Terms of Service

1. Acceptance and Eligibility

BuyRentBorrow™ ("BRB," "the Service," "we," or "us") is a peer-to-peer marketplace operated by Atrilux LLC. By creating an account or using the Service, you agree to these Terms of Service and to our Prohibited Items policy, which is part of this agreement.

To use BRB, you must:

• Be at least 18 years old. The Service is not intended for minors. If you are under 18, do not create an account.
• Be legally able to enter into binding contracts in your jurisdiction.
• Not be a person with whom transactions are prohibited under U.S. economic or trade sanctions.
• Provide accurate registration information and keep it current.

You confirm these eligibility requirements when you check the "I am at least 18 years old" box at signup. Submitting false information about your eligibility is grounds for immediate account termination.

2. About the Service

BRB is a marketplace that connects users who want to:

• Buy or sell items outright
• Rent items for a defined period in exchange for payment
• Borrow items for a defined period at no charge
• Give items as one-way gifts at no charge

Atrilux LLC is not a party to any transaction between users. We do not own, inspect, take possession of, or transport any item listed on the Service. We do not guarantee the existence, quality, safety, legality, or condition of any item; the truth, accuracy, or completeness of any listing; or the ability or willingness of users to complete any transaction. Our role is limited to operating the platform that facilitates connections between users.

You acknowledge that BRB transactions typically involve in-person meetings between users. You assume all risk of such meetings. We strongly encourage meeting in well-lit, public locations and not sharing personal address details until after a transaction is confirmed.

3. Your Account

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Do not share your password with anyone. Notify us immediately at support@atrilux.com if you believe your account has been accessed without your authorization.

You may create only one personal account. You may not transfer your account to another person. You may not use the Service to operate as an agent or proxy for another person without our prior written consent.

You may close your account at any time. Closing your account does not relieve you of obligations incurred before closure (including payment obligations and obligations to complete transactions already accepted or in progress).

4. Listings and Conduct

When you list an item or interact with other users, you agree that:

• You will list only items you own and have the right to sell, rent out, lend, or give.
• You will accurately describe the item, its condition, and any defects you are aware of.
• You will not list items that are prohibited under our Prohibited Items policy or under any applicable law.
• You will honor commitments you make: deliver items you sell, provide items you rent out for the agreed period, return items you borrow in their original condition, and not retract a gift after the recipient has accepted it.
• You will treat other users with respect. Harassment, discrimination, threats, and abusive language are grounds for account termination.
• You will not use the Service for unlawful purposes, including but not limited to fraud, money laundering, or circumventing applicable export controls.
• You will not interfere with the Service's operation, attempt to access non-public areas of our systems, or use automated means (bots, scrapers) to access the Service without our prior written permission.

We may remove listings, suspend accounts, or terminate accounts at our discretion for violation of these Terms or for any other reason we believe protects the Service and its users. Where possible we will provide a reason; in cases involving suspected fraud or risk to other users, we may act without prior notice.

5. Sales

When you complete a sale through BRB:

• Payment is processed by Stripe, Inc. The buyer pays the listed price; BRB collects a platform fee from the seller's portion; the remainder is transferred to the seller's connected Stripe account, less Stripe's own processing fees.
• Ownership of the item transfers to the buyer at the point of physical handoff. Until handoff, the item remains the seller's responsibility.
• Refunds, returns, and exchanges are at the discretion of the seller and the buyer. BRB does not currently offer a money-back guarantee program.
• The seller is responsible for any applicable sales tax collection and remittance.

6. Rentals (including Deposit Authorization)

When you rent out an item or rent an item from another user through BRB:

• The rental fee is charged at the time of checkout for the agreed rental period.
• The renter is responsible for picking up the item at the start of the rental period and returning it in the same condition at the end of the period.
• The owner retains ownership of the item throughout the rental period.
• If a Maximum Duration is specified by the owner, the renter agrees not to extend the rental beyond that period without the owner's written consent.
• Disputes about return condition (e.g., damage, missing components) are first to be resolved between the parties through the Service's messaging system. BRB does not arbitrate rental disputes but may suspend accounts that demonstrate repeated bad-faith conduct.

Refundable Deposit Pre-Authorization

If a rental listing specifies a refundable deposit, the renter agrees, by completing the rental checkout, to the following:

• The deposit amount displayed at checkout is not charged at the time of checkout. Only the rental fee is charged at checkout.
• The renter authorizes BRB and Stripe, Inc. to charge the renter's saved payment method, on an off-session basis, for up to the full deposit amount if the owner reports damage to the item, failure to return the item, or return in a condition materially worse than at the start of the rental, after the rental period ends.
• The owner must file any deposit claim within seven (7) days after the scheduled rental end date. Claims filed after this seven-day window will not be processed by BRB. The owner has a single opportunity to file one claim per rental; the claim must include all damage or non-return items the owner intends to recover from the deposit.
• This authorization to charge applies for ninety (90) days after the scheduled rental end date, to allow time for claim review, dispute resolution, and processing. BRB will not charge the deposit without first notifying the renter and providing at least forty-eight (48) hours to respond.
• If the renter disputes a deposit claim, the renter and owner will attempt to resolve the dispute through the Service's messaging system. If unresolved after fourteen (14) days, BRB may, at its discretion, hold or release the deposit pending further investigation. BRB's decisions in deposit disputes are non-binding on either party's rights under applicable law.
• The deposit authorization does not waive the renter's right to dispute a charge with their card issuer or to pursue legal remedies. It is a contractual basis for BRB to initiate the charge.

Fair Wear and Tear; What a Deposit Claim May Cover

A refundable deposit exists to protect an owner against damage, loss, or non-return — not against the ordinary effects of an item being used as intended. By listing an item for rent, the owner acknowledges that normal use causes normal wear, and that such wear is a cost of renting the item out, not a basis for a deposit claim.

A deposit claim may be filed for:

• Damage beyond normal wear and tear — for example, breakage, cracks, dents, tears, water or fire damage, or impairment of the item's function — caused by misuse, neglect, accident, or abuse during the rental period.
• Failure to return the item, or return of an item materially different from the one rented.
• Missing parts, components, accessories, or packaging that were included at the start of the rental and were not identified as consumable.
• Cleaning or repair reasonably necessary to restore the item to the condition it was in at the start of the rental, excluding ordinary wear.

A deposit claim may not be filed for:

• Normal wear and tear. Cosmetic wear, scuffing, fading, minor scratches, and the gradual reduction in condition that results from an item being used for its intended purpose do not constitute damage.
• Consumables and wear parts. Items or components that are expected to be depleted, dulled, or worn down through normal use — for example, saw blades, sandpaper, drill bits, grinding discs, filters, batteries, bulbs, fuel, ink, ribbons, or similar — are presumed to be the renter's responsibility to replace only where the listing expressly says so, and are otherwise treated as a cost the owner has accounted for in the rental price. An owner may not claim against the deposit for the ordinary depletion of a consumable unless the listing clearly stated, before checkout, that the renter must return the item with that consumable replaced or in equivalent condition.
• Pre-existing damage or condition. Any damage or wear that existed before the rental began. Owners are responsible for accurately representing an item's condition in the listing. If an item is rented with a worn or near-end-of-life consumable (for example, an already-dull blade), its continued wear during the rental is not a claimable loss.
• Depreciation. The general decline in an item's market value over time or with use.

Owners are strongly encouraged to document an item's condition (including photographs) at the start and end of a rental, and to state clearly in the listing any expectation that the renter replace a consumable. Where a listing is silent, the presumptions above apply. BRB may decline, reduce, or reverse any deposit claim that, in its reasonable judgment, seeks to recover for normal wear, consumable depletion, pre-existing condition, or depreciation.

7. Borrows and Gifts

Borrows

When you borrow an item through BRB:

• No money changes hands. The owner is lending the item at no charge as a community gesture.
• You are obligated to return the item in its original condition by the agreed return date.
• If the owner sets a Maximum Duration, you may not extend beyond that period without consent.
• If you damage or fail to return a borrowed item, you may be liable to the owner for its replacement value under applicable state law. BRB does not act as a guarantor of borrow obligations.

Gifts

When you offer or claim a gift through BRB:

• The transfer is one-way and final. Once the recipient accepts the gift and takes physical possession, ownership transfers to the recipient permanently.
• If pickup does not occur, the owner may relist the item. The recipient does not have a right to compel delivery of a gift.
• Gifts are not refundable, returnable, or exchangeable.

8. Payments and Fees

Payments on BRB are processed by Stripe, Inc. By using BRB's payment features, you also agree to Stripe's Services Agreement. To receive payouts as a seller or rental owner, you must complete Stripe Connect onboarding and provide the information Stripe requires by law for identity verification and tax reporting.

BRB charges a platform fee on each paid transaction:

• A flat fee of $1.00 per transaction, plus
• 5% of the gross transaction amount.

The platform fee is deducted from the seller's or rental owner's portion. The buyer pays only the listed price. Stripe's own processing fees are also deducted from the seller's portion.

