Terms of Service

1. Introduction and Acceptance

1. These Terms of Service ("Terms") govern your use of the LocaYo platform available at locayo.app and through our mobile applications (collectively, the "Platform" or "Service").
2. The Platform is operated by Next Orbit OÜ ("LocaYo", "we", "us", or "our"), a private limited company (osaühing) registered in the Republic of Estonia, registry code [TO BE ADDED], registered address [TO BE ADDED UPON REGISTRATION]. For data protection matters, you can reach us at privacy@locayo.app.
3. You can contact us via our Help Centre contact form or by email at hello@locayo.app.
4. By accessing or using the Platform, you agree to be bound by these Terms, our Privacy Policy, and Cookie Policy. If you do not agree, please do not use our Service.
5. These Terms are made available free of charge on the Platform in a format that allows you to download, reproduce, and store them.
6. These Terms apply to users in the European Union member states and the European Economic Area. Specific regional provisions are noted where applicable.

2. Definitions

1. "User" means any person who accesses or uses the Platform, whether registered or not.
2. "Account" means a registered user account on the Platform.
3. "Listing" means an advertisement for rental of goods, provision of services, or rental of spaces published on the Platform.
4. "Provider" means a User who offers goods for rental, provides services, or offers spaces for rent through the Platform.
5. "Customer" means a User who rents goods, uses services, or rents spaces through the Platform.
6. "Booking" means a reservation request or confirmed arrangement between a Provider and a Customer.
7. "Services" (when referring to Provider offerings) means any services offered by Providers through the Platform, including but not limited to tutoring, photography, repairs, pet care, cleaning, and other local services.
8. "Rental" means the temporary use of goods or spaces offered by a Provider to a Customer.
9. "Boost" means a paid premium feature that increases the visibility of a Listing on the Platform.
10. "Tax Identification Number" or "TIN" means a unique identification number issued by a tax authority to identify a taxpayer, including (but not limited to) a National Insurance Number (UK), PESEL or NIP (Poland), Steuer-IdNr (Germany), or equivalent identifier in the Provider's country of tax residence.

3. Nature of Our Service

1. LocaYo is a marketplace platform that connects Providers with Customers. We enable Users to discover, communicate about, and arrange rentals and services.
2. We are not a party to transactions. Any agreement for rental of goods, provision of services, or rental of spaces is made directly between the Provider and Customer.
3. We do not process, handle, or intermediate payments between Users. All payments for rentals and services are arranged directly between Providers and Customers by whatever method they agree upon (cash, bank transfer, or other payment methods). LocaYo does not charge transaction fees or commissions on rentals or services.
4. We may offer paid premium features. LocaYo may offer optional paid features such as Boosts (increased Listing visibility) and other premium services. Payments for these features are made directly to LocaYo via our payment processor (Stripe) and are subject to applicable taxes including VAT.
5. We do not own, rent, or provide any of the items, services, or spaces listed on the Platform. Providers are independent individuals or businesses.
6. We do not verify the quality, safety, legality, or availability of any listings. Users interact at their own risk.
7. The Platform facilitates:
   • Rental of physical goods (tools, equipment, vehicles, etc.)
   • Provision of services (tutoring, repairs, photography, etc.)
   • Rental of spaces (parking, storage, event venues, etc.)
   • Communication between Users via our messaging system
   • Booking management and availability calendars

4. Eligibility and Registration

1. Minimum age requirements:
   • You must be at least 16 years old to create an account and use basic Platform features.
   • You must be at least 18 years old to become a Provider and offer listings.
   • Users aged 16-17 may use the Platform as Customers only, with parental or guardian consent.
   • Providers may set their own additional age requirements for specific items or services (e.g., 21+ for vehicle rentals).
2. By registering, you confirm that you meet the applicable age requirements and have the legal capacity to enter into binding contracts (or have parental consent if aged 16-17).
3. You may register as an individual or as a business. Business accounts have additional features.
4. You must provide accurate, current, and complete information during registration.
5. You are responsible for maintaining the confidentiality of your account credentials.
6. You may not create multiple accounts, use another person's account, or transfer your account to others.
7. We reserve the right to verify your identity and may require additional documentation.

5. User Obligations

5.1 General Obligations

1. Use the Platform in compliance with these Terms and applicable laws.
2. Provide accurate and truthful information in your profile and listings.
3. Communicate respectfully with other Users.
4. Not use the Platform for any illegal, fraudulent, or harmful purposes.
5. Report any violations, suspicious activity, or safety concerns to us.

5.2 Provider Obligations

1. Ensure you have the legal right to rent items, provide services, or rent spaces you list.
2. Provide accurate descriptions, photos, and availability information.
3. Maintain items in safe, working condition and provide services with reasonable care and skill.
4. Respond to booking requests promptly.
5. Honour confirmed bookings unless exceptional circumstances apply.
6. Comply with all applicable laws, including tax obligations, consumer protection laws, and any licensing requirements for services you provide.
7. If offering services, ensure you have appropriate qualifications, insurance, and certifications where required by law. Examples of regulated services include:
   • UK: Gas Safe registration (gas work), Part P certification (electrical), DBS checks (childcare), ADI licence (driving instruction)
   • EU/EEA: Relevant trade certifications, professional licences as required by local law
8. You may set your own age restrictions for specific listings where appropriate.

5.3 Provider Tax Compliance Obligations

1. Mandatory information. Providers must provide the following information accurately and promptly when requested:
   • Full legal name (and business name, if applicable)
   • Date of birth (for individuals)
   • Primary address
   • Country of tax residence
   • Tax Identification Number (TIN) issued by each country of tax residence
   • Business registration number (for business accounts, if applicable)
   • VAT identification number (if applicable)
2. Accuracy and updates. Providers are responsible for ensuring that the information they provide is accurate, complete, and up to date. You must promptly notify us of any changes to your tax compliance information.
3. Consequences of non-compliance. If a Provider fails to provide the required tax information within 60 days of the initial request (following two reminders), LocaYo may:
   • Restrict the Provider from creating new Listings
   • Temporarily hide or deactivate existing Listings
   • Withhold any pending payouts for premium features (if applicable)
   • Suspend the Provider's account until the required information is provided
4. Reporting to tax authorities. LocaYo is legally obligated to report Provider information (including personal details, TIN, and transaction data such as the total value of bookings and number of transactions) to the Estonian Tax and Customs Board (Maksu- ja Tolliamet), which exchanges this data with the tax authorities of the Provider's country of tax residence under DAC7 automatic exchange of information provisions. This reporting is a legal obligation and does not require separate consent. For more details, see our Privacy Policy.
5. Notification. LocaYo will notify each Provider of the information that has been reported to tax authorities in respect of them, in accordance with applicable regulations.
6. Provider's own tax obligations. LocaYo's reporting obligations do not replace or reduce your own tax obligations. You are solely responsible for declaring income, paying taxes, and complying with all tax laws applicable in your jurisdiction. We recommend seeking independent tax advice.

5.4 Customer Obligations

1. Use rented items responsibly and return them in the same condition.
2. Pay agreed amounts directly to Providers by the agreed method.
3. Report any damage or issues immediately.
4. Return items on time or notify Providers of any delays.
5. Respect Provider property and the spaces where services are provided.
6. Meet any age or other requirements set by individual Providers.

6. Insurance and Liability Between Users

1. LocaYo does not provide insurance. We do not offer any insurance coverage for items, services, or spaces listed on the Platform.
2. Provider insurance: Providers are strongly encouraged to:
   • Have appropriate insurance for items they rent out
   • Hold professional indemnity insurance if providing services
   • Check that their home/contents insurance covers peer-to-peer rentals
   • Consider public liability insurance
3. Customer responsibility: Customers are responsible for:
   • Any damage to rented items during the rental period
   • Returning items in the same condition as received
   • Compensating Providers for damage, loss, or late returns as agreed
4. Deposits: Providers may require security deposits. Any deposits are arranged directly between Users — LocaYo does not hold or process deposits.
5. We recommend Users discuss insurance and liability before confirming bookings.

