Terms of Service

Last revised: January 31, 2024

Thank you for your interest in Upcycle!

‍PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION THAT AFFECTS YOUR RIGHTS, REMEDIES, AND OBLIGATIONS. THEY INCLUDE AN AGREEMENT TO ARBITRATE (UNLESS YOU OPT OUT). THESE TERMS ALSO INCLUDE A PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS AND NON-INDIVIDUALIZED RELIEF FOR ALL MATTERS IN EITHER COURT OR ARBITRATION, VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION, VENUE, AND GOVERNING LAW OF DISPUTES, EXCEPT WHERE PROHIBITED, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

Welcome to Upcycle, a peer-to-peer bicycle sharing service. These Terms of Service ("Terms") govern your use of our service, including our website and mobile applications (collectively, the "Service"). By using the Service, you agree to be bound by these Terms and to use the Service in accordance with these Terms and our Privacy Policy.

Our Service allows individuals who own bicycles ("Owners") to rent out their bicycles to other individuals ("Renters"). We provide a platform that facilitates transactions between Owners and Renters, but we do not own or operate any bicycles ourselves.

By using the Service, you represent and warrant that you are at least 18 years old or that you have the right, authority, and capacity to enter into and abide by these Terms. If you are under 18 you must have written and documented permission from a legal guardian to be a renter or be an owner on the platform. You and you guardian must have a valid government issued identification verifiable through our ID verification partners.

To use certain features of the Service, you may need to create an account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to accept responsibility for all activities that occur under your account.

Owners are solely responsible for the bicycles they list on the Service, including ensuring that they are in clean and good working condition. Renters are responsible for inspecting bicycles before renting them and reporting any damage or issues to the Owner and Upcycle immediately.

Renters can book bicycles for a specified period of time and pay for the rental through the Service. Owners will receive payment for the rental, less any applicable fees charged by Upcycle in aggregate once per month.

Theft and Parts Coverage Plan covers damage that occurs during a rental by your guest. Upcycle may, at its absolute and sole discretion, pay you to repair the damage up to the lesser of (a) predetermined labor costs and replacement part price or (b) $5,000. If your bicycle is stolen by the renter while being covered by Upcycle’s Theft and Parts Coverage Plan, Upcycle may, at its absolute and sole discretion, pay you up to (a) the replacement cost of your bicycle based on Bicycle Blue Book or (b) $10,000. In the Theft Coverage Plan, Upcycle may, at its absolute and sole discretion, pay you up to (a) the replacement cost of your bicycle based on Bicycle Blue Book or (b) $5,000.

Renters may cancel within the owner's specified cancellation policy. Owners may cancel on renters at any time. Upcycle reserves the right to cancel bookings or suspend user accounts if we suspect fraudulent, abusive or suspicious activity.

You agree not to use the Service for any illegal or unauthorized purpose, including but not limited to renting bicycles that you are not authorized to rent, misrepresenting your identity or affiliation, or engaging in any fraudulent or abusive behavior. You also agree not to interfere with or disrupt the Service or servers or networks connected to the Service.

The Service and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by Upcycle or our licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The service is provided "as is" and without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose, title, quiet enjoyment, accuracy, and non-infringement. We do not warrant that the service will be uninterrupted or error-free.

You waive and discharge any and all rights you have to sue or make claims against Upcycle Technology, Inc and any of its subsidiaries, directors, officers, agents (including third-party administrators, insurance producers, and insurance providers), or employees (together, the “upcycle parties”) and any Upcycle user for any damages or losses, whether due to negligence or otherwise, arising out of or in connection with the following: (1) bicycle availability (e.g., a bicycle not being available or returned when it was supposed to be), (2) problems with a bicycle (e.g., any malfunction of or failure to a bicycle), (3) bicycle warranty issues (e.g., any breach of warranty or other obligation by any manufacturer or other third party associated with the bicycle), (4) the legal or license status of a bicycle, host, or guest, (5) third party assessments of a bicycle value, or (6) any action or inaction of a host or guest.

You agree to indemnify, defend, and hold harmless us and our officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs