Terms of Service

FastRent App Terms of Service

Last Updated - 08 April 2025

BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE PROVISIONS BELOW, INCLUDING, WITHOUT LIMITATION, THE ARBITRATION PROVISIONS. PLEASE READ THEM CAREFULLY.

1. Key Terms

Fast Rent App, [a wholly owned subsidiary of FastRent App Limited.] (hereafter referred to as “FastRent”, “we”, “us”, or “our”) provides an online platform that connects Hosts who rent space, items, services, time, experience, and/or expertise to Renters (collectively, the “Services”). In this document, the terms “Service” or “Services” refer to any services we offer, including, but not limited to, all FastRent web applications, mobile applications, and other software, helpdesk services, beta versions, and the website accessible at www.fastrentapp.io and its associated content (collectively, the “Site”) as well as any and all marketing channels where Collective Content may be disseminated in FastRent’s sole discretion. The terms “you” or “your” refer to the users of the FastRent Service. The term “Host” refers to the person who publishes and offers space, items, services, time, experience, and/or expertise (hereinafter referred to as “Offering” or “Offerings”). The term “Renter” refers to any individual who, under these Terms, can utilize and/or benefit from the Offerings. The term “Listing” refers to the searchable description and advertising of the Offerings as found on this Site or the Services. The term “Booking” refers to a confirmed transaction between Host and Renter whereby Renter utilize and/or benefit from the Offerings. “Member” means a person who creates a FastRent account (“FastRent Account”) through the registration process, including, but not limited to Hosts and Renters. “FastRent Content” means all Content that FastRent makes available through the Site including any Content licensed from a third party but excluding Member Content. “Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site. Member Content may include user profiles and biographical information. “Collective Content” means Member Content and FastRent Content. “Content” means text, graphics, images, software, audio, video, information or other materials.

2. Terms relating to Service

2.1 FastRent’s Responsibilities. FastRent makes available a platform or marketplace with related technology for Renters and Hosts to meet online and arrange for Bookings of Offerings. FastRent is not an owner or operator of the Offerings, nor is it a broker, agent, insurer, or escrow agent. FastRent does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control the Offerings. FastRent’s responsibilities are limited to facilitating the availability of the Site, Services and its platform. FastRent does not act as an agent for any Member except for the limited purpose of accepting payments from Renters on behalf of the Host and, in limited circumstances, to assist in remedying a Renter's Default in accordance with these Terms. FastRent has no control over the conduct of Hosts, Renters, or other users of the Site and Services, and disclaims any and all liability.

2.2 Agreement to Terms. By using the Site or Services you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a Member, or other registered user of the Services. These Terms govern your access to and use of the Site and Collective Content (defined below), which constitute a binding legal agreement between (i) you and FastRent and (ii) a Renter and Host. If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Services, Site or Collective Content. Unauthorized or improper use of the Services or a violation of the Terms set forth herein may result in you being banned from the site and any use of the Services, Site and FastRent’s platform or other service and may subject you to civil liability and/or criminal penalties.

2.3 Host and Renter Agreements. You understand and agree that FastRent is not a party to any agreements entered into between hosts and renters, and you agree not to involve FastRent in any dispute between hosts and renters, except as these terms expressly require FastRent to be involved. Signed written agreements entered into between hosts and renters will supersede and take precedence over conflicting terms herein as it relates solely to the rights and obligations owed by renters to hosts and hosts to renters. Any agreement between hosts and renters will not modify or impact hosts’ and renters’ obligations to FastRent under these terms or FastRent’s rights under these terms, including, but not limited to, (i) all payments from renters to hosts related to the booking or use of the Offering must be processed through the FastRent platform, and (ii) in the limited circumstances when FastRent assists with remedying a renter default, as provided herein, such assistance will be provided in accordance with these terms.

2.4 Know your Legal Obligations. You agree that you are solely responsible to become familiar with and abide by any law or other regulation that relates to the rental and/or use of the Offerings, including any requirement for hosts to register or obtain a license or permit before listing any Offering (“applicable law”). FastRent does not advise on issues related to applicable law. If you have any questions about how applicable laws apply, you should always seek legal advice.

2.5 Listing Content and Suitability Of Offerings. The Site and Services are intended to be used to facilitate the Booking of Offerings. FastRent cannot and does not control the Content contained in any Listing nor the condition, legality, or suitability of any Offering. FastRent is not responsible for, and disclaims any and all liability arising from, the Content of any Listing or the suitability of any Offering.

2.6 Authority. You acknowledge and agree that, by accessing or using the Site or Services or by downloading or posting any Content from or on the Site or through the Services, or by referring others, you are indicating that you have read, and that you understand and agree to be bound by these Terms, whether or not you have registered with the Site, mobile/web application, or Services. If you do not agree to these Terms, then you have no right to access or use the Site, Services, or Collective Content. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your'' will refer and apply to that company or other legal entity, and its successors and assignors.

