Effective Date: Novemeber, 2024.

1.1 NodelyAI operates a platform that allows:

(a) users to advertise items for rent (such users being “owners”);

(b) owners to communicate with and enter into agreements with other users to rent (such users that rent being “renters”);

(c) renters to pay owners for renting the relevant items; and

(e) users to resolve disputes concerning the hired items, which we make available to you through the NodelyAI application available for download on your mobile device.

1.2 The NodelyAI Service is provided by NodelyAI Ltd

2.1 NodelyAI only provides a platform that enables users to rent and lend items, but does not rent or lend items itself.

2.2 As such, the owner (and not us) is responsible for ensuring that items conform to any descriptions provided, are fit for purpose and safe to use. If you are a renter, we will not be responsible to you for any items that you hire through the NodelyAI Service.

2.3 If you are a owner, you will also be responsible for complying with any obligations you may have under applicable law with respect to the items that you provide for hire, including giving effect to renters’ rights under applicable consumer law and compensating any damage to the renter or any other person caused by your items.

3.1 This document and any documents referred to within it (collectively, the “Terms of Service”) set out the terms of your relationship with us. It is important that you read and understand these Terms of Service before using the NodelyAI Service.

3.2 Additional terms will apply to you depending on whether you are a renter, owner, buyer or seller. Please refer to paragraph 10 if you are an owner, paragraph 11 if you are a renter.

3.3 By accessing and using the NodelyAI Service, you agree to these Terms of Service. If you do not agree to these Terms of Service, please do not access or use the NodelyAI Service.

4.1 NodelyAI Ltd is a company registered. UK Registered Company Number: 15987835.

5.1 Your privacy is important to us. You should read our Privacy Policy (https://www.nodelyai.tech/privacy-policy/) to understand how we collect, use and share information about you.

6.1 The NodelyAI Service allows owners and sellers to advertise items for hire and for sale, and to communicate and enter into agreements with renters and buyers for the hire or sale of those items.

6.2 We may, from time to time, provide social features on the NodelyAI Service, which enable you to message and share information about your use of the NodelyAI Service with other users. Any use of these social features should comply with our Rules of Acceptable Use below.

7.1 To access the NodelyAI Service, you must set up an account using your email address (your “Account”). You will need to create a password for your Account – we encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Account.

7.2 You must be 16 years or older and capable in your country of residence of entering into a legally binding agreement to use the NodelyAI Service. If you are below the age of 18 we may require a parent or guardian to enter into the agreement on your behalf. In this instance, we will hold a legally binding agreement with the parent or guardian.

7.3 You are responsible for maintaining the confidentiality of your login details and for any activities that occur under your Account. If you have any concerns that your Account may have been misused, you should contact u sat info@nodelyai.tech straight away to let us know.

8.1 The materials and content comprising the NodelyAI Service belong to us or our third party licensors, and we give you permission to use these materials and content for the sole purpose of using the NodelyAI Service in accordance with these Terms of Service.

8.2 Your right to use the NodelyAI Service is personal to you and you are not allowed to give this right to any other person. Your right to use the NodelyAI Service does not stop us from giving other people the right to use the NodelyAI Service.

8.3 Unless allowed by these Terms of Service or as permitted by the functionality of the NodelyAI Service, you agree:

(a) not to copy, or attempt to copy the NodelyAI App or any other portion of the NodelyAI Service;

(b) not to give or sell or otherwise make available the NodelyAI App or any other portion of the NodelyAI Service to anybody else;

(c) not to change, or attempt to change the NodelyA App or any other portion of the NodelyAI Service in any way;

(d) not to look for or access the code of the NodelyAI App or any other portion of the NodelyAI Service that we have not expressly published publicly for general use.

8.4 You agree that all confidential information, copyright and other intellectual property rights in the NodelyAI App or any other portion of the Service belong to us or the people who have licenced those rights to us.

8.5 You agree that you have no rights in or to the NodelyAI App or any other portion of the NodelyAI Service other than the right to use and access them in accordance with these Terms of Service.

