StompGear Inc.

Terms and Conditions

Effective Date: 29th of May, 2025

Applies To: gostompgear.com, stompgear.net, stompgear.ca, stompgear.rentals

Operated by: StompGear Inc. (“StompGear”, “we”, “us”, or “our”)

Pre-Launch Notice

Note: These Terms and Conditions govern your use of the StompGear platform during our pre-launch and waitlist period. Some described features may not yet be fully operational. By accessing our website, joining our waitlist, submitting personal information, or interacting with the StompGear Platform, you agree to these Terms and our Privacy Policy. These Terms will continue to apply upon full platform launch.

1. Acceptance of Terms

By accessing, browsing, registering, or using any part of the StompGear Inc. platform—including but not limited to websites, applications, tools, APIs, services, and communication channels (collectively, the “Platform”)—you acknowledge and agree that:

• You have read, understood, and agree to be legally bound by these Terms and Conditions (“Terms”), our Privacy Policy, the Protection Plan Agreement, and any additional posted guidelines, policies, or legal notices referenced or incorporated herein.

• These Terms apply during the pre-launch, waitlist, and post-launch phases of the Platform.

• These Terms represent a binding agreement between you and StompGear Inc. ("StompGear", "we", "us", or "our"). If you do not agree to any part of these Terms, you may not access or use the Platform.

Modifications: We may update these Terms at any time, and such modifications will become effective upon posting to the Platform with an updated “Effective Date.” Continued use of the Platform after changes are posted constitutes your acceptance of the revised Terms. You are encouraged to review the Terms periodically.

2. Platform Overview and Legal Role

StompGear Inc. provides a neutral, peer-to-peer marketplace that facilitates short-term rentals of outdoor, recreational, and adventure equipment between independent equipment owners (“Owners”) and individual renters (“Renters”). Our role is limited to connecting users and processing payments through a third-party provider. We do not own, control, or endorse any of the equipment listed on the Platform.

Platform Functions:

• Enable Owners to create equipment listings.

• Enable Renters to discover, reserve, and rent equipment.

• Facilitate secure payment transactions via Stripe.

• Offer optional Protection Plans to help mitigate rental risks.

User Agreements:

You acknowledge that:

• All rental transactions are solely between the Renter and the Owner.

• StompGear is not a party to the equipment rental agreement.

• StompGear does not inspect, validate, or warrant the condition, safety, legality, or usability of any listed equipment.

• You are solely responsible for evaluating the identity, trustworthiness, and reliability of any user you interact with on the Platform.

Risk and Liability Waiver:

By using the Platform, you release and hold harmless StompGear Inc., its officers, employees, affiliates, agents, licensors, and service providers from any liability, claim, or dispute that may arise from:

• Loss, injury, or damage resulting from a rental transaction;

• Disputes between users;

• Any misuse or non-performance of listed equipment;

• Actions or omissions by other users, including fraud, negligence, or violations of law.

Community Standards and Mutual Expectations (New Addition):

We strive to foster a trusted, respectful, and safe community. All users agree to uphold the following mutual commitments:

The Owner’s Promise:

• Provide accurate listings and safe, well-maintained equipment;

• Honour confirmed bookings except in extraordinary circumstances;

• Communicate clearly and act respectfully with all users.

The Renter’s Promise:

• Use equipment responsibly and return it on time in clean, working condition;

• Report issues honestly and act respectfully toward Owners;

• Accept accountability for damages, misuse, or violations of these Terms.

3. Eligibility

To access or use the StompGear Platform, you represent, warrant, and agree that you meet all of the following eligibility criteria. Failure to meet or maintain these conditions may result in suspension, cancellation of bookings, or permanent termination of your account.

3.1 Minimum Age Requirement

You must be at least 18 years of age to create an account, list equipment, make a booking, or otherwise use the Platform. By registering or using the Platform, you confirm that you meet this age requirement. We reserve the right to request proof of age at any time.

3.2 Legal Capacity and Authority

You must possess the legal right and capacity to enter into binding contracts. If you access the Platform on behalf of a business, organization, or third party, you represent and warrant that:

• You have legal authority to bind such entity;

• You accept these Terms on its behalf;

• The entity remains fully liable for all actions under the account.

3.3 Geographic Access

The Platform is currently available in Canada and may be accessed in other supported jurisdictions. Access to or use of the Platform may be restricted in certain regions due to local legal, regulatory, or insurance limitations. It is your responsibility to ensure your use is lawful in your jurisdiction.

3.4 Legal and Regulatory Compliance

You agree to comply with all applicable laws and regulations in connection with:

• Use of the Platform;

• Any rental activity, including transportation and operation of equipment;

• Applicable permits, licenses, insurance, tax filings, or safety rules.

