Terms of Service

IMPORTANT — PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING FALLR8.

These Terms of Service (“Terms”) constitute a legally binding agreement between you and fallr8 (“fallr8.com,” “we,” “us,” or “our”), governing your access to and use of the FallR8 website at fallr8.com, our mobile applications, APIs, and all related services (collectively, the “Services”). By accessing or using any part of the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

PLEASE NOTE: Section 20 of these Terms contains a binding arbitration agreement and class action waiver. By agreeing to these Terms, you and FallR8 agree to resolve most disputes through individual binding arbitration rather than in court. You may opt out of the arbitration agreement within thirty (30) days of first accepting these Terms, as described in Section 20.

SKYDIVING EQUIPMENT NOTICE: FallR8 facilitates the sale of skydiving and parachute equipment, which is life-safety equipment. Malfunction of such equipment can result in serious bodily injury or death. FallR8 does not inspect, test, certify, or guarantee the condition, airworthiness, or safety of any equipment listed on the platform. FallR8 does not verify the authenticity, maintenance history, or regulatory compliance of any equipment. Users must independently confirm all safety-related information with qualified professionals before using any equipment obtained through the Services. Please read Section 14 carefully.

1. Definitions

The following definitions apply throughout these Terms:

• “Buyer”: “Buyer” means any User who purchases or attempts to purchase an item through the Services.
• “Seller”: “Seller” means any User who lists or attempts to list an item for sale through the Services.
• “User”: “User,” “you,” or “your” means any individual or entity that accesses or uses the Services, whether registered or not.
• “Content”: “Content” means all text, images, photographs, data, information, listings, descriptions, reviews, vouches, messages, and any other materials submitted, posted, or displayed by Users through the Services.
• “Listing”: “Listing” means a posting by a Seller offering an item for sale through the Services.
• “Protected Category”: “Protected Category” means gear categories designated by FallR8 as safety-critical, currently including: main canopies, reserve canopies, containers/harnesses, complete rigs, partial rigs, automatic activation devices (AADs), and wingsuits. FallR8 may update this list at any time.
• “Standard Category”: “Standard Category” means all gear categories not designated as Protected Categories, currently including: helmets, altimeters, audibles, jumpsuits, accessories, apparel, gear bags, camera mounts, and similar items.
• “Transaction”: “Transaction” means a completed purchase of an item through the Services, including all associated payment processing, shipping, and post-delivery procedures.
• “USPA”: “USPA” means the United States Parachute Association.
• “FAA”: “FAA” means the Federal Aviation Administration.

2. FallR8 Is a Marketplace

FallR8 is a peer-to-peer marketplace that provides a platform for Buyers and Sellers to transact. FallR8 is not a party to any transaction between Users. FallR8 does not own, possess, inspect, test, certify, or take custody of any items listed or sold through the Services. FallR8 does not transfer legal ownership of items from Sellers to Buyers. All transactions are between the Buyer and Seller directly.

FallR8 cannot guarantee the truth or accuracy of any Listing, the ability of Sellers to sell items, the ability of Buyers to pay for items, or the true identity, age, or qualifications of any User. FallR8 does not endorse any User, Listing, or item. Any reference to a User being “verified” refers only to the specific verification process described in Section 5 and does not constitute a comprehensive background check, endorsement of character, or guarantee of trustworthiness.

While FallR8 provides tools such as payment processing, buyer protection features, and dispute resolution to facilitate safe transactions, these tools do not make FallR8 a party to any transaction or create any warranty, guarantee, or agency relationship between FallR8 and any User.

3. Eligibility and Account Registration

3.1 Age Requirement

You must be at least eighteen (18) years of age to create an account or use the Services. By creating an account, you represent and warrant that you are at least 18 years old. FallR8 does not knowingly allow individuals under 18 to register or transact on the platform.

3.2 Account Registration

To access certain features of the Services, including buying and selling, you must create an account by providing a valid email address, your legal first and last name, and a password. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.

3.3 Account Security

You are solely responsible for maintaining the confidentiality of your password and for all activities that occur under your account. You agree to notify FallR8 immediately of any unauthorized use of your account or any other breach of security. FallR8 will not be liable for any loss or damage arising from your failure to maintain account security.

3.4 One Account Per Person

Each individual may maintain only one (1) active FallR8 account. Creating multiple accounts to circumvent restrictions, suspensions, bans, or fee obligations is a violation of these Terms and grounds for immediate termination of all associated accounts.

3.5 Account Non-Transferability

Your account is personal to you and may not be transferred, sold, assigned, or shared with any other person or entity without FallR8's prior written consent.

