EquipAssist Terms of Service

Effective Date: August 25, 2026

Last Updated: August 25, 2026 Version: 2.0

1. Agreement and Operator

These Terms of Service (“Terms”) govern your use of the EquipAssist mobile application, website, support channels, and related services (the “Service”). The Service is operated by Earl Clark, operating as EquipAssist (“EquipAssist,” “we,” “us,” or “our”) in North Carolina, USA.

By creating an account or using the Service, you agree to these Terms, the Privacy Policy, the Data Deletion Policy, and, when you participate in an equipment transaction, the Borrowing Terms. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 18 years old, able to enter a binding agreement, and legally permitted to use the Service. You must provide accurate account information and must not use the Service if your account has been suspended or terminated.

The Service is currently intended for users in the United States. Availability in a location does not mean that every feature, item, or transaction is lawful or appropriate there.

3. Accounts and Security

You are responsible for activity under your account and for protecting your device and credentials. You must promptly notify support@equipassist.net if you suspect unauthorized access.

Face ID, fingerprint, or another supported biometric may be used to unlock a securely stored session on your device. Device biometrics do not replace your account credentials, and EquipAssist may require password or other verification after logout, session expiration, credential changes, device revocation, or a security event.

You may not share, sell, transfer, or provide another person access to your account.

4. What EquipAssist Provides

EquipAssist provides technology that may help users discover equipment, publish listings, communicate, arrange meetings, and coordinate lending or borrowing. EquipAssist is not the owner, seller, lessor, custodian, inspector, certifier, or manufacturer of user-listed equipment and is not a party to agreements made directly between users.

We do not guarantee:

• The identity, qualifications, conduct, or reliability of any user
• The ownership, legality, availability, cleanliness, safety, condition, or suitability of any item
• That a request, meeting, loan, return, or dispute will be completed successfully
• Continuous, error-free, or uninterrupted availability of the Service

Users are responsible for evaluating each other and the equipment involved in a transaction.

5. Medical and Emergency Disclaimer

EquipAssist is not a healthcare provider, medical professional, insurer, pharmacy, emergency service, or medical-device supplier. The Service does not provide medical advice, diagnosis, treatment, prescriptions, monitoring, or emergency assistance.

Before using equipment, obtain advice from a qualified healthcare professional when appropriate and read the manufacturer’s instructions, warnings, recalls, maintenance requirements, and sanitation guidance. Do not rely on EquipAssist or another user to determine whether equipment is safe or appropriate for you.

If you believe you are experiencing a medical emergency, call 911 or your local emergency service. Do not use EquipAssist messaging for emergency assistance.

6. User Responsibilities

You agree to:

• Provide truthful profile, listing, condition, availability, and transaction information
• Confirm that you have the legal right to list or transfer possession of equipment
• Inspect equipment and document its condition before and after a transaction
• Follow applicable laws, prescriptions, manufacturer instructions, and safety requirements
• Communicate respectfully and honor commitments made to other users
• Keep private addresses, health details, and other sensitive information out of public content
• Report suspected fraud, dangerous equipment, harassment, or illegal activity

Owners remain responsible for deciding whether to lend an item and for accurately describing it. Borrowers remain responsible for deciding whether to accept and use an item and for returning it as agreed.

7. Prohibited Conduct and Items

You may not:

• Break the law, facilitate fraud, impersonate another person, or infringe intellectual-property or privacy rights
• Threaten, harass, discriminate against, exploit, or endanger another person
• Publish false, deceptive, illegal, obscene, or harmful content
• List stolen, recalled, contaminated, counterfeit, unlawfully obtained, prescription-only, or otherwise restricted equipment when transfer is prohibited
• Misrepresent equipment ownership, condition, sanitation, maintenance, approval, or medical suitability
• Modify, repair, resell, sublet, or transfer borrowed equipment without authorization
• Introduce malware, scrape the Service, bypass access controls, probe security, or interfere with operation
• Use the Service to provide unlicensed medical advice or to discourage appropriate medical care

We may remove content, restrict features, preserve evidence, suspend accounts, or contact appropriate authorities when reasonably necessary to protect the Service or others.