3.5 Identity and Fraud Prevention Measures

To protect the integrity of the Platform, StompGear may require identity or payment verification at any time. This may include providing:

• Government-issued photo identification;

• Real-time facial or video verification;

• Utility bills, insurance documents, or business registration records;

• Updated payment credentials.

Failure to comply with identity verification, or suspected use of false, incomplete, or misleading information, may result in booking denial, account suspension, or removal from the Platform. StompGear reserves the right to use third-party services to conduct background checks or screen against fraud, theft, abuse, or platform manipulation.

3.6 Insurance Eligibility Requirements

To be eligible for coverage under StompGear’s optional Protection Plans, you must:

• Be a registered user in good standing;

• Have verified your identity through the required process;

• Be physically present at the time of the equipment handoff or return (for renters);

• Have no history of Protection Plan violations, chargebacks, or unresolved disputes.

Protection Plan benefits are discretionary, and StompGear reserves the right to withhold coverage or cancel claims if eligibility conditions are not met.

3.7 Right to Refuse or Terminate Access

StompGear reserves the unrestricted right to deny access, suspend accounts, or refuse services for any reason, including:

• Violations of these Terms;

• Abusive, fraudulent, or unsafe conduct;

• Refusal to comply with verification requests;

• Multiple chargebacks or unresolved complaints;

• Use of the Platform in a restricted jurisdiction.

We may take such action with or without prior notice, and at our sole discretion, in order to maintain community trust, platform safety, and legal compliance.

4. Account Security and User Responsibilities

By registering for a StompGear account and using the Platform, you explicitly agree to the following terms regarding account setup, security, and ongoing responsibilities. You are solely responsible for all activity that occurs under your account.

4.1 Accurate and Truthful Information

You agree to:

• Provide complete, accurate, and truthful personal or business information during registration;

• Maintain and promptly update your information to ensure it remains current;

• Not impersonate another person or organization, misrepresent your identity, or create an account for anyone other than yourself (unless acting as an authorized representative for an entity).

We reserve the right to verify your information at any time and to suspend or terminate accounts that contain false, misleading, or incomplete data.

4.2 Account Ownership and Responsibility

• Each account must be associated with a single individual or authorized organization.

• You may not maintain more than one personal account without express permission from StompGear.

• You are solely responsible for maintaining the confidentiality of your login credentials (email, password, 2FA tokens if applicable).

• You agree not to share your credentials or allow others to access your account, even temporarily.

Any activity conducted under your credentials will be deemed authorized by you, and you agree to be held liable for such activity.

4.3 Immediate Notification of Unauthorized Access

You must immediately notify StompGear if you become aware of, or suspect:

• Unauthorized use of your account;

• A breach of your login credentials;

• Suspicious activity, fraud, or unauthorized payment attempts related to your account.

Failure to promptly notify us may result in loss of access to your account and forfeiture of dispute protections. To report issues, contact: [email protected].

4.4 Organizational and Team Accounts

If you are registering or managing an account on behalf of a business, organization, or group:

• You must be authorized to act on behalf of that organization;

• All users acting under your organization’s account must adhere to these Terms;

• You are responsible for the actions of your employees, team members, contractors, or any individuals with access to your business account;

• You must immediately revoke access from any team member or user who is no longer authorized to act on your behalf.

4.5 Restrictions on Account Use

You agree not to:

• Sell, lease, or transfer your account to another person or entity;

• Use another user’s account without permission;

• Register or maintain accounts using false, duplicate, or disposable email addresses;

• Use the Platform on behalf of a party who is banned or suspended from StompGear.

Misuse of the Platform through multiple accounts, impersonation, or circumvention of suspension restrictions may result in permanent account termination.

4.6 Termination for Compromise or Abuse

StompGear may suspend or permanently terminate your account at any time, without notice, if:

• We detect fraudulent, abusive, or suspicious behavior;

• You are linked to prior account misconduct;

• You have unresolved disputes, chargebacks, or policy violations;

• You fail to cooperate with a security or claims investigation.

You will remain responsible for any outstanding financial obligations or legal liabilities associated with your account prior to termination.

5. Owner Responsibilities

As an equipment Owner listing gear on the StompGear Platform, you agree to uphold the following responsibilities. These obligations are in place to ensure the safety, trust, and satisfaction of all users on the Platform.

5.1 Legal Right to Rent Equipment

You affirm and warrant that:

• You are the sole legal owner of the listed equipment or have documented legal authority to rent it out;

• The item is free from third-party claims, liens, or encumbrances;

• Listing and renting your equipment on the Platform does not violate any applicable laws, lease agreements, insurance contracts, or third-party obligations.

