Marketplace Terms of Service

These Terms of Service ("Terms") govern your access to and use of the HeyFestus website, mobile applications, marketplace, booking tools, payment flows, messaging tools, listing tools, review tools, support tools, and all related services (collectively, the "Platform").

"HeyFestus," "we," "us," or "our" refers to HeyFestus LLC, a Florida limited liability company. "Owner" means a user who lists a tool, machine, accessory, or other equipment (each, an "Item") for rental through the Platform. "Renter" means a user who requests, books, receives, uses, or returns a listed Item. "User," "you," or "your" refers to any individual or entity accessing or using the Platform.

By creating an account, listing an Item, requesting a booking, accepting a booking, paying for a rental, or otherwise using the Platform, you agree to be bound by these Terms, the HeyFestus Privacy Policy, the Owner Terms, the Renter Terms, and the Damage, Deposit, and Dispute Policy (collectively, the "Agreement").

1.1 Policy Hierarchy

If there is any conflict between these Terms and the Owner Terms, Renter Terms, or the Damage, Deposit, and Dispute Policy, these Terms shall control unless the specific policy expressly states otherwise.

1.2 Electronic Communications Consent

By using the Platform, you consent to receive all communications, notices, agreements, disclosures, and other information electronically. We may communicate with you via email, text message, push notification, or by posting notices on your account dashboard.

HeyFestus operates an online marketplace that facilitates connections between Owners and Renters. HeyFestus's role is strictly limited to providing the technology infrastructure that enables these connections.

Unless HeyFestus expressly states otherwise in a separate written agreement:

• HeyFestus does not own, manufacture, sell, lease, inspect, maintain, repair, certify, control, operate, transport, store, or take custody of any Item listed on the Platform.
• HeyFestus is not a party to the rental agreement formed between an Owner and a Renter. Any such rental agreement is a direct, bilateral contract solely between the applicable Owner and Renter.
• HeyFestus does not act as an employer, agent, joint venturer, partner, broker, insurer, escrow agent, warehouseman, bailee, equipment operator, or safety certifier for any User.

Bookings: When a Renter requests a booking, the Owner has 24 hours to accept or decline. Once accepted, a binding rental agreement is formed directly between the Owner and Renter.

Cancellations: Users may cancel a booking subject to the HeyFestus Cancellation Policy. In the absence of a separate published policy, the following default rules apply:

• Renter Cancellation: Renters may cancel up to 48 hours before the rental start time for a full refund. Cancellations within 48 hours are non-refundable, EXCEPT if the Item is materially different from the listing, unsafe, or if the Renter experiences a documented emergency or platform/payment failure.
• Owner Cancellation: Owners may cancel without penalty if the Renter appears impaired, lacks required licenses, or if the Item becomes unsafe or unavailable due to documented emergency. Owners who frequently cancel accepted bookings without valid cause may face penalties, including reduced visibility or account suspension.
• No-Shows: A Renter who fails to pick up an Item within 1 hour of the scheduled start time without notifying the Owner is considered a no-show and forfeits the rental fee.
• Weather/Safety: Either party may cancel without penalty if documented severe weather or an active safety recall renders the rental unsafe.

Payment Processing: All payments are processed by third-party providers, including Stripe Connect. By using the Platform, you agree to the applicable payment processor's terms of service. HeyFestus reserves the right to delay, hold, or reverse payouts in cases of suspected fraud, disputes, or chargebacks.

Taxes: Owners are solely responsible for determining, collecting, reporting, and remitting all applicable taxes, including sales tax, rental tax, and income tax. HeyFestus may collect and remit taxes only where explicitly required by marketplace facilitator laws.

All security deposits, authorization holds, damage claims, and related charges are governed by the Damage, Deposit, and Dispute Policy, which is incorporated herein by reference.

Prohibited Items: During the beta phase, Users may not list or rent the following high-risk Items without explicit, prior written approval from HeyFestus: vehicles, trailers, towable items, aerial lifts, scaffolding, cranes, chainsaws, pressure washers exceeding the platform-approved PSI limit, generators exceeding the platform-approved wattage limit, welders, compact machinery, any Item requiring a specialized operator license, and any Item subject to an active safety recall or unauthorized modification.

Prohibited Uses: Users may not use Items for illegal activities, while impaired by drugs or alcohol, or outside the manufacturer's intended purposes and safety ratings.

HeyFestus does not provide insurance to Users. Owners and Renters are solely responsible for maintaining appropriate insurance coverage for their activities. HeyFestus does not guarantee the condition of any Item, the performance of any User, or reimbursement for any loss.

HeyFestus may immediately suspend, restrict, or terminate your account, listings, bookings, messaging access, or payouts if we reasonably suspect that you have engaged in fraud, unsafe conduct, illegal use of an Item, off-platform payments, or initiated invalid chargebacks. During any investigation into suspected violations, HeyFestus reserves the right to place a hold on any pending payouts or deposits associated with your account until the investigation is concluded.

Reviews: Users may leave reviews. Reviews must be honest and based on actual experiences. HeyFestus may remove reviews that violate content policies.

User-to-User Disputes: HeyFestus provides dispute resolution tools but is not an adjudicator. Users remain responsible for resolving their own disputes.

TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED "AS IS." HEYFESTUS DISCLAIMS ALL WARRANTIES.

Liability Cap: HeyFestus's total liability shall not exceed the greater of: (a) fees paid by the User to HeyFestus, or fees earned by an Owner through the Platform, during the 12 months immediately preceding the event giving rise to the liability; or (b) $100. Exceptions apply for gross negligence or personal injury where prohibited by law.

You shall indemnify HeyFestus against claims arising from your use of the Platform, your Items, your violation of this Agreement, injuries, death, property damage, tax obligations, insurance failures, and claims arising from your User Content.

11.1 Indemnification Procedure

Notice: The Indemnified Party will promptly notify you of any claim subject to indemnification; provided that failure to give prompt notice shall not relieve you of your indemnification obligations except to the extent you are materially prejudiced thereby.

Defense Control: You shall have the right to assume the defense of the claim with counsel reasonably acceptable to HeyFestus. HeyFestus may participate in the defense at its own expense.

Settlement Consent: You may not settle any claim that includes an admission of liability or imposes any obligation on HeyFestus without HeyFestus's prior written consent.

Cooperation: HeyFestus will reasonably cooperate with you in the defense of the claim, at your expense.

Binding Arbitration: Disputes shall be resolved by binding individual arbitration via AAA in Florida.

Carveouts: Either party may bring qualifying claims in small claims court or seek injunctive relief for intellectual property violations.

Class Action and Jury Trial Waiver: ALL CLAIMS MUST BE BROUGHT INDIVIDUALLY. JURY TRIALS ARE WAIVED.

Arbitration Fees: Fee allocation shall be governed by AAA rules.

Opt-Out: You may opt out of arbitration by emailing legal@heyfestus.com within 30 days of accepting these Terms.

Modification: HeyFestus may modify these Terms with notice. Continued use constitutes acceptance.

Notices: Legal notices must be sent to legal@heyfestus.com.

Assignment: You may not assign this Agreement. HeyFestus may assign it freely.

Entire Agreement: This Agreement constitutes the entire understanding between the parties.

Survival: Provisions regarding liability, indemnification, and dispute resolution survive termination.

Force Majeure: HeyFestus is not liable for any delay or failure to perform resulting from causes outside its reasonable control, including acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.