Terms of use

1. Who we are and what Komshy is

Komshy (komshy.com) is a service of Mastris d.o.o., Ulica Ivana Rangera 58, 42000 Varaždin, Croatia, OIB 42189191205 (Komshy, we). Komshy is an online platform where users post listings to rent out their tools and equipment, and others find them and send rental requests. Komshy is not a party to the rental agreement, does not own any tools and does not handle payments.

2. Your account

You need an account to post listings and send requests and messages; you sign in with a Google or Facebook account.

• You must be at least 18.
• One person or business has one account. Other users see only your nickname, or a business's company name.
• The information you enter must be accurate. A business gives its exact company name and OIB.
• You are responsible for everything done with your account.
• By finishing your profile you accept these terms. You can delete your account at any time in your profile settings.

3. The rental agreement

The rental agreement is made by the tool's owner and the renter, directly and outside Komshy. They agree on the price, deposit, pickup, return and condition of the tool, and pay each other directly. Komshy charges no fee and processes no payments.

• Confirming a request in the app means the owner agreed to rent the tool on those days. You arrange the details by message or in person.
• Disputes about a rental are between the users. Komshy is not a party to them, but gives a competent authority the data it has when the law requires it.
• We recommend a written agreement and photos of the tool's condition at pickup and return.

4. Listings

Only someone entitled to rent out the tool or equipment may list it. A listing must truthfully describe a real item: title, description, photos, daily price and deposit. The photos must be yours, or you must be allowed to use them. By posting you give us a non-exclusive, free right to show the listing's content on Komshy and in link previews when someone shares it, for as long as the listing is published.

5. What is not allowed

You may not post or send on Komshy:

• means of transport: cars, vans, trailers, motorbikes, scooters, bicycles and boats;
• weapons, ammunition, pyrotechnics and explosives;
• drugs, medicines, poisons and hazardous chemicals;
• stolen, counterfeit, recalled, defective or dangerous items;
• items that need a licence or training to use, unless the owner checks it;
• anything that is not the rental of tools and equipment: sales, property, services, jobs, dating;
• inaccurate, misleading or repeated listings, advertising for other sites and links to them;
• offensive, threatening, discriminatory or sexual content, and harassment;
• scams, such as asking for payment in advance or for card details;
• content that breaks the law or infringes others' rights (copyright, trademarks, privacy).

6. Moderation and artificial intelligence

Every new or changed listing is checked automatically by artificial intelligence (AI). It suggests the category and flags listings that may break the rules. A listing under serious suspicion is hidden until a person reviews it. Hiding or removing content and blocking an account is always decided by a person, a Komshy administrator.

• The measures are hiding or removing a listing, hiding a message and blocking an account. A blocked user's listings are not shown, and their open requests are closed.
• We choose the measure by how serious the breach is. Repeated or serious breaches lead to a block.
• We handle reports without delay, carefully, objectively and impartially.
• If we learn of a criminal offence that threatens someone's life or safety, we tell the police at once.

7. Reporting illegal content

Report content you believe is illegal or against these terms with the "Report" button next to a listing, profile or message. Listings and profiles can also be reported without an account, with a name, an e-mail address and a statement of good faith. You can also report by e-mail to info@komshy.com: give the exact link, explain why the content is illegal, and give your name and e-mail address. We send a confirmation and our decision to that address.

8. Reasons and complaints about decisions

When we hide or remove your content or block your account, we e-mail you the reasons: the measure, the rule that was broken, what the decision rests on, and whether the automatic check played a part. If you disagree, write to us within 6 months at info@komshy.com or through Help. A person reviews the complaint and we answer without delay. You always have the right to go to court. You can also complain about how we apply the Digital Services Act to the Croatian Regulatory Authority for Network Industries (HAKOM).

9. How results are ranked

Search and category pages show every listing that matches the query and filters. Listings free on the requested days (or today, if no days are chosen) come first, and within that the nearest to the chosen place. With no place chosen, the newest follow the free ones. The query must match the title, description or category. Filters narrow the results: category, days, distance, maximum price and type of advertiser. Nobody pays for a better position, and your own listings do not appear in your search.

10. Private persons and businesses

A business's listing carries the "Business" label. A business renting to consumers must follow consumer protection law. Consumer protection law does not apply to rentals between private persons; this is also stated next to every private person's listing. For businesses as business users, also:

• We give the reasons for a restriction or block at the latest when it takes effect.
• We announce closing an account 30 days in advance, except for serious or repeated breaches and where the law requires otherwise.
• You complain about a decision like every user (section 8).

11. Taxes

Rental income is taxed under the rules of the country where the user pays tax. Users are responsible for declaring and paying their tax. Komshy does not calculate or pay tax for users.

12. Liability

Users are responsible for the tool being in working order and safe, for instructions on its use, for damage during the rental and for the content they post. Komshy does not guarantee that a tool works, that a listing is accurate or that a rental will happen. Komshy is liable for damage only if it caused it intentionally or through gross negligence, unless the law provides otherwise. We do not guarantee that the service is always available and free of errors.

13. Consumer complaints

Send a written complaint about the Komshy service to Mastris d.o.o., Ulica Ivana Rangera 58, 42000 Varaždin, Croatia, or by e-mail to info@komshy.com. We confirm receipt without delay and answer within 15 days.

14. Changes to these terms

We publish changes on this page and announce them by e-mail at least 15 days before they take effect. If you do not agree, you can delete your account before then.

15. Final provisions

Croatian law applies to these terms. A consumer keeps the protection given by the law of the country where they live. The Croatian version of these terms prevails.