
Easy Rental
easyrental.online
Easy Rental OS — Terms of Service
These Terms of Service ("Terms") govern access to and use of the Easy Rental OS web application, mobile/PWA application, and related services (collectively, the "Service"). The Service is provided by Punctum Systems Holdings LLC, a New Mexico limited liability company ("Company," "we," "us," "our").
By creating an account, accessing, or using the Service, you ("Customer," "you") agree to be bound by these Terms. If you use the Service on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity, and "Customer," "you," and "your" will refer to that entity.
If you do not agree to these Terms, do not access or use the Service.
1) Definitions
For purposes of these Terms:
1.1 Account:
A registered user profile enabling access to the Service.
1.2 Agency / Business:
A car rental business tenant workspace inside the Service associated with an Account.
1.3 Authorized Users:
Your employees, contractors, and other personnel who are authorized by you to access and use the Service under your Account.
1.4 Customer Data:
Any data, content, or information submitted to, uploaded to, or transmitted through the Service by you or your Authorized Users, including personal data of drivers, renters, and other end customers.
1.5 Documentation:
Any help content, onboarding guides, product instructions, or other user materials we provide or make available in relation to the Service.
1.6 Subscription:
Your paid plan (for example, monthly or annual) and its included features, limits, and entitlements, as described at the time of purchase and as may be updated in accordance with these Terms.
1.7 Third-Party Services:
External services, platforms, or products with which the Service integrates or interacts, such as messaging platforms (for example, WhatsApp), payment processors, and mapping or geolocation services.
2) Eligibility and Account Registration
2.1 Eligibility
You must be legally capable of entering into binding contracts in your jurisdiction to use the Service. If you are registering or using the Service on behalf of an entity, you represent that you have full authority to bind that entity. The Service is currently available only to businesses operating primarily outside of the United States, Canada, the United Kingdom, and Australia. By using the Service, you represent and warrant that your business does not operate primarily in those jurisdictions.
2.2 Accurate Information
You agree to provide accurate, current, and complete information when creating your Account and to keep such information updated. We may suspend or terminate your Account if we reasonably believe any information you provide is inaccurate, misleading, or incomplete.
2.3 Account Security
You are responsible for all activities that occur under your Account, whether or not authorized by you. You must maintain the confidentiality of your login credentials and implement appropriate access controls for Authorized Users. You agree to notify us without undue delay using the support or contact details made available through the Service or on our website if you suspect any unauthorized access to or use of your Account.
3) The Service (What We Provide)
3.1 License
to Use Subject to these Terms and your timely payment of all applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service during your Subscription term solely for your internal business operations in connection with operating your car rental activities.
3.2 Multi-Tenancy & Access Controls The Service is provided on a multi-tenant basis.
Your Agency / Business workspace is logically separated from others using access control rules. You acknowledge that the Service is not delivered as a separate software instance solely for you.
3.3 Changes
to the Service We may improve, modify, or discontinue any aspect or feature of the Service from time to time. If a change materially reduces the core functionality of a paid plan, we will use reasonable efforts to provide advance notice via the Service or by other reasonable means.
4) Subscriptions, Trials, Billing, and Taxes
4.1 Plans and Limits
Subscription plans may include usage limits, such as limits on the number of vehicles, Authorized Users, branches, bookings, storage, or other metrics. We may measure your usage for billing and service management. If you exceed applicable limits, we may require you to upgrade your plan or pay overage fees, and we may reasonably restrict functionality until compliance is restored.
4.2 Free Trials
If we offer free or discounted trials, they are provided "as is" and may be subject to additional or different conditions that we disclose at signup or in the Service. Trial Subscriptions may automatically convert to paid Subscriptions at the then-applicable rates if you do not cancel before the end of the trial period, where such auto-conversion is disclosed at signup.
4.3 Fees and Billing
Fees are typically billed in advance (monthly or annually) and are non-refundable except as required by applicable law or as expressly stated in these Terms. You authorize us or our third-party payment processor to charge all fees to your selected payment method on the schedule applicable to your Subscription.
