Our platform has been established to securely meet the needs of our users; therefore, safety and integrity are the fundamental principles of our platform. This document outlines the rules that ensure the orderly and secure operation of our platform. These rules apply to all websites, mobile applications, and services associated with our platform.
When the term 'platform' is used in this agreement, it refers to Tenderely.
1. Introduction
• Platform Definition: This platform is an online marketplace that facilitates services such as posting job requests, submitting offers for posted jobs, providing and receiving services, as well as renting vehicles and equipment. Additionally, it enables users to expand their professional network by sharing posts and establishing professional connections with other users. The platform offers a wide range of services for employers, service providers, and users who wish to rent, catering to various needs.
• Binding Nature of the Terms of Use:By using the platform, all users agree to and are bound by these terms of use. These terms apply to both registered users and non-registered visitors. If you do not accept these terms of use, it is not possible to use the platform.
• Right to Amend: The platform reserves the right to modify the terms of use at any time without prior notice. If you do not accept the changes made to the terms, you have the right to close your account. Continuing to use our platform after being notified or an announcement of the changes is published implies that you accept the updates, which will take effect from the date they are implemented.
2. Eligibility
• Age Requirement: To use the platform, users must be at least 18 years old. By using the platform, users confirm that they meet this age requirement and are of legal age. Individuals under 18 years of age are prohibited from using or registering on the platform. The platform reserves the right to request additional information or documentation for age verification.
• Legal Status and Competence: Users must have the legal capacity to enter into binding agreements. This means being of legal age and having the capacity to contract according to applicable laws. Individuals with any legal barriers or restrictions are not authorized to use the platform or provide any services. Users are responsible for complying with the applicable laws and regulations in their own country.
• Legal and Commercial Competence: Users utilizing the platform as a company or legal entity declare that their company or organization is legally established and has valid legal entity status. These users are required to provide documents and information confirming their authority to operate and conduct commercial transactions on the platform.
• Local Restrictions: The platform may be limited or entirely unavailable in certain countries, regions, or jurisdictions. Users are responsible for reviewing and complying with local legal regulations regarding the use of the platform. If access to the platform is restricted due to any prohibition or limitation, users are accountable for this circumstance.
• Review of User Accounts: The platform reserves the right to review user accounts to verify users' eligibility and legal competence. In certain cases, additional information, documentation, or age verification may be requested. The platform may reject account opening requests or close existing user accounts if deemed ineligible.
• Various Legal Obligations: Users commit to providing accurate and up-to-date information on the platform. Compliance with legal regulations and obtaining the necessary permissions is the responsibility of the users. Users agree not to use the platform's services for illegal activities and not to violate the platform's terms of use.
• Eligibility Restrictions: The platform reserves the right to impose additional eligibility requirements for certain services or limit services to specific user groups. For example, some services may only be available to users who can demonstrate professional qualifications or companies operating in a specific industry.
3. User Accounts
• Account Creation: Users registering on the platform must provide accurate and up-to-date information. Providing false or misleading information may result in the suspension or termination of accounts.
• Identity Verification and Information Accuracy Checks: The platform may request identification documents or other necessary information from you and may conduct various checks to verify your identity and background. Additionally, we may compare the information you provide with third-party databases or other sources to verify its accuracy, and obtain reports from service providers to support the identity verification process. This process is conducted to ensure the security of the platform and the accuracy of its users.
• Account Security: Users are responsible for maintaining the confidentiality and security of their account information. Users who become aware of unauthorized use of their account must immediately notify the platform. You are responsible for all activities conducted through your account, unless you close the account or report misuse to relieve yourself of this responsibility.
• Account Suspension or Termination:The platform reserves the right to suspend or terminate the accounts of users who violate the terms of use. In the event of account termination, all data and content may be permanently deleted.
• Rejection of Registration Requests:To maintain the quality of the service provided and offer a user experience that meets the intended standards, the platform reserves the right to reject registration requests or block registration for individuals and companies suspected of providing inaccurate information or believed to be unable to meet the platform's quality standards. This right may be exercised at the platform's sole discretion and without notice.
4. Services Offered
4.1. Vehicle, Device, and Equipment Rental
The platform allows users to rent out their vehicles, devices, machinery, and equipment or rent these items from other users. Owners are responsible for the condition and use of the rented items, while renters are accountable for any damage or loss that occurs during the return process.
• Rental Process: Users can search for the items they wish to rent on the platform and choose the ones they find suitable. Once the rental process is complete, the item must be returned within the specified period.
• Creating and Managing Rental Listings: The platform provides useful tools for owners to create and manage rental listings. Listings created by owners must accurately and completely detail the rented vehicle, device, machinery, or equipment. This information should include the rental fee, cleaning or maintenance charges, insurance requirements, and any other potential additional fees, as well as the rules and requirements related to the rental terms. It is the owner’s responsibility to keep the listing details (such as availability) and content (photos, descriptions, etc.) up-to-date and accurate at all times.
• Additionally, owners are encouraged to obtain suitable insurance for the rented vehicle, device, machinery, or equipment, and carefully review the policy’s coverage, exclusions, and other terms and conditions. This is essential for managing both the rental process and potential risks.
• Owners are responsible for providing the rented vehicle, device, or equipment in a functional, ready-to-use, complete, well-maintained, and clean condition. Before the rental begins, the item must be free of any defects or malfunctions, and all necessary maintenance and cleaning tasks should be completed. Failure to fulfill this responsibility may result in the renter lodging a complaint with the platform and requesting appropriate solutions.
• Responsibilities: Owners are responsible for their own actions and omissions, as well as the behavior of individuals they allow to be involved in the rental process. It is the owner’s duty to set the rental prices and define the applicable rules and requirements for the rented vehicle, device, machinery, or equipment. The listing description must clearly and transparently specify the rental fee and any other potential charges.
• Unless otherwise permitted by the platform, owners may not request any additional fees or expenses outside of the platform. They cannot compel renters to create third-party accounts, submit reviews, or share contact information. Owners must clearly and understandably specify the listing conditions and rental terms to ensure all parties are informed of the process.
• Assumption of Risk: Owners acknowledge that there are inherent risks associated with the rental of vehicles, devices, machinery, and equipment, and accept all risks arising from accessing the platform, engaging in rental activities, or interacting with other users, either online or in person. Owners acknowledge that they have the opportunity to research any laws, rules, regulations, or obligations applicable to the platform and rental services, and that they do not rely on any legal representations made by the platform.
• It is the owner's responsibility to manage any potential risks and liabilities that may arise during the rental process, and they are encouraged to take the necessary precautions and conduct the required research. The platform is not responsible for ensuring legal compliance regarding rental transactions.
• Item Return and Damage: Renters are required to return the items in an undamaged condition at the end of the rental period. In cases of damaged or incomplete returns, renters are liable for covering the damages. If the owner provides valid evidence that the renter has caused damage to the vehicle, equipment, or other assets owned by or under the responsibility of the owner, including indirect damages ("Damage Claim"), the owner may notify the platform and/or seek compensation through the Resolution Center. The renter will be informed about the Damage Claim and will have the opportunity to respond. If the renter accepts the compensation claim or if the Damage Claim is submitted to the platform and the platform, at its sole discretion, determines that the claim is valid and the renter is responsible for the damage, the platform may collect the Damage Claim amount from the renter via payment. The platform may also file a claim under any insurance policy held by the renter and may pursue legal options such as referring the matter to a collection agency or taking legal action against the renter to enforce its rights.
• You agree to cooperate in good faith in connection with Damage Claims, user complaints, insurance claims, or other claims related to the use of vehicles, equipment, or property. This includes providing all requested information, preparing necessary documents, and taking other reasonable actions requested by the platform.
4.2. Job Posting
Users are required to adhere to the following rules and requirements when posting job listings on the platform:
• Accuracy and Transparency of the Listing: All information provided in the job listing must be accurate, complete, and up-to-date. Details such as the scope of the work, tasks, time frame, and expectations should be clearly stated. Job postings containing misleading, incomplete, or deceptive information are not allowed. Providing inaccurate information about job requirements can harm the employer's reputation and violate platform rules.
• Content of the Listing: The job posting must fully describe the tasks and scope of the project. Details such as the type of work, required skills, and qualifications for education or experience should be included in the listing. If there are any specific requirements or expectations for the job (e.g., a certain certification is needed), these should be clearly stated.
• Compensation and Payment Terms:The job listing should clearly specify the compensation range and payment terms. If the payment is hourly, project-based, or follows another payment method, these details must be included in the listing. The employer is expected to adhere to the payment terms outlined in the job listing. Any changes to the payment terms can only be made with mutual agreement from both parties.
• Legal Compliance: The job posting must comply with relevant local, national, and international laws and regulations. Listings that promote illegal activities, discriminatory practices, or violate labor conditions are prohibited. The content of the job posting should not include discriminatory, racist, sexist, or otherwise exclusionary language. Equal opportunities must be offered to all candidates.
• Images and Documents in the Listing:Any images, documents, contracts, or other attachments included in the job listing must comply with the law. These documents should not violate copyright laws or platform rules. The images and documents used must be relevant to the job listing and must not contain misleading information. The use of copyrighted materials without permission is prohibited and may be removed from the platform. If any contracts or legal documents are attached, they must be accurate and valid, clearly outlining the rights and responsibilities of the parties involved.
• Start and End Dates of the Job:The job listing must clearly state the start and end dates of the job or the delivery time frame. This information should meet the expectations of all parties concerned with the job’s timing. If there are any changes to the schedule, this must be communicated to the service provider in advance.
• Additional Requirements and Conditions:If special equipment, software, or other tools are needed to complete the job, these should be mentioned in the job listing. The employer may require the fulfillment of these requirements, but such requirements must be disclosed in advance. If signing a non-disclosure agreement or other legal agreements is necessary, these conditions must be indicated in the listing.
• Updates and Changes to the Listing:If any changes are made to the job’s scope, compensation, schedule, or other important details after the listing is published, the employer should update the listing accordingly and clearly state the changes. Employers who wish to remove the listing should do so according to the procedures established by the platform.
• Compliance with Platform Rules:When posting a job, users must adhere to the general terms of use and policies set by the platform. Job listings that violate the platform’s standards cannot be published and may be removed in case of a violation. The platform reserves the right to remove inappropriate content or listings that do not comply with the rules, or to warn the employer.
4.3. Service Listing
The platform serves as a facilitator and is not responsible for agreements made between users. All responsibility for the quality, content, or timing of the service lies with the service provider. Service providers are required to follow the rules and requirements below when listing their services on the platform:
• Accuracy and Transparency of the Service: The description of the listed service must be accurate, complete, and up-to-date. The scope of the service, provided solutions, process, duration, and other details should be clearly stated. Service listings containing misleading, incomplete, or deceptive information are not allowed. Misleading information about the features of the service can damage the service provider’s reputation and violates platform rules.
• Service Description: The type of service and the provided solutions should be explained in detail. If specific skills, experience, or qualifications are required for the service, these should be clearly mentioned. Any special requirements or conditions for the service (e.g., the use of specific software, on-site service requirements) should also be clearly stated in the listing.
• Pricing and Payment Terms: The service listing should clearly specify the price for the provided service and the payment terms. If the payment is hourly, project-based, or follows another payment method, these details must be clearly stated in the listing. The service provider is expected to adhere to the payment terms specified in the service listing. Any changes to payment terms can only be made with the mutual agreement of both parties.
• Legal Compliance: The service listing must comply with applicable local, national, and international laws and regulations. Services that promote illegal activities, discriminatory practices, or violate labor conditions cannot be listed. The service description should not contain discriminatory, racist, sexist, or otherwise exclusionary language. Services should offer equal access to everyone.
• Images and Documents Added to the Service: Any images, documents, contracts, or other materials added to the service must comply with the law and should not infringe on copyrights. Images and documents that violate platform rules cannot be used. The added visuals and documents must be relevant to the service and should not provide misleading information. The use of copyrighted materials without permission is prohibited and may be removed from the platform. If any contracts or legal documents are attached, they must be accurate, up-to-date, and valid, clearly outlining the rights and responsibilities of the parties involved.
• Service Delivery Time and Conditions:The time frame for service delivery, including when the service will begin and end, must be clearly stated. This information should meet the expectations of the client. If there are any changes to the schedule, these changes must be communicated to the client in advance, and necessary arrangements should be made.
• Additional Requirements and Conditions:If special equipment, software, or a specific location is required for the service, these requirements should be mentioned in the service listing. Such requirements should be clearly stated in advance. If signing a non-disclosure agreement or other legal agreements is necessary, these conditions must be included in the service listing.
• Updating the Service Listing and Making Changes: If there are changes to the scope, pricing, schedule, or other important details of the service after the listing is published, these changes should be updated in the listing and clearly indicated. Service providers who wish to remove the service should do so in accordance with the procedures established by the platform.
• Compliance with Platform Rules:When listing a service, users must comply with the platform's terms of use and policies. Services that violate the platform's standards cannot be listed, and in the case of a violation, the service may be removed. The platform reserves the right to remove inappropriate content or services that do not comply with the rules, or to warn the service provider.
4.4. Paid Consulting Service
The platform allows users to offer paid consulting services via video calls. This service enables direct connections between users seeking consultation and those providing it, facilitating support on various professional topics.
• Consulting Categories: Users can offer consulting services in different fields such as engineering, finance, law, healthcare, technology, and education. The consultants' areas of expertise are indicated on their profiles on the platform, allowing users to choose a consultant based on this information.
• Booking and Consultation Process: Users who wish to receive consulting services can select a suitable consultant through the platform, make a reservation, and conduct the video call at the scheduled time. Consulting fees are calculated based on predefined rates for specific durations (e.g., 30 minutes, 1 hour).
• Payments: Payments for consulting services are made through the platform and transferred to consultants once the consultation is completed. The platform reserves the right to charge a commission or service fee for each consultation.
• Confidentiality and Security: The platform ensures the confidentiality and security of the consultations. However, users should refrain from sharing any personal or confidential information during the call.
• Accuracy of Documents and Papers: Users providing consulting services declare that all documents and paperwork requested by the platform are accurate and up-to-date. These users commit not to present any false documents, misleading information, or inaccurate declarations. The platform reserves the right to request additional information or documents to verify the accuracy of the submitted materials. Accounts of users who provide false or incorrect documents may be suspended or permanently closed, and legal actions may be initiated.
4.5. Paid Advertising Services
The platform allows users and companies to place paid advertisements for their products and services. Advertisers can run promotional campaigns on the platform to reach specific target audiences. The platform will display these advertisements according to the advertiser's desired audience and will use the necessary technical and marketing tools to ensure that the ads reach their target audience. Advertising content and display strategies must comply with the platform's advertising policies and applicable legal regulations.
5. Payments and Fees
• Payment Methods: The platform allows payments to be made via credit card, bank transfer, and other digital payment methods. To ensure users' rights are protected in services such as obtaining services, consulting, and renting, all transactions must be conducted through the payment systems specified by the platform. Users who choose to send or receive payments outside the platform accept that the platform will not provide any guarantee or responsibility for such transactions.
• Commissions and Fees: The platform may charge a commission or service fee for the services provided. These commission rates may apply to each transaction made by users, and users agree to pay these fees. To ensure uninterrupted service and for future purchases, the platform may store payment information (e.g., credit card details) even if the payment method expires and may continue to bill automatically. Additional charges may apply to your purchases, such as currency exchange differences or price variations depending on your geographic location.
• Service Fees and Fee Changes:Unless otherwise specified on the platform, service fees are non-refundable. The platform reserves the right to change service fees at any time and will notify users before the changes take effect. Fee changes will only apply to transactions made after the effective date and will not affect rentals or service acquisitions completed before the change. If you do not accept the changes in fees, you have the right to terminate this agreement and discontinue the use of services at any time.
• Premium Memberships: By purchasing a Premium Membership, you acknowledge and accept the applicable fees, taxes, and additional conditions specific to these services. If you fail to fulfill your payment obligations, the Premium Membership may be terminated. Fees and taxes applicable at the start of the Premium Membership subscription period will be automatically charged to your payment method. These charges will continue unless you cancel before the renewal date. Learn how to cancel or suspend your Premium Membership subscription to avoid future charges.
• Refund and Cancellation Policies:Refund policies for canceled services or failed rentals are subject to the platform's relevant rules. Users may need to apply for a refund within certain time frames to be eligible.
• Resolution of Disputes: In the event of a payment dispute, the platform will use all available technical and personnel resources to act as a mediator and protect users' rights. The platform will make every effort to help the parties reach an agreement and work towards a fair resolution. However, despite all efforts, there may be instances where the parties do not wish to settle or are unable to reach an agreement. Therefore, the platform cannot guarantee the resolution of disputes.
6. Refund and Cancellation Policies
6.1. Situations Between Employer and Service Provider
In general, when an employer cancels a work agreement, the amount payable to the service provider is determined according to the applicable Cancellation Policy. However, in certain circumstances, payments and entitlements may be reconsidered, and the following conditions apply:
• Service Provider Fails to Complete the Work: If the service provider does not complete the promised work or fails to deliver it according to the agreed terms, the platform may issue a refund to the employer or reduce the payment to the service provider. In this case, considering any damages or losses incurred by the employer, the payment to the service provider may be canceled or reduced.
• Employer Stops the Work Without Cause:If the employer wishes to stop ongoing work without a valid reason, payment will be made based on the value of the completed work. However, payments for the remaining portion of the agreement may be suspended, and any additional costs resulting from the unjustified termination may be charged to the employer.
• Service Provider Delays the Work:If the service provider cannot complete the work within the promised time frame and continues to fail to make any effort to expedite the work despite warnings, the platform may issue a refund to the employer or reduce the payment to the service provider. In this case, compensation for damages resulting from the delay may be claimed from the service provider.
• Service Provider Fails to Start the Work:If the service provider does not start the work on the agreed date or unnecessarily delays the start, the employer may cancel the work agreement and request a refund of the paid amount. Additionally, other reasonable costs resulting from the failure to start the work may be charged to the service provider.
• Force Majeure: In the event of a force majeure (e.g., natural disaster, emergency, or unexpected event) occurring during the work, both parties are obligated to inform the platform of the situation. If the work cannot be completed due to force majeure, mutual agreement will be sought between the employer and the service provider. Payments and obligations will be reassessed based on the impact of the force majeure.
• Work Not Performed According to Quality and Standards: If the service provider does not perform the work according to the specified quality and standards and fails to make any effort to correct the situation despite warnings from the platform, the payment may be reduced, or the work agreement may be canceled at the employer’s request. In this case, payments received by the service provider may be reclaimed.
• Employers and service providers are responsible for any changes to the work agreement accepted through the platform or made with the assistance of customer service.They agree to pay any additional costs, fees, or taxes arising from these changes. For details on what happens to your payment following a cancellation, please refer to the Service Acquisition Cancellation Policy.
6.2. Situations Between the Renter and the Asset Owner
• In general, when a renter cancels a reservation, the amount payable to you is determined according to the applicable Cancellation Policy. As a vehicle, equipment, or other asset owner, you should not cancel a renter's reservation without a valid reason. If you cancel without a valid reason, cancellation fees and other potential consequences may apply.
• If any of the following situations occur, the amount payable to you may be reduced by the amount of the refund to the renter or other reasonable costs incurred by the platform as a result of the cancellation: o (i) The renter experiences an issue with the rental according to the specified conditions, o (ii) An unexpected situation arises, o (iii) The reservation is canceled under these terms.
• If a refund is issued to the renter after the payment has been made to you, or if the refund and other costs covered by the platform exceed the amount you received, the platform may collect this amount from you, including by deducting it from future payments.
• The platform's Refund Policy, Unexpected Circumstances Policy, and other such terms take precedence over the cancellation policy you have specified. If it is reasonably determined that a refund should be issued to the renter under one of these policies, payments for the relevant reservation may be delayed until a refund decision is made.
• Vehicle, equipment, or property owners and renters are responsible for any reservation changes accepted through the platform or made with the assistance of customer service. They agree to pay any additional amounts, fees, or taxes associated with these reservation changes. For details on what happens to your payment following a cancellation, please refer to the Rental Cancellation Policy.
6.3. Situations Between the Consultant and the Client
In general, when a client cancels a consultation, the amount payable to the consultant is determined according to the applicable Cancellation Policy. Consultants should not cancel a scheduled consultation without a valid reason. If cancellations are made without a valid reason, cancellation fees and other potential consequences may apply.
• Consultant Fails to Complete the Session: If the consultant does not complete the agreed consultation or unnecessarily interrupts the consultation process, the platform may cancel or reduce the amount payable to the consultant. In this case, a refund may be issued to the client for the unfulfilled service, and the consultant may be required to cover other reasonable costs resulting from the canceled service.
• Client Cancels the Session Without Cause: If a client cancels an ongoing or scheduled consultation without a valid reason, the amount payable to the consultant will be determined according to the cancellation policy. The client may be responsible for paying the cancellation fee or other associated costs in the event of an unjustified cancellation.
• Consultant Delays the Session:If the consultant cannot start the consultation at the agreed time or delays the start of the session and fails to make efforts to compensate for the delay despite warnings, the platform may issue a refund to the client or reduce the consultant's payment. Any dissatisfaction or damages resulting from the delay may be claimed from the consultant.
• Consultant Fails to Attend the Session:If the consultant does not attend the session at the scheduled time or fails to start the consultation, the client may have the right to cancel and request a refund. Additionally, any other reasonable costs resulting from the consultant's failure to attend the session may be charged to the consultant.
• Force Majeure: If a force majeure event (e.g., natural disaster, emergency, or unexpected event) occurs during the consultation, both the client and the consultant are required to notify the platform. If the consultation cannot be completed due to the force majeure, the payment situation will be reassessed through mutual agreement between the parties.
• Session Not Meeting Quality and Standards: If the consultant does not deliver the content of the session according to the specified quality and standards or fails to maintain professional standards during the consultation process, the client may report this situation to the platform and request a discount or refund. In this case, the consultant's payments may be partially or fully refunded.
• Changes to the Agreement:Consultants and clients are responsible for any changes to the session agreed upon through the platform or facilitated by customer service. They agree to pay any additional fees, taxes, or other costs arising from these changes. For details on what happens to your payment following a cancellation, please refer to the Consultation Cancellation Policy.
7. Misleading or Deceptive Conduct
Honesty and transparency are essential on the platform; therefore, no behavior intended to deceive others or for fraudulent purposes is acceptable. Providing misleading information about yourself, your qualifications, experiences, or the skills of others is strictly prohibited. Examples of such behavior include:
• Duplicating, sharing, or giving your account to someone else.
• Opening multiple accounts, or selling, trading, or transferring your account to another person.
• Requesting a way to communicate directly outside the platform.
• Misrepresenting your experience, skills, or professional qualifications or distorting the truth.
• Presenting another person's profile information or identity as if it were your own.
• Using a profile picture that is not yours or an image that misrepresents your identity.
• Using our platform to recruit freelancers or clients for another agency, organization, website, or company without our permission.
• Using generative AI or similar tools to significantly assist in job offers, rental requests, or delivered work without the client's consent, or using such tools in a way that infringes any third-party rights.
• Falsely impersonating or misrepresenting statements from a representative, official, or community leader of the platform.
• Falsely claiming or implying an affiliation with a person or organization (e.g., Tenderely), indicating employment with a company you do not work for, or allowing agencies to use a profile for a freelancer who is no longer working.
Furthermore, it is mandatory to be truthful about how the job or rental transaction will be performed and by whom. You may not:
• Allow someone else to use your account, which may mislead other users on the platform.
• Indicate that a specific freelancer or rental provider will perform the job or manage the rental, but in reality, have someone else undertake the work or rental—such as submitting offers on behalf of someone who is not doing or does not want to do the job.
• Publish the same job multiple times, causing unnecessary platform congestion or spam. Additionally, attempting to communicate outside the platform with individuals you connect with through the platform without their consent is prohibited.
• Mislead renters by providing incorrect information about the specified equipment, vehicle, or other assets, such as distorting the condition, features, or availability of the rented items.
• Use the rented equipment in a manner contrary to the terms of the agreement or fail to provide accurate information in the event of damage.
We take strict measures against fraud and deceptive practices, especially when payments and rentals are involved. It is unacceptable for freelancers, companies, or rental providers to fraudulently request payments from clients or renters in any of the following ways:
• Tampering with recorded working hours, rental durations, or other activities logged on the platform.
• Billing or reporting time periods or work that were not actually worked or used.
• Requesting payment for services or rentals provided by someone else while presenting them as if they were done by yourself.
• Soliciting bribes, unjust payments, or other types of compensation without the intent to provide services or rentals.
• Creating job or rental listings with disproportionate or unreasonable payment terms relative to the scope of the requested services or rented equipment.
• Requesting services or renting equipment without the intention to pay for the services or rental.
• Listing the same equipment or asset with multiple simultaneous rental requests, providing misleading information, or making false claims about the rented asset.
• Requesting or offering any kind of bribe, commission, or payment outside of the rental agreement. The rental process must be conducted strictly according to the platform’s established rules.
• Asking for the rented equipment to be provided for free or at a reduced rate, or requesting that renters perform work for less than the actual rental fee.
• Offering or requesting bribes or other payments for purposes other than the intended work. Such requests violate our standards of professional and ethical conduct.
• Asking for or requesting free or low-paid work. It is unacceptable to request freelancers to provide work as part of a proposal or in a contest format for low compensation.
• Charging any fees for the opportunity to submit a proposal or providing access to job opportunities in exchange for such payment.
• Offering services on behalf of another person related to the purchase of digital assets such as cryptocurrency or NFTs, or requesting services to perform such transactions. These activities are prohibited due to the high risk and potential for fraud.
8. User Conduct
• Acceptable Use: The platform must only be used in accordance with legal and ethical standards. Users are prohibited from engaging in illegal, fraudulent, defamatory, or offensive behavior.
• Unauthorized Access and Malicious Activities: You are prohibited from uploading any malicious software, harmful code, viruses, or other threats that could harm our platform, users, customers, or services. Any attempt to compromise our security violates the platform's terms of use.
· You may only access our services through the interface and authorized access methods provided by the platform. Attempting to access via any other method or technology is considered unauthorized use.
· It is prohibited to frame, link, or otherwise integrate our services on another website without prior written consent.
· You may not use our services to create a similar service, obtain or copy user information, or publish data for platform performance or benchmarking purposes. Such actions violate the rights and privacy of the platform.
· You may not attempt to reverse engineer, decrypt, modify, or obtain the source code for non-open-source sections of our platform. Written permission from the platform is required for such actions, and unauthorized attempts are strictly prohibited.
