PLEASE READ THESE TERMS CAREFULLY.
Welcome to the Terms of Service (the "Terms" or "Agreement") for the Vaulted mobile application (the "App") operated by THEVAULTED, Corp. ("Vaulted," "we," "us," or "our"). The App and any content, tools, features, and/or functionality offered on or through the App are collectively referred to as the "Services".
These Terms govern your access to and use of the Services. Please read these Terms carefully, as they include important information about your rights and responsibilities. By accessing and/or using the Services, you are agreeing to these Terms. If you do not understand or agree to these Terms, please do not use the Services.
Vaulted may update these Terms from time to time. When these changes are made, Vaulted will make a new copy of the Terms available at info@vaultedluxury.com. If you keep using the Services after we update these Terms, we will treat your continued use as your agreement to the changes.
For purposes of these Terms, "you" and "your" means the person or entity using the Services (each, a "Client"). "Party" or "Parties" refers to one or both of the parties to this agreement, respectively.
1. Using the Services
1.1 Eligibility
To use the Services, you must be at least eighteen (18) years of age and have the legal capacity to enter into these Terms. You may use the Services as an individual or on behalf of a business or other legal entity (such as a boutique or stylist). If you use the Services on behalf of an entity, you represent that you are authorized to bind that entity to these Terms, and "you" refers to both you and that entity.
1.2 The Services
We provide an online peer-to-peer platform and marketplace that allows Clients to rent luxury fashion clothing, accessories, shoes, and other luxury fashion items listed for rent or purchase on the Services (each, a "Piece" and collectively, "Pieces") from other Clients. Renters may browse Pieces listed for rent by Owners and book a Piece at the listed rental price, facilitated through the Services (the "Transaction" or "Transactions"). A Client who lists a Piece for rent on the Services is referred to as an "Owner." A Client who rents a Piece through the Services is referred to as a "Renter." Transactions are completed at the rental price displayed at the time of booking. Rentals are subject to a maximum rental length of thirty (30) days and may be booked no more than sixty (60) days in advance. Vaulted may modify these limits at any time.
The Services facilitate peer-to-peer Transactions between Clients, but we are not a party to any such Transactions (unless expressly stated otherwise at the time of rental). We do not manufacture, own, store, deliver, or inspect any of the Pieces rented via the Services, and we do not provide any warranties with respect to the Pieces or any descriptions thereof. Transactions facilitated through the Services are final and non-refundable unless otherwise stated in these Terms. Renters must contact the applicable Owner directly regarding any issues with Pieces, including requests for refunds or exchanges. Specific procedures governing cancellations, chargebacks, fit issues, and disputes regarding Piece condition are set forth in Section 5 (Payment Terms) of these Terms. Vaulted may, in its sole discretion, assist Clients in resolving disputes related to Transactions, but Vaulted has no obligation to do so and makes no guarantee regarding the outcome of any dispute.
1.3 Use
We hereby permit you to use the Services for your personal use, provided that you comply with these Terms. If any software, content, or other materials owned or controlled by us are distributed to you as part of your use of the Services, we hereby grant you a personal, nonassignable, non-sublicensable, non-transferable, and non-exclusive right and license to access and display such software, content, and materials provided to you as part of the Services and right to download the App onto your applicable device for the sole purpose of enabling you to use the Services as permitted by these Terms.
1.4 Mobile Device Requirements
You are responsible for providing the mobile device, wireless service plan, software, Internet connections, and/or other equipment or services that you need to download, install, and use the App. We do not guarantee that the App will be available in, or that Transactions can be completed from, any particular geographic location.
As part of the Services and to update you regarding the status of Transactions, you may receive push notifications or other alerts in connection with the App. You have control over the push notification settings on your device and can opt out through your settings. You are solely responsible for any fee, cost, or expense that you incur to download, install, and/or use the App on your mobile device. By using the Services, you consent to receive push and in-app notifications related to your account and Transactions, and you may opt out at any time via device settings or by contacting Vaulted.
The following terms apply to you only if you are using the App from the Apple App Store: You acknowledge and agree that these Terms are solely between you and Vaulted, and that Apple has no responsibility for the App or content thereof. Your use of the App must comply with the App Store's terms of use.
1.5 Restrictions
You agree not to, and will not permit others to: (i) copy our app or create similar versions based on the Services; (ii) share access to the Services with any third party without our permission; (iii) use the Services on behalf of any third party except as expressly permitted by us; (iv) incorporate the Services into any other software, product, or service offering; (v) interfere with or circumvent any security, performance, or usage-limiting features of the Services; (vi) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, structure, or logic of the Services, except as expressly permitted by applicable law and only upon prior written notice; (vii) remove, obscure, or alter any proprietary notices, disclaimers, or branding appearing in the Services; (viii) use the Services for competitive analysis or to develop a competing product or service; (ix) list for rent any Pieces that are not lawfully yours or that you do not have permission to rent; (x) use the Services for illegal, harassing, bullying, unethical, disruptive, or lewd, obscene, violent, harmful, threatening, or criminal purposes; (xi) encourage or assist any third party in any of the foregoing activities; or (xii) list, offer, or rent any counterfeit, inauthentic, or misrepresented Pieces, including Pieces that infringe or violate another party's intellectual property rights.
