CLOUD OF GOODS OPTIONAL DAMAGE WAIVER TERMS

IMPORTANT: THIS OPTIONAL DAMAGE WAIVER IS NOT INSURANCE. IT IS AN OPTIONAL CONTRACTUAL WAIVER OF CERTAIN DAMAGE CHARGES, SUBJECT TO THESE TERMS. YOU ARE NOT REQUIRED TO PURCHASE THIS DAMAGE WAIVER IN ORDER TO RENT THROUGH CLOUD OF GOODS.

These Optional Damage Waiver Terms ("Damage Waiver Terms") apply when a customer elects to purchase an optional damage waiver in connection with an eligible booking made through the Cloud of Goods platform, website, applications, support channels, or related services (collectively, the "Platform").

These Damage Waiver Terms form part of the booking and are incorporated into the applicable Marketplace Rental Agreement, Terms of Use, booking disclosures, and other applicable policies.

For purposes of these Damage Waiver Terms, "Cloud of Goods" or "CoG" means Rental Commerce Inc. d/b/a Cloud of Goods.

The optional damage waiver is a contractual waiver of certain damage charges that may otherwise be assessed by the independent rental partner fulfilling the booking (the "Partner"), subject to these Damage Waiver Terms.

Unless expressly stated otherwise in writing, the optional damage waiver is:

1. offered in connection with eligible rentals fulfilled by participating Partners;
2. administered through the Cloud of Goods Platform;
3. charged at checkout as part of the booking flow; and
4. applicable only to the specific eligible item(s) and rental period identified in the booking.

This damage waiver is not insurance, does not provide liability insurance, health insurance, property insurance, or theft insurance, and does not replace a customer's obligation to act reasonably and lawfully when using rented equipment.

Cloud of Goods operates the Platform as a marketplace and booking facilitator.

Unless expressly stated otherwise in a separate signed writing, Cloud of Goods is not:

1. the insurer;
2. the direct underwriter of the optional damage waiver;
3. the owner or lessor of the rental item; or
4. the direct provider of the rental equipment.

Cloud of Goods may administer presentation of the waiver option, fee collection, customer communications, claims intake, issue escalation, and related support on behalf of the participating Partner and/or for its own platform administration purposes.

Nothing in these Damage Waiver Terms makes Cloud of Goods a party to the rental itself, except to the limited extent expressly stated in applicable checkout disclosures or mandatory law.

The optional damage waiver is available only:

1. for eligible bookings where the waiver option is presented during checkout or booking confirmation;
2. for eligible item categories and participating Partners;
3. when selected and paid for at the time required by the booking flow; and
4. for the rental period shown in the booking.

If the waiver option is not displayed for a booking, then the booking is not eligible for this optional damage waiver.

Subject to these Damage Waiver Terms, if you purchase the optional damage waiver, the participating Partner agrees to waive certain charges otherwise payable by you for covered accidental physical damage to an eligible rented item occurring during the covered rental period.

The optional damage waiver applies only to physical damage to the eligible rental item itself and only to the extent expressly stated in these Damage Waiver Terms.

The optional damage waiver does not eliminate or reduce charges except as specifically stated here.

Subject to all exclusions, limitations, and local-law overrides, the optional damage waiver generally applies to sudden, accidental, and direct physical damage to an eligible rented item that:

1. occurs during the covered rental period;
2. occurs while the item is in the Borrower's possession or control;
3. is promptly reported as required by these Damage Waiver Terms; and
4. is not otherwise excluded.

Coverage, if applicable, is limited to repair costs or replacement-value-based charges that would otherwise be contractually owed to the Partner for the covered item, subject to any stated cap, deductible, category restriction, or item-specific limitation disclosed at checkout or in the booking.

Unless mandatory law requires otherwise, the optional damage waiver does not apply to, and no waiver is provided for, any of the following:

6.1 Intentional or Reckless Conduct

Damage caused by or arising from:

1. intentional acts;
2. willful misconduct;
3. reckless conduct;
4. grossly improper use where non-waivable standards permit exclusion;
5. misuse outside the ordinary intended use of the item.

6.2 Theft, Loss, or Unexplained Disappearance

The waiver does not cover:

1. theft;
2. loss;
3. misplacement;
4. abandonment;
5. confiscation;
6. unexplained disappearance of the item or any component/accessory.

