Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Retailpeer, Inc. ("Retailpeer," "we," "us," or "our") governing your access to and use of the Retailpeer platform, including our website, mobile applications, and related services (collectively, the "Platform").

By creating an account, accessing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as our Privacy Policy and Community Guidelines, which are incorporated herein by reference.

We reserve the right to modify these Terms at any time. We will notify you of material changes via email or through the Platform. Your continued use of the Platform after such modifications constitutes your acceptance of the updated Terms.

2. Eligibility

To use the Platform, you must:

• Be at least 18 years of age or the age of majority in your jurisdiction
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using the Platform under applicable laws
• Provide accurate, current, and complete information during registration
• Maintain the security and confidentiality of your account credentials

By using the Platform, you represent and warrant that you meet all eligibility requirements. We reserve the right to refuse service, terminate accounts, or cancel bookings at our sole discretion.

3. Platform Overview

Retailpeer operates as an online marketplace that connects retail space hosts ("Hosts") with individuals or businesses seeking to rent retail spaces ("Guests"). The Platform facilitates:

• Listing and discovery of available retail spaces
• Communication between Hosts and Guests
• Booking requests and confirmations
• Secure payment processing
• Review and rating systems

Important: Important: Retailpeer is a platform provider only. We do not own, control, offer, manage, or provide any retail spaces. We are not a party to the rental agreements between Hosts and Guests. Hosts are solely responsible for their spaces and the rental experience they provide.

4. Account Registration and Security

4.1 Account Creation

To access certain features of the Platform, you must create an account. You agree to:

• Provide accurate, truthful, and complete information
• Maintain and promptly update your account information
• Not create multiple accounts or share your account with others
• Not create an account if we have previously terminated your account

4.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use a strong, unique password
• Immediately notify us of any unauthorized use of your account
• Not allow others to access your account
• Log out from your account at the end of each session

4.3 Identity Verification

We may require you to complete identity verification procedures, including providing government-issued identification, to access certain Platform features. Failure to complete verification may result in limitations on your account or inability to complete bookings.

5. Host Terms

5.1 Listing Requirements

As a Host, you represent and warrant that:

• You have all necessary rights, permissions, and authority to list and rent the space
• Your listing complies with all applicable laws, regulations, and zoning requirements
• All information, photos, and descriptions in your listing are accurate and current
• You will honor all confirmed bookings unless extraordinary circumstances arise
• You have obtained all necessary permits, licenses, and insurance coverage

5.2 Host Responsibilities

Hosts agree to:

• Respond to booking requests within 24 hours
• Provide spaces that are clean, safe, and as described in the listing
• Provide Guests with accurate access instructions and necessary amenities
• Comply with all applicable laws, including anti-discrimination laws
• Maintain appropriate insurance coverage for your space
• Not discriminate against Guests based on protected characteristics

5.3 Pricing and Availability

Hosts have sole discretion to set prices for their spaces. However, once a booking is confirmed, Hosts may not charge additional fees beyond those disclosed in the listing. Hosts must keep their calendar updated to reflect accurate availability.

5.4 Cancellations by Hosts

Host-initiated cancellations negatively impact the Guest experience and platform trust. Hosts who cancel confirmed bookings without valid reasons may face penalties, including account restrictions, listing suspensions, or account termination. Valid reasons for cancellation include emergencies, safety concerns, or force majeure events.

6. Guest Terms

6.1 Booking Process

When requesting a booking, Guests agree to:

• Provide accurate information about their business and intended use of the space
• Review and comply with all listing rules and requirements
• Communicate honestly with Hosts about their needs and expectations
• Complete payment promptly upon booking confirmation

6.2 Guest Responsibilities

During the rental period, Guests agree to:

• Use the space only for the purposes described in the booking request
• Comply with all Host rules, local laws, and regulations
• Leave the space in the same condition as found, normal wear and tear excepted
• Report any damage or issues to the Host immediately
• Respect the property and neighboring businesses
• Not sublease or transfer the booking to another party
• Obtain all necessary permits and licenses for their business activities

6.3 Guest Conduct

Guests must conduct themselves professionally and respectfully. Prohibited activities include, but are not limited to: illegal activities, dangerous or disruptive behavior, exceeding occupancy limits, smoking in non-smoking spaces, and violating Host rules.

7. Booking and Payments

7.1 Booking Process

Bookings are confirmed only when:

• A Guest submits a booking request
• The Host approves the request
• Payment is successfully processed

A confirmed booking creates a binding contractual relationship between the Host and Guest, subject to these Terms and the listing's specific cancellation policy.

