Terms of Use
Effective as of April 2, 2026
Terms of Service for US & CA Residents
Welcome to https://collectsisu.com (the "Collect Sisu Site"), a website owned and operated by Collect Sisu Inc, a Delaware corporation ("Collect Sisu", "we", "our", or "us"). This page explains the terms by which you may use the Collect Sisu Site, our online and/or mobile services, and our related software provided on or in connection with the service (collectively, the "Collect Sisu Service").
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. BY ACCESSING OR USING THE COLLECT SISU SERVICE, BY REGISTERING FOR AN ACCOUNT ON THE COLLECT SISU SERVICE, OR BY CLICKING A BUTTON OR CHECKING A BOX MARKED "I AGREE" OR SOMETHING SIMILAR, YOU SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS OF USE (THESE "TERMS") AND TO THE COLLECTION AND USE OF YOUR INFORMATION AS SET FORTH IN THE COLLECT SISU PRIVACY POLICY https://collectsisu.com/privacy-policy, WHICH IS HEREBY INCORPORATED BY REFERENCE. THESE TERMS APPLY TO ALL VISITORS, USERS, AND OTHERS WHO REGISTER FOR OR OTHERWISE ACCESS THE COLLECT SISU SERVICE ("USERS").
You acknowledge and agree that, as provided in greater detail in these Terms:
- Any and all Lending Transactions, Bundle Transactions, and Service Transactions (as defined below) on the Collect Sisu Service are solely between the applicable Users and you expressly acknowledge and agree that Collect Sisu is not a party to any such transactions and is not obligated to monitor any transaction or resolve any disputes between its Users;
- If you are an Owner or Service Provider (as defined below), you authorize Collect Sisu and its third-party payment processors to charge your payment method for any cancellation penalties in accordance with the terms and conditions of these Terms;
- If you are a Renter or Guest (as defined below), you authorize Collect Sisu and its third-party payment processors to charge your payment method for any lost, stolen, or damaged Items or equipment, as well as any applicable late fees, damage claims, or other charges described herein;
- Collect Sisu reserves the right in its sole discretion to change these Terms and the Collect Sisu Service and to determine the method and manner of notice of the changes; and
- THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Certain services may be subject to additional terms and conditions specified by us from time to time, and your use of such services is subject to those additional terms and conditions, which are hereby incorporated into these Terms by reference.
1. The Collect Sisu Service
The Collect Sisu Service is an online platform that enables Users to: (a) rent out their event rental items (such Users, the "Owners") to other Users who desire to rent the Owners' items (such Users, the "Renters") in exchange for payment of fees to the applicable Owner and Collect Sisu; (b) offer curated bundles of event rental items (such Users, also "Owners") to other Users who desire to rent those bundles (such Users, also "Renters") in exchange for payment of fees; and (c) offer hosted services and experiences for events (such Users, the "Service Providers") to other Users who desire to engage their services (such Users, the "Guests") in exchange for payment of fees to the applicable Service Provider and Collect Sisu. Each rental transaction between Owners and Renters for individual items shall be referred to as a "Lending Transaction," each rental transaction for a curated bundle of items shall be referred to as a "Bundle Transaction," each item or bundle that is the subject of a Lending Transaction or Bundle Transaction shall be referred to as an "Item," each service engagement between Service Providers and Guests shall be referred to as a "Service Transaction," and each service offered shall be referred to as a "Service." Lending Transactions, Bundle Transactions, and Service Transactions are collectively referred to as "Transactions."
2. Use of the Collect Sisu Service
A. Eligibility
This is a contract between you and Collect Sisu. You must read and agree to these Terms before using the Collect Sisu Service. If you do not agree, you may not use the Collect Sisu Service. You may use the Collect Sisu Service only if you can form a binding contract with Collect Sisu, and only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. Any use or access to the Collect Sisu Service by anyone under eighteen (18) years of age is strictly prohibited and in violation of these Terms. The Collect Sisu Service is not available to any Users previously removed from the Collect Sisu Service by Collect Sisu. Collect Sisu reserves the right to approve or reject any Users from joining or continuing to use the Collect Sisu Service, except as prohibited by applicable law.
B. Limited License
Subject to the terms and conditions of these Terms, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Collect Sisu Service solely as permitted by the features of the Collect Sisu Service. Collect Sisu reserves all rights not expressly granted herein in the Collect Sisu Service and the Collect Sisu Content (as defined below). Collect Sisu may terminate this license at any time for any reason or no reason.
C. Collect Sisu Accounts
Your Collect Sisu account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. When creating your account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use "strong" passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with your account. We may maintain different types of accounts for different types of Users. If you open a Collect Sisu account on behalf of a company, organization, or other entity, then: (i) "you" includes you and that entity; and (ii) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms, and that you agree to these Terms on the entity's behalf. By connecting to the Collect Sisu Service with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. You may never use another User's account. You must notify Collect Sisu immediately of any breach of security or unauthorized use of your account. Collect Sisu will not be liable for any losses caused by any unauthorized use of your account. You may control your User profile and how you interact with the Collect Sisu Service by changing the settings in your profile page. By providing Collect Sisu your email address you consent to our using the email address to send you Collect Sisu Service-related notices, including without limitation any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Collect Sisu Service and special offers. If you do not want to receive such email messages, you may opt out or change your preferences in your profile page. Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
D. Billing Address and Payment Methods
You must maintain at least one valid payment method on file with your Collect Sisu account at all times while you have an active account. Accepted payment methods include, but are not limited to, Mastercard, Visa, and American Express. You must also provide and maintain a current billing address in your account settings. Your billing address is required for the calculation and collection of applicable sales tax. It is your sole responsibility to ensure that your billing address and payment method information are accurate and up to date. Collect Sisu will not fulfill any Transaction without authorization validation from your payment method.