1.6 Client Conduct and Community Standards
You agree not to: (i) harass, threaten, intimidate, or discriminate against any Client or third party; (ii) send abusive, defamatory, or offensive messages through the Services; or (iii) solicit Clients to conduct Transactions outside the Services or use contact information obtained through the Services for unauthorized purposes. We may remove content, suspend or terminate accounts, or take other action in response to violations of this Section in our sole discretion.
1.7 Counterfeit and Fraud Enforcement
If we suspect or determine, in our sole discretion, that a Client has listed, offered, or rented a counterfeit, inauthentic, or misrepresented Piece, or has engaged in fraudulent activity, we reserve the right to immediately: (i) remove any listing and associated content without prior notice; (ii) suspend or permanently terminate the Client's account; (iii) withhold or freeze any pending payments, disbursements, or proceeds pending investigation; (iv) charge the Client's payment method on file for any costs incurred by Vaulted or other Clients as a result of the counterfeit or fraudulent activity (including refunds, chargebacks, investigation costs, authentication fees, legal fees, and other costs incurred); (v) report the activity to appropriate law enforcement authorities; and (vi) pursue any and all legal remedies available under applicable law.
Vaulted shall have no liability to any Client for the removal of listings, suspension or termination of accounts, withholding of payments, or any other enforcement action taken based on suspected counterfeit or fraudulent activity. Vaulted's determination regarding authenticity or fraud is final and binding.
1.8 Listing Approval Process
All listings submitted to the Services are subject to Vaulted's approval before being made visible to other Clients. When you upload a listing, it will be marked as "Pending" until reviewed and approved by Vaulted. Vaulted reserves the right, in its sole discretion, to: (i) approve or deny any listing; (ii) request additional information, photographs, or documentation before approving a listing; (iii) require modification of listing descriptions, pricing, or photographs; or (iv) remove previously approved listings at any time. Vaulted may deny or remove listings for any reason, including but not limited to: suspected counterfeit or inauthentic Pieces, incomplete or inaccurate descriptions, prohibited Pieces, violation of these Terms, or brand protection concerns. Vaulted has no obligation to provide a reason for denying or removing a listing and shall have no liability for any such decision.
1.9 Authentication and Verification
We may, in our sole discretion, request authentication documentation, proof of purchase, or professional authentication of any Piece at the Owner's expense. Failure to provide requested documentation within five (5) business days may result in listing removal, account suspension, and any of the actions in Section 1.7.
2. Your Content and Accounts
2.1 Privacy Protection
Our Privacy Policy explains how we treat your personal information and protect your privacy when you use the Services. You acknowledge that you have read and agree to our Privacy Policy.
2.2 Security
We will maintain administrative, physical, and technical safeguards to protect any information relating to an identified or identifiable individual where (a) such information is contained within Your Content (defined below) and (b) is protected as personal data, personal information, or personally identifiable information under applicable data protection laws ("Personal Data").
2.3 Your Content Ownership
You retain all ownership rights in and to all data, information, photographs, images, descriptions, and other content that you submit, upload, or collect through the Services ("Your Content"). These Terms do not grant us any ownership interest in Your Content.
You grant us a limited, non-exclusive right to access, use, reproduce, transmit, display, publish, distribute, modify, and process Your Content as necessary to operate, provide, maintain, and improve the Services. This license includes the right to host, store, display, feature, showcase, market, and promote Your Content — including item images, descriptions, and metadata — and the Pieces and listings to which it relates, in connection with operating and promoting the Services.
This license continues while Your Content remains on the Services and ends, on a going-forward basis, when Your Content is removed or your account is terminated, except for copies retained for routine back-up, legal, or record-keeping purposes. We may use Your Content to contact you or assist with customer support.
By submitting or uploading Your Content through the Services, you represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power, and/or authority necessary to grant the rights herein for Your Content. You agree that Your Content will not contain material subject to copyright or other proprietary rights or any obscene, lewd, or offensive imagery or descriptions. We reserve the right to remove Your Content in our sole discretion.
Cover Images. Vaulted may, in its sole discretion, add a standardized cover image to a listing and fix it in the first position for brand consistency, quality, and curation purposes. Any Vaulted-added cover image is added to, and does not replace, the Owner's own images, and the Owner may continue to add, arrange, and remove their other images. Where a cover image is locked, the Owner may not move, remove, or replace it.
2.4 Usage Data
We may collect and analyze data relating to your access and use of the Services, including performance metrics, activity logs, and interaction patterns. We may use this usage data to monitor system performance, improve product functionality, and generate aggregated insights, provided that such data does not identify you or any individual and is used in accordance with our Privacy Policy.