3.6 Right to Refuse

FallR8 reserves the right to refuse service, suspend, or terminate any account at any time, for any reason or no reason, in its sole discretion.

4. Email Verification

Email verification is required before you may create Listings, send messages, make offers, or complete purchases. You must verify your email address by clicking the verification link sent to the email address you provided during registration. FallR8 may re-verify your email address at any time.

5. User Verification

5.1 USPA Verification

To list or purchase items in Protected Categories, Users must submit USPA membership verification. The verification process requires submission of your legal name and USPA member number, which is reviewed and approved or rejected by FallR8 in its sole discretion. USPA verification indicates only that FallR8 has confirmed the submitted membership information to its reasonable satisfaction. It does not constitute a background check, endorsement, or guarantee of the User's qualifications, judgment, or fitness to use any equipment.

5.2 Seller Payment Onboarding

Sellers must complete payment onboarding through FallR8's third-party payment processor (currently Stripe Connect) before receiving payouts. Identity verification and banking information are submitted directly to the payment processor and are not stored by FallR8. Buyers may not purchase from Sellers who have not completed payment onboarding.

5.3 Verification Badges

FallR8 may display verification badges, vouch counts, transaction counts, or other trust indicators on User profiles, Listings, and throughout the Services. These indicators reflect only the specific data points they describe (for example, a “Verified” badge means the User has completed USPA verification, not that FallR8 vouches for the User personally). FallR8 makes no representations or warranties regarding any User based on these indicators.

6. Seller Obligations

6.1 Listing Accuracy

Sellers are solely responsible for the accuracy, completeness, and legality of all Listing information, including but not limited to: item title, description, condition rating, photographs, pricing, gear-specific details (such as jump counts, dates of manufacture, service dates, repack dates, sizing information, serial numbers), shipping terms, and any other information provided in the Listing. Sellers represent and warrant that all Listing information is truthful, not misleading, and accurately describes the item being offered.

6.2 Item Ownership and Legality

By creating a Listing, you represent and warrant that: (a) you are the legal owner of the item or are authorized by the owner to sell it; (b) the item is not stolen, counterfeit, or subject to any lien, encumbrance, or legal restriction on its sale; (c) the sale of the item does not violate any applicable federal, state, or local law or regulation; and (d) you have the legal right to transfer ownership of the item to the Buyer.

6.3 Condition Representation

Sellers must accurately represent the condition of items using FallR8's condition rating system: New, Like New, Excellent, Good, Airworthy, Needs Repair, or Not Airworthy / Parts. Misrepresenting condition is a violation of these Terms and may result in account suspension or termination, in addition to any liability the Seller may incur to the Buyer.

6.4 Shipping Obligations

After a Transaction is created and payment is confirmed, Sellers must ship items within three (3) business days. Failure to ship within this timeframe may result in automatic cancellation of the Transaction and a refund to the Buyer. Sellers are responsible for properly packaging items to prevent damage during transit.

6.5 Prohibited Listings

The following items may not be listed on FallR8: (a) stolen property; (b) counterfeit goods; (c) items that are illegal to sell under federal, state, or local law; (d) items subject to product recalls; (e) non-skydiving items (unless within an approved accessory category); (f) items listed with the intent to defraud; and (g) any other items FallR8 determines, in its sole discretion, to be inappropriate for the platform.

6.6 Fee Avoidance

Sellers may not use the Services to initiate contact with a Buyer and then complete the transaction outside of FallR8 to avoid fees. Any transaction initiated on FallR8 must be completed through the Services. FallR8 reserves the right to charge applicable fees on any transaction initiated through the Services, regardless of where it is completed, and to suspend or terminate accounts that engage in fee avoidance.

7. Buyer Obligations

7.1 Due Diligence

Buyers are solely responsible for performing their own due diligence before purchasing any item. This includes, but is not limited to: reviewing all Listing information, asking the Seller questions through FallR8's messaging system, researching the item independently, and consulting with qualified professionals (such as FAA-certificated parachute riggers) when purchasing safety-critical equipment.

7.2 Inspection Responsibility

For items in Protected Categories, Buyers are strongly encouraged to have items professionally inspected by an FAA-certificated parachute rigger upon receipt. The inspection window provided for Protected Category transactions (see Section 11) exists to give Buyers the opportunity to conduct such inspection. FallR8 does not perform, arrange, or guarantee any inspection. The decision to inspect or not inspect is solely the Buyer's.

7.3 Payment Obligations

By completing a purchase, you authorize FallR8 to charge the total amount (item price, shipping, and applicable taxes) to your selected payment method. All payments are processed through FallR8's third-party payment processor.

8. Fees and Payments

8.1 No Listing Fees

Creating and publishing Listings on FallR8 is free.

8.2 Seller Fees

Upon successful completion of a Transaction, FallR8 deducts fees from the Seller's payout. The current fee structure is: (a) a platform commission of six percent (6%) of the item price plus shipping; and (b) a payment processing fee of 2.9% plus $0.30, calculated on the item price plus shipping. FallR8 may offer promotional commission rates to individual Sellers at its discretion. FallR8 reserves the right to modify its fee structure at any time upon notice to Users.

8.3 Buyer Costs

Buyers pay the listed item price, shipping costs as set by the Seller, and applicable sales tax as determined by law. Sales tax is calculated via FallR8's payment processor based on the Buyer's shipping address.

8.4 Payment Processing

All payments are processed through third-party payment processors (currently Stripe). FallR8 does not store credit card numbers, bank account details, or other sensitive payment information. Your use of payment services is subject to the applicable third-party terms of service and privacy policies. FallR8 is not responsible for errors, delays, or failures of third-party payment processors.

8.5 Taxes

Buyers are responsible for all applicable sales taxes associated with their purchases. FallR8 calculates and collects applicable sales tax as required by law. Sellers are responsible for their own income tax reporting obligations arising from sales made through the Services.

9. Fund Holding and Seller Payouts

9.1 Fund Holding — Payment Facilitation, Not Escrow

When a Buyer completes a purchase, funds are received and held in FallR8's platform payment account as part of a payment facilitation service. Funds are not released to the Seller until the Transaction reaches “Completed” status, as described in Section 11. This fund-holding arrangement is a payment facilitation service provided through FallR8's third-party payment processor. It is not an escrow service, and FallR8 is not acting as an escrow agent, trustee, or fiduciary. FallR8 controls the timing of fund transfers to Sellers based on the transaction lifecycle rules described in these Terms, as permitted by the payment processor's terms of service.

9.2 Payout Timing

Upon Transaction completion, FallR8 initiates a transfer to the Seller's connected payment account. Transfer timing depends on the Seller's payment processor configuration and may take additional business days to reach the Seller's bank account. FallR8 is not responsible for delays caused by the payment processor or the Seller's financial institution.

9.3 Payout Amount

Sellers receive the item price plus shipping minus the platform commission and payment processing fees described in Section 8.2.

9.4 Fund Holds on Termination

If a User's account is suspended, terminated, or banned, FallR8 may hold funds associated with any pending, disputed, or recently completed Transactions for a period of up to one hundred eighty (180) days following termination, or until all associated disputes, chargebacks, and potential refund obligations have been fully resolved, whichever is later. This hold period allows FallR8 to respond to chargebacks, process refunds, and resolve disputes that may arise after account termination. FallR8 will release remaining funds to the User's connected payment account after the hold period expires, provided no unresolved claims remain.

10. Geographic Restrictions and Sanctions Compliance

10.1 United States Only

The Services are currently available only to Users located within the United States and its territories. All shipping addresses must be valid United States addresses. FallR8 reserves the right to expand or restrict geographic availability at any time.

10.2 Sanctions Compliance

You represent and warrant that: (a) you are not located in, organized under the laws of, or a resident of any country or territory that is the subject of comprehensive economic sanctions administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (“OFAC”); (b) you are not identified on any U.S. government restricted party list, including the OFAC Specially Designated Nationals and Blocked Persons list, or any other applicable sanctions list; and (c) you will not use the Services to transact with, or on behalf of, any person or entity described in (a) or (b). FallR8 reserves the right to block, suspend, or terminate any account that FallR8 reasonably believes is in violation of this Section or applicable sanctions laws.

10.3 Export Restrictions

Items sold through the Services may be subject to U.S. export control laws and regulations, including the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR). Users are solely responsible for compliance with all applicable export control laws in connection with any Transaction.

11. Transaction Lifecycle

11.1 Two Transaction Lanes

FallR8 processes transactions in two lanes, determined automatically by the item's category:

(a) Standard Lane (Standard Category items): After delivery is confirmed via tracking, the Transaction automatically completes three (3) calendar days after delivery if no dispute has been filed. Seller payout is then initiated.

(b) Protected Lane (Protected Category items): After delivery is confirmed via tracking, a seven (7) calendar day inspection window begins. During this window, the Buyer may inspect the item (or have it inspected by a qualified professional) and may open a dispute if the item is not as described. If no dispute is filed within the inspection window, the Transaction automatically completes and Seller payout is initiated.

11.2 Shipping Deadline

Sellers must ship items within three (3) business days of payment confirmation. FallR8 sends a shipping reminder after forty-eight (48) hours. Buyers may cancel the Transaction after three (3) business days if the Seller has not shipped. FallR8 may automatically cancel the Transaction after five (5) business days of non-shipment and issue a full refund to the Buyer.

11.3 Delivery Confirmation

Delivery is confirmed via tracking data from the shipping carrier, as relayed through FallR8's shipping integration partner (currently Shippo). FallR8 relies on carrier-reported delivery status and is not responsible for inaccurate tracking information provided by carriers.

11.4 Automatic Completion

If the applicable post-delivery period (three days for Standard Lane, seven days for Protected Lane) expires without a dispute being filed, the Transaction is automatically marked as completed, and no further disputes may be opened for that Transaction through FallR8's platform. This does not affect any rights you may have under applicable law.

12. Disputes Between Users

12.1 Dispute Process

FallR8 provides a dispute resolution process as a service to Users. This process is not mandatory arbitration between Users; it is FallR8's internal mechanism for determining the disposition of held funds. FallR8's dispute decisions are final with respect to the funds held on the platform.

12.2 Three-Tier Resolution

Disputes proceed through the following tiers:

Tier 1 — Seller Response (24 hours): When a Buyer opens a dispute, the Seller has twenty-four (24) hours to respond. The Seller may offer a full refund, offer a partial refund, or contest the dispute. If the Seller does not respond within twenty-four hours, the dispute escalates to Tier 2.

Tier 2 — FallR8 Review: If the Seller contests the dispute or fails to respond, FallR8 will review the dispute, including transaction details, tracking information, messages between the parties, and any evidence submitted. FallR8 may issue a full refund to the Buyer, a partial refund, or release funds to the Seller.

Tier 3 — Payment Processor Chargeback: If a Buyer files a chargeback with their card issuer or payment provider, the matter is handled by the payment processor and the card network according to their respective rules. FallR8 will submit relevant evidence (transaction records, tracking data, communication logs) to the payment processor. The outcome of a chargeback is determined by the card network or payment provider, not FallR8.

12.3 Fund Freezing

When a dispute is opened, funds associated with the Transaction are frozen in FallR8's platform account. No payout to the Seller will be initiated until the dispute is resolved.

12.4 Limitations

FallR8's dispute process is limited to determining the disposition of funds held on the platform. FallR8 does not adjudicate legal claims between Users, does not act as a court or arbitrator, and does not provide legal advice. Users retain all rights to pursue legal claims independently of FallR8's dispute process.

13. Platform Remedy Limitation

13.1 Primary Remedy

FallR8 provides the dispute resolution process described in Section 12 as the primary mechanism for resolving transaction-related issues between Buyers and Sellers. To the fullest extent permitted by applicable law, a User's sole and exclusive remedy for disputes relating to a Transaction conducted through the Services, including disputes regarding item condition, accuracy of Listing information, shipping issues, or the disposition of funds held by FallR8, shall be the remedies available through FallR8's dispute resolution process as described in Section 12.

13.2 No Obligation to Pursue Claims

FallR8 shall have no obligation to pursue claims on behalf of any User against another User, any manufacturer, any shipping carrier, or any other third party. Any legal claims relating to a Transaction, including but not limited to claims regarding item condition, misrepresentation, product defects, product liability, personal injury, or property damage, must be pursued directly between the Buyer and Seller or against the relevant manufacturer, carrier, or other responsible party.

13.3 Scope of FallR8's Role

FallR8's role in dispute resolution is limited to determining the disposition of funds held through the platform payment system. FallR8 does not adjudicate legal liability between Users, does not determine fault, and does not make findings regarding the condition, airworthiness, safety, or value of any item.

13.4 Adequacy of Remedies

Users agree that the remedies available through the Services, including the dispute resolution process, inspection windows, and fund-holding protections described in these Terms, constitute reasonable and adequate remedies for marketplace transactions conducted through the platform.

14. Shipping, Delivery, and Risk of Loss

14.1 Shipping Facilitation

Shipping is facilitated through FallR8's integration with third-party shipping providers (currently Shippo). Sellers may create shipping labels through the Services or enter tracking information for labels obtained independently. Buyers pay shipping costs as set by the Seller.

14.2 Risk of Loss

Title to and risk of loss for items purchased through the Services passes from the Seller to the Buyer upon the carrier's confirmed delivery of the item to the Buyer's shipping address. Prior to delivery confirmation, risk of loss remains with the Seller. The Seller is responsible for ensuring items are properly packaged and insured (at the Seller's discretion) during transit. After delivery confirmation, the Buyer assumes all risk of loss, damage, or theft of the item, except as provided through the dispute resolution process in Section 12.

14.3 Carrier Responsibility

FallR8 is not a shipping carrier and is not responsible for items lost, damaged, or delayed in transit. Carrier liability is governed by the applicable carrier's terms of service. FallR8 does not provide shipping insurance, though Sellers and Buyers may obtain insurance independently through the carrier or a third party.

14.4 Non-Delivery

If tracking data indicates a delivery failure, return to sender, or non-delivery, the Seller retains risk of loss and must work with the carrier to resolve the issue. The Buyer may open a dispute through FallR8's dispute resolution process for non-delivery.

15. Skydiving Equipment Disclaimer and Assumption of Risk

THIS SECTION CONTAINS IMPORTANT LIMITATIONS ON FALLR8'S LIABILITY REGARDING SKYDIVING AND PARACHUTE EQUIPMENT. PLEASE READ IT CAREFULLY.

15.1 Inherently Dangerous Activity

You acknowledge that skydiving and parachuting are inherently dangerous activities that can cause serious bodily injury or death, even when all equipment is functioning properly and all safety procedures are followed. Equipment sold through FallR8 may include life-safety equipment, including but not limited to parachute systems, reserve canopies, containers, harnesses, automatic activation devices, and wingsuits. Malfunction, failure, improper maintenance, or improper use of such equipment can result in permanent injury or death.

15.2 No Inspection or Certification by FallR8

FallR8 does not inspect, test, repack, rig, certify, or guarantee the condition, airworthiness, safety, functionality, or fitness for any purpose of any item listed on or sold through the Services. FallR8 does not verify the authenticity, maintenance history, service records, or regulatory compliance of any equipment. All information regarding item condition, service history, repack dates, jump counts, dates of manufacture, service life, and other specifications is provided solely by the Seller. FallR8 makes no representations or warranties regarding the accuracy of such information. Users must independently confirm all safety-related information with qualified professionals.

15.3 FAA Compliance

Compliance with Federal Aviation Administration (FAA) regulations, including but not limited to reserve repack requirements under 14 CFR §65.129 (180-day repack cycle), AAD service intervals, and airworthiness standards, is the sole responsibility of the equipment owner. FallR8 may display repack dates, service dates, and other regulatory-adjacent information as provided by the Seller, but this display is informational only and does not constitute verification of compliance, an airworthiness determination, or advice regarding regulatory obligations.

15.4 Professional Inspection Recommended

FallR8 strongly recommends that Buyers have all parachute equipment, and especially all items in Protected Categories, professionally inspected by an FAA-certificated parachute rigger before use. The inspection window provided for Protected Category transactions exists to facilitate such inspection. It is the Buyer's sole responsibility to arrange and pay for any inspection. FallR8 does not perform, arrange, guarantee, or certify any inspection.

15.5 Assumption of Risk

BY USING THE SERVICES TO PURCHASE SKYDIVING OR PARACHUTE EQUIPMENT, YOU ACKNOWLEDGE THAT YOU UNDERSTAND THE RISKS INHERENT IN THE USE OF SUCH EQUIPMENT, INCLUDING THE RISK OF SERIOUS BODILY INJURY OR DEATH. YOU VOLUNTARILY ASSUME ALL RISKS ARISING FROM YOUR PURCHASE, POSSESSION, AND USE OF ANY ITEM OBTAINED THROUGH THE SERVICES, WHETHER OR NOT SUCH RISKS WERE FORESEEABLE AND WHETHER OR NOT FALLR8 WAS ADVISED OF SUCH RISKS.

15.6 No Airworthiness Guarantee

FallR8 makes no representation or warranty that any item sold through the Services is airworthy, safe to use, suitable for any particular purpose, or compliant with any regulation. Seller-assigned condition ratings (including “Airworthy”) are the Seller's own assessment and are not verified, endorsed, or guaranteed by FallR8.

15.7 Release of Claims Related to Equipment

To the fullest extent permitted by applicable law, you release FallR8 and its officers, directors, employees, agents, contractors, and affiliates from any and all claims, demands, causes of action, damages, losses, costs, and expenses (including attorneys' fees) arising from or related to: (a) the condition, safety, airworthiness, or performance of any item purchased through the Services; (b) any injury, death, or property damage resulting from the use of any item purchased through the Services; (c) any inaccuracy in Seller-provided information regarding any item; or (d) any failure of any item to comply with applicable laws, regulations, or manufacturer specifications.