E. Collect Sisu Service Rules
You agree not to engage in any of the following prohibited activities: (i) downloading, copying, distributing, or disclosing any part of the Collect Sisu Service in any medium, including without limitation by any automated or non-automated "scraping"; (ii) using any automated system, including without limitation "robots," "spiders," "offline readers," etc., to access the Collect Sisu Service in a manner that sends more request messages to the Collect Sisu servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser (except that Collect Sisu grants the operators of public search engines revocable permission to use spiders to copy publicly available materials from the Collect Sisu Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (iii) transmitting spam, chain letters, or other unsolicited email or messages (including, but not limited to, unsolicited requests for donations); (iv) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Collect Sisu Service; (v) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents through the Collect Sisu Service; (vii) collecting or harvesting any personally identifiable information, including, but not limited to, account names, from the Collect Sisu Service; (viii) using the Collect Sisu Service for any commercial solicitation purposes; (ix) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity; (x) interfering with the proper working of the Collect Sisu Service; (xi) accessing any content on the Collect Sisu Service through any technology or means other than those provided or authorized by the Collect Sisu Service; (xii) modify, disassemble, decompile or reverse engineer the Collect Sisu Service, except to the extent that such restriction is expressly prohibited by law; (xiii) sell any counterfeit or illegal items; (xiv) use the Collect Sisu Service in violation of applicable law; (xv) use the Collect Sisu Service to harass or abuse another User; or (xvi) bypassing the measures we may use to prevent or restrict access to the Collect Sisu Service, including without limitation features that prevent or restrict use or copying of any content or enforce limitations on use of the Collect Sisu Service or the content therein.
F. Changes to the Collect Sisu Service
We may, without prior notice, change the Collect Sisu Service; stop providing the Collect Sisu Service or features of the Collect Sisu Service, to you or to Users generally; or create usage limits for the Collect Sisu Service. We may permanently or temporarily terminate or suspend your access to the Collect Sisu Service without notice and liability for any reason, including without limitation if in our sole determination you violate any provision of these Terms, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.
G. Disputes with Other Users
You are solely responsible for your interactions with other Users, including, but not limited to, any Lending Transactions, Bundle Transactions, or Service Transactions. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Collect Sisu shall have no liability for your interactions with other Users, or for any User's action or inaction.
3. User Content
Any and all photographs, articles, images, graphics, videos, sounds, music, audio recordings, text, files, profiles, communications, comments, feedback, suggestions, ideas, concepts, questions, data or other content that you: (i) submit or post on or through the Collect Sisu Service, on any of our blogs, social media accounts or through tools or applications we provide for posting or sharing such content with us; or (ii) have posted or uploaded to your social media accounts which are tagged with any Collect Sisu promoted hashtag (collectively "User Content"), shall be deemed nonconfidential and nonproprietary. You understand that certain portions of the Collect Sisu Service may allow other Users to view, edit, share, and/or otherwise interact with your User Content. By providing or sharing User Content through the Collect Sisu Service, you agree to allow others to view, edit, share, and/or interact with your User Content in accordance with your settings and these Terms.
WE CLAIM NO OWNERSHIP RIGHTS OVER THE USER CONTENT CREATED BY YOU. THE USER CONTENT REMAINS YOURS. However, by submitting or posting any User Content, you hereby expressly grant to Collect Sisu and its affiliates a perpetual, irrevocable, royalty-free, worldwide, sublicensable and transferable license to copy, publish, translate, modify, reformat, create derivative works from, distribute, reproduce, sell, display, transmit, publish, broadcast, host, archive, store, cache, use or otherwise exploit all or any portion of the User Content, as well as your name, persona and likeness included in any User Content and your social media account handle, username, real name, profile picture and/or any other information associated with the User Content, in any commercial or noncommercial manner whatsoever, in whole or in part, in any and all distribution channels, forms, media or technology, whether now known or hereafter developed, for use in connection with the Collect Sisu Service and Collect Sisu's (and its successors' and affiliates') business, including without limitation for promoting and redistributing part or all of the Collect Sisu Service (and derivative works thereof) in any media formats and through any media channels, including, but not limited to, in stores, printed marketing materials, emails, web pages, social media accounts, without attribution and without further notice to you.