5.2 Accurate Descriptions and Disclosures

You agree to:

• Provide accurate, complete, and up-to-date descriptions of each item, including condition, operating requirements, and any known issues;

• Use clear photographs that accurately represent the condition of the equipment;

• Promptly update listings if the item becomes unavailable, damaged, or undergoes changes in condition or pricing.

5.3 Equipment Safety, Condition, and Maintenance

Owners must ensure that all listed items:

• Are safe, fully functional, and suitable for their advertised use;

• Comply with applicable provincial and federal safety regulations;

• Have received regular maintenance per manufacturer specifications;

• Are not subject to open recalls, outstanding repairs, or undisclosed safety issues.

5.4 Communication and Fulfillment

You agree to:

• Respond to inquiries and bookings in a timely and professional manner;

• Honour all confirmed bookings except in legitimate emergencies or force majeure;

• Be punctual and reliable with pickups, drop-offs, or meetups;

• Clearly communicate logistics, special instructions, or updates to Renters;

• Notify StompGear immediately if you are unable to fulfill a booking.

5.5 Insurance and Protection Plan Limitations

You understand and agree that:

• StompGear’s Basic Protection Plan provides limited discretionary coverage, and does not replace personal or commercial insurance;

• It is your responsibility to carry appropriate insurance where required;

• Approved claims under the Basic Plan require compliance with all platform policies, eligibility criteria, and cooperation during investigations.

5.6 Incident Reporting and Cooperation

You agree to:

• Report all incidents involving damage, loss, theft, or safety concerns within 24 hours;

• Submit required documentation, including police reports (for theft), repair estimates, or photographs;

• Cooperate fully with StompGear’s team during resolution or claims processes.

5.7 Owner Conduct Standards

All Owners are expected to:

• Treat Renters with respect and professionalism;

• Refrain from discriminatory, abusive, or inappropriate conduct;

• Not engage in off-platform solicitation, harassment, or attempts to circumvent platform rules;

• Act in good faith in all disputes, negotiations, and reviews.

Violations may lead to penalties, listing suspension, or permanent account deactivation.

5.8 Prohibited Equipment Types

You may not list equipment that:

• Is illegal, stolen, hazardous, or unregistered (where registration is legally required);

• Requires specialized training or certification to operate unless verified;

• Involves weapons, surveillance tools, medical devices, or regulated substances;

• Has been recalled or fails to meet minimum safety standards.

StompGear reserves the right to remove any listing at its sole discretion if it poses legal, reputational, or safety concerns.

5.9 Listing Visibility and Platform Integrity

StompGear reserves the right to:

• Modify listing order or visibility in search results based on safety history, user reviews, booking behavior, or response rates;

• Flag or suppress listings suspected of abuse, fraud, or price manipulation;

• Adjust visibility to improve user experience or uphold community standards.

6. Renter Responsibilities

As a Renter using the StompGear Platform, you explicitly agree to the following terms, conditions, and responsibilities:

6.1 Proper and Lawful Use

You agree to:

• Operate all rented equipment responsibly, lawfully, and solely for its intended purpose;

• Follow all safety instructions provided by the Owner, manufacturer manuals, legal regulations, and common safety practices;

• Use equipment only in suitable conditions, and never for illegal, dangerous, or reckless activity;

• Not sublease, lend, or otherwise allow anyone else to use the rented item unless explicitly permitted by the Owner.

Renters are solely responsible for obtaining any required permits, licenses, or certifications necessary for lawful use of the equipment.

6.2 Responsible Operation of Specialized Equipment

Renters must take extra care when using:

• Motorized or gas-powered equipment: Must be used in accordance with fuel type, terrain restrictions, and local noise bylaws;

• Towable items (e.g., trailers, campers): Towing vehicle must be properly rated and equipped. Renters must ensure secure attachment, correct lights/brakes, and safe operation;

• Electric equipment (e.g., e-bikes, power tools): Items must be recharged using the appropriate charger, and must not be over-discharged or exposed to water if not rated;

• Seasonal and weather-sensitive items (e.g., skis, paddleboards): Must only be used in appropriate seasonal and environmental conditions to prevent damage.

Renters assume full liability for improper use, terrain mismatch, or exposure to unsafe conditions.

6.3 Condition Upon Return

All rented equipment must be returned:

• On time, at the agreed location;

• Clean and free of dirt, debris, or excessive wear;

• In the same mechanical and cosmetic condition as when received, excluding ordinary wear and tear.

Renters agree to pay for:

• Any damage, loss, theft, or destruction during the rental period;

• Any cleaning fees resulting from excessive dirt, odours, stains, or contamination.