You are solely responsible for reporting income from transactions on BRB to applicable tax authorities. Stripe may issue tax forms (1099-K or equivalent) when payout thresholds are met; we will provide reasonable assistance with tax-related records on request.

We may change our fee structure at any time. Fee changes will be posted at least fourteen (14) days in advance for existing users.

9. Content You Provide

You retain ownership of the content you post on BRB (descriptions, photos, messages, reviews). By posting content, you grant Atrilux LLC a non-exclusive, royalty-free, worldwide license to use, display, reproduce, and distribute that content in connection with operating and promoting the Service.

You represent that you have the right to post any content you upload, and that your content does not infringe any third party's rights or violate any law.

BRB may scan and analyze the content of messages sent through the Service to detect fraud, harassment, prohibited content, or policy violations. By using the messaging system, you consent to this scanning.

If you believe content on BRB infringes your copyright or other intellectual property rights, contact us at support@atrilux.com with details and we will investigate.

10. Disputes Between Users

BRB facilitates connections between users; we are not a mediator or arbitrator of disputes between users. If a dispute arises between you and another user, you agree to:

• First attempt to resolve the dispute directly through the Service's messaging system in good faith.
• If unresolved, pursue remedies available under applicable law (small claims court, mediation, etc.). BRB is not a party to such disputes.
• Release Atrilux LLC, its officers, employees, and agents from any claims, demands, and damages arising from disputes with other users.

BRB reserves the right, but not the obligation, to intervene in user disputes for the purpose of protecting the integrity of the Service. Any intervention is at our discretion and does not establish a duty to intervene in other disputes.

11. Disclaimers and Limitation of Liability

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ATRILUX LLC DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR- FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF OTHER USERS, FOR THE QUALITY, SAFETY, OR LEGALITY OF ITEMS LISTED ON THE SERVICE, OR FOR DAMAGES ARISING FROM IN-PERSON MEETINGS BETWEEN USERS.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ATRILUX LLC FOR ANY CLAIM ARISING FROM YOUR USE OF THE SERVICE IS LIMITED TO THE GREATER OF (a) THE TOTAL FEES YOU PAID TO ATRILUX LLC IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE HUNDRED U.S. DOLLARS ($100). IN NO EVENT WILL ATRILUX LLC BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

Some jurisdictions do not allow exclusion of implied warranties or limitation of certain damages; in such jurisdictions, the above limitations apply only to the extent permitted by law.

12. Indemnification

You agree to indemnify, defend, and hold harmless Atrilux LLC, its officers, directors, employees, and agents from and against any claim, demand, loss, damage, cost, or expense (including reasonable attorneys' fees) arising out of or related to:

• Your use of the Service;
• Your violation of these Terms;
• Your violation of any law or the rights of any third party;
• Content you post on the Service; or
• Any transaction between you and another user.

13. Legal Disputes Between You and Us

If you have a dispute with Atrilux LLC arising from your use of the Service, we first ask that you contact us at support@atrilux.com and attempt to resolve the matter informally. We will work in good faith to find a reasonable resolution within thirty (30) days.

If informal resolution is unsuccessful, any unresolved dispute will be resolved as follows:

• These Terms are governed by the laws of the State of California, without regard to its conflict-of-laws principles.
• Any legal action must be brought in the state or federal courts located in San Diego County, California, and you consent to the personal jurisdiction of those courts.
• You and Atrilux LLC each waive any right to a jury trial in any such action.

14. Changes to These Terms

We may update these Terms from time to time. When we make material changes, we will:

• Update the Version number and Effective Date at the top of this page;
• Notify users by email and through an in-Service banner;
• Provide at least thirty (30) days' notice before material changes take effect.

If you do not agree to the updated Terms, you may close your account before the effective date. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

For users who agreed to a prior version of these Terms (for example, Version 1.0), we prompt re-acceptance when a new version is published. Each acceptance is recorded with a timestamp and the version accepted, and we retain a complete copy of every published version so that the exact terms you agreed to can always be retrieved.

15. General

If any part of these Terms is held to be invalid or unenforceable, the remaining provisions remain in full effect. Our failure to enforce any provision is not a waiver of our right to enforce it later.

These Terms, together with our Prohibited Items policy, constitute the entire agreement between you and Atrilux LLC regarding the Service, and supersede any prior agreements.

We may assign these Terms in connection with a merger, acquisition, or sale of assets. You may not assign your rights or obligations under these Terms without our written consent.

Nothing in these Terms creates an agency, partnership, joint venture, or employment relationship between you and Atrilux LLC.

16. Contact

Questions, concerns, or notices regarding these Terms?

• Email: support@atrilux.com
• Operated by: Atrilux LLC