9.1 This paragraph 9 applies to you if you are an owner.

9.2 You must not offer to lend through the NodelyAI Service any firearms, weapons, pornography, mature content, animals or any items that it would be illegal to offer for hire in your or the renter’s country of residence. We may remove any items offered for hire from the NodelyAI Service if we believe such items are illegal, immoral or damaging to our reputation.

9.3 You are responsible for ensuring that:
(a) you have all necessary rights to hire out any items you advertise on the NodelyAI Service, and that the renter’s use of those items will not infringe any other party’s rights;

(b) you deliver any hired items to the renter in accordance with the agreement you reach with the renter;

9.4 If you offer storage space for hire, you must also ensure that the space is accessible safely and legally, that it is secure and free from leaks and/or excessive heat or cold. You will be responsible for any damage to any of the buyer’s items that are left in your storage area.

9.5 You will be responsible for any damage the renter or any other person may suffer as a result of any defect in the item they have borrowed from you, or for any failure to comply with the requirements in paragraph 9.2.

9.6 Once you agree to the terms on which you will lend an item to a renter, you must not try to amend those terms (including the price) unless you have a valid, justifiable reason for doing so and the renter agrees to those amended terms.

9.7 You can remove a listing or cancel your agreement to lend an item to a renter at any time up to 48 hours before the start of the relevant hire period. If you cancel an agreement to hire an item to a renter less than 48 hours before the start of the hire period, we may charge you a cancellation fee equal to 30% of the relevant Hire Fee.

10.1 This paragraph 10 applies to you if you are a renter.

10.2 When you agree to hire an item with an owner, the owner grants you a limited right to use that item for the relevant hire period. This right is personal to you and you are not allowed to give this right to any other person.

10.3 You are responsible for ensuring that:

(a) you are legally allowed to use any item that you borrow through the NodelyAI Service;

(b) you comply with all applicable law when using the item;

(c) you comply with any reasonable directions provided by the owner in order to use the item safely;

12.1 You confirm that any images, text or information that you upload to the NodelyAI Service, including any reviews that you post about other users or items (collectively, your “User Content”) will meet the Rules of Acceptable Use.

12.2 We do not claim ownership of your User Content, and ownership will remain with you and any third party whose content you include in your User Content. Instead, you grant us a worldwide, non-exclusive, royalty-free and perpetual licence to use, copy, reproduce, distribute, adapt, re-format, modify, publish, translate, licence, sub-license and otherwise make available the User Content anywhere and in any form for the purposes of providing the NodelyAI Service (including allowing users that you give access to any User Content to view and use your User Content).

12.3 You must ensure that you are able to grant us the above licence for any content owned by a third party that you include in your User Content.

12.4 Our right to use your User Content does not in any way affect your privacy rights.

12.5 We have the right to monitor any User Content and to reject, refuse or delete any User Content where we think that it breaks any of the Rules of Acceptable Use.

13.1 In addition to the other requirements within these Terms and Conditions, this section describes specific rules that apply to your use of the NodelyAI Service (the “Rules of Acceptable Use”).

13.2 When using the NodelyAI Service you must not:

(a) circumvent, disable or otherwise interfere with any security related features of the NodelyAI Service;

(b) give any false or misleading information, impersonate any person or permit any other person to use the NodelyAI Service under your name or on your behalf unless such person is authorised by you;

(c) use the NodelyAI Service if we have suspended or banned you from using it;

(d) advocate, promote or engage in any illegal or unlawful conduct or conduct that causes theft, loss, damage or injury to any person or property;

(e) promote or advertise any goods or services, other than items you, as a owner or seller, make available for hire through the NodelyAI Service;

(f) send any unsolicited marketing communications through the NodelyAI Service;

(g) modify, interfere, intercept, disrupt or hack the NodelyAI Service;

(h) misuse the NodelyAI Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm any of the NodelyAI Service or any user of the NodelyAI Service’s own equipment;

(i) collect any data from the NodelyAI Service other than in accordance with these Terms and Conditions;

(j) submit or contribute any User Content that contains nudity or violence or is abusive, threatening, obscene, misleading, untrue or offensive;

(k) submit or contribute any User Content that you do not own or have the right to use or otherwise infringe the copyright, trademark or other rights of third parties;

(l) use any User Content in violation of any licensing terms specified by the owner;

