Terms of Service

Last Updated: February 2, 2026 | Effective Date: February 2, 2026 | Version: 3.1

📋 CHANGES IN VERSION 3.1

Added Section 3.5 (Optional Protection Products) clarifying that protection waivers are not insurance

Added Section 14.5 (Optional Protection Products) safety disclaimers

Updated Section 15.5 with expanded consumer rights preservation (Australia, Canada, US)

Added Section 20.4 (Protection Product Governing Law) for multi-jurisdiction compliance

Added Australian Privacy Act compliance to Section 8.1

Added Protection Plan Terms to incorporated documents in Section 1.4

IMPORTANT LEGAL NOTICES

Please read these Terms of Service carefully before using RentalTide. By accessing or using our services, you agree to be legally bound by these terms. These terms contain important provisions including:

Binding arbitration agreement and jury trial waiver (Section 18)

Class action waiver - no class action lawsuits permitted (Section 18)

Liability limitation - maximum $100 CAD exposure (Section 15)

Platform-only status - we are not responsible for rental transactions (Section 4)

6-month claim deadline - legal claims must be filed within 6 months (Section 18)

Protection products are NOT insurance - optional waivers are contractual only (Section 3.5)

1. Agreement to Terms

1.1 Acceptance

By accessing, browsing, or using the RentalTide platform, website, mobile applications, APIs, or any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and all applicable laws and regulations.

1.2 Parties

These Terms constitute a legal agreement between:

RentalTide Inc. ("RentalTide," "Company," "we," "us," or "our"), a corporation incorporated in Delaware, United States, with additional registration in Canada, maintaining offices at 110 Didsbury Road, Ottawa, Ontario K2J 4T4, Canada and 1111B S Governors Ave STE 48363, Dover, DE 19904, United States
You ("User," "you," or "your"), whether acting individually or on behalf of an entity

1.3 Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated via:

Email notification to registered users
Prominent notice on our website
In-app notifications
Updated "Last Modified" date

Continued use of our Services after changes constitutes acceptance of modified Terms.

1.4 Additional Terms

These Terms incorporate by reference:

Privacy Policy - governing data collection and use
Cookie Policy - explaining tracking technologies
Acceptable Use Policy - defining prohibited activities
Provider Terms - additional terms for rental operators
Customer Terms - additional terms for renters
API Terms - governing programmatic access
Service Level Agreement - service commitments and remedies
Protection Plan Terms - governing optional protection products offered through the platform

2. Eligibility and Account Requirements

2.1 Age and Capacity

To use our Services, you must:

Be at least 18 years old (or age of majority in your jurisdiction)
Have legal capacity to enter into binding contracts
Not be barred from using our Services under applicable law
Provide accurate information during registration

2.2 Business Users

If using our Services for business purposes, you represent that:

You have authority to bind your organization
Your organization is validly organized and in good standing
You have all necessary licenses and permits
You comply with all applicable business regulations

2.3 Prohibited Users

You may not use our Services if you:

Are located in a sanctioned country or region
Appear on any government prohibited persons list
Have been previously banned from our platform
Are a competitor seeking to copy our services
Intend to use Services for illegal purposes

2.4 Account Security

You are responsible for:

Maintaining confidentiality of account credentials
All activities that occur under your account
Immediately notifying us of unauthorized access
Using strong passwords and enabling two-factor authentication
Not sharing accounts with others

3. Service Description

3.1 Platform Overview

RentalTide provides a Software-as-a-Service (SaaS) platform that enables:

Rental booking management for asset rental businesses
Payment processing through integrated payment systems
Customer relationship management tools
Inventory and asset management capabilities
Business analytics and reporting features
Hosted website services for rental operators
API access for third-party integrations

3.2 Target Industries

Our platform serves rental businesses including:

Watercraft and marine equipment rentals
Recreational vehicle and trailer rentals
Heavy equipment and construction tool rentals
Event and party equipment rentals
Outdoor recreation and sports equipment rentals
Other asset rental businesses

3.3 Service Components

Core Services:

Booking and reservation management system
Integrated payment processing (via Stripe)
Customer communication tools
Asset inventory tracking
Business reporting and analytics

Additional Services:

Hosted website creation and management
Custom domain configuration
Insurance integration services
Identity verification services
Digital waiver and contract management
Multi-language and multi-currency support

3.4 Third-Party Integrations

We integrate with third-party services including:

Stripe for payment processing and identity verification
Auth0 for authentication and security
AWS for cloud infrastructure and data storage
SendGrid for email communications
Twilio for SMS notifications
Other service providers as listed in our Sub-processors document

3.5 Optional Protection Products

⚠️ IMPORTANT: NOT INSURANCE

The optional protection products described below are contractual waivers and liability limitations only. They are NOT insurance products and are not regulated as insurance. If you require insurance coverage, consult with a licensed insurance professional.

Rental operators may offer optional protection products through our platform, which may include:

Damage Waiver:

Limits renter's financial responsibility for accidental damage to rental assets
Coverage limits and exclusions apply as specified at time of purchase
Does not cover intentional damage, gross negligence, or willful misconduct

Tow/Breakdown Waiver:

Covers towing expenses if rental becomes inoperable due to qualifying incidents
Requires prior operator approval before arranging services
Does not cover routine repositioning or operator error

Liability Waiver:

Limits operator's right to seek recovery from renter for certain third-party claims
Does NOT protect against direct third-party lawsuits or bodily injury claims
Does not apply to gross negligence, reckless behavior, or legal violations

Cancellation Protection:

Allows cancellation with fee waiver within specified timeframes
Non-refundable protection fee applies
Does not cover no-shows or late cancellations

Carbon Offset Contributions:

Voluntary environmental contribution program
Non-refundable allocation to verified offset projects
Does not affect other rental terms or protections

Key Limitations:

Protection products are offered by and contracted with rental operators, not RentalTide
Coverage amounts, exclusions, and terms vary by operator and jurisdiction
Amounts shown in USD, CAD, or AUD based on rental location
Nothing in these products excludes consumer rights that cannot be legally excluded
Gross negligence, willful misconduct, and fraud are never covered
These products do not limit liability for death or personal injury caused by negligence

Jurisdictional Compliance:

Products comply with applicable consumer protection laws including Australian Consumer Law, Canadian provincial consumer protection legislation, and U.S. state consumer protection laws
Local laws may provide additional rights not limited by these terms
Protection products are governed by the laws of the jurisdiction where the rental takes place

4. Platform-Only Status and Disclaimers

4.1 Technology Platform Only

RentalTide is exclusively a technology platform provider. We:

Do NOT own, operate, or control any rental assets
Are NOT a rental company or asset provider
Do NOT participate in rental transactions beyond payment processing
Are NOT responsible for the condition, safety, or legality of rental assets
Do NOT employ or supervise rental operators or their staff

4.2 Operator Independence

Rental operators ("Operators") using our platform:

Are independent businesses with their own terms and policies
Are solely responsible for their rental operations and customer service
Must comply with all applicable laws and regulations
Are responsible for asset maintenance, safety, and insurance
Control pricing, availability, and rental terms

4.3 No Warranties or Guarantees

We make no warranties or guarantees regarding:

Safety or condition of rental assets
Accuracy of asset descriptions or operator information
Availability of assets or booking confirmations
Quality of service provided by operators
Resolution of disputes between operators and customers
Compliance with laws by operators or customers

4.4 Customer Relationships

Rental customers ("Renters") have direct relationships with operators, not RentalTide:

Rental agreements are between operators and renters
Customer service is provided by operators
Dispute resolution occurs between operators and renters
Liability for rentals rests with operators, not RentalTide

5. User Responsibilities and Conduct

5.1 Lawful Use

You agree to use our Services only for lawful purposes and in compliance with:

All applicable local, provincial, state, federal, and international laws
Industry-specific regulations relevant to your business
Our Acceptable Use Policy and other platform policies
Terms and conditions of integrated third-party services

5.2 Accurate Information

You must provide and maintain accurate, current, and complete information including:

Account registration details (name, address, contact information)
Business information (licenses, permits, insurance details)
Financial information (bank accounts, tax identification)
Asset descriptions and rental terms (for operators)

5.3 Prohibited Activities

You may not:

Violate laws or regulations applicable to your use of our Services
Infringe intellectual property rights of others
Upload malicious content including viruses, malware, or harmful code
Spam or harass other users or send unsolicited communications
Attempt to hack or compromise platform security
Impersonate others or create fake accounts
Interfere with platform operations or other users' access
Use Services for competing platforms or reverse engineering

5.4 Content Standards

All content you upload or submit must:

Be accurate and truthful - no false or misleading information
Respect intellectual property - only use content you own or have rights to use
Be appropriate for all audiences - no adult content, violence, or hate speech
Comply with advertising standards - truthful and non-deceptive marketing
Meet legal requirements - comply with all applicable content regulations

5.5 Business Compliance

If you operate a rental business through our platform, you must:

Maintain proper licenses and permits for your business operations
Carry adequate insurance coverage for your rental activities
Comply with safety regulations and maintain assets in safe condition
Follow tax obligations and remit applicable taxes
Respect customer rights and handle disputes professionally
Maintain data privacy compliance for customer information

6. Payment Terms and Financial Obligations

6.1 Service Fees

Subscription Fees:

Monthly or annual subscription fees based on selected plan
Fees are non-refundable except as required by law
Automatic renewal unless cancelled before billing cycle

Transaction Fees:

Percentage of gross transaction volume processed
Flat fees for certain transaction types
Currency conversion fees for international transactions

Additional Service Fees:

Setup fees for custom implementations
Premium support and training fees
Third-party service integration fees

6.2 Payment Processing

Primary Processor: Stripe handles all payment processing
Supported Methods: Credit cards, debit cards, ACH transfers, digital wallets
Currency Support: Multiple currencies based on market availability
Processing Timeline: Standard settlement periods apply based on payment method

6.3 Billing and Collections

Automatic Billing: Recurring fees charged automatically to saved payment method
Failed Payments: Service suspension after failed payment attempts
Late Fees: May apply to overdue accounts per billing terms
Collections: Unpaid amounts may be sent to collection agencies

6.4 Refunds and Chargebacks

Service Fees: Generally non-refundable except for billing errors
Transaction Disputes: Handled according to payment processor policies
Chargeback Protection: Available for qualifying transactions
Dispute Resolution: Mediation available for billing disputes

6.5 Taxes and Compliance

Tax Responsibility: You are responsible for all applicable taxes
Tax Reporting: We may provide transaction reporting for tax purposes
International Compliance: Additional requirements may apply for cross-border transactions
Record Keeping: Maintain records for tax and regulatory compliance

7. Intellectual Property Rights

7.1 RentalTide IP Rights

RentalTide owns all rights, title, and interest in:

Platform Technology: Software, databases, algorithms, and systems
Trademarks and Branding: Company name, logos, and brand materials
Copyrighted Content: Documentation, marketing materials, and original content
Trade Secrets: Proprietary methods, processes, and business information
Patents: Any patented technology or innovations

7.2 Limited License to Users

We grant you a limited, non-exclusive, non-transferable license to:

Access and use our Services for legitimate business purposes
Use our APIs subject to API Terms and usage limits
Display our branding when required for proper platform integration
Access documentation for platform training and support

7.3 User-Generated Content

For content you upload or submit:

You retain ownership of your original content
You grant us license to use content for platform operations
You warrant ownership or proper authorization for all content
You indemnify us against any intellectual property claims

7.4 Intellectual Property Protection

We respect intellectual property rights and:

Respond to DMCA notices according to our DMCA Policy
Investigate infringement reports promptly and thoroughly
Remove infringing content when legally required
Terminate repeat infringers according to our policies

7.5 Feedback and Suggestions

Any feedback, suggestions, or ideas you provide to us:

Become our property without compensation to you
May be used freely for platform improvement
Are not confidential unless covered by separate agreement
Do not create obligations for us to implement or respond

8. Privacy and Data Protection

8.1 Privacy Commitment

We are committed to protecting your privacy and personal information according to:

Our comprehensive Privacy Policy
GDPR compliance for European users
CCPA compliance for California residents
PIPEDA compliance for Canadian users
Australian Privacy Act compliance for Australian users
Other applicable data protection laws

8.2 Data Collection and Use

We collect and use information to:

Provide and improve Services according to our business purposes
Process payments and prevent fraud
Communicate with users about services and support
Comply with legal obligations and regulatory requirements
Analyze usage patterns to enhance platform functionality

8.3 Data Sharing and Disclosure

We may share information with:

Service providers who assist in platform operations
Business partners for integration and service delivery
Legal authorities when required by law or legal process
Corporate transaction parties in case of merger or acquisition

8.4 International Data Transfers

Personal information may be transferred to and processed in:

Canada (our primary processing location)
United States (cloud services and business partners)
Other countries where our service providers operate All transfers are protected by appropriate legal safeguards.

