Terms of Service

    General terms and conditions for using RentalTide

    Terms of Service

    Last Updated: September 15, 2026 | Effective Date: September 15, 2026 for new users, and October 15, 2026 for users who accepted an earlier version | Version: 3.7

    📋 CHANGES IN VERSION 3.7

    This version tightens the agreement following legal review. The main changes:

    • Section 1.3 (Modifications): notice of a change may be given by any one of the listed methods. Non-material changes take effect on posting. A new Section 1.5 (Order of Precedence) says which document wins when two conflict.
    • Section 3.5 (Optional Protection Products): RentalTide no longer represents that operator protection products comply with consumer law. Operators are responsible for the products they sell.
    • Section 3.7 (Reserve & Pay): RentalTide may recover an advanced amount from the operator when the booking is cancelled, refunded, or charged back, and may cancel a booking whose scheduled payment fails.
    • New Section 3.8 (Recommendations, Analytics, and AI Features) and Section 4.5 (No Guarantee of Results): pricing suggestions, forecasts, and similar outputs are informational only. RentalTide does not guarantee bookings, revenue, or savings.
    • Section 6 (Payment Terms): fees may change on 30 days' notice, fee disputes must be raised within 30 days of the charge, and RentalTide may hold reserves and delay payouts to manage risk. Chargeback protection and billing mediation are offered at RentalTide's discretion. Operators must accept the Stripe Connected Account Agreement.
    • Section 7 (Intellectual Property): the licence you grant RentalTide over your content is now worldwide, royalty-free, and sublicensable to our service providers, and includes a limited right to identify you as a customer (you may opt out). All rights not expressly granted are reserved. New Section 7.6 (Restrictions) consolidates the prohibited uses of the platform.
    • Sections 8.4, 8.5, 11, 12, 14, and 17: obligations written as absolute promises (security audits, 48-hour maintenance notice, post-incident reports, alternative integrations, force majeure updates) are now commercially reasonable efforts.
    • Section 12 (Termination): RentalTide may suspend immediately for risk or legal reasons and may terminate for convenience on 30 days' notice, without liability. Data export is available for 30 days after termination.
    • Section 15 (Limitation of Liability): the cap now covers both RentalTide companies and all affiliates together, and applies even if a remedy fails of its essential purpose. New exclusions for third-party services, unauthorized account access, and your content.
    • Section 16 (Indemnification): RentalTide controls the defence of indemnified claims. A delay in notifying you only relieves you to the extent you were actually prejudiced.
    • Section 17 (Force Majeure): force majeure never excuses payment obligations, and the extended-event refund is limited to the unused portion of prepaid subscription fees.
    • Section 18 (Dispute Resolution): the Federal Arbitration Act governs the US arbitration agreement, the arbitrator is bound by these Terms, proceedings are confidential, claims under CAD $25,000 are decided on documents, and a mass-arbitration protocol applies. RentalTide may pursue unpaid fees in any court of competent jurisdiction.
    • Section 19 (Limitation Period): the six-month period does not apply to RentalTide's claims for unpaid amounts or to claims that by law cannot be shortened.
    • Section 20 (Governing Law): removed the statement that conflicts are resolved in favour of greater user protection, and the statement that state arbitration rules may supersede Section 18. Small-claims venue at your location is limited to consumers.
    • Section 1.2 (Parties): the Canadian contracting company is now named. It is RentalTide Inc., a Canadian corporation (Business Number 783525165), referred to as RentalTide Inc. (Canada) to distinguish it from RentalTide Inc. (Delaware). The two companies share a name but are separate legal persons.
    • New Section 20.5 (Australian Small Business Customers): a set of overrides for Australian customers covered by the unfair contract terms regime in the Australian Consumer Law. For those customers, fee and material changes carry a right to exit with a pro-rata refund, suspension and termination for cause require notice and a cure period, the indemnity is proportionate and excludes losses we cause, the liability cap is the fees paid in the prior 12 months, the six-month limitation period does not apply, annual renewals carry 30 days' notice, and arbitration is seated in Sydney under ACICA rules. Section 20.5 prevails over the rest of these Terms and over the Provider Terms for those customers.
    • Section 21 (Miscellaneous): new clauses on notices, relationship of the parties, no third-party beneficiaries, confidentiality, equitable relief, export controls, beta features, and interpretation. Survival list expanded.

    📋 CHANGES IN VERSION 3.6

    • Rewrote Section 1.2 (Parties). RentalTide operates through two separate companies: RentalTide Inc., a Delaware corporation, contracts with users outside Canada, and RentalTide Inc. (Canada) contracts with users in Canada. The previous text described a single Delaware corporation registered in Canada, which was wrong. Also corrected the Ottawa postal code, which was out of date.
    • Expanded Section 6.3 (Billing and Collections): overdue amounts bear interest at 1.5% per month (18% per annum), a returned payment incurs a $35 handling fee, reasonable costs of collection are reimbursed, and we may withhold payouts and set off while a balance is overdue. Replaces the previous "late fees may apply per billing terms".
    • Section 18.2 (Arbitration Organization) now follows the contracting company: American Arbitration Association in Wilmington, Delaware for the US company, ADR Institute of Canada in Ottawa for the Canadian company.
    • Section 20 (Governing Law and Jurisdiction) now follows the contracting company: Delaware law, or Ontario and Canadian federal law. Small claims may be brought where you are based.

    📋 CHANGES IN VERSION 3.5

    • Clarified the currency of the Chargeback Fee in Section 6.4: it is 50 units of your settlement currency, not solely US or Canadian dollars. RentalTide bills operators in multiple settlement currencies.
    • Danish krone (DKK) and Japanese yen (JPY) are no longer offered as settlement currencies for new accounts.

    📋 CHANGES IN VERSION 3.4

    • Updated Section 6.4 (Refunds and Chargebacks) with the Chargeback Fee: a flat 50 units of your settlement currency per chargeback, charged regardless of outcome, to recover non-refundable card network and processor dispute costs plus handling; collected from your payment balance or added to outstanding platform fees if the balance cannot cover it. See also Provider Terms Section 4.6.

    📋 CHANGES IN VERSION 3.3

    • Added Section 3.6 (Checkout and Commerce Platform) clarifying that RentalTide owns and operates the checkout and commerce experience and orchestrates payment on operators' behalf
    • Added Section 3.7 (Reserve & Pay) describing RentalTide's option to front booking costs so operators are paid in full upfront at no cost, with the renter paying on a schedule that completes before the rental (so it is not credit or a loan)
    • Expanded Section 8.2 (Data Collection and Use) to cover use of platform data to optimize and increase operator revenue

    📋 CHANGES IN VERSION 3.2

    • Published the Protection Plan Terms referenced in Sections 1.4 and 3.5 and linked them throughout
    • Added the Messaging & Communications Consent and Refund & Cancellation Policy to the incorporated documents in Section 1.4
    • Added New Zealand privacy and consumer law to Sections 8.1, 15.5, and 20.3
    • Added a Vulnerability Disclosure Policy and Accessibility Statement to the legal center

    📋 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 or representative actions permitted (Section 18)
    • Liability limitation: maximum CAD $100 aggregate exposure (Section 15)
    • Platform-only status: we are not a party to, and not responsible for, rental transactions (Section 4)
    • No guarantee of results: recommendations, forecasts, and AI outputs are informational only (Sections 3.8 and 4.5)
    • 6-month claim deadline: your legal claims must be commenced within 6 months (Section 19)
    • Fees may change on 30 days' notice, and fee disputes must be raised within 30 days (Section 6)
    • Protection products are NOT insurance: optional waivers are contractual only and are sold by operators (Section 3.5)
    • We own and operate the checkout and orchestrate payment on operators' behalf (Section 3.6)
    • Optional "Reserve & Pay": RentalTide fronts the booking cost, operators are paid in full at no cost, and the renter pays before the rental, so it is not consumer credit (Section 3.7)

    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"), or by clicking a button or checking a box indicating acceptance, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and all applicable laws and regulations. If you do not agree, you must not access or use the Services.

