Terms of Service

Last updated: April 20, 2026

Please read these Terms carefully. They contain important information about your legal rights, including a binding arbitration agreement and class action waiver in Section 17. By creating an account or using Borriva you accept these Terms.

1. About Borriva

Borriva is a peer-to-peer marketplace operated by Borriva LLC, a Colorado limited liability company ("Borriva," "we," "us," or "our"). Borriva connects people who own everyday items with people in their local community who want to rent those items. We provide the technology platform, payment processing, and limited customer support that makes these transactions possible. We are not a rental company, we do not own or inspect any of the items listed, and we are not a party to any rental agreement between users.

2. Eligibility

You must be at least 18 years old and legally able to enter into a binding contract to use Borriva. You must provide accurate information when creating an account, including a valid email address and your real name. You may not create an account on behalf of another person, share your account, or maintain more than one account at a time. By creating an account you represent that all information you provide is true and that you will keep it up to date.

3. Your Account

You are responsible for everything that happens on your account, including any rentals listed, requested, or completed. You agree to keep your password secure and to notify us immediately if you believe your account has been compromised. We may suspend or terminate your account at any time for any reason, including violations of these Terms, suspected fraud, harassment of other users, or repeated cancellations or no-shows. We are not liable for any losses you incur as a result of account suspension or termination.

4. Borriva Is Not a Party to Rentals

Every rental on Borriva is a direct agreement between the item owner and the renter. Borriva is not the seller, lessor, broker, agent, insurer, or guarantor of any item or transaction. We do not inspect items, screen users beyond email verification, verify identities, perform background checks, or guarantee that any item is fit for any particular purpose. All risk of loss, damage, injury, or dispute arising from a rental is borne by the users involved.

5. Owner Responsibilities

If you list an item on Borriva you agree that: (a) you own the item or have the legal right to rent it; (b) the item is accurately described in your listing, including its condition, capabilities, and any known defects; (c) the item is in safe working condition and complies with all applicable laws and product safety standards; (d) you will honor approved rental requests and make the item available at the agreed time and location; (e) you will not list any item that is prohibited under Section 8 of these Terms. You are solely responsible for any injury, illness, property damage, or legal claim arising from your item, including from defects you knew or should have known about.

6. Renter Responsibilities

If you rent an item on Borriva you agree that: (a) you will use the item only for its intended purpose and in accordance with any instructions from the owner; (b) you will return the item in the same condition you received it, on time, to the agreed location; (c) you are responsible for any damage, loss, theft, or destruction of the item that occurs while it is in your possession, regardless of cause; (d) you will not allow third parties to use the item without the owner's permission; (e) you will not use the item to commit any unlawful act. If you damage or fail to return an item, you authorize Borriva to charge your payment method on file for the reasonable cost of repair or replacement, in addition to any late fees that apply.

7. Payments and Fees

Borriva uses Stripe to process all payments. By creating a rental request you authorize Borriva and Stripe to place a temporary authorization hold on your payment method for an amount up to 110% of the rental total. This buffer covers potential late fees and other adjustments. Only the actual final amount (rental cost plus any late fees or damage charges) will be captured; the unused authorization is automatically released by your card issuer. Borriva charges renters a 12% service fee on top of the owner's listed price. Item owners receive 100% of their listed rental price; Borriva does not deduct a fee from owner payouts. All amounts are in U.S. dollars.

8. Late Fees and No-Shows

Renters are expected to confirm pickup of an item within two (2) hours of the agreed start time. If pickup is not confirmed within this grace period, a late fee equal to 5% of the rental total will be added to the final captured amount. If pickup is not confirmed within 24 hours of the agreed start time, the rental may be automatically captured at the full authorized amount and the rental marked as completed without recourse. Owners who fail to make their item available at the agreed time may be subject to account suspension and may be required to refund the renter in full.

9. Cancellations and Refunds

Renters may cancel a rental request at no cost before it is approved. Once approved, cancellations may be subject to a fee at the owner's discretion. Owners who cancel approved rentals may be subject to account penalties. Refunds for disputed transactions are evaluated on a case-by-case basis. Borriva reserves the right to refund or not refund any transaction at our sole discretion, but we are under no obligation to do so.

10. Prohibited Items

You may not list, request, or transact in any of the following on Borriva: firearms, ammunition, or weapons of any kind; alcohol, cannabis, tobacco, vaping products, or other regulated substances; prescription drugs or medical devices; vehicles or trailers requiring DMV registration; aircraft, watercraft, or other licensed transportation; live animals or animal products; food or perishable goods; counterfeit, stolen, or recalled merchandise; items subject to export controls; cryptocurrency mining hardware; real estate, room rentals, or sublets; financial instruments; adult content or services; any item that is illegal to own, sell, or rent in Colorado or the renter's jurisdiction. Listings that violate this section will be removed and the listing user may be banned without warning.

11. User Conduct

You agree not to: (a) harass, threaten, or intimidate any other user; (b) post false, misleading, or defamatory content; (c) attempt to circumvent Borriva's payment system or arrange off-platform transactions for items first contacted through Borriva; (d) scrape, copy, or republish content from the platform; (e) interfere with or disrupt the platform; (f) use the platform for any commercial purpose other than legitimate peer-to-peer rentals; (g) impersonate any person or entity. Borriva may remove content and terminate accounts for any conduct that violates these Terms or that we determine, in our sole discretion, is harmful to the community.