8.5 Data Security

We implement comprehensive security measures including:

Encryption of data in transit and at rest
Access controls and authentication requirements
Regular security audits and vulnerability assessments
Incident response procedures for security breaches
Employee training on data protection requirements

9. Content and Community Standards

9.1 Content Moderation

We reserve the right to:

Review and moderate all user-generated content
Remove content that violates our policies
Suspend accounts for policy violations
Report illegal content to appropriate authorities

9.2 Community Guidelines

Our platform community must:

Treat others with respect and professionalism
Provide honest and accurate information in all communications
Resolve disputes constructively and in good faith
Report violations and inappropriate behavior
Maintain professional standards in all business interactions

9.3 Content Ownership and Licensing

User content remains owned by users who create it
Users grant us license to display and distribute content through the platform
We respect copyright and respond to valid infringement claims
Users are responsible for obtaining necessary rights for their content

10. Third-Party Services and Integrations

10.1 Third-Party Dependencies

Our Services integrate with third-party providers including:

Stripe for payment processing and financial services
Auth0 for identity and access management
AWS for cloud infrastructure and data storage
Various APIs for additional functionality and features

10.2 Third-Party Terms

Your use of integrated third-party services is subject to:

Their respective terms of service and privacy policies
Additional fees or charges they may impose
Service availability and performance standards they maintain
Their customer support and dispute resolution processes

10.3 Third-Party Availability

We are not responsible for:

Availability or performance of third-party services
Changes to third-party terms or pricing
Data security practices of third-party providers
Disputes between you and third-party providers

10.4 Integration Changes

We may:

Add new integrations to enhance platform functionality
Remove integrations that no longer meet our standards
Modify integration terms with advance notice to users
Provide alternatives when possible for discontinued integrations

11. Service Availability and Maintenance

11.1 Service Level Commitments

We strive to maintain high service availability as detailed in our Service Level Agreement, including:

Uptime targets based on service tier
Performance standards for response times
Support response times for different issue priorities
Service credits for failing to meet commitments

11.2 Scheduled Maintenance

We may perform scheduled maintenance:

During off-peak hours when possible (typically 2-4 AM ET)
With advance notice of at least 48 hours for major maintenance
Limited to necessary updates and infrastructure improvements
With service restoration as quickly as possible

11.3 Emergency Maintenance

For security or critical issues, we may perform emergency maintenance:

Without advance notice when necessary to protect platform security
With real-time communication through status pages and notifications
Minimizing disruption and restoring service as quickly as possible
Post-incident reports explaining the issue and resolution

11.4 Service Limitations

Our Services may be temporarily unavailable due to:

Infrastructure failures beyond our control
Third-party service outages affecting platform functionality
Internet connectivity issues affecting access
Force majeure events including natural disasters and emergencies

12. Account Termination and Data Retention

12.1 Termination by User

You may terminate your account:

At any time through account settings or customer support
With immediate effect for month-to-month subscriptions
At end of billing period for annual subscriptions
Subject to final billing for any outstanding amounts

12.2 Termination by RentalTide

We may terminate or suspend accounts for:

Violation of these Terms or platform policies
Illegal activities or fraudulent behavior
Non-payment of fees or charges
Extended inactivity with advance notice
Business or legal reasons requiring account closure

12.3 Effect of Termination

Upon account termination:

Service access ends immediately unless otherwise specified
Data export opportunities provided for reasonable period
Outstanding obligations survive termination
Certain provisions continue to apply post-termination

12.4 Data Retention and Deletion

After termination:

Active data deletion within 90 days unless legal retention required
Backup data removal according to standard backup rotation
Legal retention for required periods (typically 7 years for financial data)
User data export available upon request during retention period

13. Compliance and Legal Obligations

13.1 Regulatory Compliance

Users must comply with all applicable regulations including:

Business licensing requirements in their jurisdiction
Tax obligations for business operations and transactions
Safety regulations for rental equipment and operations
Environmental laws affecting business operations
Consumer protection laws governing customer relationships

13.2 Anti-Money Laundering (AML)

We implement AML measures including:

Customer identification and verification procedures
Transaction monitoring for suspicious activities
Record keeping for regulatory compliance
Reporting obligations to relevant authorities when required

13.3 Know Your Customer (KYC)

KYC procedures include:

Identity verification for account holders
Business verification for commercial accounts
Ongoing monitoring of account activities
Enhanced due diligence for high-risk accounts

13.4 International Compliance

For international operations:

Export control compliance for cross-border transactions
Sanctions screening against prohibited parties lists
Currency regulations compliance for international payments
Data localization requirements where applicable

14. User Safety and Security

14.1 Platform Security

We implement security measures including:

Multi-factor authentication for account protection
Encryption of sensitive data and communications
Regular security audits and vulnerability assessments
Incident response procedures for security events
Security training for employees with access to user data

14.2 User Security Responsibilities

Users must:

Maintain secure passwords and authentication credentials
Report security incidents immediately to our support team
Keep software updated including browsers and applications
Use secure networks and avoid public Wi-Fi for sensitive operations
Monitor accounts for unauthorized activity

14.3 Fraud Prevention

We employ fraud prevention measures including:

Transaction monitoring for unusual patterns
Risk scoring algorithms for payment processing
Identity verification for high-risk transactions
Chargeback protection programs for qualified merchants

14.4 Safety Disclaimers

Important Safety Notice: RentalTide is not responsible for:

Physical safety of rental equipment or operations
Insurance coverage for rental activities
Compliance with safety regulations by operators
Accident prevention or emergency response
Equipment maintenance or safety inspections

14.5 Optional Protection Products

Important Notice Regarding Protection Products:

Optional protection products (damage waivers, tow waivers, liability waivers, cancellation protection) offered through our platform are NOT INSURANCE
These are contractual limitations of liability between renters and rental operators
Protection products do not provide insurance coverage and are not regulated as insurance products
Renters requiring insurance coverage should consult with a licensed insurance professional
Protection product terms, coverage limits, and exclusions are set by individual operators
RentalTide does not guarantee or warrant any protection product coverage
Gross negligence, willful misconduct, and violations of rental agreements are never covered

15. Limitation of Liability

15.1 Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING:

MERCHANTABILITY or fitness for a particular purpose
NON-INFRINGEMENT of third-party rights
UNINTERRUPTED OR ERROR-FREE operation
ACCURACY OR COMPLETENESS of information
SECURITY of data transmission or storage

15.2 Exclusion of Damages

WE SHALL NOT BE LIABLE FOR ANY:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, or punitive damages
LOSS OF PROFITS, REVENUE, DATA, or business opportunities
BUSINESS INTERRUPTION or loss of goodwill
THIRD-PARTY CLAIMS arising from your use of our Services
FORCE MAJEURE EVENTS beyond our reasonable control

15.3 Maximum Liability Cap

MAXIMUM LIABILITY: Our total aggregate liability for all claims shall not exceed the lesser of:

CAD $100 (One Hundred Canadian Dollars), or
Total fees paid by you in the 12 months preceding the claim

This limitation applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise).

15.4 Essential Service Failures

Even for essential service failures, our liability is limited to:

Service credits as specified in our Service Level Agreement
Refund of fees for the affected service period
No additional compensation beyond these contractual remedies

15.5 Jurisdictional Variations and Consumer Rights

Consumer Rights Preservation:

Nothing in these Terms excludes or limits any consumer rights that cannot be excluded or limited under applicable law. This includes but is not limited to:

Australian Consumer Law - guarantees under the Competition and Consumer Act 2010
Canadian Consumer Protection - provincial consumer protection legislation including Ontario's Consumer Protection Act, Quebec's Consumer Protection Act, and equivalent legislation in other provinces
United States Consumer Protection - applicable state consumer protection laws and FTC regulations

Liability Limitations:

Where local law prohibits limitation of liability for certain damages:

Limitations apply to the maximum extent permitted by law
Death or personal injury caused by negligence cannot be excluded
Fraud or fraudulent misrepresentation cannot be limited
Gross negligence or willful misconduct limitations may not apply
Alternative dispute resolution may be required in certain jurisdictions
Local consumer protection laws may provide additional rights beyond these Terms

16. Indemnification

16.1 User Indemnification Obligations

You agree to indemnify, defend, and hold harmless RentalTide, its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or relating to:

Business Operations:

Your rental business operations and customer interactions
Equipment provided through your rental business
Violations of safety regulations or industry standards
Employment practices and worker compensation issues
Environmental compliance and remediation costs

Platform Usage:

Your use or misuse of our Services
Violation of these Terms or our policies
Infringement of intellectual property rights
Privacy law violations or data breaches
Fraudulent or illegal activities

Customer Relationships:

Disputes with your customers or renters
Accidents or injuries during rental periods
Property damage caused by your equipment
Failure to provide adequate insurance coverage
Misrepresentation of services or equipment

16.2 Defense and Settlement

We may assume defense of any claim subject to indemnification
You must cooperate fully in the defense of any claim
No settlement without consent unless required by law
Immediate notification required of any potential claims

16.3 Limitations on Indemnification

Your indemnification obligations are subject to:

Prompt notification by us of any claims
Reasonable cooperation in defense efforts
No admission of liability without your consent
Mitigation of damages where reasonably possible

17. Force Majeure

17.1 Force Majeure Events

Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including:

Natural Disasters:

Earthquakes, floods, hurricanes, and severe weather
Wildfires, volcanic eruptions, and other natural catastrophes
Pandemics, epidemics, and public health emergencies

Human-Caused Events:

Wars, terrorism, and civil unrest
Government actions, sanctions, and regulatory changes
Labor strikes and work stoppages
Cyber attacks and infrastructure failures

Technical Failures:

Internet backbone failures
Power grid outages
Telecommunications disruptions
Third-party service provider failures

17.2 Force Majeure Procedures

During force majeure events:

Immediate notification to affected parties
Reasonable efforts to minimize impact and restore service
Alternative solutions provided when possible
Regular updates on restoration progress

17.3 Extended Force Majeure

If force majeure continues for more than 60 days:

Either party may terminate the agreement with written notice
Pro-rated refunds provided for prepaid services
No liability for termination due to extended force majeure
Resumption of services when conditions permit

18. Dispute Resolution and Arbitration

⚠️ IMPORTANT ARBITRATION NOTICE

YOU ARE AGREEING TO RESOLVE DISPUTES THROUGH BINDING ARBITRATION INSTEAD OF COURT PROCEEDINGS. YOU ARE ALSO WAIVING YOUR RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS.

18.1 Mandatory Arbitration

All disputes arising from or relating to these Terms, your use of our Services, or your relationship with RentalTide shall be resolved exclusively through binding arbitration, except for:

Claims in small claims court within jurisdictional limits
Injunctive relief for intellectual property infringement
Emergency relief for account security issues

18.2 Arbitration Organization

Arbitration shall be administered by:

ADR Institute of Canada under their Commercial Arbitration Rules
Single arbitrator selected according to Institute procedures
Location: Ottawa, Ontario, Canada (unless parties agree otherwise)
Language: English (with translation services if needed)

18.3 Arbitration Procedures

Informal resolution must be attempted for 60 days before arbitration
Written demand required specifying claims and requested relief
Discovery limited to information directly relevant to claims
Expedited procedures available for claims under CAD $10,000

18.4 Class Action Waiver

YOU EXPRESSLY WAIVE ANY RIGHT TO PARTICIPATE IN CLASS ACTION LAWSUITS, REPRESENTATIVE ACTIONS, OR CLASS-WIDE ARBITRATION AGAINST RENTALTIDE.

Claims must be brought individually
No consolidation with other claims or parties
No representative capacity for other users
Waiver survives termination of these Terms

18.5 Arbitration Costs

Filing fees split equally between parties
Arbitrator fees paid according to ADR Institute rules
Attorney fees paid by respective parties unless awarded by arbitrator
Fee advances may be required before proceedings begin

18.6 Jury Trial Waiver

YOU WAIVE ANY RIGHT TO TRIAL BY JURY for any disputes covered by this arbitration agreement.

18.7 Opt-Out Period

You may opt out of this arbitration agreement by:

Sending written notice to legal@rentaltide.com
Within 30 days of first accepting these Terms
Including your name and clear statement of opt-out intent
Using subject line: "Arbitration Opt-Out Request"

18.8 Severability

If any portion of this arbitration agreement is deemed unenforceable:

Remaining portions continue in full effect
Unenforceable portions modified to extent necessary for enforcement
Class action waiver remains effective even if arbitration is unavailable

19. Statute of Limitations

19.1 Claim Deadline

YOU MUST COMMENCE ANY LEGAL ACTION OR ARBITRATION PROCEEDING WITHIN SIX (6) MONTHS after the cause of action accrues, regardless of when you discover the claim.

19.2 Accrual of Claims

Claims accrue:

Contract claims: When breach occurs or performance is due
Service claims: When service failure or interruption occurs
Payment claims: When payment becomes due or dispute arises
Privacy claims: When alleged privacy violation occurs

19.3 Waiver of Longer Periods

By using our Services, you waive any right to rely on longer statutory limitation periods that might otherwise apply.