(m) other than leaving reviews about owners or items, submit or contribute any information or commentary about another person without that person’s permission;

(n) threaten, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person (including but not limited to other users, and NodelyAI employees);

(o) use any automated system, including without limitation “robots”, “spiders” or “offline readers” to access the NodelyAI Service in a manner that send more request messages to the NodelyAI Service than a human can reasonably produce in the same period of time;

13.3 Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms and Conditions, and may result in our taking all or any of the following actions (with or without notice):

(a) immediate, temporary or permanent withdrawal of your right to use the NodelyAI App or any other portion of the NodelyAI Service;

(b) immediate, temporary or permanent removal of any User Content;

(c) issuing of a warning to you;

(d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

(e) disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

13.4 The responses described in paragraph 13.3 are not limited, and we may take any other action we reasonably deem appropriate.

14.1 Any person may contact us by sending us a notice (an “Infringement Notice”) if any content available through the NodelyAI Service infringes their rights. The Infringement Notice should be sent by email to info@nodelyai.tech Please provide the following information in the Infringement Notice:

(a) your name and contact details;

(b) a statement explaining in sufficient detail why you consider that the content available through the NodelyAI Service infringes your rights or fails to comply with our Rules of Acceptable Use; and

(c) a link to or such other means of identifying the problematic content.

14.2 We will take the action that we believe is appropriate depending on the nature of the Infringement Notice and will aim to respond to you within a reasonable period of time on the action we propose to take.

15.1 We encourage users to resolve any disputes directly. If, as a renter, you have lost or damaged an item, you are responsible for reimbursing the owner immediately for the full value of repairing the item (if possible) or replacing it.

15.2 If you are an owner, we may ask you to provide proof of purchase, photos of any damage caused to an item, or any other evidence to support your claim for reimbursement from a renter. Where you claim that a renter has damaged an item, we may also ask you to provide photos of your item taken before it was provided to a renter, to support your claim that any damage was caused by the renter (and was not present at the start of the hire period).

16.1 If at any time you do not feel that you can agree to these Terms and Conditions or any changes made to these Terms and Conditions or the NodelyAI Service, you must immediately stop using the NodelyAI Service.

16.2 Deleting the NodelyAI App might not close any Account you have created in relation to the NodelyAI Service. You must notify us if you wish to close your Account by contacting us at info@nodelyai.tech

16.3 We may immediately end your use of the NodelyAI Service if you break the Rules of Acceptable Use, any other important rule(s), or terms and conditions we set for accessing and using the NodelyAI Service including these Terms and Conditions.

16.4 We may also withdraw any part of the NodelyAI Service at any time and will notify you if we feel it will significantly affect your usage of the NodelyAI Service.

16.5 If you or we end your use of the NodelyAI Service or we withdraw NodelyAI Service as described in this section, we may delete your User Content, any other information that you have uploaded to the NodelyAI Service or any other information we hold about you. You will also lose any rights you have to use the NodelyAI Service or to access our content or your User Content. You should therefore ensure that you keep a copy of any information or content you use on the NodelyAI Service, as well as your User Content, as we will not offer you compensation for any losses you might suffer if you lose your rights to access and use the NodelyAI Service or any such information, content or User Content.

16.6 The termination of your use of the NodelyAI Service and the cancellation of your Account shall not affect any of your obligations to pay any sums due to us.

16.7 Nothing in this paragraph 17 affects any legal rights you may have under the law of the country in which you are resident.

17.1 While we will do our best to ensure that the NodelyAI App itself is of a reasonable standard and quality and matches any descriptions we have provided you, the NodelyAI App and any other portion of the NodelyAI Service may contain some content owned or developed by third parties. As we do not own or produce such third party content, we cannot be responsible for it in any way.

17.2 In addition, due to the nature of the Internet and technology, the NodelyAI Service is unfortunately provided on an “as available” and “as is” basis. This means that we are unable to promise that your use of the NodelyAI Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the NodelyAI Service in these Terms and Conditions and, to the extent we are able to do so, we exclude any commitments that may be implied by law.

