Terms of Service

1. Who we are

The Site is operated by Dbarok Technologies LLC, a South Carolina limited liability company ("we," "us," "our"). The same operator runs a separate website for each of these states: Florida, South Carolina, Georgia, California, Texas, New York, North Carolina, Tennessee and Louisiana. These Terms apply to all of them.

2. What the Site is (and is not)

The Site is an online listing service. Equipment owners post their equipment for rent. Renters browse listings and contact owners directly.

We are not a party to any rental. Please read Section 7 carefully. It explains what we do not do.

3. Who can use the Site

• You must be at least 18 years old, or be a business authorized to enter these Terms.
• You must be able to form a binding contract where you live.
• You may not use the Site if we have previously removed you for breaking these Terms, unless we say in writing you may return.
• If you sign up for a business, you promise you have authority to bind that business.

4. Accounts

• You need an account to list equipment or send messages through the Site. Browsing may not need an account.
• Give us accurate information and keep it up to date.
• Keep your password private. You are responsible for what happens under your account. Tell us promptly if you think someone else has used it.
• One person or business should not run multiple accounts to get around these Terms, limits, or a removal.
• We may suspend or close an account as described in Section 12.

5. Listings: rules and accuracy

If you list equipment ("Owner"), you promise that:

1. You own the equipment or have the legal right to rent it out.
2. Everything in the listing is true and not misleading: the type, make, model, year, specifications, condition, location, availability, price and what is included. You will fix or remove a listing when it becomes inaccurate or the equipment is no longer available.
3. Photos show the real equipment you are listing.Do not use stock photos, another owner's photos, or photos of different equipment. (Listings may be held for review if they do not meet this rule.)
4. You will follow the law that applies to your rentals, including any licenses, permits, taxes, registration, safety, insurance and underground-utility (811) rules that apply where the equipment is used. You, not the Site, are responsible for working out what applies to you.
5. You will list each piece of equipment in the state site where it is located.
6. You will not list anything that is stolen, unsafe, recalled, unlawful to rent, or that you cannot legally hand over.
7. You will respond to renters in good time.Any "typical response time" shown on the Site is a goal or an estimate, not a promise by us.

Owner-entered details (for example "Set by owner" values, "features," "attachments included," insurance information, and ratings, if shown) are provided by owners. We do not check them.

We may review, hold, edit for formatting, decline or remove a listing at any time, for example if it looks inaccurate, unlawful, duplicated, or breaks these Terms. We have no duty to review every listing.

6. Owner subscription: billing, free trial, cancellation and refunds

Price. Owners pay a monthly subscription to keep listings on the Site:

• First listing: free for the first 30 days. After that, $14.99 per month.
• Each extra listing: $9.99 per month.
• No commission and no platform fee on rentals. We do not take a cut of rent or deposits. We do not receive any part of what a renter pays an owner.

Prices are in U.S. dollars and do not include any added sales tax. We do not collect sales tax on subscription fees at this time.

Billing through Stripe. Subscription payments are processed by Stripe, a third-party payment company. When you enter payment details, you give them to Stripe, not to us. We do not see or store full card numbers. Stripe's own terms and privacy policy apply to its services.

Free trial. Your first listing is free for 30 days with no card, the listing comes down when the trial ends unless you subscribe at $14.99/month, and there is no automatic charge. Additional listings have no free trial and are charged $9.99 per listing per month starting the day you add them.

Automatic renewal.After you subscribe, your subscription renews each month and we charge your payment method through Stripe until you cancel. Each listing has its own subscription. An extra listing is not prorated onto the first listing's bill. It is a separate subscription with no free trial, charged from the day you add it. We do not prorate a charge or a credit when you add or remove a listing. Each subscription renews on the same day of the month as its first paid charge. For your first listing, that first paid charge is when you subscribe at $14.99/month after the free 30 days. If that day does not exist in a month, Stripe bills on the last day of that month. The Owner Dashboard Billing tab shows the next date Stripe reports for that subscription.

Cancel anytime.You can cancel a listing or your subscription at any time from the Owner Dashboard. On the Billing tab, Manage Billing in Stripe opens Stripe's billing portal, where you can cancel a subscription. On the My Listings tab, Cancel listing (or End trial on a free-trial listing) cancels that listing's subscription. Canceling stops future charges and takes effect at the end of the current paid month. Your paid listing stays visible until then. End trial removes a free-trial listing right away. We do not refund a partial month when you cancel. If you cancel during your free 30 days, you are not charged. Cancelling does not cancel a rental that you have already agreed with a renter; that is between you and the renter.

Refunds. Monthly listing fees are not refundable for months that have already been billed. You can cancel at any time to stop the next charge. Your first listing's free 30 days cost $0, and there is no automatic charge. If we charge you by mistake, contact us at db@dbarok.comand we will review it. If your state's law gives you more rights about automatic renewals or refunds, those rights apply.

