Terms of Service

These Terms of Service (“Terms”) are a contract between you and ON JELLY LLC, a Florida limited liability company doing business as Jelly (“Jelly”, “we”, “us”, “our”). They govern your use of the Jelly iPhone app, the website at onjelly.com and its subdomains, and everything we offer through them (together, the “Services”).

PLEASE READ SECTION 28. IT REQUIRES YOU AND JELLY TO RESOLVE MOST DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION INSTEAD OF IN COURT, AND IT WAIVES YOUR RIGHT TO A JURY TRIAL AND TO TAKE PART IN A CLASS ACTION. YOU CAN OPT OUT WITHIN 30 DAYS OF ACCEPTING THESE TERMS. SECTION 28.10 EXPLAINS HOW.

1. About these Terms

1.1 Accepting them

You accept these Terms when you create an account and confirm that you agree to them: by ticking a box, or by tapping a button next to a statement that doing so means you agree. You also accept an updated version when you agree to it in the app or on the website (Section 30). We record which version you accepted and when.

If you browse onjelly.com without an account, these Terms apply to that use, but Section 28 applies only once you have accepted these Terms in one of the ways above.

If you do not agree to these Terms, do not use the Services.

1.2 What else forms part of the agreement

• The Community Guidelines are part of these Terms.
• The terms shown on a Listing (its price and rental period, its fit policy, whether late fees apply, its minimum and maximum rental length, and how it can travel) and the terms shown at checkout, including the agreement you give there (Section 13.1), are part of the agreement for that Transaction.
• The Privacy Policy explains how we handle personal information. It is not part of this contract, but please read it.
• The help centre explains how things work in more detail. If the help centre and these Terms differ, these Terms control.

1.3 Words we use

• Member: anyone with a Jelly account.
• Lender: a Member who lists an Item for rent, for sale, or both. A Lender who sells is also called the seller.
• Renter: a Member who books an Item for a rental period.
• Buyer: a Member who buys an Item outright.
• Item: a garment or accessory listed on Jelly.
• Listing: the page for an Item: its photographs, description and terms.
• Closet: a Lender’s Listings and closet settings.
• Transaction: a rental or a purchase between two Members made through the Services.
• Order: the record of a Transaction in the Services.
• Leg: one journey of an Item: out to the Renter or Buyer, or back to the Lender.
• Replacement value: the amount the Lender declares on a Listing as what it would cost to replace the Item. It is shown on the Listing before anyone books.
• Condition capture: a short video or photo of an Item, taken in the app at a handover (Section 11).
• Earnings: money a Lender has earned from Transactions, after Jelly’s commission.
• Credits: Jelly account credit (Section 18).
• Content: anything a Member uploads or posts: photos, videos, Listing text, reviews, messages, Looks, Requests and profile details.

2. Where Jelly operates

Jelly operates in the United States. Items are delivered only to addresses in the 50 states and the District of Columbia. An Item travels in one of three ways, and only in the ways its Lender allows:

• Courier: same-day delivery inside New York City, where both addresses are inside the courier area and within about 15 miles of each other;
• Handoff: the two Members meet in person, where they are within about 15 miles of each other;
• Shipping: by a parcel carrier to or from anywhere in the 50 states and the District of Columbia.

We show you the Items that one of these methods can bring to the address you give us, and we tell you why when a method is not available. Distances are approximate: whether a courier will take a particular Leg is decided by the quote at checkout.

3. Eligibility and your account

3.1 Who can use Jelly

To create an account you must:

• be at least 18 years old (we ask for your date of birth);
• be able to enter into a binding contract;
• have a US mobile number that can receive text messages;
• not be barred from using the Services under US law or any US sanctions list; and
• not have had a Jelly account closed by us for breaking these Terms, unless we have agreed in writing that you may return.

Jelly is for adults. Do not use the Services on behalf of anyone under 18, and do not give us personal information about a child under 13.

3.2 One person, one account

• One account per person. A verified mobile number belongs to one account. Do not open a second account, open an account for someone else, or share, sell or transfer your account.
• Give us accurate information and keep it current: your name, date of birth, email, mobile number and addresses.

3.3 Keeping your account secure

You are responsible for what happens under your account. Keep your phone, your email account and any other way you sign in to Jelly secure. Tell us at info@onjelly.com straight away if you think someone else has access to your account.

3.4 What other Members see

• Other Members see your first name, handle, profile photo, bio, closet, reviews, ratings and profile labels, and anything else you choose to make public.
• Other Members never see your full name, email address or phone number.
• Other Members do not see your street address, with one exception: on a shipped Order, the label shows the recipient’s first name, last initial and address to the Member who prints it, and the parcel’s return address shows the sender’s first name, last initial and address to the Member who receives it (Section 10.10).

4. What Jelly is, and what it is not

4.1 Jelly is a marketplace

Members list their own clothes and accessories; other Members rent or buy them. Jelly provides the Services, takes payment, books couriers and buys shipping labels, runs the support desk, and mediates when something goes wrong.

4.2 Jelly is not a party to your Transaction

A rental or sale is an agreement between the two Members. Jelly does not own, make, store, clean, inspect or authenticate the Items listed on the Services. We may review a Listing before or after it goes live, but that is a review of the Listing, not an inspection of the Item. Listings are written by Lenders, and we do not guarantee that they are accurate or that an Item will fit.

4.3 Jelly takes payment for the Lender

Each Lender appoints Jelly as her limited agent to collect payment from Renters and Buyers. When you pay Jelly for a Transaction, your obligation to the Lender for that amount is satisfied, and Jelly is responsible for paying the Lender the Earnings these Terms say she is due. Jelly is not otherwise the Lender’s agent, and it does not act for the Renter or Buyer.

4.4 Jelly mediates; it is not an insurer

When an Item comes back damaged, does not come back, or is not what the Listing said, Jelly reviews the record, decides who is responsible, and charges them (Section 15). Jelly is not an insurer and does not sell insurance or cover of any kind. Jelly pays a Member only what these Terms or a mediation decision say it will pay.

4.5 Changes to the Services

We add features, change them, and remove them, and we may stop providing the Services or any part of them. If we stop providing a feature you pay for or rely on to receive money, we will give you reasonable notice where we can. A Transaction already under way stays governed by these Terms: money owed either way is still owed, refunds these Terms promise are still paid, and an Item already out still has to come back.

5. Identity verification

Every Member verifies her identity once. A Renter or Buyer completes an identity check before she books (a rental or a purchase, whatever the Item is worth), and a Lender completes it before her first Item goes live. You can sign up, browse, save Items, send messages and use Mona without it, and you can do it when you sign up or later.

• The check is run by our verification provider, Stripe, through its Stripe Identity service. You photograph a government-issued photo ID and take a selfie, and Stripe compares the two. The selfie comparison uses biometric information. By starting a check, you consent to Stripe collecting and processing your ID and images for this purpose and to Stripe telling us the result.
• Jelly does not receive or store your ID document or your images. We receive the outcome and a reference. The Privacy Policy explains more.
• Once you are verified, you are not asked again. We may refuse or reverse a verification if we have reason to believe it was not genuine.
• A booking cannot go ahead until the Renter or Buyer has verified, and that includes an offer: you verify before you make one. An Item a Lender lists before she has verified waits in review until she has. An Item already live is not taken down, and an Order already booked is not affected.
• Lenders are also verified by Stripe when they set up the account their Earnings are paid to (Section 17.1). That check does not take the place of the identity check in this section.

6. Electronic records, notices and texts

6.1 Your consent to electronic records

Jelly operates only electronically. By accepting these Terms you agree that we may give you these Terms, receipts, notices, disclosures and other communications electronically (in the app, by email, by push notification, by text message, or by posting them on the Services) and that they satisfy any legal requirement that they be in writing. You also agree to sign and accept agreements electronically.

• What you need: a device that runs the current Jelly app or a current web browser, an email address, and a mobile number that can receive texts.
• Paper copies: write to info@onjelly.com and we will send a paper copy of these Terms or a receipt at no charge.
• Withdrawing consent: because the Services work only electronically, you withdraw this consent by closing your account (Section 24.1).
• Keep your email address and mobile number current so our messages reach you.

6.2 Notifications

We send notifications about your account, your money and your Orders by push, email or both. You can choose which optional notifications you get in your settings; we still send the ones you need in order to use the Services safely: sign-in codes, receipts, charges, payouts and changes to your Orders.

6.3 Text messages

Program: Jelly account alerts, sent by ON JELLY LLC.

