Last updated: August 29, 2026
Version 2026-08-29
Instrumeet is a technology platform that connects people who own instruments and gear with people who want to rent or buy them. We do not own, store, inspect, tune, repair, deliver, or take custody of any instrument, and we are not a party to any rental, sale, or rent-to-own agreement you enter into with another user. That agreement is between you and them.
Playing, moving, and using musical instruments and amplification can hurt you or damage property. Meeting a stranger to hand over valuable gear carries risk. You take those risks on yourself. Instrumeet is not responsible for personal injury, death, theft, loss, or damage arising out of your dealings with other users or your use of any instrument.
This summary is written for readability only. It is not a substitute for the full agreement below, and it does not change or limit anything in it. Sections 20, 21, 22, and 23 contain warranty disclaimers, a limitation of liability, an indemnity, and a binding arbitration clause with a class action waiver. Please read them.
These Terms of Service (the "Terms") are a binding legal agreement between you and Instrumeet ("Instrumeet," "we," "us," or "our") governing your access to and use of the Instrumeet websites, mobile applications, and related services (together, the "Platform").
By creating an account, clicking to accept these Terms, or otherwise accessing or using the Platform, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree, do not access or use the Platform.
We may amend these Terms from time to time. When we do, we will post the amended Terms on this page with a new "Last updated" date and a new version string, and for material changes we will take reasonable steps to notify you, such as by email or an in-product notice. Amendments are effective when posted unless we state otherwise. Your continued access to or use of the Platform after amended Terms take effect is your acceptance of them. If you do not accept the amended Terms, your remedy is to stop using the Platform and close your account. Amendments do not apply retroactively to a dispute for which notice was given before the amendment took effect, and Section 23.7 governs how changes to the arbitration provisions are handled.
When you accept these Terms, we record which version you accepted and when. The version identifier appears at the top of this page.
To use the Platform, you represent and warrant that:
The Platform is not directed to children. We do not knowingly permit anyone under 18 to create an account, and we will terminate any account we learn belongs to a minor.
We provide a venue, not a rental service.Instrumeet operates an online marketplace and technology platform where a user who owns an instrument, amplifier, or other piece of gear (an "Owner," and when selling, a "Seller") can publish a listing, and where a user who wants to rent, buy, or rent-to-own that item (a "Renter," and when buying, a "Buyer") can find it, message the Owner, and transact. Owners and Renters are collectively "Users," and the item listed is the "Instrument."
We are not a party to your transaction. Every rental, sale, and rent-to-own arrangement made through the Platform is a direct contract between the Owner and the Renter. Its terms are the terms the two of you agree to — the listing description, price, dates, cancellation policy, security deposit, published damage schedule, delivery or pickup arrangements, and anything else you agree between yourselves. Instrumeet is not a party to that contract, does not sign it, and does not take on any of its obligations. If one of you breaches it, the other has a claim against that user, not against Instrumeet.
What we are not. Instrumeet is not, and does not act as:
We never take custody. Instrumeet does not own, hold, store, possess, control, inspect, test, clean, tune, set up, service, repair, transport, deliver, or hand over any Instrument. We never have physical possession of anything listed on the Platform. All handoffs, pickups, deliveries, returns, and inspections are arranged and performed by Users, at times and places Users choose, without our involvement or supervision.
What we do provide. We provide software: listing and search tools, availability calendars, messaging, a booking and offer flow, payment processing through third-party providers, an optional damage protection product described in Section 13, an optional damage-claim process described in Section 12, reviews, and support tooling. Where we make these available, we do so as a convenience and as a platform operator. Offering a tool that helps Users resolve something between themselves does not make us a party to what they are resolving, does not create any duty on our part to intervene, and does not make us responsible for the outcome.
We do not endorse any User, listing, or Instrument. The presence of a listing on the Platform is not a recommendation, a certification, or a statement by us about the listing, the Instrument, or the person behind it.
What we actually do. Depending on the transaction and the configuration of the Platform at the time:
What we do not do.We do not inspect, test, appraise, authenticate, or verify any Instrument. We do not verify that an Owner actually owns what they list, that an Instrument is what the listing says it is, that it is genuine rather than a counterfeit or a replica, that its stated value or condition is accurate, that it is safe, functional, structurally sound, electrically sound, free of defects, free of liens, or lawful to possess, rent, or sell. We do not run criminal background checks, sex offender registry checks, or credit checks on any User. We do not verify a User's skill, competence, insurance, licensing, honesty, or good character. We do not verify that any address, photograph, or description is accurate.
Therefore: you are responsible for your own due diligence before, during, and after any transaction. Ask questions. Ask for more photographs. Inspect the Instrument in person before you accept it and before you accept it back. Document its condition. Confirm that it is safe and appropriate for what you intend to do with it. Do not rely on Instrumeet to have done any of this for you, because we have not.
When an Owner publishes a listing, the Owner is making an offer on the terms shown in that listing, including the price, availability, cancellation policy, security deposit amount, and any published damage schedule. When a Renter submits a booking request and the Owner approves it, a binding agreement is formed between those two Users on those terms. The same is true of an accepted offer, a buy-now purchase, and a rent-to-own agreement.
If you list an Instrument on the Platform, you agree that:
If you rent, buy, or rent-to-own an Instrument through the Platform, you agree that:
Instruments and audio equipment are physical objects that can hurt people and damage property. You acknowledge that using the Platform, and everything that follows from it, is done at your own risk.
Those risks include, without limitation:
YOU KNOWINGLY AND VOLUNTARILY ASSUME ALL RISKS ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, YOUR TRANSACTIONS AND INTERACTIONS WITH OTHER USERS, AND YOUR POSSESSION, TRANSPORT, HANDLING, SETUP, AND USE OF ANY INSTRUMENT, INCLUDING RISKS OF PERSONAL INJURY, HEARING LOSS, ELECTRIC SHOCK, ILLNESS, DEATH, PROPERTY DAMAGE, THEFT, AND FINANCIAL LOSS, WHETHER THOSE RISKS ARE KNOWN OR UNKNOWN, AND YOU ACCEPT FULL RESPONSIBILITY FOR THEM.
You are solely responsible for your own safety. That includes deciding whether, where, when, and how to meet another User, whether to bring someone with you, whether to meet in a public place, whether to accept or decline an Instrument, whether equipment is safe to use, and whether an activity is within your physical capability. Instrumeet does not control, supervise, or take part in any meeting or handoff, and has no ability to make one safe. If you feel unsafe, leave — no booking is worth your safety.
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU RELEASE INSTRUMEET AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AND AGENTS (THE "RELEASED PARTIES"), FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, COSTS, AND EXPENSES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY DISPUTE, INTERACTION, COMMUNICATION, MEETING, OR TRANSACTION BETWEEN YOU AND ANY OTHER USER OR ANY THIRD PARTY, INCLUDING ANY PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE, THEFT, LOSS, FRAUD, MISREPRESENTATION, OR FAILURE TO PERFORM.
You agree that disputes with another User are between you and that User, and that you will pursue them directly against that User and not against the Released Parties. This release applies whether the claim arises in contract, tort, statute, or otherwise, and whether or not Instrumeet provided a tool, a message, a payment, or a claims process in connection with the transaction.
Waiver of unknown claims. You expressly waive any statutory or common-law provision that would otherwise preserve claims you do not know about, including California Civil Code Section 1542, which reads:
"A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."
You waive the protection of Section 1542 and of any comparable statute, rule, or common-law principle of any other jurisdiction, and you understand that this release covers claims you do not currently know about or suspect.
Nothing in this section releases a claim that cannot be released as a matter of law, and nothing in it releases Instrumeet from liability for its own fraud, its own willful misconduct, or any other liability that applicable law does not permit to be released.
Payment processing.Payments are processed by Stripe, not by Instrumeet. To be paid as an Owner or Seller you must complete onboarding to a Stripe Connect account and satisfy Stripe's identity and compliance requirements. By transacting on the Platform you also agree to the Stripe Connected Account Agreement and Stripe's other applicable terms, which govern the payment rails and your relationship with Stripe. We do not store full payment card numbers.
Authorization and capture. When a Renter submits a booking request, the payment method is authorized but not charged. The charge is captured when the Owner approves the request. If the Owner declines or the request expires, the authorization is released and no money is taken. Authorizations can expire and cards can be declined; a booking that cannot be paid for is not a booking.
Fees. Instrumeet earns its revenue from service fees, which currently total approximately 15 percent of a transaction:
The exact amounts that apply to your transaction are shown to you before you confirm it, and those displayed amounts control. We may change our fees prospectively; a change never applies to a transaction already confirmed. Service fees are earned when the transaction is confirmed and are generally non-refundable except as expressly stated in these Terms or required by law.
Payouts.An Owner's or Seller's share is routed to their connected Stripe account and paid out on a rolling schedule set by us and by Stripe. We apply a payout delay so that funds remain reversible while a rental and its damage-claim window are still open; the delay is currently 12 days. Instrumeet does not hold your money as a bank and does not pay interest on funds in transit. Payout timing also depends on Stripe, on your bank, and on Stripe's own risk reviews, none of which we control.
Chargebacks and reversals. If a payment is reversed, disputed, or charged back, we may reverse the corresponding transfer, deduct the amount from your future payouts, or invoice you for it. You agree to cooperate with us in responding to a payment dispute, including by providing evidence promptly. Initiating a chargeback instead of using the processes in these Terms is a breach of these Terms and may result in suspension.
Taxes. You are solely responsible for determining, collecting, reporting, and remitting all taxes arising from your activity on the Platform, including income tax, sales, use, rental, and value-added taxes. Amounts shown on the Platform do not include any tax you may owe unless we state otherwise. We may report your earnings to tax authorities and issue tax forms where required, and you agree to give us any tax information we reasonably need to do that. Nothing on the Platform is tax advice.
Off-platform payment is prohibited. Payment for a transaction that started on the Platform must be made through the Platform. Arranging payment outside it — by cash, by a peer-to-peer payment app, or otherwise — deprives you of the deposit, damage-claim, and protection mechanisms described here and is a breach of these Terms.
Security deposits.An Owner may require a security deposit, set per listing and disclosed before booking. A deposit is taken as an authorization hold on the Renter's payment method, not as a charge, and because card authorizations are short-lived it is generally placed near the end of the rental rather than at checkout. The hold is released if no claim is made, or if a claim is resolved for less than the held amount, the balance is released. A deposit is a ceiling on what an uninsured claim can recover, not a cap on what a Renter may owe the Owner as a matter of law.
Published damage schedules.An Owner may publish a damage schedule on a listing — up to eight tiers, each with a label and a fixed amount — so that what a given grade of damage costs is agreed before the rental instead of argued after it. If a listing publishes a schedule, any damage claim on that listing must be filed under one of its published tiers and for that tier's amount. The Owner grades the damage; the Owner does not get to invent the number afterwards.
Filing a claim.After a rental is completed, the Owner has a limited window to file a damage claim, currently 48 hours. A claim must include a description of the damage and at least one photograph as evidence. A claim cannot exceed the security deposit unless a damage protection plan applies, in which case it cannot exceed that plan's coverage limit. Only one claim may be filed per rental.
Responding to a claim. The Renter has a limited window to respond, currently 72 hours, and may accept the claim or dispute it. If the Renter does not respond within that window, the claim is treated as accepted and is settled automatically. An Owner may withdraw a claim at any time before it is settled.
Resolution.An accepted claim is settled against the deposit hold and any applicable protection plan. A disputed claim is reviewed by Instrumeet, which may award any amount from zero up to the amount claimed based on the evidence the two parties submitted. We may also resolve a claim where an automated settlement has permanently failed. Our decision determines only how the deposit hold and any protection plan funds we control are applied. It is not an adjudication of either party's underlying legal rights, does not bind either party in any other forum, and does not prevent either of you from pursuing the other elsewhere.
