Please read these terms carefully before using BRWD services.
Version 2026-08-03
BRWD ("we," "our," or "us") operates a peer-to-peer marketplace that enables users to rent items from and to other users. By accessing or using our mobile application and services (collectively, the "Platform"), you agree to be bound by these Terms of Service.
Your agreement with us consists of these Terms of Service, our Privacy Policy, and — where it applies to you — the BRWD Lender Guarantee. If they conflict, these Terms of Service prevail, except that the Lender Guarantee prevails on the scope, limits, exclusions and procedure of the Guarantee itself. The Lender Guarantee does not increase our liability beyond the limits in section 15, and creates no entitlement to payment.
You must be at least 18 years old and capable of entering into a legally binding agreement to use our Platform. By creating an account, you represent that the information you provide is accurate and complete.
You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account. You must notify us immediately of any unauthorized use.
BRWD serves as an intermediary platform connecting Owners (who list items) and Renters (who book items). We do not own, control, or inspect items listed. Rental agreements are directly between Owners and Renters.
You keep ownership of the photographs, descriptions, reviews and other content you upload. You grant us a worldwide, non-exclusive, royalty-free, sub-licensable licence to host, store, reproduce, adapt, resize, publish and display that content for the purposes of operating, promoting and improving the Platform, and to retain it as evidence in connection with a booking or a dispute. This licence lasts as long as the content is needed for those purposes and survives the closure of your account to that extent.
You warrant that you own or are licensed to use everything you upload, that it does not infringe anyone’s rights, and that it does not show an identifiable person who has not agreed to appear.
If you believe content on the Platform infringes your intellectual property, contact us at support@brwd.app with details of the work, the content complained of, and a statement that you are the rights holder or authorised to act for them. We will remove infringing content and may terminate the accounts of repeat infringers.
Owners set rental prices and availability. Renters pay through our secure payment system (Stripe). Our fees are set out in section 8. Each listing states its cancellation policy, which forms part of the rental agreement between the Owner and the Renter.
We charge a service fee of 20% to the Renter on top of the rental price, and deduct a fee of 20% of the rental price from the Owner’s payout. Both are shown to you before you confirm a booking, and a minimum fee of €1 applies. We may change our fees, our commission structure and the way fees are calculated at any time. We will give you at least 30 days’ notice before a change takes effect, and it will not affect a booking you have already confirmed. Where you use the Platform in the course of a trade or business, we will give notice in accordance with Regulation (EU) 2019/1150.
Each listing states its cancellation policy. In addition, where an Owner cancels a confirmed booking other than for a reason we accept as exceptional, we may charge that Owner a cancellation fee of 15% of the rental amount, reflecting our reasonable costs in re-accommodating the Renter and the damage to trust in the Platform. We will tell you the amount before you confirm the cancellation. We may recover it by deducting it from any payout otherwise due to you, or by charging your saved payment method.
You authorise us to charge your saved payment method, and to set off against any amount we owe you, for: late fees under section 9; security deposit amounts under section 11; verified damage or loss claims; cancellation fees; cleaning, recovery, collection and re-delivery costs we reasonably incur; any chargeback, reversal or payment failure together with the fees our payment processor charges us for it; and any other amount properly due under these Terms. Where an amount remains unpaid we may suspend your account and instruct a collection agency, and you will be responsible for our reasonable recovery costs.
Prices shown include VAT where it applies. You are responsible for determining, declaring and paying any tax arising from your own activity on the Platform, including income tax on rental earnings. We do not provide tax advice.
By making a booking, you authorize BRWD to charge your saved payment method for late fees if you fail to return an item on time:
From the moment you take possession of an item until the Owner confirms its return through the Platform, you are responsible for it. You must:
If the item is lost, stolen, destroyed or damaged beyond fair wear and tear while you are responsible for it, you must pay the Owner the reasonable cost of repair, or — where it cannot economically be repaired, or is not returned — its fair market value immediately before the rental began. This applies however the loss or damage occurred, unless it was caused by a defect that existed before the rental, by the Owner, or by an event outside your reasonable control that you could not have prevented by taking reasonable care.
You must report any loss, theft, damage or accident through the Platform as soon as you become aware of it and in any event within 24 hours, and you must report any theft to the police and give us the crime reference number.
