Terms of Service

1. Acceptance of terms

By accessing or using 12Borrow ("the Platform"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to all of these Terms, you may not use the Platform. These Terms constitute a legally binding agreement between you and 12Borrow.

2. The platform

12Borrow is a peer-to-peer rental marketplace that connects owners of items ("Owners") with individuals who wish to rent them ("Renters"). 12Borrow acts solely as an intermediary. We do not own, inspect, control, or take responsibility for any items listed on the Platform. We make no representations or warranties regarding the quality, safety, legality, or accuracy of any listing.

3. Eligibility

You must be at least 18 years old to create an account or use the Platform. By using 12Borrow, you represent and warrant that you meet this age requirement and that all information you provide is accurate and complete. You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.

4. Listings and rentals

Owners are solely responsible for the accuracy, completeness, and legality of their listings, including descriptions, photos, pricing, and availability. Renters are responsible for returning items in the same condition in which they were received, reasonable wear and tear excepted. Both parties agree to the specific rental terms presented at checkout, including the listed cancellation policy and deposit requirements.

5. Payments and fees

All payments are processed by Stripe, Inc. 12Borrow charges a service fee (currently 10% for standard accounts and 5% for business accounts) on each rental. The exact fees are disclosed at checkout. At booking confirmation, two authorization holds are placed on the Renter's saved payment method: one for the full rental amount and one for the security deposit (if applicable). The rental hold is captured when the Owner confirms item return; the deposit hold is released or captured based on the outcome of the return. Owners receive their payout after deduction of applicable fees, typically within 2–5 business days via their connected Stripe account. If an Owner has not connected a Stripe account, rental proceeds are held by 12Borrow until claimed (see Section 5a).

5a. Business subscription pricing

The monthly fee for a 12Borrow Business subscription is set by 12Borrow and may be changed from time to time. If we increase the price for existing subscribers, we will notify affected users by email and via a notice in their account dashboard at least one billing cycle before the new price takes effect. Continued use of the Business subscription after the effective date constitutes acceptance of the new price. You may cancel your subscription at any time from your billing settings before the change takes effect if you do not wish to continue at the new rate.

5b. Unclaimed owner payouts

If an Owner does not connect a Stripe payout account, rental proceeds are held on their behalf. 12Borrow will send reminder notifications at 30, 60, 90, and 173 days. If the payout remains unclaimed after 180 days, 12Borrow will donate the held funds to a registered charity of our choosing, and the Owner forfeits any claim to those funds. This policy exists to comply with unclaimed property regulations and to ensure funds are put to beneficial use. Owners are strongly encouraged to connect their Stripe account before or shortly after completing a rental.

6. Security deposits

Owners may require a refundable security deposit to protect against damage. If a deposit is set: (a) a hold for the deposit amount is placed on the Renter's saved payment method immediately upon booking confirmation; (b) the hold is released within 24 hours after item return if no damage claim is filed; (c) if a damage claim is filed, the hold may be partially or fully captured depending on the outcome of the dispute process; (d) under no circumstances will the deposit hold remain active for more than 5 days after item return, after which it is automatically released. 12Borrow is not responsible for disputes between users regarding deposits.

7. Cancellations

Renters may cancel a booking at any time before the rental start. Cancellations made more than 24 hours before the rental start date are always free of charge. Cancellations made within 24 hours of the rental start date may be subject to a cancellation fee set by the Owner, as disclosed on the listing and at checkout. Cancellation fees, if applicable, are charged at the time of cancellation. All authorization holds (rental and deposit) are released upon cancellation. Owners may cancel an approved booking only outside of 24 hours before the rental start date. Owner cancellations within 24 hours of the rental start are not permitted without contacting 12Borrow support. See Section 7a for owner cancellation strike policy.

7a. Owner cancellation strikes

To protect Renters, 12Borrow tracks Owner cancellations of approved or active bookings. Each such cancellation increments the Owner's cancellation strike count. At 3 strikes, the Owner receives a formal warning. At 10 strikes, the Owner's account is flagged for administrative review and may be suspended. Strikes are assessed per cancellation event and are not reset automatically. Owners who believe a strike was applied in error may contact support for review.

8. Damage claims

Owners must file any damage claim within 24 hours of confirming item return. Claims require at least one photo of the damage and a written description. The claimed amount may not exceed the security deposit. Renters are encouraged to upload return photos at the time of return as documentation. 12Borrow will review claims and make a final determination within 48 hours. If 12Borrow does not resolve a claim within 48 hours, the claim expires and the deposit is released in full to the Renter. Under no circumstances will the deposit hold remain active for more than 5 days after item return, after which it is automatically released.

9. Prohibited conduct

You agree not to: (a) list stolen, counterfeit, or illegal items; (b) engage in fraud, misrepresentation, or identity impersonation; (c) harass, threaten, or discriminate against other users; (d) use the Platform for any commercial resale or subletting of rented items; (e) circumvent the Platform's payment system; (f) interfere with the Platform's technical systems. Violations may result in immediate account suspension and legal action.

10. Identity verification

We may require identity verification before allowing certain transactions. You authorize us to verify your identity using the information you provide. Providing false identity information is grounds for immediate termination.

11. Reviews and content

Users may leave reviews after completed rentals. Reviews must be honest, factual, and not defamatory. 12Borrow reserves the right to remove reviews that violate these Terms. By submitting content to the Platform (including photos and descriptions), you grant 12Borrow a non-exclusive, royalty-free license to display and use that content in connection with the Platform.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, 12BORROW AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 12BORROW'S TOTAL LIABILITY TO YOU FOR ANY CLAIM SHALL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE TOTAL FEES PAID BY YOU TO 12BORROW IN THE THREE MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless 12Borrow and its affiliates from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in any way connected with: (a) your use of the Platform; (b) your violation of these Terms; (c) your listing or rental of any item; or (d) your violation of any third-party rights.

14. Dispute resolution

Any dispute arising from these Terms or your use of the Platform shall first be submitted to 12Borrow's internal dispute resolution process. If not resolved, disputes shall be settled by binding arbitration in accordance with the rules of the American Arbitration Association. You waive any right to a jury trial or class action proceeding. This clause does not prevent either party from seeking emergency injunctive relief from a court.

15. Termination

We reserve the right to suspend or permanently terminate accounts that violate these Terms, engage in fraudulent activity, or that we determine in our sole discretion are harmful to the community or the Platform. You may delete your account at any time by contacting us, subject to completion of any pending rentals.

16. Governing law

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Any legal action not subject to arbitration shall be brought in the state or federal courts located in Delaware.

17. Changes to terms

We may update these Terms at any time. If we make material changes, we will notify you by email or by posting a prominent notice on the Platform. Your continued use of 12Borrow after the effective date of the updated Terms constitutes your acceptance of the new Terms.

18. Taxes

19. Contact

Questions about these Terms? Contact us at legal@12borrow.com.