Our role in claims is administrative. We offer the damage-claim process as a convenience to Users, and we may change, suspend, or decline to operate it. Operating it does not make us a party to the dispute, an insurer, an adjuster, an arbitrator of your legal rights, or a guarantor of any recovery. We are not liable for the outcome of any claim, for any amount not recovered, for the accuracy of the evidence either party submitted, or for a deposit hold that expires, fails to authorize, or cannot be captured.
What it is. Instrumeet offers an optional damage protection product — a contractual damage waiver funded by Instrumeet out of its own reserve. It is elected separately by each party at booking, and each party pays its own premium.
THIS IS NOT INSURANCE. INSTRUMEET IS NOT AN INSURANCE COMPANY, AN INSURER, AN UNDERWRITER, AN INSURANCE BROKER, OR AN INSURANCE AGENT, AND NOTHING WE OFFER IS AN INSURANCE POLICY OR A SUBSTITUTE FOR ONE. A damage protection plan is a limited contractual arrangement with Instrumeet that applies only to the damage-claim mechanism described in Section 12, only up to the stated limits, and only while the plan is active.
What it never covers. A damage protection plan does not cover, and Instrumeet is not responsible for, personal injury, illness, or death; liability to any third party; injury to or damage to anyone or anything other than the listed Instrument; theft or loss outside the claim process and its limits; consequential loss such as missed gigs, lost income, cancelled sessions, or replacement rental costs; loss of sentimental or collectible premium value; wear and tear; or any amount above the coverage limit. It confers no rights on anyone other than the User who purchased it.
Carry your own insurance.These plans are not a substitute for your own homeowner, renter, musical instrument, commercial, liability, or health insurance, and we do not promise that any loss you suffer will be covered. You are responsible for obtaining and maintaining whatever insurance you consider appropriate, and for confirming with your own insurer that your policy covers renting your property to others or using someone else's. If a claim is covered both by a plan and by your own insurance, you agree to cooperate with any subrogation or coordination of benefits.
Sales and offers. An Owner may list an Instrument for sale at a fixed price and may accept offers. When a Buyer buys now or an Owner accepts an offer, the payment is authorized and the listing is reserved. Funds are held and released to the Seller when the Buyer confirms receipt, or automatically after a short window, currently 3 days, if the Buyer does not confirm. Title and risk of loss pass from Seller to Buyer on delivery of the Instrument, as agreed between them. Instrumeet is not the seller, does not take title, and makes no warranty as to the Instrument.
Rent-to-own. Where an Owner enables it, a Renter renting that Instrument may also take an option to buy it, on the terms shown in the listing: a purchase price, a credit percentage, and how long the option lasts after the rental ends. A rent-to-own option is not a loan, an installment plan, or a lease-purchase financing arrangement. The essential terms, as implemented, are:
The figures, credit percentage, and payment dates that apply to your agreement are the ones shown to you before you start it and recorded on the agreement, and those control.
Each listing carries a cancellation policy chosen by the Owner and shown before booking. The policy in force at the time of booking is the one that applies. Refunds on a cancelled rental are calculated against the rental amount as follows:
A damage protection premium is returned only where the booking is cancelled before the coverage period begins, because coverage that never attached bought nothing. Once the rental start has passed, both parties have had the protection the premiums paid for and the premiums are not returned.
An Owner who cancels a confirmed booking harms the Renter's plans, and repeated Owner cancellations may result in removal of listings or suspension. Users may agree between themselves to a different outcome than the schedule produces; if they do, that is their agreement, not ours.
We may cancel a booking, a sale, or a rent-to-own agreement, and issue or withhold refunds, where we reasonably believe it is necessary to comply with law, to prevent fraud or harm, to enforce these Terms, or where a payment fails or is reversed. Except where these Terms or applicable law require otherwise, refunds are discretionary and are made to the original payment method.
"Your Content" means anything you upload, post, or transmit through the Platform, including listing photographs and descriptions, profile information and photographs, messages, reviews, condition reports, and damage-claim evidence.