2.5 Account Information
To use the Services, you need to create an account. You agree to provide accurate, complete, and updated information for your account. You are responsible for any activity on your account and for keeping your password secure. We are not liable for any acts or omissions caused by you in connection with your account. We may remove or ban Clients at our sole discretion.
You agree to notify us immediately at info@vaultedluxury.com if you know or suspect that your account or password have been stolen, misappropriated, or otherwise compromised, or in any actual or suspected unauthorized use of your account.
3. Intellectual Property
3.1 Vaulted Intellectual Property
These Terms grant you the right to access and use the Services, but do not convey any license or ownership interest in any underlying software. Vaulted and its licensors retain all rights, title, and interest in and to the Services, including all related intellectual property, technologies, interfaces, documentation, and content.
3.2 Feedback
We welcome any suggestions, ideas, improvements, or recommendations provided by you relating to Vaulted, our Services, or the functionality of our Services ("Feedback"). By submitting any Feedback, you agree that we may use such Feedback without restriction. You assign to us all rights, title, and interest in and to any feedback you submit. Where assignment is not permitted by law, you grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, distribute, and incorporate your Feedback into the Services or other products without compensation or attribution. We are under no obligation to use or act on any Feedback.
4. Disclaimer of Warranties
4.1 Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VAULTED SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, OR QUIET ENJOYMENT. VAULTED MAKES NO REPRESENTATION OR WARRANTY THAT THE SERVICES WILL BE SECURE, UNINTERRUPTED, TIMELY, ERROR-FREE, OR MEET YOUR EXPECTATIONS. VAULTED DOES NOT GUARANTEE THAT ANY ORDER OR TRANSACTION WILL BE EXECUTED, CONFIRMED, RECORDED, OR REMAIN OPEN. YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY REPRESENTATIONS OR WARRANTIES NOT EXPRESSLY SET FORTH IN THESE TERMS.
5. Payment Terms
5.1 Payment Authorization
You acknowledge and agree that all the information you provide with regards to a Transaction is accurate, current, and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or to our payment processor.
When you agree to rent a Piece using the Services, you: (i) agree to pay the rental price plus all applicable shipping, handling charges, taxes, and Service Fees (the "Full Payment Amount") for such Piece, and (ii) authorize us or our payment processor to charge your payment method for the Full Payment Amount.
The Services may allow you to make a rental and designate the Piece to be delivered at a future date. In such instance, you acknowledge and agree that we may charge your payment method for the Full Payment Amount on the date you complete the Transaction. Transactions may not be processed until payment has been received in full, and any holds on your account by Stripe or any other payment processor are solely your responsibility.
5.2 Service Fee
You acknowledge and agree that we charge a fee for facilitating Transactions through the Services (the "Service Fee") for each Transaction. The Service Fee will be based on the value of each Transaction and may be automatically deducted from the proceeds payable to the Owner. Service Fees are non-refundable, except that, where a Transaction is cancelled and the Renter receives a refund, the Service Fee is included in that refund in accordance with Section 5.12. We may revise or change the Service Fee calculation formula or amount at any time in our sole discretion.
5.3 Late Fee or Unreturned Items
You acknowledge and agree that we may charge your payment method a late fee of one-seventh (1/7) of the rental price for each day a Piece is returned after the agreed-upon return date (the "Late Fee"). A grace period of twenty-four (24) hours following the agreed-upon return date shall apply before Late Fees begin to accrue, to account for potential delivery delays or other circumstances beyond the Renter's control. Late Fees will begin accruing at 12:00 AM on the second day following the agreed-upon return date and will continue to accrue daily until the earlier of: (a) the date the Renter hands off the Piece for return — for shipped returns, the carrier's acceptance scan; for in-person returns, the Renter's in-app hand-off confirmation; or, for courier returns, courier pickup — regardless of subsequent transit time or when the Owner receives the Piece; or (b) seven (7) days after the agreed-upon return date, at which point the Piece may be deemed unreturned pursuant to this Section 5.3. In no event shall the aggregate Late Fees exceed the Replacement Value of the Piece. If you do not return a Piece you have rented within seven (7) days after the agreed-upon return date (the "Return Deadline"), and you have not provided written communication to both the Owner and Vaulted explaining the circumstances surrounding your inability to return the Piece and proposing a specific alternative return date, then the Piece will be deemed unreturned and presumed stolen. For the avoidance of doubt, communication with the Owner or Vaulted regarding your inability to return a Piece does not suspend or toll the accrual of Late Fees, but may, in Vaulted's sole discretion, extend the Return Deadline for a period not to exceed an additional seven (7) days. If the Piece is not returned by any extended Return Deadline, Vaulted may charge your payment method the Replacement Value of the Piece, and a police report may be filed.
Replacement Value may be determined using the following hierarchy: (a) if the Owner provides documented proof of purchase within the last twelve (12) months, Vaulted will use the documented purchase price; (b) if no recent documented purchase price is available, Vaulted will use current market value based on retail pricing from the original brand, manufacturer, or authorized retailer, or current pricing from reputable luxury resale marketplaces, selecting the value that most accurately reflects the Piece's current condition, age, and market availability; (c) for vintage, rare, or discontinued Pieces where current market pricing is limited, Vaulted may use an average of multiple luxury resale marketplace listings or obtain a professional appraisal at the Renter's expense.
If you dispute the Replacement Value, you must notify Vaulted in writing within ten (10) business days of the charge and provide documentation supporting an alternative valuation. Vaulted will review the dispute in good faith and may adjust the charge in its sole discretion. Failure to dispute within ten (10) business days constitutes acceptance of the Replacement Value.
Late Fee Initiation by Owner. Late Fees are enforced at the Owner's election. If a Renter fails to return a Piece by the agreed return date, the Owner may initiate a late fee request through the Vaulted platform, and Vaulted will process and enforce Late Fees in accordance with the policy set forth in this Section 5.3. If the Owner does not initiate a late fee request, Late Fees will not be applied or charged.
Disrupted Bookings. If a late return affects another confirmed booking, Vaulted will work to resolve it (for example, by rescheduling the affected booking or making the affected Renter whole with a refund and/or credit) and may, in its sole discretion, recover the resulting costs from the late-returning Renter. Late Fees continue to apply.
Account Suspension for Unreturned Pieces. In addition to charging the Replacement Value and filing a police report, Vaulted reserves the right to immediately suspend or permanently terminate the Renter's account and bar the Renter from future use of the Services.
For purposes of this Section 5, "normal wear and tear" means minor, superficial changes to a Piece that result from ordinary and careful use during the rental period, such as light creasing of leather goods, minor scuffing of shoe soles, or faint fabric impressions. Normal wear and tear does not include stains, tears, rips, broken hardware, missing components, odors (including but not limited to smoke, perfume, or body odor), alterations, or any damage that materially diminishes the value, appearance, or functionality of the Piece.
5.4 Damage to Pieces
Garment Care Standards. Regardless of the Cleaning Responsibility policy set by the Owner, all Renters must comply with the following baseline garment care standards: (a) Renters must not wash, hand-wash, machine-wash, steam, iron, or dry clean any Piece themselves; (b) Renters must not alter, modify, or repair any Piece; (c) Renters must not apply perfume, adhesive, hairspray, or any stain-removal product to a Piece without the Owner's prior written consent; (d) if the Owner's cleaning policy designates the Renter as responsible for cleaning, cleaning must be performed by a licensed professional dry cleaner only. Violation of these standards constitutes damage under this Section 5.4.
Damage Claims. You are responsible for the condition of any Piece during your rental period. If a Piece is returned damaged (other than normal wear and tear), you agree that Vaulted may, on behalf of the Owner, assess repair costs or Replacement Value (if repair is not feasible or cost-effective) and charge your payment method on file to cover such costs. Vaulted will remit such amounts to the Owner as appropriate. Vaulted is not responsible for providing insurance coverage for Pieces and does not mediate or guarantee any resolution of damage claims between Clients. You acknowledge that you are solely responsible for obtaining any insurance coverage you may wish to have in connection with your use of the Services.
5.5 Authorized Payment Methods
You may use any payment method accepted by Vaulted as listed on the Services. We will collect your payment information in order to carry out collection of payment. We may utilize third party payment processors to process payments on our behalf. We do not guarantee the availability of any specific method at any given time and may add, suspend, or remove payment methods at its discretion.
5.6 Delivery and Shipment
The Services support the following delivery methods: (a) Courier Delivery: Vaulted's designated local courier service (a New York City courier service, currently in development) picks up the Piece from the Owner and delivers it to the Renter; (b) Shipment: Vaulted facilitates shipment of the Piece through its designated carrier (currently UPS) by generating shipping labels and instructions through the Vaulted platform. UPS shipment is available to addresses within the contiguous United States. While Vaulted coordinates shipment logistics, Vaulted does not take possession of the Piece and is not the carrier. Responsibility for proper packaging, drop-off, and compliance with shipping instructions remains with the Client, and risk allocation for loss or damage during shipment is governed by these Terms and any applicable protection policies offered through the Services; and (c) In-Person Exchange: Owner and Renter arrange to meet in person at a mutually agreed public location to exchange the Piece, and both parties must confirm the in-person exchange through the Vaulted app at the time of exchange. Vaulted strongly recommends meeting in well-lit, public locations and has no responsibility for the safety or security of in-person meetings.
You are responsible for confirming all delivery information is correct. Online tracking may be available within the Vaulted app or at our courier's website for courier deliveries. While deliveries may be scheduled for a specified arrival, we cannot guarantee delivery by any specific date or time. For shipment or in-person exchange delivery methods, Clients are responsible for confirming delivery or in-person exchange through the Vaulted app to initiate the rental period. The rental period begins when the Renter confirms receipt of the Piece in the Vaulted app and is completed when the Owner confirms receipt of the returned Piece in the Vaulted app (two-party confirmation). For in-person exchanges, both the Owner and Renter must confirm the exchange in the app at the time of hand-off.
