Terms of Service | Gear Wave

1. Acceptance of Terms

By accessing or using the Gear Wave platform, website, mobile application, or services, users agree to comply with and be bound by these Terms of Service.

2. Platform Overview

Gear Wave operates as a peer-to-peer marketplace platform connecting recreational equipment owners with renters. Gear Wave does not own, maintain, inspect, or directly operate listed equipment unless explicitly stated otherwise.

2a. Geographic Availability & Phased Launch

Account creation, browsing, favoriting gear, and joining state-launch notification lists are open to all U.S. residents. However, publishing listings and creating bookings are only available in states where Gear Wave has an attorney-approved rental waiver in effect for that state. Users in states without an active waiver may sign up and browse but will be unable to list gear or complete bookings until that state is launched. The set of live states is maintained by Gear Wave and may expand over time; users will be notified when their state becomes available.

3. Eligibility

Users must:

Be at least 18 years old
Provide accurate account information
Maintain valid payment methods
Comply with all applicable laws and regulations

4. User Responsibilities

Users agree to:

Use the platform lawfully and responsibly
Provide accurate listing and booking information
Respect equipment owners and renters
Pick up and return rented equipment within the pickup and return time window stated on the booking, subject to the grace period and late-fee schedule in Section 8a
Follow all safety instructions and local laws
Maintain account security by using a strong, unique password (Gear Wave rejects passwords known to appear in public breach corpora via a Have I Been Pwned check) and by enabling two-factor authentication on the email account associated with their Gear Wave account
Access the platform only from devices on which full-disk encryption is enabled, and only over wireless networks secured with WPA2 or WPA3 authentication and encryption when handling non-public information

5. Owner Responsibilities

Equipment owners agree to:

Provide accurate descriptions and photos
Disclose known defects or safety concerns
Maintain equipment in safe operating condition
Honor confirmed bookings

6. Renter Responsibilities

Renters agree to:

Use equipment safely and responsibly
Operate equipment only for intended purposes
Avoid reckless or unlawful activity
Return equipment in substantially the same condition received

7. Prohibited Conduct

Users may not:

Provide false or misleading information
Engage in fraud or chargeback abuse
Use equipment while impaired by drugs or alcohol
Harass, threaten, or abuse other users
Circumvent platform payments
List stolen, illegal, unsafe, or prohibited equipment
Attempt unauthorized access to platform systems

7a. No Scraping, Crawling, or Automated Access

Users and visitors may not, and may not permit any third party to:

Use any robot, spider, scraper, crawler, headless browser, or other automated means to access, index, copy, harvest, or monitor any portion of the platform, including listings, photos, descriptions, pricing, availability, reviews, owner or renter profiles, or any user-generated content
Bypass, disable, or circumvent any technical measures used to restrict access, including rate limits, CAPTCHAs, robots.txt directives, IP blocks, or authentication
Aggregate, republish, mirror, syndicate, or make available platform data (in whole or in part) on any other website, application, dataset, AI training corpus, or commercial product
Use platform data to train, fine-tune, evaluate, or otherwise develop any machine learning model, large language model, embedding, or other AI system
Access the platform through any interface other than the official Gear Wave website and mobile application provided to end users

7b. No Reverse Engineering

Users may not, and may not permit any third party to, reverse engineer, decompile, disassemble, decrypt, or otherwise attempt to derive the source code, algorithms, pricing logic, ranking signals, risk models, fee structures, or trade secrets of the platform or any of its components, except to the limited extent this restriction is prohibited by applicable law.

7c. No Competitive Use

Users may not access or use the platform, the Services, or any data obtained from them to:

Build, develop, train, market, or operate any product or service that competes with Gear Wave, including any peer-to-peer rental marketplace for recreational, outdoor, sporting, marine, or similar equipment
Solicit Gear Wave owners or renters to transact off-platform or on a competing platform
Benchmark, copy, or replicate Gear Wave's user interface, user flows, fee structure, listing taxonomy, scoring systems, or proprietary product designs
Compile, derive, or distribute any list of Gear Wave owners, renters, listings, or pricing for commercial purposes

7d. Confidentiality of Non-Public Information

Any non-public information a user obtains about the platform — including internal metrics, gross merchandise value, take-rate calculations, conversion data, owner earnings data, partner payout math, fraud signals, internal pricing tools, or product roadmaps — is the confidential information and trade secret of Gear Wave. Users must not disclose, publish, share, or use such information for any purpose other than their personal use of the platform.

7e. Enforcement & Remedies

Violations of Sections 7a–7d may result in immediate account suspension or termination, forfeiture of pending payouts, removal of listings, IP and device bans, civil action for damages and injunctive relief, and referral to law enforcement under the Computer Fraud and Abuse Act and analogous state laws. Users acknowledge that monetary damages alone would be inadequate for breaches of these sections and that Gear Wave is entitled to seek equitable relief without posting bond.

8. Payments & Deposits

All payments must be processed through the Gear Wave platform. Security deposits may be temporarily authorized to cover damages, theft, cleaning, late returns, or policy violations. Authorized deposit holds may be captured in whole or in part to satisfy late fees, non-return fees, or other charges owed under these Terms.

8a. Pickup, Return, Grace Period & Late Fees

Every booking is created with a specific pickup time and return time. By default, pickup is scheduled for 10:00 AM local time and return for 7:00 PM local time on the booking's end date; owners may set different defaults per listing and renters and owners may agree to different times at checkout. The pickup and return times appear on the booking, in confirmation emails, and on the signed rental agreement, and are the operative deadlines for owner-protection enforcement.

Grace period. Renters have a 30-minute grace period after the scheduled return time during which no late fee is assessed. Owners may extend, but not shorten, the grace period for their own listings.
Hourly late fee. After the grace period, an hourly late fee accrues at the rate disclosed at checkout (default $15.00 per hour, prorated to the nearest hour, owner-configurable per listing) for up to four (4) hours.
Full-day conversion. If the equipment is still not returned more than four (4) hours after the scheduled return time, the late fee converts to a full additional rental day at the listing's daily rate, plus any applicable platform fees and taxes, in lieu of the accrued hourly fees. Each additional 24-hour period the equipment remains overdue adds an additional rental day.
Non-return threshold. If the equipment is not returned within twenty-four (24) hours after the scheduled return time (or such longer period as the owner has set on the listing), Gear Wave may flag the booking as a non-return event, open a dispute on the owner's behalf, freeze the renter's account, place a hold on the renter's payment method up to the lesser of the equipment's declared replacement value or the maximum authorization permitted by the payment network, and refer the matter to law enforcement where appropriate.
Automatic charging. Late fees, full-day conversion charges, and non-return charges may be charged automatically against the renter's payment method on file and against any authorized security deposit hold, without further notice beyond the disclosures in these Terms and at checkout. Renters expressly authorize such charges as a condition of booking.
Owner payout hold. While a booking is in an overdue or non-return state, owner payouts for that booking are held until the return is reconciled. Once the return is marked complete and any late or damage charges are processed, payouts resume on the standard schedule.
Renter disclosures. The full pickup/return schedule, grace period, hourly late-fee rate, full-day conversion threshold, and non-return threshold for each booking are displayed to the renter on the listing detail page, on the checkout page, on the booking confirmation, and within the booking detail in the renter's account, before payment is captured.
Force majeure and good-faith delays. Gear Wave may, in its sole discretion, waive or reduce late fees for documented emergencies, weather events, mechanical failures attributable to the equipment, or other good-faith reasons. Waiver in any one instance is not a waiver of Gear Wave's right to enforce late fees in any other instance.

9. Damage, Late Returns & Disputes

Users may be financially responsible for damages, theft, excessive wear, missing items, late returns, non-returns, or policy violations. Gear Wave reserves the right to investigate disputes, charge the renter's payment method and authorized deposit for amounts owed under Section 8a and the rental agreement, hold owner payouts during the dispute, and make final platform determinations.

10. Assumption of Risk

Outdoor recreational activities involve inherent risks including injury, property damage, weather hazards, drowning, collisions, and death. Users voluntarily assume all associated risks.

11. Limitation of Liability

To the maximum extent permitted by law, Gear Wave, its affiliates, employees, contractors, and partners shall not be liable for indirect, incidental, consequential, or punitive damages arising from use of the platform or rented equipment.

12. Account Suspension & Termination

Gear Wave reserves the right to suspend or terminate user accounts for violations of these Terms, unsafe behavior, fraud, abuse, or other harmful conduct.

13. Intellectual Property

All platform content, branding (including the Gear Wave name, logo, and wave mark), copy, designs, user interface elements, software, source code, database schemas, taxonomy, scoring systems, fee logic, and all other intellectual property associated with Gear Wave are owned by Gear Wave or its licensors and are protected by copyright, trademark, trade secret, and other laws. No license is granted by implication, estoppel, or otherwise; all rights not expressly granted are reserved. Users receive only a limited, revocable, non-exclusive, non-transferable license to access the platform for personal, non-commercial use as an end user.

14. Privacy

Use of the platform is also governed by the Gear Wave Privacy Policy regarding data collection, storage, and user information.

15. Indemnification

Users agree to indemnify and hold harmless Gear Wave from claims, damages, liabilities, expenses, or legal fees arising from misuse of the platform or violation of these Terms.

16. Modifications to Terms

Gear Wave may update or modify these Terms of Service at any time. Continued use of the platform constitutes acceptance of revised terms.

17. Governing Law

These Terms shall be governed by applicable laws of the operating jurisdiction unless otherwise required by law.

18. Geographic Scope & Service Availability

Gear Wave is launching on a state-by-state basis. The platform is offered, and bookings are accepted, ONLY in U.S. states and territories that Gear Wave has expressly designated as 'live' on its official launch list (the 'Live States'), which Gear Wave may update from time to time in its sole discretion. Listing, booking, payout, and any platform-facilitated waiver or deposit handling are not offered in any jurisdiction that is not a Live State.

Persons residing outside the Live States may register for the waitlist but may not list equipment, accept bookings, or rent equipment until their state is added to the Live States.
Any listing, booking, payment, or transaction attempted outside the Live States is void, unauthorized, and not endorsed, facilitated, or insured by Gear Wave, even if it appears in the platform UI due to a technical error.
Gear Wave makes no representation that the platform complies with the laws of any jurisdiction that is not a Live State, and users accessing the platform from such jurisdictions do so on their own initiative and at their own risk.
Gear Wave reserves the right to remove listings, cancel bookings, block accounts, withhold payouts, and refund funds attributable to activity outside the Live States, without liability.
The current Live State list and any state-specific addenda are published at www.gearwaveapp.com/terms and are incorporated by reference into these Terms.

19. Marketplace Role & Agent of Payee Disclosure

Gear Wave operates solely as a technology marketplace and venue. Gear Wave is not a rental company, equipment owner, dealer, broker, carrier, motor vehicle dealer, vessel dealer, outfitter, guide, insurer, or party to any rental contract between an owner and a renter.

For payment processing, Gear Wave (and/or its payments partner) acts as the limited payment collection agent of each equipment owner for the limited purpose of accepting funds from renters on the owner's behalf. Payment of rental charges by a renter to Gear Wave is deemed payment made directly to the owner and satisfies the renter's payment obligation, regardless of whether the funds are actually transmitted to the owner.
Where applicable state law treats Gear Wave as a 'marketplace facilitator' for sales, use, lodging, rental, or similar transactional taxes, Gear Wave will collect and remit such taxes in compliance with that law. Owners remain solely responsible for income tax on their earnings and for any taxes not collected by Gear Wave.
Gear Wave may issue Form 1099-K or analogous information returns to owners as required by IRS rules and applicable state law.

20. Insurance Disclosure

GEAR WAVE DOES NOT PROVIDE INSURANCE. Gear Wave is not an insurance company, broker, agent, MGA, or producer.

Any deposit authorization hold, damage charge, or platform-facilitated reimbursement is a contractual remedy between owner and renter routed through the platform — it is NOT insurance and does NOT provide first-party property, liability, medical, uninsured/underinsured motorist, hull, P&I, or any other insurance coverage.
Owners are solely responsible for maintaining any insurance required by law or by their lender, lessor, manufacturer warranty, HOA, marina, or other contract, and for confirming that their policy permits commercial / peer-to-peer rental use. Most personal auto, boat, RV, and homeowners' policies exclude commercial rental use; coverage gaps are the owner's responsibility.
Renters are solely responsible for confirming whether their own auto, boat, homeowners, renters, umbrella, medical, or travel insurance covers their use of rented equipment, injuries to themselves or third parties, and damage to the equipment. Renters should not assume any such coverage exists.
Where Gear Wave references third-party insurance products, those products are offered by independent licensed insurers and are subject solely to their own terms.

21. Powered Vehicles, Watercraft & Regulated Equipment

Equipment in categories including (without limitation) motor vehicles, e-bikes Class 2 and 3, mopeds, ATVs, UTVs, side-by-sides, snowmobiles, jet skis / personal watercraft, motorboats, sailboats, kayaks, paddleboards, trailers, drones, and powered tools is subject to extensive federal, state, and local regulation. Users acknowledge and agree that:

Renters are solely responsible for holding all required licenses, endorsements, registrations, age requirements, and certifications (including but not limited to a valid driver's license, motorcycle endorsement, CDL where applicable, state boater education / boating safety card under NASBLA-approved programs and 33 CFR §§ 173–177, FAA Part 107 remote pilot certification, hunter education, snowmobile / OHV safety certificate, and any helmet, USCG-approved PFD, lighting, or signaling equipment required by law).
Renters must comply with all applicable U.S. Coast Guard, NHTSA, DOT, FAA, EPA, state DMV, state Department of Natural Resources, Fish & Wildlife, and local ordinances, including BUI/DUI laws, no-wake zones, helmet laws, child-restraint laws, and tow-vehicle weight ratings.
Owners are solely responsible for ensuring the equipment is street-legal, water-legal, or otherwise lawful to rent in the jurisdiction of use, that it carries required registrations, decals, HIN, VIN, titling, emissions compliance, and that any required commercial-use permits or USCG documentation are in place.
Gear Wave does not verify any license, certification, registration, mechanical condition, or regulatory status, and disclaims all liability arising from any failure of an owner or renter to comply with this Section 21.

22. Binding Arbitration & Class Action Waiver

PLEASE READ CAREFULLY — THIS SECTION AFFECTS YOUR LEGAL RIGHTS. Except as provided below, any dispute, claim, or controversy between a user and Gear Wave arising out of or relating to the platform, the Services, these Terms, or any rental, payment, deposit, or waiver shall be resolved exclusively through final and binding individual arbitration administered by JAMS (or, if JAMS is unavailable, the American Arbitration Association) under its then-current consumer rules, before a single arbitrator, in the State of Washington or in the user's home state at the user's option, and governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq.

CLASS ACTION WAIVER. Users and Gear Wave each waive any right to participate as a plaintiff or class member in any class, collective, mass, consolidated, representative, or private attorney general action, and the arbitrator may not consolidate claims or preside over any form of representative proceeding. If this class action waiver is held unenforceable as to any claim, that claim shall be severed and litigated in court while all other claims remain in arbitration.
30-DAY OPT-OUT. A user may opt out of this Section 22 by sending written notice to legal@gearwaveapp.com within 30 days of first accepting these Terms, stating the user's name, account email, and a clear statement of intent to opt out. Opting out does not affect any other provision of these Terms.
CARVE-OUTS. Either party may bring (i) an individual action in small-claims court for claims within that court's jurisdiction, (ii) an action for temporary or preliminary injunctive relief to protect intellectual property, confidential information, or platform integrity, and (iii) any claim that applicable law prohibits from being arbitrated.
MASS-FILING PROTOCOL. If 25 or more substantially similar arbitration demands are filed against Gear Wave by or with the coordination of the same counsel or coordinated group, the parties agree to a batch process: an initial bellwether of 10 cases will be arbitrated, after which the parties will mediate the remaining cases before any additional filing or administrative fees are incurred.

23. DMCA & Section 230

Gear Wave responds to notices of alleged copyright infringement under the Digital Millennium Copyright Act, 17 U.S.C. § 512. Designated copyright agent: Gear Wave LLC, Attn: DMCA Agent, support@gearwaveapp.com. Notices must include the elements required by 17 U.S.C. § 512(c)(3). Repeat infringers will be terminated in appropriate circumstances. Gear Wave is an interactive computer service under 47 U.S.C. § 230 and is not the publisher or speaker of user-generated content, including listings, photos, reviews, and messages.

24. Governing Law & Venue

These Terms are governed by the laws of the State of Washington without regard to its conflicts-of-laws principles. Subject to Section 22, any action not subject to arbitration shall be brought exclusively in the state or federal courts located in King County, Washington, and the parties consent to personal jurisdiction and venue in those courts.

25. State-Specific Provisions & Non-Waivable Rights

Certain U.S. states limit or condition the enforceability of pre-injury liability releases (e.g., Louisiana, Virginia, Montana, and others), indemnification clauses, arbitration provisions, mandatory venue clauses, or marketplace-facilitator structures. Nothing in these Terms is intended to waive any right that cannot lawfully be waived in the user's state of residence or in the state where the rental occurs. Where Gear Wave operates in a state with mandatory consumer-rental, biometric privacy (e.g., Illinois BIPA, Texas CUBI, Washington HB 1493), or comprehensive privacy statutes (e.g., California CCPA/CPRA), the more protective state-law standard controls over any conflicting provision of these Terms for that user.

26. Contact Information

Questions regarding these Terms may be directed to Gear Wave at support@gearwaveapp.com — www.gearwaveapp.com