12. Disclaimer of Warranties

BORRIVA AND THE PLATFORM ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES. WE DO NOT WARRANT THE QUALITY, SAFETY, LEGALITY, OR ACCURACY OF ANY ITEM LISTED ON THE PLATFORM. WE MAKE NO REPRESENTATIONS ABOUT THE CONDUCT, IDENTITY, OR INTENTIONS OF ANY USER.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BORRIVA, ITS OFFICERS, MEMBERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING FROM YOUR USE OF THE PLATFORM, ANY RENTAL TRANSACTION, OR THE CONDUCT OF ANY OTHER USER. OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS RELATED TO THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU HAVE PAID TO BORRIVA IN THE 12 MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100). THIS LIMITATION APPLIES REGARDLESS OF THE LEGAL THEORY OF LIABILITY AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

14. Assumption of Risk

YOU UNDERSTAND THAT MANY ITEMS LISTED ON BORRIVA ARE INHERENTLY DANGEROUS, INCLUDING BUT NOT LIMITED TO POWER TOOLS, LADDERS, MOVING EQUIPMENT, MACHINERY, AND HEAVY OBJECTS. YOU EXPRESSLY ASSUME ALL RISK OF INJURY, DEATH, OR PROPERTY DAMAGE ARISING FROM THE USE OF ANY ITEM RENTED THROUGH THE PLATFORM. YOU AGREE THAT BORRIVA HAS NO DUTY TO INSPECT, TEST, OR CERTIFY ANY ITEM, AND THAT THE OWNER'S DISCLOSURES ABOUT AN ITEM'S CONDITION ARE THE OWNER'S REPRESENTATIONS, NOT BORRIVA'S.

15. Indemnification

You agree to defend, indemnify, and hold harmless Borriva LLC and its officers, members, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the platform; (b) your violation of these Terms; (c) your violation of any third party right, including any right of privacy or intellectual property right; (d) any rental transaction you participate in; (e) any item you list, rent, damage, lose, or fail to return; (f) any injury or damage you cause to another user, their property, or any third party.

16. Damage Disputes

Borriva does not currently provide insurance, guaranteed damage protection, or formal dispute resolution beyond limited mediation. We strongly encourage all users to document item condition with photos and timestamps before pickup and after return. If a damage claim is filed, Borriva may attempt to mediate between the parties but is not obligated to do so. Borriva may, at our sole discretion, charge a renter's payment method for the cost of repair or replacement of a damaged item, but we make no guarantee that such recovery will be successful or sufficient. Users may also pursue claims in small claims court or other appropriate forum.

17. Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. Any dispute, claim, or controversy arising out of or relating to these Terms or the platform (a "Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules, except that you may bring a Dispute in small claims court if it qualifies. Arbitration will take place in Denver, Colorado, or by remote means. You and Borriva agree that any Dispute will be brought in your or our individual capacity, and not as a plaintiff or class member in any purported class action, collective action, or representative proceeding. You may opt out of this arbitration agreement by emailing borriva.business@gmail.com within 30 days of first creating your account, with the subject line "Arbitration Opt-Out" and stating your full name and account email. If you opt out, all other Terms continue to apply.

18. Governing Law and Venue

These Terms are governed by the laws of the State of Colorado, without regard to its conflict of law principles. Subject to the arbitration provision above, any legal action that is not subject to arbitration will be brought exclusively in the state or federal courts located in Denver County, Colorado, and you consent to the personal jurisdiction of those courts.

19. Force Majeure

Borriva is not liable for any failure or delay in performance caused by events outside our reasonable control, including but not limited to natural disasters, pandemics, war, terrorism, civil unrest, government action, labor disputes, internet or utility outages, or failures of third-party services such as Stripe, Supabase, or domain providers.

20. Tax Responsibility

You are solely responsible for determining and paying any taxes that apply to your activity on Borriva, including income tax on rental earnings and any applicable sales or use tax. Borriva does not provide tax advice and does not withhold taxes from owner payouts. If you earn more than the IRS reporting threshold in a calendar year, Stripe may issue you a 1099-K form for tax reporting purposes.

21. Intellectual Property

The Borriva name, logo, website, and all related branding and software are the property of Borriva LLC. You may not copy, modify, distribute, or create derivative works of any Borriva intellectual property without our written permission. By posting content to the platform (such as listing photos, descriptions, or reviews) you grant Borriva a non-exclusive, worldwide, royalty-free license to use, display, and distribute that content in connection with operating and promoting the platform.

22. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the platform at least seven (7) days before the changes take effect. Your continued use of Borriva after the effective date of the updated Terms constitutes your acceptance. If you do not agree to the updated Terms, you must stop using the platform and may close your account.

23. Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck or modified to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

24. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Borriva regarding the platform and supersede all prior agreements and understandings.

25. Contact

For questions about these Terms or the platform, contact us at borriva.business@gmail.com. Borriva LLC, registered in Colorado, registered agent: Christian Adrian Cervantes, 2344 S Clay St, Denver CO 80219.

Questions? Contact us at borriva.business@gmail.com