Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your use of the ToolShed platform operated by Envalt LLC (d/b/a ToolShed) ("ToolShed," "we," "us," or "our"), including our mobile application and website at toolshed.cc (collectively, the "Platform"). By creating an account, checking a box indicating your agreement, or using the Platform, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference.

PLEASE READ SECTION 20 (BINDING ARBITRATION; CLASS ACTION AND JURY TRIAL WAIVER) CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, REQUIRES INDIVIDUAL ARBITRATION OF MOST DISPUTES, AND WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS. YOU MAY OPT OUT WITHIN 30 DAYS AS DESCRIBED IN THAT SECTION.

2. Eligibility

By using the Platform, you represent and warrant that:

• You are at least 18 years of age
• You are a resident of the United States or one of its territories (Puerto Rico, Guam, US Virgin Islands, American Samoa, or the Northern Mariana Islands)
• You have the legal capacity to enter into these Terms
• You are not barred from using the Platform under any applicable law

ToolShed is currently offered only to United States residents. We do not provide services to users outside the United States. If you are not a US resident, you may not create an account or use the Platform.

3. Your Account

You are responsible for:

• Maintaining the security of your account credentials
• All activity that occurs under your account
• Providing accurate, current, and complete information in your profile
• Notifying us immediately of any unauthorized use of your account

You may not create multiple accounts, impersonate others, or use another person's account without authorization. You may not transfer or assign your account to anyone else.

4. Identity Verification

To help keep the marketplace safe and to comply with our payment provider's requirements, we may require you to verify your identity before you list a tool, receive payouts, or complete certain rentals. Identity verification is performed by our third-party providers (including Stripe Identity), which may collect a government-issued identification document, your date of birth, and related information. We may suspend or limit your account if verification cannot be completed. We do not control, and are not responsible for, the identity-verification decisions of our providers.

5. The ToolShed Platform; Our Role

ToolShed is a marketplace that connects tool owners ("Lenders") with people who want to rent tools ("Renters"). ToolShed is a neutral venue only. We are not a party to any rental agreement between Lenders and Renters, and we are not a lender, borrower, lessor, bailee, broker, agent, insurer, or any other participant in the transaction. The rental agreement is solely between the Lender and the Renter.

We do not own, control, inspect, deliver, or manage any tool listed on the Platform. We do not guarantee the condition, quality, safety, legality, or suitability of any tool, listing, or user. Any information we display (including ratings, listing details, and estimated locations) is provided by users, and you are solely responsible for evaluating tools and users and for deciding whether to enter into any rental.

6. Lender Obligations

As a Lender, you agree to:

• List only tools that you own or have the legal right to rent
• Provide accurate descriptions, photographs, and pricing
• Inspect each tool and ensure it is in safe, working condition before each rental, including that guards, safety features, and required accessories are present and functional
• Disclose any known defects, hazards, required protective equipment, or special operating requirements
• Respond to booking requests within 24 hours
• Make the tool available for the agreed rental period
• Comply with all applicable laws, including any licensing, registration, or safety requirements that apply to your tools

7. Renter Obligations

As a Renter, you agree to:

• Use tools only for their intended purpose and only if you are competent to operate them safely
• Inspect each tool before use and not use any tool that appears damaged, unsafe, or unsuitable
• Follow all safety guidelines, manufacturer instructions, and applicable laws, and use all required protective equipment
• Return the tool in the same condition you received it, normal wear and tear excepted
• Return the tool on time
• Not sublease, lend, or allow any third party to use the tool
• Report any damage, malfunction, safety concern, loss, or theft immediately

8. Assumption of Risk; Safe Use of Tools

Tools and equipment can be dangerous and can cause serious bodily injury, death, or property damage if used improperly, if defective, or even when used correctly. You understand and voluntarily accept these risks.

By renting, handling, transporting, or using any tool through the Platform, you acknowledge and agree that:

• You assume all risks associated with the tool and its use, including risks of injury, death, and property damage to you and to others
• You are responsible for determining whether you are qualified and physically able to operate a tool safely, and for using appropriate protective equipment
• You will inspect each tool before use and will not use any tool that is damaged, unsafe, missing safety features, or beyond your ability to operate safely
• ToolShed does not train users, does not supervise rentals, and does not inspect tools

To the fullest extent permitted by law, you release ToolShed from, and agree not to hold ToolShed responsible for, any injury, death, loss, or damage arising from the condition or use of any tool obtained through the Platform. This release applies to claims based on ordinary negligence. It does not apply to gross negligence, recklessness, or intentional misconduct, or to any liability that cannot be waived under applicable law.

9. Fees and Payments

• Renters pay a service fee of 10% of the rental price, shown as a separate line item before checkout.
• Lenders pay a platform commission of 7.5% of the rental price, deducted from the payout. This commission helps fund payment processing, platform services, and ToolShed's limited Damage Guarantee (up to $500 per rental; see Section 11).
• Applicable sales tax is calculated at checkout via Stripe Tax.
• Buy-Now purchases (where a Lender offers a tool for outright sale) are subject to a 5% platform fee.

All payments are processed by Stripe. Payment processing services are provided by Stripe and are subject to the Stripe Services Agreement and, for Lenders who receive payouts, the Stripe Connected Account Agreement (each, as may be updated by Stripe). By receiving payouts, Lenders agree to be bound by the applicable Stripe agreements, and you authorize ToolShed to share information about you and your transactions with Stripe as needed to provide payment services. As between the Lender and the Renter, the Lender is the merchant of record for the rental or sale; ToolShed acts only as the Lender's limited payment-collection agent for the purpose of accepting payments on the Lender's behalf.

Lender payouts are typically released 2-3 business days after a rental is completed. Prices are set by Lenders in US dollars. You are responsible for your own taxes. Lenders are responsible for reporting and paying any income tax on their earnings; where required, tax forms (such as IRS Form 1099-K) may be issued through Stripe. We may modify our fees with at least 30 days' notice.

10. Cancellations and Refunds

• Pending bookings: either party may cancel free of charge before the booking is confirmed.
• Confirmed bookings (Renter cancels): full refund if cancelled at least 24 hours before the rental start; otherwise the Lender's cancellation policy applies.
• Confirmed bookings (Lender cancels): full refund to the Renter in all cases.
• Tool not provided: full refund plus a potential platform credit.

Refunds are issued through Stripe and typically post within 5-10 business days.

11. Security Deposits; Damage, Loss, and Theft; Limited Damage Guarantee

Renters are responsible for damage to, loss of, or theft of a tool that occurs during the rental period. To secure this responsibility, ToolShed may authorize a refundable security deposit (an authorization hold) on the Renter's payment method based on the tool's stated replacement value and the Renter's trust tier. The hold is released after a clean return and is captured only if a damage claim is approved.

If a tool is damaged, lost, or stolen, the Renter must report it immediately, and the Lender may file a claim with supporting evidence within 72 hours of the rental being completed. ToolShed facilitates resolution and may make a determination based on the available evidence.

The Limited Damage Guarantee is not insurance. These Terms are not an insurance contract. The Limited Damage Guarantee is not insurance and is not an offer to insure, and it does not take the place of, and is not a substitute for, any insurance that you have obtained or can obtain. ToolShed is not an insurer, and Renters remain primarily responsible for damage, loss, or theft. We strongly encourage all users to maintain their own insurance.

As a discretionary benefit funded by ToolShed (and not an insurance policy), for eligible accidental physical damage reported within 72 hours of a rental's completion, ToolShed will reimburse the Lender up to the tool's stated replacement value, capped at $500 per rental, subject to the tiers, eligibility conditions, and exclusions described in our Damage Protection policy at toolshed.cc/protection. Theft, loss, normal wear and tear, pre-existing damage, consumable items, and intentional damage are excluded. ToolShed may deny a claim in whole or in part, in its reasonable discretion, if you have not complied with these Terms, the Damage Protection policy, or our other policies. Amounts recovered from a security deposit reduce any Guarantee payout accordingly. If a loss exceeds $500, the Lender may pursue the Renter directly for the difference, and ToolShed will share relevant booking and condition records on request.

12. Disputes Between Users; Release

Rentals are agreements between Lenders and Renters, and disputes that arise from them are between those users. ToolShed may, but is not obligated to, help resolve disputes; when we do, we may issue a full or partial refund, apply a platform credit, capture or release a security deposit, or take no action, and our decision is final for disputes resolved through the Platform.

To the fullest extent permitted by law, you release ToolShed and our affiliates from any claims, demands, and damages of every kind arising out of or connected with any dispute between you and another user, or with the acts or omissions of any user or third party. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party."

13. Prohibited Items and Conduct

You may not list, rent, sell, or use the Platform in connection with:

• Weapons, firearms, ammunition, or explosives
• Illegal substances or drug paraphernalia
• Stolen items, or items you do not have the legal right to rent or sell
• Recalled or known-unsafe items
• Vehicles or items that require a special license to operate, unless clearly and lawfully disclosed
• Any item whose rental is prohibited by law

You also agree not to: use the Platform for any illegal purpose; harass, threaten, or harm others; post misleading, fraudulent, or infringing content; circumvent our payment system or take transactions off-platform; scrape, reverse engineer, or interfere with the Platform; or attempt to gain unauthorized access to any account or system.

