ELETRK Owner Terms of Service & Platform Agreement

1. PARTIES

This Agreement is between Eletrk (eletrk.com) and the Owner (the individual or business listing bikes on the platform). By creating an account and listing a bike you agree to every term below.

2. PLATFORM FEE & PAYOUTS

• Eletrk charges a 15% platform fee on every completed booking
• Owner receives 85% of the total booking amount
• Payouts are processed automatically through Stripe Connect within 2 to 5 business days after a booking is completed
• Owners must connect a valid Stripe account to receive payouts
• Eletrk reserves the right to withhold payouts if a damage claim or dispute is pending

3. OWNER ELIGIBILITY

• Owner must be 18 years of age or older
• Owner must provide accurate identity information during Stripe Connect onboarding
• Shop owners must provide a valid business name, EIN, and business address
• Owner must have legal ownership or authorization to rent the listed bike
• Owner must maintain a valid bank account connected through Stripe

4. LISTING REQUIREMENTS

• All listings must include accurate photos, description, condition, and pricing
• Owner must not list stolen, damaged, or unsafe bikes
• Owner must disclose any known mechanical issues in the listing
• Listings are subject to Eletrk admin approval before going live
• Once approved, Owner may edit or delete listings at any time without re-approval
• Eletrk reserves the right to remove any listing that violates these terms

5. AVAILABILITY & CALENDAR

• Owner is solely responsible for keeping availability accurate and up to date
• If a renter books a bike that is unavailable due to Owner negligence, the Owner is responsible for the full renter refund
• Repeated availability failures may result in account suspension
• If Owner connects Google Calendar, Owner agrees to keep it synced to all active listings

6. BIKE CONDITION & SAFETY

• Owner must ensure every listed bike is in safe, working condition before each rental
• Owner must ensure brakes, tires, lights, and battery are functioning properly
• Owner must provide a helmet or clearly state in the listing that renter must bring their own
• Owner assumes full responsibility for any injury caused by a mechanical defect that was known or should have been known prior to the rental

7. DAMAGE CLAIMS

• Owner must report any damage within 24 hours of the rental end time through the Eletrk platform
• Owner must provide photo evidence of damage
• Eletrk will review the claim and determine whether to charge the renter
• Eletrk's decision on damage claims is final
• Owner may not contact the renter directly to demand payment outside of the platform

8. CANCELLATIONS

• Owner may cancel a booking no more than 24 hours before the rental start time
• If Owner cancels, the renter receives a full refund
• Repeated cancellations may result in account suspension or removal from the platform
• Owner will not receive a payout for any cancelled booking

9. PROHIBITED CONDUCT

Owners must not:

• List bikes they do not own or have authorization to rent
• Communicate with renters outside of the Eletrk platform to circumvent fees
• Manipulate reviews or create fake bookings
• Provide false identity or banking information
• Harass, threaten, or discriminate against any renter

10. ACCOUNT SUSPENSION & TERMINATION

Eletrk reserves the right to suspend or permanently ban any Owner account for:

• Repeated cancellations or availability failures
• Verified damage or safety complaints
• Fraudulent activity
• Violation of any term in this Agreement
• Any conduct that harms the Eletrk platform or its users

Suspended owners forfeit any pending payouts related to the violation.

11. NO INSURANCE PROVIDED

Eletrk does not provide insurance coverage for Owners, their bikes, or any damage or injury arising from a rental. Owners are strongly encouraged to obtain their own insurance coverage for rented property.

12. WAIVER OF LIABILITY

To the fullest extent permitted by Florida law, Owner WAIVES, RELEASES, AND DISCHARGES Eletrk from any and all claims arising out of the rental of their bike through the platform, including claims based on renter conduct, damage, theft, or injury — except in cases of gross negligence or willful misconduct by Eletrk.

13. GOVERNING LAW & DISPUTES

This Agreement is governed by the laws of the State of Florida. Any disputes shall be resolved through binding arbitration in Palm Beach County, Florida, under American Arbitration Association rules. Owner waives the right to participate in any class action against Eletrk.

14. ELECTRONIC ACCEPTANCE

Checking the "I agree to the Owner Terms of Service" box during signup on eletrk.com constitutes a valid and legally binding electronic signature under the E-SIGN Act (15 U.S.C. § 7001) and Florida's Electronic Signature Act (Fla. Stat. § 668.50). Owner confirms they have read, understood, and agree to every term in this Agreement.