Effective Date: April 30, 2025

Nearville Terms of Service

Welcome to Nearville! These Terms of Service (“Terms”) govern Users’ (“you” or “your”) access and use of the website (“Site”) and mobile applications (“App”) (collectively, the “Service” or “Services”), operated by Nearville Inc. (“Nearville,” “we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

Our use and collection of the personal information you provide in connection with the Services is governed by our Privacy Policy. 

1. Our Services

Nearville’s App enables individuals (“Users”) to take part in our services, including to rent household items (e.g. tools, kitchen appliances, sporting equipment, toys, etc.) (an “Item”) to those in their local community (each a “Rental Transaction”). Our services may expand to include other activities.  Users with Items to rent to others (“Owners”) can create a listing with a product and quality description, pictures, and rental price. Users specify the mile radius for any given listing so that only other users within that radius may see the listing. Users wanting to rent a given Item (“Renters”) can schedule a rental for that Item beginning on a specified day and duration. Once the Owner and Renter agree to a schedule pick up time and location, the Owner and Renter enter into a binding Rental Transaction. Each party agrees to comply with the terms of the Rental Transaction Agreement during the course of the rental. Nearville is not a party to any Rental Transaction Agreement. 

2. License

Subject to your compliance with these Terms, Nearville grants you a limited, non-exclusive, non-transferable and revocable license to (a) access and use the Services, (b) download, access and use the App on your personal device, solely in furtherance of your use of the Services, and (c) access and view any content, information and materials made available on the Service, in all cases for your personal use and the intended purpose of the App. Users may not copy, download, use, redesign, reconfigure, reverse engineer or retransmit the Services or anything therefrom or thereon (in whole or in part) without Nearville’s prior written consent. Any rights not granted by Nearville expressly reserved.

3. Account Registration, Use, and Address Validation.

Users must provide accurate information during registration, including your name, address, and profile picture. You are responsible for maintaining the confidentiality of your login credentials. Each user is strictly permitted to maintain only one account on Nearville.

Nearville’s App is intended for members of a given city or community to transact with each other. To that end, Nearville takes steps to verify that you live at the address provided during registration. Such steps include, but are not limited to, requiring you to submit proof of residency (such as utility bill or driver’s license). 

4. Listing and Renting Items

Owners may list household items for rent, provided they are not prohibited under these Terms or our Community Guidelines. Listings must include accurate and up-to-date descriptions, clear photos, rental pricing, and item availability. By listing an item, Owners represent and warrant that all information provided is truthful, not misleading, and that the item is in good working condition and safe for its intended use.

Rented items will be viewable to other users within the geographic radius set by the Owner. Renters agree to use rented items solely for their own personal or household purposes and not for any commercial, unlawful, or hazardous activities. Renters are strictly prohibited from subleasing, lending, transferring, or otherwise making any rented item available to any third party. Any such unauthorized transfer or use will constitute a material breach of these Terms and may result in immediate account suspension or termination.

5. Fees, Payments and Cancellations

Nearville uses Stripe to process payments. By using the Platform, you also agree to Stripe's terms of service.

When a Renter submits a rental request, payment information is collected but not charged until the Owner accepts the request. Upon acceptance, Stripe processes the payment and Nearville collects services fees equal to fifteen percent (15%) of the rental amount from the Renter and another fifteen percent (15%) from the Owner (the "Service Fee").

Both Renters and Owners may cancel a rental request at any time before the Owner accepts it, in which case no fees are charged. Once a rental request has been accepted, cancellations by either party will result in the Service Fee being applied, along with any applicable Stripe processing fees. These fees are non-refundable and will be borne by the cancelling party. Cancellations made within 24 hours of the scheduled pickup time may be subject to an additional cancellation fee.

6. Reviews and Feedback

Users may leave reviews and ratings after completing a Rental Transaction. Reviews must be honest, respectful, and based on actual experiences. Nearville does not edit or censor user reviews, but we reserve the right to remove reviews that violate our Community Guidelines, including those that are false, defamatory, discriminatory, or otherwise inappropriate.

By submitting reviews or other feedback to Nearville, you grant Nearville a non-exclusive, royalty-free, perpetual, and worldwide license to use, reproduce, modify, and display such content in connection with the operation and promotion of the Services. You acknowledge that any feedback you submit is non-confidential and may be used without compensation to you.

7. Eligibility

You must be at least 18 years old to use Nearville. The Service is not directed to minors under 18 years old and we do not knowingly collect information from children under the age of 13.

8. Prohibited Items 

It is a violation of these Terms to list the following items on the Nearville App:

• Alcohol or tobacco 

• Illegal items (e.g., drugs, firearms, stolen goods)

• Adult content 

• Counterfeit goods 

• Animal rentals or sales

• Misleading, discriminatory, abusive, or fraudulent listings or conduct

• Any products or services that violate intellectual property laws, animal protection laws, or local licensing requirements

  
  

It is also a violation of our Terms to create a listing in order to promote a business or other commercial enterprise. Nearville may remove listings or suspend accounts that violate these rules.

9. Reporting and Enforcement

Users can report listings or behavior that violates our Terms. Reports are private and will be reviewed by our support team. We reserve the right to remove listings or ban users at our discretion.

10. User Representations and Warranties 

By using the Service, you represent and warrant that:

• You are at least 18 years of age;

• You have the legal capacity to enter into these Terms;

• All registration and listing information you provide is true, accurate, and complete;

• You will use the Service in compliance with all applicable laws and regulations.

