# User Agreement and Consent **MarigoldShare** — Account Creation Agreement **Effective Date:** April 15, 2026 **Last Updated:** April 15, 2026 --- ## Welcome to MarigoldShare By creating an account, you are entering into a legally binding agreement with **Marigold Intelligence LLC**. Please read this User Agreement carefully before proceeding. This Agreement governs your use of MarigoldShare and incorporates all of our legal policies. By completing the consent checkboxes and clicking "Create Account" below, you acknowledge that you have read, understood, and agree to be bound by this Agreement and all incorporated policies. --- ## 1. Documents You Are Agreeing To By creating an account, you agree to the following documents, each of which is incorporated into this Agreement by reference: 1. **Terms of Service** — The master legal agreement governing your use of the app, including account rules, content rights, Item listing and rental transactions, platform governance, liability limitations, and dispute resolution. 2. **Privacy Policy** — How we collect, use, share, and protect your personal information, including how we handle your login credentials and session tokens, and our use of third-party service providers such as Google Firebase and Google Workspace. 3. **Cookie Policy** — Our use of cookies, device identifiers, and similar technologies for app functionality, analytics, and push notifications. 4. **Community Bylaws** — Rules governing conduct within your community, including Item listings, rental obligations, replacement cost rules, payment settlements, and dispute resolution by community admins. The Bylaws also describe the Phase 1 governance framework under which the platform currently operates. 5. **Liability Waiver and Disclaimer** — Your acknowledgment and assumption of risks associated with Item lending and borrowing, and release of MarigoldShare from liability for injuries, damages, or losses. 6. **Acceptable Use Policy** — Permitted and prohibited Item categories, conduct rules, and platform integrity requirements. 7. **End User License Agreement (EULA)** — License terms for use of the MarigoldShare software, third-party service disclosures, and protection of our intellectual property. **You can access the full text of each document at any time in the app under Settings > Legal.** --- ## 2. Summary of Key Terms Here is a plain-language summary of the most important terms you are agreeing to. **This summary does not replace the full legal documents**, which you should read in their entirety before creating an account. ### Your Account You must be at least **18 years old** to create an account. You are responsible for maintaining the security of your account and device, and for all activity that occurs under your account. You must provide accurate information and keep it up to date. **Minors may not use the Services under any circumstances, including through your account.** Account sharing is strictly prohibited. ### Item Sharing and Rentals MarigoldShare is a community lending platform for any physical Item that can be legally owned and lent between individuals — including tools, sports equipment, musical instruments, camping gear, toys, games, baby equipment, and more. Items with a declared replacement cost exceeding **$300** may not be listed on the platform. As a **Lender**, you agree to list only Items you own or are authorized to lend, accurately describe their condition, declare an honest replacement cost not exceeding $300, and honor confirmed lending agreements. The replacement cost you declare at the time of listing is the **maximum you may recover under any circumstances**, regardless of the Item's actual market value. As a **Renter**, you agree to use Items safely and for their intended purposes, return them on time and in good condition, pay agreed rental costs promptly, and pay replacement costs up to the Lender's declared replacement cost if an Item is lost, stolen, or damaged beyond normal wear. **MarigoldShare is a platform only.** We do not own, inspect, insure, or guarantee any Items. All rental arrangements are solely between community Members. We do not process, hold, or transfer payments — all payments are settled directly between Members. ### Financial Settlements The bill splitting system is designed for **small, low-value transactions** — making everyday community lending frictionless without the overhead of individual payments for each rental. Borrowing a screwdriver, a board game, or a mixing bowl should not require a separate payment transfer. Bill splitting accumulates small charges across the month and calculates a single simplified settlement. An automatic **$10 rental cost threshold** determines how each rental is settled. Rentals at or below $10 are recorded in the bill splitting system and settled in the monthly cycle. Rentals above $10 require immediate direct settlement between the Lender and Renter at the time of the rental. At the end of each month, the app calculates net debts and credits among Members and sends payment notices to debtors. You must pay any amounts you owe and acknowledge payment in the app within **10 days** of receiving a notice. If a payment dispute is resolved and you are found to be at fault, you may be blocked from renting Items until all debts are cleared. **Community credit absorption risk:** When a debtor is blocked following an unresolved dispute, their outstanding unpaid credit is redistributed across active Members in the next monthly cycle. If multiple blocked accounts accumulate over time, active Members in good standing may progressively bear a growing share of redistributed credits. This is an inherent characteristic of community net settlement. By joining a community and participating in bill splitting, you accept this risk as a condition of participation. See the **Community Bylaws** Article 5.8 for the full disclosure and Section 3 of this Agreement for your explicit consent. ### Liability and Risk **Item lending and borrowing involves risk.** You assume all risk of injury, property damage, or financial loss when lending or borrowing Items. You release MarigoldShare from liability for injuries, damages, disputes, or losses arising from Item transactions. MarigoldShare provides no warranty regarding the condition, safety, or suitability of any Item. See the **Liability Waiver and Disclaimer** for full details. ### Dispute Resolution Disputes between Members about Item transactions or payments are resolved first through informal discussion, then by community admins if not resolved within 5 days, with a decision rendered within 14 days of submission. Either party may escalate an admin decision to MarigoldShare support. Disputes between you and MarigoldShare directly are subject to **binding individual arbitration** and you waive the right to a jury trial or class action (except where prohibited by law). See Section 3 for the specific consent items and the **Terms of Service** for full details. ### Platform Governance — Phase 1 Limited Release You are joining MarigoldShare during its **limited initial release (Phase 1)**. During Phase 1, Marigold Intelligence LLC retains full and sole authority over community creation, admin and super admin appointments, governance decisions, and community dissolution. Community membership during Phase 1 does not create any vested rights or entitlement to continued access. Marigold Intelligence LLC may dissolve any Phase 1 community at any time, with or without cause, with minimum liability. Where feasible, 14 days' advance notice will be given before planned dissolution. A full Phase 2 governance framework will be published at least 30 days before general public release. See Section 3 and the **Community Bylaws** Article 7 for full details. ### Secure Account Authentication MarigoldShare uses **email and password authentication** to verify your identity. Your password is transmitted only over a TLS-encrypted connection and is stored only as a cryptographic hash on our servers — your plaintext password is never stored. Upon successful login, the app receives a short-lived session token (JWT) that authorizes your requests, plus a refresh token stored securely on your device. Tokens expire automatically. --- ## 3. Your Explicit Consents Each consent below requires a **separate checkbox**. Please read each item carefully before checking. You cannot create an account without completing all checkboxes. --- ### ☐ Data Processing and Privacy - I consent to the collection, use, and sharing of my personal information as described in the **Privacy Policy**. - I understand that my profile, Item listings, and community activity will be visible to other Members of my community. - I understand that MarigoldShare uses third-party service providers including Google Firebase Cloud Messaging for push notifications and Google Workspace for email delivery, and that my data may be processed by these providers as described in the Privacy Policy. - I understand that MarigoldShare does not sell my personal information and does not currently share it with advertising networks. --- ### ☐ Secure Account Authentication - I consent to authenticating my identity using **email and password authentication**, with my session managed via encrypted tokens (JWT) that expire automatically. - I understand that my password is transmitted only over TLS-encrypted connections and is never stored in plaintext — only as a cryptographic hash. - I understand that I can change my password or delete my account at any time through app settings. --- ### ☐ Cookies and Device Technologies - I consent to the use of session tokens, device identifiers, push notification tokens (including Firebase Cloud Messaging tokens), analytics SDKs, and similar technologies as described in the **Cookie Policy** for app functionality, analytics, crash reporting, and push notification delivery. - I understand that MarigoldShare does not use advertising identifiers such as IDFA or GAID. --- ### ☐ Assumption of Risk and Liability Waiver - **I acknowledge and assume all risks** associated with lending and borrowing Items through MarigoldShare, including the risk of physical injury, property damage, and financial loss. - **I release and waive any claims** against Marigold Intelligence LLC, its officers, directors, employees, and agents for any injuries, damages, or losses arising from my use of the app or participation in Item transactions, except to the extent caused by gross negligence or willful misconduct. - I understand that certain Items — particularly tools, equipment, and machinery — can be inherently dangerous, and that MarigoldShare does not inspect, certify, insure, or guarantee the safety or condition of any Item. - I understand that Items are limited to a declared replacement cost of **$300** and that the declared replacement cost is the maximum a Lender may