17.3 In the event of a claim arising out of the provision of the NodelyAI Service, our responsibility to you will never be more than the amount you have paid us in the 12 months prior to the claim arising and, in the event that you have not paid us any money, we shall have no responsibility whatsoever to you.

17.4 In every case, we will never be responsible for any loss or damage that is not reasonably foreseeable.

17.5 The above does not affect your rights under the applicable law of the country in which you are resident, including our responsibility to you for any personal injury or death caused by our negligence.

18.1 If you have a dispute with us relating to the NodelyAI Service, in the first instance please contact us at info@nodelyai.tech and attempt to resolve the dispute with us informally.

19.2 In the unlikely event that we have not been able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving our dispute.

20.1 We are constantly updating and improving the NodelyAI Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and the NodelyAI Service.

21.2 In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the NodelyAI Service, or feature relating to the NodelyAI Service (“changes to the NodelyAI Service”). These changes to the NodelyAI Service may affect your past activities on the NodelyAI Service, features that you use, your User Content and any other information you submit to the NodelyAI Service (“Service Elements”). Any changes to the NodelyAI Service could involve your Service Elements being deleted or reset.

22.1 This paragraph 21 applies where the NodelyAI App has been downloaded from the Apple App Store. You acknowledge and agree that these Terms and Conditions are solely between you and NodelyAI not Apple, Inc. (“Apple”) and that Apple has no responsibility for the NodelyAI App or content thereof. Your use of the NodelyAI App must comply with the App Store Terms of Service.

22.2 You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the NodelyAI App. In the event of any failure of the NodelyAI App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the NodelyAI App to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the NodelyAI App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by these Terms and Conditions and any law applicable to NodelyAI as provider of the NodelyAI App.

22.3 You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the NodelyAI App or your possession and/or use of the NodelyAI App, including, but not limited to: (i) product liability claims; (ii) any claim that the NodelyAI App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by these Terms and Conditions and any law applicable to NodelyAI as provider of the software.

22.4 You acknowledge that, in the event of any third party claim that the NodelyAI App or your possession and use of that NodelyAI a App infringes that third party’s intellectual property rights, NodelyAI, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and Conditions.

22.5 You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

22.6 You and NodelyAI acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms and Conditions as relates to your licence of the NodelyAI App, and that, upon your acceptance of the terms and conditions of these Terms and Conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions as relates to your licence of the NodelyAI App against you as a third-party beneficiary thereof.

23.1 This paragraph 22 applies where the NodelyAI App has been downloaded from any app store or distribution platform other than the Apple App Store, including the Google Play Store (the “Distribution Platform “):

(a) you acknowledge that these Terms and Conditions are between you and NodelyAI, and not with the provider of the Distribution Platform (“Store Provider”);

(b) your use of theNodelyAI App must comply with the Store Provider’s then-current Distribution Platform Terms of Service;

(c) the Store Provider is only a provider of the Distribution Platform where you obtained the NodelyAI App;

(d) NodelyAI, and not the Store Provider, is solely responsible for the NodelyAI App;

(e) the Store Provider has no obligation or liability to you with respect to the NodelyAI App or these Terms and Conditions; and

(f) you acknowledge and agree that the Store Provider is a third-party beneficiary to these Terms and Conditions as it relates to the NodelyAI App.

24.1 We may revise these Terms and Conditions from time to time but the most current version will always be at relevant section of the NodelyAI App.

24.2 Changes will usually occur because of new features being added to the NodelyAI Service, changes in the law or where we need to clarify our position on something.

24.3 Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens we will not give you any notice.

25.1 The current version of these Terms and Conditions contains the only terms and conditions that apply to our relationship with you.

24.2 We intend to rely on these Terms and Conditions as setting out the written terms of our agreement with you for the provision of the NodelyAI Service. If part of these Terms and Conditions cannot be enforced then the remainder of these Terms and Conditions will still apply to our relationship.

24.3 If you do not comply with these Terms and Conditions and we do not take action immediately, this does not mean we have given up any right we have and we may still take action in the future.

25.1 If you need to contact us in relation to these Terms and Conditions or any other document mentioned in them, please email us at info@nodelyai.tech

25.2 We value hearing from our users, and are always interested in learning about ways we can improve the NodelyAI Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.