Risk of loss for Pieces shipped through Vaulted's designated local courier service (currently in development) transfers as follows:
Owner to Courier. Risk transfers from the Owner to the courier upon the courier's pickup and confirmation of receipt of the Piece from the Owner.
Courier to Renter. Risk transfers from the courier to the Renter upon delivery confirmation, which may include signature confirmation, photographic proof of delivery, or any other confirmation method used by the courier.
Return Shipments. For return shipments, risk transfers from the Renter to the courier upon the courier's pickup and confirmation of receipt from the Renter, and from courier to the Owner upon delivery confirmation to the Owner.
Third-party couriers used by Vaulted are independent contractors and are not employees, agents, or representatives of Vaulted. Vaulted disclaims any and all liability for Pieces that are lost, stolen, damaged, or delayed while in possession or control of third-party couriers. Any claims for lost, stolen, or damaged Pieces during transit must be pursued directly with the courier service. Vaulted may, as a courtesy, assist Clients in contacting the courier and filing claims, but Vaulted has no obligation to do so and makes no guarantee regarding the outcome of any courier claim.
Late Deliveries. Vaulted does not guarantee delivery by any specific date or time. In the event of a late delivery: (a) Courier Delays: If a Renter believes a courier delivery was late, the Renter must notify Vaulted within two (2) hours of the scheduled delivery time at support@vaultedluxury.com. Vaulted will review the courier's delivery confirmation timestamp and GPS records, which constitute the sole and determinative record for late delivery disputes. If courier records confirm delivery occurred after the agreed rental start time, Vaulted may, in its sole discretion, waive Late Fees for days the Renter did not have possession of the Piece. No refund or additional compensation is guaranteed. Vaulted's determination is final. (b) UPS Shipment Delays: Risk of loss transfers to UPS on pickup. Vaulted will assist the Renter in filing a UPS Guaranteed Service Refund claim for shipping charges within fifteen (15) days of the scheduled delivery date. No additional compensation from Vaulted. (c) In-Person Exchange Delays: Owners and Renters are solely responsible for coordinating in-person exchanges. Vaulted bears no liability for delays.
In-Person Exchange Confirmation Failure. If in-app confirmation of an in-person exchange cannot be completed due to technical issues, both parties must contact Vaulted at support@vaultedluxury.com within two (2) hours. Vaulted may, in its sole discretion, manually confirm the exchange. Vaulted has no liability for disputes arising from exchanges not confirmed through the platform.
5.7 Owner Payments
Following completion of a Transaction, Vaulted will disburse proceeds (minus Service Fees and other authorized deductions) to the Owner's available balance once the forty-eight (48) hour damage inspection window described below — measured from the Owner's confirmation of receipt of the returned Piece — has concluded without a damage claim being raised. Owners may then cash out their available balance to their linked bank account through the Vaulted platform. Owners are solely responsible for providing and maintaining accurate bank information. Vaulted is not liable for delays or losses resulting from incorrect or incomplete bank account details or other banking delays. Vaulted may temporarily delay or withhold disbursement if: (a) a Transaction is under review for damage, dispute, or fraud; (b) Vaulted reasonably suspects unauthorized activity; or (c) as required by its payment processor or applicable law. Any such hold will be released promptly once the underlying issue is resolved.
5.8 Promotional Credits, Referral Bonuses, and Incentives
Vaulted may, from time to time and in its sole discretion, offer promotional credits, referral bonuses, discount codes, or other incentives (collectively, "Credits") to Clients. Credits have no cash value and may only be used toward eligible Transactions on the Services as specified in the applicable promotion terms. Credits may expire as specified at the time of issuance. Vaulted reserves the right to modify, suspend, or revoke any Credits at any time in its sole discretion. Credits are non-transferable and may not be redeemed for cash. If your account is suspended or terminated for any reason, you will immediately forfeit all Credits in your account. The specific terms and conditions for earning and redeeming Credits will be communicated at the time of each promotion.
5.9 Refunds and Consumer Rights
Except as stated in these Terms, all Transactions are final and non-refundable. Renters must resolve refund or return requests directly with the Owner. We are not responsible for providing or processing refunds unless required by law. Notwithstanding the foregoing, certain jurisdictions (including California and New York) may provide consumer rights that apply to you. These Terms do not limit or waive any non-waivable rights you may have under such laws.
5.10 Payment Timing and Holds
Renter Charges. When a Renter confirms a Transaction, Vaulted will place a temporary authorization hold on the Renter's payment method for the Full Payment Amount. The Renter will see the full breakdown of this amount prior to confirming the Transaction. The hold will be captured upon Owner acceptance of the booking and released if the Owner declines. No additional authorization hold will be placed for the Replacement Value of the Piece. Any additional charges arising after the rental period, including Late Fees, damage assessments, or unreturned Piece charges, will be charged separately to the Renter's payment method on file at the time such charges are assessed. You authorize Vaulted and its payment processor to store your payment method and to charge it on an off-session basis (without requiring you to re-authenticate at the time of charge) for any such amounts. If a charge is unsuccessful, Vaulted may pursue collection through other available means.