• What we text: codes to verify your number and sign in; alerts to Lenders about offers waiting for an answer; and other messages about your account and your Orders. We do not send marketing texts.
• How often: message frequency varies with your activity.
• Cost: message and data rates may apply.
• Stopping: reply STOP to any message to stop receiving texts. If you stop texts, we may not be able to send you sign-in codes or offer alerts, and you may need to write to us to get back into your account.
• Help: reply HELP, or write to info@onjelly.com.
• Consent: a one-time code to verify your number is part of creating an account. Agreeing to offer alerts and other optional texts is not a condition of any purchase.
• Mobile carriers are not liable for delayed or undelivered messages.
• We do not share your mobile number or your text-message consent with anyone for their marketing.

7. Booking and paying

7.1 Instant book

Rentals and purchases on Jelly are instant. By publishing a Listing, a Lender offers to rent or sell the Item to any eligible Member on the Listing’s terms, and a booking or purchase made through the Services accepts that offer. It is confirmed straight away. A Lender’s approval is needed only where these Terms say so: for days beyond a Listing’s rental period (Section 7.2), for an offer that does not meet her private minimum (Section 8), and for an extension (Section 14.4).

7.2 A price for a period

A rental is priced for a period, not per night: for example, “$280 for up to 7 days”. The Lender sets the price and the period. Days beyond the period need the Lender’s agreement: you send the dates to her as an offer at the price shown (Section 8), priced at the Listing’s price divided by its period for each extra day, and the booking is made only if she accepts. A Listing may also set a minimum and maximum rental length.

7.3 What you see before you pay

Every part of the total is named and shown before any charge: the rental or sale price, each delivery Leg, any Transit coverage (Section 10.11), any tax (Section 7.6), any promotion applied, and any Credits you chose to use. Jelly charges Renters and Buyers no booking or service fee on top of the prices shown.

7.4 When you are charged

You are charged when you book or buy, before the Item moves, or, if you sent an offer, when the offer is accepted (Section 8). Payments are processed by our payment processor, Stripe. Your card details are held by Stripe, not by Jelly. If your card is declined, nothing is booked.

7.5 Currency

All amounts are in US dollars.

7.6 Taxes

Where the law requires Jelly, as a marketplace facilitator or otherwise, to collect sales or use tax on a Transaction, we collect it at checkout, show it as its own line, and pay it to the tax authority. Any other tax on a Transaction is the responsibility of the Member the law places it on. Lenders are responsible for tax on their Earnings (Section 17.7).

7.7 Credits at checkout

You choose whether to pay with your Credits: at checkout, or on an offer or an extension when you send it. Nothing is applied until you choose it, and your card pays whatever your Credits do not cover. Amounts you owe after a booking are different. See Section 13.3.

7.8 Refunds

A refund goes back the way it was paid: Credits you spent come back as Credits first, and the rest goes to your card. Credits reach your account straight away. How long a card refund takes to appear depends on your bank or card provider: often 5 to 10 business days.

7.9 Disputing a charge with your bank

If you think a charge is wrong, please tell us first so we can look at it. If you dispute a charge with your bank or card provider, we may give the payment networks the record of the Transaction, including the agreement you gave at checkout (Section 13.1) and the Condition captures. While a dispute is open, any related Earnings not yet available to the Lender are held (Section 17.4).

8. Offers

A Lender can turn offers on for a Listing. When they are on:

• on a rental, you may offer a total below the price shown for your dates; and
• on a purchase, you may offer a total for the Item, but only where the Listing shows a sale price.

Days beyond a Listing’s period are always asked for as an offer, on any Listing, at the price shown (Section 7.2), or below it, where offers are on.

An offer is always a total for the whole rental or the whole sale.

• The Lender decides. She may accept or decline any offer, and she does not have to give a reason.
• A Lender may set a private minimum. Jelly never tells you what it is. An offer on a rental within its period, or on a purchase, at or above her minimum is accepted automatically and booked straight away. An offer for days beyond the period always needs her answer. Jelly sets no minimum of its own.
• An offer expires. The Lender sets how long she has to answer; the default is 24 hours. An offer also expires at the rental start date, whichever comes first. Both of you are told when it expires.
• An open offer does not reserve the dates. Another Member may book them in the meantime, and the offer then cannot be accepted.
• Your card is not charged until the offer is accepted. By sending an offer you authorize us to charge your saved card, when it is accepted, the offered total plus the delivery and any other lines shown when you sent it, less any Credits you chose to use.

9. Cancellations

9.1 A Renter cancels a rental

Each Item’s cancellation terms are its Lender’s. She sets them for the Item or for her whole Closet, and where she has set none, Jelly’s default terms apply. They are shown on the Listing and at checkout, and the terms shown when you book are the ones that apply to your booking. Your Order keeps them, so a Lender who changes her terms later does not change a booking already made.

Two rules apply whatever the Lender’s terms say:

• Within 2 hours of booking, you may cancel for a full refund.
• Once the courier has been dispatched, or once the handoff is under way, the rental cannot be cancelled, not even within those 2 hours. A shipped rental cannot be cancelled once the carrier has first scanned the parcel. A label that has been made but not scanned is cancelled with the Order.

Within those limits, the Lender’s terms decide:

• whether, and until when, a full refund is available: up to a set number of days before the rental start date or, on a shipped rental, before the ship-by date shown on the Order; and
• what comes back after that: a share of the rental price, or nothing.

Days are counted as calendar days, New York time. Where a full refund is available up to 2 days before a Monday start date, for example, you may cancel for a full refund until the end of the Saturday before.

• A full refund returns everything you paid, delivery included.
• A partial refund is a share of the rental price alone. Delivery charges and Transit coverage are not refunded.
• What comes back is itemised on the Order.

9.2 A Lender cancels a rental

• The Renter is refunded in full, delivery included, whenever a Lender cancels.
• Within 2 hours of the booking, the Lender pays nothing.
• After that, the Lender pays a $20 cancellation fee, which is taken from her Earnings or balance and given to the Renter as Credits.
• No fee is charged where the cancellation is caused by a previous Renter returning the Item late. Ask us to cancel it for you, and we will do it without the fee.
• A seller who cancels a purchase refunds the Buyer in full and pays no fee.

9.3 Both of you agree to cancel

If the Renter and the Lender both ask to cancel before the courier is dispatched or the carrier has scanned the parcel, the Renter is refunded in full. Ask on the Order or write to info@onjelly.com; the Order’s messages are the record of the agreement.

9.4 Jelly cancels

We may cancel a Transaction where we reasonably believe it breaks these Terms or the law, is fraudulent, or cannot lawfully be delivered, or where the Listing has been taken down. When Jelly cancels a Transaction, the Renter or Buyer is refunded in full.

9.5 A purchase

A Buyer may cancel a purchase for a full refund until the courier has been dispatched or, on a shipped purchase, until the carrier first scans the parcel. After that it cannot be cancelled.

10. Delivery

10.1 How an Item travels

The Lender chooses which methods each Item allows. The Renter or Buyer chooses among them at checkout. Each Leg is chosen and priced separately.

10.2 Courier

• Jelly books the courier through third-party delivery companies and is the sender and recipient of record on every courier Leg. Neither Member sees the other’s address; Jelly passes addresses only to the courier.
• The price of a Leg is the courier company’s own quote, passed to you with nothing added. It depends on where the Item is coming from and going to, so before you give us an address we show a “from” price, and the exact price is quoted at checkout before you pay.
• A rental booked for courier both ways carries two delivery lines. You may choose your return method later where the app allows it.
• Courier Legs carry no Transit coverage (Section 10.11).

10.3 Handoff

• A handoff is free. The two Members agree a time and place and pass the Item over themselves.
• Jelly takes no part in a handoff, arranges nothing about it, and keeps no record of where it happened. A handoff reveals no address unless you choose to meet at one.
• Meet somewhere public, and use your own judgment. You are responsible for your own conduct and safety at a handoff, and Jelly is not responsible for what another Member does there, except where the law does not allow us to limit that responsibility.

10.4 Shipping: prices and dates

• The Renter chooses a delivery speed at checkout and pays for the outbound Leg at that speed and for the return Leg at the carrier’s ground rate. Both are the carrier’s own prices, shown as separate lines before you pay, with nothing added. A Buyer pays for one Leg.
• A speed that cannot arrive by your start date is not offered. If none can, shipping is not offered.
• Your rental start date is the day the Item is due to reach you. Time in transit is not part of your rental period.
• We do not ship an Item with a Replacement value over $10,000.
• Each carrier’s own terms and conditions of service apply to its shipments, including its rules on what may be shipped and how it must be packed, and its limits on its own liability.

10.5 Shipping: the Lender’s Leg

• The Lender must hand the parcel to the carrier by the ship-by date shown on the Order. The label can be made up to 7 days before that date.
• Before making the label, the Lender may choose a faster speed to give herself more time. The difference is deducted from her Earnings on that rental, and the Renter pays nothing more.
• An Item that arrives too late to be worn because it was sent after the ship-by date is refunded to the Renter, and the Lender is not paid for that rental (Section 12.3).

10.6 Shipping: the return

• The Renter books the return by making the prepaid return label in the app on or before the rental end date, and must hand the parcel to the carrier by the next business day after the end date.
• Reuse the packaging the Item came in, and send it with the carrier named on the label. If that packaging is lost or damaged, use packaging no bigger than the parcel size on the label (Section 10.7).

10.7 Parcel size and carrier adjustments

• A shipped Item is labelled for the parcel size on its Listing. Each parcel size is a maximum (a size and a weight), and the parcel must be within it, whatever packaging you use.
• Whoever ships a Leg confirms in the app, before the label is made, that the parcel will be within that size. A label is not made without this confirmation.
• A carrier adjustment is paid in full by the Member who shipped that Leg. A carrier adjustment is an amount the carrier charges after a label is made, most often because it measured or weighed the parcel as larger or heavier than its label. We show you what the carrier charged and the reason it gave. Jelly may waive an adjustment.
• For a Lender, it comes out of her Earnings on that Transaction. If those Earnings are already in her Jelly balance, it is taken back from her balance, which can go below zero, and anything more is set against her future Earnings (Section 17.5).
• For a Renter, it is taken from her Credits first and then charged to her saved payment method (Section 13).
• One exception. If the carrier charged more for the Lender’s outbound parcel because it was larger or heavier, and the Renter sends the Item back in the packaging it came in, an adjustment for the return parcel being larger or heavier is paid by the Lender.
• If you think the carrier got it wrong, ask Jelly from the Order and we will take it up with the carrier. The adjustment stands while the carrier considers it, and is refunded only if the carrier reverses it, to wherever it was paid from. Jelly is not responsible for the carrier’s decision.
• A Lender may choose a bigger parcel size before making the label. Because the Renter paid for the size on the Listing, the difference for both Legs is deducted from the Lender’s Earnings. The return goes back at the same size.
• Shipping pause. If a Member is charged an adjustment for a larger or heavier parcel three times in twelve months, shipping is paused on her account: her Items stop offering shipping and she cannot book a shipped Order. Orders already booked still ship. Adjustments that were waived, or that were not about the parcel’s size or weight, do not count. A person at Jelly reviews every pause and can lift it.

10.8 Speeds at label time

When a label is made, each speed is checked against the day the Item is needed: the Renter’s start date on the way out; on the way back, the day the Lender was told to expect it, or earlier if the Item is booked again. Only speeds that arrive in time are offered, including the speed already paid for. If none arrive in time, only the fastest is offered.

• If the shipper is late (past the ship-by date, or past the return drop-off date) and a faster speed is needed, the difference is paid by that Member: from the Lender’s Earnings, or charged to the Renter’s saved payment method (Section 13).
• If the shipper is on time and the carrier has slowed down, Jelly pays the difference.

10.9 Carrier pickups

After a label is made, the Member shipping the Leg may book the carrier to collect the parcel from her door on a business day before her deadline.

• A USPS pickup is free.
• A UPS pickup has a fee, shown before you book it, paid by the Member shipping the Leg: deducted from the Lender’s Earnings, or charged to the Renter’s saved payment method (Section 13). If UPS bills a different amount for the pickup, the difference is handled like a carrier adjustment (Section 10.7). Cancelling the pickup before the day reverses the fee.
• Your phone number is given to the carrier for the driver, and to the shipping platform that books the pickup for us, never to the other Member.

10.10 Labels, names and addresses

• A shipping label shows the recipient’s first name, last initial and address, and names “Jelly Shop” (a name Jelly uses) as the sender, with the sender’s first name, last initial and address as the return address. No Member’s phone number or email is printed on a label.
• A label is available only to the Member who ships that Leg (the Lender for the outbound Leg, the Renter for the return) and to Jelly’s support team.
• An Item ships only to an address the US Postal Service has confirmed, and a Lender ships only from one. We check an address when you save it and offer the Postal Service’s own version of it. An address it cannot confirm can still be used for a courier or a handoff.
• By choosing or allowing shipping, you agree that the other Member will see your first name, last initial and address on the parcel: on the label she prints, or as the return address on the parcel she receives. We tell the Renter this at checkout before a shipped Order is booked, and the Lender when she allows shipping.

10.11 Transit coverage

“Transit coverage” means declared-value coverage from the carrier, or parcel insurance from a third party, that Jelly buys on its own account for a shipped Leg. It is not insurance sold to you, and you are not the insured.

• A shipped Item with a Replacement value of $1,000 or more travels with Transit coverage on both Legs, unless its Lender has waived Transit coverage for her closet, in which case the Lender bears the risk of loss or damage while the carrier has the Item. A Lender may also choose Transit coverage for an Item below $1,000.
• Its cost is passed through at cost, as its own line on the Renter’s or Buyer’s total. Jelly adds nothing to it.
• Jelly handles any claim under Transit coverage. Anything recovered is applied through mediation (Section 15) to put right the loss it relates to. The carrier’s or insurer’s terms, limits and exclusions apply, and no particular outcome or amount is guaranteed.
• Transit coverage does not change how damage and loss are decided (Section 15).
• Courier Legs and handoffs carry no Transit coverage.

10.12 While the Item is with you

From the moment an Item is delivered to you until you hand it back (to the courier, to the carrier, or to the Lender at a handoff), you are responsible for it, whoever else is holding it. Loss or damage while a courier or carrier has the Item is decided through mediation (Section 15), using the tracking and both Members’ Condition captures.

10.13 Keep delivery on Jelly

Ship only with the label made in the app, and book couriers only through the app. If you arrange delivery off Jelly, Jelly does not mediate and does not collect on your behalf for that Leg.

11. Condition captures

Every rental carries a record of the Item at each handover, taken live in the app on the camera, never from a camera roll, after the booking has been paid for. A capture made before that is not accepted. A video is the rule; a photo is accepted where a video cannot be taken.

• The Lender films the Item before it goes out. A courier cannot be booked for the outbound Leg until she has.
• The Renter films the Item within 12 hours of it arriving. If you do not, you cannot report an issue, claim a fit refund, or bring a claim on that rental (except that an Item that arrives too late to wear can still be reported under Section 12.3). You are reminded before this deadline passes.
• The Renter films the Item again before it goes back. The return courier cannot be booked until she has.
• The Lender may add her own record of the Item as it came back, within the window in Section 15.4.
• A capture is never public. Both Members on the Order and Jelly can view it. We may use Condition captures, messages and Order records as evidence to resolve disputes, including with payment networks.
• Where a capture genuinely could not be made, Jelly may accept another record instead, and records that it did.
• The parcel photo. On a shipped Leg, the Member shipping it may also photograph the packed, labelled parcel, live on the camera, before the carrier collects it. Because the label shows both Members’ names and addresses, it is seen only by that Member and Jelly. It is evidence if the carrier makes an adjustment (Section 10.7). It is optional and is not a Condition capture.

How long captures are kept is set out in the Privacy Policy.

12. Refunds for fit, for an Item not as described, and for late arrival

12.1 Fit refunds

A fit refund is a refund on a rented Item that arrived as described but did not fit.

• The Lender sets the fit policy, per Listing: the percentage back (or none, or case by case on request) and the number of hours you have to report. Both are shown on the Listing before you book.
• The default is “no fit refunds.”
• Jelly funds no fit refunds. A fit refund is always the Lender’s. Where one is granted, the Lender receives no payout on that rental.
• A fit refund is the Lender’s percentage of the rental price, paid in Credits, never to your card. The Credits are issued once the Item is back with the Lender.
• To claim one you must, inside the Listing’s window, report it on the Order and book the return, which goes back the same day. No photos are needed. The window runs from delivery.
• Where a Listing offers a fit refund but names no window, the window is 12 hours from delivery, and the return must be booked the same day.
• Delivery charges are never refunded on a fit refund: the outbound Leg or the return. Both are the Renter’s, and none is charged to the Lender.
• Fit refunds apply to rentals only. A change of mind is not a fit refund.

12.2 Not as described

An Item is not as described if it arrives materially different from its Listing: for example a different Item, colour or labelled size; damage, an alteration or a missing part the Listing did not mention; dirty, or with a strong smell; or not authentic.

• Do not wear it. Report it on the Order with photos within 12 hours of delivery, and on a rental return it the same day.
• A confirmed report is refunded in full, including delivery both ways. On a purchase, return the Item as we direct.
• The Lender receives no payout on that Transaction, and where the Lender was responsible, she is also charged what Jelly paid to deliver the Item (Section 17.5).

12.3 An Item that arrives too late to wear

If an Item reaches you too late to be worn during your rental, report it on the Order within 12 hours of it arriving and book the return the same day. A confirmed report is refunded in full, including delivery both ways. An Item that arrives later in the day but still inside your rental is not late.

Jelly decides, on the record, whose delay it was. Where it was the Lender’s, including a parcel handed to the carrier after the ship-by date, the Lender is not paid for that rental. Where the courier or the carrier caused it, the Lender is still paid.

13. Your saved card

13.1 The agreement at checkout

Before every booking is confirmed you are shown, and must agree to, this statement:

“I agree to the rental terms: late fees of the rental price ÷ 7 per day (or ÷ your rental period when that’s longer), the replacement value if the piece is not returned, repair or replacement for damage beyond normal wear, and, on a return I ship, a carrier adjustment for a bigger or heavier parcel, a faster speed if I ship late, and a UPS pickup I book, all charged to my saved card, as set out in section 13 of the Terms.”

For a purchase, the statement is:

“I agree to the purchase terms in section 16 of the Terms: the piece is mine once it’s delivered, fit refunds don’t apply and there are no change-of-mind returns, and anything not as described is reported within 12 hours of delivery.”

We record the version of these Terms you agreed to, the time, the device and network address you agreed from, and the statement as it was shown. We keep that record for as long as the Transaction may be disputed and use it only to establish what was agreed.

13.2 What your saved card may be charged after a booking

By booking, you authorize Jelly to charge your saved payment method, without asking you again at the time, for these amounts and no others:

1. an extension you asked for, when the Lender approves it (Section 14.4);
2. late fees (Section 14.2);
3. the cost of repair, or the Replacement value, for damage beyond normal wear or an Item not returned, as decided through mediation (Section 15), including the Replacement value held and captured when an Item is more than 7 days late (Section 14.3);
4. on a return Leg you ship: a carrier adjustment (Section 10.7), a faster speed needed because you were late (Section 10.8), and a UPS pickup you booked (Section 10.9); and
5. any part of these amounts that is still outstanding (Section 13.5).

Every one of these amounts is set by a rule in these Terms or shown to you before you incur it. This authorization creates no fee of its own.

13.3 How and when we take it

• Any Credits you hold are used first, then your saved card.
• We tell you what each amount is for and how it was worked out, at the latest when we take it.
• If your card is replaced or updated, your bank may give our payment processor the new details, and this authorization applies to them.
• Removing a card does not cancel amounts you already owe.

13.4 Temporary holds

• On some higher-value rentals, when the Item is sent out we may place a temporary hold (an authorization) on your saved card. Whether a hold applies, and its amount, is shown before you book.
• A hold is not a charge. Your bank reserves the amount and releases it when the Item is returned as it went out. It may be captured, up to the amount held, toward an amount you owe under Section 13.2. Anything not captured is released.
• A hold lasts as long as your bank allows (usually about seven days) and may be placed again while the Item is still out. A new hold replaces the old one; it is not an additional amount.
• If your card will not take the hold, your booking is not cancelled. We will ask you to update your payment method.

13.5 If a payment does not go through

If an amount you owe under these Terms cannot be taken, it stays owed. We will:

• retry your saved card on a schedule (currently one, three and seven days after the amount fell due) and tell you each time what is owed and how to pay it;
• let you pay the balance at any time from your account; and
• restrict your account while the balance is outstanding. You will not be able to book, make an offer, list an Item, or have an extension accepted. You can still sign in, send messages, return an Item you have, and pay what is owed. The restriction ends as soon as the balance is paid.

We charge nothing for this: no collection fee, no interest and no penalty.

If a balance is still unpaid 30 days after it fell due, the automatic retries stop and the restriction lifts, but the balance is still owed. A person at Jelly may then refer it to a collection agency or pursue it by other lawful means, and may give that agency the information it needs to collect. Before any referral you will have been told, more than once, what is owed and how to pay it.

14. Returns, late fees and extensions

14.1 Returning an Item

Return the Item by the rental end date, by the method booked for the return Leg: schedule the courier for the end date, hand it back at the agreed handoff, or, on a shipped return, make the return label on or before the end date and hand the parcel to the carrier by the next business day (Section 10.6).

14.2 Late fees

• Late fees are switched on or off by the Lender, per Listing. Whether they apply is shown on the Listing.
• The daily fee is the rental price divided by 7, or by the rental period, when that is longer than 7 days. A piece priced $50 for up to 7 days is $7.14 a day; the same $50 priced for up to 10 days is $5.00 a day.
• Late fees start the day after the end date, stop when the Item is returned, and accrue for a maximum of 7 days.
• No late fee applies where the delay is the courier’s or the carrier’s after you handed the Item over.
• Late fees are charged when the Item comes back, and are not added after a return has been recorded.

14.3 More than 7 days late

An Item more than 7 days late is treated as not returned, and this happens automatically:

• the Order is marked as stolen and a claim opens on it at the Replacement value;
• your account is frozen. A freeze stops the things that take on a new obligation: you cannot book, make an offer, or have a Listing live, and your own Listings are paused. You can still sign in, send messages, return the Item, and pay what you owe;
• a hold for the Replacement value is placed on your saved card. It is not a charge. It is captured if the Item has not come back: when Jelly confirms the loss, and in any case about six days after it was placed.

If the Item comes back or is found, the freeze is lifted, any uncaptured hold is released, and the Listings the freeze paused come back. An Item you have handed to a courier or that a carrier has scanned is not treated as stolen however late it is; raise it on the Order instead.

14.4 Extensions

• A Renter may ask to keep an Item longer. The Lender approves or declines; an extension is never automatic.
• An approved extension is priced at the Listing’s price divided by its rental period, per extra day. The total is shown before you ask, and your card is charged when the Lender approves.
• While an approved extension runs, late fees do not apply to it. Late fees that accrued before it was approved still stand.
• There is no extension fee, and no new delivery charge, because the Item does not move.
• An unanswered request expires at the end of the rental it would have extended.

14.5 Cleaning

• Cleaning between rentals is the Lender’s job, and is priced into the rental.
• A Renter is not asked to clean an Item before returning it, and is never charged for cleaning. An Item that simply needs cleaning is not damaged.
• Do not clean, dry-clean, treat or repair a rented Item without the Lender’s agreement. Damage caused by cleaning or treating an Item is damage under Section 15, even where the Lender agreed.
• Jelly does not clean, launder or inspect Items, and charges no cleaning fee of any kind.

14.6 No sub-renting

Do not sub-rent, lend, give or otherwise pass a rented Item to anyone else. You remain responsible for the Item whoever has it.

15. Damage, loss and mediation

15.1 Normal wear

Normal wear is expected and is not chargeable: for example deodorant marks, light washable stains, creasing, gentle stretching, minor pilling, and a scuff on a sole.

15.2 What a Renter is responsible for

Damage beyond normal wear is the Renter’s responsibility:

• the cost of repair, by a tailor, cleaner or cobbler; or
• where the Item cannot be repaired, or is not returned, its Replacement value (Section 15.3).

Once you have paid the Replacement value, the Item is yours to keep.

15.3 Replacement value

The Replacement value charged is the figure the Lender declared on the Listing, which you see before you book. A Lender must declare it honestly, as what it would cost to replace the Item. Where the evidence in a mediation shows that the Item was worth less, Jelly may charge less.

15.4 A Lender’s claim

A Lender reports damage or loss on the Order within 48 hours of the later of the end of the rental’s scheduled end date and the Item’s actual return, with her Condition captures and proof of purchase or of authenticity for the Item (from the Listing, or attached to the claim). A report made after that window is not reviewed. The Renter sees what was reported and can answer before anything is decided.

15.5 How mediation works

Jelly reviews both Members’ Condition captures, the Listing as it stood when the Item was booked, the messages on the Order, the tracking, and what each Member tells us. Jelly then decides who is responsible and how much, and charges that Member: a Renter through Section 13, a Lender through her Earnings and balance (Section 17.5).