· Adding, sharing, or using any malicious software or harmful code that could jeopardize the safety of rented equipment or assets is prohibited.
· Attempting to access rental services through any method other than the authorized interface or tools provided by the platform and conducting rental transactions in this way is against the platform's rules.
· Promoting, framing, or sharing information about rented equipment or assets on another platform without authorization is prohibited.
• Prohibited Content and Behavior:Users are prohibited from engaging in the following types of content and behavior:
· Illegal Material: Sharing illegal content, spreading false information, or posting messages that involve fraud or threats.
· Terms of Use: Sharing information that violates our platform's Terms of Service, the terms of another website, or any similar agreement.
· Posts Targeting Individuals or Groups:Posts containing violence, discrimination, defamation, or harassment towards a specific person or group, or encouraging others to engage in such behavior.
· Political and Racist Posts: Any political propaganda, extreme nationalism, racist content, hate speech, or posts that encourage discrimination.
· Child Exploitation and Sexual Content:Sharing child exploitation, sexual harassment, pornography, or sexually explicit material.
· Terrorism Propaganda: Content that praises terrorist organizations, promotes violence, or disseminates terrorism propaganda.
· Encouraging Drug Use: Content that encourages the use of illegal substances or promotes drug use.
• Abuse and Sanctions: The platform may suspend or permanently close user accounts in cases of abuse, including the violations listed above. Such infractions may lead to indefinite bans from the platform, and legal action may be taken if necessary.
9. Prohibited Uses
9.1. Money Laundering and Illegal Money Transfers
• Use of the Platform for Illegal Purposes is Prohibited: The platform may not be used for money laundering, illegal money transfers, or any other unlawful purpose. Users must fully comply with all applicable laws and regulations.
• Combating Financial Crimes: The platform strictly adheres to national and international regulations regarding financial crimes and money laundering. Users commit not to engage in any illegal activities or use the platform for such purposes.
• Users' Legal Obligations: Users declare that any money transfer or financial transaction conducted through the platform is legal and legitimate. It is strictly prohibited to launder, transfer, or store illegal funds through the platform.
• Monitoring and Reporting of Transactions: The platform may monitor and review user transactions to detect suspicious or illegal activities. In the case of any suspicious situation or legal requirement, the platform may cooperate with relevant regulatory and law enforcement authorities.
• Account Suspension and Legal Action: Accounts suspected of being linked to money laundering or illegal money transfers may be suspended or permanently closed at the platform's discretion. The platform reserves the right to initiate legal action and report suspicious activities to the relevant authorities.
• Request for Information and Identity Verification: To prevent illegal activities, the platform has the right to verify users' identity information and request additional details. These processes may affect users' transaction limits and activities.
• Freezing of Funds: In cases where illegal activities or suspicious transactions are detected, the platform may freeze the associated funds and initiate the necessary legal investigations.
9.2. Legal Compliance
• Compliance with Local and International Regulations: Users must fully comply with both local and international financial regulations and anti-money laundering laws when using the platform.
• Cooperation with Law Enforcement: The platform reserves the right to provide user information and transaction details to the authorities when legally required.
10. Content and Intellectual Property
• User Content: Any content uploaded by users to the platform (text, images, videos, audio files, documents, comments, reviews, etc.) is the sole responsibility of the user who uploaded it. Users warrant that the content they upload complies with applicable intellectual property laws and other legal regulations and does not infringe the rights of third parties. Users are responsible for the accuracy, legality, and reliability of their content. The platform is not obligated to verify the accuracy or legal compliance of content uploaded by users but may review and remove content when deemed necessary.
• User Licensing Authority: By uploading content to the platform, users grant the platform a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to use their content. This license allows the platform to copy, modify, distribute, display, and use the content for the promotion of the platform's services. If the content you publish includes your name, voice, or image, we may use these elements for the operation and promotion of the platform. The platform may place ads alongside your content or information without any obligation to compensate you. Depending on your profile preferences, we may use your name or image when promoting platform features or services.
• Platform Content: All content, design, software, database, trademarks, logos, and other intellectual property elements belonging to the platform are the property of the platform and are protected by copyright. Unauthorized copying, reproduction, modification, distribution, or any other use of the platform's content is prohibited. Users may not use any platform content for commercial or personal purposes without permission.
• Content Translation Services: The platform may provide automated tools or translation services to translate your content, and you agree that your content may be translated using such services or tools. However, the platform does not guarantee the accuracy or quality of the translations provided. Users are responsible for checking the accuracy and appropriateness of the translations and making corrections as needed.
• Content Removal and Complaints: The platform reserves the right to remove content that is illegal, inappropriate, obscene, misleading, threatening, or otherwise in violation of these terms of use. Users may report suspicious or inappropriate content to the platform, and the platform may review the complaints and remove or modify the content if deemed necessary. Content removal is at the sole discretion of the platform and does not limit the platform's legal liability.
• Complaint Procedure Against Intellectual Property Infringement: Third parties may file a complaint with the platform if they believe their intellectual property rights have been infringed on the platform. The platform will review the complaints and may remove or restrict access to the relevant content if necessary. For complaints regarding intellectual property infringement, the complainant must provide the required documentation and information.
• Content Usage Terms and Restrictions: Users may use the content on the platform only within the framework specified by the platform. The use of content for commercial purposes or offering it to third parties without the platform's written permission is prohibited. Users must avoid any actions that may damage or manipulate the content on the platform.