6.4 Refueling & Battery Charging Requirements

For power equipment or fuel-based gear, Renters must:

• Return the item with the same fuel level and fuel type as it was received, unless otherwise specified by the Owner;

• Follow the Owner’s posted fuel expectations (e.g., “return full with premium gas”);

• If fuel is not replenished as agreed, accept a reasonable refueling fee to be applied against their deposit or charged to their stored payment method;

• Recharge all electric-powered items before return, unless stated otherwise. Failure to return with reasonable battery charge may incur a recharging fee.

6.5 Accessories, Attachments & Consumables

Renters are responsible for:

• Returning all accessories, cases, cables, straps, chargers, or other components provided;

• Paying for missing or damaged items from multi-part kits or bundled rentals;

• Replacing consumables (e.g., oil, propane, batteries) if explicitly noted as Renter’s responsibility in the listing or Owner instructions.

6.6 Incident Reporting and Cooperation

In the event of theft, damage, malfunction, fire, or accident, Renters must:

• Immediately notify both the Owner and StompGear through the Platform;

• Provide complete documentation, including photos, incident descriptions, police or fire reports, and any available witness statements;

• Cooperate fully with any investigation or insurance claim process.

Failure to report issues within a reasonable timeframe (typically 24 hours) may void coverage under any Protection Plan

6.7 Legal Compliance

Renters are solely responsible for:

• Following all applicable laws, rules, traffic codes, noise bylaws, boating/fishing/hunting regulations, or transport restrictions relevant to the rented item and location;

• Paying any resulting fines, penalties, or citations during the rental period;

• Indemnifying StompGear and the Owner against any legal or regulatory consequences arising from the Renter’s failure to comply.

6.8 Acknowledgment of Risks

Renters acknowledge that adventure and outdoor gear comes with inherent risks, including:

• Personal injury, illness, accident, death;

• Equipment failure in remote areas;

• Exposure to elements, wildlife, or hazardous terrain.

You voluntarily assume all such risks and release StompGear Inc. from any and all liability relating to your use of rented equipment.

7. Payments, Deposits & Stored Payment Authorization

StompGear Inc. uses Stripe, a secure, PCI-DSS-compliant third-party payment processor, to manage all financial transactions on the Platform. By using the Platform, you explicitly agree to pay all charges resulting from your rental transaction, including but not limited to rental fees, service fees, applicable taxes, refundable damage deposits, cleaning fees, penalties, deductible overages, and any other financial obligations arising under these Terms or the Protection Plan Agreement.

7.1 Rental Fees and Platform Charges

• Owner-Set Rates: Equipment rental rates are set by individual Owners. Owners are solely responsible for the accuracy of pricing, availability, and listing information.

• StompGear Fees: StompGear applies platform service fees, processing charges, and/or commissions to enable secure bookings and facilitate dispute resolution. These fees may vary by rental category, duration, protection plan tier, or other transaction-specific factors.

• Fee Transparency: A full breakdown of all charges—including rental rates, service fees, deposits, and applicable taxes—will be shown clearly at checkout before confirming your booking.

• Fee Adjustments: StompGear reserves the right to adjust its fee structure at any time. Any changes take effect immediately upon publication on the Platform. Continued use constitutes acceptance.

7.2 Booking Deposits and Payment Schedule

• Payment Timing: For bookings made more than five (5) days in advance, Renters are charged 50% of the total rental cost (including fees and taxes) at the time of booking (“Booking Deposit”). The remaining 50% will be automatically charged five (5) days prior to the rental start date.

• Short-Notice Bookings: For bookings made five (5) days or fewer before the rental start date, the full amount must be paid at the time of booking.

• Funds Held Until Completion: All payments, including rental fees and security deposits, are securely held by Stripe and are not released to the Owner until the rental period concludes and no dispute or issue has been reported within the designated post-rental window (usually 48 hours).

7.3 Refundable Damage Deposit

• Standard Deposit: A minimum $500 CAD refundable damage deposit is required for all bookings. This deposit is securely held during the rental period in a Stripe-managed digital wallet.

• Deposit Forfeiture Conditions: The deposit may be fully or partially withheld to cover:

◦ Damage beyond reasonable wear and tear

◦ Theft or unexplained disappearance

◦ Late returns and associated fees

◦ Excessive cleaning requirements

◦ Breaches of rental or platform terms

◦ Deductions under the Protection Plan

If the damage or claim exceeds the deposit amount, you agree to pay the outstanding balance promptly. StompGear reserves the right to charge your stored payment method to recover the difference.