By submitting or posting User Content on the Collect Sisu Service, on your social media accounts or through any tools or applications we provide for posting or sharing your User Content with us, you represent and warrant that: you own or control any and all rights in and to the User Content and/or have the rights to grant all of the rights and licenses in these Terms; you have obtained permission from any individuals that appear in the User Content to use, and grant others the right to use, their name, image, voice and/or likeness without the need for payment to you or any other person or entity; your User Content and Collect Sisu's use thereof as contemplated by these Terms and the Service will not violate any law or infringe any rights of any third party; the User Content does not contain false or misleading information, infringe on the intellectual property, privacy, publicity, statutory, contractual or other rights of any third party, contain any libelous, defamatory, obscene, offensive, racist, threatening or otherwise harassing or hateful content, contain any addresses, email addresses, phone numbers or any contact information, or contain computer viruses, worms or other harmful files; and to the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
You are solely responsible for the User Content and you hereby agree to indemnify and hold Collect Sisu and its employees, agents, affiliates, assigns and licensees harmless from any and all damages, claims, expenses, costs or fees arising from or in connection with a breach of any of the foregoing representations or your violation of any law or rights of a third party.
COLLECT SISU HAS THE ABSOLUTE RIGHT TO REMOVE AND/OR DELETE WITHOUT NOTICE ANY USER CONTENT WITHIN ITS CONTROL THAT IT DEEMS OBJECTIONABLE. YOU CONSENT TO SUCH REMOVAL AND/OR DELETION AND WAIVE ANY CLAIM AGAINST COLLECT SISU FOR SUCH REMOVAL AND/OR DELETION. COLLECT SISU IS NOT RESPONSIBLE OR LIABLE FOR FAILURE TO STORE POSTED CONTENT OR OTHER MATERIALS YOU TRANSMIT THROUGH THE COLLECT SISU SERVICE. YOU SHOULD TAKE MEASURES TO PRESERVE COPIES OF ANY DATA, MATERIAL, CONTENT OR INFORMATION YOU POST ON THE COLLECT SISU SERVICE OR ANY OTHER SITES OR PLATFORMS.
4. Our Proprietary Rights
For the purposes of these Terms, "Intellectual Property Rights" means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
Except for your User Content, the Collect Sisu Service and all materials therein or transferred thereby, including without limitation software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the "Collect Sisu Content"), and all Intellectual Property Rights related thereto, are the exclusive property of Collect Sisu and its licensors (including without limitation other Users who post User Content to the Collect Sisu Service). Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any Collect Sisu Content. Use of the Collect Sisu Content for any purpose not expressly permitted by these Terms is strictly prohibited.
5. Terms Specific for Owners (Items, Bundles, and Services)
A. Listing Types
Owners may create three types of listings on the Collect Sisu Service: (i) individual item listings for event rental items ("Items"); (ii) curated bundle listings combining multiple event rental items into a single package ("Bundles"); and (iii) hosted service and experience listings offered by Service Providers ("Services"). Each listing type is subject to the general terms in this Section 5 as well as any type-specific terms noted herein.
B. Transaction Acceptance
You may accept or reject any request from a Renter or Guest to enter into a Transaction at your sole discretion. Once you accept a request, a legally binding agreement is formed between you and the applicable Renter or Guest. Once you enter into a Transaction, you agree to be responsive to the other party and to communicate with them to coordinate the logistics of the Transaction, including delivery, exchange, performance, and return as applicable.
C. Listing Descriptions
When listing Items, Bundles, or Services on the Collect Sisu Service, you must: (i) provide complete and accurate information and descriptions; (ii) disclose any deficiencies, restrictions, requirements, or limitations that apply; (iii) for Services, maintain all required licenses, permits, and certifications (including, but not limited to, food handler's licenses, health department permits, and business licenses) as required by applicable law; and (iv) provide any other pertinent information requested by Collect Sisu. Images or videos used in listings must accurately reflect the quality and condition of the Items or the nature of the Services offered. Collect Sisu reserves the right to require that listings have a minimum number of images or videos of a certain format, size and resolution.
D. Pricing
You are solely responsible for setting a price for your listing (including without limitation any applicable charges such as delivery fees) ("Listing Fee"). Once a Renter or Guest requests to book your listing, you may not request that the other party pays a higher price than in the request. Payment is processed at the time the Renter or Guest completes checkout for a booking request. Unless otherwise agreed by the parties in writing, Collect Sisu shall remit payment to you of the Listing Fee due to you, less any applicable Collect Sisu Commission (as defined below), in accordance with the payout schedule established by our payment processor. Payment shall be in the form you select when you register for the Collect Sisu Service, or as subsequently updated as permitted by the Collect Sisu Service. Collect Sisu reserves the right to withhold payment or charge back to your account any amounts otherwise due to us under these Terms or amounts due to any breach of these Terms by you, pending Collect Sisu's reasonable investigation of such breach. Collect Sisu also reserves the right to withhold payment or charge back to your account any amounts subject to dispute, such as in the case of credit card charge backs, pending successful resolution of the dispute. To ensure proper payment, you are solely responsible for providing and maintaining accurate contact and payment information associated with your account, which includes without limitation applicable tax information. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. Any third-party fees related to returned or cancelled payments due to a contact or payment information error or omission may be deducted from the newly issued payment. You agree to pay all applicable taxes or charges imposed by any government entity in connection with your participation in the Collect Sisu Service. If you dispute any payment made hereunder, you must notify Collect Sisu in writing within thirty (30) days of such payment or from when you purport such payment would have been due, whichever is earlier. Failure to so notify Collect Sisu shall result in the waiver by you of any claim relating to such disputed payment. We may withhold any taxes or other amounts from payments due to you as required by law.