16. Intellectual Property

16.1 FallR8's Intellectual Property

The Services, including but not limited to the FallR8 website, mobile applications, software, source code, object code, APIs, databases, algorithms, data structures, user interface designs, page layouts, visual design elements, icons, graphics, logos, the “fallr8” name and wordmark, taglines, trade dress, color schemes, typography selections, and all documentation, are the exclusive property of FallR8, LLC and/or its licensors and are protected by United States and international copyright, trademark, trade secret, patent, and other intellectual property laws. The compilation, organization, and arrangement of all content available through the Services is the exclusive property of FallR8.

16.2 Trademarks

The “fallr8” name, the FallR8 logo, the FallR8 wordmark (in all approved treatments), the tagline “The skydiver's marketplace,” and all related names, logos, product and service names, designs, and slogans are trademarks or service marks of FallR8, LLC (whether or not registered). You may not use these marks without the prior written permission of FallR8. All other names, logos, product and service names, designs, and slogans appearing on the Services are the trademarks of their respective owners.

16.3 Restrictions on Use

You may not, directly or indirectly: (a) copy, reproduce, modify, adapt, translate, create derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit any portion of the Services or FallR8's intellectual property except as expressly permitted by these Terms; (b) decompile, reverse-engineer, disassemble, or otherwise attempt to derive the source code, algorithms, or data structures of any software or technology used in the Services; (c) use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated means to access, collect, copy, or monitor any portion of the Services or any data or content found on the Services without FallR8's express prior written consent; (d) use the Services or any data obtained therefrom to build, train, or improve (directly or indirectly) any competing product, service, marketplace, or machine learning model; (e) frame or mirror any part of the Services without FallR8's express prior written consent; (f) create a database by systematically downloading or storing content from the Services; (g) attempt to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services; or (h) use the Services in any manner that could damage, disable, overburden, or impair the Services or interfere with any other party's use of the Services.

16.4 User Content License

By submitting, posting, or displaying Content on or through the Services, you grant FallR8 a non-exclusive, worldwide, royalty-free, sublicensable, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content in connection with operating, promoting, and improving the Services and FallR8's business, in any media formats and through any media channels now known or hereafter developed. This license persists for as long as the Content remains on the Services and for a reasonable period thereafter necessary for archival, backup, and legal compliance purposes. You retain ownership of your Content, subject to the license granted herein.

16.5 Content Representations

You represent and warrant that: (a) you own or have the necessary licenses, rights, consents, and permissions to all Content you submit; (b) your Content does not infringe, misappropriate, or violate any third party's intellectual property rights, rights of privacy, rights of publicity, or other legal rights; (c) your Content does not contain any material that is unlawful, defamatory, obscene, or otherwise objectionable; and (d) your Content does not contain any virus, malware, or other harmful code.

16.6 Copyright Infringement — DMCA

FallR8 respects the intellectual property rights of others. If you believe that Content on the Services infringes your copyright, you may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing the following information to our designated agent: (a) a physical or electronic signature of the copyright owner or authorized agent; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and its location on the Services; (d) your contact information (address, telephone number, email address); (e) a statement that you have a good faith belief that the use is not authorized; and (f) a statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner. DMCA notices should be sent to: legal@fallr8.com.

16.7 Feedback and Suggestions

If you provide FallR8 with any ideas, suggestions, feedback, or proposals regarding the Services (“Feedback”), you acknowledge that: (a) FallR8 is not under any obligation of confidentiality regarding the Feedback; (b) FallR8 may have something similar already under consideration or development; (c) your Feedback automatically becomes the property of FallR8 without any obligation to you; and (d) FallR8 is free to use such Feedback for any purpose without compensation to you.

16.8 Proprietary Data

Pricing data, transaction volume data, market trend data, search algorithms, recommendation algorithms, filtering logic, category-specific gear field schemas, and all other data aggregated, derived, or computed by FallR8 in the course of operating the Services constitute proprietary trade secrets and confidential information of FallR8. Users may not collect, compile, sell, distribute, or exploit such data without FallR8's express prior written consent.

16.9 Data Analysis Rights

FallR8 reserves the right to analyze, aggregate, and use anonymized and aggregated data derived from Users' use of the Services for any lawful business purpose, including but not limited to improving the Services, conducting research, generating market insights, and developing new features. Such aggregated data will not identify any individual User.