    1.2 Parties

    These Terms constitute a legal agreement between:

    • RentalTide ("RentalTide," "Company," "we," "us," or "our"). RentalTide operates through two separate companies, and the one that is party to these Terms is determined by your principal place of business:

      Your principal place of businessContracting companyRegistered office
      United States, or any country other than CanadaRentalTide Inc., a Delaware corporation (file no. 10404267, EIN 35-2930708)1111B S Governors Ave STE 48363, Dover, DE 19904, United States
      CanadaRentalTide Inc., a Canadian corporation (Business Number 783525165), referred to as "RentalTide Inc. (Canada)"110 Didsbury Road, Ottawa, Ontario K2T 0C2, Canada

      The two companies share a name but are separate legal persons. Only the company identified above for your location is party to these Terms, is entitled to enforce them, and is liable under them. If you do not state a principal place of business, or the information you provide is inaccurate, we may determine the contracting company from the billing address, tax residency, or settlement currency on your account, and that determination, made reasonably, is final.

    • You ("User," "you," or "your"), whether acting individually or on behalf of an entity. If you accept these Terms on behalf of an entity, "you" includes that entity and you represent that you have authority to bind it.

    1.3 Modifications

    We may modify these Terms, and any incorporated document, at any time. When we do:

    • Non-material changes (clarifications, corrections, new features, or changes required by law or by a payment network or processor) take effect when the updated Terms are posted.
    • Material changes take effect 30 days after we give notice, unless a shorter period is required by law, a payment network, or a processor, or the change is needed to address a security or legal risk, in which case it takes effect when we say it does.
    • Notice may be given by any one of the following: email to the address on your account, a notice on our website or in the Services, an in-app message, or an updated "Last Updated" date on the Terms. You are responsible for keeping your contact details current and for reviewing the Terms periodically.

    Continued access to or use of the Services after the effective date of a change constitutes acceptance of the modified Terms. If you do not agree to a change, your sole remedy is to stop using the Services and close your account before the change takes effect. No other modification, and no purported amendment in a purchase order, vendor form, or other document you send us, is binding on RentalTide unless signed by an authorized officer of RentalTide.

    1.4 Additional Terms

    These Terms incorporate by reference:

    1.5 Order of Precedence

    If these documents conflict, the following order applies, with the earlier document prevailing over the later, but only for the subject matter the earlier document specifically addresses:

    1. A written agreement signed by an authorized officer of RentalTide
    2. Feature Terms and order forms
    3. The Provider Terms, Customer Terms, API Terms, Protection Plan Terms, Hosted Website Terms, Capital Advance Terms, and Partner Program Agreement, each for its own subject matter
    4. These Terms
    5. The remaining incorporated policies

    Nothing in an incorporated document expands RentalTide's liability beyond Section 15 of these Terms unless it says so expressly and by reference to that Section. Section 20.5 prevails over every other provision of these Terms and of every incorporated document for the customers it covers.

    2. Eligibility and Account Requirements

    2.1 Age and Capacity

    To use our Services, you must:

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

    2.2 Business Users

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

    • You have authority to bind your organization
    • Your organization is validly organized and in good standing
    • You have all necessary licenses, permits, registrations, and insurance
    • You comply with all applicable business regulations
    • You are not a consumer for the purposes of consumer protection law, except where that law says otherwise

    2.3 Prohibited Users

    You may not use our Services if you:

    • Are located in, or are a resident or national of, a country or region subject to comprehensive sanctions by the United States, Canada, the United Nations, the European Union, or the United Kingdom
    • Appear on any government prohibited, denied, or restricted persons list, or are owned or controlled by a person who does
    • Have been previously suspended or banned from our platform, or are acting for a person who has
    • Are a competitor, or are acting for a competitor, and are accessing the Services to copy, benchmark, or build a competing product
    • Intend to use the Services for illegal purposes

    We may verify eligibility at any time and may refuse, suspend, or close any account that fails verification.

    2.4 Account Security

    You are responsible for:

    • Maintaining confidentiality of account credentials and API keys
    • All activities that occur under your account, whether or not authorized by you
    • Immediately notifying us of unauthorized access or any security incident affecting your account
    • Using strong passwords and enabling two-factor authentication where offered
    • Not sharing accounts with others, and ensuring each user of your organization has their own login

    We are not liable for any loss arising from unauthorized use of your account. We may treat any instruction received through your account as authorized by you.

    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

    We may change, add, or discontinue any feature or component of the Services at any time. Where a discontinuation materially reduces the core functionality of a paid plan, we will use commercially reasonable efforts to give notice in advance.

    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

    Descriptions of industries and use cases are illustrative and are not a representation that the Services are suitable for any particular business or comply with regulations specific to that industry. You are responsible for determining suitability.

    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

    Additional Services may be subject to Feature Terms, additional fees, eligibility requirements, and availability by region.

    3.4 Third-Party Integrations

    We integrate with third-party services including:

    • Stripe for payment processing and identity verification
    • 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. RentalTide provides the technology through which they are presented and paid for, and is not a party to them
    • Coverage amounts, exclusions, and terms vary by operator and jurisdiction
    • Amounts are shown in the settlement currency of the operator
    • 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:

    • The operator offering a protection product is solely responsible for ensuring that the product, its pricing, and its presentation comply with the consumer protection, insurance, and other laws of every jurisdiction in which the operator offers it, including the Australian Consumer Law, New Zealand's Consumer Guarantees Act 1993, Canadian provincial consumer protection legislation, and U.S. state law. The standard terms RentalTide makes available are in the Protection Plan Terms, and their use does not transfer that responsibility to RentalTide
    • 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

    3.6 Checkout and Commerce Platform

    RentalTide owns and operates the checkout and commerce experience through which renters book and pay, in the same manner that platforms such as Shopify own and operate hosted checkout on behalf of their merchants. RentalTide hosts, controls, and may modify the cart, checkout, payment, and confirmation flows; orchestrates payment through its own infrastructure and its Stripe platform arrangement; and may present platform services within the checkout, including the "Reserve & Pay" option (Section 3.7), optional protection products, add-ons, and promotions. RentalTide decides, in its discretion, which platform services are presented, where, and to whom.

    Operators authorize RentalTide to present, accept, route, and settle renter payments on their behalf as their payment facilitator and technical agent, and to display RentalTide's name in billing descriptors, receipts, and checkout where RentalTide considers it appropriate. RentalTide's ownership and operation of the checkout technology and payment orchestration does not, by itself, make RentalTide a party to the underlying rental transaction (Section 4); operators remain the merchant of record for the rental and are responsible for every obligation of a merchant, including delivery, refunds, taxes, and compliance with card network rules. Additional operator-specific terms are in the Provider Terms.

    3.7 Reserve & Pay

    RentalTide may offer renters an optional "Reserve & Pay" option at checkout that lets a renter reserve a booking and pay for it on a short schedule that completes before the rental date.

