Legal

Terms of Service

Last Updated: September 28, 2026

This Agreement includes Disclaimers and a Limitation of Liability that limit Fleat’s liability. With very limited exceptions, disputes between you and Fleat must be resolved by binding arbitration and not in court.

1. Welcome

Fleat LLC and its affiliated entities (“Fleat,” “we,” “us,” or “our”) provide the Fleat Ops, Fleat Lite, and Fleat Network software platforms, websites, applications, and related services (collectively, the “Platform”). The Platform is designed to assist owners, managers, promoters, and other operators of swap meets, flea markets, farmers markets, open-air markets, vintage markets, maker markets, pop-up markets, and similar recurring or event-based marketplaces (collectively, “Organizers”) in managing their markets, events, spaces, vendors, applications, bookings, payments, and related operations. Shops, sellers, exhibitors, merchants, and other businesses or individuals that participate or seek to participate in such markets are referred to collectively as “Vendors.” Fleat Network may also provide publicly accessible pages, listings, profiles, and other information relating to Organizers, markets, events, and Vendors. Individuals who access or browse publicly available portions of the Platform without acting as an Organizer or Vendor are referred to as “Visitors.” Organizers and Vendors may use the Platform to facilitate applications, communications, scheduling, space assignments, bookings, licensing, payments, and the execution or exchange of agreements relating to participation in a market or event, including property-rental or license agreements (“Rental Contracts”). “Order Form” means an ordering document, proposal, subscription agreement, or other written agreement between Fleat and an Organizer governing the applicable Fleat services, fees, or subscription term. An Organizer may authorize its employees, contractors, or other personnel (“Authorized Users”) to access an organizational account (“Organization Account”) using their respective User IDs. The Organizer is responsible for its Authorized Users’ compliance with this Agreement and for ensuring that each Authorized User is authorized to act on its behalf.

This is a binding agreement between Fleat and both you and the entity you represent, if applicable (collectively “you”) and applies to you whether you are an Organizer, a Vendor, or a Visitor. These Terms of Service, together with any other terms you and Fleat agree to, form the “Agreement” that governs your access and use of the Platform and any other products or services provided by Fleat through the Platform. The Fleat Privacy Policy, available at https://privacy.myfleat.com/, describes how Fleat collects, uses, discloses, retains, and otherwise processes personal information in connection with the Platform.

Before using the Platform, please read this Agreement carefully. By accessing or using the Platform in any way, you agree that you: (i) have read and understand this Agreement; (ii) have the authority to bind yourself and any entity you represent, if applicable; (iii) accept this Agreement; and (iv) will not use the Platform in violation of this Agreement. If you do not agree to this Agreement, you must not access or use the Platform.

For clarity, this Agreement governs the relationship between you and Fleat with respect to your access to and use of the Platform. Any relationship or transaction between an Organizer and a Vendor, including applications, approvals, participation requirements, bookings, space assignments, fees, cancellations, refunds, market rules, and any Rental Contract or other agreement between them, is solely between that Organizer and Vendor. Fleat is not a party to, and is not responsible for creating, providing, negotiating, interpreting, enforcing, or ensuring compliance with, any such agreement, rules, or terms unless Fleat expressly agrees otherwise in writing. Although the Platform may enable Organizers and Vendors to communicate, exchange information, accept applications, make or receive payments, or execute or exchange Rental Contracts or other agreements, the applicable Organizer and Vendor remain solely responsible for the terms of their relationship and for their respective obligations. To the fullest extent permitted by applicable law, Fleat is not responsible for disputes, claims, losses, or liabilities arising out of or relating to any relationship, transaction, agreement, or dispute between an Organizer and a Vendor.

Business Use Only

The Platform’s Organizer and Vendor account features are intended solely for business and commercial purposes and for transactions between Organizers and Vendors. Vendors may use the Platform in their individual capacity when operating as sole proprietors, independent sellers, or otherwise engaging in commercial activity. Publicly accessible portions of Fleat Network may be viewed by Visitors for informational and discovery purposes. Such access does not create a commercial, contractual, or consumer relationship between Fleat and any Organizer, Vendor, market, or event identified through the Platform. Except for these publicly accessible features, the Platform is not intended for use primarily for personal, family, or household purposes.

Fleat’s direct competitors may not access or use non-public portions of the Platform without Fleat’s prior written consent. The Platform also may not be accessed or used for competitive benchmarking, competitive analysis, or the development or improvement of a competing product or service, except with Fleat’s prior written consent.

Contact Us

You may contact us regarding the Platform or this Agreement at: support@myfleat.com.

Changes to this Agreement and the Platform

We may update this Agreement from time to time as the Platform evolves by posting a revised version and updating the “Last Updated” date above.

For material changes to this Agreement, we will provide reasonable notice before the changes become effective, which may include conspicuous notice within the Platform, notice by email, or another reasonable method. Unless otherwise required by applicable law, material changes will not apply to you until the later of:

Non-material changes, including clarifications, corrections, or changes that do not materially reduce your rights or increase your obligations, may become effective when posted.

Your continued access to or use of the Platform after an updated Agreement becomes effective for you constitutes your acceptance of the updated Agreement. Subject to any commitments expressly set forth in an applicable Order Form, Fleat may modify, add, remove, suspend, or discontinue features or portions of the Platform from time to time. Where reasonably practicable, Fleat will use commercially reasonable efforts to provide advance notice of any material discontinuation of paid functionality.

2. Registration

Accounts & User IDs

You must be 18 years of age or older to create a User ID or use any account-based features of the Platform. To access non-public portions of the Platform, you must create a unique account (each, a “User ID”) and authenticate using a supported login method. Depending on the services available to you, Fleat may permit authentication using a password, a supported third-party account such as Google or Microsoft, a one-time password (“OTP”), or another authentication method made available by Fleat.

You are responsible for maintaining the security of your User ID and authentication credentials and for activity conducted through your User ID. You must promptly notify Fleat if you know or reasonably suspect that your User ID has been accessed or used without authorization. Except where Fleat has been notified of unauthorized access or as otherwise required by applicable law, Fleat may treat activity conducted through your User ID as authorized by you.

3. Termination & Suspension

You may use the Platform until your access or this Agreement is terminated or suspended as provided in this Agreement. If your use of any paid Fleat service is governed by an Order Form, your right to use that service will continue for the applicable subscription term unless terminated or suspended in accordance with this Agreement or the Order Form.

This Agreement, an Order Form, or your access to some or all of the Platform may be terminated or suspended as follows:

Termination or suspension of an Organizer’s Fleat Ops, Fleat Lite, Organization Account, or Order Form does not terminate or suspend the independent Fleat Network accounts of Vendors who have interacted with that Organizer. Vendors may continue to access their own Fleat Network accounts and other participating Organizers, subject to this Agreement.

Following termination or suspension of an Organizer’s account or services, Vendors may lose access to functionality, transactions, applications, listings, pages, or other content that was available specifically through that Organizer. Historical transaction or relationship records may remain available through the Platform where Fleat elects or is required to retain them. Vendors may contact support@myfleat.com regarding records that are no longer available through their accounts, although Fleat does not guarantee that all records will remain available indefinitely.

Termination of an Organizer’s account does not necessarily require Fleat to remove publicly available information relating to the Organizer, its markets, or its events from Fleat Network. Fleat may continue to display information that is publicly available, independently obtained, submitted by third parties, or otherwise permitted to be displayed under this Agreement, subject to any applicable correction, removal, or privacy rights.

Closing or terminating a Vendor’s Fleat Network account may cause the Vendor’s Fleat Network profile to become unavailable or no longer publicly displayed. Information previously provided to an Organizer through an application, booking, transaction, or other interaction may remain accessible to that Organizer and may be retained by Fleat in accordance with the Privacy Policy, applicable law, and Fleat’s legitimate recordkeeping requirements.

Payment obligations and other liabilities accruing before termination or expiration remain due and payable. The provisions of this Agreement relating to fees and payment obligations, intellectual property, permitted and prohibited use, disclaimers, limitation of liability, indemnification, dispute resolution, general provisions, and any other provisions that by their nature should survive termination will survive any termination, suspension, or expiration of this Agreement or your use of the Platform.

4. Platform Services

Fleat provides the Platform to help Organizers and Vendors manage, discover, and participate in markets and events. Depending on the Fleat products and features available to a user, the Platform may provide functionality for market and event listings, Vendor profiles, applications, vendor management, communications, space inventory and assignments, scheduling, bookings, payments, check-in, reporting, admission and access management, and other related operational or transactional activities. Organizers may also use certain Platform features to facilitate transactions with shoppers or other attendees, including admission payments processed through third-party payment providers. Fleat Network may make certain information about Organizers, markets, events, and Vendors publicly accessible to Visitors for informational and discovery purposes.

Fleat does not own, operate, manage, or control any market, event, venue, or space listed or managed through the Platform, nor does Fleat act as an agent, broker, employer, partner, or representative of any Organizer or Vendor unless expressly agreed otherwise in writing. Organizers remain solely responsible for the operation of their markets and events, including their rules, pricing, admissions, space availability and assignments, Vendor selection, participation requirements, and compliance obligations.

The Platform may enable Organizers and Vendors to discover one another, communicate, exchange information, submit and review applications, make or accept bookings and payments, and enter into Rental Contracts or other agreements. Fleat provides the technology through which these activities may occur but, except for services expressly provided by Fleat itself, is not a party to any resulting relationship, transaction, Rental Contract, or other agreement between an Organizer and Vendor.

Communications and Text Messaging

The Platform may allow Organizers to send or facilitate communications to Vendors and other individuals through email, text message (“SMS”), or other communications channels. When you initiate or direct a communication through the Platform, you are responsible for the content of that communication and for ensuring that you have all rights, permissions, and consents required by applicable law to contact each recipient.

Message frequency varies. Message and data rates may apply. Recipients may reply STOP to opt out of text messages or HELP for assistance. Fleat may use third-party communications providers to transmit messages, and delivery is not guaranteed. Carriers are not liable for delayed or undelivered messages. For information about how Fleat processes mobile information and SMS opt-in consent, please review our Privacy Policy.

If you are an Organizer, you represent and warrant that your use of Platform communications features will comply with applicable communications, telemarketing, privacy, and consumer-protection laws and that you have obtained any consent required to send each communication. You may not use the Platform to send unsolicited marketing or promotional communications unless the recipient has provided any consent required by applicable law.

Recipients may have the right to withdraw or revoke consent to receive certain communications. You must honor applicable opt-out and revocation requests and may not attempt to circumvent suppression or opt-out mechanisms provided by Fleat. Fleat may block, suppress, or otherwise prevent communications to a recipient who has opted out or where Fleat reasonably determines that continued communications could violate applicable law, carrier requirements, or Platform policies.

Fleat is not responsible for delays, failures, filtering, or other delivery issues caused by telecommunications carriers, communications providers, recipient devices, inaccurate contact information, or circumstances outside Fleat’s reasonable control.

Nothing in this section limits Fleat’s responsibility for communications that Fleat independently initiates for its own purposes.

Third Party Websites & Materials

The Platform may embed, integrate with, connect to, or link to third-party services, data, content, software, or other materials (collectively, “Outside Materials”). Fleat does not control Outside Materials and makes no representations or warranties regarding their availability, quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any particular purpose. Outside Materials are made available for convenience and do not constitute an endorsement by Fleat.

Outside Materials are controlled by the applicable third-party provider and may be subject to additional terms, policies, or agreements made available by that third party (“Outside Terms”). Your acceptance or use of Outside Materials may create a separate agreement between you and the applicable third party. Fleat is not a party to any such Outside Terms.

Except to the extent expressly provided in this Agreement or required by applicable law, Fleat is not responsible for, and disclaims liability arising from, Outside Materials or the acts or omissions of any provider of Outside Materials.

5. Fleat Fees and Payment

Fees

For Organizers, Fleat charges any subscription, software, or other fees set forth in an applicable Order Form or otherwise disclosed to you through the Platform (the “Platform Fees”). By using any paid portion of the Platform, you agree to pay all applicable Platform Fees. Subject to applicable law and the terms of any applicable Order Form, Fleat reserves the right to adjust its pricing and fees at any time on a prospective basis.

Certain Fleat products or service tiers, including Fleat Lite and Fleat Network, may be offered without subscription or software fees but may be subject to transaction, payment-processing, or other usage-based fees as described in Section 6 of this Agreement or otherwise disclosed through the Platform.

Payments to Fleat

To use certain paid features of the Platform, unless otherwise stated in an Order Form or agreed to by Fleat in writing, an Organizer may be required to provide and maintain at least one valid Payment Method associated with its account. “Payment Method” means a valid credit card, bank account, debit card, or other payment method accepted by Fleat or its designated third-party payment provider (a “Payment Provider”).

You authorize Fleat and its applicable Payment Provider, as applicable, to validate and authorize your Payment Method and to charge or debit your Payment Method for Platform Fees and other amounts you owe under this Agreement or an applicable Order Form. Payment Method information may be collected, processed, and stored by Fleat’s Payment Provider in accordance with its applicable terms and privacy practices. By providing Payment Method information, you represent that: (i) you are legally authorized to provide such information; (ii) you are legally authorized to make payments using the Payment Method(s); and (iii) such actions do not violate the terms and conditions applicable to your use of such Payment Method(s) or applicable law.

Non-Circumvention

Where an Organizer’s applicable Fleat product, pricing plan, or transaction is subject to payment-processing or transaction fees, the Organizer may not intentionally circumvent those fees by using the Platform to initiate, arrange, record, or facilitate a transaction and then directing or processing that transaction outside the applicable Fleat-supported payment process for the primary purpose of avoiding fees owed to Fleat. This provision does not prohibit an Organizer from accepting cash, checks, third-party payments, or other payment methods where permitted by the Organizer’s applicable Fleat product, pricing plan, or Order Form.

Fleat may investigate payment activity that it reasonably believes indicates circumvention of fees or misuse of the Platform. Organizers agree to reasonably cooperate with such investigations. If Fleat reasonably determines that an Organizer has materially or repeatedly circumvented applicable fees, Fleat may recover amounts properly owed and may restrict, suspend, or terminate the affected services or account in accordance with this Agreement.

Non-Payment

If you fail to pay any Platform Fees, Transaction Fees, or any other amounts when due, whether to Fleat or to any other Platform user, Fleat may, subject to any notice or cure period expressly provided in this Agreement or an applicable Order Form, (i) temporarily suspend or permanently revoke your access to some or all of the Platform, (ii) charge all or a portion of any amounts due and owing to Fleat to any Payment Method on file for you, and (iii) pursue any other remedies that may be available under applicable law or the terms of this Agreement.

In addition, Fleat may refer amounts owed to Fleat for collection, make reports to appropriate authorities where permitted by applicable law, and cooperate with authorities in any lawful investigation or proceeding. Furthermore, while Fleat may pursue remedies for non-payment under this Agreement and as may be available under applicable law, it is not obligated to take any such specific actions, and its decision not to pursue any one or more remedies will not constitute a breach of this Agreement.

Notwithstanding the temporary suspension or permanent revocation of your access to the Platform due to non-payment, you will remain responsible for any amounts that accrued before suspension or termination or otherwise remain payable under this Agreement or an applicable Order Form.

For the avoidance of doubt, Fleat does not guarantee that any Vendor is able to pay or will pay any amounts due to an Organizer and is not responsible for non-payment by any Vendor.

6. Vendor Payments

Vendor Bookings

The Platform may allow Vendors to book spaces or otherwise participate in markets or events and pay Organizers directly through the Platform. While the Platform may be used to facilitate such bookings and payments, Fleat’s role is to provide the technology through which Organizers and Vendors may arrange and manage those transactions and, where applicable, to facilitate payments through Fleat’s Payment Provider(s), as described under Payment Processing below. Fleat is not a party to the underlying booking, Rental Contract, or other transaction between an Organizer and Vendor.

You agree and acknowledge that Fleat is not responsible for adjudicating disputes between Vendors and Organizers regarding bookings, payments, refunds, cancellations, space assignments, or other terms of their transaction. Any such dispute must be resolved directly between the affected Organizer and Vendor, although Fleat may, in its discretion, provide reasonable assistance or information regarding transactions conducted through the Platform.

Payment Processing

Payment processing services for the Platform are provided by third-party payment processors. Payment Providers used by Fleat may include Stripe, Inc. and other payment processors made available from time to time.

Payments facilitated through applicable payment features of the Platform are processed by a Payment Provider, which may require that you enter into a separate agreement with the Payment Provider. Fleat is not a party to your agreements with any Payment Provider and is not responsible for the Payment Provider’s performance or obligations under such agreements, except as otherwise required by applicable law. It is your responsibility to keep any information you provide to Payment Providers pursuant to this Agreement up-to-date, and Fleat is not responsible for payment delays, failures, or errors caused by inaccurate information you provide or by a Payment Provider.

If you connect or use an account with a Payment Provider through the Platform, you authorize Fleat to access and use information concerning that account and related payment activity, provide information to and receive information from the Payment Provider, and submit instructions or take actions on your behalf as reasonably necessary to provide the Platform’s payment functionality, including payments, payouts, refunds, disputes, reversals, and related account administration. Your use of a Payment Provider is also subject to your separate agreement with that Payment Provider, including, where applicable, Stripe’s Connected Account Agreement.

Transaction Fees, Refunds, and Payment Disputes

Payments processed through the Platform may be subject to transaction fees charged by Fleat for use of the Platform (“Transaction Fees”). Transaction Fees may consist of a percentage of the transaction amount, a fixed amount, or both, and may vary by Fleat product, pricing plan, Payment Provider, or transaction type, and may apply regardless of the payment method used. Transaction Fees are fees charged by Fleat and may include amounts intended to recover or offset fees and costs charged to Fleat by a Payment Provider.

Depending on the applicable Fleat product, pricing plan, and Organizer settings, Transaction Fees may be borne entirely by the Organizer, entirely by the Vendor, or allocated between them. Any portion of a Transaction Fee payable by a Vendor will be disclosed to the Vendor at checkout or otherwise before the applicable transaction is completed. Transaction Fees on payments from shoppers or other attendees are borne entirely by the Organizer and are not charged to the shopper.

Fleat’s then-current Transaction Fee structure may also be described in its fee documentation, currently available in our transaction fee documentation, as updated from time to time. In the event of any difference between a generally published fee or calculation and the Transaction Fee specifically disclosed for a particular transaction, the amount disclosed for that transaction will control. Cash, checks, or other payments not processed through the Platform are not subject to Transaction Fees unless otherwise disclosed.

“Organizer Proceeds” means the total amount paid in connection with a transaction less the full applicable Transaction Fee, including any portion of the Transaction Fee paid by a Vendor, and any other authorized deductions.

Organizers are responsible for payment disputes, chargebacks, reversals, and similar amounts arising from transactions between the Organizer and its Vendors, including any related fees or costs assessed by a Payment Provider or payment network in connection with receiving, responding to, contesting, escalating, resolving, or otherwise administering a dispute (collectively, “Dispute Amounts”). Fleat may provide notice of a Dispute Amount through the Platform, by email, invoice, or another reasonable method.

Fleat may, but is not obligated to, respond to and manage payment disputes on an Organizer’s behalf during the applicable dispute period. The Organizer authorizes Fleat to submit evidence and communications to the Payment Provider for that purpose and agrees to promptly provide information Fleat reasonably requests. Fleat may charge Dispute Amounts to the Organizer when assessed by the Payment Provider, after the dispute is resolved, or at another reasonable time in connection with administration of the dispute. Fleat is not responsible for the outcome of any dispute.

Organizers are responsible for determining whether to authorize refunds relating to their transactions with Vendors, subject to applicable law and applicable Payment Provider requirements. Refunds may be processed by Fleat on behalf of an Organizer through functionality made available through the Platform or upon the Organizer’s request.

Unless otherwise stated by Fleat or required by applicable law, Transaction Fees are non-refundable and may be excluded from any refund issued to a Vendor. Accordingly, Fleat may refund all or any portion of the Organizer Proceeds without refunding the applicable Transaction Fees, even if the Transaction Fees were collected, retained, deducted, or allocated as part of the original payment.

Fleat may, in its sole discretion, waive or refund all or any portion of its Transaction Fees, including as a courtesy, but doing so in any instance does not obligate Fleat to do so for any other transaction. Fleat may also elect, in its discretion, to reverse or refund the entire amount originally paid by a Vendor, including applicable Transaction Fees. Payment-processing or other fees charged to Fleat by a Payment Provider may be non-refundable, and Fleat is not obligated to absorb such fees.

Organizers are responsible for funding refunds, Dispute Amounts, and other payment adjustments to the extent attributable to Organizer Proceeds. The Organizer authorizes Fleat, directly or through a Payment Provider, to administer Organizer Proceeds in connection with transactions processed through the Platform, including by directing, transferring, withholding, deducting, reversing, setting off, or otherwise applying Organizer Proceeds as reasonably necessary to process refunds, payment disputes, chargebacks, reversals, Transaction Fees, adjustments, and other amounts owed or authorized under this Agreement.

If Organizer Proceeds are insufficient to satisfy an amount for which the Organizer is responsible, Fleat may charge an authorized Payment Method, deduct the amount from future Organizer Proceeds or other amounts payable to the Organizer, or invoice the Organizer.

Fleat may also process or cause a full or partial refund or reversal of a transaction where requested or authorized by the Organizer, required by applicable law or a Payment Provider, or reasonably necessary to correct a payment error, address suspected fraud or abuse, or protect the integrity of the Platform.

Payments through the Platform will be denominated and settled in U.S. Dollars unless Fleat expressly makes another currency available.

7. Permitted Use

Fleat fosters a trusted environment to enable Organizers and Vendors to discover, communicate, manage, and transact with one another and to enable Visitors to access publicly available information through the Platform (collectively, the “Permitted Use”). You agree to communicate honestly and provide true, complete, and accurate information through the Platform, always in a manner consistent with the Permitted Use.

For clarity, a nonexhaustive description of Prohibited Uses follows below. Please contact us if you have any doubt about permitted behavior. Any use of the Platform that is inconsistent with the Permitted Use may lead to the suspension or termination of your User ID or restriction of your access to some or all of the Platform.

When you use the Platform, you may have access to: (i) content that we provide on and through our Platform (“Fleat Content”), (ii) content that you supply, provide or upload while using our Platform (“Your Content”), and (iii) information and data that you submit to or through the Platform (“Your Data”). You agree that you have all appropriate rights, permissions, and authorizations necessary to provide Your Content and Your Data through the Platform and to permit their use in accordance with this Agreement.

Ownership and Control of Data

Organizer Data. Information that an Organizer creates, uploads, or imports into Fleat Ops, including its vendor lists and its booking and transaction records, and an Organizer's booking and transaction records in Fleat Lite (collectively, "Organizer Data"), belongs to the Organizer. Fleat primarily processes Organizer Data on the Organizer’s behalf to provide Fleat Ops, except where Fleat processes information for its own purposes as described in the Privacy Policy. Fleat will not use vendor information imported by an Organizer to create Fleat Network profiles or to market Fleat Network to those vendors unless the Organizer directs Fleat to do so.

Fleat Network Data. Vendor accounts and profiles on Fleat Network, and information Vendors submit to Fleat Network ("Network Data"), are maintained and controlled by Fleat, subject to Vendors' rights under the Privacy Policy and applicable law. Fleat Lite may not support vendor imports; Fleat Lite Organizers access Vendors through Fleat Network and may invite Vendors to join Fleat Network. Vendors retain any ownership rights they have in Your Content submitted to Fleat Network.

Network-Referred Vendors. When a Vendor applies to, books with, or is otherwise connected to an Organizer through Fleat Network, the Organizer receives the information the Vendor chose to share for that relationship and may use it to administer that relationship. The Vendor's underlying Network profile remains Network Data. Records of the Organizer's own bookings and transactions with that Vendor are Organizer Data.

Data After Termination. Following termination of a Fleat Ops account, the Organizer retains its rights in Organizer Data, including information about Network-referred Vendors contained in its booking and transaction records. Following termination of a Fleat Lite account, the Organizer retains only its booking and transaction records, including Vendor information necessary to identify the parties and amounts of those transactions, and loses access to Network Data. Termination does not transfer ownership or other rights in Organizer Data to Fleat, but termination may end the Organizer’s access to that data through the Platform.

How We Use Your Data and Your Content

Primarily, we use Your Content and Your Data to provide our services to Vendors and Organizers and to operate, maintain, secure, support, and improve the Platform. For instance, the Platform may maintain Vendor profiles, applications, permits, licenses, certifications, booking and transaction records, payment status, communications, market participation history, and other information necessary or useful to provide the Platform and facilitate interactions between Organizers and Vendors.

Fleat has the right (but not the obligation) to remove Your Content in its sole discretion. You should not submit personal information that is unnecessary for your use of the Platform. Certain Platform features may permit or require you to provide permits, licenses, certifications, identification information, or other documents that may contain personal information. You should submit sensitive personal information only where reasonably necessary for a supported Platform feature. Documents stored in your Fleat Network profile are disclosed to an Organizer only when you include them in an application, booking, or other interaction with that Organizer. Unless expressly requested or supported by Fleat, you should not upload Social Security numbers, financial-account credentials, medical information, or other highly sensitive personal information. Content that you submit to publicly accessible areas of the Platform should not be considered confidential. Non-public personal information and other non-public content will be handled in accordance with our Privacy Policy and applicable law.

Fleat uses commercially reasonable administrative, technical, and organizational safeguards designed to protect information maintained through the Platform, taking into account the nature of the information and the services provided. However, no method of transmission, storage, or information-security system is completely secure, and Fleat cannot guarantee absolute security.

Your Content and Your Data may include personal information, including information provided directly by you, provided by another user in connection with your relationship with that user, or generated through your use of the Platform. Fleat’s collection, use, disclosure, retention, and other processing of personal information is described in our Privacy Policy. Any data related to payments, such as credit card information, may be collected and processed directly by a Payment Provider. Fleat generally does not receive or store complete payment-card numbers or other payment credentials handled directly by a Payment Provider, although Fleat may receive transaction and payment-related information necessary to operate the Platform.

You grant Fleat a non-exclusive, royalty-free, fully paid-up, and worldwide license to access, collect, host, copy, process, store, maintain, transmit, disclose, display, deidentify, and otherwise use Your Content and Your Data, as reasonably necessary to provide, operate, administer, secure, support, and improve the Platform; facilitate interactions and transactions among users; comply with legal obligations; enforce this Agreement; and otherwise as described in this Agreement and the Privacy Policy. This license continues for so long as Your Content or Your Data is maintained by Fleat in accordance with this Agreement, the Privacy Policy, or applicable law.

We may deidentify Your Data or Your Content and use deidentified or aggregated information for the purpose of providing and improving the Platform and related services, subject to our Privacy Policy and applicable law. To the extent such information has been reasonably deidentified so that it is no longer reasonably capable of being associated with you or another identifiable individual, Fleat may retain and use such information indefinitely, subject to applicable law.

For more information, review our Privacy Policy, which describes our privacy practices in greater detail.

Our Content; Ownership of Platform

Fleat owns all right, title and interest in the Platform and all intellectual property, information, material, or content provided by Fleat related to the Platform or contained within the Platform, and any update, adaptation, translation, customization or derivative work of that intellectual property, information, material, or content, which will remain with Fleat and its licensors. For clarity, except for Your Content and Your Data, any text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Platform is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights.

Fleat expressly reserves all rights, title, and interest in and to the Platform and Fleat Content. You obtain no ownership or other rights in the Platform by virtue of your use. All rights not specifically granted by this Agreement will be reserved and remain always with Fleat LLC.