• Where Jelly decides a claim in a Lender’s favour, Jelly pays her the amount it decided, and collecting that amount from the Renter is then Jelly’s job, not hers.
• Mediation is Jelly’s decision about money moving through the Services. It is not arbitration and is not insurance, and it does not take away any legal right either Member has against the other.

15.6 What mediation does not cover

• normal wear;
• Items sent out dirty, altered, or not as described (Section 12.2 applies instead);
• anything arranged or paid for off Jelly (Section 22.3); and
• claims made without the required Condition captures or proof, or after the window in Section 15.4.

16. Buying an Item

Some Listings are offered for sale, as well as or instead of rent. Where a Listing shows a sale price:

• The purchase is instant, at the listed price, the same way a rental is booked. Offers to buy work as Section 8 describes.
• The Item travels by one courier or shipped Leg, paid by the Buyer and priced as Section 10 describes, or by free handoff.
• Check it within 12 hours of delivery. An Item that is not as described is refunded under Section 12.2.
• Fit refunds do not apply to purchases, and there are no change-of-mind returns. Once the 12-hour window closes with nothing reported, the sale is final.
• Ownership of the Item, and the risk of loss, pass to you when it is delivered.
• The seller promises what Section 20.2 says. Otherwise, each Item is sold as described in its Listing, and Jelly gives no warranty about it.
• Cancelling a purchase is covered by Section 9.5.

17. Lending

17.1 Before you lend

Before you can list, you need a closet address and a payout account set up through Stripe. You give your details for the payout account to Stripe, not to Jelly, and Stripe verifies your identity for payouts. Your first Item also waits in review until you have completed the identity check in Section 5.

17.2 Stripe’s terms

Payment processing and payouts for Lenders are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (stripe.com/legal/connect-account). By setting up a payout account, you agree to those terms, as Stripe may change them. You agree to give Jelly accurate and complete information about yourself, and you authorize Jelly to share it, and information about your Transactions, with Stripe.

17.3 Jelly’s commission

• On a rental, Jelly’s commission is 20% of the rental price, and never less than $5 a rental, so a rental priced under $25 pays a flat $5.
• On a sale, Jelly’s commission is 20% of the sale price, with no minimum.
• The same 20% applies to extensions, and to late fees and Replacement values collected from a Renter and paid to you.
• Delivery charges, Transit coverage and tax are never commissioned.
• Commission is worked out on the price before any promotion you run (Section 17.9).
• Listing is free.

17.4 When your Earnings are available

• On a rental or a sale, your Earnings become available in your Jelly balance 12 hours after the Item is delivered, the window in which the Renter or Buyer can report a problem. Where the Listing offers a fit refund with a longer window (Section 12.1), they become available when that window ends instead.
• If an issue is reported on a Transaction, or a payment on it is disputed, before the related Earnings are available, they are held until Jelly resolves it. Nothing is forfeited by the hold itself.
• There is no payout on a rental that is refunded in full, or on one where a fit refund is granted.
• Where a Renter’s bank dispute succeeds, Jelly decides on the record whether your Earnings on that Transaction are reduced.

17.5 What comes out of your Earnings

These amounts are taken from your Earnings on the Transaction they relate to, or from your balance:

• a cancellation fee (Section 9.2);
• where you were responsible for an Item not being as described, what Jelly paid to deliver it, both ways (Section 12.2);
• a faster speed, a bigger parcel size, a carrier adjustment or a UPS pickup on a Leg you shipped, and a carrier adjustment on a return Leg under the exception in Section 10.7 (Sections 10.5, 10.7, 10.8 and 10.9);
• a promotion you run (Section 17.9);
• an amount a mediation decision charges you (Section 15.5); and
• an amount paid out to you before a refund these Terms require.

If your balance goes below zero, the shortfall is set against your future Earnings and stays owed.

17.6 Withdrawing

Available Earnings can be spent on Jelly or sent to your bank account through Stripe. Earnings are not sent to your bank automatically; you send them. How long a transfer takes depends on Stripe and your bank: typically 2 to 3 business days. Only Earnings can be sent to a bank; Credits cannot (Section 18.1). Earnings you have not withdrawn remain yours: if your account closes with Earnings in it, we pay them to you, less anything you owe under these Terms, unless the law requires us to hold them.

17.7 Taxes

You are responsible for any tax on your Earnings. Jelly or Stripe may ask for your tax information, such as a Form W-9, and may report your Earnings to tax authorities where the law requires, including on Form 1099-K. We may hold payouts until information the law requires us to collect has been given.

17.8 Your duties on each Transaction

• Keep your availability current, and block dates you cannot lend.
• Send the Item clean and as described.
• Film it before it goes out (Section 11), and send it on time: by courier on the booked date, or to the carrier by the ship-by date.
• Pack a shipped Item within its parcel size (Section 10.7).
• Report damage or loss within the window in Section 15.4.
• Use only the Services to arrange payment and delivery (Section 22.3).

17.9 Promotions you run

A Lender may run discounts and promo codes on her own closet. They are funded by the Lender, entirely: the discount comes out of her Earnings, and Jelly’s commission is worked out on the price before the discount. A promo code can be used once per person, and one promotion applies to each line of an Order.

18. Credits, referrals and promotions

18.1 Credits

• Credits are Jelly account credit. You can spend them on rentals, purchases and delivery on Jelly.
• You choose when to use them (Section 7.7). Amounts you owe after a booking take Credits first (Section 13.3).
• Credits have no cash value. They cannot be sent to a bank or exchanged for money, except where the law requires. They cannot be transferred or sold.
• Credits do not expire.
• If a booking you paid for partly in Credits is refunded, your Credits are restored first.
• Credits end when your account is closed, except where the law requires otherwise.
• Where Credits come from: fit refunds (Section 12.1), a Lender’s cancellation fee (Section 9.2), referrals, and goodwill where Jelly decides something went wrong on its side.

18.2 Referrals

• When a friend joins Jelly using your invitation and completes her first rental, you receive $10 in Credits, for up to 10 friends.
• A referral counts only for a new Member who is a real person with her own account. Do not refer yourself, create accounts to earn referrals, or send invitations as spam. We may withhold or reverse referral Credits obtained in breach of these Terms.
• We may change or end the referral programme for future referrals. Credits already earned are not affected.

18.3 Promo codes

Promo codes on Jelly are Lenders’ own promotions (Section 17.9). A code can be used once per person and cannot be combined with another promotion on the same line. It has no cash value.

19. Mona and other automated features

19.1 Mona

Mona is Jelly’s AI stylist.

• Her suggestions are suggestions. She can be wrong, about fit, style, dates or anything else. Check the Listing and the checkout before you book.
• Mona never books, never makes an offer, and never spends your money.
• She takes certain actions only when you ask her to (saving a piece, setting an alert, tracking a price, building or adding to a Look, following a closet, remembering a preference), and she posts a Request, which Lenders can see, only when you tell her to post it.
• If anything Mona says about a price, a fee, a rule or a policy differs from the Listing, the checkout or these Terms, the Listing, the checkout and these Terms control.
• Mona uses an outside AI provider. The Privacy Policy explains what is sent to it.
• Do not try to make Mona act against these Terms or reveal other Members’ information.

19.2 Profile labels

Labels describe what Jelly’s records show at the time: Verified (the Member has completed the identity check in Section 5, or a person at Jelly has recorded a verification by hand), Star closet, Fast responder, Clean record and Star renter. The app explains how each one is earned. They are not a guarantee of how any Member will behave, and they change no price, fee, refund or window.

19.3 Alerts and the Sale Tracker

Alerts and the Sale Tracker tell you when something you asked about changes. They can be delayed or miss a change. A price or stock level we show for another shop is what that shop published when we last read its page, and may be out of date.

19.4 Other shops’ websites

Parts of Jelly link to other websites: for example, the shops that sell a piece you track. Those sites are not ours. We do not endorse them or take responsibility for their content, prices, stock or anything you buy there; the shop’s own page is the only authority on what it will sell you and for how much. Today our links to other shops carry no affiliate code and earn Jelly nothing. If that changes, we will say so where the link appears.

20. What you may list

20.1 The basics

Every Item must be yours to lend or sell, authentic, accurately described, and clean.

• Photographs must be your own, of the Item you own, not a retailer’s, a brand’s, a magazine’s or another Member’s.
• Describe the Item honestly, including its condition, flaws, alterations and repairs, and any missing care or fibre label.
• Declare its Replacement value honestly (Section 15.3).
• An Item that ships must have a parcel size on its Listing.
• A Listing’s price must meet the minimum shown when you price it.
• Jelly may review a Listing before or after it goes live, may ask you for proof of purchase, proof of authenticity or what an Item is made of at any time, and may pause or remove a Listing while that is outstanding.

20.2 What a Lender promises

By listing an Item, the Lender promises that she owns it or has the right to rent or sell it; that it is authentic; that it matches its Listing; that it has not been recalled; and that it may lawfully be rented or sold, and sent to the Member who books it.

20.3 Not permitted at all

• Electronics, other than cameras
• Services, digital goods and gift cards
• Food, drink and supplements
• Animals, and parts of protected or endangered species, including ivory, sea-turtle shell, coral and protected feathers
• Real estate and vehicles
• Weapons of any kind, including decorative, costume and replica weapons
• Aerosols, flammables, drugs, alcohol, medical devices and recalled products
• Infant sleep products, car seats, carriers and strollers
• Anything with visible bodily fluid on it

This list is not complete. We may remove any Listing that creates a legal, safety or hygiene risk.

20.4 Not permitted as rentals

For hygiene: underwear, hosiery, bras, wigs, and jewelry worn in a piercing may not be listed for rent.

20.5 Listed only with disclosure

• Real fur and exotic skins must be identified as such, with the animal named.
• Fine jewelry must state its materials: the metal, the stones, and whether the stones are natural or created. Do not describe an Item as gold, silver or platinum unless it is solid at the stated fineness.
• Children’s clothing must meet applicable US safety standards, including flammability standards for children’s sleepwear, and children’s outerwear must not have drawstrings at the neck or hood.

20.6 Items restricted by state law

Some Items may not lawfully be sold, rented or sent into some states: for example, certain fur products and products made from certain wild-animal skins under California law. Jelly may refuse to deliver an Item to a state where it is restricted, and may cancel and refund a Transaction for that reason (Section 9.4). Lenders are responsible for knowing whether their Items are restricted.

20.7 Authenticity

Every Item listed on Jelly must be authentic. Counterfeits, replicas and “dupes” of branded Items are not permitted, whether or not the Listing says so. An Item may be listed under a brand only if that brand made or authorized it.

• Genuinely unbranded Items must be listed as Unbranded, and may not name a brand as their inspiration or use a brand’s trademark anywhere in the Listing.
• If we ask you for proof of authenticity, you must provide it. Not knowing an Item was not authentic does not prevent any of what follows.

If an Item is found to be counterfeit or not authentic as described:

1. the Renter or Buyer is refunded in full;
2. the Lender earns nothing on it, and may be charged what it cost Jelly to put it right;
3. the Listing is removed, and a removed Item cannot be listed again; and
4. the account may be warned, restricted from listing branded Items, suspended, or closed. Deliberate deception, fabricated proof, several misrepresented Items, or relisting a removed Item can close an account on the first occasion.

21. Your Content and reviews

21.1 You own your Content

You keep ownership of your Content. You are responsible for it, and you must have the right to post it.

21.2 The licence you give us

You give Jelly a worldwide, non-exclusive, royalty-free licence to host, store, reproduce, adapt, display and distribute your Content, with your handle, to operate, provide and improve the Services: for example, to show your Listing to Members and on onjelly.com, in search engines and shopping services that link back to Jelly, and in shares you or other Members make. We may let our service providers use your Content only to help us do those things. We may also use Condition captures, messages and Order records as evidence to resolve disputes, including with payment networks. We will not use a photograph or video of you in Jelly’s own advertising without asking you first.

This licence ends when you delete the Content or close your account, except for copies that are part of another Member’s record or a Transaction (such as a review, a message, a Condition capture or an Order), copies in backups for a reasonable period, and copies we must keep to comply with the law or resolve a dispute.

21.3 Public Content

Your profile, closet, public Looks, Requests and reviews can be seen by others, and some may appear in search engines.

21.4 Reviews

• After a rental, the Renter may review it, and the Lender may rate the Renter. Reviews must be honest, first-hand accounts of the Transaction.
• A Renter’s review of a piece is public. A Lender’s rating of a Renter appears as the Renter’s rating; the note a Lender writes about a Renter is not shown to anyone else.
• Jelly does not edit reviews. We may remove a review that breaks these Terms or the Community Guidelines. A Lender may also ask us to remove a Renter’s review where that Renter was charged a late fee on the rental, returned the Item damaged, or did not return it. We apply these grounds whatever the review’s rating.
• Do not post a review of a Transaction you were not part of, or offer or accept anything in exchange for a review.

21.5 Feedback

If you send us ideas or suggestions, we may use them without any obligation to you.

21.6 Removing Content

We are not obliged to monitor Content, but we may remove or restrict any Content that we reasonably believe breaks these Terms, the Community Guidelines or the law.

22. Conduct

22.1 The Community Guidelines

Follow the Community Guidelines. In short: treat people with respect, do not harass or expose anyone, do not discriminate, and do not spam.

22.2 What you may not do

You must not:

• post anything unlawful, defamatory, harassing, abusive, fraudulent or obscene;
• impersonate anyone, or misrepresent who you are or who you act for;
• post Content that infringes someone else’s copyright, trademark or other rights, or violates their privacy or right of publicity;
• upload a virus or anything else built to damage, disable or take over a system;
• interfere with the Services, our servers, or anyone else’s use of them, or put an unreasonable load on them;
• use a robot, scraper or other automated means to access, copy or collect the Services, except that a search engine or other agent may access the public pages our robots.txt file allows it to, in the way that file allows;
• systematically collect Listings, prices or Member information to build a database, a directory or a competing service;
• collect or store personal information about other Members, other than what you need for a Transaction you are part of;
• reverse engineer, decompile or modify the Services, except where the law allows it despite this restriction;
• remove a copyright, trademark or other notice, or frame our pages inside your own;
• resell, rent, sublicense or otherwise pass on the Services or any part of them;
• use the Services to advertise or sell anything other than what Section 20 allows;
• report something you know to be untrue; or
• break any law that applies to what you are doing.

22.3 Keep it on Jelly

Arrange and pay for every Transaction through the Services. Do not use Jelly to find a Member and then rent or sell to them elsewhere. If you arrange payment or delivery off Jelly, Jelly does not mediate and does not collect on your behalf, our support desk cannot resolve the dispute, and your account may be closed.

22.4 Messages and reports

Messages you send through the Services are stored by Jelly. We may review them when a message is reported, when it is part of an Order or a dispute we are resolving, or when we need to in order to enforce these Terms or comply with the law. You can block another Member, except while an Order between you is unfinished: until it is closed or cancelled and no issue or claim on it is still open. You can unblock at any time. Reports are confidential: we do not tell the Member reported who made the report.

22.5 What happens if these rules are broken

We may remove Content, give a warning, restrict listing, pause Listings, or suspend or close an account (Section 24). Serious conduct (fraud, abuse of other Members or of our staff, or counterfeits at volume) can close an account on the first occasion.

23. Intellectual property

23.1 Ours

The Jelly name and logo, the app, the website and their design are owned by Jelly or its licensors. We give you a personal, limited, non-exclusive, non-transferable, revocable licence to use the Services for their intended purpose under these Terms. Nothing else in these Terms gives you a right to use our name, logo or other marks.

23.2 Copyright notices

Jelly responds to notices of copyright infringement under the Digital Millennium Copyright Act. Our designated agent is:

Copyright Agent, ON JELLY LLC 2155 Washington Ct, Miami Beach, FL 33139 +1 (347) 306-6261 info@onjelly.com (subject line: “Copyright notice”)

A notice must include:

1. your physical or electronic signature;
2. identification of the copyrighted work you say is infringed (a representative list will do where one notice covers several works);
3. identification of the material you say is infringing, with enough detail for us to find it: a link to the Listing, Look or profile is best;
4. your name, address, telephone number and email address;
5. a statement that you believe in good faith that the use is not authorized by the copyright owner, its agent or the law; and
6. a statement that the information in the notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act for the owner.

We remove or disable access to material identified in a complete notice, tell the Member who posted it, and give them a copy of the notice. Removing material is not a finding that the Member did anything wrong.

23.3 Counter-notices

If your material was removed and you believe that was a mistake or a misidentification, you may send a counter-notice to the agent above. It must include:

1. your physical or electronic signature;
2. identification of the material that was removed and where it appeared;
3. a statement, under penalty of perjury, that you believe in good faith the material was removed as a result of a mistake or misidentification; and
4. your name, address and telephone number, a statement that you consent to the jurisdiction of the federal district court for the district where your address is, and that you will accept service of process from the person who sent the original notice or their agent.

A counter-notice is a legal step, not an appeal form. We send it, with your contact details, to the person who sent the original notice. Unless they tell us within 10 business days that they have filed a court action, we restore the material 10 to 14 business days after we receive the counter-notice.

Anyone who knowingly misrepresents that material is infringing, or that it was removed by mistake, may be liable for damages under 17 U.S.C. § 512(f). We may stop acting on notices from someone with a pattern of invalid notices.

23.4 Repeat infringers

We close the accounts of repeat infringers. A strike is counted when material is removed on a valid notice and is not restored; a strike comes off if the material is restored or the notice is withdrawn. A first strike brings a warning, a second restricts listing while we review the closet, and a third closes the account. Serious conduct (counterfeits at volume, fabricated proof of authenticity, or a closet built mostly from other people’s content) can close an account sooner.

23.5 Trademarks and counterfeits

Rights holders can report a trademark claim or a counterfeit to info@onjelly.com (subject line: “Trademark notice”) with: their name and authority to act; the trademark and any registration number; a link to each Listing reported; what is infringing about it; their contact details; and a statement that they believe in good faith the use is unauthorized and that the notice is accurate. A notice naming a whole brand without identifying Listings cannot be acted on.

24. Suspension, restriction and closing accounts

24.1 Closing your own account

You can stop using the Services at any time, and you can delete your account yourself from your account settings in the app or on onjelly.com, or by writing to info@onjelly.com. An account cannot be deleted while it has an open Order, an open claim, or a balance owed; finish or pay those first. Withdraw your Earnings before you delete (Section 17.6). The Privacy Policy explains what deletion removes and what it keeps.

24.2 When Jelly may restrict, suspend or close an account

We may restrict features, pause Listings, suspend an account or close it:

• if we reasonably believe you have broken these Terms, the Community Guidelines or the law;
• to prevent fraud, protect Members or the public, or limit legal risk to Jelly or others;
• where the law, a court, a regulator or our payment processor requires it; or
• for any other reason, on 30 days’ notice.

Where we act for the first three reasons, we tell you and give the reason where we can, unless the law, safety or an investigation prevents it. The freeze in Section 14.3 and the restriction in Section 13.5 are separate from these and work as those sections describe. If you think we have made a mistake, write to info@onjelly.com.

24.3 What happens when an account closes

• Orders already under way are completed, or cancelled and refunded, as these Terms describe.
• Amounts you owe under these Terms stay owed, and an Item you have still has to come back.
• Earnings owed to you are paid (Section 17.6), unless they are held under these Terms or the law.
• The licences these Terms give you end.
• If we closed your account for breaking these Terms, do not open another without our written permission.

25. Disclaimers

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT THE LAW ALLOWS, JELLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. JELLY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE, THAT LISTINGS OR OTHER CONTENT ARE ACCURATE, OR THAT ANY ITEM WILL FIT, ARRIVE AT A PARTICULAR TIME, OR MEET YOUR EXPECTATIONS. ITEMS ARE PROVIDED BY LENDERS, NOT BY JELLY, AND JELLY IS NOT RESPONSIBLE FOR THE CONDUCT OF ANY MEMBER.

This does not limit the promises these Terms make expressly (such as the refunds in Sections 9 and 12 and the payment of Earnings in Section 17) or any warranty the law does not allow us to exclude. Some states do not allow implied warranties to be excluded, so some of this section may not apply to you.

26. Limitation of liability

TO THE FULLEST EXTENT THE LAW ALLOWS:

• JELLY IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, EVEN IF WE WERE TOLD THEY WERE POSSIBLE; AND
• JELLY’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES IS LIMITED TO THE GREATER OF $100 OR THE TOTAL YOU PAID THROUGH THE SERVICES IN THE SIX MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM, including, if you lend, the commission and fees Jelly kept from your Earnings in those six months.

What these limits do not cover. They do not limit: Jelly’s obligation to pay you Earnings it collected for you, or refunds and Credits these Terms say you are owed; liability for death or personal injury caused by our negligence; liability for our fraud, gross negligence or willful misconduct; or any liability the law does not allow us to limit. Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of this section may not apply to you.

27. Indemnity

If someone other than you or Jelly, including another Member or a public authority, brings a claim against Jelly or its members, officers, employees or agents arising from your breach of these Terms or the law, Content you posted, an Item you listed, or how you treated another Member or anyone else in connection with the Services, you will indemnify them against the resulting losses, damages, settlements and reasonable lawyers’ fees, to the extent you caused them.

You do not have to indemnify anyone for a claim to the extent it was caused by Jelly’s own breach, negligence or misconduct. We will tell you promptly about any claim. You may take over its defence with lawyers we reasonably accept, and we may take part at our own cost. Neither of us will settle a claim in a way that admits fault for, or binds, the other without the other’s written consent, which will not be unreasonably withheld. This section applies only to the extent the law of the state where you live allows.

28. Resolving disputes: arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

28.1 Talk to us first

Most problems are fixed by writing to us. Before either of us starts an arbitration or a court case, the one bringing the claim must send the other a written notice of dispute: yours to info@onjelly.com (subject line: “Notice of dispute”) or by post to ON JELLY LLC, Attn: Legal, 2155 Washington Ct, Miami Beach, FL 33139; ours to the email address on your account. The notice must give your name, the email address or mobile number on your account, a description of the dispute, and what you want.

For the 30 days after the notice arrives, each of us will try in good faith to settle the dispute, including on a phone or video call if either of us asks for one. Neither of us may start an arbitration or court case until those 30 days have passed, and time limits for bringing the claim are paused during them.

28.2 Agreement to arbitrate

If the dispute is not settled, you and Jelly agree to resolve any dispute, claim or controversy between you and Jelly arising out of or relating to these Terms, the Services, any Transaction, your account or our communications with you (whether based on contract, statute, tort, fraud or any other legal theory, and whether it arose before or after you accepted these Terms) by binding individual arbitration, and not in court, except as Section 28.3 says. This includes claims against Jelly’s members, officers, employees and agents. It does not apply to a lawsuit already filed before you first accepted these Terms.

This agreement is between you and Jelly. It does not cover a dispute between two Members to which Jelly is not a party.

The Federal Arbitration Act (9 U.S.C. § 1 and following) governs this Section 28.

28.3 What is not arbitrated

• Small claims. Either of us may bring an individual claim in small claims court in the county where you live or in Miami-Dade County, Florida, if it qualifies and stays there as an individual claim.
• Intellectual property. Either of us may ask a court to stop the infringement or misuse of copyrights, trademarks, trade secrets or patents.
• Public injunctive relief. Where the law of the state where you live lets you seek an injunction whose main purpose is to protect the general public, that request goes to court, after the arbitration of all individual claims and remedies is finished, and is paused until then.

28.4 How arbitration works

• Administrator and rules. The American Arbitration Association (“AAA”) administers the arbitration under its Consumer Arbitration Rules and, where Section 28.9 applies, its Mass Arbitration Supplementary Rules, as this section modifies them. The rules are at adr.org. If the AAA is unavailable or unwilling, the parties agree on another administrator, or a court appoints one. Where this section and the rules differ, this section controls.
• The arbitrator is a single neutral arbitrator: a practising lawyer or a retired judge.
• Where. A hearing takes place in the county where you live, or somewhere else we both agree, and may be held by video or phone where the rules allow. A claim for $25,000 or less may be decided on written submissions unless either of us, or the arbitrator, asks for a hearing.
• What the arbitrator can award. Any individual relief a court could award under the law that applies, but only in favour of the individual party asking for it and only as far as that party’s own claim requires. The award is in writing, states the essential findings and conclusions, and binds only the parties to that arbitration. Judgment on it may be entered in any court with jurisdiction.
• Who decides what. The arbitrator decides every issue, including whether a claim must be arbitrated, except that a court decides whether Section 28.7 is valid and enforceable, whether and how Section 28.9 applies, whether you opted out under Section 28.10, and whether a change under Section 28.12 applies to you.

28.5 Fees

• You pay only the filing fee the AAA Consumer Arbitration Rules require of a consumer. Jelly pays all other AAA administrative fees and the arbitrator’s fees, whoever starts the arbitration, unless the arbitrator finds your claim frivolous or brought for an improper purpose, in which case the AAA rules decide who pays.
• Each of us pays our own lawyers’ fees and costs, unless the law or the AAA rules allow the arbitrator to award them. Jelly will not ask for its lawyers’ fees from you unless the arbitrator finds your claim frivolous or brought for an improper purpose.

28.6 Jury waiver

YOU AND JELLY EACH GIVE UP THE RIGHT TO A JURY TRIAL for any claim covered by this Section 28, including any claim that goes to court under it.

28.7 Class and representative action waiver

YOU AND JELLY MAY BRING CLAIMS AGAINST EACH OTHER ONLY AS INDIVIDUALS, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. Unless you and Jelly both agree in writing, the arbitrator may not combine more than one person’s claims, may not preside over any kind of class, collective or representative proceeding, and may not award relief to anyone but the individual parties. Handling cases together under Section 28.9 is not a class proceeding: each claim is still decided individually.

28.8 Time to bring a claim

Nothing in this section shortens the time the law gives you to bring a claim.

28.9 Mass filings

This subsection applies if 25 or more demands raising substantially similar claims against Jelly (or by Jelly) are filed by, or with the help of, the same or coordinated lawyers or organisations within 90 days of each other.

1. The AAA’s Mass Arbitration Supplementary Rules apply.
2. Bellwether cases. The lawyers for the claimants and Jelly each choose five cases (the AAA chooses if either side does not), and those ten proceed first, each before a different arbitrator.
3. The other cases wait. Until the bellwether cases are decided, the other demands are held: they are not treated as filed, and no fees are due on them from anyone. Time limits for bringing those claims are paused from the day each demand was sent.
4. Mediation. After the bellwether cases are decided, the parties mediate the remaining claims in good faith for 60 days, with a mediator the AAA appoints and Jelly pays for.
5. Then arbitration resumes. Any claim not settled proceeds in arbitration under the AAA’s rules. The bellwether results do not bind the other claimants, and every claimant keeps the right to an individual decision on their own claim.

A court decides any disagreement about whether or how this subsection applies. If this subsection is found unenforceable as to a claim, that claim proceeds in individual arbitration without it.

28.10 Opting out

You can opt out of this Section 28 within 30 days of the day you first accept these Terms, or, if you accepted an earlier version of Jelly’s terms, within 30 days of the day you first accept this version. Email info@onjelly.com with the subject line “Arbitration opt-out”, from the email address on your account or giving the mobile number on it, with your name and a clear statement that you opt out of arbitration; or send the same by post to the address in Section 28.1.

If you opt out, disputes between you and Jelly go to court under Section 29, and the rest of these Terms applies as before. An opt-out applies only to you.

28.11 If part of this section cannot be enforced

• If Section 28.7 is found unenforceable as to any claim or request for relief, that claim or request, and only that one, is removed from arbitration and goes to court under Section 29, after the individual arbitration of everything else is finished, and is paused until then. No claim is ever arbitrated on a class, collective or representative basis.
• If any other part of this section is found unenforceable, the rest of it stays in force.
• If this section is found not to apply to a claim, Section 29 governs that claim.

28.12 Changes to this section

If we change this Section 28 after you have accepted it (other than to change our notice address), you may reject the change by writing to info@onjelly.com within 30 days of the change taking effect for you. The version of this section you last accepted then continues to apply to you, and the rest of the updated Terms still applies.

28.13 This section survives

This Section 28 continues to apply after your account closes or these Terms end.

29. Governing law and courts

These Terms, and any dispute between you and Jelly, are governed by the laws of the State of Florida, without regard to its conflict-of-laws rules, except that the Federal Arbitration Act governs Section 28.

A dispute that is not arbitrated is brought only in the state courts located in Miami-Dade County, Florida, or the United States District Court for the Southern District of Florida, and you and Jelly agree to those courts’ personal jurisdiction, except that small claims may be brought as Section 28.3 allows, and you may bring a claim in the courts where you live where the law of your state gives you that right.

Nothing in these Terms takes away a right you have under the consumer protection laws of the state where you live that cannot be waived or limited by contract.

30. Changes to these Terms

We may change these Terms. When a change is material, we will tell you before it takes effect (in the app, by email, or both) and ask you to accept the new version. Until you do, you will not be able to book, make an offer, list an Item or take certain other actions on an Order, but you can still sign in, read your Orders, send messages, and report a problem. If you do not want to accept a change, you can close your account (Section 24.1).

• A Transaction booked before a change stays governed by the Terms you accepted when you booked it.
• A change we must make to comply with the law, or that has no material effect on your rights, may take effect when we post it.
• Section 28.12 says how a change to the arbitration agreement works.

The date at the top of these Terms shows when they last changed.

What changed on 7 October 2026: every Member verifies her identity once (a Renter or Buyer before she books, a Lender before her first Item goes live; Sections 5 and 17.1); parcel sizes are maximums, the shipper confirms the parcel is within one, carrier adjustments, the return-packaging exception, disputes with the carrier and the shipping pause (Section 10.7); shipping only to and from an address the Postal Service has confirmed (Section 10.10); returns when the original packaging is lost (Section 10.6); Condition captures taken after the booking is paid for, and the optional parcel photo (Section 11); a fit refund needs no photos, what it is, when it is paid and who pays delivery (Section 12.1); what a carrier adjustment can be charged to (Sections 13.2 and 17.5); the profile labels, including Star renter, and what Verified means (Section 19.2); and blocking (Section 22.4). Punctuation has also been tidied throughout, with no change of meaning; the checkout statement in Section 13.1 now reads “all charged to my saved card”.

31. The iPhone app and Apple

If you use the Jelly app on an Apple device:

• These Terms are between you and Jelly, not Apple. Jelly, not Apple, is responsible for the app and its content.
• Your licence to use the app (Section 23.1) is limited to Apple-branded devices you own or control, as the Usage Rules in Apple’s Media Services Terms and Conditions allow.
• Apple has no obligation to provide maintenance or support for the app.
• If the app fails to meet a warranty that applies to it, you may tell Apple, and Apple will refund the price you paid for the app, if any. To the fullest extent the law allows, Apple has no other warranty obligation for the app.
• Jelly, not Apple, is responsible for any claim by you or a third party about the app, including product liability claims, claims that the app fails to meet a legal or regulatory requirement, claims under consumer protection, privacy or similar laws, and claims that the app infringes someone’s intellectual property.
• You confirm that you are not in a country subject to a US Government embargo or designated as “terrorist supporting”, and that you are not on any US Government list of prohibited or restricted parties.
• You must comply with any third-party terms that apply when you use the app, such as your mobile carrier’s.
• Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you as they relate to your licence to use the app.

32. General

• Entire agreement. These Terms, including the Community Guidelines and the terms shown on a Listing and at checkout (Section 1.2), are the whole agreement between you and Jelly about the Services, and replace any earlier version you accepted, except as Sections 28.10, 28.12 and 30 say.
• Severability. If a court or arbitrator finds part of these Terms unenforceable, that part is enforced as far as it can be and the rest stays in force, except as Section 28.11 says.
• No waiver. If we do not enforce a provision, that is not a waiver of it.
• Assignment. You may not transfer your rights or obligations under these Terms. We may transfer ours to a company we are part of or to a successor in a merger, acquisition or sale of our business, and we will tell you if we do.
• Events beyond our control. Neither of us is responsible for a delay or failure caused by events beyond reasonable control, such as a natural disaster, severe weather, a carrier or courier failure, a strike, an outage, or an act of government. This does not excuse a refund these Terms say is due for a service that was not provided, or a payment already owed.
• Notices. We send notices to the email address or through the app on your account. You send notices to info@onjelly.com, or by post to the address in Section 33.
• Relationship. Apart from the payment collection agency in Section 4.3, nothing in these Terms makes Jelly and any Member partners, employer and employee, or agents of each other.
• Third parties. No one other than you and Jelly has rights under these Terms, except as Sections 27 and 31 say.
• Interpretation. Headings are for convenience only. “Including” means “including but not limited to”. Where these Terms say “she” or “her” of a Member, they mean any Member. These Terms are in English.
• The UN Convention on Contracts for the International Sale of Goods does not apply.
• What survives. If your account closes or these Terms end, these continue to apply: Sections 4, 7.8 and 7.9; Sections 9 to 18 as to any Transaction already made and any amount already owed either way; Section 21.2 as that section describes; Section 23, except the licence to use the Services; Section 24.3; Sections 25 to 29; and Sections 32 and 33.
• California residents. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

33. Contact

ON JELLY LLC (doing business as Jelly) 2155 Washington Ct, Miami Beach, FL 33139 info@onjelly.com