• Responsibility for Storing Content and Information: We do not guarantee the storage or permanent display of the information and content you submit to our platform. Our platform does not aim to provide a storage service. Except for situations specified in our Privacy Policy and relevant legal obligations, we have no obligation to retain, archive, or provide a copy of the content or information you or other users provide.
• Disclaimer of Information and Legal Advice: We do not guarantee the accuracy or completeness of the information presented on our platform. Therefore, the information on the platform should not be used as a substitute for tax, legal, or other professional advisory services.
• Third-Party Content: Some content on the platform may be provided by third parties, and the accuracy or currency of this content is not the responsibility of the platform. All rights to third-party content belong to the respective rights holders, and users must use this content only in lawful and permitted ways.
• Platform Liability Disclaimer:The platform does not guarantee the accuracy, legality, or appropriateness of content uploaded or shared by users. All legal responsibility for the content lies with the user who uploaded or shared it. The platform accepts no liability for content violations or legal disputes.
• Content Responsibility and Indemnification Obligation: If any claim or legal action is initiated against our platform due to the content you upload, you agree to cover the platform's legal costs and other associated expenses. As the provider of the content, you are responsible for any damage arising from it and agree to protect and defend our platform, affiliates, employees, and representatives from any costs, legal proceedings, or official actions resulting from your content.
• Feedback and Suggestions: You may provide feedback and suggestions to the platform regarding our services and ways to improve them. By submitting such suggestions, you acknowledge that your ideas are voluntary and unsolicited. Unless we specifically request your suggestions and offer a reward or compensation in return, you confirm that you have no material or moral expectations regarding the suggestions. You agree that we may use, modify, and share your suggestions as we see fit without any obligation to compensate you. Additionally, when you submit a suggestion, you accept that this does not affect the platform's right to use similar or related ideas that it previously owned or received from others.
• Third-Party Links and Applications:Links or applications on our platform may direct you to third-party websites. The presence of such links on our platform does not imply endorsement of the respective third-party website or service. You accept that you use such third-party sites or applications at your own risk and without the platform's approval.
11. Dispute Resolution
• Internal Dispute Resolution:The platform offers internal dispute resolution mechanisms to facilitate the amicable resolution of disputes between users. Users can resolve their issues by utilizing the platform's support and mediation services. The platform will use its technical and personnel resources to help achieve a resolution between users to address disputes more quickly and efficiently. Participation in the internal dispute resolution process requires the parties to act in good faith to resolve the disputes through mutual dialogue.
• Mediation and Arbitration:Disputes that cannot be resolved between users should be addressed through alternative dispute resolution methods such as mediation or arbitration before proceeding to court. During the mediation process, the parties are expected to make efforts to reach a mutual agreement. The platform may provide suitable mediation or arbitration services to guide the parties through the process. The parties acknowledge that decisions reached through arbitration are binding and enforceable like a court decision.
• Third-Party Dispute Resolution Services: If necessary, the platform reserves the right to recommend or refer users to third-party dispute resolution services to resolve their disputes. The costs and services of these third-party providers will be the responsibility of the parties, and the platform is not liable for the outcomes or decisions made by these services.
• Platform's Role and Responsibility:While the platform will provide technical and administrative support to help resolve disputes between users, its authority in decision-making is limited. The ultimate responsibility for dispute resolution rests with the parties, and the platform's services are intended to assist only. The platform does not guarantee the resolution of disputes and may not have a direct influence on the outcomes.
• Jurisdiction and Applicable Law:All disputes will be resolved according to the laws of the platform's headquarters or the country of the user's residence. The parties agree on the jurisdiction in which disputes will be resolved and the applicable legal framework. Regarding jurisdiction, the area specified by the platform will be considered the venue for resolving disputes. In the event of court proceedings, the parties acknowledge that the jurisdiction specified by the platform is binding.
• Time Frame for Dispute Resolution:All dispute resolution processes should be conducted to ensure completion within a reasonable time frame. The parties must provide the necessary information in a timely manner and cooperate to resolve disputes. Delays in resolving disputes may affect the parties' good faith during the process, and the platform's responsibility may be limited accordingly.
• Confidentiality and Confidential Information: During the dispute resolution process, the parties must maintain the confidentiality of all information, including discussions and obtained data. Information shared during mediation and arbitration should only be used for dispute resolution purposes and should not be disclosed without the parties' consent.
• Review of Documents and Correspondence:The platform has the right to view, review, and evaluate documents, correspondence, and other relevant information shared between users for the purpose of dispute resolution. Additionally, the platform may share such information with experts deemed necessary for resolving disputes. This process is conducted to ensure fair and prompt resolution of disputes and is carried out in accordance with confidentiality principles.
12. Limitation of Liability
• Platform's Liability: The platform is not responsible for any direct or indirect damages, losses, or harm arising from transactions, disputes, rentals, consulting services, or other commercial relationships between users. By using the platform, users acknowledge that the platform merely provides a facilitation service and is not a party to the resolution of any damages resulting from disputes or transactions. This limitation of liability applies to all claims arising under contract, tort (including negligence), or other legal theories.
• Warranty Limitations: The services provided on the platform are offered "as is" and "as available." The platform does not guarantee that the services will be uninterrupted, error-free, or suitable for a particular purpose. The suitability or accuracy of the information provided by the platform is not guaranteed, and users are responsible for verifying the information themselves. Users accept that the platform has no obligation if their expectations for the services are not met.