Prohibited Use

You will not engage in any of the following on the Platform (collectively, the “Prohibited Use”): (a) “frame”, “mirror” or otherwise incorporate the Platform or any part of the Platform on any commercial or non-commercial website unless approved by Fleat; (b) access, monitor or copy any non-public portion of the Platform, or systematically collect Platform data, using any robot, spider, scraper, crawler, automated means, or other process not expressly authorized by Fleat, except for generally available search engines indexing publicly accessible portions of the Platform; (c) violate the restrictions in any robot exclusion headers on the Platform or bypass or circumvent other measures employed to prevent or limit access to the Platform; (d) take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Platform; (e) deep-link to non-public portions of the Platform or use links in a manner intended to circumvent access controls, provided that ordinary links to publicly accessible Fleat Network pages are permitted; (f) use, reproduce or remove any watermarks, labels or other legal or proprietary notices within the Platform; (g) modify or attempt to modify the Platform (including, but not limited to, through the use of cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software), including any modification for the purpose of disguising or changing any indications of the ownership or source of the Platform; (h) share authentication credentials, permit unauthorized persons to access your User ID, or otherwise allow use of your User ID by persons who are not authorized users of the applicable account or organization; (i) attempt to, assist, authorize or encourage others to circumvent, disable or defeat any of the security features or components, such as digital rights management software or encryption, that protect the Platform; (j) download, display, copy, reproduce, modify, distribute, transfer, offer for sale, publish, broadcast, perform, transmit, license or circulate in any form any part of the Platform except as expressly permitted by this Agreement or through functionality made available by Fleat; (k) create adaptations, translations, or derivative works based on the Platform, in whole or in part, or decompile, disassemble, reverse engineer or otherwise exploit any part of the Platform; (l) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems; (m) use or access the Platform in a manner that violates the rights (including, but not limited to intellectual property rights) of any third party; (n) upload to or transmit through the Platform any information, images, text, data, media or other content that is, in the sole judgment of Fleat, offensive, hateful, obscene, defamatory or that violates any laws; (o) impersonate another person or entity, misrepresent your identity, affiliation, qualifications, authority, or the authenticity of any listing, application, permit, license, certification, or other information submitted through the Platform; (p) use the Platform to engage in fraud, deception, harassment, unlawful discrimination, unsolicited bulk communications, or other unlawful activity; or (q) access or use the Platform in any way not expressly permitted by this Agreement.

You must promptly notify Fleat of any known or suspected activity within or through your User ID which is or may be a Prohibited Use. We may investigate and take any action we deem appropriate if we reasonably believe that you have violated this Agreement, misused our Platform, or behaved in a way that we regard as inappropriate or unlawful in connection with your use of the Platform or your interactions with other Platform users.

Fleat respects the intellectual property rights of others. If you believe that content made available through the Platform infringes a copyright that you own or are authorized to enforce, you may submit a written notice of claimed infringement to Fleat’s designated copyright agent.

A notice should include: (i) a physical or electronic signature of the copyright owner or a person authorized to act on the owner’s behalf; (ii) identification of the copyrighted work claimed to have been infringed, or a representative list where multiple works are involved; (iii) identification of the material claimed to be infringing and information reasonably sufficient to allow Fleat to locate it; (iv) information reasonably sufficient to allow Fleat to contact you; (v) a statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notice is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the allegedly infringed copyright.

Fleat may remove or disable access to content that it reasonably believes infringes intellectual property rights or in response to a valid notice of claimed infringement. Where appropriate, Fleat may notify the user who provided the affected content.

If content you submitted is removed or disabled in response to a copyright notice and you believe the removal resulted from mistake or misidentification, you may submit a counter-notification to Fleat’s designated copyright agent in accordance with Section 512 of the Digital Millennium Copyright Act. Fleat may provide a copy of a notice or counter-notification to the affected parties and may restore content in accordance with applicable law.

Fleat has adopted a policy of terminating, in appropriate circumstances, users who are repeat infringers of intellectual property rights.

Fleat’s designated copyright agent for notices and counter-notifications is:

Attn: Copyright Agent
Fleat LLC
1420 N. Alta Vista Blvd., Ste 122
Los Angeles, California 90046
310-553-7176
support@myfleat.com

8. Representations & Warranties

In addition to representations and warranties made elsewhere in this Agreement, you represent and warrant that: (i) you have the full right and authority to enter into, execute, and perform your obligations and grant the licenses specified in this Agreement; (ii) the information you provide to Fleat, the Platform and any other user will be true, honest and accurate; (iii) you will act in full compliance with all applicable laws and regulations; (iv) where applicable, any agreement you enter into with an Organizer or Vendor through or in connection with the Platform will be validly entered into by you and you will have the authority to perform your obligations under that agreement; and (v) no other contract, agreement, undertaking or obligation prevents or restricts your ability to comply with this Agreement.

Fleat represents and warrants that it has the full right and authority to enter into, execute, and perform its obligations and grant the licenses specified in this Agreement.

9. Liability

Disclaimers

USE OF THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FLEAT DISCLAIMS ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE PLATFORM, WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, ACCURACY, RELIABILITY, COMPLETENESS, CURRENCY, OR TIMELINESS. FLEAT DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR THAT THE PLATFORM IS OR WILL BE ERROR-FREE, UNINTERRUPTED, FREE OF VIRUSES OR THAT ANY ERRORS IN THE PLATFORM WILL BE CORRECTED. FLEAT DOES NOT WARRANT THE ACCURACY, COMPLETENESS, AVAILABILITY, LEGITIMACY, OR CURRENT STATUS OF ANY ORGANIZER, VENDOR, MARKET, EVENT, PROFILE, LISTING, SPACE, PRODUCT, SERVICE, PERMIT, LICENSE, CERTIFICATION, OR OTHER INFORMATION MADE AVAILABLE THROUGH THE PLATFORM. FLEAT IS NOT RESPONSIBLE OR LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, CONDITIONS, BREACHES OR NEGLIGENCE OF ANYONE ELSE (INCLUDING PAYMENT PROVIDERS, VENDORS OR ORGANIZERS) AND WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY PRODUCTS, SERVICES, EVENTS, SPACES, LISTINGS, OR OTHER OFFERINGS PROVIDED BY USERS OR THIRD PARTIES.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FLEAT OR ITS OFFICERS, DIRECTORS, AFFILIATES, PARTNERS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS BE LIABLE—WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY—FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOSS OF USE OR LOSS OF DATA, FINES, FEES, PENALTIES OR OTHER LOSSES OF A SIMILAR NATURE, WHETHER OR NOT FLEAT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND REGARDLESS OF THE THEORY OF RECOVERY WILL THE TOTAL AGGREGATE LIABILITY OF FLEAT (INCLUDING ITS OFFICERS, DIRECTORS, AFFILIATES, PARTNERS, EMPLOYEES, SHAREHOLDERS, AGENTS, SUCCESSORS AND ASSIGNS) ARISING OUT OF OR RELATING TO YOUR USE OF THE PLATFORM OR YOUR RELATIONSHIP WITH FLEAT EXCEED THE GREATER OF: (I) THE TOTAL FEES ACTUALLY PAID TO FLEAT BY YOU DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (II) ONE HUNDRED U.S. DOLLARS ($100).

Indemnification

Fleat will defend and indemnify paid Organizers under an Order Form from and against any liabilities, claims, demands, recoveries, losses, damages, fines, penalties or other costs or expenses (such as reasonable legal fees), arising under third-party claims or allegations (“Claims”) alleging that Fleat Content or the Platform, as provided by Fleat and used by you in accordance with this Agreement, infringes or misappropriates a third party’s intellectual property rights. Fleat will have no obligation under this paragraph to the extent a Claim arises from Your Content, Your Data, Outside Materials, modifications not made by Fleat, combinations of the Platform with products or services not provided or approved by Fleat, or your use of the Platform in violation of this Agreement.

You will defend and indemnify Fleat (including its officers, directors, affiliates, partners, employees, agents, successors, and assigns) from and against Claims against Fleat relating to:

(i) your access to, use of, or activities through the Platform;

(ii) any breach of your representations, warranties, obligations, or agreements under this Agreement or any documents incorporated into or referenced by it;

(iii) Your Content or Your Data, including any listing, profile, image, application, permit, license, certification, communication, or other information that you submit, upload, publish, disclose, or otherwise make available through the Platform;

(iv) your violation of any applicable law or regulation, or the rights of any third party, including privacy, publicity, intellectual property, consumer-protection, or other proprietary rights;

(v) any transaction, application, booking, Rental Contract, payment, refund, cancellation, dispute, or other relationship between you and an Organizer, Vendor, shopper, attendee, or other third party; and

(vi) if you are an Organizer, the ownership, operation, management, promotion, rules, admissions, safety, accessibility, products, services, activities, or other aspects of any market, event, venue, or space that you operate, manage, promote, or make available through the Platform.

A party seeking indemnification will provide the indemnifying party with reasonably prompt notice of a Claim and reasonable cooperation in connection with its defense. The indemnifying party may control the defense and settlement of the Claim with counsel reasonably acceptable to the indemnified party; provided, however, that the indemnifying party may not enter into any settlement that admits wrongdoing by, imposes non-monetary obligations on, or requires payment by the indemnified party without the indemnified party’s prior written consent, not to be unreasonably withheld. The indemnified party may participate in the defense with counsel of its own choosing at its own expense.

This obligation will survive any suspension, termination or cessation of your use of the Platform.

10. Dispute Resolution

This section sets forth the terms that apply to disputes between you and Fleat. Disputes between Organizers and Vendors are solely between those parties and are governed by any applicable Rental Contract, Organizer terms, or other agreement between them. Fleat is not a party to such disputes.

In general

Any dispute, claim, or controversy between you, on the one hand, and Fleat, on the other, arising from or relating in any way to this Agreement (including any alleged breach of this Agreement), the Platform, or Fleat’s relationship with you (collectively, “Dispute”), will be exclusively resolved through binding individual arbitration or a small-claims court proceeding where permitted by applicable law, as provided in this Dispute Resolution section. YOU UNDERSTAND THAT BY AGREEING TO THESE TERMS, YOU AND FLEAT ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION TO RESOLVE ANY DISPUTE.

Informal Process First

Like you, we want to resolve any Dispute without significant delay or expense. You and Fleat agree that in the event of any Dispute, you or Fleat will first contact the other and make a good faith effort to resolve the Dispute for not less than thirty (30) days before initiating arbitration or, where applicable, filing in small claims court under the Small Claims Court Exception described below.

Arbitration Agreement and Class Action Waiver

After the informal dispute resolution period, any remaining Dispute will be resolved by binding individual arbitration, including, to the fullest extent permitted by applicable law, any dispute concerning the formation, existence, validity, interpretation, applicability, enforceability, or scope of this arbitration agreement or whether a particular Dispute is subject to arbitration. You and Fleat agree that any Dispute will be settled by final and binding arbitration, using the English language, administered by JAMS under its Streamlined Arbitration Rules and Procedures then in effect, or any successor thereto (the “JAMS Rules”). The arbitration will be conducted by a single arbitrator and, unless the parties agree otherwise or applicable law requires otherwise, will be seated in Los Angeles County, California. Judgment on the arbitration award may be entered in any court of competent jurisdiction. Any arbitration under these terms will take place on an individual basis – class arbitrations and class actions are not permitted. Notwithstanding the foregoing, if a claim for public injunctive relief is asserted and the waiver of such relief is found unenforceable, that claim will be severed and stayed pending resolution of all arbitrable claims, and may then be brought only in the courts identified under Governing Law and Jurisdiction.

Notwithstanding the foregoing, you and Fleat may seek temporary or preliminary injunctive or other provisional relief from a court of competent jurisdiction where reasonably necessary to preserve the status quo, prevent immediate and irreparable harm, or protect the effectiveness of the arbitration pending appointment or a ruling of the arbitrator. Seeking such relief does not waive or otherwise affect the requirement that the underlying Dispute be resolved through arbitration.

Small Claims Court Exception

Either you or Fleat may instead assert a Dispute in “small claims” court, but only if the Dispute qualifies, remains in such court, and remains on an individual, non-representative, and non-class basis.

Disputes Between Organizers and Vendors

Fleat encourages all users of the Platform, including Organizers and Vendors, to engage in responsible use of the Platform and to exercise sound judgment when entering into a Rental Contract or any other transaction or relationship through the Platform. However, in the event that you have a dispute with an Organizer, Vendor, shopper, attendee, or other third party arising out of or relating to any application, booking, Rental Contract, payment, refund, cancellation, market participation, listing, transaction, or other interaction, you release Fleat and its officers, directors, affiliates, partners, employees, agents, successors, and assigns from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute, to the fullest extent permitted by applicable law.

If you are a California resident, you acknowledge that you have read and understand California Civil Code Section 1542, which provides that a general release does not extend to certain claims that the releasing party does not know or suspect to exist at the time of the release. You expressly waive the protections of Section 1542, and any similar law of any jurisdiction, with respect to the claims released under this paragraph.

Governing Law and Jurisdiction

This Agreement will be governed by the laws of the State of California, USA, without regard to conflict of laws principles. You agree that Fleat may initiate a proceeding related to the enforcement or validity of Fleat’s intellectual property rights in any court having jurisdiction. Subject to the Arbitration Agreement and Class Action Waiver section above, any court proceeding permitted under this Agreement in connection with a Dispute, including any proceeding to compel arbitration, obtain permitted provisional relief, or confirm, enforce, modify, or vacate an arbitration award, will be brought exclusively in the state or federal courts located in Los Angeles County, California, and you and Fleat consent to the personal jurisdiction and venue of those courts.

11. General Provisions

Privacy

Your access to and use of the Platform are subject to this Agreement. Fleat’s collection, use, disclosure, retention, and other processing of personal information in connection with the Platform are described in our Privacy Policy. By using the Platform, you acknowledge that Fleat may collect and process information as described in the Privacy Policy and as otherwise permitted by applicable law.

Publicity

Fleat may use your business or trade name, trademarks, service marks, and logos as reasonably necessary to operate, display, and promote your presence on the Platform, including Fleat Network, and to identify you as a user or customer of Fleat in Fleat’s websites, customer lists, sales materials, and marketing activities. Such use does not imply any endorsement of Fleat by you beyond your actual use of or relationship with the Platform.

Fleat Network may include listings or information created, submitted, supplemented, or obtained from users, third parties, or publicly available sources. The appearance of an Organizer, Vendor, market, or event on Fleat Network does not necessarily indicate that the person or entity has claimed the listing, uses Fleat, or endorses Fleat. Fleat may correct, update, or remove listings at its discretion. Requests concerning a listing may be submitted to support@myfleat.com.

Interpretation

Any words following the terms “including,” “include,” “in particular,” “for example”, “such as” or any similar expression are illustrative, non-exhaustive and do not limit the sense of the words, phrase or description preceding those terms. The word "or" as used in this Agreement is not exclusive. The failure of either party to exercise, in any way, any right under this Agreement does not waive any further rights under this Agreement.

Force Majeure

In no event will we be liable to you, or be deemed to have breached this Agreement, for any failure or delay in performing our obligations, to the extent such failure or delay is caused by any circumstances beyond our reasonable control, including failures, interruptions, or unavailability of third-party hosting, cloud, telecommunications, internet, utility, payment-processing, software, or other service providers; cyberattacks or other malicious acts; acts of government; natural disasters; labor disputes; or other events beyond Fleat’s reasonable control.

Miscellaneous

This Agreement, together with any applicable Order Form and any other terms or documents expressly incorporated into or entered into under this Agreement, constitutes the entire agreement between Fleat and you pertaining to the subject matter of this Agreement and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Fleat. Fleat may provide you with notice as required in this Agreement by email to an address associated with your account, through the Platform, or by another method expressly permitted under this Agreement. If any provision contained in this Agreement is determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions, which will remain in full force and effect. In the event of a conflict between this Agreement and an applicable Order Form, the Order Form will control with respect to the subject matter of that Order Form. If Fleat and you enter into a Data Processing Addendum, that Data Processing Addendum will control with respect to its subject matter.

Fleat may transfer or assign this Agreement to an affiliate or in connection with a merger, reorganization, change of control, acquisition, sale of all or substantially all of Fleat’s assets, or similar transaction. Any attempt by you to transfer or assign this Agreement or any of your rights or obligations hereunder is void unless Fleat has provided its prior written consent. You and Fleat agree that there are no third-party beneficiaries intended under the Agreement. You acknowledge and agree that you are not an employee, agent, partner, or joint venturer of Fleat.