Terms of Service
Please read these Terms of Service ("Terms") carefully before using the Pitstop mobile application ("App," "Platform," or "Service") operated by Pitstop ("Company," "we," "us," or "our"). By downloading, accessing, or using the App, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, do not use the Service.
1. PLATFORM ROLE AND NATURE OF SERVICE
Pitstop is a peer-to-peer marketplace that connects individuals who list garage or workshop spaces ("Hosts") with individuals who seek to rent such spaces ("Renters"). Pitstop acts solely as a technology intermediary and does not own, operate, manage, inspect, control, or maintain any garage or workspace listed on the Platform.
Pitstop is not a party to any agreement, transaction, or relationship between a Host and a Renter. Any booking made through the Platform is a direct contractual arrangement between the Host and the Renter. Pitstop expressly disclaims any responsibility or liability arising from such arrangements.
2. ELIGIBILITY
You must be at least 18 years of age to use this Platform. By using the Service, you represent and warrant that you are 18 or older and have the legal capacity to enter into binding agreements. Use of the Platform by anyone under 18 is strictly prohibited.
3. USER ACCOUNTS
You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to provide accurate, current, and complete information during registration and to update such information as necessary. We reserve the right to suspend or terminate your account if any information provided is inaccurate, misleading, or incomplete.
4. HOST RESPONSIBILITIES
By listing a space on Pitstop, Hosts represent, warrant, and agree that:
• They have the legal right to list and rent the described space
• All listing information, including photos, descriptions, pricing, and availability, is accurate, truthful, and not misleading
• The listed space complies with all applicable local, state, and federal laws, codes, zoning ordinances, and regulations
• The space is in a safe, habitable, and functional condition at the time of each booking
• They will not discriminate against Renters on the basis of race, color, religion, national origin, sex, disability, familial status, or any other protected class
• They accept full responsibility for the condition, safety, and maintenance of their listed space
• They will resolve disputes with Renters directly and in good faith
• Hosts acknowledge that Pitstop does not verify, inspect, or certify any listed space and that Pitstop makes no representations regarding the accuracy of any listing.
5. RENTER RESPONSIBILITIES
By booking a space on Pitstop, Renters represent, warrant, and agree that:
• They will use the booked space only for lawful purposes and in a manner consistent with the listing description
• They will not use the space for any illegal activity, including but not limited to the storage, manufacture, or distribution of illegal substances or unlicensed firearms
• They are solely responsible for all tools, equipment, vehicles, and personal property brought onto the premises
• They will leave the space in the same condition as they found it
• They will comply with all Host rules and any applicable laws during their use of the space
• They accept full personal responsibility for their actions and conduct during the booking period
6. ASSUMPTION OF RISK AND RELEASE OF LIABILITY
BY USING THE PITSTOP PLATFORM, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO THE FOLLOWING:
6.1
Assumption of Risk.
Use of garage and workshop spaces involves inherent risks, including but not limited to physical injury, death, property damage, exposure to hazardous materials, and equipment malfunction. You voluntarily assume all such risks.
6.2
Release.
To the maximum extent permitted by applicable law, you hereby release, waive, discharge, and covenant not to sue Pitstop, its officers, directors, employees, agents, successors, and assigns from any and all claims, demands, damages, losses, costs, and expenses (including attorneys' fees) arising out of or related to:
• Any injury, illness, or death sustained while using or accessing a listed space
• Any damage to or loss of vehicles, tools, equipment, or personal property
• Any acts or omissions of a Host or Renter
• Any condition of a listed space
• Any dispute between a Host and a Renter
6.3
Indemnification.
You agree to indemnify, defend, and hold harmless Pitstop and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with your access to or use of the Service, your violation of these Terms, or your violation of any rights of another person or entity.
7. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, PITSTOP EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
PITSTOP DOES NOT WARRANT THAT:
• THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE
• ANY LISTING IS ACCURATE, COMPLETE, OR SAFE
• ANY USER WILL FULFILL THEIR OBLIGATIONS
8. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PITSTOP BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE SERVICE, EVEN IF PITSTOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL PITSTOP'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO PITSTOP IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. BOOKINGS AND PAYMENTS
9.1
Booking Agreement.
A booking constitutes a direct agreement between Host and Renter. Pitstop facilitates the transaction but is not a party to it.
9.2
Payment Processing.
Payments are processed through Stripe. By using the payment features of the Platform, you agree to Stripe's Terms of Service, available at stripe.com/legal.
9.3
Platform Fees.
Pitstop may charge service fees to Hosts, Renters, or both. Current fee structures will be disclosed at the time of booking. Pitstop reserves the right to modify its fee structure at any time with reasonable notice.
9.4
Cancellations and Refunds.
Cancellation and refund policies are determined by the Platform. Pitstop reserves the right to modify cancellation policies at any time.
9.5
Pricing.
All pricing is set by Hosts. Pitstop does not set, control, or guarantee any pricing.
10. PROHIBITED CONDUCT
You agree not to use the Platform to:
• Violate any applicable law, regulation, or ordinance
• Engage in fraudulent, deceptive, or misleading conduct
• Misrepresent your identity or affiliation
• List, rent, or use spaces for illegal purposes
• Damage, destroy, or deface any property
• Harass, threaten, or harm any other user
• Circumvent the Platform's payment system
• Scrape, copy, or redistribute Platform content without authorization
• Introduce malware, viruses, or harmful code
• Impersonate another person or entity
11. INTELLECTUAL PROPERTY
All content on the Platform, including but not limited to text, graphics, logos, and software, is the property of Pitstop or its licensors and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works without our express written permission.
User-generated content (such as listing photos and descriptions) remains the property of the user, but by posting such content you grant Pitstop a non-exclusive, royalty-free, worldwide license to use, display, and distribute that content in connection with the Service.