Terms of Service

1. Agreement to Terms

By downloading, accessing, or using the BidDrop mobile application, website, or any related services (collectively, the “Platform”), you agree to be bound by these Terms of Service (“Terms”). These Terms constitute a legally binding agreement between you (“you” or “User”) and Bidrop LLC (“BidDrop,” “we,” “us,” or “our”), a Delaware limited liability company.

If you do not agree to these Terms, you must not access or use the Platform. Please read these Terms carefully before using the Platform.

These Terms are not legal advice. We encourage you to consult with a qualified attorney if you have questions about your rights and obligations.

2. Eligibility

2.1 Age Requirement

You must be at least 18 years of age to create an account and use the Platform. By using the Platform, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms. During account onboarding, you will be required to confirm your age by checking an age confirmation box. By checking the age confirmation box, you make a binding legal representation that you are at least 18 years of age. Providing a false age representation constitutes fraud and grounds for immediate account termination and potential legal action.

2.2 Student Verification

Certain features of the Platform, including campus-specific marketplaces and community features, may require verification of your status as an enrolled college or university student. College verification is optional but required to access campus-scoped features such as campus-only Quick Needs and sub-community filtering. By completing student verification, you represent that you are currently enrolled at the associated institution.

2.3 Legal Capacity

You represent that you have the legal authority and capacity to enter into binding agreements, to use the Platform, and to complete transactions in your jurisdiction.

2.4 Account Restrictions

You may not use the Platform if you have been previously banned or removed from the Platform, or if you are prohibited from using the Platform under applicable law.

3. Account Registration and Security

3.1 Account Creation

To use the Platform, you must create an account by providing accurate, current, and complete information. Account registration requires a valid mobile phone number. You will receive a one-time verification code via SMS (powered by Twilio through Supabase Auth) to verify ownership of your phone number. By providing your phone number, you consent to receiving SMS messages from BidDrop for authentication, security alerts, and account-related notifications. Standard messaging and data rates from your carrier may apply.

3.2 Phone Number Verification

Your phone number serves as your primary account identifier and authentication method. You agree to:

• Provide a phone number that you own and control.
• Keep your phone number current and update it promptly if it changes.
• Not use temporary, virtual, or disposable phone numbers to create accounts.
• Not use a phone number belonging to another person without their authorization.

If you change your phone number, you must update your account before the old number is reassigned by your carrier to prevent unauthorized access.

3.3 Account Security

You are responsible for maintaining the security of your account and for all activities that occur under your account. You agree to:

• Not share your account access or verification codes with any other person.
• Notify us immediately at support@biddrop.app if you suspect unauthorized access to your account.
• Not create or maintain more than one account per person.

3.4 Account Accuracy

You agree to keep your account information accurate and up to date. We reserve the right to suspend or terminate accounts that contain false or misleading information.

4. Nature of the Platform

4.1 Intermediary Status

BidDrop is an online marketplace platform that facilitates transactions between users. BidDrop is not a party to any transaction between users. We do not own, sell, buy, rent, borrow, deliver, store, or inspect any items listed on the Platform. We do not employ or contract delivery providers who fulfill delivery requests.

4.2 No Endorsement

The listing of an item or service on the Platform does not constitute an endorsement, certification, or guarantee by BidDrop of the quality, safety, legality, or accuracy of that listing.

4.3 Section 230

To the fullest extent permitted by law, BidDrop is protected under Section 230 of the Communications Decency Act (47 U.S.C. Section 230) as a provider of an interactive computer service. User-generated content, including listings, Quick Needs, reviews, and chat messages, is the sole responsibility of the user who created it. BidDrop is not the publisher or speaker of user-generated content.

5. User Conduct and Prohibited Activities

5.1 General Conduct

You agree to use the Platform in compliance with all applicable local, state, national, and international laws and regulations. You agree to treat other users with respect and to engage in transactions honestly and in good faith.

5.2 Prohibited Items and Services

The following items and services are strictly prohibited on the Platform:

• Illegal drugs, controlled substances, and drug paraphernalia.
• Weapons, including firearms, ammunition, explosives, and knives regulated by applicable law.
• Stolen property or items you do not have the legal right to sell, rent, or lend.
• Counterfeit goods, including fake branded merchandise, forged documents, or fraudulent tickets.
• Materials that facilitate academic dishonesty, including completed assignments, exam answers, essays for submission by others, or any services intended to facilitate cheating or plagiarism.
• Hazardous materials, including flammable, toxic, radioactive, or otherwise dangerous substances.
• Alcohol, tobacco, and vaping products.
• Prescription medications or medical devices requiring a prescription.
• Recalled products.
• Items that infringe intellectual property rights, including pirated software, unauthorized copies of copyrighted material, and items bearing trademarks without authorization.
• Adult content or sexually explicit material.
• Live animals.
• Human remains or body parts.

5.3 Prohibited Conduct

You agree not to:

• Harass, threaten, intimidate, or bully other users, whether through the Platform, in connection with transactions, or otherwise.
• Engage in fraud, including misrepresenting items, creating fake listings, filing false disputes, or manipulating the bidding process.
• Circumvent the payment system, including arranging off-platform payments to avoid fees, using fraudulent payment methods, or manipulating transaction records.
• Create or maintain multiple accounts for the purpose of evading bans, manipulating ratings, artificially inflating demand, or any other deceptive purpose.
• Engage in price gouging or predatory pricing practices, including artificially inflating prices during emergencies or exploiting other users' urgent needs.
• Manipulate ratings or reviews, including soliciting fake reviews, offering incentives for positive reviews, or retaliating against users who leave honest reviews.
• Scrape, crawl, or use automated means to access the Platform or extract data without our express written permission.
• Interfere with the Platform's operation, including introducing viruses, overloading servers, or attempting to gain unauthorized access to our systems.
• Impersonate any person or entity, or falsely represent your affiliation with any person or entity.
• Use the Platform for any commercial purpose unrelated to peer-to-peer transactions (such as operating a retail business through the Platform).

6. Transactions and Payments

6.1 Bidding

• Users may post Quick Needs (requests to buy, borrow, rent, or have items delivered) and receive bids from other users.
• Users may post listings (items for sale, rent, or lending) and receive bids from interested buyers or renters.
• A bid constitutes an offer to transact at the specified price and terms. Placing a bid does not guarantee a transaction.
• The poster of a Quick Need or listing has sole discretion to accept or reject any bid.
• Once a bid is accepted by both parties, it constitutes a binding agreement between the users to complete the transaction under the agreed terms.

6.2 Payment Processing

• All payments are processed through Stripe Connect. By using the Platform to make or receive payments, you agree to Stripe's Connected Account Agreement and Terms of Service.
• Payments are held in escrow by Stripe until the transaction is completed or a dispute is resolved.
• BidDrop does not store your full credit card, debit card, or bank account numbers.

6.3 Fee Structure

• BidDrop Fee: BidDrop charges a seller-side service fee of 4% of the transaction amount (with a minimum fee of $0.15). The fee is calculated as: max(transaction_amount x 4%, $0.15). This fee is deducted from the seller's, lender's, or service provider's payout. Buyers and requesters pay the exact listed or bid price with no additional BidDrop fees.
• Deposit Exemption: Refundable security deposits on rental transactions are not subject to the BidDrop fee.
• Stripe Processing Fees: Standard Stripe payment processing fees are separate from the BidDrop fee and are handled in accordance with Stripe's fee schedule. Stripe fees are deducted from the transaction amount before payout.
• Fee Modifications: BidDrop reserves the right to modify its fee structure with reasonable advance notice to users. Updated fees will apply to transactions initiated after the effective date of the change.

6.4 Payouts

Seller and service provider payouts are processed through Stripe Connect to the bank account or debit card associated with the user's Stripe Connect account. Payout timing is subject to Stripe's standard processing schedule.

7. Credits and Promotional Offers

7.1 Nature of Credits

BidDrop may, at its sole discretion, issue virtual credits (“Credits”) to user accounts. Credits are virtual, promotional instruments only and are not currency, property, or a stored-value product. Credits have no cash value and cannot be redeemed for cash, transferred to other users, sold, traded, bartered, or exchanged for anything other than eligible transactions on the Platform.

7.2 Issuance and Sources

Credits may be issued through any of the following means, as determined by BidDrop in its sole discretion:

• Promotional codes distributed by BidDrop through marketing campaigns, partnerships, or events.
• Promotional bonuses earned through qualifying activities on the platform.
• Action rewards for completing specific milestones, such as posting your first listing, making your first purchase, or completing your first delivery.
• Customer service resolutions issued at the discretion of BidDrop support.
• Any other promotional program established by BidDrop from time to time.

7.3 Expiration

All Credits expire thirty (30) days after the date of issuance, regardless of the source. Expired Credits are automatically forfeited and cannot be reinstated. It is your responsibility to use Credits before they expire. BidDrop is not obligated to notify you of upcoming Credit expiration, although we may do so as a courtesy.

7.4 Redemption

Credits may be applied toward eligible transactions on the Platform at checkout. Credits are applied before payment processing. If the transaction amount exceeds the available Credit balance, the remaining balance will be charged to your payment method. If the available Credit balance exceeds the transaction amount, the unused portion remains in your account until expiration.

7.5 Non-Transferability and Non-Refundability

Credits are personal to the account to which they are issued. Credits may not be transferred, assigned, gifted, or shared between accounts. Credits are non-refundable under all circumstances, including but not limited to account closure, transaction cancellation, or disputes.

7.6 Forfeiture

All Credits associated with an account are immediately and permanently forfeited upon:

• Voluntary deletion of the account by the user.
• Suspension or termination of the account by BidDrop for any reason, including violation of these Terms.
• A ban or restriction placed on the account.

Forfeited Credits cannot be reinstated, and no compensation or refund of any kind will be provided for forfeited Credits.

7.7 Modification and Cancellation of Credit Programs

BidDrop reserves the right, at its sole discretion and at any time, to modify, suspend, or cancel any Credit program, promotion, or offer, including but not limited to changing Credit amounts, eligibility requirements, expiration periods, or redemption terms. Such changes will not affect Credits already properly issued and unexpired at the time of the change, except as required by law.

7.8 Fraud and Abuse

Any attempt to fraudulently obtain, manipulate, or abuse Credits is strictly prohibited. This includes, but is not limited to:

• Creating multiple accounts to obtain additional Credits.
• Using automated tools, bots, or scripts to generate or redeem Credits.
• Exploiting bugs, errors, or vulnerabilities in the Credit system.
• Selling, purchasing, or trading Credits outside the Platform.
• Colluding with other users to manipulate promotional programs.

BidDrop reserves the right to void any Credits obtained through fraud or abuse, reverse transactions completed with fraudulently obtained Credits, and immediately suspend or terminate the offending account without notice. BidDrop may also pursue legal remedies for fraud or abuse of the Credit system.

8. Rental-Specific Terms

8.1 Rental Agreements

When a rental transaction is initiated through the Platform, the renter and the item owner enter into a rental agreement governed by these Terms and any additional terms agreed upon between the parties.

8.2 Security Deposits

• Item owners may require a security deposit for rental items, which is held via Stripe as a payment hold.
• Security deposits will be captured (charged) only in the event of damage, loss, or failure to return the item.
• If the item is returned in acceptable condition and on time, the deposit hold will be released.

8.3 Condition Photo Documentation

• Lender (item owner) obligation: Before handing off an item, the lender must upload at least three (3) photographs documenting the item's current condition through the Platform. Payment will be authorized but the handoff cannot be completed without these photos.
• Borrower (renter) obligation: Before returning an item, the borrower must upload at least three (3) photographs documenting the item's condition at the time of return. The return cannot be confirmed without these photos.
• Photos should clearly show all sides of the item and any pre-existing wear, marks, or damage.
• Failure to upload condition photos weakens a party's position in any subsequent damage dispute.
• Condition photos are retained by BidDrop for dispute resolution purposes and may be reviewed by BidDrop staff.

8.4 Item Condition

• Renters must return items in the same condition as received, subject to reasonable wear and tear.
• Item owners should accurately describe the condition of items at the time of listing.
• In the event of a dispute regarding item condition, the mandatory pre-rental and return photographs serve as the primary evidence for resolution.

8.5 Damage Claims and Disputes

• After reviewing the borrower's return photos, the lender may file a damage claim through the Platform, specifying the damage observed and a claim amount up to the security deposit.
• The borrower will be notified and may accept the claim (deposit captured for the claimed amount) or dispute the claim.
• If disputed, BidDrop will review the pre-rental and return photographs and make a final, binding determination.
• BidDrop's determination will result in either: (a) full or partial capture of the security deposit in favor of the lender, or (b) release of the security deposit to the borrower.
• BidDrop's decision on damage disputes is final. By using the rental feature, both parties agree to accept BidDrop's determination as binding.
• Damage claims must be filed within 48 hours of the item's return.
• Liability is limited to the security deposit amount unless the parties agree otherwise.

8.6 Overdue Returns

• If a renter fails to return an item by the agreed-upon return date, the item owner may request that the security deposit be captured.
• Late fees may apply as specified in the rental listing terms.
• BidDrop reserves the right to suspend accounts of users who repeatedly fail to return rental items on time.

9. Trust Network and Contact Sync

9.1 Contact Sync Feature

BidDrop offers an optional contact sync feature that allows you to find friends who are already using the Platform. By using this feature, you understand and agree that:

• Your contacts' phone numbers are cryptographically hashed (SHA-256) on your device before being transmitted to our servers. Raw phone numbers are never sent to or stored on our servers.
• Hashed phone numbers are compared against registered users' hashed phone numbers to identify connections.
• Connection records are created between your account and matched users, enabling mutual connection badges on listings and requests.

9.2 Consent and Revocation

• You must provide explicit consent before BidDrop accesses your device contacts.
• You may revoke consent and delete all contact data at any time through Profile > Connections > Delete Contact Data.
• Revoking consent will permanently delete all stored contact hashes and connection records derived from your contacts.

9.3 Prohibited Uses

You agree not to:

• Use the contact sync feature to harvest, scrape, or collect information about non-users.
• Manipulate connection data or mutual connection counts.
• Use connection information for harassment, stalking, or any form of unwanted contact.
• Create multiple accounts to artificially inflate connection counts.

9.4 Mutual Connections

• When two users share a common connection, both users may see that they have mutual connections and the identity (name and profile photo) of those shared connections.
• By syncing your contacts, you consent to your name and profile photo being displayed as a mutual connection to other users.

9.5 Limitations

• BidDrop does not guarantee the accuracy, completeness, or trustworthiness of connection data. Mutual connections are informational only and do not constitute an endorsement or verification of any user.
• The presence or absence of mutual connections should not be the sole factor in your decision to transact with another user.

10. Delivery-Specific Terms

10.1 Independent Contractors

Users who fulfill delivery requests through the Platform act as independent contractors and are not employees, agents, or representatives of BidDrop. BidDrop does not direct, control, or supervise delivery providers' methods or routes.

10.2 No Guaranteed Delivery Times

BidDrop does not guarantee delivery times. Estimated delivery times provided on the Platform are approximations only. BidDrop is not liable for delays in delivery.

10.3 Delivery Liability

• The delivery provider assumes responsibility for items from the time of pickup to the time of delivery.
• BidDrop is not liable for items that are lost, damaged, or stolen during delivery.
• Disputes regarding delivery should be resolved between the transaction parties using the Platform's dispute resolution tools. BidDrop may assist in mediation but is not responsible for the outcome.

10.4 Delivery Safety

Delivery providers agree to comply with all applicable traffic laws and safety regulations. Delivery providers are solely responsible for ensuring they have appropriate insurance coverage for their delivery activities.

11. Cancellation and Refund Policy

11.1 Cancellation by Buyer/Requester

• Before Bid Acceptance: A Quick Need or listing may be cancelled at any time before a bid is accepted, at no cost.
• After Bid Acceptance, Before Fulfillment: Cancellation after bid acceptance but before the item is shipped, handed off, or the rental period begins may be subject to a cancellation fee at BidDrop's discretion.
• After Fulfillment Begins: Cancellation after the seller has shipped an item, the rental period has begun, or the delivery is in progress is generally not permitted. Refunds in such cases are handled through the dispute resolution process.

11.2 Cancellation by Seller/Provider

Sellers and service providers who cancel after accepting a bid may receive a warning, rating impact, or account suspension for repeated cancellations.

11.3 Refunds

• Refunds for qualifying cancellations are processed through Stripe to the original payment method.
• Refund processing times depend on Stripe and your financial institution, typically 5-10 business days.
• BidDrop service fees may or may not be refundable depending on the circumstances of the cancellation.

12. Ratings and Reviews

12.1 Review System

Users may leave ratings and written reviews after completing transactions. Ratings and reviews are intended to help the community make informed decisions.

12.2 Review Guidelines

Reviews must:

• Be based on genuine, firsthand transaction experience.
• Be honest, accurate, and fair.
• Not contain personal attacks, hate speech, discriminatory language, or threats.
• Not contain advertising, spam, or irrelevant content.
• Not be written in exchange for compensation or incentives.

12.3 Review Integrity

BidDrop reserves the right to remove reviews that violate these guidelines. We do not remove reviews simply because a user disagrees with the content, provided the review is honest and complies with these Terms. Manipulation of the review system, including soliciting or purchasing fake reviews, is a violation of these Terms and may result in account termination.

13. Intellectual Property

13.1 BidDrop Content

The Platform, including its design, logos, trademarks, text, graphics, software, and other content created by BidDrop (collectively, “BidDrop Content”), is the property of Bidrop LLC and is protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works based on BidDrop Content without our express written permission.

13.2 User Content

You retain ownership of content you create and post on the Platform (“User Content”), including listing descriptions, photographs, reviews, and messages. By posting User Content on the Platform, you grant BidDrop a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, display, and distribute your User Content in connection with operating and promoting the Platform.

You represent and warrant that you own or have the necessary rights to post your User Content, and that your User Content does not infringe the intellectual property rights or other rights of any third party.

13.3 Feedback

Any feedback, suggestions, or ideas you provide to BidDrop regarding the Platform may be used by us without any obligation to compensate you.

14. DMCA Notice Procedure

14.1 Copyright Infringement Claims

If you believe that content on the Platform infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) by providing the following information to our designated agent:

1. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf.
2. Identification of the copyrighted work claimed to have been infringed.
3. Identification of the material that is claimed to be infringing, with sufficient information for us to locate it on the Platform.
4. Your contact information, including your address, telephone number, and email address.
5. A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law.
6. 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.

Send DMCA notices to: copyright@biddrop.app

14.2 Counter-Notification

If you believe your content was removed in error, you may submit a counter-notification with: your signature, identification of the removed material, a statement under penalty of perjury that the removal was a mistake, and your consent to the jurisdiction of the federal court in your district. We will process counter-notifications in accordance with the DMCA.

15. Assumption of Risk

15.1 Platform Only

BIDDROP IS A PLATFORM THAT FACILITATES CONNECTIONS BETWEEN USERS. BIDDROP DOES NOT PARTICIPATE IN, CONTROL, OR GUARANTEE ANY TRANSACTION BETWEEN USERS. ALL PEER-TO-PEER TRANSACTIONS CONDUCTED THROUGH THE PLATFORM ARE AT YOUR OWN RISK.

15.2 Transaction Risk

YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE PLATFORM AND ANY TRANSACTIONS YOU ENTER INTO THROUGH THE PLATFORM ARE ENTIRELY AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR EVALUATING THE SUITABILITY, QUALITY, SAFETY, AND LEGALITY OF ANY ITEMS OR SERVICES OFFERED OR OBTAINED THROUGH THE PLATFORM, AND FOR ASSESSING THE TRUSTWORTHINESS OF ANY USER YOU TRANSACT WITH.

15.3 Third-Party Items and Services

BIDDROP IS NOT RESPONSIBLE FOR AND MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, SAFETY, LEGALITY, AUTHENTICITY, OR CONDITION OF ANY ITEMS OR SERVICES LISTED, OFFERED, SOLD, RENTED, LENT, OR DELIVERED THROUGH THE PLATFORM. BIDDROP DOES NOT INSPECT, VERIFY, AUTHENTICATE, OR TEST ANY ITEMS LISTED ON THE PLATFORM.

15.4 Delivery Risk

BIDDROP DOES NOT EMPLOY, SUPERVISE, DIRECT, OR CONTROL ANY USER WHO PROVIDES DELIVERY SERVICES THROUGH THE PLATFORM. DELIVERY PROVIDERS ARE INDEPENDENT THIRD PARTIES AND NOT AGENTS OR EMPLOYEES OF BIDDROP. BIDDROP IS NOT RESPONSIBLE FOR THE ACTS OR OMISSIONS OF DELIVERY PROVIDERS, INCLUDING BUT NOT LIMITED TO LOSS, THEFT, DAMAGE, DELAY, OR PERSONAL INJURY ARISING FROM DELIVERY ACTIVITIES.

15.5 No Insurance

BIDDROP DOES NOT PROVIDE INSURANCE OF ANY KIND FOR TRANSACTIONS, ITEMS, DELIVERIES, OR ANY OTHER ACTIVITIES CONDUCTED THROUGH THE PLATFORM. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING ANY INSURANCE COVERAGE YOU DEEM NECESSARY FOR YOUR ACTIVITIES ON THE PLATFORM, INCLUDING BUT NOT LIMITED TO PROPERTY INSURANCE, LIABILITY INSURANCE, AND PERSONAL INJURY INSURANCE.

15.6 In-Person Meetings

WHEN MEETING OTHER USERS IN PERSON TO COMPLETE TRANSACTIONS, YOU DO SO AT YOUR OWN RISK. BIDDROP STRONGLY RECOMMENDS MEETING IN PUBLIC, WELL-LIT LOCATIONS AND INFORMING SOMEONE OF YOUR PLANS. BIDDROP IS NOT RESPONSIBLE FOR ANY HARM, INJURY, OR LOSS THAT OCCURS DURING IN-PERSON MEETINGS.

16. Disclaimers

16.1 “As Is” and “As Available”

THE PLATFORM IS 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, BIDROP LLC DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BIDROP LLC DOES NOT WARRANT THAT THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, THAT ACCESS TO THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.

16.2 No Guarantee

BIDDROP DOES NOT WARRANT THAT:

• THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.
• THE RESULTS OBTAINED FROM USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE.
• ANY ITEMS OR SERVICES OBTAINED THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS.
• ANY ERRORS IN THE PLATFORM WILL BE CORRECTED.

16.3 Third-Party Content

BIDDROP IS NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS, OR QUALITY OF ANY CONTENT POSTED BY USERS OR THIRD PARTIES. BIDDROP DOES NOT VERIFY THE IDENTITY, BACKGROUND, OR CLAIMS OF ITS USERS BEYOND PHONE NUMBER VERIFICATION.

16.4 Third-Party Services

THE PLATFORM RELIES ON THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO STRIPE (PAYMENT PROCESSING), TWILIO (SMS VERIFICATION), SUPABASE (BACKEND INFRASTRUCTURE), AND APPLE/GOOGLE (APP DISTRIBUTION). BIDDROP IS NOT RESPONSIBLE FOR THE AVAILABILITY, RELIABILITY, OR PERFORMANCE OF THIRD-PARTY SERVICES, AND DISCLAIMS ALL LIABILITY ARISING FROM THIRD-PARTY SERVICE FAILURES, OUTAGES, OR ERRORS.

17. Limitation of Liability

17.1 No Consequential Damages

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BIDROP LLC, ITS MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUBSIDIARIES, OR SUCCESSORS (COLLECTIVELY, THE “BIDDROP PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE PLATFORM, ANY TRANSACTION OR INTERACTION WITH ANOTHER USER, ANY CONTENT OR ITEMS OBTAINED THROUGH THE PLATFORM, OR ANY OTHER MATTER RELATING TO THE PLATFORM, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, WARRANTY, NEGLIGENCE, OR OTHERWISE), AND EVEN IF ANY BIDDROP PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

17.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE BIDDROP PARTIES' TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, YOUR USE OF THE PLATFORM, OR ANY TRANSACTION CONDUCTED THROUGH THE PLATFORM SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT OF BIDDROP SERVICE FEES ACTUALLY PAID BY YOU TO BIDDROP IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00). THIS LIMITATION APPLIES TO ALL CLAIMS IN THE AGGREGATE, NOT PER INCIDENT.

17.3 Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET FORTH IN THIS SECTION REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND BIDDROP, AND THAT THESE LIMITATIONS AND EXCLUSIONS ARE AN ESSENTIAL AND FUNDAMENTAL PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND BIDDROP. THE PLATFORM WOULD NOT BE PROVIDED TO YOU WITHOUT THESE LIMITATIONS AND EXCLUSIONS. YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY IN THESE TERMS WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

17.4 Applicability

THE LIMITATIONS IN THIS SECTION APPLY TO ALL DAMAGES OR LIABILITY, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF THE BIDDROP PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE.

17.5 Jurisdictional Limitations

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, BIDDROP'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

18. Indemnification

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS BIDROP LLC, ITS MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, AFFILIATES, SUBSIDIARIES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, ACTIONS, SUITS, PROCEEDINGS, DAMAGES, LOSSES, LIABILITIES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES, EXPERT WITNESS FEES, AND COURT COSTS) ARISING OUT OF OR RELATED TO:

• Your use of or access to the Platform.
• Your violation of these Terms or any applicable law or regulation.
• Your User Content, including any claim that your User Content infringes or violates the intellectual property, privacy, or other rights of a third party.
• Any transaction you enter into through the Platform, including any claims by other users or third parties related to such transaction.
• Your violation of the rights of any third party, including other users.
• Any dispute between you and another user of the Platform.
• Your negligent or willful misconduct.
• Any misrepresentation made by you, including but not limited to misrepresentation of age, identity, or student status.

You agree to cooperate fully with the Indemnified Parties in the defense of any claim. The Indemnified Parties reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you agree not to settle any such matter without the prior written consent of Bidrop LLC. Your indemnification obligations shall survive the termination of your account and these Terms.

19. Dispute Resolution

19.1 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact us at legal@biddrop.app and attempt to resolve the dispute informally for at least thirty (30) days. Your notice must include your name, account phone number, a description of the nature and basis of the claim, and the specific relief sought. Most disputes can be resolved through good-faith negotiation.

19.2 Binding Arbitration

IF THE PARTIES CANNOT RESOLVE A DISPUTE INFORMALLY WITHIN THE 30-DAY PERIOD, YOU AND BIDDROP AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS, YOUR USE OF THE PLATFORM, OR ANY TRANSACTION CONDUCTED THROUGH THE PLATFORM (COLLECTIVELY, “DISPUTES”) SHALL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING INDIVIDUAL ARBITRATIONadministered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by this Section.

The arbitration shall be conducted by a single arbitrator with experience in consumer technology disputes. The arbitration may be conducted in person, by telephone, by videoconference, or based on written submissions, as determined by the arbitrator. Any in-person hearing shall take place in Wilmington, Delaware, or at another mutually agreed-upon location.

The arbitrator shall have exclusive authority to resolve all Disputes, including whether a particular claim is subject to arbitration, the scope, applicability, and enforceability of this arbitration provision, and any defense relating to the enforceability of these Terms. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

Payment of AAA filing fees and arbitrator fees shall be governed by the AAA Consumer Arbitration Rules. If the arbitrator finds that your claim is frivolous or brought for an improper purpose, you agree to reimburse BidDrop for its share of the arbitration fees.

19.3 Class Action Waiver

YOU AND BIDDROP AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, CLASS MEMBER, OR PARTICIPANT IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, MULTI-PLAINTIFF, OR REPRESENTATIVE ACTION OR PROCEEDING.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 PROVISION SHALL BE NULL AND VOID, AND THE DISPUTE SHALL PROCEED IN COURT.

19.4 Exceptions

Notwithstanding the foregoing:

• Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights, data security, or confidentiality obligations.
• Claims that qualify for small claims court in the jurisdiction where you reside may be brought in such court by either party. If the claim is transferred, removed, or appealed to a court of general jurisdiction, the arbitration agreement shall apply.

19.5 Opt-Out

YOU MAY OPT OUT OF THIS ARBITRATION PROVISION AND THE CLASS ACTION WAIVER BY SENDING A WRITTEN NOTICE TO legal@biddrop.app WITHIN THIRTY (30) DAYS OF THE DATE YOU FIRST CREATE YOUR ACCOUNT ON THE PLATFORM. Your notice must include: (a) your full legal name, (b) the phone number associated with your BidDrop account, (c) your mailing address, and (d) a clear, signed statement that you wish to opt out of the arbitration provision and class action waiver in the BidDrop Terms of Service. If you opt out, all other provisions of these Terms will continue to apply. Opting out of the arbitration provision will not affect any prior or subsequent arbitration agreements you may have with BidDrop based on terms in effect before or after the opt-out. The opt-out right is personal to you and cannot be exercised by anyone on your behalf.

19.6 Survival

This arbitration provision and class action waiver shall survive termination of your account and these Terms.

