Terms of service

GEAR TRYBE USER AGREEMENT

Effective Date: [Insert Date]

This User Agreement ("Agreement") is entered into by and between you (the "User") and Gear Trybe, Inc. ("Gear Trybe," "we," or "us"). This Agreement governs your access to and use of the Gear Trybe website, mobile application, and associated services (collectively, the "Platform"). By accessing or using the Platform, you agree to be bound by this Agreement and our Privacy Policy, as well as any additional policies referenced herein. If you do not agree to these terms, you must not access or use the Platform.

1. Overview of Gear Trybe

Gear Trybe operates a rental and resale marketplace that allows Users to lease, rent, or purchase sporting goods and equipment, either directly from Gear Trybe or from independent third-party sellers registered on the Platform ("Trybal Sellers"). Gear Trybe does not own all items listed for rent or sale and is not a party to all transactions, unless explicitly stated.

2. Eligibility and Account Requirements

Users must be at least eighteen (18) years of age or the age of majority in their jurisdiction to create an account. By registering, you represent and warrant that all information provided is accurate and complete and that you will maintain and promptly update your account information. You are responsible for maintaining the confidentiality of your login credentials and all activity that occurs under your account.

3. Membership Terms

Gear Trybe offers multiple membership tiers with different features, including Basic, MVP Lite, and Hall of Fame (HOF). Memberships may include benefits such as discounted prices, swap allowances, and rental access. Membership fees are recurring and non-refundable except as required by law. Basic Membership permits Users to purchase items at a discount but does not entitle them to exchange or return items once purchased.

4. Rental and Lease Provisions

If a User rents or leases equipment through the Platform, they agree to return all items by the due date and in the condition received, subject to reasonable wear and tear. The User retains possession only and does not acquire ownership unless a lease-to-own agreement is fulfilled. Gear Trybe or the Trybal Seller remains the lawful owner of all rented or leased equipment until full ownership is transferred through a completed buyout. Users may incur additional charges for late returns, lost items, or excessive damage. All rental items must be returned using the instructions provided. Users authorize Gear Trybe to charge their saved payment method for any applicable fees resulting from rental violations.

5. Payment and Financing Terms

Users agree to pay all applicable charges at the time of checkout, including but not limited to membership fees, item prices, taxes, and rental charges. Certain financing options, such as Snap Finance, may be offered by third-party providers, and all approvals, terms, and payment obligations associated with those providers are governed by separate agreements between the User and the financing entity.

6. Prohibited Conduct

Users agree not to engage in fraudulent activity, attempt to circumvent rental or membership terms, use the Platform for unauthorized commercial purposes, or list, purchase, or rent any counterfeit, stolen, or restricted items. Violations of this Agreement may result in account suspension or termination and may be referred to law enforcement.

7. Returns and Refunds

Returns are only permitted in accordance with Gear Trybe's Return Policy. All rental returns must be completed and postmarked by the specified return date. Refunds may be issued following inspection and approval by Gear Trybe. Items purchased under Basic Membership or through lease-to-own agreements are generally not eligible for return unless defective.

8. Disclaimer of Warranties

The Platform and all services and goods provided through it are offered "as is" without any warranty of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

9. Limitation of Liability

In no event shall Gear Trybe be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to this Agreement or the User’s use of the Platform. Our total liability shall not exceed the amount paid by the User to Gear Trybe in the twelve (12) months preceding the claim.

10. Modification of Terms

Gear Trybe reserves the right to amend this Agreement at any time. Updated versions will be posted to the Platform with an updated effective date. Continued use of the Platform after such changes constitutes acceptance of the revised terms.

11. Governing Law and Dispute Resolution

This Agreement shall be governed by the laws of the State of [Insert State], without regard to its conflict of law principles. Any dispute arising from or relating to this Agreement shall be resolved through binding arbitration in [Insert Venue], except that either party may seek injunctive or equitable relief in court for violations of intellectual property or confidential information.

12. Contact Information

For questions regarding this Agreement, please contact us at legal@geartrybe.com.

TRYBAL SELLER AGREEMENT

Effective Date: [Insert Date]

This Seller Agreement ("Agreement") is made between you (the "Seller") and Gear Trybe, Inc. ("Gear Trybe"). This Agreement sets forth the terms and conditions under which Sellers may list, rent, and sell items on the Gear Trybe Platform.

1. Seller Eligibility

Sellers must be at least eighteen (18) years old and capable of forming legally binding contracts. Sellers are required to maintain accurate account and payment information. Gear Trybe reserves the right to approve, reject, or suspend any Seller account at its sole discretion.

2. Listing and Fulfillment

Sellers agree to list only authentic, lawful, and deliverable items. Each listing must include accurate descriptions and pricing. Sellers are responsible for fulfillment unless enrolled in Gear Trybe’s Fulfillment Services. All rental listings must specify item condition, return windows, and terms. Sellers shall honor all transactions and shall not cancel sales without cause.