E. Security Deposits
Owners may optionally require a security deposit on any Item or Bundle listing ("Security Deposit"). When a Security Deposit is enabled, the deposit amount is charged to the Renter at the time the Owner accepts the booking request. Security Deposits are held in escrow by Collect Sisu's third-party payment processor for the duration of the Transaction. The Security Deposit shall be automatically refunded to the Renter forty-eight (48) hours after the confirmed return of the Item or Bundle, provided no damage claim has been filed during that period. If a damage claim is filed and approved in accordance with Section 8 of these Terms, the Security Deposit (or the applicable portion thereof) shall be forfeited to compensate the Owner for the claimed damage. Security Deposits are always fully refunded in the event of a cancellation by either party.
F. Blocked Dates
Owners may block specific dates across all of their listings to indicate periods of unavailability. Blocked dates prevent Renters and Guests from submitting booking requests for those dates. It is your responsibility to keep your availability calendar and blocked dates up to date.
G. Provider-Initiated Cancellation
If you, as an Owner or Service Provider, cancel a Transaction after you have accepted the other party's request, the Renter or Guest shall receive a full one hundred percent (100%) refund of all amounts paid, including any Collect Sisu Commission and Security Deposit. Any captured payment shall be reversed in full. In addition, you shall be liable to pay, and you authorize Collect Sisu and its third-party payment processor to charge your payment method for, a cancellation penalty equal to twenty percent (20%) of the Listing Fee to compensate Collect Sisu for administrative costs and marketplace disruption.
H. Prohibited Items
You will not list or loan the following Items on the Collect Sisu Service: (i) alcohol, tobacco, drugs and drug paraphernalia; (ii) illegal items, items promoting illegal activity and highly regulated items; (iii) pornography or mature content; (iv) items that violate the Intellectual Property Rights or other proprietary rights of any third party; (v) animals and animal products; and/or (vi) any Items that are not clean or in good condition. Collect Sisu reserves the right to amend this list of prohibited Items at any time and for any or no reason and to otherwise remove any Items listed on the Collect Sisu Service, whether or not they are included on this list of prohibited Items.
I. Owner Representations and Warranties
When you enter into a Transaction as an Owner or Service Provider, you represent and warrant that: (i) you are in possession of all licenses, permits, and certifications necessary to provide the Items or Services to Renters, Guests, and Collect Sisu pursuant to these Terms; (ii) the Items or Services, your provision thereof, and the other party's use thereof under these Terms will (a) not breach any agreements you have entered into with any third parties, (b) comply with all applicable laws, tax requirements, and other rules and regulations, and (c) will not violate any third party's proprietary rights, including, but not limited to, any Intellectual Property Rights and privacy rights; and (iii) for Services, you will perform the Service in a professional and workmanlike manner consistent with industry standards and comply with all applicable health, safety, and food handling regulations.
J. Listing Rankings
The placement and ranking of listings in search results on the Collect Sisu Service may vary and depend on a variety of factors, such as search parameters and preferences, requirements, price and calendar availability, number and quality of images, customer service and cancellation history, and Reviews and Ratings.
K. Owner Guarantee
As part of the Collect Sisu Service, Collect Sisu may allow Owners to be compensated for any Items that are lost, stolen or damaged by filing a claim with Collect Sisu. Details about the guarantee, including, but not limited to, any eligibility requirements, can be found at collectsisu.com. Collect Sisu reserves the right to discontinue this Owner guarantee for any or no reason and without notice to you or to Owners generally.
L. Transaction Acknowledgement; Assumption of Risk; Release of Claims
When you lend an Item, provide a Bundle, or perform a Service as part of a Transaction, you acknowledge and agree that you are entering into a transaction with the applicable Renter or Guest -- not Collect Sisu. YOU ACKNOWLEDGE THAT THERE ARE RISKS INHERENT TO LENDING YOUR ITEMS TO RENTERS, PROVIDING BUNDLES, AND PERFORMING SERVICES AT EVENTS AND PRIVATE VENUES -- INCLUDING, BUT NOT LIMITED TO, LOSS OR DESTRUCTION OF YOUR ITEMS -- AND THAT YOU ASSUME ALL RISK IN CONNECTION WITH PROVIDING ITEMS, BUNDLES, OR SERVICES THROUGH THE COLLECT SISU SERVICE. WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE AND RELEASE COLLECT SISU FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE COLLECT SISU SERVICE AS AN OWNER OR SERVICE PROVIDER, INCLUDING WITHOUT LIMITATION ANY LIABILITY ARISING OUT OF OR RELATED TO ANY TRANSACTIONS THAT YOU MAY ENTER INTO ON THE COLLECT SISU SERVICE. IF YOU ARE A NEW YORK RESIDENT, THEN THE WAIVER CONTAINED IN THE "LIMITATION OF LIABILITY" SECTION OF THESE TERMS SHALL APPLY TO THIS RELEASE.
6. Terms Specific for Renters and Guests
A. Requests to Book
Subject to meeting any and all requirements set by Collect Sisu and/or the Owner or Service Provider (including, but not limited to, minimum guest counts, lead time requirements, and venue specifications), you may book an Item, Bundle, or Service through the Collect Sisu Service by submitting a request to the Owner or Service Provider through the Collect Sisu Service. Collect Sisu reserves the right, but is under no obligation to, verify your request prior to delivering it to the applicable Owner or Service Provider. You may withdraw your request without any charge or liability by notifying Collect Sisu, provided such withdrawal is effected prior to the Owner's or Service Provider's acceptance of the request.
B. Renter and Guest Fees
All applicable fees, including without limitation any Listing Fees, Security Deposits, customization add-on charges, and the Collect Sisu Commission (collectively, the "Transaction Fees") will be presented to you prior to submitting your booking request. Upon receipt of a booking confirmation from Collect Sisu, a legally binding agreement is formed between you and the applicable Owner or Service Provider and you agree to pay the Transaction Fees attributable to the applicable Transaction.
C. Cancellation Policies (Renter/Guest-Initiated)
Each listing on the Collect Sisu Service is assigned one of three cancellation policies by the Owner or Service Provider. The applicable cancellation policy is displayed on the listing page prior to booking. The cancellation policies are as follows:
Flexible: If you cancel three (3) or more days before the scheduled start date of the Transaction, you shall receive a full refund of the Listing Fee. If you cancel fewer than three (3) days before the scheduled start date, you shall receive a refund of fifty percent (50%) of the Listing Fee.
Moderate: If you cancel seven (7) or more days before the scheduled start date of the Transaction, you shall receive a full refund of the Listing Fee. If you cancel between three (3) and seven (7) days before the scheduled start date, you shall receive a refund of fifty percent (50%) of the Listing Fee. If you cancel fewer than three (3) days before the scheduled start date, no refund of the Listing Fee shall be issued.
Strict: If you cancel fourteen (14) or more days before the scheduled start date of the Transaction, you shall receive a full refund of the Listing Fee. If you cancel between seven (7) and fourteen (14) days before the scheduled start date, you shall receive a refund of fifty percent (50%) of the Listing Fee. If you cancel fewer than seven (7) days before the scheduled start date, no refund of the Listing Fee shall be issued.
For all cancellation policies: The Collect Sisu Commission (platform service fee of twenty percent (20%)) is non-refundable on all Renter/Guest-initiated cancellations, regardless of the cancellation policy tier or timing. Any Security Deposit charged in connection with the Transaction shall be fully refunded upon cancellation, regardless of the cancellation policy or timing.
D. Booking Flow
Transactions on the Collect Sisu Service follow a structured booking flow: (i) Request -- the Renter or Guest submits a booking request to the Owner or Service Provider; (ii) Accept -- the Owner or Service Provider accepts the request, at which point any applicable Security Deposit is charged; (iii) Exchange -- for Lending Transactions and Bundle Transactions, both parties complete condition documentation, including written descriptions and photographs of the Item(s) at the time of handoff; (iv) Active -- the rental period or service engagement is underway; (v) Return -- for Lending Transactions and Bundle Transactions, both parties again complete condition documentation, including written descriptions and photographs of the Item(s) at the time of return; and (vi) Settle -- final payment settlement, including release of any Security Deposit and processing of any claims. Both parties are encouraged to complete condition documentation thoroughly, as it serves as the primary evidence in any subsequent damage claim.
E. Limited License and Return (Items and Bundles)
You understand that when you enter into a Lending Transaction or Bundle Transaction, you are being granted a limited license by the Owner to borrow and use the Item(s) for the period identified in your booking request. You agree to return the Items no later than the time that is indicated in the accepted booking request; provided that, you may request to extend the rental period from the Owner, who may choose to extend the rental period at the Owner's sole discretion.
F. Late Fees (Items and Bundles)
If you retain an Item or Bundle beyond the agreed-upon return time, the following late fees shall apply and you authorize Collect Sisu and its third-party payment processors to charge your payment method accordingly:
Tier 1 (1 to 12 hours overdue): A late fee equal to thirty percent (30%) of the daily rental rate for the applicable Item or Bundle.
Tier 2 (more than 12 hours overdue): A late fee equal to one hundred percent (100%) of the daily rental rate for each overdue day (or any portion thereof) that you retain the Item or Bundle beyond the first twelve (12) hours.
Late fees are cumulative but shall be capped at the original Transaction total (the total Listing Fee paid for the applicable booking). If you retain the Item beyond the agreed-upon time or fail to use reasonable efforts to communicate with the Owner during your rental period to coordinate return of the Item, you no longer have a license to borrow and use the Item and the Owner is entitled to make you return the Items in a manner consistent with applicable law. In addition to the late fees described above, you shall be responsible for any legal expenses incurred by the Owner and Collect Sisu to make you return the Item.
G. Service Renter (Guest) Obligations
When you book a Service, you agree to: (i) provide accurate event details including date, time, location, and anticipated guest count; (ii) ensure the Service Provider has reasonable access to the event venue, including any necessary facilities, power sources, or other requirements specified by the Service Provider; (iii) comply with any reasonable requirements communicated by the Service Provider; and (iv) notify the Service Provider and Collect Sisu promptly of any changes to event details.
