Equipt Terms of Use

Effective as of: December 26, 2024

Welcome to Equipt (“we,” “us,” or “our”). These Terms of Use (“Terms”) govern your use of our websites, marketplace, and any related services (collectively, the “Platform”). By accessing or using the Platform, you agree to be bound by these Terms. If you do not agree, you must not use the Platform.

1. Definitions
2. Acceptance of Terms
3. Marketplace is Lead Generation Only
4. Equipt Pro (SaaS) and Data Privacy
5. Buyer Information and Marketing Rights
6. User Suggestions and Feedback
7. User Conduct
8. Data Privacy & Compliance with U.S. Laws (including California)
9. Intellectual Property
10. Disclaimer of Warranties
11. Limitation of Liability
12. Changes to the Terms
13. Governing Law & Dispute Resolution
14. Termination
15. Contact Us

1. Definitions

   1. “Platform”:Refers to the Equipt website(s), marketplace, and associated applications, including Equipt Pro software.
   2. “Buyer”:Any user who browses or requests information about equipment listings on the Platform.
   3. “Freemium Seller”:Any user who lists equipment on the Platform under a free or limited listing plan.
   4. “Pro Seller”:Any user who subscribes to Equipt Pro or a paid subscription plan to list equipment and utilize additional Platform features.
   5. “User” or “you”:Any individual or entity accessing or using the Platform, including Buyers, Freemium Sellers, and Pro Sellers.
   6. “Equipment”:Any item listed for sale or requested for purchase on the Platform.

2. Acceptance of Terms

   By creating an account, browsing listings, requesting information, or using any services provided by Equipt, you acknowledge you have read, understand, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with these Terms, you may not access or use the Platform.

3. Marketplace is Lead Generation Only

   No Involvement in Transactions

   1. Equipt is a lead generation platform only. We connect Buyers with Sellers who list equipment. We do not endorse or guarantee any Seller, product, or transaction.
   2. All negotiations, agreements, and transactions are conducted exclusively between Buyer and Seller.

   Liability Disclaimer

   1. We shall not be liable for any disputes, claims, losses, injuries, or damages arising out of or related to transactions between Buyers and Sellers.

   No Endorsement

   1. Equipt does not endorse, guarantee, or assume responsibility for any equipment or services advertised or offered by Sellers on the Platform.

4. Equipt Pro (SaaS) and Data Privacy

   Private CRM & Marketing Tools

   1. Pro Sellers may use Equipt Pro as a CRM, lead management tool, quoting system, email marketing solution, and content management system for their website.
   2. All internal data (leads, contacts, quotes, marketing lists, etc.) is kept private within Equipt Pro and is not shared with third parties unless the Pro Seller voluntarily publishes or exports it.

   Optional Listing Publication

   1. Pro Sellers can choose to push (publish) their equipment listings to the Equipt marketplace, their own websites, or other third-party marketplaces.
   2. Once a listing is published outside Equipt Pro, the information in that listing is no longer covered under Equipt Pro’s private data policies.

   Seller-Controlled Data

   1. Sellers (Freemium or Pro) have full control over the listings they choose to publish. Equipt does not automatically publish any listings without the Seller’s consent.

5. Buyer Information and Marketing Rights

   Consent to Share Information

   1. By submitting a request for more information on any listing, Buyers agree that their contact details and other relevant data may be shared with Equipt and the Seller(s) associated with that listing.

   Marketing and Promotional Use

   1. Buyers grant Equipt and the involved Seller(s) the right to use their contact information for marketing and promotional purposes, to the extent allowed by applicable laws and regulations.
   2. Equipt is not responsible for how Sellers use or manage Buyer data once it has been shared.

6. User Suggestions and Feedback

   Ownership of Suggestions

   1. Any ideas, feedback, suggestions, or other information provided by a User to Equipt regarding improvements or enhancements to the Platform (collectively, “Suggestions”) become the sole property of Equipt.
   2. By submitting Suggestions, you grant Equipt a worldwide, irrevocable, royalty-free, perpetual license to use, modify, and incorporate these Suggestions without compensation to you.

   No Rights to Suggestions

   1. Users have no claim, right, or title to any Suggestions they provide. Users waive any right to compensation or attribution for such Suggestions.