7.4 Stored Payment Authorization

By booking on the Platform, you expressly authorize StompGear Inc. and our payment processor (Stripe) to:

• Securely store your payment method for future transactions

• Automatically charge your stored method for:

◦ Booking balances

◦ Late fees

◦ Deductibles not covered by deposits

◦ Repair or replacement costs

◦ Other financial obligations related to your rental activity

You will be notified by email or SMS of any post-rental charges applied to your account, with details outlining the reason, amount, and date of the charge.

Privacy Assurance: StompGear does not store or access your full credit card data. All payment information is securely encrypted and managed solely by Stripe.

7.5 Chargebacks and Unauthorized Disputes

Initiating a false or unjustified chargeback through your bank or credit card provider is considered a serious violation of these Terms. You agree to:

• Reimburse StompGear for all fees, penalties, or losses resulting from the chargeback

• Allow us to recover funds using your stored payment method or alternative legal means

• Be responsible for any legal or collection costs incurred by StompGear in resolving the chargeback

7.6 Pricing Errors and Corrections

While we strive for accuracy, rental listings may occasionally display incorrect pricing due to human or technical error. If a booking is made under a clearly incorrect price:

• StompGear reserves the right to cancel or revise the booking

• You will be notified promptly and given the option to accept the corrected price or cancel your booking without penalty

8. Cancellation and Refund Policy

Rental cancellation terms are set individually by equipment Owners and are clearly disclosed on each listing page and at the time of checkout. By confirming a booking, Renters explicitly agree to the Owner’s stated cancellation policy.

8.1 StompGear's Right to Cancel or Modify Bookings

StompGear Inc. reserves the sole and exclusive right to cancel, modify, or deny any booking—at any stage—under the following circumstances:

• Evidence or suspicion of fraud, illegal activity, or policy violations

• Misrepresentation or malicious conduct by a User

• Safety concerns or operational issues with listed equipment

• Extraordinary events beyond reasonable control (e.g. natural disasters, wildfires, extreme weather, government restrictions)

• System errors, listing inaccuracies, or pricing malfunctions

If StompGear cancels a booking under this section:

• We will notify both parties promptly

• We may issue a full or partial refund at our discretion

• We may, if appropriate, offer rebooking assistance or rental credits

StompGear’s decision is final and not subject to appeal.

8.2 Renter-Initiated Cancellations

• Each Owner selects their own cancellation policy (e.g., Flexible, Moderate, Strict). These policies are clearly displayed in each listing and again at checkout.

• Renters are responsible for reviewing and accepting the applicable cancellation terms before confirming any booking.

• Refund eligibility is based solely on the Owner's stated policy and the time of cancellation relative to the booking start date.

• Processing and platform service fees are non-refundable, unless StompGear determines otherwise in extraordinary circumstances.

8.3 Owner-Initiated Cancellations

If an Owner cancels a confirmed booking:

• Renters will receive a full refund of all charges, including fees and deposits

• StompGear may apply penalties or restrictions to Owners who cancel repeatedly or without valid cause

• In some cases, StompGear may offer alternative equipment options if available

Owners must provide immediate notice and a valid explanation to both the Renter and StompGear.

8.4 Non-Refundable Situations

Renters will not be eligible for refunds in the following situations:

• Cancellation occurs outside of the permitted window per the listing's policy

• Equipment is returned late or in a different condition than delivered

• Personal circumstances (e.g., bad weather, illness, transportation issues) not covered by Owner’s policy

• Violations of rental terms or unauthorized use

• No-shows or failure to pick up/receive equipment during the rental window

8.5 Dispute Resolution Process

We strongly encourage Users to resolve disputes directly through good-faith communication. Only escalate to StompGear when necessary.

• If disputes arise (e.g., early returns, condition disputes, no-shows, or refunds), both parties must first attempt to resolve the issue privately through the Platform’s messaging system

• If resolution is not achieved, either party may escalate to StompGear within 48 hours of the scheduled return time by submitting a support request with clear documentation

• StompGear reserves the right to investigate the situation and may request photos, messages, receipts, or official reports

StompGear’s determination in dispute matters is final and binding on all parties.

8.6 Refunds and Payment Adjustments

• Approved refunds will be processed via the original payment method within 7–10 business days

• Partial refunds, if applicable, will deduct any non-refundable fees or charges for usage, cleaning, or penalties

• If a dispute or claim is under investigation, payouts to the Owner will be withheld until resolution

8.7 Chargebacks and Payment Disputes

Chargebacks initiated without prior contact or legitimate grounds are considered a violation of these Terms.