  
  

11. Owner Representations and Warranties 

If you list an item as an Owner on Nearville, you represent, warrant, and covenant that you are the sole lawful owner of the listed item, or otherwise have full legal rights and authority to rent the item to others, and that the item is free of any liens, encumbrances, or restrictions. You affirm that the item is not counterfeit, stolen, recalled, prohibited, or otherwise restricted from public circulation, and that its use and rental do not violate any applicable local, state, or federal laws or third-party rights. You confirm the item is in good working condition, has been properly maintained, and meets all applicable safety, performance, or quality standards. You further warrant that the description, images, availability, and pricing in your listing are accurate, current, and not misleading in any way.

You agree to make the item available for pickup or delivery in accordance with the agreed rental terms, and not to unreasonably delay, cancel, or withhold an item once a rental has been accepted. You will maintain and update your listings to ensure continued accuracy and transparency. You commit to communicating clearly, respectfully, and promptly with renters through the Nearville Service. You acknowledge that items listed must not pose a health or safety risk to users unless such risk is explicitly disclosed and the item is compliant with relevant safety regulations.

You agree to comply fully with Nearville's prohibited items and content policies, and will not attempt to circumvent Nearville’s payment system or engage in side transactions. Lastly, you represent that you will comply with all applicable laws, ordinances, regulations, tax obligations, and third-party agreements, including those related to product safety, consumer protection, and rental activities within your jurisdiction.

12. Termination

We reserve the right to suspend or terminate accounts for repeated cancellations, fraudulent behavior, or violations of these Terms or our Community Guidelines.

13. Disclaimer of Warranties

NEARVILLE PROVIDES THE SERVICES “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. NEARVILLE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED.

14. Limitation of Liability

Nearville offers a platform for users to connect and rent items. We do not guarantee the condition, safety, or legality of items listed. Use of the Services is at your own risk. Users hereby acknowledge that Nearville does not have any control over the quality, suitability, availability, or safety of the items rented through the Services. The formation of any agreement between users will not, under any circumstances, create any responsibility or liability for Nearville. Users do not have authority to, and may not act as agent for, nor bind or make any representations on behalf of Nearville.

15. Indemnification 

You agree to defend, indemnify, and hold harmless Nearville and its officers, directors, employees, contractors, agents, licensors, affiliates, successors, and assigns from and against any and all claims, demands, liabilities, damages, losses, judgments, awards, costs, expenses, or fees (including reasonable attorneys’ fees and court costs) arising out of or relating to (a) your use of or access to the Services; (b) your violation of these Terms or any applicable law or regulation; (c) your listings or rental of any items through the Services, including claims related to property damage, personal injury, or product liability; (d) your interaction with any other user of the Services; (e) any misrepresentation or breach of warranty made by you; or (f) your violation of any rights of another, including but not limited to intellectual property rights, privacy rights, or contractual rights.

This indemnification obligation shall survive the termination or expiration of these Terms and your use of the Services.

16. Notices and Consent to Receive Electronic Communications 

By creating an account on Nearville or using the Services you consent to receive communications from us electronically, including but not limited to legal notices, service announcements, updates, promotional content, and transaction-related messages. These communications may be sent via email, in-app notifications, or by posting notices on the Services. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

You may withdraw your consent to receive electronic communications at any time by contacting us at support@nearville.com, though doing so may affect your ability to use certain features of the Services. It is your responsibility to maintain an up-to-date email address on file with us to ensure you receive all necessary communications.

17. Governing Law

These Terms and any dispute arising out of or related to them or the use of the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to conflict of law principles. You agree that any legal suit, action, or proceeding arising out of or related to these Terms or the Services shall be instituted in the federal or state courts located in Irvine, California.

18. Informal Dispute Resolution 

Before initiating any arbitration or legal proceeding, you agree to first attempt to resolve any dispute related to these Terms or the Services informally by contacting Nearville at support@nearville.com and providing a brief, written description of the dispute. We will attempt to resolve the dispute through good-faith discussions within thirty (30) days of receiving your notice. If we are unable to resolve the dispute informally, either party may proceed with arbitration as set forth below.

19. Formal Dispute Resolution – Arbitration

You and Nearville agree to resolve any disputes through final and binding arbitration, except as set forth below. This agreement to arbitrate is intended to be broadly interpreted and will apply to all claims arising out of or relating to these Terms, your use of the Services, any item Rental Transaction, or your relationship with Nearville. The arbitration will be conducted by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms. Arbitration shall take place in Irvine, California, unless you and Nearville agree otherwise.

You and Nearville waive the right to a jury trial and to participate in class actions or class-wide arbitrations. Each party may bring claims only in their individual capacity and not as a plaintiff or class member in any purported class or representative proceeding. If any part of the arbitration agreement is found to be unenforceable or invalid under applicable law, that specific portion shall be severed and the remainder of the arbitration agreement shall remain in full force and effect. If the severance of any term would cause the entire arbitration provision to be unenforceable, then the entire arbitration agreement shall be null and void, and the parties agree that any unresolved dispute that would have been subject to arbitration shall be brought exclusively in a court of competent jurisdiction as set forth in the Governing Law section above.

Notwithstanding the above, either party may bring an individual action in small claims court if the claim qualifies. 

20. Changes to Terms

We may update these Terms from time to time. Continued use of the Services after such changes means you accept the new Terms.

21. Contact Us

For questions about these Terms, please contact us at support@nearville.com.