2.7 Age Requirement. The Site is intended solely for persons who are 18 years of age or older. Any access to or use of the Site or Services by anyone under 18 years of age is expressly prohibited, unless they have obtained valid parental consent. By accessing or using the Site or Services, you represent and warrant that you are 18 years of age or older, or that you have obtained valid parental consent.

3. Non-discrimination Policy

3.1 Compliance with Applicable Law. FastRent is, at its core, an open community dedicated to connecting people to promote the mindset of recycling, rethinking and reusing resources. FastRent welcomes and services a diverse community, drawing together individuals of different cultures, values, and norms. To remain a Member, you are required to comply with all Applicable Laws, whether federal, state, or local, including those relating to diversity and non-discrimination. In addition, you may not:

• Decline a Renter based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
• Impose any different terms or conditions based on race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
• Post any listing or make any statement that discourages or indicates a preference for or against any Host or Renter on account of race, color, ethnicity, national origin, religion, sexual orientation, gender identity, or marital status.
• Decline a Renter based on any actual or perceived disability.
• Impose any different terms or conditions based on the fact that the Renter has a disability.
• Substitute your own judgement about whether a Offering meets the needs of a Renter with a disability for that of the prospective Renter.
• Inquire about the existence or severity of a Renter’s disability, or the means used to accommodate any disability. If, however, a potential Renter raises its disability, a Host may, and should, discuss with the potential Renter whether the Offering meets the potential Renter’s needs.
• Prohibit or limit the use of mobility devices.
• Charge more in fees for Renters with disabilities.
• Post any listing or make any statement that discourages or indicates a preference for or against any Renter on account of the fact that the Renter has a disability.
• Refuse to communicate with Renters through accessible means that are available, including relay operators (for people with hearing impairments) and e-mail (for people with vision impairments using screen readers).
• Refuse to provide reasonable accommodations, including flexibility when Renters with disabilities request modest changes in your house rules, such as bringing an assistance animal that is necessary because of the disability, or using an available parking space near the unit. When a Renter requests such an accommodation, the Host and the Renter should engage in a dialogue to explore mutually agreeable ways to ensure the Offering meets the Renter’s needs.

3.2 When Renters are turned down. Hosts should keep in mind that no one likes to be rejected or turned down. While a Host may have, and articulate, lawful and legitimate reasons for turning down a potential Renter, it may cause that member of our community to feel excluded or unwelcome. Hosts should make every effort to be welcoming to Renters of all backgrounds. Hosts who demonstrate a pattern of rejecting Renters from a protected class (even while articulating legitimate reasons) undermine the strength of our community by making potential Renters feel unwelcome, and FastRent may remove such Hosts from the FastRent platform and/or prohibit their use of the Site and/or Services.

4. Accounts

4.1 Third Party Accounts. As part of the current and future functionalities of the Site and Services, you may link your FastRent Account with third party accounts (“Third Party Account”), by either: (i) providing your Third Party Account login information to FastRent through the Site or Services; or (ii) allowing FastRent to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to FastRent and/or grant FastRent access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating FastRent to pay any fees or making FastRent subject to any usage limitations imposed by such third party service providers. By granting FastRent access to any Third Party Accounts, you understand that FastRent will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site and Services via your FastRent Account and FastRent Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your FastRent Account on the Site and Services. Please note that if a Third Party Account or associated service becomes unavailable or FastRent’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site and Services. You have the ability to disable the connection between your FastRent Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site. Your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers.

4.2 SNS Content. FastRent makes no effort to review any Social Network Services (SNS) Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and FastRent is not responsible for any SNS Content.

4.3 Account Information. We will create your FastRent Account and your FastRent Account profile page based upon the personal information you provide to FastRent or that we obtain via a Third Party Account as described above. You may not have more than one (1) active FastRent Account. You agree to provide accurate, current and complete information during the registration process and to promptly update such information to keep it accurate, current and complete. All changes to contact information, including addresses, phone numbers, and email addresses, will not be effective unless the new information is complete and is reported via the FastRent Site. FastRent requests that Renters provide contact information for a secondary/emergency contact whom FastRent and/or the Host may contact in the event you are unreachable and to whom notices may be sent, if required by applicable law. Hosts acknowledge that they are required to provide correct bank account information in order to receive the host payout. FastRent reserves the right to suspend or terminate your FastRent Account and your access to the Site and Services without cause or notice. Some possible reasons for termination include but are not limited to: (1) if you create more than one FastRent Account; (2) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; and (3) breach of these Terms. Termination of an account may result in forfeiture and destruction of all information associated with such account.

4.4 Password. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your FastRent Account, whether or not you have authorized such activities or actions. You will immediately notify FastRent of any unauthorized use of your FastRent Account by emailing [email protected].