Failed payments. If a payment fails, we will email you and may retry the charge over the next 14 days. Your listings stay live during those 14 days. If payment still has not gone through after that, we may hide your listings or end your subscription.

Price changes. If we change subscription prices, we will tell you at least 30 days in advance by email to the address on your account. The new price applies from your next billing period after the notice. If you do not agree, you can cancel before then.

Renters do not pay us. Renters can browse the Site and contact owners without paying the Site a fee.

7. The Site's role: we are a listing service, not a party to your rental

The points below are the Site's role in a rental. The Site does not offer a sample rental agreement.

We do not verify owners, renters, licenses, insurance or equipment, and nothing on the Site means we vouch for a person or a listing.

1. Any rental is only between the Owner and the Renter. We are not a party to it.
2. Owners pay us a monthly listing subscription. We do not charge a commission or a platform fee on rentals, and we do not receive any part of the rent or deposit.
3. We do not hold, process or guarantee any payment or deposit. Owners and renters agree on and handle rent, deposits, taxes and fees directly between themselves.
4. We do not provide insurance, a damage waiver or any protection plan.Any insurance requirement or damage waiver that appears in a listing is set by the owner, or offered by a third party, and is not our product. A "damage waiver" is not insurance.
5. We do not inspect, test, certify or verify any equipment, listing, owner, renter, operator, license, or insurance, and we do not promise that any listing is accurate, available, safe or lawful.
6. We do not supervise or control the rental, delivery, pickup, use, return, or any dispute between owner and renter, and we will not decide who is right.
7. You choose who to deal with and you are responsible for checking the other person and the equipment yourself, including identity, license, insurance, equipment condition and whether the equipment suits the job.
8. We are not responsible for any loss, injury, damage, dispute, claim or cost arising from a rental, to the extent the law allows.
9. Communications on the Site (messages and request forms) are a convenience for owners and renters to reach each other. We are not responsible for messages that are late, lost or not answered.

8. Owner and renter agreements

• Owners and renters make their own agreement. The Site does not offer a sample Equipment Rental Agreement as a download or as a form, and it does not store one. Whatever agreement you use is between the owner and the renter, not us. Have your own attorney review it.
• Read and understand your agreement before you sign. Each of you is responsible for filling it in, keeping a copy, and following it.
• Taxes, permits, safety and 811: these are the responsibility of the owner and the renter. The Site does not calculate, collect or report taxes on rentals.
• Disputes between an owner and a renter are theirs to settle. We will not mediate, decide or enforce them.

9. Prohibited uses

You may not:

• Break any law or help someone else do so.
• Post false, misleading, stolen or unsafe listings, or misuse another person's name, photos, logo or identity.
• Use the Site to scam, harass, threaten or discriminate against anyone, or to send spam.
• Ask for or take payments or deposits in a way meant to cheat or mislead (for example, taking a deposit for equipment you do not have).
• Upload anything that infects, damages or overloads the Site, or that attacks or probes our systems or another user's account.
• Scrape, copy or collect listings, user data or contact details in bulk, or use bots, except as we allow in writing (normal search-engine indexing is fine).
• Use the Site to collect personal information from users for any purpose other than the specific rental you are discussing.
• Try to avoid the subscription, for example by listing equipment you do not own under someone else's account, or by creating duplicate accounts to get more free trials.
• Remove or hide notices, labels or limits on the Site.
• Use the Site if doing so would break trade or sanctions laws that apply to you.

10. Your content and our license to use it

"Your content" means what you put on the Site: listing text, photos, videos, logos, messages, profile information, and similar material.

• You own it (or you promise you have the right to use it). We do not take ownership.
• You give us a license to host, store, copy, resize, format, display and distribute your content on and through the Site, for as long as it is on the Site and for a reasonable time afterward (for example, in backups), and only to run, show and promote the Site. This includes showing your listing photos in search results, on listing pages, in social or advertising previews of the listing, and in sitemaps or search-engine markup. The license is worldwide, non-exclusive and royalty-free. We may let our service providers (for example, our hosting and database providers) handle your content for us.
• You promise you took the photos or have permission to use them, and that your content does not break anyone's rights or the law.
• You can remove a listing or a photo at any time. Removed listings and photos may stay in our backups for up to 90 days before they are deleted.
• Messages between users are private to the people in the conversation, except as described in our Privacy Policy and as the law requires.
• If you believe content on the Site infringes your copyright, email db@dbarok.com with a link to the content, a description of your work, and your contact details. We will review it and may remove the content.
• Feedback. If you send us ideas about the Site, we may use them without paying or crediting you.

11. Our content and trademarks

The Site, its design, text, graphics (other than your content), and our names and logos belong to us or our licensors. You may use the Site for its intended purpose, but you may not copy it, resell it, or use our names or logos without our written permission. Other companies' names and marks that may appear on listings belong to those companies.