7. Listings

1. Providers may create listings for goods available for rent, services they offer, or spaces available for rent.
2. All listings must:
   • Be accurate, truthful, and not misleading
   • Include clear photos (where applicable)
   • Specify pricing, availability, and any conditions
   • Note any age restrictions or requirements
   • Not infringe third-party rights
   • Comply with all applicable laws
3. Prohibited listings include but are not limited to:
   • Illegal items or services
   • Weapons, drugs, or controlled substances
   • Counterfeit or stolen goods
   • Adult content or services
   • Services requiring professional licences you do not hold
   • Items that pose safety risks
   • Anything that violates third-party rights
4. We reserve the right to remove listings at our discretion without prior notice.
5. Free accounts have limits on the number of active listings. Premium features (such as Boosts) may be available for additional visibility.

8. Bookings and Transactions

1. Customers may request bookings through the Platform. Providers may accept or decline requests.
2. Once a booking is confirmed, both parties enter into a direct agreement with each other. LocaYo is not a party to this agreement.
3. Payment for rentals and services is arranged directly between Provider and Customer. LocaYo does not process, hold, or intermediate any payments between Users for rentals or services.
4. Cancellation policies are set by individual Providers and displayed on their listings. Users should review these before booking.
5. We encourage Users to communicate through our platform messaging system for their protection and records.
6. Any disputes regarding bookings, payments, or service quality are between the Provider and Customer. While we may offer assistance, we are not obligated to mediate or resolve disputes.

8.7 User-to-User Data Sharing

1. When you confirm a booking, you may need to share contact information (such as phone number or address) directly with the other party to facilitate pickup or delivery.
2. We recommend:
   • Using our in-app messaging system where possible
   • Providing a meeting point or approximate address rather than exact home address
   • Only sharing contact details after booking confirmation
3. LocaYo is not responsible for how other Users handle personal information you share with them outside our Platform.
4. If you believe another User has misused your personal information, please report this to us immediately and consider contacting your local data protection authority.

9. Premium Features and Boosts

1. LocaYo may offer optional paid features such as Boosts, which increase the visibility of Listings on the Platform.
2. Payments for premium features are processed by our payment provider, Stripe. By purchasing a Boost or other premium feature, you agree to Stripe's terms of service.
3. Pricing and VAT. Prices for premium features are displayed on the Platform and include applicable taxes. For EU customers, VAT is charged at the rate applicable in your country of residence in accordance with EU VAT rules.
4. Refunds. Boosts and other premium features take effect immediately upon purchase. Refunds may be available in accordance with applicable consumer protection laws. If you believe a refund is warranted, please contact us through our Help Centre.
5. No guarantee of results. Purchasing a Boost increases visibility but does not guarantee bookings, enquiries, or any specific outcome.

10. Delivery Services

1. Some Providers offer delivery or collection services for rented items.
2. Delivery terms, costs, and areas are set by individual Providers.
3. LocaYo does not provide delivery services. Any delivery is arranged directly between Provider and Customer.
4. Providers who offer delivery are responsible for ensuring safe transport of items.

11. Reviews and Ratings

1. Users may leave reviews and ratings after completed bookings.
2. Reviews must be honest, accurate, and based on genuine experiences.
3. Prohibited review content includes:
   • False or misleading statements
   • Defamatory, abusive, or discriminatory content
   • Personal attacks or threats
   • Spam or promotional content
   • Content violating privacy
4. We may remove reviews that violate these Terms.
5. Providers may respond to reviews publicly.

12. Intellectual Property

1. The Platform, including its design, features, content, and software, is owned by LocaYo and protected by intellectual property laws.
2. Users retain ownership of content they upload but grant us a non-exclusive, worldwide, royalty-free licence to use, display, and distribute such content on the Platform.
3. You may not copy, modify, distribute, or create derivative works from our Platform without permission.
4. The LocaYo name, logo, and branding are our trademarks and may not be used without authorisation.

13. Limitation of Liability

1. The Platform is provided "as is" without warranties of any kind, except as required by law.
2. To the maximum extent permitted by law, LocaYo is not liable for:
   • The conduct of any User
   • The quality, safety, or legality of any listings
   • Any transaction between Users
   • Loss or damage to rented items
   • Personal injury arising from use of items or services
   • Any indirect, incidental, or consequential damages
3. Our total liability to you shall not exceed the amounts you have paid to us (if any) in the 12 months preceding the claim.
4. Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, fraud, or any other liability that cannot be excluded by law.
5. UK consumers: You have legal rights under the Consumer Rights Act 2015 and other consumer protection legislation that cannot be excluded or restricted by these Terms.
6. EU/EEA consumers: You have rights under the Consumer Rights Directive (2011/83/EU) and other applicable consumer protection laws that cannot be excluded.

14. Indemnification

1. You agree to indemnify and hold LocaYo harmless from any claims, damages, losses, or expenses arising from:
   • Your use of the Platform
   • Your violation of these Terms
   • Your violation of any rights of third parties
   • Any transaction with other Users
   • Content you submit to the Platform
   • Your failure to provide accurate tax compliance information as required under Section 5.3
2. This indemnification does not apply to the extent that the claim arose from our own negligence or breach of these Terms.

15. Account Suspension and Termination

1. We may suspend or terminate your account if you:
   • Violate these Terms
   • Engage in fraudulent or illegal activity
   • Create risk or legal exposure for us
   • Receive multiple complaints from other Users
   • Fail to pay amounts owed (where applicable)
   • Fail to provide required tax compliance information after the notice period described in Section 5.3
2. You may terminate your account at any time through account settings.
3. Upon termination, your right to use the Platform ceases immediately.
4. Provisions that by their nature should survive termination will continue to apply, including Sections 5.3 (tax compliance data obligations), 12 (intellectual property), 13 (limitation of liability), and 14 (indemnification).

16. Dispute Resolution

1. We encourage Users to resolve disputes directly with each other first.
2. For disputes with LocaYo, please contact us first through our Help Centre to attempt informal resolution.
3. UK and EU consumers: You may use the Online Dispute Resolution platform: https://ec.europa.eu/consumers/odr
4. Polish consumers: You may also contact the Polish Trade Inspection (Inspekcja Handlowa) or use the platform at uokik.gov.pl
5. Nothing prevents you from bringing proceedings in court.

17. Changes to Terms

1. We may modify these Terms at any time. Material changes will be notified via email or prominent notice on the Platform at least 15 days before taking effect.
2. Continued use of the Platform after changes constitutes acceptance of the modified Terms.
3. If you do not agree to changes, you may terminate your account before they take effect.
4. The current version of Terms is always available on the Platform.

18. Governing Law and Jurisdiction

1. These Terms are primarily governed by the laws of the Republic of Estonia, as the Platform is operated by a company registered in Estonia.
2. Disputes will be subject to the non-exclusive jurisdiction of the courts of the Republic of Estonia (Harju County Court). You may also submit a complaint to the Estonian Consumer Protection and Technical Regulatory Authority (TTJA) at ttja.ee.
3. For EU/EEA users: you may bring proceedings in the courts of your country of residence. Nothing in these Terms affects your statutory rights under mandatory consumer protection laws of your country of residence.
4. If you are a consumer, you retain any mandatory consumer protection rights granted by the law of your country of residence, including rights under the Consumer Rights Directive (2011/83/EU) and the Polish Consumer Rights Act (Ustawa o prawach konsumenta) where applicable.
5. If any provision of these Terms is found invalid or unenforceable, the remaining provisions will continue in effect.

19. Contact Us

For questions about these Terms, please contact us:

• Help Centre: locayo.app/help
• General enquiries: hello@locayo.app
• Data protection: privacy@locayo.app