4.5 Communications and Notices. You have provided FastRent certain contact information, including, but not limited to, a mobile phone number and email address. You agree that all notices required by these terms or by law may be sent by fastrent to the email address you have provided. You hereby give express consent to FastRent and its affiliates, agents, and service providers, including any FastRent-designated collections agency, to use written, electronic, or verbal means to contact you. This consent includes, but is not limited to, contact by mail, manual calling methods, prerecorded or artificial voice messages, text messages, emails and/or automatic telephone dialing systems. FastRent may also contact you about current or future services available to you. You may revoke your consent by contacting FastRent at [email protected].

5. Listings

5.1 Creation of Listings. As a Member, you may create Listings. To this end, you may be asked a variety of questions about the Offering to be listed, including, but not limited to, the location, capacity, size, features, availability, and pricing and related rules and financial terms. In order to be featured in Listings via the Site and/or Services, all Offering must have a valid physical address. Listings will be made publicly available via the Site and Services. Other Members will be able to book your Offering via the Site and Services based upon the information provided in your Listing.

5.2 Host Responsible for Listings. You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the Booking of, or Renter’s use of, a Offering in a Listing you post (i) will not breach any agreements you have entered into with any third parties, (ii) you own, license, or otherwise have all necessary rights to occupy or rent the Offering, and (iii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Offering included in a Listing you post, including, but not limited to, zoning laws, licensure requirements, and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. Please note that FastRent assumes no responsibility for a Host’s compliance with any applicable laws, rules and regulations.

5.3 FastRent’s Right to remove Listings. FastRent reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that FastRent, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or Applicable Law or otherwise harmful to its community or the Site or Services.

5.4 Host imposed Requirements. When you create a Listing, you may also choose to include certain requirements and list prohibited actions which must be met by the Members who are eligible to request a Booking of your Offering, including, but not limited to, requiring Members to have a verified phone number in order to book your Offering. Any Member wishing to book an Offering included in Listings with such requirements must meet these requirements. The Renter, Renter’s employees, agent, family, guests and other invitees agree to comply with Host’s requirements and policies and any other rules which are contained in the Listing or otherwise agreed to by Renter. Failure to comply with such rules may result, without limitation, in (i) the Renter being held in Default (as defined below) and (ii) the Renter being responsible for damages to the Host’s property or Offering. More information on how to set such requirements is available via the “My Listings” section of the Site and/or Services.

5.5 Offering Description. Each Host must provide a truthful and accurate description of the Offering in a Listing. If a Host misrepresents a Offering or otherwise provides inaccurate or incomplete information about a Offering in a Listing, as determined by FastRent in its sole discretion, (a) FastRent may, in its sole discretion, determine if and the extent to which the applicable Renter is entitled to a refund and (b) the Payout Guarantee (as defined below), if applicable, is void with respect to such Listing. Additionally, FastRent may, in its sole discretion, (i) refuse to pay Host amounts refunded to Renter, (ii) withhold current or future payouts to Host, (iii) otherwise charge or pull back payouts to Host, or (iv) seek all legal remedies against Host for Host’s violation of this provision or these Terms. If Renter believes the Offering does not match the description in the Listing or is otherwise not as anticipated, Renter may refuse to rent the Offering. However, in the event Renter confirms the satisfactory receipt of the Services on the Site, Renter confirms the Listing description is accurate and confirms Renter’s acceptance of the Booking.

5.6 Host Responsible for Host’s Actions. You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Offering at your request or invitation, excluding the Renter (and the individuals the Renter invites to the Offering, if applicable). Hosts agree to use the Offering’s existing security features (e.g., doors, garage doors, gates, locks, cameras, etc.), if any, to reasonably protect the Renter's belongings from damage or theft. In the event FastRent incurs expenses or losses, including making payment to Renter pursuant to a Protection Plan, as a result of Host causing damage to Renter's belongings or Host’s violation of these Terms or negligent conduct, Host shall be responsible for compensating FastRent for such loss or expense, and FastRent may collect such compensation by any means, including withholding and pulling back payouts to Host. Hosts agree to correspond with FastRent and, upon request, provide information related to Bookings and Listings, including providing information related to damages or theft of Renter's belongings and other claims by Renters.

5.7 Taxes. You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. FastRent cannot and does not offer tax-related advice to any Members of the Site and Services. Additionally, please note that each Host is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings. FastRent is neither responsible nor liable for notifying, collecting, or paying any such taxes.