    • RentalTide fronts the cost; operators are paid in full, upfront, at no cost. When a renter chooses Reserve & Pay, RentalTide advances the booking amount to the operator so the booking settles like any paid booking. RentalTide funds the advance itself; the operator bears no additional fee or charge for it.
    • Not credit, not a loan, not "buy now, pay later." Because the renter pays in full before the rental is provided, no credit is extended and the renter never uses a service and pays for it afterward. Neither the operator nor RentalTide is acting as a lender; RentalTide is fronting the booking cost and collecting the renter's scheduled payments.
    • RentalTide is compensated by the renter. RentalTide collects the scheduled payments directly from the renter under its own billing descriptor and may charge the renter a service fee for the option. Any such fee is solely between RentalTide and the renter.
    • Failed schedules. If a scheduled payment fails and is not cured within the time RentalTide allows, RentalTide may cancel the booking, and the operator agrees to honour that cancellation. Amounts the renter has already paid are handled under the operator's cancellation policy and the Refund & Cancellation Policy.
    • Recovery from the operator. The advance is made against the booking. If the booking is cancelled by the operator, refunded in whole or in part, charged back, or otherwise reversed for any reason within the operator's responsibility, RentalTide may recover the advanced amount (or the reversed portion) from the operator's payment balance, future payouts, or saved payment method, and Section 6.3 applies to any shortfall. RentalTide bears the risk of a renter's non-payment only where the operator has performed and the booking has not been cancelled, refunded, or reversed.
    • Availability is subject to eligibility, RentalTide's working-capital availability, and platform limits, and may be modified or withdrawn at any time, including for a booking already reserved if RentalTide reasonably suspects fraud or abuse.

    3.8 Recommendations, Analytics, and AI Features

    The Services may generate pricing suggestions, demand forecasts, merchandising recommendations, abandoned-cart messages, benchmarks, automated responses, summaries, and other outputs, including outputs produced by machine-learning or generative AI models ("Recommendations"). Recommendations:

    • Are provided for your information only and are not financial, legal, tax, insurance, or professional advice
    • May be inaccurate, incomplete, or unsuitable for your circumstances, and may be based on data supplied by you or other users that we have not verified
    • Are not a representation that any price, forecast, or outcome will be achieved
    • Are acted on at your sole discretion and risk. You remain solely responsible for prices, availability, communications sent to your customers, and every business decision, whether or not a Recommendation was involved

    Where a feature sends messages to your customers on your behalf, you are the sender of those messages for the purposes of the Messaging & Communications Consent and applicable law. Our AI Usage and Data Commitment describes how data is used in these features.

    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 providing the checkout technology and orchestrating payment as the operator's agent
    • Are NOT responsible for the condition, safety, or legality of rental assets
    • Do NOT employ or supervise rental operators or their staff
    • Are NOT a bank, money transmitter, trustee, or fiduciary. Funds routed through the Services are held and moved by our payment processor. Balances shown in the Services are not deposits, are not insured by the FDIC, CDIC, or any similar scheme, and do not earn interest for you

    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, whether or not they act on a Recommendation

    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
    • Identity, creditworthiness, or conduct of any user, notwithstanding any verification we perform

    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

    We may, but are not obliged to, assist in a dispute between an operator and a renter, and any assistance does not make us a party to the dispute or create any obligation to assist in future.

    4.5 No Guarantee of Results

    We do not guarantee that use of the Services, any feature, or any Recommendation will result in any level of bookings, revenue, conversion, cost savings, tax outcome, or other result. Any figures, case studies, calculators, or estimates on our website or in the Services are illustrative only. You are responsible for evaluating the Services for your business.

    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, including the card network rules and Stripe's terms

    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)

    You authorize us to verify any information you provide, including through third-party identity, business, credit, and sanctions databases, and to share information with our payment processor for that purpose.

    5.3 Prohibited Activities

    You may not, and may not permit anyone else to:

    • 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
    • Circumvent fees, including by taking bookings originating on the platform off-platform to avoid transaction fees
    • Use the Services for competing platforms, or do anything listed in Section 7.6

    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, including obtaining every consent required for us to process your customers' data on your instructions

    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 for successive periods of the same length unless cancelled before the renewal date

    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

    Fee Changes: We may change any fee or introduce a new fee on at least 30 days' notice given under Section 1.3. Transaction fee changes apply to transactions processed after the effective date. Subscription fee changes apply from your next renewal after the effective date. Your continued use after the effective date is acceptance of the new fee.

    Taxes: Fees are exclusive of all sales, use, value-added, goods and services, harmonized, withholding, and similar taxes, which you pay in addition unless you provide a valid exemption certificate. If you are required to withhold, you gross up the payment so that we receive the full fee.

    Fee Disputes: You must notify us in writing of any disputed charge within 30 days of the date the charge appears on your statement or invoice, with reasonable detail. Charges not disputed within that period are accepted and final, to the extent permitted by law. Undisputed portions of an invoice remain payable.

    Promotions and Trials: Free trials, credits, and promotional pricing are offered at our discretion, may be limited to one per customer, and may be withdrawn or modified at any time. Unused credits have no cash value and expire on termination.

    6.2 Payment Processing

    • Primary Processor: Stripe handles payment processing. Operators must accept and comply with the Stripe Connected Account Agreement (including the Stripe Services Agreement) as a condition of accepting payments, and authorize RentalTide to act as platform on their connected account, including to share information with Stripe, and to initiate charges, refunds, reversals, and debits
    • Supported Methods: Credit cards, debit cards, ACH transfers, digital wallets, as available in your region
    • Currency Support: Multiple currencies based on market availability. Currency conversions are performed at the rate applied by our processor at the time of conversion, plus any conversion fee disclosed on our pricing page
    • Processing Timeline: Standard settlement periods apply based on payment method, processor, and your account's risk profile

    6.3 Billing and Collections

    • Automatic Billing: Recurring fees are charged automatically to your saved payment method, and you authorize us to charge that method and any updated method provided by your card issuer
    • Failed Payments: We may retry a failed payment and may suspend the Services after a failed payment attempt
    • Interest on Overdue Amounts: Overdue amounts bear interest at 1.5% per month, being 18% per annum, calculated daily from the due date and compounded monthly, before and after judgment or arbitral award
    • Returned Payments: A returned, reversed or failed payment incurs a $35 handling fee in your settlement currency
    • Costs of Recovery: You reimburse our reasonable costs of collecting an overdue amount, including collection agency commissions, filing fees and reasonable legal fees
    • Set-off and Suspension: We may at any time apply any amount we or our affiliate owe you, including payouts, against any amount you owe us or our affiliate under these Terms or any other agreement. While an amount is overdue we may withhold payouts, suspend card payment features, require a reserve, and suspend or terminate the Services
    • Collections: Unpaid amounts may be sent to collection agencies and reported to credit bureaus where permitted by law

    Reserves and Holds: Whether or not any amount is overdue, we may hold a reserve, delay or withhold payouts, or hold funds for a transaction where we, our processor, or a card network reasonably consider it necessary to manage risk, including elevated chargeback or refund rates, suspected fraud, unusual volume, regulatory or legal requirements, or a pending dispute. We will notify you of a reserve where the law or our processor permits. Reserved funds are released when we are satisfied the risk has passed, and may be applied to any amount you owe.

    Operators are additionally subject to Section 4.7 (Overdue Amounts) of the Provider Terms, which governs where these Terms and the Provider Terms address the same subject.

    6.4 Refunds and Chargebacks

    • Service Fees: Non-refundable except for our billing error or where refund is required by law
    • Transaction Disputes: Handled according to payment processor and card network rules. You are liable for the full amount of every refund, chargeback, reversal, and fine relating to a transaction on your account, plus the Chargeback Fee
    • Chargeback Fee: Each chargeback filed against a transaction processed through your account incurs a flat 50-unit fee in your settlement currency (for example $50 USD, $50 CAD, A$50 AUD, £50 GBP, €50 EUR, NZ$50 NZD), charged regardless of the dispute's outcome. Card networks and processors bill RentalTide non-refundable dispute costs the moment a chargeback is filed; this fee recovers those costs plus handling. It is collected from your available payment balance, and any portion that cannot be collected is added to your outstanding platform fees
    • Chargeback Protection: May be offered for qualifying transactions at our discretion, subject to Feature Terms. It is not a guarantee against loss and may be withdrawn at any time
    • Billing Disputes: We will consider a billing dispute raised under Section 6.1 in good faith. Any dispute not resolved informally is subject to Section 18

    6.5 Taxes and Compliance

    • Tax Responsibility: You are solely responsible for determining, collecting, reporting, and remitting all taxes on your rentals and other sales, and for any taxes on our fees other than our own income taxes
    • Tax Reporting: We may provide transaction reporting for tax purposes and may be required to report your transactions to tax authorities (for example on Form 1099-K or under Canadian, Australian, or other platform-reporting rules). Reporting is provided for convenience and is not tax advice
    • 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 and its licensors own all rights, title, and interest, including all intellectual property rights, in:

    • Platform Technology: Software, databases, algorithms, models, systems, and all improvements and derivative works
    • 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
    • Aggregated Data: Aggregated, de-identified, and derived data generated from use of the Services, and all analytics and models trained on it, as described in Section 8.2

    All rights not expressly granted to you in these Terms are reserved. Nothing in these Terms transfers any ownership interest to you.

    7.2 Limited License to Users

    Subject to your compliance with these Terms and payment of all fees, we grant you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license during the term to:

    • Access and use our Services for your internal business purposes (operators) or to book and manage your rentals (renters)
    • Use our APIs subject to the API Terms and usage limits
    • Display our branding as required for proper platform integration, in the form we supply
    • Access documentation for platform training and support

    7.3 User-Generated Content

    For content you upload, submit, or make available through the Services ("Your Content"):

    • You retain ownership of Your Content
    • You grant us a licence that is worldwide, non-exclusive, royalty-free, fully paid, and sublicensable to our affiliates and service providers, to host, store, reproduce, modify, adapt, translate, create derivative works of, publish, display, distribute, and otherwise use Your Content as reasonably needed to provide, secure, maintain, improve, and market the Services, to comply with law, and as otherwise described in the Privacy Policy. This licence continues after termination for as long as Your Content remains in backups, in aggregated or de-identified form, or on a hosted site or public listing you have not removed
    • Marketing and publicity: You grant us the right to identify you as a customer, and to use your business name and logo, on our website and in marketing materials. You may withdraw this permission at any time by emailing legal@rentaltide.com, and we will stop new uses within 30 days
    • You warrant that you own or have every right, consent, and licence needed for Your Content and for the licence you grant us, including from any individual who appears in it, and that Your Content does not infringe or violate any right or law
    • You indemnify us against any claim relating to Your Content under Section 16
    • We may remove Your Content at any time under Section 9 and are not obliged to store or return it except as stated in Section 12

    7.4 Intellectual Property Protection

    We respect intellectual property rights and:

    • Respond to DMCA notices according to our DMCA Policy
    • Investigate infringement reports we receive
    • May remove content we believe in good faith to be infringing, with or without notice
    • May terminate repeat infringers according to our policies

    7.5 Feedback and Suggestions

    Any feedback, suggestions, ideas, or requests you provide to us ("Feedback") are given voluntarily. You assign to us all rights in the Feedback, and to the extent an assignment is not effective, you grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable licence to use the Feedback for any purpose without compensation, attribution, or obligation to you. Feedback is not confidential unless covered by a separate written agreement, and we owe you no duty to implement or respond to it.

    7.6 Restrictions

    Except as expressly permitted by these Terms or by law that cannot be excluded, you may not, and may not permit or help anyone to:

    • Copy, modify, translate, or create derivative works of the Services or any part of them
    • Reverse engineer, decompile, disassemble, or attempt to derive source code, models, model weights, or algorithms
    • Scrape, crawl, harvest, or extract data from the Services other than your own data through the interfaces we provide
    • Access the Services to build, train, or improve a competing product or service, or to publish benchmarks or comparisons without our written consent
    • Sell, resell, rent, lease, sublicense, or provide the Services to third parties, other than as an operator offering rentals to your customers through the Services as intended
    • Remove or alter any proprietary notice, or use our trademarks other than as permitted in Section 7.2
    • Frame or mirror any part of the Services, or use automated means (including bots or headless browsers) to access them other than through the API in compliance with the API Terms
    • Probe, scan, or test the vulnerability of the Services, except as permitted by our Vulnerability Disclosure Policy
    • Bypass any usage limit, security control, or access restriction

    8. Privacy and Data Protection

    8.1 Privacy Commitment

    We handle personal information according to:

    • Our Privacy Policy
    • GDPR for users in the European Economic Area and United Kingdom
    • CCPA for California residents
    • PIPEDA for Canadian users, including Quebec's Law 25
    • Australian Privacy Act for Australian users
    • New Zealand Privacy Act 2020 for New Zealand 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
    • Optimize operator performance and revenue: using booking, transaction, pricing, conversion, and checkout-interaction data to power pricing and merchandising recommendations, demand forecasting, checkout optimization, abandoned-cart recovery, marketing, and relevant offers that help operators increase bookings and revenue
    • Develop and train analytics and machine-learning models and produce aggregated, de-identified benchmarks and insights

    We may use data in aggregated or de-identified form for any lawful business purpose, during and after the term, including for the benefit of other operators and the platform generally, provided it does not identify any operator or individual. We own aggregated and de-identified data and anything derived from it. Personal information is handled in accordance with our Privacy Policy.

    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, or where we believe in good faith that disclosure is necessary to protect our rights, our users, or the public
    • Corporate transaction parties in case of merger, acquisition, financing, or asset sale, including during due diligence

    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

    Where the law requires a transfer mechanism, we rely on the mechanisms described in our Privacy Policy and Data Processing Agreement. You consent to these transfers.

    8.5 Data Security

    We implement commercially reasonable technical and organizational measures designed to protect information, which may include:

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

    No method of transmission or storage is completely secure, and we do not guarantee that unauthorized access will never occur. You are responsible for the security of your own systems, credentials, and any data you export from the Services. Our security obligations to operators as a processor are set out in the Data Processing Agreement, which prevails over this Section for personal data covered by it.

    9. Content and Community Standards

    9.1 Content Moderation

    We reserve the right, but have no obligation, to:

    • Review and moderate user-generated content
    • Remove or disable access to content that we believe violates our policies or the law, or exposes us to liability
    • Suspend accounts for policy violations
    • Report illegal content to appropriate authorities

    Our decision not to remove content is not an endorsement of it and does not create any liability.

    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 the licence in Section 7.3
    • 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
    • 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, which you agree to comply with
    • Additional fees or charges they may impose
    • Service availability and performance standards they maintain
    • Their customer support and dispute resolution processes

    If you connect a third-party application to your account, you authorize us to exchange your data with it on your instructions, and you are responsible for that application's use of your data.

    10.3 Third-Party Availability

    We are not responsible or liable 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
    • Any loss arising from a third-party service, including a payment processor's decision to hold funds, reject a transaction, or close an account

    10.4 Integration Changes

    We may at any time:

    • Add new integrations to enhance platform functionality
    • Remove or suspend integrations for any reason, including where the third party changes its terms or a security concern arises
    • Modify integration terms, using commercially reasonable efforts to give advance notice where practicable
    • Offer alternatives for discontinued integrations, where we consider it appropriate. We are under no obligation to do so

    11. Service Availability and Maintenance

    11.1 Service Level Commitments

    Uptime targets, support response targets, and service credits for eligible paid plans are set out in our Service Level Agreement. Service credits under the SLA are your sole and exclusive remedy for any failure to meet an availability or support target. Targets are not warranties.