3. Rental Inventory and Condition

If a Seller offers rental items, they must ensure each item is functional, safe, and clean. Rental items must be shipped promptly and include any accessories or components as described. Sellers shall inspect all returned rentals and may propose deductions for damage, subject to Gear Trybe’s approval.

4. Fees and Payouts

Sellers agree to pay Gear Trybe a platform fee of fifteen percent (15%) on each completed transaction. Additional fees may apply for promoted listings, fulfillment services, or premium features. Payouts will be processed per the payout schedule, net of applicable fees.

5. Returns and Disputes

Sellers must comply with Gear Trybe’s return and dispute resolution policies. In the event of a return or damage claim, Sellers shall cooperate with Gear Trybe to determine responsibility and issue partial or full refunds as necessary. Gear Trybe reserves the right to resolve disputes in its sole discretion.

6. Prohibited Items and Conduct

Sellers shall not list counterfeit, recalled, hazardous, or unauthorized items. Sellers may not solicit transactions off-platform or interfere with another Seller’s business. Violation of these terms may result in suspension or permanent removal from the Platform.

7. Limitation of Liability

Gear Trybe shall not be liable for any indirect, incidental, or consequential damages arising from this Agreement. Gear Trybe’s aggregate liability to any Seller shall not exceed the total fees paid to the Seller in the preceding six (6) months.

8. Termination

This Agreement may be terminated by either party at any time with notice. Upon termination, all pending obligations shall remain enforceable. Gear Trybe reserves the right to withhold payouts pending investigation of fraud or breach.

9. Modifications

Gear Trybe may update this Agreement at any time. Continued use of the Platform after notice constitutes acceptance of the updated terms.

10. Governing Law and Jurisdiction

This Agreement shall be governed by the laws of the State of [Insert State]. Any disputes shall be subject to binding arbitration in [Insert Venue], except for equitable relief claims.

11. Contact Information

Questions about this Agreement may be directed to partners@geartrybe.com.

Gear Trybe Alpha & Alpha Ultra Membership Terms of Service

Effective Date: [Insert Effective Date]

These Terms of Service (“Terms”) govern your access to and use of the Gear Trybe Alpha and Alpha Ultra Membership programs (“Memberships”), provided by Gear Trybe (“Company,” “we,” “our,” or “us”). By enrolling in a Membership, you agree to be bound by these Terms.

1. Membership Tiers and Benefits

Alpha Membership

  • Annual Fee: $150

  • Benefits Include:

    • 10% off all Trybe-It fees

    • Up to $5 off each monthly payment

    • Discounts capped at $100 per order

    • 5% off all Alpha Trybe item purchases

    • Unlimited use for 12 months from the date of purchase

Alpha Ultra Membership

  • Annual Fee: $500

  • Benefits Include:

    • $100 off your Trybe-It fee and first monthly payment on orders under $1,000

    • $250 off your Trybe-It fee and first monthly payment on orders over $1,000

    • 10% off all Alpha Trybe item purchases

    • 5% off all items sitewide

    • Unlimited use for 12 months from the date of purchase

2. Changes to Membership Benefits

Gear Trybe reserves the right to modify, add, or remove Membership benefits at any time. Members will receive at least 30 days' notice via email or posted notice on our website before any such changes take effect.

3. Alpha Ultra Lease Limitations

Alpha Ultra members may lease up to three (3) items at any given time. To initiate a fourth item lease, a successful monthly payment must be made on at least one of the current leases. This limitation is in place to maintain fair usage and inventory access across our community.

4. Term and Renewal

Each membership lasts for 12 consecutive months from the date of activation and is set to automatically renew each year using the payment method on file.

It is the responsibility of the member to notify Gear Trybe within 30 days of the renewal date if they wish to cancel and have not used any membership benefits. If no benefits have been used, and cancellation is requested within this 30-day period, a refund may be issued at Gear Trybe’s discretion. After 30 days or upon any usage of benefits, the membership becomes non-refundable for the current term.

Renewal notifications will be sent via email at least 15 days prior to the renewal date. Members may manage or cancel their membership by contacting support@geartrybe.com or accessing their account settings.

5. Cancellation and Refund Policy

Membership fees are non-refundable after purchase. Members may cancel future renewals at any time, but access to benefits will remain active for the remainder of the current membership term.

6. Account Responsibility

Members are responsible for maintaining the confidentiality of their account information and for all activity that occurs under their account. Sharing of memberships or benefits is prohibited and may result in termination of membership without refund.

7. Abuse or Misuse

Gear Trybe reserves the right to suspend or revoke membership benefits if a member engages in fraudulent activity, abuse of the program, or violation of these Terms.

8. Limitation of Liability

Gear Trybe shall not be liable for any indirect, incidental, special, or consequential damages arising from or related to your membership. Total liability under these Terms shall not exceed the membership fee paid.

9. Governing Law

These Terms shall be governed by the laws of the State of [Insert State], without regard to conflict of laws principles.

10. Contact Us

If you have any questions about your membership or these Terms, please contact us at:
📧 support@geartrybe.com