• Indirect and Incidental Damages: The platform is not liable for non-direct, indirect, incidental, or consequential damages (e.g., data loss, loss of profits, business interruption). Even if such damages arise from the platform's negligence or breach of contract, no compensation claim can be made against the platform.
• Disclaimer of Responsibility for User Actions:The platform does not assume any responsibility for content provided by users, services rendered, rented products, or transactions carried out. The quality, accuracy, and reliability of the services provided by users are entirely their responsibility. The platform makes no guarantees or assurances regarding the fulfillment of agreements or the resolution of disputes between users.
• Force Majeure: The platform is not liable for interruptions or disruptions in services due to force majeure events (natural disasters, war, terrorist attacks, government decisions, cyber-attacks, technical failures, etc.). Such events are beyond the platform's control, and users acknowledge that the platform has no liability in these circumstances.
• Third-Party Links and Content: The platform is not responsible for third-party links or content found on the platform and does not guarantee the accuracy, reliability, or legality of such content. By using third-party services, users accept the terms and conditions and related responsibilities of those services.
• Limitation of Liability and Waiver: By using the platform, users agree that the platform's liability is subject to the limitations specified in these terms of use and that these limitations are legally valid and binding. These limitations apply to all legal claims that users may bring directly against the platform. The platform's maximum liability under these terms is limited to one hundred U.S. dollars (100 USD).
13. Indemnification
• To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the platform (including its affiliates, payment providers, and personnel) from and against any and all claims, liabilities, damages, losses, or costs, including reasonable legal and accounting fees, arising from or related to, but not limited to:
· Your violation of these Terms (including additional or supplementary terms applicable to specific products or services) or the platform's other legal conditions, policies, or standards,
· (ii) Your improper or unauthorized use of the platform,
· (iii) Your interactions with other users, any injury, loss, or damage (whether indirect, direct, incidental, consequential, or otherwise) experienced during service acquisition, or any injury, loss, or damage (whether indirect, direct, incidental, consequential, or otherwise) involving vehicles, equipment, or other assets provided as part of rental services,
· (iv) Errors related to tax transactions made by you or on your behalf, such as the failure to correctly report, collect, or pay taxes,
· (v) Your infringement of intellectual property, privacy rights, or any other law, regulation, or third-party rights.
This indemnification obligation is established to ensure the protection of the platform and other relevant parties against potential legal issues and financial liabilities.
14. Changes to Terms
• Updates: The platform reserves the right to modify or update the terms of use at any time without prior notice. Changes will take effect once published on the platform. While the platform will strive to minimize the impact of changes on users, it is the responsibility of users to periodically review the terms of use to stay informed of any updates.
• Change Notification: In the event of significant changes, the platform may notify users of these changes via email or announcements on the platform. However, such notification is not mandatory, and users are still responsible for regularly checking the terms of use.
• Acceptance: Users acknowledge that by continuing to use the platform after changes to the terms, they are deemed to have accepted the changes and agree to be bound by the updated terms. If users do not accept the changes, they must discontinue using the platform and close their accounts.
• User Approval and Disputes:The platform may suspend or close the accounts of users who do not accept the changes to the terms, as they would be deemed non-compliant with the new conditions. Any disputes arising before the effective date of the changes will be resolved according to the terms in effect before the changes took place.
• Non-Retroactive Application of Changes:Unless otherwise specified, changes to the terms of use will only apply to events that occur after the changes take effect and will not be applied retroactively. Users will be subject to the terms in effect at the time of events that occurred before the changes were implemented.
• Platform's Rights and Authority:The platform has the right to enforce and implement the updated terms as accepted by the users, as needed. This right will be exercised to maintain service quality and improve the user experience.
15. Governing Law
• Legal Validity: These terms of use and any disputes related to the services provided by the platform are governed by the laws of Delaware, United States of America. By using this platform, users acknowledge that the applicable legal framework is the laws of Delaware, United States of America. This legal framework may differ from the laws of the users' place of residence, and the platform accepts no responsibility for situations arising from such legal differences.
• Applicable Law: Users agree that all legal claims and disputes arising from the services provided by the platform will be evaluated and resolved in accordance with the laws of Delaware, United States of America. This applies regardless of the legal regulations in the location from which the platform is accessed.
• Jurisdiction: In the event of any legal dispute, the courts of Delaware, United States of America, shall have exclusive jurisdiction. Users agree that this jurisdiction is binding and that any lawsuits or legal proceedings will be handled exclusively in these courts. The platform reserves the right to initiate legal proceedings in the users' country of residence or another suitable jurisdiction if deemed necessary.
• Mandatory Jurisdiction and Legal Limitations: The laws of the users' place of residence may impose mandatory jurisdiction and certain legal limitations. In such cases, users must comply with the applicable legal limitations and mandatory jurisdiction rules. However, these limitations do not affect the platform's specified jurisdiction and applicable law.
• International Use and Compliance:The platform may be used in different countries or jurisdictions. Users are responsible for acting in accordance with local laws and not violating these terms of use before using the platform. The platform may limit the availability of services in certain regions or restrict access to services for users. Users are responsible for complying with local laws and verifying the legality of their use of the platform.
• Conflicting Laws: These terms of use may, in certain situations, conflict with the laws of the users' place of residence. In such cases, the governing law and jurisdiction specified by the platform shall take precedence. However, if mandatory legal regulations require otherwise, such provisions favorable to the users may apply.
16. Contact Us
If you have any questions about these Terms, please email us at (support@tenderely.com).
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