6.3 Unauthorized or Illegal Use

Damage arising from:

1. use in violation of law;
2. use by an unauthorized, underage, impaired, or unqualified person;
3. use contrary to the manufacturer's or Partner's instructions;
4. prohibited commercial, racing, stunt, hazardous, or abusive use.

6.4 Failure to Use Reasonable Care

Damage arising from failure to exercise reasonable care to protect the item from avoidable damage, weather exposure, contamination, improper transport, or preventable misuse.

6.5 Water, Weather, or Environmental Exposure

Damage caused by water, liquid, sand, mud, smoke, heat, corrosion, weather, or environmental exposure, unless such exposure is part of the ordinary intended use of the specific item and the damage did not result from misuse or lack of reasonable care.

6.6 Cosmetic Wear and Ordinary Wear and Tear

The waiver does not apply to:

1. ordinary wear and tear;
2. cosmetic marks that are not otherwise chargeable under the rental;
3. pre-existing damage;
4. gradual deterioration;
5. mechanical breakdown not caused by a covered accidental event.

6.7 Consumables, Accessories, and Missing Parts

Unless specifically stated otherwise, the waiver does not cover:

1. missing accessories;
2. detachable parts;
3. chargers, cables, cushions, baskets, canopies, trays, cups, keys, locks, straps, manuals, bags, covers, or similar components;
4. consumable items or cleaning/restocking charges.

6.8 Use Outside Permitted Geography

Damage occurring outside the country or geographic area permitted by the booking, where taking the item outside that area is prohibited by the rental terms.

6.9 Fraud or Misrepresentation

Any claim involving fraudulent statements, false reporting, concealment, booking manipulation, chargeback abuse, or material misrepresentation.

6.10 Non-Cooperation

Failure to reasonably cooperate in the investigation of a damage claim, including failure to provide requested photos, incident details, return access, or other reasonably necessary information.

6.11 Third-Party Injury or Property Damage

The damage waiver does not cover:

1. bodily injury;
2. personal injury;
3. death;
4. damage to other property;
5. liability to third parties;
6. consequential, incidental, indirect, special, or punitive losses.

6.12 Excluded Item Categories

The waiver may not apply to certain item categories, high-value accessories, custom items, consumables, or excluded items as disclosed in the listing, at checkout, or in the booking confirmation.

To seek application of the optional damage waiver, you must:

1. notify the Partner and/or Cloud of Goods promptly after the damage occurs or is discovered;
2. stop using the item if continued use could worsen damage or create a safety issue;
3. provide truthful and complete information;
4. provide photos, videos, incident descriptions, and any other reasonably requested documentation;
5. preserve the damaged item for inspection where reasonably possible; and
6. return or make the item available for pickup as required.

Failure to comply with these claim requirements may result in denial of the waiver to the extent reasonably affected by such failure and to the extent permitted by law.

Claims are reviewed based on:

1. booking records;
2. item condition reports where available;
3. photos, videos, and communications;
4. Partner information;
5. customer-provided information;
6. applicable checkout disclosures and rental terms.

Cloud of Goods may help administer the review process, but the determination of whether charges are waived is made in accordance with these Damage Waiver Terms and the applicable booking structure.

A waiver decision may include:

1. full waiver of an eligible damage charge;
2. partial waiver where only part of the claimed amount is covered;
3. denial where an exclusion applies or required conditions are not met.

Unless mandatory law requires otherwise, the optional damage waiver does not cover:

1. loss of use;
2. lost rental income;
3. downtime;
4. substitute equipment;
5. missed business opportunity;
6. administrative penalties or non-item-related fees, unless such amounts are expressly included in the checkout terms for the optional damage waiver product.

The fee paid for the optional damage waiver:

1. is optional;
2. applies only to the booking for which it is purchased;
3. is not a security deposit;
4. is generally non-refundable once the booking is confirmed, except where required by the cancellation terms or mandatory law.

The waiver fee is consideration for the contractual waiver rights described here and not for an insurance policy.

If damage is not covered, is only partially covered, or the waiver is invalid due to an exclusion, then the Borrower remains responsible for charges properly due under the applicable rental agreement and booking terms.

