Terms of Service

1. General terms

Thank you for using Gimbal! By using the Gimbal app, you agree to these Terms of Service (“Terms“), a binding legal agreement between you and Gimbal LLC. When used in these Terms, “Gimbal”, “we”, “us”, “our”, “platform” all refer to Gimbal LLC. These Terms may be modified by Gimbal at any time.

Gimbal is an online platform that connects Customers with Owners offering local item sales and rentals. A Customer is any User that has paid or is intending to pay for an item purchase or rental. An Owner is any User that is listing or has listed an item for sale or rent. A User is any Customer or Owner that uses the Gimbal platform.

2. Privacy Policy

Your data privacy is extremely important to us. This privacy policy outlines our data collection and retention practices and provides transparency to how your data is used by Gimbal.

2.1 Personal Data: General information we collect and store include name, email, phone numbers and addresses. This information is typically used for login and notification purposes. In the event of a scheduled pickup, certain information such as name and email may be shared between the Customer and Owner to facilitate the pickup.

2.2 Location Data: Location information is only collected if you, the user, agree to provide us with location information through your device’s app and location settings. This information is only used in providing relevant listings near your location.

2.3 Payment Data: Payment and payment processing information is kept to a minimum on our platform. We do not store full credit/debit card numbers, or full bank account/routing numbers. This information is never shared between users. For more information, please see “Payment Processing”.

3. Payment Processing

Payment processing services for users on Gimbal are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these terms or continuing to operate as a user on Gimbal, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time.

As a condition of Gimbal enabling payment processing services through Stripe, you agree to provide Gimbal accurate and complete information about you and your business, and you authorize Gimbal to share it and transaction information related to your use of the payment processing services provided by Stripe.

3.1 Payouts: A Payout is the distribution of funds from Gimbal to the designated financial institution provided by an Owner. It is the Owner’s responsibility to keep payout information correct and up to date. Funds are released for Payouts once a purchase or rental pickup has been confirmed by the Owner. Payouts are initiated on a 2 day rolling basis but may take additional days to be processed by your financial institution

4. User Terms

4.1 Customer Terms: Users agree allow Gimbal to collect and store information about them. The transfer of items on our platform are called Pickups and Returns. On scheduling a Pickup, Users agree to pay the full amount of the rental or purchase. You also agree that Gimbal may charge you additional fees in certain circumstances.

4.2 Owner Terms: Owners agree to provide accurate information on the items they list. Owners also agree to provide accurate information on their pickup location/address and assume responsibility to keep their payout information complete and updated.

By using Gimbal, you acknowledge many activities, such as meeting other users in person, carry an inherent risk and agree that you assume the entire risk of activities related to your use of the Gimbal platform. While we do everything we can to ensure the safety of our users, Gimbal is not liable for illness, injury, disability or death from activities associated with using the platform.

5. Fees

Gimbal may charge fees for the right to use the platform. For more information on when service fees apply and on current calculations and rates, see below. Gimbal reserves the right to change service fees at any time and will provide Users notice of any fee changes before they become effective. Fee changes will not affect payments made prior to the effective date of the fee change.

5.1 Rental Fee: A 10% service fee is applied to every completed rental transaction. This amount is deducted directly from the Customer’s payment.

5.2 Purchase Fee: A 5% service fee is applied to every completed purchase transaction. This amount is deducted directly from the Customer’s payment.

5.3 Rental No Show: Renting customers are still charged even if they do not physically complete a rental pickup and return. The standard 10% rental fee is deducted from the payment amount. Owners may choose to cancel no show rentals to refund the customer.

5.4 Late Return Fee: A late return fee is optionally charged to the Customer if a rental is returned past the originally scheduled return date. The customer pays the daily rental rate for each late return day charged. Owners may charge up to 5 late returns days. A 10% service fee is deducted from the total late return fee charged to the Customer.

5.5 Marketplace Fee: To offer coverage for rental damages, a small flat marketplace fee is charged to the customer on initial transaction. This fee is not charged on rental extensions.

6. Lost and/or Damaged Rentals

Owners may open a Loss/Damage Claim within 14 days of the rental return date with valid evidence of a rental being lost or damaged. Damage is defined as physical harm done to an item in such a way where it no longer can perform its primary function. Damage does not include normal wear and tear from use of an item.

All claims and payouts are subject to the discretion of Gimbal LLC. You will be notified of any claim made against you. In the event of an approved Loss/Damage Claim, and upon proof of repair or replacement, Gimbal LLC will compensate owners the approved amount minus a 10% service fee.

6.1 Damaged Rentals: On return of a damaged rental, customers are responsible for the cost of repair or replacement up to $500. Gimbal LLC will compensate owners for up to $2000 in repair or replacement costs minus the applied service fee.

6.2 Lost/Stolen Rentals: In the event of an item being lost or stolen, customers are responsible for the full cost of replacement equivalent to the current retail value of the item. Gimbal LLC will compensate owners the current retail value of the item minus the applied service fee.