4.4 Payment Processor We may use one or more Third-Party Services to process payments.
Your use of such services may be subject to the applicable third-party terms and policies, and you agree to comply with them. We are not responsible for the acts or omissions of third-party payment processors.
4.5 Taxes
All fees are exclusive of any taxes, duties, or levies (including sales, use, value-added, or similar taxes) that may be imposed by governmental authorities. You are responsible for all such taxes related to your purchases and use of the Service, other than taxes based on our net income.
4.6 Late Payments
If any amounts owed by you are overdue, we may, after providing you with reasonable notice through the Service or via your contact details on file, suspend or restrict your access to the Service until such amounts are paid in full. We may charge interest on overdue amounts at the lesser of 1.5% per month or the maximum rate permitted by law, plus reasonable collection costs.
5) Cancellation, Downgrades, and Suspension
5.1 Cancellation
by You You may cancel your Subscription at any time through your Account settings or by contacting us using the support or contact details made available through the Service or on our website. Unless explicitly stated otherwise at the time of purchase, cancellation will take effect at the end of your then-current billing period, and you will remain responsible for all fees due for that period. Prepaid fees are not refundable except as expressly stated in these Terms or required by law.
5.2 Downgrades You may be able to change or downgrade your Subscription plan.
Downgrading may reduce or remove certain features, capacities, or integrations and may result in loss of access to some data, exports, or historical records associated with higher-tier plans. You are solely responsible for any consequences of downgrading, including data loss due to plan limitations.
5.3 Suspension or Termination by Us We may suspend or terminate your access to the Service, in whole or in part, immediately or with such notice as is reasonable under the circumstances, if:
you materially breach these Terms and fail to cure such breach (if curable) within a reasonable cure period specified in our notice;
your use of the Service poses a security, operational, or legal risk to us, the Service, or other customers;
such action is required by law, regulation, or court order; or
non-payment of fees persists after notice in accordance with Section 4.6.
Where practical and lawful, we will use reasonable efforts to provide you with prior notice of suspension or termination and an opportunity to remedy the issue.
6) Customer Data, Privacy, and Data Protection
6.1 Ownership of
Customer Data As between you and us, you retain all right, title, and interest in and to Customer Data. We do not claim ownership of Customer Data.
6.2 Our
Use of Customer Data We will process Customer Data solely to provide, maintain, secure, and improve the Service; to prevent or address technical, security, or support issues; to comply with law; and as otherwise described in our then-current privacy policy. We may also use aggregated and/or de-identified data derived from Customer Data and your use of the Service for analytics, benchmarking, and product improvement, provided such data does not identify you or any individual.
6.3 Data Protection Roles
To the extent applicable data protection laws apply, you act as the "controller," "business," or equivalent with respect to personal data contained in Customer Data, and we act as a "processor," "service provider," or equivalent. Each party will comply with its respective obligations under applicable data protection laws.
6.4 Your Responsibilities You represent and warrant that:
you have obtained and will maintain all necessary rights, consents, and authorizations to collect, use, and disclose Customer Data (including driver identification documents, licenses, contact details, and payment details) in connection with the Service; and
your provision and use of Customer Data in connection with the Service will not violate any applicable laws or third-party rights.
6.5 Data Processing Addendum (DPA)
If required by applicable law or reasonably requested by you, the parties will enter into a separate data processing addendum governing our processing of personal data on your behalf, including security measures, subprocessors, and cross-border transfers, which will be incorporated into and form part of these Terms.
6.6 Security
We implement reasonable and appropriate technical and organizational measures designed to protect Customer Data against unauthorized access, use, or disclosure. However, no method of transmission over the internet or method of electronic storage is completely secure. You acknowledge that there is inherent residual risk in transmitting and storing data online.
6.7 Data Retention After Termination Following expiration or termination of
your Subscription, we may retain Customer Data for a commercially reasonable period (typically up to 60 days) to permit you to export or retrieve it, unless we are legally required to retain it for a longer period or to delete it sooner. After such period, we may delete or anonymize Customer Data in our systems in accordance with our standard data retention practices. We have no obligation to retain Customer Data beyond such period.
7) Acceptable Use (Prohibited Activities)
You agree not to, and not to permit any third party (including Authorized Users) to:
use the Service for any unlawful purpose or in violation of any applicable law or regulation;
attempt to bypass or circumvent any security or access control in the Service, gain unauthorized access to other tenants' data or systems, or probe, scan, or test the vulnerability of the Service or any related network;
reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Service, except to the limited extent expressly permitted by applicable law notwithstanding a contractual prohibition;
copy, frame, mirror, modify, or create derivative works of the Service, except as expressly allowed under these Terms or the Documentation;
upload, store, or transmit any viruses, malware, or other malicious or harmful code through the Service;
use the Service to send unsolicited or abusive communications (including spam, phishing, or harassing messages);
scrape, harvest, or mass-collect personal data or other information from or via the Service in violation of applicable laws or third-party rights;
misuse messaging or communications integrations (for example, WhatsApp or SMS) in violation of the policies, terms, or guidelines of the relevant provider; or
use the Service in a manner that infringes, misappropriates, or otherwise violates any third party's intellectual property, privacy, or other rights.
We may investigate suspected violations and, where appropriate, suspend or terminate Accounts or access to the Service for prohibited use.
8) Third-Party Services and Integrations
8.1 Third-Party Terms
The Service may support or rely on integrations with Third-Party Services, such as messaging platforms, payment processors, identity verification services, and mapping tools. Your use of any Third-Party Services is subject to the applicable third-party terms, conditions, and privacy policies, and you are responsible for compliance with them.
8.2 No Responsibility for Third Parties
We do not control and are not responsible for Third-Party Services, including their availability, performance, security, pricing, or practices. We are not liable for any damages or losses caused by Third-Party Services or their providers, including any outages, policy enforcement actions, or changes in functionality, pricing, or terms.
8.3 API Limits and Changes
Third-Party Services and their application programming interfaces (APIs) may change, degrade, or become unavailable. Such changes may affect the functionality of the Service. We will use reasonable efforts to adapt to such changes where commercially feasible, but we do not guarantee that any integration will remain available or unchanged.
9) Intellectual Property
9.1 Our IP
As between you and us, we and our licensors own all right, title, and interest in and to the Service, including all software, technology, user interfaces, graphics, designs, trademarks, logos, and Documentation, as well as all improvements, modifications, and derivative works thereof, whether created by or for us or suggested by you or others. Except for the limited rights expressly granted in these Terms, no other rights are granted to you, whether by implication, estoppel, or otherwise.
9.2 Feedback
If you provide us with any suggestions, ideas, feedback, or other input regarding the Service ("Feedback"), you grant us a worldwide, perpetual, irrevocable, royalty-free, transferable, and sublicensable license to use, copy, modify, create derivative works based on, and otherwise exploit such Feedback for any purpose, without any obligation or compensation to you.
10) Confidentiality
10.1 Confidential Information
During the course of the relationship, each party ("Disclosing Party") may disclose to the other party ("Receiving Party") information that is confidential or proprietary, including business, technical, financial, and product information that is either identified as confidential at the time of disclosure or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure ("Confidential Information"). Customer Data is your Confidential Information. Our non-public technical, security, and business information about the Service is our Confidential Information.
10.2 Obligations The Receiving Party will:
use the Disclosing Party's Confidential Information only as necessary to perform its obligations or exercise its rights under these Terms;
protect the Disclosing Party's Confidential Information with at least reasonable care; and
not disclose the Disclosing Party's Confidential Information to any third party except to its employees, contractors, and professional advisors who have a need to know the information for the purposes of these Terms and who are bound by confidentiality obligations no less protective than those in this Section.
10.3 Exclusions Confidentiality obligations do not apply to information that the Receiving Party can demonstrate:
is or becomes publicly available through no breach of these Terms by the Receiving Party;
was lawfully known to the Receiving Party without restriction before receipt from the Disclosing Party;
is independently developed by the Receiving Party without use of or reference to the Disclosing Party's Confidential Information; or
is lawfully received from a third party without restriction and without breach of any obligation owed to the Disclosing Party.
10.4 Compelled Disclosure
The Receiving Party may disclose Confidential Information to the extent required by law, regulation, or court order, provided that (where legally permitted) the Receiving Party gives the Disclosing Party reasonable prior notice and cooperates (at the Disclosing Party's expense) in any effort to limit or challenge the disclosure.
11) Support and Service Levels
11.1 Support
Support will be provided in accordance with the features and response times associated with your Subscription plan. Support channels (for example, in-app chat, ticketing, or email) and availability will be described in the Service or on our website. Unless otherwise specified in a written agreement, support is generally available during our standard business hours for our primary operating time zone.
11.2 No Guaranteed Uptime
Unless Stated Unless you have a separate, written service level agreement (SLA) with us that expressly provides for uptime or performance commitments, the Service is provided without any guaranteed uptime or specific performance levels. We may perform scheduled maintenance or emergency maintenance from time to time and will use reasonable efforts to provide notice of maintenance that may materially affect availability when feasible.
12) Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
Without limiting the foregoing, we do not warrant that the Service will be uninterrupted, error-free, secure, or free of harmful components, or that it will meet your specific requirements or achieve any particular results. The Service and any related Documentation are not legal, tax, or accounting advice. You are solely responsible for obtaining your own professional advice and for ensuring that your use of the Service complies with all applicable laws and regulations.
13) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
13.1 Exclusion of Certain Damages
IN NO EVENT WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA; OR FOR BUSINESS INTERRUPTION, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.
13.2 Liability Cap
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WILL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY YOU TO US FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
13.3 Scope
Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law (such as for death or personal injury caused by negligence where such limitation is prohibited by law). In such cases, our liability will be limited to the fullest extent permitted by law.
14) Indemnification
14.1 Indemnification by You You will indemnify, defend, and hold harmless the Company and its affiliates, and their respective officers, directors, employees, and contractors, from and against any third-party claims, demands, suits, or proceedings, and any related damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
Customer Data (including any alleged infringement of privacy or other rights, or any failure to comply with data protection or consumer protection laws);
your or your Authorized Users' misuse of the Service or violation of these Terms;
your rental contracts, policies, and communications with drivers, renters, or other end customers (including any messaging policy or marketing law violations); or
your failure to comply with applicable laws, regulations, or third-party terms (including those of Third-Party Services).
We will promptly notify you of any claim for which we seek indemnification (provided that failure to provide prompt notice will not relieve you of your obligations except to the extent you are materially prejudiced), and we will reasonably cooperate with you at your expense. You may not settle any claim in a manner that imposes any admission of liability or obligations on us without our prior written consent.
14.2 Indemnification
by Us (IP Infringement) We will defend you against any third-party claim alleging that your authorized use of the Service in accordance with these Terms directly infringes a valid U.S. patent, copyright, or registered trademark, and we will pay any damages and reasonable costs finally awarded by a court of competent jurisdiction or agreed in settlement that are attributable to such claim, provided that:
you promptly notify us in writing of the claim (failure to provide prompt notice will not relieve us of our obligations except to the extent we are materially prejudiced);
you give us sole control of the defense and settlement of the claim; and
you provide us with all reasonable assistance, at our expense.
If the Service is, or in our reasonable opinion is likely to become, the subject of an infringement claim, we may, at our option and expense: (a) modify the Service so that it is no longer infringing; (b) replace the Service with a non-infringing service that is substantially functionally equivalent; or (c) terminate your Subscription to the affected portion of the Service and provide a pro-rata refund of any prepaid, unused fees for the remainder of your then-current Subscription term.
Our obligations under this Section 14.2 do not apply to any claim to the extent it arises from: (i) Customer Data; (ii) your modifications to the Service; (iii) your combination or use of the Service with software, hardware, data, or processes not provided or authorized by us; or (iv) your use of the Service in breach of these Terms or outside the scope of the license granted.
THIS SECTION 14.2 SETS FORTH YOUR EXCLUSIVE REMEDIES AND OUR SOLE LIABILITY WITH RESPECT TO THIRD-PARTY INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS RELATING TO THE SERVICE.
15) Compliance and Recordkeeping
You are solely responsible for:
ensuring that your rental contracts, terms, and policies are legally valid and compliant with all applicable laws and regulations in each jurisdiction where you operate;
verifying drivers and renters (including identity, driver licenses, and eligibility), obtaining and managing appropriate insurance, handling deposits, and complying with local licensing and operational requirements; and
maintaining any records or documentation required by law or by your own policies.
The Service may assist with documentation, template generation, or workflow automation, but it does not constitute legal, insurance, compliance, or financial advice. You should consult with your own professional advisors for such matters.
16) Term and Termination
These Terms commence on the date you first create an Account or otherwise access or use the Service and continue in effect for so long as you maintain an active Subscription or use the Service.
Either party may terminate your Subscription or these Terms as expressly permitted herein. Termination of your Subscription or these Terms will not relieve you of any accrued payment obligations.
Sections of these Terms that, by their nature, should survive termination or expiration (including but not limited to ownership, confidentiality, disclaimers, limitations of liability, indemnification, governing law and venue, and general provisions) will survive and remain in effect.
17) Governing Law and Venue
These Terms and any dispute arising out of or relating to these Terms or the Service are governed by and construed in accordance with the laws of the State of New Mexico, U.S.A., without regard to its conflict-of-laws rules.
Any legal action or proceeding arising out of or relating to these Terms or the Service will be brought exclusively in the state or federal courts located in the State of New Mexico, and each party irrevocably submits to the personal jurisdiction and venue of such courts and waives any objection based on inconvenient forum.
18) Changes to These Terms
We may update or modify these Terms from time to time, for example to reflect changes in the Service, our business, or applicable law. If we make changes that we reasonably consider to be material, we will provide notice by posting the updated Terms within the Service, on our website, or by other reasonable means. Unless otherwise stated, the updated Terms will become effective on the date indicated in the "Last Updated" legend above.
Your continued access to or use of the Service after the effective date of any updated Terms constitutes your acceptance of those updated Terms. If you do not agree to the updated Terms, you must stop using the Service and, if applicable, cancel your Subscription.
19) Contact
If you have questions about these Terms or the Service, you may contact us through the support or contact channels made available within the Service or on our website for Punctum Systems Holdings LLC.
20) General Provisions
20.1 Assignment
You may not assign, transfer, or delegate these Terms or any of your rights or obligations under them, whether by operation of law or otherwise, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without your consent, including in connection with a merger, acquisition, corporate reorganization, or sale of assets. Any unauthorized assignment is void. Subject to the foregoing, these Terms are binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
20.2 Force Majeure
We will not be liable for any delay or failure to perform our obligations under these Terms to the extent caused by circumstances beyond our reasonable control, including acts of God, natural disasters, epidemic or pandemic, war, terrorism, riots, labor disputes, government actions, failures of utilities or telecommunications, or failures or delays of Third-Party Services or networks.
20.3 Notices
Notices to you may be provided via the Service (such as in-app notifications), by email to the email address associated with your Account, or by posting on our website. You agree that such electronic communications satisfy any legal requirement that communications be in writing. Notices to us must be sent using the contact or notice details made available through the Service or on our website and will be deemed given when received.
20.4 Waiver
No failure or delay by either party in exercising any right or remedy under these Terms will constitute a waiver of such right or remedy. A waiver of any right or remedy on one occasion will not be deemed a waiver of that or any other right or remedy on any other occasion. Any waiver must be in writing and signed or otherwise clearly indicated by the waiving party.
20.5 Severability
If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible, and the remaining provisions of these Terms will remain in full force and effect.
20.6 Entire Agreement
These Terms, together with any additional terms expressly referenced herein or agreed in writing between you and us (such as a data processing addendum or separate SLA, if applicable), constitute the entire agreement between you and us regarding the Service and supersede all prior or contemporaneous agreements, understandings, or representations, whether written or oral, relating to the subject matter hereof. In the event of a conflict between these Terms and any separate written agreement executed by both parties, the terms of the executed agreement will control to the extent of the conflict.