Owner Disbursements. Proceeds are credited to the Owner's available balance after the forty-eight (48) hour damage inspection window — measured from the Owner's confirmation of receipt of the returned Piece — concludes without a damage claim being raised, and are paid out when the Owner initiates a cash-out to their linked bank account. "Acceptable condition" means the Piece is returned undamaged (other than normal wear and tear), complete, and by the agreed-upon return date. Disbursements may be delayed or withheld if: (i) a damage dispute is pending; (ii) the Piece has not been returned; (iii) Vaulted reasonably suspects fraud or unauthorized activity; or (iv) as required by Vaulted's payment processor or applicable law.
Escrow of Damage Reserves. Vaulted may hold rental proceeds for up to forty-eight (48) hours after the Owner confirms receipt of the returned Piece to allow for damage inspection and any disputes. If no damage claim is raised within this window, proceeds are credited to the Owner's available balance for cash-out.
5.11 Chargebacks and Payment Disputes
You agree not to initiate a chargeback, payment dispute, or reversal with your payment card issuer, bank, or financial institution for any Transaction completed through the Services without first contacting Vaulted and allowing Vaulted a reasonable opportunity to address your concerns. All disputes regarding Transactions, Piece condition, delivery, or any other aspect of the Services must be resolved through the dispute resolution processes set forth in these Terms, except in cases of unauthorized use of your payment method by a third party.
Vaulted may suspend any account involved in an unresolved chargeback or payment dispute until the matter is fully resolved.
If you initiate a chargeback or payment dispute in violation of this Section 5.11, Vaulted reserves the right to: (i) immediately suspend or terminate your account and access to the Services; (ii) charge your payment on file for the full amount of the chargeback or dispute; (iii) charge your payment method for any costs, fees, or penalties incurred by Vaulted as a result of the chargeback or dispute, including payment processor fees and investigation costs; (iv) withhold any pending payments or disbursements to your account; (v) report the chargeback activity to payment processors and fraud prevention services; and (vi) pursue collection of any amounts owed.
You acknowledge and agree that Vaulted may contest any chargeback or payment dispute and may provide your transaction history, communications, delivery confirmations, and any other relevant information to payment processors and financial institutions in defense of the chargeback or payment dispute.
5.12 Cancellations
A Renter or Owner may cancel a confirmed Transaction at any time before the rental enters in-progress or delivery status, subject to the fees described below.
Cancellation windows are measured from the time of Owner acceptance and booking confirmation, not from the time a Renter submits a booking request. A Renter may withdraw a pending booking request at any time before Owner acceptance with no fee and a full refund. The applicable cancellation window is as follows: (a) for rentals scheduled to begin more than forty-eight (48) hours from the time of Owner acceptance and booking confirmation, the window remains open until forty-eight (48) hours before the rental start; and (b) for same-day or next-day rentals (rentals scheduled to begin within forty-eight (48) hours of Owner acceptance and booking confirmation), the window is two (2) hours from Owner acceptance and booking confirmation. Cancellations made within the applicable cancellation window are free: the cancelling Party owes no cancellation fee, and the Renter receives a full refund of all amounts paid. Cancellations made outside the applicable cancellation window are still permitted, but the cancelling Party will be charged a five dollar ($5.00) cancellation fee. This fee is paid to the other Party to the Transaction as a credit, and Vaulted does not retain it: if the Renter cancels, the fee is credited to the Owner; if the Owner cancels, the fee is credited to the Renter. The Renter will always receive a refund of the amounts paid (less the five dollar ($5.00) fee where the Renter is the cancelling Party); in no event will a cancelling Renter be refunded zero. For the avoidance of doubt, any refund issued to the Renter under this Section includes the Service Fee.
Once a Transaction has entered in-progress or delivery status, it can no longer be cancelled through the app, and any issue must instead be raised through the dispute process described in these Terms.
Cancellations must be made through your Vaulted account, and refunds are processed within three (3) to five (5) business days to the Renter's original payment method. Owner Cancellations. The cancellation policy set forth in this Section 5.12 applies equally to Owners, with windows measured from the time of Owner acceptance and booking confirmation. An Owner may not cancel a confirmed Transaction outside the applicable cancellation window. If an Owner cancels outside the applicable cancellation window, Vaulted may charge the Owner's payment method a five dollar ($5.00) cancellation fee. Regardless of when or why an Owner cancels, the Renter will receive a full refund of all amounts paid within three (3) to five (5) business days. Vaulted reserves the right, in its sole discretion, to cancel or refuse to process any Transaction. Vaulted will use commercially reasonable efforts to notify affected users in such cases.