• You agree to cooperate fully before initiating any chargeback

• If a chargeback is filed, StompGear reserves the right to:

◦ Suspend your account

◦ Recover disputed funds from your stored payment method

◦ Seek reimbursement through legal or collection means

◦ Charge fees related to processing the dispute

9. StompGear Protection Plans

StompGear Inc. offers two tiers of discretionary protection for rentals conducted through the Platform: the Basic Protection Plan (automatically included) and the Enhanced Protection Plan (optional, additional cost). These plans are not insurance and do not replace Owner or Renter responsibilities.

Coverage under either plan is subject to StompGear’s sole discretion, conditional on user cooperation, and governed by the Protection Plan Agreement accepted at the time of booking.

9.1 Basic Protection Plan (Included Automatically)

The Basic Protection Plan is included with all eligible rentals and provides limited coverage for the following incidents during the rental period:

• Accidental Physical Damage Caused by normal, responsible use—not reckless or prohibited use.

• Theft When clear evidence of theft exists and a valid police report is filed within 24 hours.

• Fire Damage Verified with an official fire report submitted to StompGear within 48 hours.

Deductible: A minimum deductible applies based on item category and value. The damage deposit is applied first, with the renter responsible for any remaining balance.

9.2 Enhanced Protection Plan (Optional)

Available at checkout for an additional fee, the Enhanced Plan offers broader protection and reduced deductibles.

Benefits may include:

• Lower deductibles than the Basic Plan

• Expanded coverage for certain incidents, clearly specified at booking

• Priority claims handling and support

Enhanced Plan terms are outlined in detail at the time of purchase and in the applicable Protection Plan Agreement.

9.3 Exclusions (Apply to Both Plans)

Neither Protection Plan covers:

• Negligence or Abuse (e.g., reckless use, abandoning gear, or ignoring instructions)

• Unexplained Disappearance (without police documentation)

• Weather or Natural Events (flood, avalanche, etc.)

• Third-party Liability (bodily harm, third-party property damage)

• Unauthorized Use (use by someone other than the verified Renter)

• Violation of Rental Terms (e.g., failure to report damage or theft within required timelines)

9.4 Renter Responsibilities

Renters must:

• Use equipment safely and for its intended purpose

• Immediately notify StompGear and the Owner in the event of damage, theft, fire, or accident

• Submit required documents, such as police or fire reports, photos, and incident descriptions

• Cooperate fully with investigations or claims reviews

Failure to comply may result in denied claims, forfeiture of damage deposits, additional charges, or legal action.

9.5 Owner Responsibilities

Owners must:

• Provide safe, legal, and fully functional equipment

• Cooperate in good faith with StompGear and Renters during the claims process

• Submit any supporting documentation for damaged, stolen, or returned items as requested

Protection may be voided for Owners who misrepresent equipment condition or refuse to cooperate.

9.6 Damage Deposit and Claims Handling

• The damage deposit (minimum $500 CAD) is collected at booking and held in escrow

• This deposit is applied first to deductible amounts and damage costs

• If damage exceeds the deposit, Renters will be charged the difference

• If no claim is filed within 24 hours of the return date, the deposit is released automatically

In the event of a claim:

• StompGear will evaluate the situation based on documentation and platform records

• StompGear may reimburse Owners or charge Renters for valid, supported claims

• Decisions are final and may not be appealed unless new verifiable evidence is presented

9.7 Limitation of Liability

The StompGear Protection Plans are not insurance policies, and:

• Do not cover indirect, incidental, or consequential losses

• Are offered solely at StompGear’s discretion and may be amended or withdrawn at any time

• Do not relieve Renters or Owners of their personal or commercial insurance obligations

• Limit StompGear’s total liability to the lesser of the item’s fair market value or actual replacement cost

Users expressly waive all claims against StompGear for denied claims, claim values, or claim decisions made under these Plans.

10. Liability and Indemnification

StompGear Inc. operates exclusively as a neutral technology facilitator, providing an online rental marketplace connecting equipment Owners and Renters. We explicitly disclaim all liability arising directly or indirectly from your use of our Platform or equipment rented through it, including but not limited to:

• Personal Injury, Death, or Property Damage: Any injury, death, loss, theft, or property damage occurring as a result of interactions, equipment usage, or rentals facilitated through the Platform.

• Equipment Malfunctions, Defects, or Misuse: Liability related to equipment performance, safety, condition, quality, accuracy, or fitness for any particular purpose. Owners remain exclusively responsible for equipment listed.

• Actions or Misconduct of Users or Third Parties: Liability arising from negligence, reckless behaviour, illegal activities, fraud, harassment, or any other misconduct by Platform users or any third parties associated with rental transactions.

Indemnification:

By using the Platform, you expressly agree to indemnify, defend, and hold harmless StompGear Inc., its affiliates, directors, officers, employees, contractors, agents, licensors, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses (including reasonable attorney fees and court costs), or demands arising directly or indirectly from:

• Your violation of these Terms and Conditions.

• Your misuse or unauthorized use of the Platform or rented equipment.

• Any disputes, transactions, or interactions between you and any other Platform users or third parties.

• Your violation of applicable laws, regulations, or third-party rights.

Limitation of Liability:

Under no circumstances shall StompGear’s total liability to you exceed the lesser of CAD $100 or the total amount of fees you have paid to StompGear in the twelve (12) months preceding the claim. You expressly acknowledge and accept that this limitation is a reasonable allocation of risk.

11. Prohibited Activities

To protect the integrity of the StompGear Platform and community, all users—whether Renters or Owners—agree not to engage in any of the following prohibited activities, which may result in account suspension, removal from the Platform, forfeiture of funds, or legal action:

11.1 Unlawful or Dangerous Conduct

You may not:

• Violate any applicable local, provincial, federal, or international law or regulation.

• Use rented equipment for illegal, reckless, harmful, or prohibited activities.

• Use equipment for purposes it was not designed or intended for, or without proper skill, experience, or licensing.

• Misuse, neglect, abuse, or operate equipment in a hazardous, unsafe, or unauthorized manner.

11.2 Circumventing the Platform

You may not:

• Arrange or attempt to arrange rentals or payment outside of the Platform (“off-platform transactions”) to avoid fees, protections, or StompGear policies.

• Solicit or encourage others to transact outside of the Platform.

• Use StompGear to advertise or promote third-party services or competing platforms

11.3 Misrepresentation and Fraud

You may not:

• Create a false identity or impersonate another individual or entity.

• Provide false, misleading, or incomplete information in your profile, listings, reviews, or messages.

• List equipment you do not own or do not have the legal right to rent.

• Misstate pricing, availability, condition, or functionality of equipment.

11.4 Harassment and Discrimination

You may not:

• Harass, bully, threaten, defame, or stalk any other user or StompGear staff.

• Discriminate against users based on race, ethnicity, national origin, religion, gender, gender identity, disability, or sexual orientation.

• Post or send content that is obscene, offensive, pornographic, or otherwise inappropriate.

11.5 Platform Integrity and Security

You may not:

• Access or attempt to access non-public areas of the Platform, or override Platform security measures.

• Interfere with the proper working of the Platform or attempt to disrupt servers, networks, or systems connected to the Platform.

• Use bots, scrapers, or automated tools to access, harvest, or manipulate Platform data.

• Introduce viruses, malware, or any code intended to damage or interfere with the Platform or user data.

11.6 Abuse of Dispute and Review Systems

You may not:

• File false or malicious complaints, chargebacks, or claims.

• Manipulate reviews or ratings by leaving misleading feedback, coordinating fake reviews, or retaliating against users.

• Abuse the Protection Plan or dispute resolution process in bad faith.

11.7 Enforcement

StompGear reserves the right, at its sole discretion, to:

• Investigate violations of this section;

• Suspend or terminate accounts without notice for prohibited conduct;

• Withhold payments or deposits in the event of violations or investigations;

• Report unlawful behaviour to appropriate authorities.

Users agree to cooperate fully with investigations and to provide supporting documentation upon request.

12. Intellectual Property Rights

12.1 Ownership of Platform Content

All content, trademarks, logos, service marks, software, graphics, photos, designs, audio, video, and text available through the StompGear Platform (collectively, “Platform Content”) are the sole property of StompGear Inc., its licensors, or authorized third parties.

You agree that:

• You obtain no ownership rights or licenses to any Platform Content through your use of the Platform.

• You may not use, copy, modify, distribute, publish, display, sublicense, or exploit any Platform Content without StompGear’s prior written consent.

• All rights not expressly granted are reserved by StompGear Inc.

12.2 User-Generated Content

You may post or upload content to the Platform, such as equipment listings, reviews, comments, photos, and communications (“User Content”). By doing so, you grant StompGear a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to:

• Use, display, reproduce, adapt, publish, translate, distribute, and otherwise exploit your User Content in connection with operating, marketing, or improving the Platform and Services.

• Feature your listings, photos, and reviews in social media, newsletters, promotional materials, or third-party marketing.

You retain ownership of your User Content, subject to this license.

12.3 Responsibility for User Content

By submitting User Content, you warrant that:

• You own or have all necessary rights and permissions to grant the above license;

• Your content does not infringe any third-party intellectual property, privacy, publicity, or other legal rights;

• Your content is not defamatory, offensive, or unlawful.