Where Cloud of Goods collects those amounts, Cloud of Goods does so as:

1. a limited payment collection agent;
2. a marketplace administrator; and/or
3. a collector of its own separately disclosed platform-related charges,

and not necessarily as the owner of the claim itself.

Purchasing the optional damage waiver does not waive or limit your obligations relating to:

1. rental fees;
2. late fees;
3. cleaning fees where validly disclosed;
4. delivery or pickup fees;
5. fines, penalties, or governmental charges;
6. theft or loss charges;
7. third-party injury or property damage;
8. fraudulent or unauthorized use;
9. any amounts not expressly covered by these Damage Waiver Terms.

This optional damage waiver is a contractual arrangement only. It is not represented as insurance, a guarantee of payment, or a regulated financial product unless expressly stated otherwise in a separate written notice for a specific jurisdiction or product.

No statement on the Platform should be understood to mean that the customer is purchasing an insurance policy from Cloud of Goods.

These Damage Waiver Terms supplement the applicable:

1. Marketplace Rental Agreement;
2. Terms of Use;
3. checkout disclosures;
4. booking confirmation;
5. cancellation/refund terms.

If there is a conflict, the following order applies for optional damage waiver issues:

1. mandatory applicable law;
2. booking-specific checkout disclosures for the waiver;
3. these Damage Waiver Terms;
4. the Marketplace Rental Agreement;
5. the Terms of Use;
6. other posted policies.

To the maximum extent permitted by applicable law, Cloud of Goods' role in connection with the optional damage waiver is limited to marketplace and administrative services.

To the maximum extent permitted by applicable law, if Cloud of Goods is found liable in connection with the offer or administration of the optional damage waiver, its aggregate liability shall not exceed the amount of fees actually retained by Cloud of Goods in connection with the applicable booking or the optional damage waiver fee, whichever is greater, except to the extent a higher amount is required by mandatory law.

Nothing in these Damage Waiver Terms excludes or limits liability that cannot lawfully be excluded or limited.

Nothing in these Damage Waiver Terms excludes, restricts, waives, or limits any consumer right, statutory guarantee, remedy, cancellation right, unfair-term protection, or other non-waivable right that applies under mandatory law.

If any provision conflicts with mandatory law, that provision shall be interpreted, narrowed, or severed only to the minimum extent necessary.

The following terms apply in addition to the rest of these Damage Waiver Terms. If there is a conflict, these region-specific terms control for customers in that jurisdiction.

17.1 European Union / EEA

For consumers habitually resident in the EU/EEA:

1. mandatory consumer protections of the consumer's country of residence remain unaffected;
2. any waiver limitation, exclusion, or claims procedure applies only to the extent permitted by applicable law;
3. required pre-contract information and fairness standards continue to apply.

17.2 United Kingdom

For consumers resident in the UK:

1. nothing in these Damage Waiver Terms limits non-excludable rights under applicable UK consumer law;
2. any unfair term shall not bind the consumer to the extent provided by law.

17.3 Canada

For customers in Canada:

1. mandatory federal and provincial consumer protections remain unaffected;
2. if the customer is in Quebec, additional local consumer and language requirements may apply.

17.4 Mexico

For customers in Mexico:

1. mandatory consumer and transparency rights remain unaffected;
2. any abusive or non-transparent clause shall apply only to the extent permitted by law;
3. a Spanish-language local version should be provided for Mexico-facing deployment.

17.5 Australia

For customers in Australia:

1. nothing in these Damage Waiver Terms excludes, restricts, or modifies any rights or remedies under the Australian Consumer Law;
2. non-excludable consumer guarantees remain applicable where relevant.

By selecting the optional damage waiver option, checking a box, completing checkout, accepting the booking, taking possession of the item, or otherwise proceeding with the booking, you agree to these Damage Waiver Terms electronically.

For support regarding an optional damage waiver claim or question, contact:

• Rental Commerce Inc. d/b/a Cloud of Goods
  Address: 3730 Coconut Creek Parkway, Suite 110, Coconut Creek, FL.33066
  Email: info@cloudofgoods.com
  Phone: 407-545-3103
  Website: https://www.cloudofgoods.com

For equipment-specific damage issues, customers may also be required to communicate with the fulfilling Partner identified in the booking.