    11.2 Scheduled Maintenance

    We may perform scheduled maintenance and will use commercially reasonable efforts to:

    • Schedule it during off-peak hours (typically 2-4 AM ET)
    • Give advance notice of major maintenance, targeting at least 48 hours where practicable
    • Limit its duration to what is needed
    • Restore service promptly

    Maintenance windows announced in advance are excluded from availability calculations under the SLA.

    11.3 Emergency Maintenance

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

    • Without advance notice when necessary
    • With status updates through our status page or notifications, where practicable
    • Restoring service as quickly as reasonably possible

    Post-incident summaries may be published at our discretion.

    11.4 Service Limitations

    Our Services may be temporarily unavailable or degraded 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
    • Suspensions under Section 12 or 6.3

    We may impose reasonable usage limits (including API rate limits, storage limits, and message volumes) to protect the Services.

    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
    • Effective at the end of the current billing period for month-to-month subscriptions, with no refund of the current period
    • Effective at the end of the current annual term for annual subscriptions, with no refund of prepaid fees except as required by law
    • Subject to final billing for any outstanding amounts, including transaction fees, chargebacks, and Chargeback Fees that arise after termination for transactions processed before it

    12.2 Termination or Suspension by RentalTide

    We may suspend or restrict your access to all or part of the Services immediately and without notice where we reasonably believe:

    • You have violated these Terms, an incorporated policy, or the law
    • Your account presents a fraud, security, credit, chargeback, or legal risk to us, our processor, other users, or the public
    • Our payment processor or a card network requires it
    • An amount is overdue

    We may terminate your account:

    • Immediately for a material breach, illegal or fraudulent activity, non-payment not cured within 10 days of notice, or a repeated violation
    • On 30 days' notice for extended inactivity, or for any other reason or no reason (termination for convenience). If we terminate a prepaid annual plan for convenience without cause, we will refund the unused portion of the prepaid subscription fee, and that refund is your sole remedy

    We are not liable to you or any third party for any suspension or termination under this Section, and no fees are refundable on a termination for cause.

    12.3 Effect of Termination

    Upon account termination:

    • Service access ends on the effective date of termination, and all licences granted to you end
    • You must pay all amounts accrued or owing, which become immediately due
    • Data export is available under Section 12.4
    • Hosted sites, custom domains, and public listings may be taken offline
    • Outstanding obligations survive termination as set out in Section 21.6

    12.4 Data Retention and Deletion

    After termination:

    • Data export: for 30 days after termination you may request an export of your data in a commonly used machine-readable format through the Services or by contacting support. We are not obliged to provide an export while an amount is overdue, or where doing so would breach the law or a legal order
    • Deletion: we may delete your data at any time after the 30-day export window, and will delete or de-identify active personal data within 90 days after that window unless retention is required by law, by a payment network, or for the establishment or defence of legal claims
    • Backups: data in backups is removed according to standard backup rotation
    • Legal retention: we may retain records for as long as the law requires (typically 7 years for financial and tax records) and aggregated or de-identified data indefinitely

    We have no liability for deletion of data in accordance with this Section.

    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 and our payment processor apply AML measures, which may include:

    • Customer identification and verification procedures
    • Transaction monitoring for suspicious activities
    • Record keeping for regulatory compliance
    • Reporting obligations to relevant authorities when required, without notice to you where the law requires or permits

    13.3 Know Your Customer (KYC)

    KYC procedures may include:

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

    You agree to provide requested information promptly. We may suspend payouts or the Services until verification is complete.

    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 commercially reasonable security measures, which may include:

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

    Section 8.5 applies to this Section.

    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 may 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, at our discretion

    We may decline, hold, or reverse any transaction we reasonably suspect to be fraudulent or unlawful, and are not liable for doing so.

    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
    • The content or enforceability of waivers, contracts, or checklists created by operators using our templates or tools, which are provided as a convenience and are not legal advice

    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, RECOMMENDATIONS, AND ALL CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING:

    • MERCHANTABILITY, MERCHANTABLE QUALITY, or fitness for a particular purpose
    • NON-INFRINGEMENT of third-party rights
    • UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE operation
    • ACCURACY, COMPLETENESS, OR RELIABILITY of information, Recommendations, or results
    • SECURITY of data transmission or storage
    • ANY WARRANTY ARISING FROM COURSE OF DEALING, USAGE, OR TRADE

    No advice or information, whether oral or written, obtained from us or through the Services creates any warranty not expressly stated in these Terms.

    15.2 Exclusion of Damages

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER RENTALTIDE COMPANY, NOR ANY AFFILIATE, OFFICER, DIRECTOR, EMPLOYEE, AGENT, LICENSOR, OR SERVICE PROVIDER OF EITHER, SHALL BE LIABLE FOR ANY:

    • INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, or punitive damages
    • LOSS OF PROFITS, REVENUE, BOOKINGS, DATA, or business opportunities, or cost of substitute services
    • BUSINESS INTERRUPTION or loss of goodwill or reputation
    • THIRD-PARTY CLAIMS arising from your use of our Services
    • DAMAGES ARISING FROM THIRD-PARTY SERVICES, including any payment processor, card network, hosting, messaging, or integration provider
    • UNAUTHORIZED ACCESS to your account or data, or any alteration of your content or transmissions
    • YOUR CONTENT, OR THE CONDUCT OR CONTENT OF ANY OPERATOR, RENTER, OR OTHER USER
    • ANY RECOMMENDATION or your reliance on it
    • FORCE MAJEURE EVENTS beyond our reasonable control

    IN EACH CASE HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    15.3 Maximum Liability Cap

    MAXIMUM LIABILITY: To the maximum extent permitted by law, the total aggregate liability of both RentalTide companies and all of their affiliates, officers, directors, employees, agents, licensors, and service providers together, for all claims of every kind arising out of or relating to these Terms, the Services, or any incorporated document, shall not exceed the lesser of:

    • CAD $100 (One Hundred Canadian Dollars), or
    • Total fees paid by you to RentalTide in the 12 months preceding the event giving rise to the claim

    For this purpose "fees" excludes amounts we collected and paid out to you or on your behalf as payment facilitator, and excludes pass-through amounts such as taxes and third-party charges.

    This limitation applies regardless of the theory of liability (contract, tort, negligence, strict liability, statute, or otherwise), applies to all claims in the aggregate and not per claim, and applies even if any remedy fails of its essential purpose. The existence of more than one claim does not enlarge the limit. You acknowledge that the fees reflect this allocation of risk and that RentalTide would not provide the Services without it.

    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, at our election
    • 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 right or remedy of a consumer 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
    • New Zealand Consumer Protection: guarantees under the Consumer Guarantees Act 1993 and the Fair Trading Act 1986, which apply to consumers and not to a business that acquires the Services for business purposes
    • 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

    Where such a right cannot be excluded but liability for its breach can be limited, our liability is limited, at our option, to re-supplying the Services or paying the cost of re-supply. Operators and other business users acknowledge that they acquire the Services for business purposes and that consumer protection laws do not apply to them except where those laws provide otherwise.