5.8 Payments must be made on the Platform. You agree to never solicit another user to engage in a lease, license, or rental of any Offering outside of the FastRent platform. Hosts agree to never insist, ask, or insinuate that a Renter pay any or all of the fees described herein directly to the Host, except in cases where an offline payment option is explicitly provided and agreed upon by both parties. Hosts further agree to never accept payment made directly to them with a check, cash, or any payment method other than through FastRent, unless an offline payment option has been authorized. Renters also agree to never ask a Host to receive any or all of the fees directly, unless an offline payment option has been authorized, and the Renter agrees to never make payment directly to the Host, unless otherwise agreed upon through the authorized offline payment option. If a Host or Renter violates this prohibition, FastRent may immediately cancel the Host’s and/or Renter’s account, Host and Renter will remain liable for the applicable fees, and Host and Renter shall pay FastRent an amount equal to 24 months of Total Fees to partially compensate for administrative costs and not as a penalty. FastRent may collect such fees by, among other things, deducting the fees from amounts owed to Host or otherwise charging the Host’s and/or Renter’s account. Any deduction and/or payment hereunder shall not limit FastRent from pursuing any other remedy to which it is entitled hereunder or pursuant to Applicable Law. Any dispute and/or litigation between Renters and Hosts regarding direct payments in violation of this section shall be between Hosts and Renters exclusively and shall not name or otherwise include FastRent as a party.

6. Payment Authorization

In connection with your Booking, you will be asked to provide customary billing and payment information, including your name, billing address and credit card or other payment information, either to FastRent or its third party payment processor. If you are directed to FastRent’s third party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using such services. You hereby authorize the collection of all amounts by charging the credit card or other payment method provided as part of requesting the Booking, either directly by FastRent or indirectly via a third party online payment processor or by one of the payment methods described on the Site or Services. Please note that FastRent cannot control any fees that may be charged to a Renter by its bank related to FastRent’s collection of owed amounts, and FastRent disclaims all liability in this regard. You understand and agree that FastRent, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the amounts owed or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), to verify your credit card.

7. Insurance

FastRent does not provide insurance to hosts or renters. Hosts and renters are responsible to provide their own insurance to cover damages that may occur to the host’s and/or renter’s property, including damages to the renter's belongings and/or renter’s personal wellbeing. FastRent is not obligated to provide insurance to protect the renter’s life, and FastRent does not have insurance covering the renter and the renter’s belongings. FastRent recommends that renters purchase insurance for the services, which insurance is available from most insurers, or that renters purchase an appropriate protection plan for the services.

8. Booking and Financial Terms

8.1 Accepting and Declining Bookings. If you are a Host and a Booking is requested for your Offering via the Site or Services, you must approve or decline the Booking within 24 hours of when the Booking is requested (as determined by FastRent in its sole discretion) or the Booking request will be automatically declined. When a Booking is requested via the Site or Services, we will share with you (i) the name of the Renter who has requested the Booking, (ii) the start date of the requested Booking period (“Start Date”) and (iii) a link to the Renter’s FastRent Account profile page. If you are unable to confirm or decide to decline a Booking of an Offering within such 24-hour period, any amounts collected by FastRent for the requested Booking will be refunded to the applicable Renter. When you confirm a Booking requested by a Renter, a confirmation of the booking of the Offering will be shared with the Renter, and FastRent will send you an email and/or in-app message or other notification confirming the Booking.

8.2 Fees. The fees displayed in each Listing include the rental charges of the Offerings (hereinafter referred to as “Rental Fees”), and Platform Fees, if applicable. Where applicable, taxes may be charged in addition to the Rental Fees and Platform Fees. The Rental Fees and Platform Fees and any applicable taxes are collectively referred to in these Terms as the “Total Fees”. Unless otherwise indicated, Total Fees in the Listing are displayed either on an hourly or monthly basis. The amounts due and payable by a Renter solely relating to a Host’s Offering are the “Offering Fees”. Please note that it is the Host and not FastRent, which determines the Offering Fees. Offering Fees may also include applicable taxes. In each transaction, FastRent charges a fee to both the Renter and Host based upon a percentage of applicable Rental Fees, which is referred to herein as “Platform Fees”. The standard Platform Fees is set forth in the documentation communicated to Renters at the time they review the Booking and may change from time to time subject to notice to Renters. “Platform Fees” are to cover the merchant services and direct deposit or payment gateway processing fees that FastRent uses to process payments, as well as broker/referral fees, when applicable. Except as otherwise provided herein, Platform Fees are non-refundable.

8.3 Renter Payment. Each Renter agrees to pay FastRent the Total Fees for any Booking requested in connection with your FastRent Account if the applicable Host confirms such requested Bookings. Such payment shall be made in accordance with these Terms by one of the methods described on the Site or Services.

8.4 Host Receipt of Offering Fees. FastRent will collect from Renter the Total Fees at the time of Booking confirmation (i.e., when Host approves and confirms the Booking for ‘Request to Book’ Listings; or when FastRent receives Booking of “Instant Book” Listings). For transactions using credit cards or digital payment methods, the timeline for payout of the Offering Fees to Hosts will be determined by the payout schedule established by FastRent's payment gateway supplier. FastRent has no control over the payout schedule for Hosts. Both Hosts and Renters agree that the payout process will be initiated only after both parties mark the transaction as complete. Hosts acknowledge that Offering Fees will be directly deposited into their bank accounts, net of Platform Fees and other bank or intermediary fees that may be incurred. If Renter does not dispute a charge within thirty (30) days of such charge, Renter waives any claim or argument that the charge was made in error or in violation of these Terms.