20. Force Majeure

BIDROP LLC SHALL NOT BE LIABLE FOR ANY FAILURE, DELAY, OR INTERRUPTION IN THE PERFORMANCE OF ITS OBLIGATIONS UNDER THESE TERMS, OR FOR ANY LOSS OR DAMAGE THAT YOU MAY INCUR, DUE TO ANY CIRCUMSTANCE OR EVENT BEYOND ITS REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO: ACTS OF GOD, NATURAL DISASTERS, EARTHQUAKES, FLOODS, HURRICANES, FIRES, EPIDEMICS, PANDEMICS, PUBLIC HEALTH EMERGENCIES, WAR, TERRORISM, CIVIL UNREST, RIOTS, EMBARGOES, SANCTIONS, ACTS OF GOVERNMENT OR REGULATORY AUTHORITIES, CHANGES IN LAW OR REGULATION, LABOR DISPUTES, STRIKES, INTERNET OR TELECOMMUNICATIONS FAILURES, POWER OUTAGES, CYBERATTACKS, FAILURES OF THIRD-PARTY SERVICE PROVIDERS (INCLUDING BUT NOT LIMITED TO STRIPE, TWILIO, SUPABASE, APPLE, AND GOOGLE), OR ANY OTHER EVENT BEYOND BIDDROP'S REASONABLE CONTROL.

21. Termination

21.1 Termination by BidDrop

We may suspend or terminate your account and access to the Platform at any time, with or without notice, for any reason, including but not limited to:

• Violation of these Terms or any applicable law.
• Fraudulent, abusive, or illegal activity.
• Extended inactivity.
• Failure to respond to account verification requests.
• Conduct that we determine, in our sole discretion, is harmful to other users, third parties, or the business interests of BidDrop.

21.2 Termination by User

You may terminate your account at any time by using the account deletion feature in the app or by contacting us at support@biddrop.app. Account deletion is subject to the completion of any open transactions, outstanding payments, or pending disputes.

21.3 Effect of Termination

Upon termination:

• Your right to access and use the Platform will immediately cease.
• Any pending transactions may be cancelled.
• All Credits associated with your account are immediately and permanently forfeited (see Section 7.6).
• Sections of these Terms that by their nature should survive termination will survive, including but not limited to: Assumption of Risk, Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, Force Majeure, and Governing Law.
• Deletion of your personal data will be handled in accordance with our Privacy Policy.

22. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict-of-law principles. Subject to the arbitration provisions in Section 19, any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in New Castle County, Delaware, and you consent to the personal jurisdiction and venue of such courts.

23. General Provisions

23.1 Entire Agreement

These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and BidDrop regarding your use of the Platform and supersede all prior agreements, understandings, and communications, whether written or oral.

23.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction or arbitrator, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent. If the provision cannot be so modified, it shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.

23.3 Waiver

The failure of BidDrop to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by an authorized representative of Bidrop LLC. No waiver of any term shall be deemed a further or continuing waiver of such term or any other term.

23.4 Assignment

You may not assign or transfer these Terms or your rights or obligations hereunder without BidDrop's prior written consent. BidDrop may assign these Terms without restriction, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

23.5 Notices

We may provide notices to you through the Platform, via push notification, via SMS to the phone number associated with your account, or by email to the address associated with your account. Notices to BidDrop should be sent to legal@biddrop.app. Notice is deemed given when sent via email, SMS, or push notification, or when posted on the Platform.

23.6 Headings

The section headings in these Terms are for convenience only and have no legal or contractual effect.

23.7 Electronic Agreement

By using the Platform, you consent to receive these Terms and all related documents, notices, and communications in electronic form. You agree that all terms, conditions, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

24. University Policy Disclaimer

BidDrop is not affiliated with, endorsed by, or sponsored by any college or university. Users are solely responsible for ensuring that their activities on the Platform comply with their institution's policies, rules, and codes of conduct, including but not limited to:

• Residence hall policies regarding sales and commercial activity.
• Campus solicitation and posting policies.
• Student conduct codes.
• Parking and delivery access rules.

BidDrop is not liable for any disciplinary action, penalty, or consequence imposed by a university or college as a result of a user's activities on the Platform.

25. Tax Obligations

25.1 User Responsibility

Users are solely responsible for determining and fulfilling their tax obligations arising from transactions conducted through the Platform. This includes, but is not limited to, income tax, sales tax, use tax, and any other taxes that may apply.

25.2 Tax Reporting

Stripe may issue IRS Form 1099-K to users who meet the applicable reporting thresholds under federal or state law. BidDrop does not provide tax advice. You should consult a qualified tax professional regarding your tax obligations.

25.3 No Tax Advice

Nothing in these Terms or on the Platform constitutes tax advice. BidDrop is not responsible for any tax liability arising from your use of the Platform.

26. Contact Us

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