# Terms of Service **MarigoldShare** — Terms of Service **Effective Date:** April 15, 2026 **Last Updated:** April 15, 2026 --- ## Summary of Key Terms Here is a brief summary before the full text. Please read the complete Terms below. - The Service is free to use. - You must be at least **18 years old** to create an account. - You own your content, but you grant us a license to display and operate it within the Services. - You must comply with our **Acceptable Use Policy** and **Community Bylaws**. - We are **not liable** for damages arising from Item use, rental transactions, or interactions between users. - We can **suspend or terminate** your account if you violate these Terms. - Disputes between you and MarigoldShare are subject to **binding arbitration** (except where prohibited by law). --- ## 1. Acceptance of Terms These Terms of Service ("Terms") are a binding legal agreement between you and **Marigold Intelligence LLC** ("we," "us," or "our"), the operator of **MarigoldShare** (the "App" or "Services"). By creating an account, clicking "Sign Up," or otherwise accessing or using the Services, you agree to be bound by these Terms and our **Privacy Policy**, **Cookie Policy**, **Community Bylaws**, **Acceptable Use Policy**, and **Liability Waiver and Disclaimer**, all of which are incorporated herein by reference. If you do not agree to these Terms, do not access or use the Services. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms. --- ## 2. Eligibility You must be at least **18 years of age** to create an account and use the Services. By registering, you represent and warrant that you meet this requirement and that the information you provide is accurate, current, and complete. Minors may not use the Services under any circumstances, including through a parent's or guardian's account. By creating an account, you warrant that no minor will access or use the Services through your account. If we become aware that a minor is using or has used the Services, we will terminate the associated account immediately. --- ## 3. Account Registration To access most features of the Services, you must create an account. You agree to: - Provide accurate, current, and complete information during registration and keep it up to date. - Create only one account for your personal use. Account sharing is strictly prohibited, including sharing with minors. - Authenticate your identity using your email address and password. By registering, you consent to email and password authentication as the primary method of account access. Your password is transmitted only over TLS-encrypted connections and is stored only as a cryptographic hash on our servers. - Keep your password secure and do not share it with others. You are responsible for all activity that occurs under your account. - Notify us immediately at **ubertool320@gmail.com** if you suspect unauthorized access to your account. We reserve the right to suspend or terminate accounts that violate these Terms or contain inaccurate information. --- ## 4. Description of the Services MarigoldShare is a community-based peer-to-peer lending platform that allows users ("Members") to list, discover, and arrange the borrowing and lending of physical Items within trusted local communities. Any Item that can be legally owned and lent between individuals may be listed, subject to the item category rules and replacement cost ceiling in the **Acceptable Use Policy** Section 4. The Services include: - Item listings, community membership, in-app messaging, and borrowing and lending coordination. - A monthly bill splitting calculation that determines the simplest payment arrangement for Members to settle rental balances within their community. - Payment acknowledgment tracking, allowing debtors to confirm payments made and creditors to confirm receipt, all settled directly between Members outside the app. - Community dispute resolution tools, governed by the **Community Bylaws**. MarigoldShare is a platform only. We do not own, inspect, insure, or guarantee the condition, safety, or suitability of any Item listed on the platform. We do not process, hold, or transfer payments between Members. All rental payments are settled directly between Members using their mutually agreed-upon payment method. All rental arrangements are solely between the lending Member and the borrowing Member. Items with a declared replacement cost exceeding **$300** may not be listed on the platform. The declared replacement cost entered at the time of listing is binding on the Lender and constitutes the absolute maximum the Lender may recover under any circumstances. --- ## 5. User Content ### 5.1 Your Content You retain ownership of any content you submit to the Services ("User Content"), including Item listings, photos, messages, and reviews. ### 5.2 License to Us By submitting User Content, you grant MarigoldShare a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, display, distribute, and create derivative works from your User Content for the purposes of operating, improving, and promoting the Services. ### 5.3 Your Representations You represent and warrant that: (a) you own or have the rights to all User Content you submit; (b) your User Content does not violate any third-party rights or applicable law; and (c) your Item listings are accurate, the Items are yours to lend, and your declared replacement costs are truthful and do not exceed $300. ### 5.4 Content Visibility After Account Deletion Certain content — such as completed transaction records, community reviews, or messages that are part of an active dispute — may remain visible or retained after account deletion as permitted by our **Privacy Policy**. --- ## 6. Rental Transactions ### 6.1 Role of MarigoldShare MarigoldShare provides the platform to connect Item owners ("Lenders") and borrowers ("Renters"). We are not a party to any rental transaction and are not responsible for the condition of Items, the conduct of users, or any damages, injuries, or losses arising from rental transactions. ### 6.2 Lender Responsibilities Lenders agree to: (a) list only Items they own or are authorized to lend; (b) accurately describe the condition and functionality of listed Items; (c) declare an accurate replacement cost not exceeding $300; (d) ensure Items are safe for use; and (e) honor confirmed lending agreements. ### 6.3 Renter Responsibilities Renters agree to: (a) use Items only for their intended and lawful purposes; (b) return Items in the same condition as received, subject to normal wear; (c) honor the agreed rental cost, which is settled directly with the Lender outside the app; and (d) pay replacement costs for any Item that is lost, stolen, or damaged beyond normal wear, up to the Lender's declared replacement cost. See the **Community Bylaws** for further detail. ### 6.4 Account Holder Responsibility Each account holder is responsible for all activity that occurs under their account. Because minors are prohibited from using the Services under any circumstances, any activity conducted through an account is assumed to be that of the registered adult account holder, who bears full legal and financial responsibility for all transactions, obligations, and conduct occurring under their account. ### 6.5 Bill Splitting and Payment Acknowledgment The bill splitting system is designed for low-value rental transactions. During the initial release, an automatic rental cost threshold of **$10** determines how each rental is settled: - Rentals with an agreed cost of **$10 or less** are automatically recorded in the bill splitting system and settled in the monthly cycle. - Rentals with an agreed cost **above $10** require immediate direct settlement between the Lender and Renter outside the app, consistent with how all payments work on the platform. This determination is made automatically by the platform. At the end of each month, the app calculates the simplest payment arrangement for Members within a community to settle their bill splitting balances. The app sends notices to debtors, tracks payment acknowledgments from both debtors and creditors, and updates account balances accordingly. All payments are made directly between Members. The app does not process, hold, or transfer funds at any time. Members acknowledge that where debtors are blocked following unresolved disputes, outstanding credits may be redistributed across active Members in subsequent settlement cycles. See the **Community Bylaws** Article 5.8 for a full description of this risk. ### 6.6 Disputes Disputes between Lenders and Renters, including payment disputes, are handled first by community admins pursuant to the **Community Bylaws**. MarigoldShare may, at its sole discretion, assist in resolution but is under no obligation to do so. No dispute resolution outcome may award replacement costs exceeding the Lender's declared replacement cost at the time of listing. --- ## 7. Platform Governance Phases ### 7.1 Two-Phase Governance Model MarigoldShare operates under a two-phase community governance model. The phase applicable to a community at any given time determines the rights and authorities of Members, admins, super admins, and Marigold Intelligence LLC with respect to that community. The full governance framework is set out in the **Community Bylaws** Article 7. This Section summarizes the key legal implications of each phase for the purposes of these Terms. ### 7.2 Phase 1 — Limited Release During Phase 1, Marigold Intelligence LLC retains full and sole authority over community creation, admin and super admin appointments, governance decisions, and community dissolution. Members joining Phase 1 communities acknowledge and agree that: - Membership in a Phase 1 community does not create any vested rights, property interests, or entitlements to continued membership or community continuity. - Marigold Intelligence LLC may dissolve any Phase 1 community at any time, with or without cause, with minimum liability as described in the **Community Bylaws** Article 7.5 and 7.6. - Marigold Intelligence LLC's exercise of Phase 1 governance authority, including dissolution, does not give rise to any claim for damages, compensation, or other relief against Marigold Intelligence LLC. - Outstanding payment obligations between Members at the time of dissolution remain personal obligations between those Members and do not extinguish upon dissolution. - Admin and super admin appointments in Phase 1 are made at Marigold Intelligence LLC's sole discretion and create no employment, agency, or contractual relationship between appointed Members and Marigold Intelligence LLC. ### 7.3 Phase 2 — General Release Marigold Intelligence LLC will publish the complete Phase 2 governance framework, including community creation requirements, super admin tier mechanics, and dissolution procedures, no less than **30 days** before the general public release of MarigoldShare. Members will be notified of the transition and given the opportunity to review updated terms before Phase 2 takes effect. --- ## 8. Intellectual Property All content, trademarks, logos, software, and materials provided by MarigoldShare (excluding User Content) are owned by or licensed to Marigold Intelligence LLC and are protected by intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works from any MarigoldShare materials without our express written consent. --- ## 9. Prohibited Conduct You agree to comply with our **Acceptable Use Policy**, which is incorporated into these Terms by reference and sets out the full scope of prohibited conduct. Any violation of the Acceptable Use Policy is also a violation of these Terms and may result in suspension or termination of your account. --- ## 9. Disclaimer of Warranties THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. MarigoldShare DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY TOOL LISTING, BILL SPLITTING CALCULATION, PAYMENT RECORD, OR USER-GENERATED CONTENT. --- ## 10. Limitation of Liability ### 10.1 Exclusion of Damages TO THE MAXIMUM EXTENT PERMITTED BY LAW, Marigold Intelligence LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, PERSONAL INJURY, PROPERTY DAMAGE, OR SERVICE INTERRUPTION, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICES OR ANY RENTAL TRANSACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ### 10.2 Categorical Exclusions WITHOUT LIMITING THE FOREGOING, Marigold Intelligence LLC IS SPECIFICALLY NOT LIABLE FOR: - **Service Availability:** Any loss or damage arising from service outages, downtime, interruptions, or delays, whether caused by infrastructure failures, third-party cloud providers, network issues, maintenance, or any other cause within or outside our reasonable control. - **Algorithmic and Calculation Errors:** Any loss or damage arising from errors in the bill splitting calculation, payment acknowledgment processing, or account balance records, including errors caused by software defects, incorrect input data, or unforeseen edge cases in the algorithm. - **Data Loss:** Any loss or damage arising from loss or corruption of data, including rental records, payment acknowledgment history, or account information, whether caused by system failure, operator error, or third-party infrastructure failure. - **Third-Party Infrastructure:** Any loss or damage attributable to the failure, error, or interruption of third-party services on which MarigoldShare relies, including cloud hosting, analytics, push notification, or authentication providers. - **Item Transactions:** Any loss, injury, property damage, or financial harm arising from any Item lending or borrowing transaction between Members, as further described in the **Liability Waiver and Disclaimer**. - **Member Conduct:** Any harm caused by the actions, omissions, representations, or misconduct of any other Member. - **Community Governance:** Any loss, harm, or financial impact arising from the exercise of Marigold Intelligence LLC's Phase 1 governance authority, including the dissolution of any Phase 1 community, as described in Section 7.2 and the **Community Bylaws** Article 7. ### 10.3 Operational Error Remediation In the event of a platform error affecting bill splitting calculations, payment acknowledgment records, or account data, Marigold Intelligence LLC will endeavor to identify and correct the error using available backups, recalculation, and audit trail data. We maintain data backups through our cloud infrastructure provider for this purpose. This commitment reflects our operational practice and goodwill toward our Members. It does not constitute a contractual obligation, does not create any right to damages, and does not limit or waive any other provision of this Section 10. ### 10.4 Basis of the Bargain YOU ACKNOWLEDGE THAT MarigoldShare IS PROVIDED FREE OF CHARGE AND THAT THE DISCLAIMERS AND EXCLUSIONS OF LIABILITY IN THIS SECTION REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND Marigold Intelligence LLC. THESE PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN US. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. --- ## 11. Indemnification You agree to indemnify, defend, and hold harmless Marigold Intelligence LLC and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, costs, or expenses (including reasonable attorneys' fees) arising out of: (a) your use of the Services; (b) your User Content; (c) any rental transaction you participate in; (d) your violation of these Terms; or (e) your violation of any third-party right. --- ## 12. Dispute Resolution ### 12.1 Informal Resolution If you have a dispute with us, please contact us first at **ubertool320@gmail.com**. We will attempt to resolve disputes informally within 30 days. ### 12.2 Binding Arbitration If informal resolution fails, you and Marigold Intelligence LLC agree to resolve disputes through binding individual arbitration under the rules of American Arbitration Association (AAA), except where prohibited by applicable law. You waive the right to a jury trial and the right to participate in a class action. ### 12.3 Exceptions Either party may seek relief in small claims court for disputes within that court's jurisdiction. Claims relating to MarigoldShare's intellectual property rights are not subject to arbitration. ### 12.4 EEA/UK Users If you reside in the EEA or UK, the arbitration clause in Section 12.2 does not apply to you. You may bring claims in the courts of your country of residence. --- ## 13. Governing Law These Terms are governed by the laws of the State of **Delaware**, United States, without regard to conflict of law principles, except where mandatory local law applies. --- ## 14. Termination We may suspend or terminate your account and access to the Services at any time, with or without notice, if we believe you have violated these Terms or pose a risk to users or the platform. You may delete your account at any time through the app settings. Upon termination, your right to use the Services ceases immediately. Provisions that by their nature should survive termination (including Sections 5.2, 9, 10, 11, and 12) shall survive. --- ## 15. Changes to These Terms We may update these Terms from time to time. If we make material changes, we will notify you via email or in-app notification at least **30 days before** the changes take effect. Your continued use of the Services after that date constitutes your acceptance of the updated Terms. If you do not agree to the changes, you must stop using the Services and delete your account. --- ## 16. Contact **Marigold Intelligence LLC** Email: ubertool320@gmail.com --- *These Terms of Service were last updated on April 15, 2026.*