8.5 Renter Disclosures. As a Renter, you agree to disclose on the Site the space, items, services, time, experience, and/or expertise you wish to rent upon requesting a Booking. You acknowledge and agree that both FastRent and the Host are not liable for your undisclosed requests and you accept liability for any damages caused to the Host’s Offerings during the rental period.

8.6 Renter Cancellation. It is the responsibility of the Renter, not the Host, to cancel a Booking once the Renter has decided to not proceed further with the Booking. Sending a message to the Host does not cancel a Booking. Renters must visit their My Booking page to cancel their Booking. The following provisions apply to cancellation by a Renter, subject to FastRent’s discretion:

• When the Hosts indicate the Cancellation Policy is “Flexible”, Renters may cancel their Booking up to 24 hours before the start time and will receive a full refund of the Total Fee of the Booking (excluding applicable Platform Fees). Bookings made less than 24 hours before the start time are not refundable.
• When the Hosts indicate the Cancellation Policy is “Moderate”, Renter may cancel up to 7 days before the start time for a full refund of the Total Fee of the Booking (excluding applicable Platform Fees) . Cancellations made between 7 days to 24 hours before the start time will receive a 50% refund of the Total Fee of the Booking (excluding applicable Platform Fees). Bookings made less than 24 hours before the start time are not refundable.
• When the Hosts indicate the Cancellation Policy is “Strict”, Renters may cancel up to 30 days before the start time for a full refund of the Total Fee of the Booking (excluding applicable Platform Fees). Renter may cancel between 30 days to 7 days before the start time to receive a 50% refund of the Total Fee of the Booking (excluding applicable Platform Fees). Bookings made less than 7 days before the start time are not refundable.
• When the Hosts indicate the Cancellation Policy is “Very Strict”, Renters may cancel their Booking up to 90 days before the start time for a full refund of the Total Fee of the Booking (excluding applicable Platform Fees). Renter may cancel their Booking between 90 days and 14 days before the start time and receive a 50% refund of the Total Fee of the Booking (excluding applicable Platform Fees). Bookings made less than 14 days before the start time are not refundable.

FastRent may, in its sole discretion, halt, pull back, or otherwise withhold payouts to Hosts to cover a refund to Renter if the Renter cancels in the stipulated time.

8.7 Host Cancellation. If a Host needs to cancel a Booking before the start time, the Renter will receive a full refund. Unless Host and Renter have entered into a separate written agreement stating otherwise, if for some reason a Host needs to terminate a Booking, the Host is required to provide thirty (30) days’ notice to the Renter.

Unless Host and Renter have entered into a separate written agreement allowing for Host to cancel a Booking with less than thirty (30) days’ notice, if an extreme situation requires a Host to terminate a Booking with less than thirty (30) days’ notice, the Renter will receive a full refund (minus Platform Fees) of the Total Fee. Hosts who repeatedly cancel Bookings may be subject to additional charges, including removal from the FastRent community and suspension of use of the Site and Services. In the event a Host needs to cancel a Booking as provided in this section, the Host is responsible to cancel the Booking on the FastRent platform.

 

9. Damage to Renter's belongings, Bodily Injury, and Theft

9.1 Damages to Renter's belongings. Hosts are responsible for damages caused by them to the Renter’s belongings. To avoid disputes, Hosts are encouraged to record the initial state of the Renter's belongings. FastRent may, in its sole discretion, halt or withhold Host payouts or otherwise collect amounts from Host due to such Host’s misconduct (including, without limitation, for breach of these Terms) or damage to the Renter's belongings caused by such Host.

9.2 Bodily Injuries. Renter agrees that the use of the Offering is at Renter’s sole risk. Renter agrees that, without limiting any duties of the Host to take reasonable steps to protect Renter's belongings, Host shall have no liability to Renter or Renter’s invitees for any personal or bodily injury except in the event of Host’s gross negligence or willful misconduct. Renter hereby waives and disclaims any and all claims or causes of action Renter may have against Host, in the event of personal or bodily injury to Renter or Renter’s invitees, except as a result of Host’s gross negligence or willful misconduct.

9.3 Theft of Renter's belongings. The Host is not responsible for lost or stolen Renter's belongings so long as (i) a police report is filed and the police determine that there is evidence of forcible or unlawful entry into the Host’s Offering; and (ii) Host’s negligent or intentional conduct did not contribute to the theft (e.g., failing to use the Offering’s existing security features).

10. Renter Responsibility for Damage to Host’s Property and Offering

Renters are responsible for damages they or their Renter's belongings cause to Host’s property or Offering. To avoid disputes, Renters are encouraged to record the initial state of the Host’s property and Offering before the commencement of the rental period.