recover under any circumstances. --- ### ☐ Community Bylaws, Payment Obligations, and Item Rules - I agree to abide by the **Community Bylaws**, including all rules regarding Item listings, rental responsibilities, declared replacement costs, financial settlements, and dispute resolution. - I understand that Items with a declared replacement cost exceeding **$300** may not be listed, and that the declared replacement cost is binding on the Lender as the absolute maximum recoverable amount. - I understand that the bill splitting system applies automatically to rentals with an agreed cost of **$10 or less**, and that rentals above $10 require immediate direct settlement between the parties. - I understand that if a payment dispute is resolved and I am found to be at fault, I may be blocked from renting Items until all debts are cleared. - **I acknowledge and accept the community credit absorption risk:** I understand that when debtors are blocked following unresolved disputes, their outstanding unpaid credits are redistributed across active Members in subsequent monthly settlement cycles. By participating in bill splitting, I accept that I may bear a proportional share of redistributed credits arising from other Members' unpaid obligations as an inherent characteristic of community-wide net settlement. I have read and understood the full description of this risk in the **Community Bylaws** Article 5.8. - I understand that outstanding payment obligations between Members survive any community dissolution and remain my personal obligation. --- ### ☐ Phase 1 Platform Governance - I acknowledge that I am joining MarigoldShare during its **limited initial release (Phase 1)** and that the platform is currently operating under direct Marigold Intelligence LLC governance. - I understand and accept that **Marigold Intelligence LLC retains full and sole authority** over community creation, admin and super admin appointments, governance decisions, and the dissolution of communities during Phase 1, with or without cause and with minimum liability. - I understand that **community membership does not create any vested rights**, property interests, or entitlement to continued community access, and that dissolution of a community does not give rise to any claim for damages or compensation against Marigold Intelligence LLC. - I understand that where feasible, Marigold Intelligence LLC will provide at least **14 days' advance notice** before planned community dissolution, and will endeavor to complete a final bill splitting cycle before dissolution takes effect. I acknowledge that in emergency circumstances, dissolution may occur without advance notice. - I understand that a complete Phase 2 governance framework will be published at least **30 days before** MarigoldShare's general public release. --- ### ☐ Arbitration Agreement *Please read this section carefully. It affects your legal rights.* - I agree to resolve any dispute with MarigoldShare or Marigold Intelligence LLC through **binding individual arbitration** rather than in court, as described in the **Terms of Service**. - **I waive my right to a jury trial** in connection with any such dispute. - **I waive my right to participate in a class action lawsuit** or class-wide arbitration in connection with any such dispute. - I understand that this waiver does not apply to residents of the EEA or UK, and may not apply in other jurisdictions where such waivers are prohibited by applicable law. - I understand that I may opt out of the arbitration agreement by contacting ubertool320@gmail.com within 30 days of creating my account. --- ### ☐ Electronic Communications and Notices - I consent to receive all agreements, notices, disclosures, and other communications from MarigoldShare electronically, including via email, push notification, or posting within the app. - I understand that this consent satisfies any legal requirement that such communications be in writing. --- ## 4. Special Notices for Residents of Certain Jurisdictions ### California Residents If you are a California resident, you have additional privacy rights under the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA), including the right to: - Know what personal information we collect, how we use it, and with whom we share it. - Request a copy of the personal information we hold about you. - Request deletion of your personal information. - Correct inaccurate personal information we hold about you. - Opt out of the "sale" or "sharing" of your personal information for cross-context behavioral advertising. **Important:** MarigoldShare does not currently sell or share your personal information for cross-context behavioral advertising. The opt-out right listed above is therefore not currently applicable. If this changes in the future, we will provide a conspicuous opt-out mechanism and notify you before any such sharing begins. You can exercise your privacy rights through your account settings or by contacting **ubertool320@gmail.com**. California residents also have the right to receive information about any financial incentives offered in connection with your personal information. MarigoldShare does not currently offer financial incentives in exchange for personal information. ### Washington State Residents If you are a Washington state resident, you have additional privacy rights under the **Washington Privacy Act (WPA)**, including the right to: - Access the