The Platform itself, including its software, design, text, graphics, and trademarks, belongs to Instrumeet and its licensors. You get a limited, revocable, non-exclusive, non-transferable license to use it for its intended purpose, and nothing more.
You will not, and will not help anyone else to:
THE PLATFORM AND ALL CONTENT, LISTINGS, INSTRUMENTS, SERVICES, TOOLS, AND INFORMATION MADE AVAILABLE THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY.
TO THE FULLEST EXTENT PERMITTED BY LAW, INSTRUMEET AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, ACCURACY, SYSTEM INTEGRATION, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.
WE MAKE NO WARRANTY AND GIVE NO GUARANTEE THAT: ANY USER IS WHO THEY SAY THEY ARE, IS HONEST, TRUSTWORTHY, COMPETENT, SOLVENT, INSURED, OR WILL PERFORM; ANY INSTRUMENT EXISTS, IS OWNED BY THE PERSON LISTING IT, IS ACCURATELY DESCRIBED, IS AUTHENTIC, IS OF ANY PARTICULAR QUALITY OR VALUE, IS SAFE, IS FUNCTIONAL, IS FIT FOR ANY PURPOSE, OR IS LAWFUL TO POSSESS, RENT, OR SELL; ANY LISTING, PRICE, REVIEW, RATING, LOCATION, PHOTOGRAPH, VALUATION, OR AVAILABILITY IS ACCURATE, COMPLETE, OR CURRENT; ANY TRANSACTION WILL BE COMPLETED, ANY INSTRUMENT WILL BE DELIVERED OR RETURNED, OR ANY AMOUNT WILL BE PAID OR RECOVERED; OR THE PLATFORM WILL BE UNINTERRUPTED, SECURE, TIMELY, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM INSTRUMEET OR THROUGH THE PLATFORM CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In that case, such warranties are limited to the minimum duration and scope permitted by law.
TO THE FULLEST EXTENT PERMITTED BY LAW, INSTRUMEET AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS, WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS, ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR ANY TRANSACTION OR INTERACTION WITH ANOTHER USER, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, WARRANTY, STATUTE, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY PERSONAL INJURY, ILLNESS, EMOTIONAL DISTRESS, DEATH, PROPERTY DAMAGE, THEFT, LOSS, OR DESTRUCTION ARISING OUT OF OR RELATING TO: THE CONDUCT, ACTS, OR OMISSIONS OF ANY USER OR THIRD PARTY, ONLINE OR OFFLINE; ANY MEETING, HANDOFF, PICKUP, DELIVERY, OR RETURN; THE CONDITION, SAFETY, LEGALITY, AUTHENTICITY, OR PERFORMANCE OF ANY INSTRUMENT; THE POSSESSION, TRANSPORT, SETUP, PLAYING, AMPLIFICATION, OR USE OF ANY INSTRUMENT; ANY DISPUTE BETWEEN USERS; OR ANY DECISION WE MAKE OR DECLINE TO MAKE IN A DAMAGE CLAIM OR OTHER PROCESS DESCRIBED IN THESE TERMS.
IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF INSTRUMEET AND THE PARTIES LISTED ABOVE, FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM, EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO INSTRUMEET IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).
THESE LIMITATIONS APPLY EVEN IF A LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND THEY ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US: WITHOUT THEM, WE COULD NOT OFFER THE PLATFORM AT THE FEES WE CHARGE.
Amounts we pay out under a damage protection plan or a damage claim, up to the applicable coverage limit, are paid under Sections 12 and 13 and are not affected by the cap in this section.
Some jurisdictions do not allow the exclusion or limitation of certain damages, including incidental or consequential damages, or of liability for personal injury caused by negligence. In those jurisdictions the exclusions and limitations in this section apply only to the fullest extent permitted by law, and our liability is limited to the smallest amount permitted by law.
You agree to defend, indemnify, and hold harmless Instrumeet and its affiliates, and their respective officers, directors, employees, contractors, agents, licensors, and service providers, from and against any and all claims, demands, actions, investigations, liabilities, damages, judgments, awards, settlements, fines, penalties, losses, costs, and expenses, including reasonable attorneys' fees and other legal costs, arising out of or relating to:
We will notify you of any claim for which we seek indemnification. We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with that defense, at your expense, and to make no admission and take no position inconsistent with it. You may not settle any such matter in a way that imposes any obligation, admission, or liability on us without our prior written consent. This indemnity is in addition to, and does not limit, any other remedy available to us.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS. IT REQUIRES MOST DISPUTES BETWEEN YOU AND INSTRUMEET TO BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT, AND IT WAIVES YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT WITHIN 30 DAYS AS DESCRIBED IN SECTION 23.6.
23.1 Disputes between Users. This section governs disputes between you and Instrumeet. It does not govern disputes between Users. If you have a dispute with another User, it is between the two of you: work it out directly, and see Section 10. We may make tools available to help, and we may decide how deposit and protection funds we control are applied under Section 12, but we are not obliged to intervene, mediate, or arbitrate a dispute between Users, and if we do so it does not make us a party to it.
23.2 Informal resolution first. Before starting an arbitration or a lawsuit, you agree to try to resolve the dispute informally. Send a written notice of dispute to legal@instrumeet.com describing the dispute, the relief you want, and your account email. We will do the same for a dispute we have with you. Both parties agree to negotiate in good faith for 60 days after the notice is sent. Neither party may begin an arbitration or a court proceeding covered by this section until that period has run, and the statute of limitations is tolled while it runs.
23.3 Agreement to arbitrate. If the dispute is not resolved informally, you and Instrumeet agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform — including its formation, interpretation, breach, termination, validity, or enforceability, and including claims that arose before you accepted these Terms — will be resolved exclusively by final and binding individual arbitration, and not in court. The Federal Arbitration Act governs the interpretation and enforcement of this section.
23.4 Rules and procedure.The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, as modified by these Terms, before a single arbitrator. The rules and filing forms are available at adr.org. Unless you and we agree otherwise, the arbitration will be held in the county where you live or, at your election, by telephone, videoconference, or on written submissions. The arbitrator may award any relief that a court could award to you individually, including a public injunction to the extent applicable law requires that such a claim remain available. The arbitrator's award is final and binding, and judgment on it may be entered in any court of competent jurisdiction. We will pay filing, administration, and arbitrator fees to the extent AAA's Consumer Arbitration Rules require, and we will not seek our attorneys' fees from you unless the arbitrator finds your claim was frivolous or brought for an improper purpose.
23.5 Class action and jury trial waivers. YOU AND INSTRUMEET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. YOU AND INSTRUMEET ALSO WAIVE ANY RIGHT TO A TRIAL BY JURY IN ANY PROCEEDING ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM. If this class action waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court, and the remaining claims will proceed in arbitration.
23.6 Your 30-day right to opt out. YOU MAY OPT OUT OF THIS ARBITRATION AGREEMENT AND THE CLASS ACTION WAIVER IN SECTION 23.5. To do so, send a written notice within 30 days after you first accept these Terms (or, if the arbitration provisions are materially changed, within 30 days after that change takes effect) to legal@instrumeet.com with the subject line "Arbitration Opt-Out." Your notice must include your full name, the email address on your account, and a clear statement that you want to opt out of the arbitration agreement. That is all that is required — you do not need to give a reason, and opting out will not affect your account, your listings, or how we treat you. If you opt out, Section 24 governs where disputes are heard, and the rest of these Terms continue to apply in full.
23.7 Small claims, injunctive relief, and changes. Either party may bring an individual claim in a small claims court with jurisdiction, instead of arbitration, so long as the claim stays in that court and on an individual basis. Either party may also seek injunctive or other equitable relief in court to protect intellectual property rights or to stop unauthorized access to or misuse of the Platform. If we materially change the arbitration provisions in this Section 23 after you accept them, you may reject the change by sending us notice as described in Section 23.6 within 30 days of the change, and the version you previously accepted will continue to govern disputes between us.