11. General Rental Terms and Prohibited Items

11.1 General Rental Terms. Renter agrees not to use the rented Offering for any unlawful purpose. Unless Host and Renter agree otherwise, Renter may not modify host’s property or install/utilize security monitoring systems or cameras on host’s property. Renter must comply with the Host’s reasonable instructions. Use of the Offering for any unlawful purpose is expressly prohibited.

11.2 Prohibited Items. Use of the following items in any FastRent Offering is EXPRESSLY PROHIBITED (EACH IS A “PROHIBITED ITEM”):

• EXPLOSIVES, FUEL, HAZARDOUS OR FLAMMABLE MATERIALS
• FIREARMS OR AMMUNITION
• DRUGS OR ANY ILLEGAL SUBSTANCES OR GOODS
• STOLEN GOODS
• ANY OTHER ITEMS SPECIFICALLY IDENTIFIED BY THE HOST ON THE LISTING AS EXPRESSLY PROHIBITED
• ANY OTHER ITEMS, THE POSSESSION, USAGE, TRANSPORT OR STORAGE OF WHICH MAY VIOLATE IN ANY WAY APPLICABLE LAWS, RULES, OR REGULATIONS
• RENTERS MAY NOT USE THE RENTED OFFERING AS RENTER’S MAILING ADDRESS.

11.3 Renter’s breach of this Section. Upon breach, or Host’s reasonable suspicion of breach, of this section 11 by Renter, the Renter agrees that the Host has the right to immediately terminate the Booking and demand that Renter exit from the Host’s premises, if applicable. If Renter does not reasonably comply, Host may take all legally permissible actions, in its reasonable discretion, which actions may include, without limitation, forfeiture and disposal of the Renter's belongings pursuant to applicable law and the provisions of these Terms. Host may also contact law enforcement or other authorities to report illegal activities of Renter. Renter agrees to release, indemnify, and hold Host and FastRent harmless from and against any and all liability arising from or relating to the removal or forfeiture of Renter's belongings pursuant to these Terms, or the Renter’s breach, including any allegations or investigations relating thereto. Renter shall forfeit all Offering Fees and Platform Fees paid up to the date of termination hereunder.

12. Defaults

12.1 Default by Host. In addition to the other rights and remedies detailed in these Terms and otherwise available at law or in equity, if FastRent determines, in its sole discretion, that a Host has or is reasonably believed to have violated these Terms or Applicable Law, FastRent (i) may recover, pull back, halt, or withhold payouts to such Host unless and until such time that it is determined by clear and convincing evidence that Host was not in violation of these Terms or Applicable Law, and (ii) has no obligation to assist Host in evicting Renter or removing Renter’s Renter's belongings. In the event Host’s violation results in FastRent and/or Renter incurring expenses or fees, Host shall be responsible for paying all such expenses and fees.

12.2 Default by Renter. 

Renter will be in “Default” if:

• Renter has failed to pay any sum when due under the Listing, or
• Renter has failed to notify FastRent of a change in Renter’s address, e-mail address, or phone number as required in these terms; or
• Renter has provided false or incorrect information to Host or to FastRent; or
• Renter has failed to return total possession of the Offering by (i) the end of its Booking period, (ii) the date on which Renter is to return as required by the Host, or (iii) the date on which Renter and Host have agreed Renter will return the Offering; or
• Renter has failed to comply, or upon reasonable suspicion has failed to comply, with any provision of these Terms, or any supplemental rules in the Listing or provided by Host; or
• Renter has violated, or upon reasonable suspicion has violated, health, safety or criminal laws on the Host’s property, regardless of whether arrest or conviction has occurred. 

Failure of FastRent or Host to enforce any of these Terms shall not constitute waiver of such Term(s).

13. Reviews

Users may have an opportunity to review another user. Your review must be accurate and may not contain any discriminatory, offensive, or defamatory messages. Reviews are not verified by FastRent for accuracy and may be incorrect or misleading.

14. No Endorsement

FastRent does not endorse any Members or any Offering. You are responsible for determining the suitability of others whom you contact or contact you via the Site and Services. FastRent will not be responsible for any damage or harm resulting from your interactions with other Members. By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from FastRent with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and/or Services regarding any Bookings or Listings made by you.