20. Governing Law and Jurisdiction

20.1 Governing Law

These Terms shall be governed by and construed in accordance with:

Federal laws of Canada for matters of federal jurisdiction
Laws of the Province of Ontario without regard to conflict of law principles
International treaties to which Canada is a party (where applicable)

20.2 Jurisdiction for Non-Arbitrable Claims

For claims not subject to arbitration:

Exclusive jurisdiction in courts of Ottawa, Ontario, Canada
Personal jurisdiction consented to by using our Services
Venue proper in Ottawa unless otherwise required by law

20.3 International Users

Users located outside Canada acknowledge:

Canadian law governs these Terms regarding your use of the RentalTide platform
Local laws may provide additional protections that cannot be excluded
Conflicts between local and Canadian law resolved in favor of greater user protection
Currency conversions based on applicable central bank rates

Special Provisions for Specific Jurisdictions:

United States Users:

Federal and state consumer protection laws apply in addition to these Terms
State-specific arbitration and dispute resolution requirements may supersede Section 18
Sales tax and regulatory compliance obligations vary by state

Australian Users:

Australian Consumer Law guarantees apply and cannot be excluded
Unfair contract term provisions under the Competition and Consumer Act 2010 apply
Privacy Act 1988 requirements apply to personal information handling

20.4 Protection Product Governing Law

Notwithstanding the above, optional protection products (damage waivers, tow waivers, liability waivers, cancellation protection) offered through the platform are governed by:

The laws of the jurisdiction where the rental takes place
Applicable consumer protection laws of that jurisdiction
Local insurance regulations (to the extent applicable to non-insurance products)
Terms set by the individual rental operator offering the protection product

This ensures renters receive the consumer protections available in their rental location regardless of where RentalTide is headquartered.

21. Miscellaneous Provisions

21.1 Entire Agreement

These Terms, together with incorporated policies and agreements, constitute the entire agreement between you and RentalTide, superseding all prior negotiations, representations, or agreements relating to the subject matter.

21.2 Severability

If any provision of these Terms is deemed invalid, illegal, or unenforceable:

Remaining provisions continue in full force and effect
Invalid provisions modified to the minimum extent necessary for enforceability
Intent preserved to the greatest extent possible

21.3 No Waiver

Our failure to enforce any provision does not constitute a waiver of:

Future enforcement of that provision
Other provisions in these Terms
Legal rights under applicable law

21.4 Assignment

You may not assign these Terms without our written consent
We may assign these Terms in connection with mergers, acquisitions, or asset sales
Assignments bind successors and permitted assigns

21.5 Headings

Section headings are for convenience only and do not affect the interpretation of these Terms.

21.6 Survival

The following provisions survive termination of these Terms:

Intellectual property rights
Limitation of liability and disclaimers
Indemnification obligations
Arbitration agreement
Governing law and jurisdiction

21.7 Electronic Communications

You consent to receive communications electronically and agree that electronic communications satisfy any legal requirements for written communications.

21.8 Language

These Terms are drafted in English. Any translations are provided for convenience only, and the English version controls in case of conflicts.

22. Contact Information

22.1 General Inquiries

RentalTide Inc. 110 Didsbury Road, Ottawa, Ontario K2J 4T4, Canada, 1111B S Governors Ave STE 48363, Dover, DE 19904, United States Phone: 888-709-2650 Email: hello@rentaltide.com

22.2 Legal and Compliance

Legal Department: legal@rentaltide.com
Terms Questions: terms@rentaltide.com
Privacy Matters: privacy@rentaltide.com
Compliance Issues: compliance@rentaltide.com

22.3 Dispute Resolution

Arbitration Notices: legal@rentaltide.com
Arbitration Opt-Out: legal@rentaltide.com
Informal Resolution: disputes@rentaltide.com

22.4 Business Hours

Phone Support: Monday-Friday, 9:00 AM - 6:00 PM ET
Email Support: 24/7 (response within 24 hours)
Emergency Issues: 888-709-2650 (24/7 for critical security matters)

Acceptance Acknowledgment: By using RentalTide Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree with any part of these Terms, you must discontinue use of our Services immediately.

These Terms of Service incorporate and should be read together with our Privacy Policy, Acceptable Use Policy, Protection Plan Terms, and other platform policies available at www.rentaltide.com/legal.