You agree to indemnify and hold harmless StompGear Inc. for any claims arising out of your User Content, including claims of intellectual property infringement or reputational harm.

12.4 Copyright Infringement and DMCA Notice

If you believe any content on the Platform infringes your copyright, you may submit a notice to our Designated Agent with the following details:

1. A physical or electronic signature of the copyright owner (or authorized agent);

2. A description of the copyrighted work claimed to be infringed;

3. The URL or location of the allegedly infringing content;

4. Your contact details (name, address, email, phone);

5. A statement of good-faith belief that use is unauthorized; and

6. A statement, under penalty of perjury, that your notice is accurate and you are authorized to act.

Submit notices to: Email: [email protected] Subject: DMCA Notice – Copyright Infringement Mail: StompGear Inc., PO Box 205, Kimberley, BC, V1A 2Y6

13. Governing Law & Jurisdiction

These Terms and Conditions and any disputes, claims, or legal actions arising from your use of the StompGear Platform or related transactions shall be governed exclusively by the laws of the Province of British Columbia, Canada, without regard to conflict-of-law principles.

• Exclusive Jurisdiction: You expressly agree that any legal claims or disputes arising from your use of StompGear shall be exclusively resolved in the courts located within the Province of British Columbia, Canada. You irrevocably consent and submit to the personal jurisdiction of these courts.

• Waiver of Class Actions: You explicitly agree to pursue claims against StompGear only on an individual basis. You waive the right to participate in class actions, class arbitrations, representative proceedings, or consolidated claims involving other users.

14. Account Suspension & Termination

14.1 Suspension or Termination by StompGear

StompGear Inc. may, at its sole discretion and without prior notice, suspend, restrict, or permanently terminate your account or access to the Platform under any of the following circumstances:

• Violation of Terms: You breach any provision of these Terms and Conditions, the Protection Plan Agreement, or any other applicable policies.

• Fraud or Illegal Activity: You engage in unlawful, fraudulent, harassing, or abusive conduct.

• Risk to Platform Integrity: Your actions are deemed to pose a risk to the safety, security, or reputation of the Platform or its users.

• Non-Cooperation: You fail to cooperate in good faith with any investigation, dispute resolution, claims process, or user complaint initiated by StompGear.

• Chargebacks or Payment Failures: You engage in unjustified chargebacks, payment reversals, or fail to satisfy outstanding balances.

Such termination may result in the forfeiture of any bookings, protection coverage, or access to stored content associated with your account.

14.2 Termination by the User

You may terminate your account at any time by submitting a written request to [email protected]. Upon account closure:

• Your access to the Platform and all services will cease immediately.

• You remain financially responsible for all outstanding obligations and transactions that occurred prior to termination.

• You forfeit any promotional credits or offers not redeemed before closure.

14.3 Consequences of Termination

• Whether initiated by you or by StompGear, termination of your account does not absolve you of any financial, legal, or contractual obligations incurred prior to the date of termination.

The following sections shall survive account termination: Payments & Fees, Deposits, Protection Plan obligations, Indemnification, Limitation of Liability, Intellectual Property, Dispute Resolution, and Governing Law.

15. Updates and Modifications to Terms

15.1 Right to Modify

StompGear Inc. reserves the right to modify, revise, or update these Terms and Conditions—including all related policies such as the Privacy Policy and Protection Plan Agreement—at any time, at our sole discretion. Modifications may be made for reasons including but not limited to:

• Reflecting changes in applicable laws or regulations

• Improving user experience or service functionality

• Adapting to operational, financial, or technical developments

• Addressing abuse, fraud, or misuse of the Platform

15.2 Notice of Changes

We will provide notice of material updates by one or more of the following means:

• Updating the “Effective Date” at the top of this document

• Posting an alert or notice on the Platform

• Emailing the updated Terms or a summary of key changes to registered users

While we will make reasonable efforts to communicate significant changes, it is your responsibility to regularly review the Terms.

15.3 Acceptance of Revisions

By continuing to access or use the Platform after any revised Terms are posted, you are agreeing to be legally bound by the updated version. If you do not agree to the revised Terms, your sole remedy is to discontinue use of the Platform and terminate your account as outlined in Section 14.

16. Contact Information

If you have any questions, concerns, complaints, or legal inquiries regarding these Terms and Conditions, our policies, the Platform, or your interactions with StompGear Inc., please reach out to us through the following official contact channels:

StompGear Inc. PO Box 205 Kimberley, British Columbia V1A 2Y6 Canada

Email: [email protected] Phone: (800) 820-8210 Website: www.gostompgear.com

All written correspondence, including legal notices or claims, must be sent to the mailing address above unless otherwise stated in a specific section of these Terms or an authorized legal notice.