15. User Liability

15.1 Compliance: You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the site, services, and content.

15.2 Impermissible Conduct: In connection with your use of our Site and Services, you may not and you agree that you will not:

• Violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and tax regulations;
• Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape”, “crawl” or “spider” any web pages or other services contained in the Site, Services or Content;
• Use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
• Copy, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms;
• Infringe the rights of any person or entity, including without limitation, its intellectual property, privacy, publicity or contractual rights;
• Interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
• Use our Site or Services to post, transmit, distribute, or submit any information concerning any other person or entity, including without limitation, photographs of others without its permission, personal contact information or debit cards, credit cards, calling cards, or account numbers;
• Use our Site or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements;
• “Stalk” or harass any other user of our Site, or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as a FastRent Renter or Host;
• Register for more than one FastRent Account or register for a FastRent Account on behalf of an individual other than yourself;
• Offer, as a Host, any Offering that you do not yourself own or have permission to rent (without limiting the foregoing, you will not list Offering as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);
• Offer, as a Host, any Offering that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
• Contact a Host for any purpose other than asking a question related to a Booking, such Host’s Offering or Listings;
• Contact a Renter for any purpose other than asking a question related to a Booking or such Renter’s use of the Site and/or Services;
• When acting as a Renter or otherwise, recruit or otherwise solicit any Host or other Member to join third party services or websites that are competitive to FastRent, without FastRent’s prior written approval;
• Impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
• Use automated scripts to collect information or otherwise interact with the Site or Services;
• Use the Site and Services to find a Host or Renter and then complete a Booking of a transaction independent of the Site or Services in order to circumvent the obligation to pay any Platform Fees and Processing Fees related to FastRent’s provision of the Services;
• As a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
• Post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
• Systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
• Use, display, mirror or frame the Site, or any individual element within the Site or Services, FastRent’s name, logo or other proprietary information, or the layout and design of any page or form contained on a page, without FastRent’s express written consent;
• Access, tamper with, or use non-public areas of the Site or FastRent’s computer systems, or the technical delivery systems of FastRent’s providers;
• Attempt to probe, scan, or test the vulnerability of any FastRent system or network or breach any security or authentication measures;
• Avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by FastRent or any of FastRent’s providers or any other third party (including another user) to protect the Site, Services or Collective Content;
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, App, Services or Collective Content to send altered, deceptive or false source-identifying information;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.

16. Reporting Misconduct

If you rent Offering to anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who: (a) engages in offensive, violent or sexually inappropriate behavior, (b) you suspect of stealing from you, or (c) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities, including law enforcement, and to FastRent by contacting [email protected]; provided that your report will not obligate FastRent to take any action beyond that required by law (if any) or cause FastRent to incur any liability to you.

17. Termination and Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site and Services, and (b) deactivate or cancel your FastRent Account. Upon termination we will promptly pay you any amounts we reasonably determine FastRent owes you in its discretion, which FastRent is legally obligated to pay you. In the event FastRent terminates these Terms, or your access to FastRent’s Site and Services, or deactivates or cancels your FastRent Account, you will remain liable for all amounts due hereunder. You may cancel your FastRent Account at any time by sending an email to [email protected] . Please note that if your FastRent Account is cancelled, FastRent does not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback you have provided to FastRent.

18. Disclaimers

18.1 General: If you choose to use the site and services, you do so at your sole risk. You acknowledge and agree that FastRent does not have an obligation to conduct background checks on any member but may conduct such background checks in its sole discretion. The site and services and all content are provided “as is”, without warranty of any kind, either express or implied. Without limiting the foregoing, FastRent explicitly disclaims any warranties of merchantability, fitness for a particular purpose, quiet enjoyment or non-infringement, and any warranties arising out of course of dealing or usage of trade. FastRent makes no warranty that the site, services, collective content, including, but not limited to, the listings or any space will meet your requirements or be available on an uninterrupted, secure, virus-free, or error-free basis. FastRent makes no warranty regarding the quality of any listings, space, the services or collective content or the accuracy, timeliness, truthfulness, completeness or reliability of any collective content obtained through the site, or services. No advice or information, whether oral or written, obtained from fastrent or through the site, services or collective content, will create any warranty not expressly made herein.

18.2 User Interactions. You are solely responsible for all of your communications and interactions with other users of the site or services and with other persons with whom you communicate or interact as a result of your use of the site or services, including, but not limited to, any hosts or renters. You understand that FastRent does not make any attempt to verify the statements of users of the site or services or to review or visit any space. Fastrent makes no representations or warranties as to the conduct of users of the site or services or their compatibility with any current or future users of the site or services. You agree to take reasonable precautions in all communications and interactions with other users of the site or services and with other persons with whom you communicate or interact as a result of your use of the site or services, including, but not limited to, renters and hosts, particularly if you decide to meet offline or in person regardless of whether such meetings are organized by FastRent. Fastrent explicitly disclaims all liability, of any kind or nature, and you agree FastRent shall not be liable for any act or omission of any renter or other third party.