7. User Conduct

   Accuracy of Information

   1. You agree to provide accurate, current, and complete information when creating an account, listing equipment, or submitting inquiries.
   2. Equipt reserves the right to suspend or terminate accounts found to contain false or misleading information.

   Prohibited Uses

   1. Users agree not to use the Platform for any unlawful, fraudulent, or abusive purpose. Prohibited activities include, but are not limited to, posting illicit content, violating intellectual property rights, or engaging in harassment or hate speech.

   No Web Scraping or Data Extraction

   1. Users are strictly prohibited from using any automated system, robot, spider, crawler, or other technology to scrape, extract, or harvest data—including listings, seller information, end-user data, or any other information—from the Platform without Equipt’s explicit prior written consent.
   2. Violations of this provision may result in immediate suspension or termination of account access, as well as legal action where applicable.

   Indemnification

   1. You agree to indemnify and hold harmless Equipt, its affiliates, officers, directors, employees, and agents from any claims, damages, or liabilities arising out of your use of the Platform, including any breach of these Terms.

8. Data Privacy & Compliance with U.S. Laws (including California)

   Privacy Policy

   1. Your use of the Platform is subject to our Privacy Policy, which explains how we collect, use, and disclose personal information.
   2. By using the Platform, you acknowledge that you have reviewed and agree to our Privacy Policy.

   Compliance with Applicable Laws

   1. We are committed to complying with all applicable U.S. privacy laws and regulations, including those in California.
   If you are a California resident, you may have certain rights under the California Consumer Privacy Act (CCPA) or other California privacy statutes. To learn more about these rights and how to exercise them, please review our Privacy Policy or contact us as provided below.

   User Responsibilities

   1. You are responsible for ensuring that any data you collect, share, or otherwise process via the Platform is in compliance with all applicable privacy laws, including but not limited to the CCPA, if you collect personal data from California residents.

9. Intellectual Property

   Ownership of Platform

   1. All content, features, and functionality on the Platform (including text, graphics, logos, button icons, images, and software) are owned by Equipt or its licensors.
   2. Users may not copy, reproduce, or distribute Platform content without prior written permission from Equipt.

   Trademarks

   1. Equipt’s name, logo, and related marks are trademarks of Equipt. You may not use these trademarks without our prior written consent.

10. Disclaimer of Warranties

    Use at Your Own Risk

    1. The Platform and all content, information, and listings are provided on an “as is” and “as available” basis, without warranties of any kind.
    2. Equipt makes no warranty regarding the accuracy, reliability, or completeness of the information provided on the Platform.

    No Warranty of Equipment

    1. We do not inspect, warrant, or guarantee the condition of any equipment listed on the Platform. All representations about equipment come solely from the Seller.

11. Limitation of Liability

    No Liability for Transactions

    1. Equipt shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from transactions between Buyers and Sellers, or from any use of the Platform.

    Maximum Liability

    1. If Equipt is found liable under any circumstances, our maximum liability shall not exceed the fees (if any) paid by you to Equipt for use of the Platform during the twelve (12) months preceding the claim.

12. Changes to the Terms

    Right to Modify

    1. We reserve the right to update or modify these Terms at any time. If we make significant changes, we will provide notice through the Platform or by other means.

    Continued Use

    1. Your continued use of the Platform after changes become effective constitutes acceptance of the revised Terms.

13. Governing Law & Dispute Resolution

    Governing Law

    1. These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction], without regard to conflict-of-law principles.

    Dispute Resolution

    1. Any dispute arising under or related to these Terms shall be subject to the exclusive jurisdiction of the courts located in [Jurisdiction]. You consent to personal jurisdiction and venue in these courts.

14. Termination

    Termination by You

    1. You may cease using the Platform at any time.

    Termination by Us

    1. We may suspend or terminate your access to the Platform if we believe you have violated these Terms or pose a risk to the Platform or other Users.

15. Contact Us

    If you have any questions about these Terms or wish to report a violation, please contact us at:

    Equipt

    support@equipt.com

    By using Equipt, you acknowledge that you have read and agree to these Terms of Use.