    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 our negligence cannot be excluded
    • Fraud or fraudulent misrepresentation by us cannot be limited
    • Gross negligence or willful misconduct limitations apply only to the extent the law permits
    • 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 both RentalTide companies and their affiliates, officers, directors, employees, contractors, agents, licensors, and service providers (the "RentalTide Parties") from and against any and all claims, demands, investigations, damages, losses, fines, penalties, costs, and expenses (including reasonable attorneys' fees and costs) 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
    • Taxes you are responsible for under Section 6.5

    Platform Usage:

    • Your use or misuse of our Services, or use by anyone through your account
    • Violation of these Terms or our policies
    • Infringement or misappropriation of intellectual property or other rights
    • Privacy law violations or data breaches attributable to you, including messages sent to your customers
    • Fraudulent or illegal activities
    • Your Content
    • Chargebacks, refunds, reversals, fines, and assessments imposed by a card network or processor in connection with your transactions

    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
    • Protection products you offer

    16.2 Defense and Settlement

    • We control the defence. We may, at our election, assume and control the defence and settlement of any claim subject to indemnification, with counsel of our choice, at your expense. If we do not elect to do so, you will defend the claim with counsel reasonably acceptable to us and keep us informed
    • You must cooperate fully in the defence of any claim, at your expense
    • No settlement without our consent. You may not settle any claim that imposes any obligation or admission on a RentalTide Party, or that does not fully release the RentalTide Parties, without our prior written consent
    • We may participate with our own counsel at our expense in any defence you conduct, and at your expense if there is a conflict of interest
    • Immediate notification required by you of any claim or potential claim of which you become aware

    16.3 Notice

    We will use reasonable efforts to notify you of a claim for which we seek indemnification. A delay or failure to notify you relieves you of your obligations only to the extent you demonstrate you were materially prejudiced by it.

    17. Force Majeure

    17.1 Force Majeure Events

    Neither party shall be liable for delays or failures in performance (other than payment obligations) 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 (other than of the affected party's own workforce)
    • Cyber attacks, denial-of-service attacks, and infrastructure failures

    Technical Failures:

    • Internet backbone failures
    • Power grid outages
    • Telecommunications disruptions
    • Third-party service provider failures, including payment processor and cloud provider outages

    17.2 Force Majeure Procedures

    During force majeure events, the affected party will use commercially reasonable efforts to:

    • Notify the other party within a reasonable time
    • Minimize impact and resume performance
    • Provide updates on restoration where practicable

    Force majeure does not excuse, delay, or reduce any obligation to pay amounts due.

    17.3 Extended Force Majeure

    If a force majeure event prevents RentalTide from providing the core Services for more than 60 consecutive days:

    • Either party may terminate the agreement on written notice
    • RentalTide will refund the unused portion of any prepaid subscription fee for the period after termination, and that refund is your sole remedy
    • Neither party has any further liability for the termination
    • Services may resume when conditions permit

    18. Dispute Resolution and Arbitration

    ⚠️ IMPORTANT ARBITRATION NOTICE

    YOU ARE AGREEING TO RESOLVE DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION INSTEAD OF COURT PROCEEDINGS. YOU ARE ALSO WAIVING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS OR REPRESENTATIVE ACTIONS.

    18.1 Mandatory Arbitration

    All disputes, claims, and controversies arising from or relating to these Terms, any incorporated document, the Services, or your relationship with RentalTide, including their formation, interpretation, breach, termination, enforceability, and scope, and including claims against a RentalTide Party ("Disputes"), shall be resolved exclusively through final and binding arbitration on an individual basis, except that:

    • Either party may bring an individual claim in small claims court if it qualifies, so long as it remains in that court and on an individual basis
    • Either party may seek injunctive or other equitable relief in court to protect its intellectual property rights or confidential information, or to prevent unauthorized access to the Services
    • RentalTide may bring a claim in any court of competent jurisdiction to collect unpaid fees or other amounts you owe
    • Either party may bring an action to compel arbitration or to confirm, enforce, or vacate an arbitral award

    The arbitrator, and not any court, has exclusive authority to resolve any Dispute about the interpretation, applicability, enforceability, or formation of this arbitration agreement, except that a court decides whether Section 18.4 is enforceable. Where RentalTide Inc. (Delaware) is the contracting company, this Section 18 is governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq., and evidences a transaction involving interstate commerce. Where RentalTide Inc. (Canada) is the contracting company, this Section 18 is governed by the Arbitration Act, 1991 (Ontario) or, for international disputes, the International Commercial Arbitration Act, 2017 (Ontario).

    18.2 Arbitration Organization

    Arbitration is administered according to the RentalTide company that is party to these Terms under Section 1.2:

    Contracting companyAdministered bySeat
    RentalTide Inc. (Delaware)American Arbitration Association under its Commercial Arbitration Rules, or its Consumer Arbitration Rules where the claimant is a consumerWilmington, Delaware, United States
    RentalTide Inc. (Canada)ADR Institute of Canada under its Arbitration RulesOttawa, Ontario, Canada
    • Single arbitrator selected according to the applicable rules
    • Seat: as above, unless the parties agree otherwise. Hearings, if any, may be held by video conference, and for a consumer claimant may be held in the claimant's home county or province on request
    • Language: English (with translation services if needed, at the requesting party's expense)
    • If the named administrator is unavailable, the parties will agree on a substitute, or a court of the seat will appoint one

    18.3 Arbitration Procedures

    • Informal resolution must be attempted for 60 days before arbitration. The party raising a Dispute must first send a written notice to the other (to disputes@rentaltide.com in our case, and to the email on your account in yours) describing the Dispute, the relief sought, and the claimant's name and account. The 60 days run from receipt of a compliant notice, and any limitation period is tolled during that time
    • Written demand required specifying claims and requested relief, filed with the administrator after the informal period
    • Discovery limited to information directly relevant to claims, as determined by the arbitrator
    • Documents-only for claims under CAD $25,000 (or the equivalent), unless the arbitrator determines a hearing is necessary
    • Expedited procedures available for claims under CAD $10,000
    • Confidentiality: the arbitration, and all submissions, evidence, and awards, are confidential, except as needed to enforce an award or as required by law
    • Authority: the arbitrator is bound by these Terms, including Sections 15 and 19, may award only individual relief, and may not award relief to or against any person who is not a party. The arbitrator will issue a reasoned written award. Judgment on the award may be entered in any court of competent jurisdiction

    18.4 Class Action Waiver

    YOU AND RENTALTIDE EACH WAIVE ANY RIGHT TO BRING, JOIN, OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, REPRESENTATIVE ACTION, OR CLASS-WIDE OR CONSOLIDATED ARBITRATION.

    • Claims must be brought individually
    • No consolidation with other claims or parties without the written consent of all parties
    • No representative capacity for other users
    • Waiver survives termination of these Terms

    Mass Arbitration: If 25 or more similar demands are filed against RentalTide by or with the assistance of the same or coordinated counsel within a 90-day period, the administrator will first process a batch of 10 bellwether cases selected equally by each side. The remaining demands are stayed, and any limitation period is tolled, until the bellwether cases are resolved. After the bellwether awards, the parties will engage in a 60-day mediation of the remaining demands. Demands not resolved in mediation proceed in batches of no more than 50, each before a single arbitrator, in the order the administrator determines. A court of the seat may enforce this paragraph.

    18.5 Arbitration Costs

    • Filing and administrative fees are allocated according to the applicable rules. Where the rules or law require RentalTide to pay a consumer claimant's fees, RentalTide will pay them as required. In all other cases each party pays its own filing fees, and the arbitrator's fees are split equally
    • Attorney fees are paid by the respective parties, except that the arbitrator may award reasonable attorneys' fees and costs to RentalTide if the arbitrator finds a claim or defence to be frivolous or brought for an improper purpose, and to either party where the applicable law or rules provide for it
    • Fee advances may be required by the administrator before proceedings begin

    18.6 Jury Trial Waiver

    TO THE EXTENT ANY DISPUTE PROCEEDS IN COURT, YOU AND RENTALTIDE EACH WAIVE ANY RIGHT TO TRIAL BY JURY.

    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, or of first creating your account, whichever is earlier
    • Including your name, the email on your account, and a clear statement that you wish to opt out of arbitration
    • Using subject line: "Arbitration Opt-Out Request"

    An opt-out applies only to the account named in the notice, does not affect any other provision of these Terms (including Sections 15, 19, and 20 and the jury trial waiver), and cannot be exercised on behalf of any other person. Accepting a later version of these Terms does not restart the opt-out period.

    18.8 Severability

    If any portion of this Section 18 is found unenforceable:

    • The remaining portions continue in full effect
    • Unenforceable portions are modified to the extent necessary for enforcement
    • If Section 18.4 is found unenforceable as to a particular claim for class, representative, or public injunctive relief, that claim alone will be severed and heard in the courts identified in Section 20.2 after all individual claims have been arbitrated, and the class action waiver remains effective for every other claim
    • This Section 18 survives termination of these Terms and your account

    19. Limitation Period

    19.1 Claim Deadline

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU MUST COMMENCE ANY ARBITRATION OR LEGAL PROCEEDING AGAINST A RENTALTIDE PARTY WITHIN SIX (6) MONTHS after the cause of action accrues, regardless of when you discover the claim. A claim not commenced within that period is permanently barred.

    19.2 Accrual of Claims

    Claims accrue:

    • Contract claims: when the breach occurs or performance is due
    • Service claims: when the service failure or interruption occurs
    • Payment claims: when the payment becomes due or the charge appears on your statement
    • Privacy claims: when the alleged privacy violation occurs

    19.3 Waiver of Longer Periods

    By using our Services, you waive any right to rely on a longer statutory limitation period that might otherwise apply, to the extent the law permits the period to be varied by agreement. Business users acknowledge that this Section is a business agreement varying the limitation period. This Section does not shorten any limitation period that applies to a consumer where the law prohibits that, and does not apply to RentalTide's claims against you for unpaid amounts or for breach of Sections 5.3, 7, or 21.9.

    20. Governing Law and Jurisdiction

    20.1 Governing Law

    These Terms are governed by and construed in accordance with, in each case without regard to conflict of law principles:

    • the laws of the State of Delaware, United States, where RentalTide Inc. (Delaware) is the contracting company under Section 1.2; or
    • the laws of the Province of Ontario and the federal laws of Canada applicable therein, where RentalTide Inc. (Canada) is the contracting company under Section 1.2.

    The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply.

    20.2 Jurisdiction for Non-Arbitrable Claims

    For claims not subject to arbitration, or if the arbitration agreement is found unenforceable:

    • Exclusive jurisdiction of the courts of the seat named in Section 18.2 for the contracting company: the state and federal courts sitting in Wilmington, Delaware, or the courts of Ontario sitting in Ottawa, as applicable
    • Personal jurisdiction and venue in those courts are consented to by using our Services, and any objection on grounds of inconvenient forum is waived
    • Small claims may instead be brought by a consumer in the small claims court of the consumer's place of residence
    • Collection actions by RentalTide may be brought in any court with jurisdiction over you or your assets

    20.3 International Users

    Users located outside the country of the contracting company acknowledge:

    • The governing law named in Section 20.1 applies to these Terms and to your use of the RentalTide platform
    • Mandatory local laws that cannot be excluded by agreement continue to apply to the extent they cannot be excluded, and only to that extent
    • You are responsible for compliance with local laws applicable to your use of the Services
    • Currency conversions are performed at the rate described in Section 6.2

    Special Provisions for Specific Jurisdictions:

    United States Users:

    • Federal and state consumer protection laws apply to consumers in addition to these Terms, to the extent they cannot be waived
    • Sales tax and regulatory compliance obligations vary by state and are your responsibility

    Australian Users:

    • Australian Consumer Law guarantees apply to consumers and small businesses covered by that law and cannot be excluded
    • Unfair contract term provisions under the Competition and Consumer Act 2010 and the Australian Securities and Investments Commission Act 2001 apply where the law makes them applicable. Australian Small Business Customers have the benefit of Section 20.5. If any remaining term of these Terms would be unfair under that regime as applied to you, that term applies to you only to the extent it is not unfair, and the remainder of these Terms is unaffected
    • Arbitration under Section 18 applies to Australian business users, as modified by Section 20.5 for Australian Small Business Customers. An Australian consumer may instead bring a claim in an Australian court or tribunal of competent jurisdiction
    • Privacy Act 1988 requirements apply to personal information handling

    New Zealand Users:

    • Consumer Guarantees Act 1993 guarantees apply to consumer transactions and cannot be contracted out of. If you acquire the Services for the purposes of a business, you agree that the Consumer Guarantees Act 1993 does not apply, and that this is fair and reasonable
    • Fair Trading Act 1986 prohibitions on misleading conduct apply
    • Privacy Act 2020 requirements apply to personal information handling

    Quebec Users: These Terms and all related documents are available in French. Where a French version has not been provided for a document, you acknowledge that you have expressly requested that it be drawn up in English. Les présentes conditions et tous les documents connexes sont disponibles en français. Lorsqu'une version française n'a pas été fournie pour un document, vous reconnaissez avoir expressément demandé qu'il soit rédigé en anglais.

    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. It does not make RentalTide a party to any protection product or change the law governing your relationship with RentalTide.

    20.5 Australian Small Business Customers

    This Section applies to you if your principal place of business is in Australia and, at the time you accept these Terms, you employ fewer than 100 persons or your annual turnover for the preceding income year was less than AUD 10 million (an "Australian Small Business Customer"). It is intended to ensure these Terms comply with the unfair contract terms regime in Part 2-3 of the Australian Consumer Law and the corresponding provisions of the Australian Securities and Investments Commission Act 2001. If you are an Australian Small Business Customer, the following provisions apply notwithstanding anything else in these Terms or in any incorporated document, and prevail to the extent of any inconsistency:

    Changes to these Terms and fees (Sections 1.3 and 6.1). We will give you at least 30 days' notice of any change to these Terms that is materially adverse to you, and of any fee increase or new fee, except where a shorter period is required by law or by a payment network or processor, in which case we will give as much notice as is practicable. If you do not accept the change, you may terminate your account by notice to us before the change takes effect, without penalty, and we will refund the unused portion of any prepaid subscription fee.

    Automatic renewal (Section 6.1). We will notify you at least 30 days before an annual subscription renews, and the notice will tell you how to cancel.

    Suspension and termination (Section 12.2). We may suspend the Services without notice only where we reasonably consider it necessary to address fraud, a security threat, a legal or regulatory requirement, or a requirement of our payment processor, and we will notify you as soon as practicable and lift the suspension when the cause is resolved. We may terminate for breach only after giving you written notice and, where the breach is capable of remedy, 14 days to remedy it. You may terminate on 30 days' notice if we are in material breach and fail to remedy the breach within 30 days of your written notice, and we will refund the unused portion of any prepaid subscription fee. We may terminate for convenience only on 30 days' notice with the refund described in Section 12.2.

    Reserves and set-off (Section 6.3). We will hold a reserve or delay a payout only to the extent reasonably necessary to cover the risk identified, will tell you the reason and the amount as soon as practicable, and will release the funds promptly when the risk has passed. We may set off only amounts that are due and either undisputed or finally determined, and we will give you a statement of any set-off.