8. User Content

You retain ownership of content you submit. You grant EquipAssist a nonexclusive, worldwide, royalty-free license to host, store, reproduce, display, format, and transmit that content only as reasonably necessary to operate, secure, improve, and support the Service and resolve reports or disputes.

You represent that you have the rights needed to submit your content. You may not post another person’s private or copyrighted material without permission or another lawful basis.

9. Borrowing Arrangements and Disputes

Users set and accept their own transaction details. Record important terms in EquipAssist messages, including the item, condition, accessories, pickup, return date, cleaning, and any agreed responsibility for loss or damage.

EquipAssist may receive reports, preserve platform records, enforce platform rules, or help users communicate. Unless we expressly agree otherwise in writing, EquipAssist does not hold funds in escrow, insure transactions, make binding damage awards, collect debts, or act as an arbitrator. Users retain responsibility for resolving claims and may pursue available legal remedies.

The Borrowing Terms contain additional transaction rules and are incorporated into these Terms.

10. Fees

The beta Service may offer features without a platform fee. If EquipAssist introduces a fee or paid feature, the amount, payment terms, and any applicable cancellation or refund terms will be disclosed before you authorize a charge. We will not charge you merely by changing these Terms.

Users must not request or make unlawful payments through the Service.

11. Privacy

Our Privacy Policy explains how we handle personal information. You agree not to misuse information received about another user. Transaction information may be preserved when reasonably necessary for safety, fraud prevention, legal compliance, or dispute handling.

12. Suspension, Termination, and Account Deletion

You may stop using the Service at any time and may schedule account deletion through Account Settings. A seven-day grace period currently applies, subject to the Data Deletion Policy.

We may limit, suspend, or terminate access when we reasonably believe you violated these Terms, created risk or legal exposure, used the Service fraudulently, or threatened another person or the Service. Where appropriate, we may provide notice or an opportunity to appeal through support.

Provisions that by their nature should survive termination remain in effect, including ownership, disclaimers, liability limitations, and dispute provisions.

13. Disclaimers

To the fullest extent permitted by law, the Service is provided “as is” and “as available.” EquipAssist disclaims implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Nothing in these Terms excludes a warranty or right that cannot lawfully be excluded.

You assume the risks of interacting with other users and accepting or using equipment. Use reasonable precautions, meet in an appropriate location, inspect equipment, and seek professional advice when needed.

14. Limitation of Liability

To the fullest extent permitted by law, EquipAssist and its operator will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of data, profits, goodwill, opportunity, or use arising from the Service or a user transaction.

To the fullest extent permitted by law, total liability arising from the Service will not exceed the greater of the amount you paid directly to EquipAssist during the twelve months before the event giving rise to the claim or US $100.

These limitations do not apply where prohibited by law or to liability that cannot lawfully be limited.

15. Indemnity

To the extent permitted by law, you agree to defend, indemnify, and hold harmless EquipAssist and its operator from third-party claims, losses, and reasonable costs arising from your content, equipment, transaction, misuse of the Service, violation of these Terms, or violation of another person’s rights. This obligation does not apply to the extent a claim was caused by EquipAssist’s unlawful conduct.

16. Governing Law and Disputes

Before filing a claim, you and EquipAssist agree to attempt informal resolution for at least 30 days after written notice to support@equipassist.net. The notice should describe the issue and requested resolution.

These Terms are governed by the laws of North Carolina, without regard to conflict-of-law rules. Subject to any consumer right that requires another forum, disputes will be brought in a state or federal court with jurisdiction in North Carolina.

These Terms do not impose mandatory arbitration or waive a right to participate in a class action. Any future arbitration agreement or class-action waiver must be presented separately and reviewed for legal compliance before it can apply.

17. Changes to the Service or Terms

We may change or discontinue features and may update these Terms. We will update the date above and provide additional notice when required. Material changes apply prospectively. If you do not agree to updated Terms, stop using the Service and delete your account.

18. General Terms

If a provision is unenforceable, it will be limited or removed only to the extent necessary, and the remaining provisions will continue. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our written consent; EquipAssist may assign them as part of a lawful business transfer. These Terms and the incorporated policies are the entire agreement concerning the Service.

19. Contact

Operator: Earl Clark, operating as EquipAssist

Email: support@equipassist.net

Jurisdiction: North Carolina, USA