5.13 Fit Issues and Not as Described Disputes
If a Renter believes a Piece does not fit or is not as described in the listing, the Renter must notify both the Owner and Vaulted within twelve (12) hours of delivery confirmation, including photographic evidence of the Piece as received, a detailed description of the discrepancy, and any other supporting documentation requested by Vaulted. Disputes raised after the twelve (12) hour window will not be eligible for resolution through Vaulted and must be resolved directly between the Renter and Owner.
Any dispute notification must include photographic evidence of the Piece as received, a detailed description of the discrepancy between the listing and the actual Piece, and any other supporting documentation requested by Vaulted.
Vaulted may, in its sole discretion: (i) facilitate communication between the Renter and Owner; (ii) issue a full or partial refund or account credit to the Renter; (iii) require the Piece to be returned to the Owner; (iv) adjust or waive Service Fees; or (v) take no action and require the parties to resolve the dispute directly. Vaulted has no obligation to issue refunds or credits and makes no guarantee regarding the outcome of any dispute.
5.14 Owner Wardrobe Policies
Owners may configure the following policies for their listed Pieces, which will be displayed to Renters before booking and are binding on both the Owner and Renter for each Transaction.
Owners may configure a Fit Refund Policy for their listed Pieces, which will be displayed to Renters before booking. Vaulted does not mediate, override, or guarantee any outcome under any Owner's Fit Refund Policy. The Fit Refund Policy selected by the Owner is binding on both the Owner and Renter for each Transaction.
Owners may configure which delivery methods are available for their listed Pieces. UPS shipment is available for all listings and cannot be disabled by the Owner. Courier delivery (New York City only, where available) and in-person exchange are optional and may be enabled or disabled by the Owner. Available delivery methods for each listing are displayed at checkout. Vaulted reserves the right to modify available delivery methods at any time.
Owners may configure the Cleaning Responsibility for their listed Pieces. If the Owner selects Owner Cleans, the Owner is responsible for professional cleaning of the Piece between rentals at the Owner's cost. If the Owner selects Renter Cleans, the Renter is responsible for returning the Piece in a professionally cleaned condition before or at the time of return. If a Renter fails to return a Piece in a cleaned condition and the listing specifies Renter Cleans, the Owner may submit a cleaning claim to Vaulted at support@vaultedluxury.com within twenty-four (24) hours of confirmed return, accompanied by a receipt from a professional dry cleaner. Vaulted may, in its sole discretion, charge the Renter's payment method on file for the documented cleaning cost, up to a maximum of thirty dollars ($30.00) per rental. Vaulted's determination regarding cleaning claims is final. The Cleaning Responsibility policy is displayed on each listing before booking.
6. Indemnification
6.1 Indemnification
You agree to indemnify, defend, and hold harmless Vaulted, its affiliates, and each of their respective officers, directors, employees, contractors, agents, and representatives from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and any fines or penalties imposed by a regulatory authority) arising out of or related to: (i) your breach of these Terms, (ii) your use of the Services in violation of any applicable law, regulation, or third-party right, or (iii) any content or data you provide through the Services that infringes or misappropriates the rights of a third party.
7. Limitation of Liability
7.1 Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL VAULTED, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, OR REPRESENTATIVES BE LIABLE: (I) FOR ANY AMOUNT EXCEEDING ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES; OR (II) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, LOSS OF DATA, OR DIMINUTION IN VALUE, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF VAULTED HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THE REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE PARTIES ACKNOWLEDGE THAT VAULTED IS MERELY A PLATFORM FACILITATING PEER-TO-PEER TRANSACTIONS AND DOES NOT PARTICIPATE IN, CONTROL, OR GUARANTEE ANY TRANSACTIONS BETWEEN CLIENTS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO THE ABOVE MAY NOT APPLY TO YOU IN FULL.
7.2 Essential Basis for the Bargain
YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE AN ESSENTIAL PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND VAULTED AND THAT VAULTED WOULD NOT PROVIDE THE SERVICES TO YOU WITHOUT YOUR AGREEMENT TO THESE LIMITATIONS.
8. Mandatory Arbitration and Class Action Waiver
8.1 Arbitration
If there is a dispute about the interpretation of this Agreement, the performance of either Party under this Agreement, or otherwise relating to this Agreement, the Parties will follow the following procedures before going to arbitration or litigation. First, the Parties will try to resolve disputes through executive discussion. Either Party can start this process by presenting to the other a Notice of Request for Resolution of Dispute (a "Notice") identifying the issues in dispute. A telephone or personal conference of the executives representing each party will be held within ten (10) business days after the delivery of the Notice. If the Parties are unable to reach a resolution, either Party may refer the dispute to binding arbitration under the arbitration provisions set forth below.
