Insurance Disclaimer

momentarily does not provide insurance of any kind. We are not an insurance company. We do not offer a protection plan, a coverage program, a guarantee, or a damage waiver, and we do not insure items, owners, borrowers, or anyone else. If an item is lost, stolen, or damaged, or if someone is hurt during a rental, momentarily does not pay for it.

When you book an item, the rental agreement is between the owner and the borrower. momentarily runs the marketplace around it: listings, search, messaging, payment processing through Stripe, and a place to report problems. We never take possession of an item and we are not a party to your rental.

The only money mechanism momentarily operates for damage is the optional security deposit, and a deposit is not insurance. Precisely what it is:

• The owner decides whether their listing has a deposit and how large it is — anywhere from nothing at all up to $25,000. Many listings have no deposit. If a booking has no deposit, there is nothing for an owner to claim against through momentarily.
• A deposit is an authorization hold placed on the borrower's card at pickup, not a payment. On a clean, on-time return it is released in full and nothing is charged. Money comes out of it for a late fee or a damage claim the owner files — or as the outcome of a dispute review under Terms Section 22.
• An owner can file a damage claim within 48 hours of the item being marked returned, with an amount and a description of the damage. Supporting photos are requested during the review.
• Everything collected for a booking — late fee, damage claim, or both together — is capped at that booking's deposit amount. That cap holds no matter what the item was worth, how badly it was damaged, or how long it was out.
• Filing a claim captures the money immediately, before anyone reviews it — from the deposit hold, or from the borrower's saved card if the hold has expired. momentarily reviews the claim afterwards, based on what both sides submit. If the claim is rejected or reduced, the captured amount is refunded to the borrower. That is a marketplace decision about a deposit. It is not an insurance determination, and it is not a legal ruling about who owes what. The full sequence is on the Deposit & Damage Policy.

If you own items, you are responsible for them. Before you list anything:

• Only list items you own, or that you are otherwise allowed to lend out for money.
• Make sure the item is safe to use, in working order, not subject to a recall, and legal to rent out. Some things can never be listed — see Prohibited Items.
• Describe it honestly, including wear, defects, and anything a borrower needs to know to use it safely. Include instructions where they matter.
• Check your own insurance before you list. Homeowner's, renter's, and auto policies commonly exclude property that is rented out for money, or treat it as business use. Ask your insurer or agent whether lending your item is covered, and what would happen if a borrower were injured using it. Your lease, HOA rules, and the item's manufacturer warranty may also restrict renting it out.
• momentarily does not provide, arrange, verify, or pay for any of that coverage. Whether you carry insurance is entirely up to you.

If you borrow items, you are responsible for the item from the moment you pick it up until it is back with the owner:

• Loss, theft, and damage while the item is with you are your responsibility, and can be collected from the security deposit up to the deposit amount.
• The deposit is the limit of what momentarily can collect for the owner. It is not a limit on what you can owe. If the damage exceeds the deposit, the owner can ask you for the difference directly.
• Use the item safely and lawfully, follow the owner's instructions and the manufacturer's guidance, and don't use it for anything it isn't built for.
• Don't lend the item on to anyone else. If you let someone else use it, you are responsible for what they do with it and for getting it back.
• You take on the risk of using the item, including the risk of injury to yourself and to other people.
• Check the item with the owner at pickup. If it doesn't match the listing or doesn't work, report the issue from the booking page in the app during your issue-report window — see the Cancellation & Refund Policy.

If someone brings a claim against momentarily because of your listing, your rental, or your conduct, the indemnity in Terms & Conditions Section 19 applies.

momentarily doesn't inspect, test, clean, repair, or take possession of anything listed. We don't verify that an item is safe, in working order, legal to rent out, or that the person listing it owns it. Members write their own listings, set their own prices and deposits, take their own photos, and arrange their own handoffs.

Members verify a phone number before they can list or book, which shows an account has a working number behind it. That is not an identity check. We do not run background checks, criminal-record checks, or reference checks on anyone, and a verified phone number tells you nothing about whether a person is trustworthy.

So, plainly: renting through momentarily carries risk, and that risk sits with the owner and the borrower. THE SERVICE AND EVERY ITEM LISTED ON IT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Except where the law says otherwise, momentarily is not liable for:

• the condition, safety, quality, legality, or ownership of any item listed or rented;
• what other members do or fail to do, on or off momentarily — including no-shows, late returns, refusing to return an item, theft, or fraud by a member;
• injury, death, or property damage arising from a rental or from the use of a borrowed item;
• loss of or damage to an item, beyond what the deposit mechanism described above can actually collect; or
• indirect, incidental, special, consequential, or punitive damages, or lost profits, lost income, or lost data.

Where momentarily is liable, the limit of our liability is the one set out in Terms & Conditions Section 7 (Limitations). This page does not state a separate limit, and nothing on it should be read as one.

None of this limits momentarily's liability for our own fraud, our own intentional misconduct, our own gross negligence, or for death or personal injury caused by our negligence. Nor does anything here ask you to give up a right that cannot be given up under California law — including California Civil Code section 1668, the Song-Beverly Consumer Warranty Act (Civil Code sections 1792 and 1795.5), which makes the implied warranties on goods leased to a consumer non-waivable, and the Consumers Legal Remedies Act (Civil Code section 1750 and following), which section 1751 makes non-waivable. The warranty disclaimer above does not apply where those laws say it cannot. If any limit on this page turns out to be unenforceable, it applies only as far as the law allows, and the rest of the page still stands.

Our review of a deposit claim doesn't stop you and the other member from settling things between yourselves, and it doesn't take away any legal remedy either of you has against the other, including small claims court.

Our Terms & Conditions also address these topics — see Limitations and Liability and Indemnity. This page is written to work alongside them. If anything here conflicts with the Terms, the Terms control, except on the mechanisms Section 28 expressly delegates to the specific policy pages.