personal information we hold about you. - Request correction of inaccurate personal information. - Request deletion of your personal information. - Obtain a portable copy of your personal information. - Opt out of the sale of your personal information (note: MarigoldShare does not sell personal information). - Opt out of processing for purposes of targeted advertising (note: MarigoldShare does not currently conduct targeted advertising). - Opt out of profiling used to make decisions with legal or similarly significant effects on you. You can exercise these rights by contacting **ubertool320@gmail.com**. ### EEA and UK Residents If you reside in the European Economic Area (EEA) or United Kingdom, you have rights under the General Data Protection Regulation (GDPR) or UK GDPR, including the right to: - Access, correct, or delete your personal data. - Object to processing based on legitimate interests. - Withdraw consent at any time where we rely on consent for processing. - Obtain a portable copy of your data. - Lodge a complaint with your local data protection authority. The arbitration clause in Section 3 and the Terms of Service does not apply to you. You may bring claims in the courts of your country of residence. For EEA/UK residents, our lawful basis for processing your data is primarily your consent (for data processing you have specifically consented to above) and our legitimate interests in operating the platform safely and securely. --- ## 5. Age Requirement and Minor Exclusion By creating an account, you represent and warrant that: - You are at least **18 years of age** (or the age of majority in your jurisdiction if higher). - You are legally competent to enter into this Agreement. - **No minor will access or use the Services through your account under any circumstances.** Account sharing is strictly prohibited, including sharing your account with minors. MarigoldShare does not knowingly collect personal information from individuals under 18. If we become aware that a minor is using or has used the Services, including through another user's account, we will terminate the associated account immediately. --- ## 6. Updates to This Agreement We may update this Agreement and the incorporated policies from time to time. If we make material changes, we will notify you via email and/or in-app notification at least **30 days before** the changes take effect. Your continued use of MarigoldShare after the effective date constitutes your acceptance of the revised Agreement. For material changes that involve **new categories of data use** we will seek your **affirmative re-consent** before the change takes effect, rather than relying on continued use as acceptance. You can always view the current version of this Agreement and all incorporated policies in the app under **Settings > Legal**. --- ## 7. How to Contact Us If you have questions about this Agreement or any of the incorporated policies, please contact us: **Marigold Intelligence LLC** Email: ubertool320@gmail.com Privacy: ubertool320@gmail.com Legal: ubertool320@gmail.com --- ## 8. Your Acknowledgment **By completing all consent checkboxes and clicking "Create Account," you acknowledge and agree that:** ✓ You have read this User Agreement and Consent document in its entirety. ✓ You have read, or had a meaningful opportunity to read, all seven incorporated legal documents listed in Section 1. ✓ You understand and separately consent to each item in Section 3, including the assumption of risk and liability waiver, the Phase 1 governance framework, and the arbitration agreement. ✓ You are at least 18 years of age, legally competent to enter into this Agreement, and warrant that no minor will use the Services through your account. ✓ You are voluntarily agreeing to these terms and understand that you are giving up substantial legal rights, including the right to sue in court, the right to a jury trial, and the right to participate in a class action. ✓ You understand that MarigoldShare is in a limited initial release under Phase 1 governance and that community membership creates no vested rights. --- ## Acceptance *Each checkbox below must be checked separately before your account can be created.* ☐ **I have completed all seven consent items in Section 3 and agree to the User Agreement and all incorporated policies.** ☐ **I have read and understood the Liability Waiver and Disclaimer. I voluntarily assume all risks associated with Item lending and borrowing and release MarigoldShare from liability as described in Section 3.** ☐ **I acknowledge and accept the Phase 1 platform governance framework, including Marigold Intelligence LLC's authority to dissolve communities and my understanding that community membership creates no vested rights.** ☐ **I have read and agree to the Arbitration Agreement in Section 3. I understand I am waiving my right to a jury trial and to participate in a class action.** [**Create Account**] --- *This User Agreement and Consent document was last updated on April 15, 2026.* --- ## For Your Records After you create your account, we recommend that you: - Save a copy of this Agreement for your records. - Review the full text of all incorporated policies under **Settings > Legal**. - Contact us at **ubertool320@gmail.com** if you have any questions about your rights or obligations. Thank you for joining MarigoldShare. We look forward to helping you build a stronger, more connected community.