You authorise us to determine the amount properly due under this section on the basis of the evidence both parties provide, to collect it from your security deposit and your saved payment method, and to pay it to the Owner. Where we pay the Owner under the BRWD Lender Guarantee instead, your obligation under this section becomes owed to us up to the amount we paid, and we may recover it from you directly.
Every listing carries a refundable security deposit set by the Owner, of at least 20% of the item’s value (25% from €500, 30% from €1,000). By confirming a booking you authorise BRWD to hold or charge your saved payment method for the deposit amount. For rentals of 1–6 days the deposit is an authorisation hold — money is reserved on your card but not taken. For rentals of 7 days or more it is charged and refunded when the item is returned safely.
By completing a booking, your payment method is securely saved with Stripe. You authorize BRWD to charge this method for: future bookings, late return fees, verified damage claims, and any other fees outlined in these Terms. You may update payment methods in your account settings.
If you list an item, you represent and warrant, each time you publish a listing and each time you accept a booking, that:
If you rent an item, you represent and warrant, each time you make a booking, that:
You understand that renting and using items — including tools, machinery, sports and outdoor equipment — carries inherent risk of injury, death and property damage. You accept that risk. BRWD does not inspect, test, certify or supervise any item, and does not assess any user’s competence to use one.
Users must not:
Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or for any other liability that cannot lawfully be excluded or limited. Nothing in these Terms affects your statutory rights as a consumer.
Subject to the paragraph above, and because BRWD acts only as an intermediary and is not a party to the rental agreement between an Owner and a Renter:
Any payment we make under the BRWD Lender Guarantee is made voluntarily and at our discretion, does not constitute an admission of liability, and does not increase the limits set out in this section.
You agree to indemnify, defend and hold harmless BRWD, its officers, employees and agents against all claims, demands, proceedings, losses, damages, fines, penalties, and reasonable legal and professional costs arising out of or in connection with:
We will notify you promptly of any claim to which this indemnity applies, will not settle it without consulting you, and will give you a reasonable opportunity to participate in its defence. This indemnity does not apply to the extent the claim arises from our own negligence or wilful misconduct, and does not apply to a consumer where and to the extent applicable consumer law prevents it.
The Platform is provided on an “as is” and “as available” basis. We do not warrant that the Platform will be uninterrupted, error-free or secure, and we do not verify, endorse or inspect any item, listing, user, review or user-supplied content, except where we state otherwise in writing. We give no warranty as to the outcome of any rental.
Any dispute between an Owner and a Renter is between them. You release BRWD from all claims, demands and damages of every kind arising out of or connected with such a dispute. We may, but are not obliged to, assist in resolving it; if we do, our involvement is a goodwill service, is not binding arbitration, and does not make us a party to the rental agreement or to the dispute.
Under EU Directive 2021/514 (DAC7), we are required to collect and report certain information about users who earn income through our Platform to relevant tax authorities. This may include your name, address, tax identification number, and earnings details.
If you believe a listing, message, review or user is illegal or breaches these Terms, you can report it through the Platform or at support@brwd.app. We will consider every report in a timely, diligent, non-arbitrary and objective manner, and will tell you what we decided and why.
We may review listings and content using automated tools, human review, or both. We may remove or restrict access to any listing or content, and may suspend, restrict or terminate any account, where we reasonably believe it is illegal, unsafe, breaches these Terms, or exposes users or us to risk. Except where we are legally prevented or where the breach is serious or repeated, we will give you a statement of reasons, and you can ask us to look at the decision again as described in section 22.
We may remove a listing, cancel a booking, or contact Owners and Renters directly where we become aware that an item is subject to a recall or safety notice, or is otherwise unsafe. You agree we may pass your contact details to a market surveillance authority or to a manufacturer where product-safety law requires it. If you become aware that an item you listed or rented is subject to a recall or is unsafe, you must tell us immediately at support@brwd.app.
If you use the Platform in the course of a trade, business, craft or profession, you must tell us, and you must give us — and keep current — your name, postal address, telephone number, email address, payment account details, trade register and registration number where you have one, and a self-certification that you will offer only items that comply with applicable EU law. We may suspend your listings until you do. You are responsible for complying with consumer law in your dealings with Renters, including their rights of withdrawal and to a legal guarantee, and for identifying yourself to them as a trader.
We may suspend or terminate accounts that violate these Terms. You may delete your account at any time from Settings > Legal and your data, provided you have no rentals in progress, unreleased deposits or open disputes. Deletion permanently removes your personal data, except for rental and payment records we are required to keep for 7 years under EU tax law (DAC7) and a record of the terms you accepted.
We may suspend your account, cancel or refuse bookings, remove listings, and withhold any payout immediately and without prior notice where we reasonably suspect fraud, illegality, a risk to the safety of a user or an item, a serious or repeated breach of these Terms, or where we are required to do so by law or by a payment processor, regulator or court. We will restore access, and release any withheld amount properly due, if our investigation does not substantiate the concern.
On termination: bookings not yet started are cancelled; bookings in progress must still be completed, and sections 9, 10 and 11 continue to apply to them; and we will pay you any amount due to you once all live bookings are closed, all deposits released and all outstanding amounts settled. If we terminate your account for breach, you must not create another without our written agreement, and we may close any account we believe you have created in breach of this.
These Terms and any non-contractual obligation arising out of or in connection with them are governed by Spanish law. If you use the Platform as a consumer resident in another EU or EEA state, this choice does not deprive you of the protection of any mandatory provision of the law of your country of habitual residence.
Before starting any legal proceeding, you agree to contact us at support@brwd.app with a written description of the dispute and the outcome you are seeking, and to allow us 30 days to try to resolve it. This does not prevent either of us from seeking urgent injunctive relief.
If we remove a listing, restrict content or suspend an account, we will tell you why through the support chat in the app. You can reply to that message, free of charge, to ask us to look at the decision again; a member of our support team will review it and answer you. We deal with these requests promptly, diligently and without discriminating between users. This is our own review process — we do not operate a formal internal complaint-handling system of the kind described in Article 20 of Regulation (EU) 2022/2065 (the Digital Services Act).
We are not signed up to any certified out-of-court dispute settlement body and we do not undertake to use one. Nothing in these Terms affects your right to take a dispute to court, or your right as a consumer to contact the consumer authority where you live — in Catalonia, the Agència Catalana del Consum; elsewhere in Spain, the consumer body of your Autonomous Community.
If you use the Platform in the course of a trade, business, craft or profession, the courts of Barcelona, Spain have exclusive jurisdiction over any dispute arising out of or in connection with these Terms. If you use the Platform as a consumer, the courts having jurisdiction are those determined by applicable law, which will normally be the courts of the place where you are domiciled.
To the fullest extent permitted by applicable law, disputes will be resolved on an individual basis and not as a claimant or class member in any purported class or representative proceeding. This paragraph does not apply to a representative action brought by a qualified entity under Directive (EU) 2020/1828, and does not apply where applicable law prevents it.
We may update these Terms. Where a change is material, we will notify you and ask you to review and accept the new version in the app before you make or accept another booking, or publish another listing. Each version carries its own date, and we keep a record of which version you accepted and when.
If any provision of these Terms is found to be invalid, unlawful or unenforceable, it will be severed and the remaining provisions will continue in full force. Where a provision would be valid if part of its wording were deleted or its scope reduced, it applies with whatever modification is necessary to make it valid and enforceable.
Sections 10, 13, 15, 16, 17, 18, 22 and 24 survive the termination of your account or of these Terms.
We are not liable for any failure or delay in performing our obligations caused by an event outside our reasonable control, including acts of God, war, terrorism, civil unrest, epidemic, industrial action, failure of a telecommunications or hosting provider, failure of a payment processor, or the act or order of a government or regulator.
Nothing in these Terms creates a partnership, joint venture, agency or employment relationship between us and you, or between users. You have no authority to bind us or to hold yourself out as doing so.
You may not assign or transfer your rights or obligations under these Terms. We may assign or transfer ours to any group company or to any person acquiring our business, provided this does not reduce your rights.
These Terms, the Privacy Policy and — where it applies — the Lender Guarantee are the entire agreement between us about your use of the Platform, and replace any earlier understanding. Nothing in this section limits liability for fraud or fraudulent misrepresentation, or affects your rights as a consumer.
We may give you notice by email to the address on your account, by in-app message, or by push notification, and it takes effect when sent. You give us notice at support@brwd.app.
We publish these Terms in Spanish, English and Catalan. In the event of any inconsistency, the Spanish version prevails, except where mandatory law in your country of residence provides otherwise.
For questions about these Terms, please contact us at support@brwd.app