H. Damages to Items
Renters are responsible for returning Items to Owners in the condition they were in when received. Renters are responsible for their own acts and omissions and are also responsible for the acts and omissions of any individuals whom they invite to, or otherwise provide access to or use of the Items, excluding the Owners. In the event an Item is damaged, lost, stolen or destroyed, you agree that Collect Sisu and its third-party payment processors may charge your payment method for up to the fair market value of the applicable Item to compensate for such damage, loss, or destruction.
I. Renter and Guest Representations and Warranties
By submitting a request to enter into a Transaction, you represent and warrant that: (i) you have read and accepted the description of the Item or Service provided by the Owner or Service Provider; (ii) you have the funds available to cover the required payments, including Transaction Fees, any Security Deposit, and any potential late fees or damage charges; (iii) you accept responsibility for the Items and agree to pay any late fees and charges in accordance with the terms of this Section; and (iv) you agree to use the Items or Services in compliance with any and all applicable laws, rules, and regulations.
J. Transaction Acknowledgement; Assumption of Risk; Release of Claims
When you rent an Item or Bundle from an Owner, or engage a Service Provider, as part of a Transaction, you acknowledge and agree that you are entering into a transaction with the applicable Owner or Service Provider -- not Collect Sisu. WITHOUT LIMITING ANY OTHER PROVISION IN THESE TERMS AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY WAIVE AND RELEASE COLLECT SISU FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE COLLECT SISU SERVICE AS A RENTER OR GUEST, INCLUDING WITHOUT LIMITATION ANY LIABILITY ARISING OUT OF OR RELATED TO ANY TRANSACTIONS THAT YOU MAY ENTER INTO ON THE COLLECT SISU SERVICE, THE QUALITY OF SERVICES RENDERED, OR ANY INJURY, ILLNESS, OR PROPERTY DAMAGE ARISING FROM ITEMS RENTED OR SERVICES PROVIDED. IF YOU ARE A NEW YORK RESIDENT, THEN THE WAIVER CONTAINED IN THE "LIMITATION OF LIABILITY" SECTION OF THESE TERMS SHALL APPLY TO THIS RELEASE.
7. Booking Modifications
Either party to a Transaction may propose modifications to an existing booking, including changes to quantity, dates, or other material terms. The other party may accept or reject any proposed modification at their sole discretion. If a proposed modification results in a change to the Transaction price (whether an increase or decrease), the modified Transaction may require a new payment pre-authorization before the modification can take effect. Collect Sisu reserves the right to charge or refund the difference in Transaction Fees resulting from any accepted modification. No modification shall take effect until both parties have confirmed acceptance through the Collect Sisu Service.
8. Claims and Dispute Resolution Between Users
A. Filing a Claim
In the event that an Item is returned damaged, or an Owner otherwise believes they are entitled to compensation from a Renter, the Owner may file a damage claim through the Collect Sisu Service. Claims must be filed within forty-eight (48) hours of the confirmed return of the Item. All claims must be accompanied by photographic evidence documenting the alleged damage. Claims filed after the forty-eight (48) hour window or without adequate photographic evidence may be rejected at Collect Sisu's sole discretion.
B. Dispute Window
Upon receipt of a claim, the Renter shall have seven (7) days to respond and dispute the claim through the Collect Sisu Service (the "Dispute Window"). During the Dispute Window, the applicable Security Deposit (if any) shall remain held in escrow. If the Renter does not respond within the Dispute Window, the claim shall be deemed accepted by the Renter and the Security Deposit (or applicable portion thereof) shall be released to the Owner.
C. Mediation
YOU AGREE THAT WHEN YOU LEND OR RENT AN ITEM OR BUNDLE, OR PROVIDE OR RECEIVE A SERVICE ON THE COLLECT SISU SERVICE, THE TRANSACTION IS SOLELY BETWEEN YOU AND THE OTHER PARTY, AS APPLICABLE, AND THAT COLLECT SISU IS NOT A PARTY TO THE TRANSACTION. Collect Sisu has the right, but not the obligation, to monitor, assist and/or resolve any dispute between Users, including without limitation and by way of example, by charging the full estimated value of rented Items to the Renter's payment method in the event it is determined that the Renter has stolen, lost, or destroyed the Owner's Items, or by withholding payment to a Service Provider in the event it is determined that the Service was not performed as described.
In the event that parties to a Transaction are unable to resolve a dispute between them directly, they may ask Collect Sisu to mediate the dispute. Collect Sisu may accept or reject such request to be a mediator at its sole discretion. If Collect Sisu accepts the request to act as a mediator, it may charge a mediation fee of up to thirty percent (30%) of any amounts that Collect Sisu determines is payable by one party to compensate the other for any loss or damage. For Service Transaction disputes, Collect Sisu may consider factors including, but not limited to, the Service Provider's listing description, communication records, photographic evidence, and the nature and extent of any service deficiency.
9. Ratings and Reviews
Within a certain timeframe after completing a Transaction, Users may leave a public review ("Review") and submit a star rating ("Rating") about each other. Reviews and Ratings use a blind review system: each party's Review and Rating shall remain hidden from the other party until both parties have submitted their respective Reviews and Ratings, or until seventy-two (72) hours have elapsed from the completion of the Transaction, whichever occurs first. After both Reviews are submitted or the seventy-two (72) hour window closes, all submitted Reviews and Ratings shall be published simultaneously.