7.2 Payment Terms

Guests agree to pay:

• The rental fee as specified in the listing
• Any applicable cleaning fees, add-on charges, or other disclosed fees
• Retailpeer's service fee (calculated as a percentage of the subtotal)
• Any applicable taxes

Payment is collected when the Host approves the booking. We use third-party payment processors and do not store complete credit card information.

7.3a Standard Host Payouts

Hosts receive payment after the booking is completed, typically within 3-5 business days. Retailpeer deducts a service fee from Host payouts to cover platform operations, payment processing, customer support, and technology infrastructure. A booking is considered 'completed' once the scheduled rental period has ended and no unresolved disputes, damage reports, or compliance issues remain.

7.3b Extended Host Payouts (Bookings Exceeding 30 Days)

For bookings with a rental period exceeding thirty (30) consecutive days ("Extended Bookings"), Retailpeer collects the total booking amount upfront from the Guest at the time of booking confirmation.

Host payouts for Extended Bookings are issued on a recurring, periodic basis as the rental period progresses, rather than in a single lump sum. Payouts are typically released monthly, within 3–5 business days after the completion of each applicable billing period, provided the booking remains in good standing.

Each billing period is considered completed once the corresponding rental period has ended and no unresolved disputes, damage reports, or compliance issues exist for that period. Retailpeer deducts applicable service fees from each payout prior to disbursement.

The final payout for an Extended Booking is issued within 3–5 business days after the booking is completed, following the conclusion of the final billing period and subject to resolution of any outstanding issues.

Retailpeer reserves the right to withhold, delay, or adjust payouts for Extended Bookings in the event of reported disputes, policy violations, early termination, or other issues requiring review under these Terms.

7.4 Service Fees

Retailpeer charges service fees to both Guests and Hosts:

• Guest Service Fee: Added to the booking total at checkout
• Host Service Fee: Deducted from Host payouts

Fee amounts are displayed before booking confirmation and may vary based on booking value, duration, and other factors. We reserve the right to modify fee structures with advance notice.

7.5 Taxes

Hosts are responsible for determining and fulfilling their tax obligations. Guests may be required to pay applicable taxes, which will be clearly displayed during checkout. Retailpeer may collect and remit taxes on behalf of Hosts where required by law.

8. Cancellations and Refunds

8.1 Guest Cancellations

Cancellation policies are set by individual Hosts and disclosed in each listing. Common policies include:

• Flexible: Full refund if cancelled 24 hours before the booking start date
• Moderate: Full refund if cancelled 5 days before the booking start date
• Strict: 50% refund if cancelled 7 days before; no refund after that

Service fees may be refunded or retained based on the cancellation timing and policy.

8.2 Host Cancellations

If a Host cancels a confirmed booking, the Guest receives a full refund, including all fees. The Host may face penalties including listing suspension, account restrictions, or cancellation fees.

8.3 Force Majeure

Neither party shall be liable for failure to perform obligations due to circumstances beyond their reasonable control, including natural disasters, government actions, pandemics, or other force majeure events. In such cases, we will work with both parties to find a fair resolution.

9. Reviews and Ratings

After a completed booking, both Hosts and Guests may leave reviews. By submitting a review, you grant Retailpeer a perpetual, worldwide, royalty-free license to use, display, and distribute your review.

Reviews must:

• Be based on your genuine experience
• Not contain offensive, defamatory, or discriminatory content
• Not include personal information or external contact details
• Comply with our Content Policy and Community Guidelines

We reserve the right to remove reviews that violate these Terms. Reviews cannot be edited after submission to maintain authenticity and trust.

10. Prohibited Activities

You may not:

• Use the Platform for any illegal purpose or in violation of any laws
• Discriminate against others based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other protected characteristic
• Post false, misleading, fraudulent, or deceptive content
• Infringe on intellectual property rights of others
• Attempt to circumvent or manipulate our fee structure
• Share contact information to complete transactions outside the Platform
• Scrape, copy, or duplicate Platform content without authorization
• Use automated tools, bots, or scripts to access the Platform
• Interfere with or disrupt the Platform's functionality
• Create multiple accounts or impersonate others
• Harass, threaten, or abuse other users
• Use the Platform to distribute spam or malicious software

11. Intellectual Property Rights

11.1 Retailpeer Content

The Platform and all content, features, and functionality, including but not limited to text, graphics, logos, images, software, and design, are owned by Retailpeer or our licensors and are protected by copyright, trademark, and other intellectual property laws.

