TERMS OF USE

These Terms of Use ("Terms") govern your access to and use of the Cloud of Goods website, applications, marketplace, booking tools, customer support channels, communications, and related services (collectively, the "Platform").

These Terms are a legally binding agreement between you and Rental Commerce Inc. d/b/a Cloud of Goods ("Cloud of Goods," "CoG," "we," "us," or "our").

By accessing or using the Platform, creating an account, placing a booking, communicating through the Platform, or clicking to accept these Terms, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Platform.

Cloud of Goods operates a technology platform and online marketplace that helps users discover, compare, request, reserve, rent, and pay for equipment and related services offered by independent third-party partners, merchants, rental suppliers, and equipment owners ("Partners").

Unless expressly stated otherwise in a separate written agreement signed by Cloud of Goods, Cloud of Goods is not the owner, lessor, supplier, manufacturer, distributor, maintenance provider, or direct provider of the rental equipment listed on the Platform.

Cloud of Goods is not a party to the rental contract between the customer and the Partner fulfilling the order, except to the limited extent expressly stated in booking disclosures or a separate signed document. The rental transaction itself is between the customer and the fulfilling Partner.

Cloud of Goods may facilitate:

1. product discovery and search;
2. booking and reservation workflows;
3. payment collection and administration;
4. customer support communications;
5. cancellation/refund administration;
6. claims support and issue escalation; and
7. other related marketplace services.

To use the Platform, you must:

1. be at least 18 years old or the age of majority in your jurisdiction, whichever is higher;
2. have legal capacity to enter into binding agreements; and
3. comply with these Terms and all applicable laws.

If you use the Platform on behalf of a company, organization, family member, or other person, you represent and warrant that you have authority to bind that person or entity to these Terms.

You may be required to create an account or provide information to use some parts of the Platform.

You agree to:

1. provide accurate, current, and complete information;
2. keep your information updated;
3. maintain the confidentiality of your account credentials;
4. restrict access to your account;
5. notify us promptly of any unauthorized use or security breach; and
6. accept responsibility for activities occurring under your account to the extent permitted by law.

We may suspend, restrict, or terminate accounts that are inaccurate, fraudulent, abusive, unlawful, or in violation of these Terms.

The Platform may display listings, descriptions, images, specifications, prices, availability, delivery windows, suitability statements, reviews, and other content supplied by Partners or third parties.

Cloud of Goods does not guarantee that any listing or content is accurate, complete, current, lawful, safe, suitable, or error-free.

Availability, pricing, fulfillment areas, delivery timing, and Partner acceptance may change at any time. A displayed listing does not guarantee that an item is available or that a Partner will accept the booking.

When you place a booking through the Platform, you are submitting a request to rent from the fulfilling Partner subject to:

1. these Terms;
2. the applicable Marketplace Rental Agreement;
3. booking-specific checkout disclosures;
4. cancellation/refund terms;
5. any optional damage waiver or protection terms; and
6. applicable law.

Unless expressly stated otherwise, the rental contract for the equipment is between you and the fulfilling Partner, not Cloud of Goods.

Cloud of Goods may act as a marketplace facilitator, administrative intermediary, and limited payment collection agent in connection with bookings.

By submitting a booking, you authorize Cloud of Goods and its payment processors to charge your selected payment method for:

1. rental charges;
2. platform or service fees;
3. delivery or pickup fees;
4. optional protection or damage waiver fees;
5. taxes and governmental charges;
6. authorized loss or damage amounts;
7. chargebacks, reversals, and collection-related amounts where permitted by law and contract; and
8. other disclosed charges associated with your booking.

Cloud of Goods may collect payments on behalf of the Partner and for its own platform-related charges.

Payment processing services may be provided by third-party processors and are subject to their own terms and privacy practices.

Bookings may be subject to cancellation, modification, refund, no-show, and rescheduling rules shown:

1. at checkout;
2. in the booking confirmation;
3. in the applicable policy posted on the Platform; and
4. as required by mandatory law.

If these sources conflict, the following order applies:

1. mandatory law;
2. booking-specific checkout disclosures;
3. booking confirmation terms;
4. published cancellation/refund policy.

Cloud of Goods may, but is not obligated to, issue goodwill credits, partial refunds, or administrative adjustments.

If you book equipment through the Platform, you agree that you will:

1. inspect it promptly;
2. use it only for its intended purpose and in accordance with all instructions and laws;
3. not allow unsafe, unauthorized, underage, impaired, or unqualified use;
4. stop use immediately if the item appears defective or unsafe; and
5. comply with the applicable Marketplace Rental Agreement and Partner requirements.

Cloud of Goods is not responsible for supervising, inspecting, or controlling your use of rented equipment.

You agree not to:

1. use the Platform unlawfully or fraudulently;
2. submit false, misleading, or inaccurate information;
3. impersonate any person or entity;
4. interfere with, disrupt, damage, or overload the Platform;
5. scrape, crawl, copy, harvest, or extract data from the Platform without written permission, except as permitted by law;
6. bypass security measures or access non-public areas;
7. upload malware, harmful code, or malicious content;
8. infringe intellectual property or privacy rights;
9. manipulate reviews, listings, rankings, or transactions;
10. use the Platform to harass, threaten, discriminate against, abuse, or defraud any person; or
11. use the Platform in any manner that could expose Cloud of Goods, its users, or Partners to harm, liability, or regulatory risk.

You may submit reviews, ratings, messages, photos, support communications, feedback, or other content ("User Content").

You retain ownership of your User Content, but you grant Cloud of Goods a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, adapt, modify, display, perform, distribute, and use your User Content for:

1. operating the Platform;
2. providing support;
3. improving services;
4. fraud prevention and compliance;
5. marketing and promotion, subject to applicable law and your privacy settings; and
6. internal business purposes.

You represent and warrant that:

1. you own or control the rights needed for the User Content;
2. it is accurate to the best of your knowledge;
3. it does not violate any law or third-party rights; and
4. it is not defamatory, abusive, fraudulent, or misleading.

We may remove or restrict User Content at our discretion where permitted by law.

The Platform, including its software, design, layout, text, graphics, branding, logos, interfaces, databases, and content created by or for Cloud of Goods, is owned by or licensed to Cloud of Goods and is protected by intellectual property laws.

Except for the limited right to use the Platform in accordance with these Terms, no rights are granted to you.

You may not copy, modify, distribute, sell, reverse engineer, decompile, disassemble, create derivative works from, or commercially exploit any part of the Platform except as expressly permitted by law or by our written consent.

The Platform may integrate with or link to third-party websites, services, payment processors, maps, messaging tools, analytics providers, advertising platforms, or external content.

Cloud of Goods does not control and is not responsible for third-party services, websites, content, products, policies, or practices.

Your use of third-party services is at your own risk and subject to the third party's terms and policies.

Information available on the Platform is for general informational purposes only.

Cloud of Goods does not provide:

1. legal advice;
2. medical advice;
3. mobility assessments;
4. childcare or child-safety advice;
5. engineering or safety certification;
6. tax advice; or
7. regulatory compliance advice for your specific use case.

You are solely responsible for obtaining appropriate professional advice where needed.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PLATFORM AND ALL CLOUD OF GOODS SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

CLOUD OF GOODS DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, AND SYSTEM AVAILABILITY.

CLOUD OF GOODS DOES NOT WARRANT THAT:

1. THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE;
2. ANY DEFECT WILL BE CORRECTED;
3. ANY LISTING OR CONTENT WILL BE ACCURATE OR RELIABLE; OR
4. ANY EQUIPMENT OR PARTNER WILL MEET YOUR EXPECTATIONS.

Nothing in these Terms excludes any right, guarantee, or remedy that cannot lawfully be excluded under applicable law.

To the maximum extent permitted by applicable law, you release Cloud of Goods from claims, demands, liabilities, damages, losses, costs, and expenses arising out of or relating to:

1. acts or omissions of Partners or other third parties;
2. the condition, quality, legality, safety, or suitability of rented equipment;
3. disputes between you and a Partner;
4. your use, misuse, or inability to use the Platform or rented equipment; and
5. delays, interruptions, or fulfillment issues caused by third parties.

This release does not apply to the extent a claim cannot lawfully be waived under applicable law.

To the maximum extent permitted by applicable law, Cloud of Goods shall not be liable for any indirect, incidental, consequential, special, exemplary, or punitive damages, or for any loss of profits, loss of revenue, loss of opportunity, loss of data, business interruption, or reputational harm arising out of or relating to the Platform, these Terms, or any booking.

To the maximum extent permitted by applicable law, if Cloud of Goods is found liable for any claim arising from or relating to the Platform or its marketplace services, Cloud of Goods' aggregate liability shall not exceed the lesser of:

1. the total fees actually retained by Cloud of Goods in connection with the specific booking or event giving rise to the claim; or
2. USD $100 (or local equivalent), unless mandatory law requires otherwise.

Nothing in these Terms excludes or limits liability for fraud, fraudulent misrepresentation, willful misconduct, death or personal injury caused by negligence where non-excludable, or any other liability that cannot lawfully be limited.

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Cloud of Goods from third-party claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, arising out of or relating to:

1. your breach of these Terms;
2. your misuse of the Platform or rented equipment;
3. your violation of law or third-party rights;
4. your User Content; or
5. fraud, negligence, or misconduct by you or persons acting under your account or authority.

This Section applies only to the extent permitted by applicable law.

Cloud of Goods may suspend, restrict, or terminate your access to the Platform, in whole or in part, where reasonably necessary to:

1. protect users, Partners, or the Platform;
2. investigate suspected fraud, abuse, or unlawful conduct;
3. comply with law, regulation, court order, or governmental request;
4. address technical or security issues; or
5. enforce these Terms.

You may stop using the Platform at any time.

Termination does not affect accrued rights, payment obligations, dispute rights, or provisions intended to survive termination.

Your use of the Platform is also governed by the Cloud of Goods Privacy Policy, which describes how we collect, use, disclose, retain, and protect personal information.

By using the Platform, you acknowledge that your information will be handled in accordance with the Privacy Policy.

You consent to receive electronic communications from Cloud of Goods, including notices, receipts, booking updates, disclosures, and customer support messages, to the extent permitted by law.

You agree that electronic communications satisfy any legal requirement that such communications be in writing.

If you provide suggestions, ideas, recommendations, or other feedback about the Platform ("Feedback"), you grant Cloud of Goods a worldwide, perpetual, irrevocable, royalty-free right to use and exploit that Feedback without restriction or compensation, subject to applicable law.

Cloud of Goods shall not be liable for delays, failures, interruptions, or performance issues caused by events beyond its reasonable control, including natural disasters, pandemics, weather, strikes, war, terrorism, civil unrest, transportation breakdowns, internet or telecommunications outages, cyber incidents, utility failures, governmental action, or third-party service failures.

This Section is subject to mandatory rights that cannot be excluded.

Any dispute, claim, or controversy between you and Cloud of Goods arising out of or relating to these Terms or the Platform shall be resolved as follows, except where prohibited by mandatory law:

23.1 Informal Resolution

Before filing a formal claim, both parties agree to attempt in good faith to resolve the dispute informally by written notice.

23.2 Arbitration Where Enforceable

If the dispute is not resolved informally, it may be resolved by binding arbitration administered by a recognized arbitration provider, unless applicable law gives you the right to proceed in court or before a regulator, tribunal, or consumer body.

23.3 Small Claims / Mandatory Forums

Nothing in these Terms prevents either party from bringing an individual claim in small claims court or another forum where that right is mandatory and cannot be waived.

23.4 Class Action Waiver

To the maximum extent permitted by applicable law, claims must be brought on an individual basis and not as a plaintiff or class member in any purported class, collective, representative, or private attorney general proceeding.

This clause applies only where lawful and enforceable.

23.5 Local Law Override

If arbitration, class waiver, forum selection, or any dispute resolution term is unenforceable in your jurisdiction, that term shall apply only to the maximum extent permitted by law.

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles, except to the extent mandatory consumer protection law in your country, province, or state of residence applies and cannot be displaced by contract.

If you are a consumer residing outside the United States, you may also benefit from mandatory provisions of the law of your country of residence.

Nothing in these Terms excludes, restricts, waives, or limits any consumer rights, remedies, guarantees, statutory warranties, privacy rights, unfair-contract-term protections, cooling-off rights, withdrawal rights, or other mandatory protections that apply under local law.

If any provision of these Terms conflicts with mandatory law, that provision shall be interpreted, narrowed, or severed only to the minimum extent necessary, and the remainder of the Terms shall remain in effect.

The following additional terms apply to consumers in the listed geographies. If there is a conflict, these regional terms control for those users.

26.1 European Union / EEA

For consumers habitually resident in the EU/EEA:

1. mandatory consumer rights under applicable EU and member-state law remain unaffected;
2. no contractual term shall deprive you of mandatory protections of your country of residence; and
3. required pre-contract information, withdrawal rights where applicable, and statutory remedies remain in effect.

26.2 United Kingdom

For consumers in the United Kingdom:

1. mandatory protections under UK law, including the Consumer Rights Act 2015 where applicable, remain unaffected; and
2. any unfair term shall not bind the consumer to the extent provided by law.

26.3 Canada

For consumers in Canada:

1. mandatory federal and provincial consumer and privacy rights remain unaffected;
2. limitations of liability, releases, arbitration terms, and class waivers apply only to the extent enforceable in the relevant province or territory; and
3. additional provincial protections, including in Québec, may apply.

26.4 Mexico

For consumers in Mexico:

1. mandatory consumer rights and transparency obligations remain unaffected; and
2. any abusive, unclear, or non-transparent clause shall apply only to the extent permitted by law.

26.5 Australia

For consumers in Australia:

1. nothing in these Terms excludes, restricts, or modifies rights under the Australian Consumer Law; and
2. non-excludable consumer guarantees continue to apply where relevant.

You may not assign or transfer these Terms or your rights or obligations under them without our prior written consent.

Cloud of Goods may assign or transfer these Terms, in whole or in part, to an affiliate, successor, acquirer, or in connection with a merger, acquisition, sale of assets, restructuring, or by operation of law, subject to applicable law.

If any provision of these Terms is found invalid, unlawful, unfair, or unenforceable, that provision shall be modified or severed only to the minimum extent necessary, and the remaining provisions shall continue in full force and effect.

Our failure to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

These Terms, together with the Privacy Policy, Marketplace Rental Agreement, booking-specific disclosures, optional protection plan terms, and other incorporated policies, constitute the entire agreement between you and Cloud of Goods regarding the Platform, except as otherwise expressly set out in a separate signed agreement.

For questions, notices, or support regarding these Terms or the Platform, 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

These Terms may be translated for convenience. If required by applicable law, a local-language version may control for consumers in the relevant jurisdiction.

Where local law requires specific consumer notices, disclosures, wording, or formatting, Cloud of Goods may provide supplementary local terms or notices that will form part of these Terms for users in that geography.