All claims or disputes between the Parties arising out of or relating to this Agreement will be decided by arbitration under the current Commercial Arbitration Rules of the American Arbitration Association and in accordance with Title 9 of the United States Code, unless the Parties mutually agree otherwise in writing. Notice of the demand for arbitration must be filed, in writing, with the other Party and must be made within a reasonable time after the dispute has arisen. All statutes of limitation, which would otherwise be applicable in a judicial action, will apply. The arbitration will be decided by a panel of three (3) arbitrators selected under the Commercial Arbitration Rules of the American Arbitration Association. Arbitration will be initiated in New York, New York. The arbitration will occur within thirty (30) consecutive days after the demand is delivered to the other Party, unless both Parties mutually agree otherwise in writing. The arbitrators' award will be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. Except by the written consent of both Parties, no arbitration arising out of or relating to this Agreement may include, by consolidation, joinder or in any other manner, any person or entity not a party to this Agreement. This arbitration agreement will be specifically enforceable under applicable law in any court having jurisdiction thereof. Neither Party will appeal such award nor seek review, modification, or vacation of such in any court or regulatory agency.
The arbitrators will award to the prevailing Party, if any, as determined by the arbitrators, all of its Costs and Fees. "Costs and Fees" mean all reasonable pre-award expenses of the arbitration, including the arbitrators' fees, administrative fees, travel expenses, out-of-pocket expenses (such as copying and telephone), court costs, witness fees, and attorneys' fees.
8.2 Class Action Waiver
YOU AND VAULTED AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH PARTIES AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. IF THIS SPECIFIC PROVISION IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS ARBITRATION PROVISION SHALL BE NULL AND VOID.
9. Miscellaneous
9.1 Authority
Each party represents that it has full authority to enter into these Terms and bind itself to its terms.
9.2 Governing Law and Jurisdiction
These Terms will be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of laws principles. You and Vaulted agree that any legal action or proceeding arising under or related in any way to these Terms will be brought in the state or federal courts of appropriate jurisdiction located in New York, New York and venue will be proper in that court.
9.3 Amendment; No Waiver
Vaulted may update these Terms at any time by notifying you by email or in-app messaging at least thirty (30) days before changes take effect, unless changes are required by applicable law, regulation, or Vaulted's payment processing partners, in which case shorter notice may be provided. Your continued use of the Services after the effective date of any update constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Services before the effective date. No delay in exercising any right or remedy or failure to object will be a waiver of such right or remedy or any other right or remedy. A waiver on one occasion will not be a waiver of any right or remedy on any future occasion. No waiver of any right or remedy under these Terms will be effective unless made in writing by an authorized representative of Vaulted.
9.4 Force Majeure
Except for payment obligations, neither Party will be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage not caused by the obligated party; government restrictions; pandemic; or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
9.5 Relationship of the Parties
You and we agree that no joint venture, partnership, employment, or agency relationship exists between us.
9.6 Compliance with Laws
We will comply with all applicable U.S. state and federal laws and international laws in our operation and our provision of the Services. We reserve the right to disclose any information as necessary to comply with legal obligations, including laws, regulations, legal processes, or government requests. You agree not to export, re-export, or otherwise transfer access to the Services to any country, entity, or individual prohibited by applicable export control laws or sanctions programs.
9.7 Severability
If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision will be replaced by a valid and enforceable provision that most closely reflects the intent of the original, and the remainder of these Terms will remain in full force and effect.
9.8 Notices
If you need to contact us for legal purposes, you may do so by email at info@vaultedluxury.com, by mail at THEVAULTED Corp., 2248 Broadway #2116, New York, NY 10024, or through any contact method listed on our website. For support inquiries, contact support@vaultedluxury.com. We may provide you with notices via email, in-app messaging, or through any contact information associated with your account. You are responsible for keeping your contact details up to date.
9.9 Entire Agreement
These Terms, including our Privacy Policy, constitute the entire agreement between you and Vaulted regarding the Services. It supersedes all other prior and contemporaneous proposals, agreements, or understandings, whether oral, written, or electronic. We expressly object to and reject any additional or conflicting terms you propose. Our obligations are not contingent upon the delivery of any future functionality or features unless expressly agreed to in writing.
9.10 Assignment
We may assign these Terms without restriction in connection with a merger, reorganization, change of control, or asset sale.
9.11 No Third Party Beneficiaries
Nothing in this Agreement, express or implied, is intended to or will confer upon any third party person or entity any right, benefit or remedy of any nature whatsoever under or by reason of this Agreement.
9.12 Contract for Services
These Terms are for the provision of Services and not a sale of goods. The Uniform Commercial Code (UCC), the Uniform Computer Information Transactions Act (UCITA), and the United Nations Convention on Contracts for the International Sale of Goods do not apply to these Terms.
9.13 Digital Millennium Copyright Act ("DMCA")
If you believe that Vaulted or any Client has violated a copyright, trademark, or other intellectual property right you hold, please contact Vaulted. Vaulted responds to notices of alleged copyright infringement in accordance with the DMCA.
9.14 Survival
Any provisions that by their nature should survive termination or expiration of these Terms, including but not limited to terms relating to payment obligations, use of the Services, confidentiality, intellectual property, disclaimers, limitations of liability, indemnification, and miscellaneous shall survive.