Ratings or Reviews reflect the opinions of the individual User and do not reflect the opinions of Collect Sisu. Ratings and Reviews are not verified by Collect Sisu for accuracy and may be incorrect or misleading. Ratings and Reviews must be accurate and may not contain any offensive or defamatory language. Users are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another User. Ratings and Reviews are part of a User's public profile and may also be surfaced elsewhere on the Collect Sisu Service together with other relevant information such as number of Transactions, number of cancellations, average response time and any other information Collect Sisu considers to be relevant.
10. Fees and Payment Terms
A. Collect Sisu Commission
Collect Sisu receives a commission from Renters and Guests for Transactions taking place through the Collect Sisu Service ("Collect Sisu Commission"). The current commission structure is as follows: For Owners and Service Providers, Collect Sisu does not charge a commission (zero percent (0%)) on the Listing Fee. For Renters and Guests, Collect Sisu charges an additional twenty percent (20%) of the Listing Fee as the Collect Sisu Commission, which is added to the Transaction total at checkout. Collect Sisu reserves the right to modify the commission structure at any time, and any such changes will be communicated to Users in advance of taking effect.
B. Commission Avoidance
You shall not engage in any practice which may avoid or lower the amount of Collect Sisu Commission that would otherwise have been payable had the Transaction been completed using the Collect Sisu Service (such practices collectively referred to as "Commission Avoidance"). Commission Avoidance includes, without limitation, entering into any Transaction or otherwise coordinating to rent Items or engage Services outside of the Collect Sisu Service. In the event of engagement by any User(s) in any Commission Avoidance, such User(s) shall indemnify and hold harmless Collect Sisu in respect of any losses suffered by Collect Sisu as a result of such Commission Avoidance. In the event that you attempt to engage a User you met through the Collect Sisu Service in a rental, service engagement, or other transaction that does not use the Collect Sisu Service, you are liable to pay a fine of up to the lesser of the Collect Sisu Commission or $200 as a penalty for doing so and Collect Sisu may terminate your account without liability to you.
C. Taxes
Collect Sisu collects applicable sales tax on Transactions via Stripe Tax, based on the customer's billing address on file. Sales tax is charged to the Renter or Guest only and is calculated and applied at checkout. It is your responsibility as a Renter or Guest to ensure that your billing address is accurate and current, as the billing address determines the applicable tax rate. Owners and Service Providers are solely responsible for any income tax obligations arising from their earnings through the Collect Sisu Service. If we believe that we are obligated to obtain tax information and you do not provide this information to us after we have requested it, we may withhold your payments until you provide this information or otherwise satisfy us that you are not a person or entity from whom we are required to obtain tax information. We may withhold any taxes or other amounts from payments due to you as required by law.
D. Payment Processing Services
Payments made through the Collect Sisu Service are processed by Stripe. Payment processing services for Owners and Service Providers on Collect Sisu 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 an Owner or Service Provider on Collect Sisu, 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 Collect Sisu enabling payment processing services through Stripe, you agree to provide Collect Sisu accurate and complete information about you and your business, and you authorize Collect Sisu to share it and transaction information related to your use of the payment processing services provided by Stripe.
11. Privacy
We care about the privacy of our Users. You understand that by using the Collect Sisu Service, you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy.
12. Email Communications
By creating an account on the Collect Sisu Service, you consent to receive email communications from Collect Sisu, including account-related notifications, transaction confirmations, booking updates, and other service-related messages. We may also send you promotional emails about new features, special offers, or other information we think you may find interesting. If you do not wish to receive promotional emails, you may opt out by following the unsubscribe instructions included in each email or by updating your preferences in your account settings. Please note that even if you opt out of promotional emails, we will still send you transactional and service-related communications necessary for the operation of your account.
13. Security
Collect Sisu cares about the integrity and security of your personal information. However, we cannot guarantee that unauthorized third parties will never be able to defeat our security measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.
14. Copyright Policy
It is our policy to respond to alleged infringement notices that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Collect Sisu Service, please notify Collect Sisu's copyright agent as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing: an electronic or physical signature of a person authorized to act on behalf of the copyright owner; identification of the copyrighted work that you claim has been infringed; identification of the material that is claimed to be infringing and where it is located on the Collect Sisu Service; information reasonably sufficient to permit Collect Sisu to contact you, such as your address, telephone number, and email address; a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and a statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
DMCA notices should be submitted to: support@collectsisu.com
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING WITHOUT LIMITATION MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.
