Circa Escrow Terms

1. Definitions

• Escrow Funds: The funds (e.g., payment, security deposit) held by Circa pursuant to these Terms during a Transaction.
• Parties: The users involved in a specific Transaction utilizing the Escrow Services (e.g., an "Owner" and "Renter" in a rental transaction, or a "Seller" and "Buyer" in an exchange).
• Release Condition(s): The specific criteria, events, or confirmations agreed upon by the Parties (as facilitated by the Platform) that trigger the release of Escrow Funds.
• Transaction: An agreement between Parties facilitated by the Platform (e.g., rental, barter, exchange) for which Escrow Services are utilized.
• Dispute: A disagreement between the Parties regarding whether the Release Conditions for the Escrow Funds have been met.

2. Purpose and Scope of Escrow Services

Circa provides Escrow Services to enhance trust and security for Transactions conducted on the Platform. The primary purpose is to hold Escrow Funds securely and release them to the designated Party only when the agreed-upon Release Conditions are satisfied or a Dispute is resolved according to these Terms. Circa acts as a neutral intermediary facilitating the holding and release of these funds.

3. Initiating Escrow and Holding Funds

When Parties agree to a Transaction utilizing Escrow Services, the relevant Party (e.g., Renter, Buyer) will transfer the required Escrow Funds via the payment methods supported by the Platform. Circa (or its authorized payment processor) will hold these funds securely until a Release Condition is met. Circa is not a bank and does not pay interest on Escrow Funds.

4. Release Conditions

Escrow Funds will be released by Circa based on the occurrence of one or more of the following Release Conditions, as applicable to the specific Transaction type and as recorded via the Platform:

• Mutual Confirmation: Both Parties confirm through the Platform that the Transaction terms relevant to the escrow (e.g., item received as described, rental completed satisfactorily) have been fulfilled.
• Automated Confirmation: Successful completion based on verifiable data points tracked by the Platform (e.g., confirmation of shipment delivery via tracking number integration, expiration of an agreed-upon inspection period without a Dispute being raised).
• Dispute Resolution: A final decision reached through Circa's Dispute Resolution Process (detailed below).
• Transaction Cancellation: If a Transaction is validly cancelled according to Circa's Terms of Service or specific listing cancellation policies *before* the core obligations are performed, relevant Escrow Funds may be returned to the originating Party, potentially less applicable fees.

5. Dispute Resolution Process

If a disagreement arises between the Parties regarding the release of Escrow Funds (a "Dispute"), the following process applies:

• Initiation: A Party must formally raise a Dispute through the designated feature on the Platform within the timeframe specified for the Transaction type (e.g., within X hours/days after scheduled item return or delivery).
• Information/Evidence: Both Parties will be prompted to provide relevant information and evidence (e.g., photos, descriptions of issues, communication logs within the Platform) to support their position regarding the Release Conditions. Parties must cooperate and respond within the timeframes requested by Circa.
• Review: Circa will review the Transaction details, communication logs on the Platform, submitted evidence, and the applicable terms (including these Escrow Terms and the Terms of Service). Circa acts as a neutral arbiter based *solely* on the information available through the Platform and provided by the Parties during the dispute process. Circa does not conduct independent external investigations.
• Decision: Circa will make a final decision regarding the disbursement of the Escrow Funds based on its assessment of whether the Release Conditions were met according to the available evidence and Platform rules. This may involve releasing the funds fully to one Party, splitting the funds between Parties, or another resolution deemed appropriate based on the circumstances and evidence. Circa's decision on the release of Escrow Funds is final and binding on the Parties *with respect to the disposition of the funds held by Circa*.
• Limitations: This Dispute Resolution Process is solely for determining the appropriate release of the Escrow Funds held by Circa. It does not prevent Parties from pursuing other legal remedies against each other independently of Circa regarding the underlying Transaction or Agreement between them.

6. Escrow Fees

Circa may charge fees for providing Escrow Services ("Escrow Fees"). Any applicable Escrow Fees will be clearly disclosed to the Parties before they commit to the Transaction. Escrow Fees are typically non-refundable unless otherwise specified.

7. User Obligations

Parties using the Escrow Services agree to:

• Provide accurate and truthful information related to the Transaction and any Disputes.
• Communicate promptly and cooperatively during the Transaction and any Dispute Resolution Process.
• Abide by these Escrow Terms and the Circa Terms of Service.
• Authorize Circa to hold and release the Escrow Funds according to these Terms.

8. Limitation of Liability

• Circa's role is limited to providing the Platform and facilitating the holding and release of Escrow Funds according to these Terms. Circa does not guarantee the quality, safety, legality, or existence of items in Transactions. Circa does not guarantee the identity or actions of any user.
• Circa is not responsible for the failure of either Party to fulfill their obligations in the underlying Transaction agreement between them.
• To the maximum extent permitted by law, Circa's liability arising out of or in connection with the Escrow Services is limited to the amount of the specific Escrow Funds held for the Transaction in question. Circa shall not be liable for any indirect, incidental, consequential, special, or punitive damages.

9. Termination or Suspension of Services

Circa reserves the right to suspend or terminate access to Escrow Services for any user or Transaction if there is a violation of these Terms, the Circa Terms of Service, or if required by law or for security reasons.

10. Relationship of Parties

Circa acts as an independent facilitator providing the Escrow Services. Circa is not an agent, trustee, fiduciary, or partner of any user. The holding of Escrow Funds does not create a banking relationship or a fiduciary duty beyond the obligations expressly stated in these Terms.

11. Governing Law

These Escrow Terms shall be governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to its conflict of law principles.

12. Contact Us

If you have questions about these Escrow Terms or the Escrow Services, please contact Circa support through the Platform or email support@trycirca.com. For privacy-related inquiries regarding data associated with escrow, contact privacy@trycirca.com.