    Indemnity (Section 16). Your indemnity is limited to losses arising from third-party claims, and from your breach of these Terms, your negligence or wilful misconduct, Your Content, your rental operations, and taxes for which you are responsible. It is reduced proportionately to the extent a loss was caused or contributed to by a RentalTide Party's breach of these Terms, negligence, or wilful misconduct, and does not extend to losses caused by our own breach. In return, we will defend you against, and pay any damages finally awarded or agreed in settlement of, a third-party claim that the Services as supplied by us infringe that third party's Australian intellectual property rights, provided you notify us promptly, give us sole control of the defence, and do not settle without our consent. This obligation does not apply to claims arising from Your Content, third-party services, or use of the Services in breach of these Terms, and is subject to the liability cap below.

    Liability (Section 15). Section 15.3 is replaced with the following: the total aggregate liability of the RentalTide Parties to you for all claims arising out of or relating to these Terms and the Services is limited to the total fees paid by you to RentalTide in the 12 months preceding the event giving rise to the claim, or AUD 100 if greater. The exclusion of indirect and consequential loss in Section 15.2 applies equally to both parties, except that it does not limit your obligation to pay fees and amounts due, your indemnity as limited above, or either party's liability for breach of confidence or infringement of the other's intellectual property rights.

    Limitation period (Section 19). Section 19 does not apply to you. The limitation periods under applicable law apply.

    Assignment (Section 21.4). We may assign these Terms without your consent only to an affiliate or to a successor to all or substantially all of the business to which these Terms relate. If we assign to anyone else, we will notify you and you may terminate within 30 days of the notice with a refund of the unused portion of any prepaid subscription fee.

    Entire agreement and no reliance (Section 21.1). Nothing in Section 21.1 excludes or limits liability for misleading or deceptive conduct under the Australian Consumer Law.

    Dispute resolution (Section 18). Arbitration under Section 18 is administered by the Australian Centre for International Commercial Arbitration under its Expedited Arbitration Rules, seated in Sydney, New South Wales, by a single arbitrator, with hearings, if any, held by video conference unless the arbitrator decides otherwise. The class action waiver in Section 18.4 applies only to the extent permitted by Australian law. The courts of New South Wales have jurisdiction over any claim not subject to arbitration. The governing law in Section 20.1 continues to apply, subject to the mandatory provisions of Australian law.

    Provider Terms. This Section 20.5 also applies to, and prevails over, the Provider Terms and every other incorporated document, in each case for the subject matter it addresses.

    We may ask you to confirm whether you meet the definition of an Australian Small Business Customer, and you must answer accurately. If you cease to meet it, this Section continues to apply to the contract you accepted while you met it.

    21. Miscellaneous Provisions

    21.1 Entire Agreement

    These Terms, together with the incorporated documents in Section 1.4, constitute the entire agreement between you and RentalTide regarding the Services, superseding all prior or contemporaneous negotiations, proposals, representations, and agreements, written or oral, relating to the subject matter. You acknowledge that you have not relied on any statement not set out in these Terms, and that RentalTide's marketing materials, sales conversations, roadmap statements, and demonstrations are not part of this agreement.

    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 are modified to the minimum extent necessary for enforceability
    • Intent preserved to the greatest extent possible

    21.3 No Waiver

    Our failure or delay in enforcing any provision does not constitute a waiver of:

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

    A waiver is effective only if in writing and signed by an authorized officer of RentalTide.

    21.4 Assignment

    • You may not assign or transfer these Terms or your account, in whole or in part, by operation of law or otherwise, without our prior written consent. A change of control of your organization is an assignment
    • We may assign these Terms, in whole or in part, without notice or consent, to an affiliate, to either RentalTide company, or to any successor in connection with a merger, acquisition, reorganization, financing, or sale of assets
    • Assignments bind successors and permitted assigns. Any attempted assignment in breach of this Section is void

    21.5 Headings and Interpretation

    Section headings and the summaries in the "Important Legal Notices" and change-log boxes are for convenience only and do not affect the interpretation of these Terms. In these Terms, "including" means "including without limitation", "or" is not exclusive, "may" means the party has a discretion and no obligation, and "days" means calendar days. No rule of construction against the drafting party applies.

    21.6 Survival

    Every provision that by its nature should survive termination or expiry survives, including:

    • Sections 1.2, 1.5, 4, 6 (as to amounts accrued and post-termination chargebacks), 7, 8.2, 12.3, 12.4, 15, 16, 18, 19, 20, and 21

    21.7 Electronic Communications and Signatures

    You consent to receive all communications, notices, agreements, and disclosures from us electronically, by email to the address on your account, by posting in the Services, or by SMS where you have consented under the Messaging & Communications Consent. Electronic communications satisfy any legal requirement that a communication be in writing. Your click, tap, or other electronic acceptance of these Terms or any order form has the same effect as a handwritten signature. You may withdraw your consent to electronic communications only by closing your account. You are responsible for maintaining the hardware, software, and connectivity needed to receive electronic communications.

    21.8 Notices

    Notices to RentalTide that have legal effect (including a notice of Dispute, a notice of breach, or a notice of termination) must be in writing and sent by email to legal@rentaltide.com with a copy by courier or registered mail to the registered office of the contracting company in Section 1.2. Notices are effective on receipt. Notices to you are effective when sent by email to the address on your account or posted in the Services.

    21.9 Confidentiality

    Non-public information you receive from us about the Services, including pricing not published on our website, roadmap information, security information, API documentation marked confidential, and the contents of any support or dispute communication, is our confidential information. You will not disclose it to any third party or use it other than to use the Services, and will protect it with at least reasonable care. This obligation lasts for three years after termination and indefinitely for trade secrets.

    21.10 Relationship of the Parties

    The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, franchise, employment, or fiduciary relationship. RentalTide acts as the operator's limited agent solely for the purpose of presenting, accepting, routing, and settling payments under Section 3.6, and for no other purpose. Neither party may bind the other.

    21.11 No Third-Party Beneficiaries

    Except for the RentalTide Parties, who may enforce Sections 15 and 16, and our payment processor, who may enforce provisions that protect it, no person other than the parties has any right to enforce these Terms.

    21.12 Equitable Relief

    You acknowledge that a breach of Sections 5.3, 7, or 21.9 may cause RentalTide irreparable harm for which damages would be an inadequate remedy, and that RentalTide is entitled to seek injunctive or other equitable relief for such a breach without posting a bond and without proving actual damages, in addition to any other remedy.

    21.13 Export Controls and Government Use

    You will comply with all applicable export control and sanctions laws, and will not use, export, or re-export the Services in violation of them. If you are a government entity, the Services are commercial computer software and documentation licensed with only those rights granted to all other users under these Terms.

    21.14 Beta and Preview Features

    We may offer features identified as alpha, beta, preview, early access, or similar ("Beta Features"). Beta Features are provided for evaluation, may be changed or withdrawn at any time, may be subject to additional Feature Terms, and are provided without any warranty, SLA, or support commitment. Our liability for Beta Features is excluded to the maximum extent permitted by law.

    21.15 Language

    These Terms are drafted in English. Any translations are provided for convenience only, and the English version controls in case of conflict, except where the law of your jurisdiction requires otherwise (see the Quebec provision in Section 20.3).

    22. Contact Information

    22.1 General Inquiries

    RentalTide Inc. (Delaware): 1111B S Governors Ave STE 48363, Dover, DE 19904, United States RentalTide Inc. (Canada): 110 Didsbury Road, Ottawa, Ontario K2T 0C2, Canada Phone: (888) 709-2650 Email: hello@rentaltide.com

    22.2 Legal and Compliance

    22.3 Dispute Resolution

    22.4 Business Hours

    • Phone Support: Monday-Friday, 9:00 AM - 6:00 PM ET
    • Email Support: monitored 24/7, with a target first response within 24 hours on business days. Support targets are set out in the SLA and are not warranties
    • 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.