These Terms and any dispute arising out of or relating to them or the Platform are governed by the laws of the State of California, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 23. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
For any dispute not subject to arbitration — because you opted out under Section 23.6, because it falls within a carve-out in Section 23.7, or because a court finds the arbitration agreement inapplicable or unenforceable — you and Instrumeet consent to the exclusive jurisdiction and venue of the state and federal courts located in Los Angeles County, California, and each party waives any objection to that venue on grounds of inconvenient forum.
If you are a consumer resident in a jurisdiction whose law entitles you to the protection of its mandatory consumer-protection provisions or to bring proceedings in its local courts, nothing in this section deprives you of that right.
We are building the Platform continuously. We may add, change, suspend, or discontinue any part of it — features, fees, policies, protection plans, supported cities, and supported categories — at any time, with or without notice, and we will not be liable to you or to anyone else for doing so. We may set and change limits on how you use the Platform, and may restrict access to some or all of it without notice or liability.
Changes to these Terms are handled as described in Section 1. Each published version carries a "Last updated" date and a version identifier, and the version you accepted at signup is recorded against your account.
26.1 Notices. We may give you notice by email to the address on your account, by a message or notification in the Platform, or by posting to the Platform. You consent to receive notices, agreements, disclosures, and other communications from us electronically, and you agree that they satisfy any legal requirement that a communication be in writing. It is your responsibility to keep your email address current. Notices to us must be sent to legal@instrumeet.com.
26.2 Assignment. You may not assign or transfer these Terms, or any rights or obligations under them, without our prior written consent, and any attempt to do so is void. We may assign or transfer these Terms without restriction, including to an affiliate or in connection with a merger, acquisition, reorganization, or sale of assets. These Terms bind and benefit the parties and their permitted successors and assigns.
26.3 Severability. If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be limited or severed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Section 23.5 has its own severability rule, which controls for that provision.
26.4 No waiver. Our failure to enforce any provision of these Terms is not a waiver of that provision or of our right to enforce it later. A waiver is effective only if it is in writing and signed by us, and it applies only to the specific instance stated.
26.5 Entire agreement. These Terms, together with the Privacy Policy and any policies or supplemental terms we expressly incorporate by reference, are the entire agreement between you and Instrumeet regarding the Platform, and they supersede all prior or contemporaneous understandings, communications, and proposals, written or oral. The listing terms of a specific transaction govern that transaction as between the Users to it; they do not modify these Terms.
26.6 Force majeure. Neither party is liable for any delay or failure to perform caused by circumstances beyond its reasonable control, including acts of God, natural disaster, fire, flood, earthquake, epidemic or pandemic, war, terrorism, civil unrest, labor dispute, government action, embargo, power or telecommunications failure, internet or hosting outage, or the failure of a third-party service provider such as a payment processor.
26.7 Survival. Any provision that by its nature should survive will survive the termination or expiration of these Terms and the closure of your account, including Section 3 (What Instrumeet Is), Section 9 (Assumption of Risk), Section 10 (Release of Claims), Section 11 (Payments, Fees, and Taxes) as to amounts owed, Section 12 (Security Deposits and Damage Claims) as to claims already filed, Section 17 (Your Content and the License You Grant Us), Section 20 (Disclaimer of Warranties), Section 21 (Limitation of Liability), Section 22 (Indemnification), Section 23 (Dispute Resolution, Arbitration, and Class Action Waiver), Section 24 (Governing Law and Venue), and this Section 26.
26.8 Relationship of the parties. No agency, partnership, joint venture, employment, franchise, or fiduciary relationship is created by these Terms or by your use of the Platform. You act as an independent individual or business, on your own account.
26.9 No third-party beneficiaries. Except for the Released Parties in Section 10 and the indemnified parties in Section 22, these Terms create no rights in anyone who is not a party to them.
26.10 Interpretation.Headings are for convenience only. "Including" means "including without limitation." These Terms will not be construed against the drafter.
26.11 Language. These Terms are written in English. Any translation is provided for convenience only, and the English version controls.
For questions, notices, disputes, arbitration opt-outs, or anything else relating to these Terms, contact us at legal@instrumeet.com. For privacy questions, see our Privacy Policy.