1. Acceptance of Terms
By accessing or using the Nerbor platform ("Service"), operated by Nerbor ("we," "us," or "our"), you agree to be bound by these Terms of Service. If you do not agree, do not use the Service.
2. Beta / Early Access
The Service is currently in a beta testing phase. Features may be incomplete, contain bugs, or change without notice. We may reset data, modify functionality, or discontinue the Service at any time during this period. The Service is provided "as-is" without warranties of any kind.
3. Eligibility
You must be at least 18 years old and legally able to enter binding agreements to use the Service. By creating an account, you represent that the information you provide is accurate and complete.
4. User Accounts
You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. Notify us immediately if you suspect unauthorized use. We reserve the right to suspend or terminate accounts that violate these terms or that we believe pose a risk to the platform.
5. Platform Role
Nerbor is a peer-to-peer marketplace connecting item owners with renters. We are not a party to rental transactions between users. We do not own, inspect, or guarantee the condition of any listed item. Owners and renters are solely responsible for the items, rental terms, and their interactions.
6. Listings and Bookings
Owner Responsibilities
- Owners must accurately describe item condition, availability, pricing, and any usage restrictions or instructions.
- Items must be in safe, working condition and match the listing description, photos, and specifications at the time of handoff.
- Owners must respond to booking requests within 24 hours or the booking will be automatically cancelled.
Renter Responsibilities
- Renters must use items responsibly, safely, and in accordance with the owner's instructions and all applicable laws.
- Items must be returned at the agreed time and location, in the same condition as received, accounting for normal wear.
- Renters are liable for any damage, loss, or costs arising from their use of the item, including but not limited to late fees, repair costs, and replacement value.
- Renters are encouraged to carry appropriate personal liability coverage.
General
- Both parties must communicate honestly and promptly regarding bookings, returns, and any issues.
- The rental agreement is made directly between the owner and the renter. Nerbor acts only as an intermediary facilitating the transaction.
7. Payments and Fees
Payments are processed through Stripe. By using the Service, you agree to Stripe's terms of service. Rental fees, delivery fees, and applicable taxes are charged to the renter at the time of booking. A security deposit hold is placed on the renter's card on the first day of the rental period.
- A 15% platform commission is deducted from the owner's rental earnings to cover dispute resolution and platform operations.
- A 3% renter service fee is added to the renter's total at checkout. This fee covers payment processing and platform improvements.
- Owners receive 85% of the rental amount plus any delivery fee, minus applicable late fee platform cuts, paid out after the booking is completed.
- Refunds may be issued when: the owner declines or cancels a booking, the renter cancels while pending approval, or the item is materially different from its listing description.
- Owners may also issue voluntary partial refunds at their discretion.
- All other refund requests are reviewed through our dispute resolution process.
8. Chargebacks and Balance Recovery
If a payment is reversed through a chargeback (a dispute initiated by a cardholder through their bank), the following applies:
- If a payout has already been sent to the owner for the affected booking, the owner's proportional share of the disputed amount will be recorded as an outstanding balance on their account.
- Outstanding balances are automatically deducted from future payouts until the balance is fully recovered. Nerbor will not issue payouts that would increase the platform's net loss from a chargeback.
- If the platform successfully contests the chargeback and the dispute is resolved in our favor, the outstanding balance will be credited back to the owner's account.
- Nerbor reserves the right to pursue additional recovery through legal channels if an owner's outstanding balance cannot be recovered through future payouts within a reasonable period.
- Owners can view their current balance and deduction history in their earnings dashboard.
9. Security Deposits
A security deposit hold is placed on the renter's card on the first day of the rental. The hold amount is set by the owner and displayed during checkout. The hold reserves funds but does not charge the renter. Deposits are not taxed.
- Deposit holds are released after the owner confirms the item has been returned in good condition. Any accrued late return fees are captured from the hold before release; the remaining hold is released at no charge to the renter.
- Late return fees are first captured from the deposit hold before any additional charges to the renter.
- In the event of a damage dispute, part or all of the deposit may be retained pending resolution and awarded to the owner.
- If neither party marks the item as returned within 7 days after the scheduled end time, the booking is automatically completed and the deposit hold is released (minus any late fees captured) automatically.
- Both owners and renters are encouraged to take photo evidence of the item at pickup and return. The platform provides structured evidence upload windows around each handoff to support dispute resolution.
10. Late Return Fees
Items must be returned by the agreed-upon end date and time. If an item is returned late, the following fees apply:
- A 30-minute grace period is provided after the rental end time before late fees begin accruing.
- After the grace period, a late fee of 0.75x the hourly rate is charged every 30 minutes.
- Late fees are first deducted from the security deposit. Any amount exceeding the deposit is charged separately to the renter.
- Total late fees are capped at the item's replacement value as listed by the owner.
- Owners may waive late fees at their discretion.
- If neither party marks the item as returned within 7 days after the scheduled end time, the booking is automatically completed. Warning emails are sent at day 5 and day 6. The owner may open a dispute before auto-completion if the item has not been returned.
11. Cancellation Policy
Renter Cancellations
Renters may cancel a booking at any time before the rental begins. The refund amount depends on when the cancellation occurs:
- Before owner approval: Full refund of the rental amount charged. If a deposit hold was placed, it is released immediately.
- 48+ hours before rental start: Full refund minus the platform service fee.
- 24–48 hours before rental start: 50% of the rental amount only. No refund of platform fee or delivery fee. If a deposit hold was placed, it is released.
- Less than 24 hours before rental start: No refund. The cancellation is recorded but no funds are returned.
Owner Cancellations
Owners may cancel a booking that is pending approval or already approved. If the owner cancels for any reason, the renter always receives a full refund of the rental amount charged. Any deposit hold is released immediately.
Automatic Cancellations
- If an owner declines a booking, the full rental amount is refunded and any deposit hold is released.
- Bookings that are not approved within 24 hours are automatically cancelled and fully refunded.
General
- Refunds typically appear within 5–10 business days depending on your bank and payment method.
- Nerbor reserves the right to modify this cancellation policy with 30 days notice to users.
12. Disputes and Damage Claims
Either party may open a dispute if an item is damaged, defective, or if terms are not met.
- Owners must report any damage or loss promptly upon return of the item. Disputes should be opened through the booking detail page.
- The owner is responsible for providing evidence (photos, descriptions) to support their claim. The platform's before/after photo evidence system is the primary basis for claim evaluation.
- When a dispute is opened, the renter's deposit is held pending resolution. The platform may place an admin hold on the booking to prevent automatic payouts until the dispute is reviewed.
- Nerbor reviews disputes in good faith and may award part or all of the deposit to the owner based on the evidence provided.
- If damage exceeds the deposit amount, the owner should pursue additional recovery through their own insurance or legal channels. Nerbor does not provide insurance coverage beyond the deposit held.
- Our decisions on disputes during the beta period are final.
13. Contact Information Sharing
- When a booking is approved, each party's phone number may be shared with the other party to facilitate pickup and return coordination. Phone numbers are also included in the booking confirmation email and PDF.
- Phone number sharing is opt-in. Each user can control whether their phone number is visible to the other party via their account settings. The default setting is to share.
- Phone numbers shared through the platform shall only be used for communication related to the rental transaction. Misuse of contact information (e.g., marketing, harassment) is prohibited and may result in account suspension.
14. Prohibited Conduct
- Creating fake accounts or listings
- Misrepresenting item condition or identity
- Using the platform for illegal activities
- Circumventing the payment system to avoid fees
- Harassing other users
- Misusing contact information shared through the platform
- Attempting to exploit vulnerabilities in the platform
15. Limitation of Liability
To the maximum extent permitted by law, Nerbor shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Service, including but not limited to item damage, personal injury, loss of income, or data loss. Our total liability shall not exceed the fees you paid to Nerbor in the 12 months preceding the claim.
Nerbor does not manufacture, inspect, maintain, or control the items listed on the platform. Nerbor is not liable for any injury, property damage, or loss arising from the use, malfunction, or condition of rented items. Users rent and provide items at their own risk. We strongly recommend that both owners and renters maintain appropriate insurance coverage for their items and personal liability.
16. Indemnification
You agree to indemnify and hold Nerbor harmless from claims, damages, or expenses arising from your use of the Service, your violation of these terms, or your interactions with other users.
17. Arbitration and Dispute Resolution
Any dispute, claim, or controversy arising out of or relating to these Terms or the Service that cannot be resolved through the platform's built-in dispute process shall be resolved through binding arbitration administered in accordance with the rules of the American Arbitration Association (AAA). Arbitration shall take place in the State of Georgia, United States. Each party shall bear its own costs, and the arbitrator's decision shall be final and binding. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.
Exception: Either party may seek injunctive or equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement or misappropriation of intellectual property rights.
18. Force Majeure
Nerbor shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, acts of government, pandemics, internet or infrastructure outages, power failures, third-party service provider failures (including payment processors), labor disputes, or acts of terrorism. During any force majeure event, affected obligations are suspended for the duration of the event.
19. Changes to Terms
We may update these terms at any time. Continued use of the Service after changes constitutes acceptance. We will notify users of material changes via email or platform notification.
20. Governing Law
These terms are governed by the laws of the State of Georgia, United States, without regard to conflict of law principles.
21. Contact
Questions about these terms? Email us at support@nerbor.com or visit our contact page.