12. Suspension and termination

• You can stop using the Site any time. You can cancel your subscription as described in Section 6 and ask us to close your account at db@dbarok.com.
• We can suspend, hide listings, or close your account if we reasonably believe you have broken these Terms or the law, put others at risk, failed to pay, or if we must do so by law. Where we reasonably can, we will tell you why and give you a chance to fix the problem first. We may act immediately where there is risk of harm.
• We can also stop running the Site or any part of it, in one or all states. If we do, we will give notice where we reasonably can. If we close your account because you broke these Terms, fees already billed are not refunded. If we stop running the Site, or close your account for any other reason, we will refund the unused part of any month you have already paid for.
• After closing: your listings come down. Sections that by their nature should continue (for example, Sections 7, 10, including the license for a reasonable time afterward, 13, 14, 15 and 16) continue. Amounts you already owe remain owed.
• Closing your account does not cancel a rental that you have already agreed to with another person. You must still honor it.

13. Disclaimers

The Site is provided "as is" and "as available." To the extent the law allows, we do not make any promises or warranties, express or implied, about the Site, listings, owners, renters, equipment, or rentals. This includes promises about quality, accuracy, availability, fitness for a particular purpose, safety, legality, and that the Site will always work, be secure, or be free of errors or interruptions.

We do not guarantee that you will get a rental, find a renter, or earn any amount. We are not responsible for what owners, renters or other users say or do. Equipment rental, including heavy equipment, carries risk of injury, death and property damage. You are responsible for your own safety, and for training, protective equipment and safe use.

Some states do not allow certain warranty exclusions or limits on liability. Where that applies to you, this section applies only to the extent the law allows.

14. Limitation of liability

To the extent the law allows:

• We are not liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost work time, project delays, lost data or loss of goodwill, even if we were told they were possible.
• We are not liablefor any claim arising from a rental between owner and renter, including injury, death, property damage, theft, loss, late or missed pickups or returns, disputes about deposits or payments, or the other party's acts or failures to act.
• Our total liability to you for all claims relating to the Site or these Terms will not be more than the subscription fees you paid us in the 12 months before the claim arose.
• Nothing in these Terms limits any liability that the law does not allow us to limit.

15. Indemnity (you protect us from claims you cause)

To the extent the law allows, you agree to defend, indemnify and hold harmless us, and our owners, members, managers, employees and agents, from claims, losses, damages, costs and reasonable legal fees that come from (a) your use of the Site, (b) your listings or content, (c) your rental or any agreement you make with another user, (d) your equipment or its use, or (e) your breach of these Terms or the law. We will tell you of a claim promptly and you must not settle it in a way that admits fault for us without our written agreement. This indemnity applies only to the extent permitted by law and does not cover claims caused by our own negligence or wrongdoing.

16. Governing law and where disputes are heard

• Governing law: the laws of the State of South Carolina, without regard to its conflict-of-laws rules, govern these Terms and any dispute between you and us about the Site.
• Venue: any court case between you and us about these Terms or the Site must be brought in the state or federal courts located in Colleton County, South Carolina, and you and we agree to those courts' authority.
• Talk first. Before filing a case, please contact us at db@dbarok.com and give us 30 days to try to resolve the problem informally.
• These Terms do not include an arbitration agreement or a class-action waiver.
• This section is about disputes with us. A dispute between an owner and a renter is governed by their own agreement (see Section 8).

17. Notices and electronic communications

You agree we can contact you electronically (by email, on the Site, or by notices through your account) about your account, subscription, listings and these Terms. Keep your email address current.

18. Changes to these Terms

We may update these Terms from time to time. We will post the new version with a new "Last updated" date. For material changes, we will notify you by email and on the Site at least 30 days before they take effect. If you keep using the Site after the new Terms take effect, you accept them. If you do not agree, stop using the Site and cancel your subscription. Changes will not apply to a dispute that began before the change.

19. General

Everything in these Terms applies only to the extent permitted by law. If the law where you live gives you rights that these Terms cannot take away, those rights still apply.

• Entire agreement. These Terms, together with the Privacy Policy, are the whole agreement between you and us about the Site.
• If a part is invalid, the rest stays in effect.
• No waiver. If we do not enforce a right right away, we can still enforce it later.
• Assignment. You may not transfer your account or these Terms without our written consent. We may transfer them in connection with a sale, merger or reorganization of our business, or to an affiliate.
• No partnership or agency. Nothing here makes you our employee, agent, partner or joint venturer.
• Third parties. Stripe, Supabase, Vercel and other providers are independent companies with their own terms. We are not responsible for their services.
• Privacy. Our Privacy Policy explains how we handle personal information.
• State notices and consumer rights. If you live in a state that gives you additional consumer rights, nothing in these Terms takes those rights away.

20. Contact

Questions about these Terms, a billing problem, or a request to close your account:

Email: db@dbarok.com

Operator: Dbarok Technologies LLC