Terms of Service

1. Acceptance of these terms

These Terms of Service ("Terms") form a legal agreement between you and TripFish, LLC, a Delaware limited liability company ("TripFish", "we", "us"), which operates the LendLoop web app and iOS app (the "Service"). By creating an account or using the Service, you agree to be bound by these Terms and by our Privacy Policy. If you do not agree, do not use the Service.

You must be at least 18 years old to create an account or use LendLoop. By using the Service you confirm that you are. If we learn that an account belongs to someone under 18, we will close it and delete its data.

2. What LendLoop is — and is not

LendLoop is a personal record-keeping tool that helps you and your friends keep track of items you lend and borrow. It can send reminders when items are overdue and lets you generate share links so a borrower can claim an item.

LendLoop is not a marketplace, rental agency, escrow service, payment processor, insurance product, or legally binding contract between you and another user. We do not take custody of items, do not mediate disputes between users, and do not guarantee that items will be returned, returned on time, or returned in the same condition. Any loan, return, payment, or dispute is solely between the users involved.

We may change, add or remove features, set usage limits, or suspend or discontinue all or part of the Service at any time. The Service is currently offered without charge. We may introduce fees, subscriptions or paid features, and change which features are free. You will not be charged unless you agree to the price before you pay.

3. Your account

You sign in with Google or Apple. You are responsible for keeping that underlying account secure and for activity that happens under your LendLoop account. Let us know promptly at hello@trip.fish if you suspect unauthorised access.

4. User content and license

You retain ownership of the items, photos, notes, comments, and other content you submit to LendLoop ("User Content"). You grant TripFish, LLC a worldwide, non-exclusive, royalty-free license to host, store, reproduce, modify (for example, to resize images), transmit, and display your User Content as needed to operate, provide, secure and improve the Service and to develop new features. This license ends when you (or we) remove the content, except for copies in backups, content other users have already shared, and where we need to keep it to comply with legal obligations.

You are responsible for the accuracy and legality of your User Content. Do not upload anything you do not have the right to share.

5. Acceptable use and prohibited conduct

You agree not to:

• Use the Service for any unlawful purpose or to violate anyone's rights.
• Upload content that is infringing, defamatory, obscene, sexually explicit involving minors, threatening, harassing, hateful, or that incites violence.
• Harass, stalk, or impersonate other users; create accounts under false identities; or abuse the activity feed or comments.
• Probe, scan, scrape, or attempt to penetrate the Service or its infrastructure, or interfere with its operation.
• Upload malware, spyware, or any code intended to damage the Service or other users.
• Send spam, unsolicited commercial messages, or abuse the share-link or invitation features for marketing.
• Use automated systems (bots, crawlers, etc.) to access the Service, except for public endpoints and robots.txt-permitted crawling.
• Resell, sublicense, or commercially exploit the Service without our written permission.

We do not tolerate objectionable content or abusive users. We may remove content, restrict or suspend accounts, or terminate access for violations of these rules.

Zero tolerance for objectionable content and abusive users. There is no tolerance on LendLoop for objectionable content or abusive behavior. You can report any activity, comment, item, crew, or user with the "…" menu, and block any user so that you no longer see each other's activity or comments. We review reports promptly and remove content or restrict accounts that violate these Terms. You can also report concerns to hello@trip.fish.

6. Termination and deletion

You can stop using LendLoop at any time, and you can delete your account in the app under Profile → Data & Account. We may suspend or terminate your account if you breach these Terms, if we reasonably believe your use of the Service creates legal, security, or operational risk, or if we discontinue the Service.

Sections that by their nature should survive termination (including ownership, license grants for residual content in backups, disclaimers, limitation of liability, indemnification, and dispute resolution) will survive.

7. Disclaimer of warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY LAW, TRIPFISH, LLC DISCLAIMS ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT NOTIFICATIONS AND REMINDERS WILL BE DELIVERED ON TIME. YOU USE THE SERVICE AT YOUR OWN RISK.

8. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TRIPFISH, LLC AND ITS OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUES, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY TO YOU ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM (WHICH, FOR A FREE SERVICE, IS ZERO) OR (B) ONE HUNDRED UNITED STATES DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN THOSE JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Nothing in these Terms excludes or limits liability that applicable law does not permit us to exclude or limit, including liability for fraud, willful misconduct, gross negligence, or death or personal injury caused by negligence where applicable.

9. Indemnification

To the extent permitted by law, you will indemnify TripFish, LLC against third-party claims arising from your unlawful User Content or material breach of these Terms, except to the extent caused by TripFish's own conduct. We will notify you promptly of any such claim, let you control its defense with counsel reasonably acceptable to us (we may participate at our own expense), and not settle it in a way that admits fault or imposes an obligation on you without your written consent, which you will not unreasonably withhold.

10. Governing law and dispute resolution

These Terms are governed by the laws of the State of Delaware, United States, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs this arbitration agreement.

Informal resolution first. Before starting arbitration or a small-claims action, you and TripFish, LLC agree to try to resolve the dispute informally. Send a description of the dispute and the relief you want to hello@trip.fish (we will contact you at the email on your account). If the dispute is not resolved within 60 days after the notice is received, either party may start arbitration. Applicable limitation periods are tolled during this 60-day informal-resolution period.

Binding individual arbitration. Except as described below, any dispute arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules and applicable consumer fee schedule. TripFish, LLC will pay the fees those rules allocate to the business. The seat of arbitration is New York, New York, but any in-person hearing will take place in the county where you live unless you and we agree otherwise.

Exceptions. Nothing in this Section prevents either party from bringing an individual claim in small-claims court if it qualifies, prevents you from filing a complaint with a government agency, or waives any statutory relief that applicable law does not allow to be waived by agreement.

Class-action waiver. YOU AND TRIPFISH, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, TO THE MAXIMUM EXTENT PERMITTED BY LAW. This waiver does not prevent you from seeking public injunctive relief where applicable law makes that right non-waivable; any such claim will be decided by a court after the individual claims are arbitrated. If this waiver is found unenforceable as to any claim, that claim will proceed in court and the arbitration agreement will apply to the remainder.

30-day opt-out. You may opt out of this arbitration agreement by emailing hello@trip.fish within 30 days after you first accept these Terms, with the subject "Arbitration opt-out" and the name and email address on your account. If you opt out, disputes will be resolved in the state or federal courts located in New York County, New York, and the class-action waiver will not apply to you. Opting out does not affect any other part of these Terms.

11. Changes to these terms

We may update these Terms from time to time. For material changes we will take reasonable steps to let you know, such as by email or a notice in the app. Your continued use of the Service after the changes take effect constitutes acceptance, except that a material change to Section 10 will not apply to a dispute you notified us about before the change, and we will ask for your affirmative agreement to such a change.

12. Miscellaneous

These Terms together with the Privacy Policy are the entire agreement between you and TripFish, LLC regarding the Service. Our failure to enforce a provision is not a waiver. If any provision is found unenforceable, the remaining provisions remain in full force. You may not assign these Terms without our prior written consent; we may assign them freely, for example in connection with a merger or sale.

13. Contact

TripFish, LLC, 205 S 1st St, Brooklyn, New York 11211-4344, United States · hello@trip.fish.