11.2 User Content

By posting content on the Platform (including listings, photos, reviews, and messages), you grant Retailpeer a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, display, and perform your content in connection with operating and promoting the Platform.

You represent and warrant that you own or have the necessary rights to all content you post and that your content does not violate any third-party rights or applicable laws.

12. Liability and Insurance

12.1 Host Liability

Hosts are solely responsible for their spaces and any injuries, damages, or losses that occur in connection with their listings. Hosts should maintain adequate insurance coverage, including general liability insurance, and comply with all applicable laws and regulations.

12.2 Guest Insurance

Guests are responsible for obtaining appropriate insurance coverage for their business activities, products, and operations conducted in rented spaces. This may include general liability insurance, product liability insurance, and other relevant coverage.

12.3 Damage and Loss

Guests are responsible for any damage to the Host's property beyond normal wear and tear. Hosts must report damage within 48 hours after checkout. We may facilitate resolution of damage claims but are not responsible for compensation or enforcement of claims.

13. Disclaimers and Limitations of Liability

13.1 Platform Disclaimer

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Retailpeer does not warrant that:

• The Platform will be uninterrupted, secure, or error-free
• The quality of any spaces, products, services, or information will meet your expectations
• Any errors or defects will be corrected
• The Platform is free of viruses or other harmful components

13.2 Third-Party Content

We do not endorse, verify, or guarantee the accuracy, reliability, or quality of user-generated content, listings, or information provided by Hosts and Guests. You rely on such content at your own risk.

13.3 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, RETAILPEER, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• Your access to or use of (or inability to access or use) the Platform
• The conduct or content of other users or third parties
• Unauthorized access to or alteration of your content
• Any bookings, rentals, or interactions with other users

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

13.4 Indemnification

You agree to indemnify, defend, and hold harmless Retailpeer, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorney fees, arising out of or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) your conduct in connection with the Platform.

14. Dispute Resolution

14.1 Host-Guest Disputes

Disputes between Hosts and Guests should first be resolved directly between the parties. We encourage communication and good faith efforts to reach a mutual resolution. Retailpeer may provide support and facilitate resolution but is not obligated to do so.

14.2 Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform shall be resolved through binding arbitration, except that either party may seek injunctive or other equitable relief in court to prevent infringement of intellectual property rights.

Arbitration will be conducted by a single arbitrator under the rules of the American Arbitration Association. The arbitration will take place in [Your State/Country], and judgment on the award may be entered in any court having jurisdiction.

14.3 Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the dispute between you and Retailpeer individually. You waive any right to pursue claims on a class action, consolidated, or representative basis.

15. Termination

We may suspend or terminate your account and access to the Platform at any time, with or without cause or notice, including if:

• You violate these Terms or our policies
• You engage in fraudulent, illegal, or harmful activities
• Your account has been inactive for an extended period
• We believe termination is necessary to protect the Platform or other users

You may terminate your account at any time by contacting customer support. Upon termination:

• Your access to the Platform will cease immediately
• All licenses granted to you will terminate
• You remain responsible for any outstanding obligations
• Sections of these Terms that by their nature should survive will continue to apply

16. Privacy and Data Protection

Your privacy is important to us. Our Privacy Policy explains how we collect, use, share, and protect your personal information. By using the Platform, you consent to our collection and use of your information as described in the Privacy Policy.

We comply with applicable data protection laws, including the General Data Protection Regulation (GDPR) for users in the European Union and the California Consumer Privacy Act (CCPA) for California residents.

17. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of [Your State/Country], without regard to its conflict of law provisions.

Subject to the arbitration provisions above, you agree to submit to the exclusive jurisdiction of the courts located in [Your City, State] for the resolution of any disputes.

18. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified via:

• Email notification to your registered email address
• Prominent notice on the Platform
• In-app notifications

Your continued use of the Platform after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the modified Terms, you must stop using the Platform.

19. General Provisions

19.1 Entire Agreement

These Terms, together with our Privacy Policy and Community Guidelines, constitute the entire agreement between you and Retailpeer regarding the Platform and supersede all prior agreements and understandings.

19.2 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

19.3 Waiver

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

19.4 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

19.5 Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms due to causes beyond their reasonable control, including acts of God, war, terrorism, pandemics, natural disasters, or government actions.

19.6 Survival

Provisions that by their nature should survive termination shall survive, including but not limited to disclaimers, limitations of liability, indemnification, and dispute resolution provisions.

20. Contact Information

If you have questions about these Terms or need to contact us regarding your account or a dispute, please reach out: