Provider Terms & Conditions

Provider Terms & Conditions

CRITICAL LEGAL AGREEMENT

• RENTALTIDE OWNS AND OPERATES THE CHECKOUT AND COMMERCE EXPERIENCE (SECTION 2.4)
• RENTALTIDE MAY USE PLATFORM DATA TO OPTIMIZE AND INCREASE YOUR REVENUE (SECTION 2.5)
• RENTALTIDE MAY FRONT BOOKING COSTS VIA "RESERVE & PAY"; YOU ARE PAID IN FULL AT NO COST (SECTION 4.5)
• SECTION 14.5 LETS RENTALTIDE HOLD A RESERVE FOR 60 DAYS AFTER YOU LEAVE
• SECTION 15 REQUIRES FULL INDEMNIFICATION OF RENTALTIDE
• SECTION 1 IDENTIFIES WHICH RENTALTIDE COMPANY YOU ARE CONTRACTING WITH
• SECTION 4.7 CHARGES INTEREST AND COLLECTION COSTS ON OVERDUE AMOUNTS
• SECTION 17 CONTAINS BINDING ARBITRATION AND CLASS ACTION WAIVER
• SECTION 16 LIMITS RENTALTIDE'S LIABILITY TO $100 CAD
• SECTION 17.5 GIVES AUSTRALIAN SMALL BUSINESS PROVIDERS THE BENEFIT OF SECTION 20.5 OF THE TERMS OF SERVICE
• YOU ARE SOLELY RESPONSIBLE FOR ALL RENTAL OPERATIONS

Table of Contents

1. Definitions and Interpretation
2. RentalTide Services (incl. Checkout & Commerce Platform, Data & Revenue Optimization)
3. Provider Relationship
4. Payment Terms (incl. Reserve & Pay)
5. Provider Responsibilities
6. Platform Usage
7. Content and Intellectual Property
8. Data Processing
9. Security Requirements
10. Insurance Requirements
11. Compliance and Warranties
12. Tax Obligations
13. Audit Rights
14. Term and Termination
15. INDEMNIFICATION
16. LIMITATION OF LIABILITY
17. DISPUTE RESOLUTION
18. General Provisions

1. Definitions and Interpretation

"RentalTide" means the RentalTide company that is party to these Terms, determined by Provider's principal place of business:

The two companies share a name but are separate legal persons. Only the company identified above for Provider's location is party to these Terms, is entitled to enforce them, and is liable under them. A reference in these Terms to "RentalTide," "we," "us" or "our" is a reference to that company alone. Where a Booking is settled through a payment account held by the other company, that company is the Provider's counterparty for the amounts settled through it and may enforce Sections 4.6 and 4.7 in respect of them.

"Provider" means the rental operator, business entity, or individual offering rental assets through the Platform.

"Platform" means RentalTide's SaaS booking system, including all websites, applications, APIs, and services.

"Renter" means any individual or entity booking rental assets through the Platform.

"Rental Contract" means the direct agreement between Provider and Renter for rental services.

"Services" means all services provided by RentalTide, including Core Services and Additional Services.

"Booking" means a reservation made through the Platform.

2. RentalTide Services

2.1 Core Services

Subject to these Terms, RentalTide provides:

• Online booking management system for reservation processing
• Payment facilitation through integrated payment processors
• Dashboard and reporting tools
• Customer management features
• Digital waiver and contract management

2.2 Additional Services

RentalTide may offer:

• Website hosting and creation
• Marketing and advertising services
• API integrations
• Insurance products (Aquacover, Aquatow)
• Distribution network participation

2.3 Platform-Only Status

RentalTide is SOLELY a technology platform with respect to the rental itself. RentalTide does NOT:

• Own, operate, maintain, or inspect any rental assets
• Act as a rental operator, broker, or agent
• Employ or supervise Provider's staff
• Verify asset safety or condition
• Participate in the rental transaction beyond providing the commerce, checkout, and payment technology described in Section 2.4

This platform-only status concerns the rental and the Rental Contract. It does not limit RentalTide's ownership and control of the checkout and commerce experience (Section 2.4) or RentalTide's role in fronting Booking costs under Reserve & Pay (Section 4.5).

2.4 Checkout and Commerce Platform

RentalTide owns and operates the entire checkout and commerce experience presented to Renters, in the same manner that platforms such as Shopify own and operate hosted checkout on behalf of their merchants. Specifically:

• RentalTide owns, hosts, controls, and may modify the cart, checkout, payment, and booking-confirmation flows, including their design, logic, available payment methods, pricing presentation, and the order in which options and offers are displayed.
• RentalTide orchestrates payment through its own payment infrastructure and its Stripe Connect platform arrangement. Provider authorizes RentalTide to act as its payment facilitator and technical agent to present, accept, route, and settle Renter payments on Provider's behalf.
• RentalTide may present platform services within the checkout, including the "Reserve & Pay" option (Section 4.5), optional protection products, add-ons, upsells, gift cards, and promotional offers, and may enable, disable, test, or vary such features at its discretion.
• Provider may not bypass, replicate, scrape, frame, reverse engineer, or substitute the RentalTide checkout for bookings originated through the Platform, nor divert Platform-originated bookings to an external checkout.
• The checkout's design, components, software, and underlying technology remain RentalTide's intellectual property (Section 7) even when displayed under Provider's branding or on Provider's custom domain.

Provider remains the merchant of record for the underlying rental (Section 3.3). RentalTide's ownership of the checkout technology and payment orchestration does not, by itself, make RentalTide a party to the Rental Contract.

2.5 Data, Analytics, and Revenue Optimization

Provider acknowledges and agrees that RentalTide collects, processes, aggregates, and analyzes data generated through use of the Platform, including booking, transaction, pricing, availability, customer-behavior, conversion, and checkout-interaction data, and Provider grants RentalTide a worldwide, royalty-free, perpetual, irrevocable license to use such data to:

• Operate, secure, maintain, and improve the Platform and the Services;
• Optimize Provider's own performance and help increase Provider's bookings, conversion, and revenue, including through pricing and merchandising recommendations, demand forecasting, dynamic checkout optimization, abandoned-cart recovery, marketing and re-engagement campaigns, and presentation of relevant add-ons, financing, and protection products;
• Develop, train, evaluate, and improve analytics, machine-learning, and other models and features; and
• Produce aggregated and de-identified benchmarks, insights, and industry reporting.

RentalTide may use data in aggregated or de-identified form for any lawful business purpose, including for the benefit of other operators and the Platform generally, provided such data does not identify Provider or any individual. Personal information is handled in accordance with the Privacy Policy and Section 8.

3. Provider Relationship

3.1 Independent Contractor

Provider is an independent contractor. Nothing creates an employment, partnership, joint venture, or agency relationship between Provider and RentalTide.

3.2 Direct Rental Contracts

All Rental Contracts are directly between Provider and Renter. RentalTide is NOT a party to any Rental Contract.

3.3 Provider as Merchant of Record

Provider is the sole merchant of record for all rental transactions and solely responsible for:

• Fulfilling all Rental Contracts
• Providing rental assets as described
• Handling customer service and disputes
• Issuing refunds when appropriate
• Ensuring asset safety and maintenance

4. Payment Terms

4.1 Fee Structure

Fees fall into three groups: a Platform Fee for use of the Platform, a Payment Processing Fee for handling card payments, and Processing Costs that RentalTide's payment processor bills to RentalTide and passes through to Provider. Each is described below. The rates that apply to a Provider's account are shown in the Subscription section of the Platform and on each monthly statement.

Platform Fee. Charged on the value of every Booking, regardless of how the Booking is paid. The percentage is the same on every plan. Providers on the Free plan pay it with no per-booking ceiling; providers on an annual plan pay it subject to a per-booking cap:

The cap applies per Booking, not per statement: a plan reduces the Platform Fee only on Bookings whose value exceeds the point at which 4.9% is more than $25.

Annual plans are 12-month terms charged to the payment method on file and pro-rated for the remainder of the term. Downgrades take effect at renewal. A Provider who exceeds their plan's included bookings is moved to the next plan and pays the difference for the days remaining in the term; RentalTide does not back-bill for prior periods. Volumes above the largest plan are quoted individually. Every Platform feature is available on every plan, including Free.

Where a Booking is paid in cash or by another non-card method, the Platform Fee cannot be withheld at checkout. It is recorded as an outstanding platform fee and recovered from Provider's later card transactions, limited to 10% of any single transaction.

Payment Processing Fee. Charged whenever a card is used. The rate depends on the market in which Provider's account is established, on whether the card was presented in person or entered online, on whether the card was issued in Provider's own country or outside it, and on whether the card is a debit card or a credit card. Cards issued abroad cost materially more to process and are charged at a higher rate. Domestic debit cards cost materially less and are charged at a lower rate; because the cost of accepting a card issued abroad is driven by the cross-border element rather than by how the card is funded, the debit rate applies to domestic cards only. Rates therefore differ between Providers and between markets, and the rates applicable to a Provider's account are shown in the Subscription section of the Platform. A flat per-transaction amount applies in addition to the percentage, and does not vary by any of the above.

The Payment Processing Fee is identical on every plan. Choosing a plan changes the Platform Fee only.

Processing Costs. RentalTide's payment processor charges RentalTide certain costs for handling Provider's payments that no percentage rate covers. These are passed through and appear as a single itemised line on Provider's monthly statement. They include, without limitation: per-transaction terminal fees and a monthly fee for each card terminal used; fraud screening; automatic retrying of declined cards; fees for each payout to Provider's bank account and a percentage of payout volume; a monthly fee for each payments account receiving payouts; and fees for cross-border or cross-currency settlement. The unit rate for each is shown in the Subscription section of the Platform. Costs attributable to Provider's own transactions are passed through as incurred; costs that cannot be attributed to a single Provider are apportioned by Provider's share of processed volume.

Chargeback Fee. A flat $50 per chargeback, regardless of outcome. See Section 4.6.

RentalTide may change any fee prospectively on notice. Changes do not apply retroactively to Bookings already taken.

4.2 Payment Processing

• Payments processed through Stripe Connect
• Daily automatic payouts (minus fees)
• RentalTide may delay payouts pending service delivery
• Provider responsible for all chargebacks and disputes

4.3 Refund Policy

• Full refunds: Platform fees may be returned
• Partial refunds: Platform fees retained
• Processing fees: Non-refundable
• Provider solely responsible for refund decisions

4.4 Regulatory Cost Recovery Fee

RentalTide may charge a Regulatory Cost Recovery Fee at some locations, calculated as a percentage of the gross transaction amount processed through the Platform. The current rate of this fee is 0.7 percent, unless otherwise disclosed in writing.

This fee is retained by RentalTide and is used to recover a portion of the costs associated with:

• Regulatory compliance
• Government and business registrations
• Payment and merchant verification
• Tax administration and reporting
• Audit and record-keeping obligations
• Other jurisdiction-specific administrative requirements related to operating and processing transactions in the Provider's region

The Regulatory Cost Recovery Fee is not a government-imposed tax, levy, or statutory fee, and is not collected on behalf of any governmental authority.

RentalTide reserves the right to update or adjust the Regulatory Cost Recovery Fee from time to time. Any changes will be communicated in advance and will apply prospectively.

4.5 Reserve & Pay

RentalTide may, at its sole discretion, offer Renters the option to "Reserve & Pay" at checkout. Reserve & Pay lets a Renter reserve a Booking and pay for it on a short schedule that completes before the rental date. By using the Platform, Provider authorizes RentalTide to offer, operate, fund, and market this option to Renters booking with Provider, and acknowledges RentalTide's right to do so.

• RentalTide fronts the cost; Provider is paid in full, upfront, with no deduction. When a Renter elects Reserve & Pay, RentalTide advances the Booking amount to Provider's connected Stripe account so the Booking settles exactly as a paid Booking would. There is no additional cost, fee, or charge to Provider for this service. RentalTide funds the advance from its own balance; Provider is never billed for it. (Standard platform and processing fees under Section 4.1 apply to the Booking as they otherwise would; Reserve & Pay adds nothing.)
• Not credit, not a loan, not "buy now, pay later." The Renter pays in full before the rental is provided, so no credit is extended to the Renter and the Renter never receives a service and pays for it afterward. Neither Provider nor RentalTide acts as a lender or creditor; RentalTide is simply fronting the Booking cost on Provider's behalf and collecting the Renter's scheduled payments.
• RentalTide bears the funding risk and is compensated by the Renter. RentalTide collects the scheduled payments directly from the Renter, under RentalTide's own billing descriptor, and may charge the Renter a service fee for the Reserve & Pay option. Any such fee is solely between RentalTide and the Renter and never appears on Provider's ledgers, reports, payouts, or financial statements.
• Non-completion. If a Renter does not complete their Reserve & Pay schedule before the rental date, RentalTide may reverse the unfunded portion of the advance and reinstate the corresponding amount as an outstanding balance on the Booking, which is then collected through Provider's normal flow (and the rental need not be provided until the Booking is paid). RentalTide will not seek any fee from Provider in connection with a non-completion.
• Availability. Reserve & Pay is offered subject to Renter eligibility, RentalTide's working-capital availability, and platform limits, and may be introduced, modified, paused, or withdrawn at any time without affecting Bookings already settled.

4.6 Chargebacks and Disputes

Provider bears full financial responsibility for chargebacks (card disputes) arising from Provider's Bookings and transactions.

Per-chargeback fee. Each chargeback filed against a transaction processed on Provider's behalf incurs a flat Chargeback Fee of 50, charged as 50 units of Provider's settlement currency (for example $50 USD, $50 CAD, A$50 AUD, £50 GBP, €50 EUR, NZ$50 NZD). The Chargeback Fee applies regardless of the dispute's outcome, including disputes that are later resolved in Provider's favor.

Why this fee exists. Card networks and payment processors charge RentalTide non-refundable dispute-handling fees the moment a chargeback is filed, win or lose. The Chargeback Fee recovers those hard costs plus RentalTide's administrative handling, places them on the account whose transactions generated the dispute rather than spreading them across all Providers, and creates a direct incentive to operate in ways that prevent disputes: accurate listings and pricing, signed waivers and rental agreements, clear cancellation and refund policies, recognizable billing descriptors, prompt customer communication, and timely refunds where warranted.

Collection. When a chargeback is filed:

• The disputed transaction amount is reversed from Provider's connected Stripe account while the dispute is pending, consistent with card network rules.
• The Chargeback Fee is debited from Provider's available Stripe balance. If the available balance does not cover it, the unpaid portion is added to Provider's outstanding platform fees and recovered from subsequent payments processed through the Platform.
• If the dispute is resolved in Provider's favor, the disputed transaction amount is returned to Provider. The Chargeback Fee is not refunded.

Excessive disputes. Sustained or excessive chargeback activity may result in payout delays, reserve requirements, suspension of card payment features, or account termination.

4.7 Overdue Amounts

Amounts Provider owes RentalTide are ordinarily collected from Provider's payment balance. Where the balance does not cover them, including where Provider has stopped processing, closed the account, or a bank debit is returned , the amount is payable on receipt of statement or invoice.

Interest. Overdue amounts bear interest at 1.5% per month, being 18% per annum, calculated daily from the due date and compounded monthly, both before and after judgment or arbitral award, until paid in full. Interest is compensation for RentalTide being out of funds and for the cost of recovering them; it is not a penalty.

Costs of recovery. Provider shall reimburse RentalTide's reasonable costs of collecting an overdue amount, including collection agency commissions, court and arbitration filing and administration fees, and reasonable legal fees.

Returned payments. A returned, reversed or failed payment, including a bank debit returned for insufficient funds, incurs a $35 handling fee in Provider's settlement currency, reflecting the processor's returned-item charge plus handling.

While an amount is overdue, RentalTide may withhold or delay payouts, suspend card payment features, require a reserve, apply any amount otherwise payable to Provider against the balance owed, and recover the balance from subsequent payments processed through the Platform.

Currency. Amounts are payable in Provider's settlement currency. Where RentalTide has borne a cost in another currency, the amount is converted at the rate RentalTide was itself charged.

5. Provider Responsibilities

Provider is SOLELY and FULLY responsible for:

5.1 Regulatory Compliance

• All licenses, permits, and registrations
• Compliance with maritime, vehicle, and equipment laws
• Tax collection and remittance
• Environmental and safety regulations
• Consumer protection laws

5.2 Insurance Requirements

• Commercial general liability (minimum $2,000,000)
• Asset-specific coverage
• Workers' compensation
• Business interruption insurance
• Cyber liability insurance

5.3 Asset Management

• Asset safety, maintenance, and inspection
• Accurate descriptions and pricing
• Availability management
• Staff training and supervision
• Emergency procedures and safety equipment

5.4 Customer Relations

• All customer service and support
• Handling complaints and disputes
• Ensuring customer safety
• Providing safety briefings and instructions
• Managing cancellations and refunds

6. Platform Usage

Provider's use of the Platform is subject to Sections 5 (User Responsibilities and Conduct) and 7.6 (Restrictions) of the Terms of Service and to the Acceptable Use Policy. In addition, Provider shall not:

• Take a Booking that originated on the Platform off-platform to avoid Platform Fees, or encourage a Renter to do so
• Use the Platform to process payments for goods or services other than Provider's own rentals and directly related add-ons
• Use Recommendations (Section 3.8 of the Terms of Service) to fix prices with other Providers or otherwise in breach of competition law
• Allow any person other than Provider's authorized staff to access Provider's account

RentalTide may impose reasonable usage limits and may suspend features that are being used in breach of this Section.

7. Content and Intellectual Property

Section 7 of the Terms of Service applies. In addition:

• Listings and media. Provider grants RentalTide the licence in Section 7.3 of the Terms of Service over all listings, photographs, descriptions, pricing, policies, and other content Provider publishes through the Platform, including for display on RentalTide-operated marketplaces, hosted sites, search and booking channels, and in marketing that promotes Provider's rentals
• Provider warranties. Provider warrants that its content is accurate, that it holds all rights and releases needed (including from any person appearing in photographs), and that its content does not infringe any right or violate any law
• Templates and generated documents. Waiver, contract, checklist, and message templates and any document generated from them are provided as a convenience, are not legal advice, and are used at Provider's sole risk. RentalTide retains all rights in the templates
• RentalTide marks. Provider may use RentalTide's name and marks only as supplied by RentalTide and only to identify that Provider uses the Platform. Provider may not register any domain, social media handle, or trademark that includes RentalTide's marks or is confusingly similar to them

8. Data Processing

Provider acts as an independent data controller for customer data. Provider must:

• Maintain own privacy policy
• Ensure GDPR/CCPA compliance
• Obtain necessary consents
• Handle data subject requests
• Report breaches within 72 hours

9. Security Requirements

• Mandatory two-factor authentication (2FA)
• Strong password requirements
• Regular security audits
• Immediate breach notification
• PCI DSS compliance for payment data

10. Insurance Requirements

Provider shall maintain, at its own cost and for the term of these Terms and for two years afterwards for claims-made policies, at least the insurance listed in Section 5.2, with insurers rated A- or better by A.M. Best or an equivalent rating agency, and any additional insurance required by law or by the nature of Provider's assets (including marine, aviation, or motor vehicle policies where applicable). On request, Provider shall provide certificates of insurance within five business days. Provider's insurance is primary, and RentalTide's insurance, if any, is non-contributory. Where permitted by the policy, Provider shall name RentalTide as an additional insured on its commercial general liability policy. RentalTide's requirements are minimums and are not a representation that they are adequate for Provider's business.

11. Compliance and Warranties

Provider represents and warrants, on acceptance and continuously while using the Platform, that:

• Provider is duly organized, in good standing, and has authority to enter into these Terms
• Provider holds every licence, permit, registration, and approval needed to operate its rental business and to offer every asset listed on the Platform
• Provider's rental operations, assets, protection products, and marketing comply with all applicable laws, including safety, consumer protection, privacy, anti-discrimination, and accessibility laws
• The information Provider supplies to RentalTide and to its payment processor is accurate and complete, and Provider will update it promptly
• Provider is not, and is not owned or controlled by, a person subject to sanctions or on a government prohibited persons list
• Provider will comply with the card network rules and the Stripe Connected Account Agreement

Provider shall notify RentalTide within two business days of any regulatory investigation, licence suspension, insurance cancellation, serious injury or death connected with a rental, or data breach affecting Renter data.

12. Tax Obligations

Provider is solely responsible for determining, collecting, reporting, and remitting every tax on its rentals, protection products, and other sales, including sales, use, goods and services, harmonized, value-added, lodging, and environmental taxes and levies, and for any taxes on RentalTide's fees other than RentalTide's own income taxes. RentalTide may be required by law to report Provider's transactions to tax authorities and to collect tax identification information, and Provider shall supply that information on request. Tax tools and reports in the Platform are provided for convenience only and are not tax advice. Provider indemnifies RentalTide under Section 15 for any tax, penalty, or interest assessed against RentalTide in respect of Provider's transactions.

13. Audit Rights

RentalTide may, on reasonable notice and no more than twice in any 12-month period (or at any time where RentalTide reasonably suspects fraud, a breach of these Terms, or a payment network requirement), request records reasonably needed to verify Provider's compliance with these Terms, including licences, insurance certificates, rental agreements, and records of Bookings and refunds. Provider shall provide them within ten business days. RentalTide may also share Provider information with its payment processor, card networks, regulators, and law enforcement where required by law or by the card network rules, and may respond to a lawful government request for Provider's information without notice to Provider where the law requires or permits.

14. Term and Termination

14.1 Term: Indefinite until terminated
14.2 Termination by Provider: 30 days written notice
14.3 Termination by RentalTide: Immediate for breach, fraud, non-payment, or a risk, legal, or processor requirement; 30 days written notice otherwise, without liability
14.4 Effect: Provider must fulfill existing bookings; indemnification survives

14.5 Post-Termination Reserve

Card networks allow a Renter to dispute a transaction for months after it settles. When an account closes, those disputes still arrive, and the balance they would normally be recovered from is gone. RentalTide therefore holds a reserve after termination.

Amount. On termination of these Terms by either party, RentalTide may withhold from Provider's final payouts a Post-Termination Reserve equal to two times Provider's highest single day of gross processed volume in the twelve months preceding termination. Where Provider processed for fewer than twelve months, the highest single day in the period actually processed is used.

Duration. The reserve is held for sixty (60) days from the later of the date of termination and the last rental date of any Booking taken before termination.

What it covers. During the hold, RentalTide may apply the reserve against chargebacks, refunds, reversals, Chargeback Fees, outstanding platform fees, and any other amount Provider owes under these Terms. RentalTide will not apply it to anything else.

Release. RentalTide releases the remaining balance to Provider within ten (10) business days of the end of the hold period, together with a statement of any amounts applied. If a dispute is still open when the period ends, RentalTide may continue to hold only the amount reasonably necessary to cover that dispute, and releases the rest on schedule.

Shortfall. The reserve is security, not a cap. If chargebacks and other amounts owed exceed the reserve, Provider remains liable for the difference.

Waiver or reduction. RentalTide may reduce or waive the reserve at its discretion, for example where Provider has a low dispute history, gave advance notice of departure, or has no Bookings with future rental dates.

⚠️ Note that the card networks' dispute window can extend beyond sixty days , commonly up to 120 days from the transaction, and longer in limited circumstances. A released reserve does not discharge Provider's liability for a dispute filed afterwards.

15. INDEMNIFICATION (CRITICAL)

15.1 COMPLETE INDEMNIFICATION BY PROVIDER

Provider agrees to INDEMNIFY, DEFEND, and HOLD HARMLESS RentalTide, its parent companies, subsidiaries, affiliates, officers, directors, employees, agents, successors, and assigns from and against ANY AND ALL:

• Claims, demands, actions, suits, proceedings
• Losses, liabilities, damages, costs, and expenses
• Attorneys' fees and legal costs
• Settlements, judgments, penalties, and fines
• Investigation and defense costs

15.2 Scope of Indemnification

This indemnification applies to claims arising from:

• Rental Operations: Any aspect of Provider's rental business
• Personal Injury/Death: Injuries, deaths, or medical issues
• Property Damage: Damage to rental assets or third-party property
• Accidents: Boating, vehicle, or equipment accidents
• Negligence: Provider's negligence or gross negligence
• Product Liability: Defective or unsafe equipment
• Breach of Contract: Failure to fulfill Rental Contracts
• Regulatory Violations: Non-compliance with laws
• Tax Issues: Failure to collect or remit taxes
• Misrepresentation: False or misleading information
• Privacy Breaches: Unauthorized data disclosure
• Intellectual Property: IP infringement claims
• Employment Claims: Claims by Provider's employees
• Environmental Issues: Pollution or environmental damage
• Criminal Acts: Criminal activities by Provider or staff

15.3 Defense Obligations

Provider shall, at its own expense:

• Assume defense of any claim with counsel approved by RentalTide
• Pay all defense costs and attorneys' fees
• Not settle without RentalTide's written consent
• Allow RentalTide to participate with its own counsel

15.4 Survival

This indemnification obligation survives termination of these Terms indefinitely. It applies whether or not RentalTide is alleged to have been negligent, except that Provider is not required to indemnify RentalTide for the portion of a loss that a court or arbitrator finally determines was caused by RentalTide's gross negligence, fraud, or wilful misconduct. RentalTide controls the defence and settlement of any indemnified claim as set out in Section 16.2 of the Terms of Service, and a delay by RentalTide in notifying Provider of a claim relieves Provider only to the extent Provider was materially prejudiced by it.

16. LIMITATION OF LIABILITY

16.1 NO LIABILITY FOR RENTAL OPERATIONS

To the maximum extent permitted by law, RentalTide has ZERO LIABILITY for any aspect of rental operations, including injuries, deaths, property damage, or any other losses, and for any Recommendation (as defined in Section 3.8 of the Terms of Service) or Provider's reliance on it.

16.2 MAXIMUM LIABILITY CAP

If RentalTide is found liable despite these limitations, the total aggregate liability of both RentalTide companies and their affiliates together, under these Terms, the Terms of Service, and every other agreement between Provider and RentalTide, shall not exceed the lesser of $100 CAD and the platform and subscription fees Provider paid to RentalTide in the 12 months preceding the event giving rise to the claim, regardless of the nature or number of claims. This is the same cap as Section 15.3 of the Terms of Service, not an additional amount, and it applies even if a remedy fails of its essential purpose.

16.3 EXCLUSIONS

RentalTide is not liable for:

• Indirect, incidental, or consequential damages
• Lost profits or business opportunities
• Loss of data or business interruption
• Reputational harm
• Punitive or exemplary damages
• Losses arising from third-party services, including a payment processor's decision to hold funds, reject a transaction, or close an account
• Unauthorized access to Provider's account or data

in each case however caused and even if RentalTide was advised of the possibility of the loss.

16.4 PROVIDER ACKNOWLEDGMENT

Provider acknowledges that these limitations are reasonable given RentalTide's limited role as a technology platform and that fees are based on these limitations.

17. DISPUTE RESOLUTION

⚠️ ARBITRATION AGREEMENT

By accepting these Terms, you agree to BINDING ARBITRATION and waive rights to:

• Jury trials
• Class action lawsuits
• Court proceedings (except small claims)

17.1 Mandatory Arbitration

All disputes shall be resolved through binding arbitration, seated according to the RentalTide company that is party to these Terms under Section 1:

A single arbitrator shall be appointed under the applicable rules. Either party may instead bring a claim within the monetary limit of a small claims court in the seat named above, or in the jurisdiction of Provider's principal place of business, and either party may seek injunctive relief to protect intellectual property or account security in any court of competent jurisdiction.

17.2 Class Action Waiver

No class, collective, or representative actions permitted. All claims must be brought individually.

17.3 Statute of Limitations

To the maximum extent permitted by law, all claims by Provider against RentalTide must be brought within SIX (6) MONTHS of the event giving rise to the claim, or they are permanently barred. This period does not apply to RentalTide's claims for unpaid amounts, chargebacks, or breach of Sections 6, 7, or 9.

17.4 Governing Law

These Terms are governed, without regard to conflict of law principles, by:

• the laws of the State of Delaware, United States, where RentalTide Inc. (Delaware) is the contracting company under Section 1; or
• the laws of the Province of Ontario and the federal laws of Canada applicable therein, where RentalTide Inc. (Canada) is the contracting company under Section 1.

Where the law of Provider's own jurisdiction confers a right on Provider that cannot be excluded by agreement, nothing in these Terms excludes it, to the extent it cannot be excluded and only to that extent.

17.5 Australian Small Business Providers

If Provider is an Australian Small Business Customer as defined in Section 20.5 of the Terms of Service, that Section applies to these Terms and prevails over Sections 4.7, 14, 15, 16, 17.1, 17.2, and 17.3 to the extent of any inconsistency. In particular, for such a Provider: fee changes and materially adverse changes carry 30 days' notice and a right to exit with a pro-rata refund of prepaid subscription fees; suspension without notice is limited to fraud, security, legal, and processor requirements; termination for breach requires notice and a 14-day cure period where the breach can be remedied; the indemnity in Section 15 is proportionate and excludes losses caused by RentalTide's own breach, negligence, or wilful misconduct; the cap in Section 16.2 is the fees paid in the preceding 12 months (or AUD 100 if greater); Section 17.3 does not apply; and arbitration is seated in Sydney under the Expedited Arbitration Rules of the Australian Centre for International Commercial Arbitration.

17.6 Relationship to the Terms of Service

These Terms supplement the Terms of Service. Sections 15 (Limitation of Liability), 16 (Indemnification), 18 (Dispute Resolution and Arbitration), 19 (Limitation Period), 20 (Governing Law and Jurisdiction), and 21 (Miscellaneous Provisions) of the Terms of Service apply to Provider in addition to this Section 17 and Sections 15 and 16 of these Terms. Where they address the same subject, these Terms govern for the subject matter specific to Providers, and the Terms of Service govern everything else.

18. General Provisions

Section 21 (Miscellaneous Provisions) of the Terms of Service applies to these Terms, including the provisions on notices, assignment, confidentiality, relationship of the parties, no third-party beneficiaries, equitable relief, interpretation, survival, and language. Sections 4.6, 4.7, 7, 8, 12, 13, 14.5, 15, 16, and 17 of these Terms survive termination.

ACCEPTANCE AND ACKNOWLEDGMENT

By clicking "Accept," creating an account, or using the Platform, Provider:

• Accepts all terms and conditions without reservation
• Acknowledges reading and understanding all provisions
• Agrees to full indemnification obligations
• Accepts binding arbitration and liability limitations
• Confirms authority to bind the business entity
• Acknowledges RentalTide's limited platform-only role

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE PLATFORM

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Last Updated: September 15, 2026
Effective Date: September 15, 2026 for new Providers, and October 15, 2026 for Providers who accepted an earlier version
Version: 1.6

CHANGES IN VERSION 1.6

• Section 1: named the Canadian contracting company. It is RentalTide Inc., a Canadian corporation (Business Number 783525165), referred to as RentalTide Inc. (Canada). The two companies share a name but are separate legal persons.
• Section 14.3: termination by RentalTide other than for cause now requires 30 days' notice (previously 15), matching the Terms of Service, and is without liability.
• Section 15.4: the indemnity no longer applies "regardless of whether RentalTide was negligent or at fault". It now excludes the portion of a loss finally determined to have been caused by RentalTide's gross negligence, fraud, or wilful misconduct, and RentalTide controls the defence of indemnified claims.
• Section 16: the cap is now the same single cap as Section 15.3 of the Terms of Service (the lesser of $100 CAD and fees paid in the preceding 12 months), shared across both RentalTide companies and every agreement, rather than an additional $100. Added exclusions for third-party services, unauthorized account access, and Recommendations.
• Section 17.3: the six-month limitation period no longer applies to RentalTide's own claims for unpaid amounts or chargebacks.
• New Section 17.5 (Australian Small Business Providers) applying Section 20.5 of the Terms of Service, and new Section 17.6 stating how these Terms relate to the Terms of Service.
• Added Sections 6, 7, 10, 11, 12, 13, and 18, which the table of contents listed but the document did not contain: platform usage, content and intellectual property, insurance, compliance warranties, tax, audit rights, and general provisions. Each incorporates the matching section of the Terms of Service and adds Provider-specific obligations.
• Removed em dashes throughout in favour of plain punctuation. No change in meaning.

CHANGES IN VERSION 1.5

• Added a "RentalTide" definition to Section 1 identifying which of the two RentalTide companies is party to these Terms. RentalTide Inc. (Delaware) contracts with Providers outside Canada; RentalTide's Canadian company contracts with Providers in Canada. The two are separate legal persons and only the one named for a Provider's location is party to, or enforceable under, these Terms.
• Added Section 4.7 (Overdue Amounts): interest at 1.5% per month (18% per annum) on amounts not collected from the payment balance, reimbursement of reasonable costs of collection, a $35 returned-payment handling fee, and RentalTide's ability to withhold payouts, require a reserve and set off against amounts otherwise payable while a balance is overdue.
• Rewrote Section 17.1 (Mandatory Arbitration) to seat arbitration with the contracting company, AAA rules in Wilmington, Delaware for the US company, ADR Institute of Canada rules in Ottawa for the Canadian company. The previous text named ICC rules, which conflicted with the arbitral body named in the Terms of Service. Preserved the small claims and injunctive-relief carve-outs and made the small claims option available in the Provider's own jurisdiction.
• Rewrote Section 17.4 (Governing Law) to follow the contracting company: Delaware law for the US company, Ontario and Canadian federal law for the Canadian company, with a saving for non-excludable rights under a Provider's local law.

CHANGES IN VERSION 1.4

• Section 4.1 (Fee Structure): corrected the Platform Fee on the annual plans. Core, Scale and Fleet are 4.9% capped at $25 per booking, not 2.9% capped at $25. The percentage is the same on every plan, including Free: what an annual plan buys is the per-booking ceiling, not a lower rate. The table in version 1.3 stated 2.9%, which was the earlier design and was never charged to any Provider. No Provider held an annual plan while version 1.3 was in effect, and the Free plan terms are unchanged, so no account was repriced.
• Section 4.1: added that the cap applies per Booking rather than per statement, so an annual plan reduces the Platform Fee only on Bookings large enough for 4.9% to exceed $25.
• Section 4.1 (Fee Structure): the Payment Processing Fee now also varies by whether the card is a debit card or a credit card. Domestic debit cards cost materially less to accept and are charged at a lower rate. The debit rate applies to domestic cards only, the cost of accepting a card issued abroad is driven by the cross-border element rather than by how the card is funded, so cross-border cards are charged the same whether they are debit or credit. The flat per-transaction amount does not vary by any of these factors.
• This change reduces the rate charged on affected transactions. No rate was increased.

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Last Updated: August 16, 2026
Effective Date: August 16, 2026
Version: 1.3

CHANGES IN VERSION 1.3

• Rewrote Section 4.1 (Fee Structure). The Platform Fee is now set by plan (Free at 4.9% uncapped; Core, Scale and Fleet at 2.9% capped at $25 per booking) with the annual prices and included volumes stated. The Payment Processing Fee is described as varying by market, by whether the card was presented in person or entered online, and by whether the card was issued in Provider's own country, replacing the single flat rate previously shown.
• Added Processing Costs to Section 4.1: terminal, payout, fraud-screening, card-retry, payments-account and cross-border costs that the payment processor bills to RentalTide are passed through, itemised on the monthly statement, with unattributable costs apportioned by share of processed volume.
• Added Section 14.5 (Post-Termination Reserve): on termination RentalTide may hold two times Provider's highest single day of processed volume for 60 days to cover chargebacks and amounts owed, released with a statement, with Provider remaining liable for any shortfall.
• Clarified the currency of the Chargeback Fee: it is 50 units of Provider's settlement currency, not solely US or Canadian dollars. RentalTide bills Providers in eight settlement currencies.
• Stated in Section 4.1 how the Platform Fee on a cash or non-card Booking is recorded as an outstanding platform fee and recovered from later card transactions, limited to 10% of any single transaction.

CHANGES IN VERSION 1.2

• Updated Section 4.1 (Fee Structure) and added Section 4.6 (Chargebacks and Disputes): the Chargeback Fee is now a flat $50 (USD or CAD, per Provider's settlement currency) per chargeback, charged regardless of outcome, collected from Provider's Stripe balance or, if unavailable, added to Provider's outstanding platform fees. The section explains why the fee exists (non-refundable card network and processor dispute costs plus handling) and how collection works.