19. Limitations of Liability

19.1 General. You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, services and collective content, your listing or booking of any space via the site and services, and any contact you have with other users of fastrent whether in person or online remains with you. Neither fastrent nor any other party involved in creating, producing, or delivering the site, services or collective content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these terms, From The Use Of Or Inability To Use The Site, Services Or Collective Content, From Any Communications, Interactions Or Meetings With Other Users Of The Site, Or Services Or Other Persons With Whom You Communicate Or Interact As A Result Of Your Use Of The Site, Services Or From Your Listing Or Booking Of Any Space Via The Site And Services, Whether Based On Warranty, Contract, Tort (Including Negligence), Product Liability Or Any Other Legal Theory, And Whether Or Not Fastrent Has Been Informed Of The Possibility Of Such Damage, Even If A Limited Remedy Set Forth Herein Is Found To Have Failed Of Its Essential Purpose.

19.2 Maximum Damages. Except for our obligations to pay amounts to applicable hosts pursuant to these terms or an approved payment request under the FastRent host guarantee (if available), in no event will FastRent’s aggregate liability arising out of or in connection with these terms and your use of the site or services including, but not limited to, from your listing or booking of any space via the site and services, or from the use of or inability to use the site, services, or collective content and in connection with any space or interactions with any other members, exceed the amounts you have paid or owe for bookings via the site and services as a renter in the twelve (12) month period prior to the event giving rise to the liability, or if you are a host, the amounts paid by FastRent to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred dollars ($100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between FastRent and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you.

20. Indemnification

You agree to release, defend, indemnify, and hold FastRent and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with:

• Your access to or use of the Site, Services, or Collective Content or your violation or breach of these Terms;
• Your Member Content or Listing Content;
• Any injury occurring to any person or property as a result of the use, occupancy, travel to or from, or the entry or exit from, any Offering by you;
• Your (i) interaction with any Member, (ii) Booking of a Offering, (iii) creation of a Listing or (iv) the use, condition or rental of a Offering by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a Booking or use of a Offering;
• Any dispute between you and another user of the Site or Services; and
• Any infringement or misappropriation of a third party’s rights.

21. Member Content

21.1 Content License. We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to FastRent a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site and Services.

21.2 Representation and Warranty. You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and/or Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to FastRent the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or FastRent’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

22. Links

22.1 Third Party Resources. The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that FastRent is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by FastRent of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

22.2 Third Party Terms of Use. Some portions of the FastRent Site, Services, and/or platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use, located at: https://www.google.com/intl/en_us/help/terms_maps/ .

23. Modification

FastRent reserves the right, in its sole discretion, to modify the Site or Services or to modify these Terms, including the fees due hereunder at any time and without prior notice. If we modify these Terms, we will post the modification on the Site or update you via the Services, or provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site, you are indicating that you agree to be bound (or continue to be bound) by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

24. Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing FastRent at [email protected] or through the “Feedback” section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of FastRent and you hereby irrevocably assign to FastRent and agree to irrevocably assign to FastRent all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At FastRent’s request and expense, you will execute documents and take such further acts as FastRent may reasonably request to assist FastRent to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

25. FastRent Content and Content on the FastRent Platform .
FastRent Content and Content made available through the FastRent Platform may be protected by copyright, trademark, and/or other Applicable Laws and Rules of the United States, Hong Kong S.A.R, Singapore, and other countries. You acknowledge that all intellectual property rights for FastRent Content are the exclusive property of FastRent or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any FastRent Content and Content accessed through the FastRent Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, FastRent grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the FastRent mobile applications on your personal device(s), and (ii) access and view the Content and FastRent Content made available on or through the FastRent Platform and accessible to you, solely for the intended use as governed under these Terms.

26. Force Majeure .

FastRent shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labour or materials.

27. Copyright Dispute Policy

FastRent respects copyright law and expects its users to do the same. It is FastRent’s policy to terminate in appropriate circumstances the FastRent Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of third-party copyright holders. If you are a copyright owner, or are authorized to act on behalf of one, please report alleged copyright infringement by submitting the following information to [email protected] along with an electronic or physical signature. Identify the copyrighted work that you claim has been infringed, or - if multiple copyrighted works are covered by this Notice - provide a comprehensive list of the copyrighted works that you claim have been infringed. Identify the material that you claim is infringing and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit FastRent to locate the material, including at a minimum, the URL of the link shown where such material may be found. Provide your full name, mailing address, telephone number, and, if available, email address.

28. Miscellaneous

These Terms are the final and complete integration of the parties’ agreement as it relates to the topics addressed in these Terms. All provisions of these Terms that, by their nature, should survive termination shall survive termination, including, without limitation, limitations of liability, and indemnity. If these Terms become subject to any litigation or arbitration, the prevailing party in any such litigation or arbitration will be entitled to recover its reasonable attorneys’ fees and court or arbitration costs from the non-prevailing party. FastRent will not be deemed to have waived any portion of these Terms because of its delay or other failure to assert its rights under these Terms, unless the waiver is in writing and signed by FastRent.

For the avoidance of doubt, your participation in any referral program, contest, or similar program or offering of FastRent will additionally be governed by the terms and policies of such program, contest or offering.