not relieve you of any outstanding obligation, including payment obligations, arising prior to termination.
21.3 Suspension or Termination by BoRo
BoRo may at any time suspend, restrict, or terminate a User’s access to the Platform, in its sole discretion exercised reasonably and in good faith, including for violation of this Agreement, suspected fraud or illegal activity, non-payment of amounts owed, conduct posing a risk to the safety of other Users or the Platform, or BoRo’s discontinuation of the Platform or any feature.
21.4 Effect of Termination
Upon termination, all rights granted to the User under these Terms immediately cease, including any place and benefit under Section 12A; and all obligations, liabilities, and rights accrued prior to termination remain in full force, including payment obligations and financial enforcement rights, BoRo Shield provisions, limitations of liability and disclaimers, indemnification obligations, dispute resolution provisions, and Trust and Safety enforcement rights.
22Force Majeure
BoRo shall not be liable for any failure or delay in performance arising out of circumstances beyond its reasonable control, including acts of God, natural disasters, or extreme weather events; war, terrorism, civil unrest, or public disturbance; governmental actions, orders, or restrictions; failures or disruptions of internet infrastructure, telecommunications, or utilities; cybersecurity incidents or system failures; pandemic or public health emergency; and outages or failures of Payment Providers or third-party services. Performance is excused for the duration of such events.
23General Provisions
23.1 Modifications
BoRo may 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 upon the Platform, sending an electronic mail to your registered address, or through in-application notification, at least thirty (30) days prior to the effective date of the material change. Your continued use of the Platform after the effective date of any modification constitutes your acceptance of the modified Terms. Every published version of these Terms bears a version number and an effective date.
23.2 Entire Agreement
These Terms, together with the Privacy Policy then in effect and any Hub Partner Agreement to which you are a party, 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, including any earlier version of these Terms displayed upon the BoRo website.
23.3 Severability
If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it valid and enforceable or, if it cannot be so modified, severed, and the remaining provisions shall continue in full force.
23.4 No Waiver
No failure or delay by BoRo in exercising any right, power, or remedy under these Terms operates as a waiver, nor does any single or partial exercise preclude any further exercise of that or any other right.
23.5 Assignment
BoRo may assign, transfer, or delegate its rights and obligations under these Terms without restriction, 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 without BoRo’s prior written consent, and any attempted assignment in violation of this provision is void.
23.6 No Third-Party Beneficiaries
These Terms are for the sole benefit of the parties and their permitted successors and assigns. Nothing herein confers upon any other person any legal or equitable right, benefit, or remedy.
23.7 Notices
All legal notices to BoRo shall be sent by certified mail, nationally recognized overnight courier, or confirmed electronic mail to: Aston Ventures Inc., d/b/a BoRo USA, 8 The Green, Ste. 23301, Dover, DE 19901, Attn: Legal Department; or [email protected]. Notices are deemed received upon confirmation of delivery if sent by certified mail, on the next business day if sent by overnight courier, or upon confirmed receipt if sent by electronic mail.
23.8 Electronic Communications
By using the Platform, you consent to receive electronic communications from BoRo, including notices, agreements, and disclosures, by electronic mail 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, which controls with respect to text messaging.
23.9 Mobile Application Stores
Users who access the Platform through the Apple App Store or Google Play Store acknowledge that additional terms of those platforms may apply. In the event of a conflict, these Terms control with respect to the BoRo Platform and Rental Transactions to the maximum extent permitted by applicable law.
23.10 Headings; Interpretation
Section headings are for convenience of reference only and do not affect interpretation. 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 is the controlling language for all purposes. Translations, if any, are provided for convenience only.
23.12 Survival
All provisions which by their nature should survive termination shall survive, including payment obligations and financial enforcement rights; BoRo Shield provisions; limitations of liability and disclaimers; indemnification obligations; dispute resolution, arbitration, and governing law provisions; Trust and Safety enforcement rights; and intellectual property provisions.
24Enforceability and Voluntary Agreement
24.1 Commercial Reasonableness
The parties acknowledge 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 that you have had the opportunity to review these Terms in their entirety and, if desired, to consult independent legal counsel prior to acceptance.
24.3 Electronic Assent
Acceptance of these Terms by electronic means, including through click-through acceptance or use of the Platform, constitutes 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, [email protected]. Support is available 8:00 a.m. to 10:00 p.m. Eastern Time, seven days a week.
For privacy inquiries: [email protected]. For security issues: [email protected].
For legal notices, copyright notices, 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; [email protected].
BY USING THE BORO PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.