17. Prohibited Conduct

In addition to the restrictions set forth elsewhere in these Terms, you agree that you will not:

• Use the Services for any unlawful purpose or in violation of any applicable law or regulation.
• Post false, inaccurate, misleading, defamatory, or deceptive Content.
• List or sell stolen, counterfeit, or illegally obtained items.
• Manipulate pricing, search rankings, or other marketplace mechanisms through coordinated activity, automated tools, or any other means.
• Circumvent, disable, or otherwise interfere with security-related features of the Services.
• Attempt to contact Users for the purpose of completing transactions outside of the Services to avoid fees.
• Harass, threaten, intimidate, or abuse any User.
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity.
• Use any automated system, including robots, crawlers, or scrapers, to access the Services for any purpose without FallR8's express prior written consent.
• Interfere with or disrupt the Services or any server or network connected to the Services.
• Collect or store personal information about other Users without their explicit consent.
• Use the Services to distribute unsolicited commercial messages (spam).
• Create multiple accounts to circumvent restrictions, bans, or fee obligations.
• Engage in any activity that FallR8 determines, in its sole discretion, to be harmful to the Services, its Users, or its reputation.

18. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FALLR8 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Without limiting the foregoing, FallR8 does not warrant that: (a) the Services will be uninterrupted, timely, secure, or error-free; (b) the information provided through the Services will be accurate, reliable, or complete; (c) any items purchased through the Services will meet your expectations or be fit for any particular purpose, including but not limited to use in skydiving or parachuting activities; (d) any defects in the Services will be corrected; or (e) the Services or the servers that make the Services available are free of viruses or other harmful components.

No advice or information, whether oral or written, obtained by you from FallR8 shall create any warranty not expressly stated in these Terms.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FALLR8, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF FALLR8 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR USE OF OR INABILITY TO USE THE SERVICES; (B) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY OTHER USER; (C) ANY CONTENT OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; (D) ANY ITEM PURCHASED THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PROPERTY DAMAGE, OR DEATH RESULTING FROM THE USE OF ANY ITEM; OR (E) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT OR TRANSMISSIONS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FALLR8'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO FALLR8 DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).

The limitations of liability set forth in this Section 19 shall apply regardless of the form of action, whether based in contract, tort, negligence, strict liability, or any other legal or equitable theory, and shall apply even if any remedy specified in these Terms is found to have failed of its essential purpose. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations and exclusions may not apply to you. In such jurisdictions, FallR8's liability is limited to the fullest extent permitted by law.

20. Indemnification

You agree to defend, indemnify, and hold harmless FallR8, LLC, its officers, directors, employees, agents, contractors, affiliates, and licensors (collectively, the “Indemnified Parties”) from and against any and all claims, demands, actions, suits, proceedings, losses, damages, liabilities, judgments, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Services; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) your Content; (e) any item you list, sell, purchase, or use obtained through the Services, including but not limited to any claim of personal injury, death, property damage, product liability, or breach of warranty; (f) your interaction with any other User; (g) any inaccuracy in information you provide through the Services; or (h) your infringement or misappropriation of any third party's rights.

FallR8 reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, in which event you will cooperate with FallR8 in asserting any available defenses. You agree not to settle any such matter without FallR8's prior written consent.

21. Arbitration Agreement and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

21.1 Agreement to Arbitrate

You and FallR8 agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (collectively, “Disputes”) will be resolved exclusively through final and binding individual arbitration, rather than in court, except that: (a) you may assert claims in small claims court if your claims qualify; and (b) either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights.

21.2 Arbitration Rules

Arbitration shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by this Section 21. The AAA Rules are available at www.adr.org. A single arbitrator will be selected in accordance with the AAA Rules. The arbitration will be held in the county where you reside or at another mutually agreed location. The arbitrator shall apply the laws of the State of Tennessee consistent with the Federal Arbitration Act.

21.3 Class Action Waiver

YOU AND FALLR8 AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, OR PRIVATE ATTORNEY GENERAL ACTION. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, collective, or representative proceeding. If this class action waiver is found to be unenforceable, then the entirety of this arbitration agreement shall be null and void.

21.4 Jury Trial Waiver

BY AGREEING TO THESE TERMS, YOU AND FALLR8 EACH WAIVE THE RIGHT TO A JURY TRIAL.

21.5 Opt-Out

You may opt out of this arbitration agreement by sending written notice to legal@fallr8.com within thirty (30) days of first accepting these Terms. Your notice must include your name, mailing address, and email address associated with your FallR8 account, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, neither you nor FallR8 will be required to arbitrate disputes, and both parties retain their right to resolve disputes in court. Opting out of arbitration will not affect your ability to use the Services.