In accordance with the DMCA and other applicable law, Collect Sisu has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers. Collect Sisu may also at its sole discretion limit access to the Collect Sisu Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
15. Third-Party Links and Information
The Collect Sisu Service may contain links to third-party materials that are not owned or controlled by Collect Sisu. Collect Sisu does not endorse or assume any responsibility for any such third-party sites, information, materials, products, or services. If you access a third-party website or service from the Collect Sisu Service or share your User Content on or through any third-party website or service, you do so at your own risk, and you understand that these Terms and Collect Sisu's Privacy Policy do not apply to your use of such sites. You expressly relieve Collect Sisu from any and all liability arising from your use of any third-party website, service, or content, including without limitation User Content submitted by other Users. Additionally, your dealings with or participation in promotions of advertisers found on the Collect Sisu Service, including, but not limited to, payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Collect Sisu shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
16. Indemnity
You agree to defend, indemnify and hold harmless Collect Sisu and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Collect Sisu Service, including without limitation any data or content transmitted or received by you and your renting, lending, and/or borrowing of any Items or engagement in any Service Transactions; (ii) your violation of any term of these Terms, including without limitation your breach of any of the representations and warranties above; (iii) your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights; (iv) your violation of any applicable law, rule or regulation; (v) User Content or any content that is submitted via your account including without limitation misleading, false, or inaccurate information; (vi) your willful misconduct; or (vii) any other party's access and use of the Collect Sisu Service with your unique username, password or other appropriate security code.
17. No Warranty
THE COLLECT SISU SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. USE OF THE COLLECT SISU SERVICE IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COLLECT SISU SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COLLECT SISU OR THROUGH THE COLLECT SISU SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, COLLECT SISU, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE COLLECT SISU SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE COLLECT SISU SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE COLLECT SISU SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE COLLECT SISU SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE COLLECT SISU SERVICE.
COLLECT SISU DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE COLLECT SISU SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND COLLECT SISU WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS AND EXCLUSIONS UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
18. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COLLECT SISU, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL COLLECT SISU BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE COLLECT SISU SERVICE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COLLECT SISU ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE COLLECT SISU SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE COLLECT SISU SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL COLLECT SISU, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING THE AMOUNT YOU PAID TO COLLECT SISU HEREUNDER OR $100.00, WHICHEVER IS GREATER.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COLLECT SISU HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
19. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
A. Governing Law
You agree that: (i) the Collect Sisu Service shall be deemed solely based in the State of New York; and (ii) the Collect Sisu Service shall be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York. These Terms shall be governed by the internal substantive laws of the State of Delaware, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in New York, New York for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including, but not limited to, any provisional relief required to prevent irreparable harm. You agree that New York, New York is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
B. Arbitration
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE PARTIES TO ARBITRATE THEIR DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM COLLECT SISU. For any dispute between you and Collect Sisu, you agree to first contact us at resolutions@collectsisu.com and attempt to resolve the dispute with us informally. In the unlikely event that Collect Sisu has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in New York, New York, unless you and Collect Sisu agree otherwise. If you are using the Collect Sisu Service for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys' fees and reasonable costs for expert and other witnesses. If you are an individual using the Collect Sisu Service for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney's fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Collect Sisu from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
C. Class Action/Jury Trial Waiver
WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE COLLECT SISU SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND COLLECT SISU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.
20. Mobile Applications
If and when Collect Sisu makes available software to access the Collect Sisu Service via a mobile device ("Mobile Applications"), the following terms shall apply. To use any Mobile Applications, you must have a mobile device that is compatible with the Mobile Applications. Collect Sisu does not warrant that the Mobile Applications will be compatible with your mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. Collect Sisu hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one Collect Sisu User Account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications.
If Mobile Applications are acquired from the Apple App Store, you acknowledge and agree that these Terms are solely between you and Collect Sisu, not Apple, Inc. ("Apple"), and that Apple has no responsibility for the software or content thereof. Your use of Apple-sourced software must comply with the Apple App Store Terms of Service. You acknowledge that Apple has no obligation to furnish any maintenance and support services with respect to the software. Apple is not responsible for addressing any claims relating to the software or your possession and/or use of the software. You and Collect Sisu acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms as relates to your license of any Apple-sourced software.
If Mobile Applications are acquired from the Google Play Store, you acknowledge that these Terms are between you and Collect Sisu only, and not with Google, Inc. ("Google"); your use of Google-sourced software must comply with Google's then-current Google Play Store Terms of Service; Google is only a provider of the Google Play Store; Collect Sisu, and not Google, is solely responsible for its software; Google has no obligation or liability to you with respect to the software or these Terms; and you acknowledge and agree that Google is a third-party beneficiary to these Terms as it relates to Collect Sisu's Google-sourced software.
21. General
A. Assignment
These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Collect Sisu without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
B. Notification Procedures and Changes to these Terms
Collect Sisu may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Collect Sisu in our sole discretion. Collect Sisu reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in these Terms. Collect Sisu is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Collect Sisu may, in its sole discretion, modify or update these Terms from time to time, and so you should review this page periodically. When we change these Terms in a material manner, we will update the 'last modified' date at the bottom of this page and notify you that material changes have been made to these Terms. Your continued use of the Collect Sisu Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Collect Sisu Service.
C. Entire Agreement/Severability
These Terms, together with any amendments and any additional agreements you may enter into with Collect Sisu in connection with the Collect Sisu Service, shall constitute the entire agreement between you and Collect Sisu concerning the Collect Sisu Service. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
D. No Waiver
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and Collect Sisu's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
E. Contact
Please contact us at support@collectsisu.com with any questions regarding these Terms.