21.6 Arbitration Costs

FallR8 will pay all AAA filing fees, administration fees, and arbitrator fees for any arbitration initiated by you, unless the arbitrator determines your claim is frivolous. If FallR8 initiates arbitration against you, FallR8 will pay all associated fees. Each party shall bear its own attorneys' fees, except as may be awarded by the arbitrator.

21.7 Survival

This arbitration agreement survives termination of your account and these Terms.

22. Termination

22.1 Termination by You

You may close your account at any time by contacting FallR8 or through your account settings. Closing your account does not relieve you of any obligations arising from Transactions completed or initiated prior to termination, including payment obligations and obligations related to pending disputes.

22.2 Termination by FallR8

FallR8 may suspend or terminate your account and access to the Services at any time, for any reason or no reason, with or without notice, in its sole discretion. Reasons for termination may include, but are not limited to: violation of these Terms, fraudulent activity, repeated disputes, request by law enforcement, extended periods of inactivity, or conduct that FallR8 determines to be harmful to other Users or the Services.

22.3 Effect of Termination

Upon termination: (a) your right to access and use the Services immediately ceases; (b) FallR8 may delete your account and associated Content; (c) any outstanding Transactions will be processed to completion or cancelled as determined by FallR8; (d) any pending payouts will be processed in accordance with Section 9.4 (Fund Holds on Termination), subject to any holds for pending disputes or chargebacks; and (e) all provisions of these Terms that by their nature should survive termination shall survive, including Sections 15, 16, 18, 19, 20, 21, and 25.

23. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of laws principles. Subject to the arbitration agreement in Section 21, any legal action or proceeding arising out of or relating to these Terms that is not subject to arbitration shall be brought exclusively in the federal or state courts located in Dickson County, Tennessee. You consent to the personal jurisdiction and venue of such courts.

24. Modifications to Terms and Services

24.1 Modifications to Terms

FallR8 reserves the right to modify these Terms at any time. When we make material changes, we will notify you by email (to the address associated with your account) and/or by posting a prominent notice on the Services at least thirty (30) days before the changes take effect. Your continued use of the Services after the effective date of any modifications constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services and close your account. Non-material changes (such as typographical corrections or clarifications) may be made at any time without prior notice.

24.2 Modifications to Services

FallR8 reserves the right to modify, suspend, or discontinue any part of the Services at any time, with or without notice, including but not limited to features, functionality, fee structures, transaction lanes, inspection windows, and dispute procedures. FallR8 shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services.

25. General Provisions

25.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and FallR8 regarding the Services and supersede all prior or contemporaneous agreements, representations, warranties, and understandings.

25.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid, illegal, or unenforceable provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent.

25.3 No Waiver

FallR8's failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms shall be effective only if in writing and signed by FallR8.

25.4 No Agency

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and FallR8. You have no authority to bind FallR8 in any respect.

25.5 Assignment

You may not assign or transfer these Terms or your rights hereunder without FallR8's prior written consent. FallR8 may freely assign or transfer these Terms without restriction and without notice to you.

25.6 Force Majeure

FallR8 shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, government actions, pandemics, internet or telecommunications failures, power outages, shipping carrier disruptions, or third-party service provider outages.

25.7 Notices

All notices from FallR8 to you may be delivered by email to the address associated with your account or by posting on the Services. Notices from you to FallR8 must be sent to legal@fallr8.com or to FallR8, LLC at the address published on fallr8.com. Notice shall be deemed given twenty-four (24) hours after email is sent or notice is posted on the Services.

25.8 Electronic Communications

By using the Services and providing your email address, you consent to receive electronic communications from FallR8 including: transactional emails related to your account and Transactions, service announcements, and administrative messages. These electronic communications satisfy any legal requirement that such communications be in writing.

25.9 Survival

The following Sections shall survive termination of these Terms: 1 (Definitions), 8 (Fees), 9.4 (Fund Holds), 13 (Platform Remedy Limitation), 15 (Skydiving Equipment Disclaimer), 16 (Intellectual Property), 18 (Disclaimer of Warranties), 19 (Limitation of Liability), 20 (Indemnification), 21 (Arbitration), 23 (Governing Law), and 25 (General Provisions), as well as any other provisions that by their nature should survive.

25.10 Headings

Section headings are for convenience only and shall have no legal effect.

25.11 California Residents

If you are a California resident, you waive California Civil Code §1542, which provides: “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.”

26. Contact Information

If you have any questions about these Terms, please contact us at:

FallR8, LLC
Email: legal@fallr8.com
Website: fallr8.com

— End of Terms of Service —