14. Your Content; License; Reviews

You retain ownership of the content you post (including listings, photographs, reviews, and messages). You grant ToolShed a non-exclusive, worldwide, royalty-free, sublicensable license to host, use, reproduce, modify, display, and distribute your content in connection with operating, marketing, and improving the Platform. You represent that you have the rights necessary to grant this license.

Reviews must be honest and based on your actual experience. We may remove content that violates these Terms, our policies, or applicable law.

15. Intellectual Property; Copyright

The Platform, including our software, trademarks, logos, and design, is owned by ToolShed and protected by intellectual-property laws. Except for the license granted to you to use the Platform, we grant you no rights in our intellectual property.

We respect intellectual-property rights and respond to notices of alleged infringement under the Digital Millennium Copyright Act (DMCA). If you believe content on the Platform infringes your copyright, send a notice with the information required by 17 U.S.C. Section 512(c)(3) to legal@toolshed.cc. We may remove infringing content and terminate repeat infringers.

16. Suspension and Termination

You may delete your account at any time from Profile > Account > Delete Account. We may suspend or terminate your account or access, with or without notice, if you violate these Terms or the law, engage in fraud or abuse, create risk or legal exposure for us or other users, or are the subject of repeated or serious reports. Sections that by their nature should survive termination (including Sections 8, 11, 12, 17-23) survive.

17. Disclaimers

THE PLATFORM AND ALL TOOLS, LISTINGS, CONTENT, AND SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, TOOLSHED DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY TOOL IS SAFE, FUNCTIONAL, OR FIT FOR YOUR INTENDED USE. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above may not apply to you.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TOOLSHED AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY PERSONAL INJURY, DEATH, PROPERTY DAMAGE, LOST PROFITS OR REVENUE, LOSS OF DATA, OR SERVICE INTERRUPTION, ARISING OUT OF OR RELATING TO THE PLATFORM OR ANY TOOL, WHETHER BASED IN CONTRACT, TORT, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE PLATFORM WILL NOT EXCEED THE GREATER OF (A) THE TOTAL FEES YOU PAID TO TOOLSHED IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100). Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.

19. Indemnification

You agree to indemnify, defend, and hold harmless ToolShed and our affiliates, officers, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to: your use of the Platform; your tools, listings, or rentals; your content; your violation of these Terms or applicable law; or your violation of the rights of any third party.

20. Binding Arbitration; Class Action and Jury Trial Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND TOOLSHED TO RESOLVE MOST DISPUTES THROUGH INDIVIDUAL BINDING ARBITRATION RATHER THAN IN COURT, AND IT WAIVES CLASS ACTIONS AND JURY TRIALS.

Agreement to arbitrate. You and ToolShed agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Platform (a "Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules, and not in court, except as stated below. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

Exceptions. Either party may bring an individual claim in small-claims court if it qualifies. Either party may seek injunctive or equitable relief in court to protect its intellectual property or confidential information. Nothing here prevents either party from reporting conduct to a government agency.

Class action and jury waiver. You and ToolShed agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any class or representative proceeding. You and ToolShed waive any right to a jury trial.

30-day right to opt out. You may opt out of this arbitration agreement within 30 days of first accepting these Terms (or this Section, if newly added) by emailing legal@toolshed.cc with your name, the email on your account, and a clear statement that you opt out of arbitration. Opting out will not affect any other part of these Terms.

Delegation and severability. Disputes about the interpretation, scope, enforceability, or formation of this arbitration agreement are for a court to decide. If the class-action waiver is found unenforceable as to a particular claim, that claim will proceed in court, but the rest of this Section remains in effect. If this Section is found unenforceable in its entirety, any Dispute will be resolved in the courts identified in Section 21.

21. Governing Law and Venue

These Terms are governed by the laws of the State of Wyoming, without regard to its conflict-of-law rules. To the extent any Dispute is not subject to arbitration, it will be brought exclusively in the state or federal courts located in Wyoming, and you consent to their jurisdiction and venue.

22. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms and updating the effective date, and, where appropriate, by requiring you to accept the updated Terms before continuing to use the Platform. Your continued use of the Platform after changes take effect constitutes acceptance of the updated Terms.

23. General Provisions

• Entire agreement. These Terms and the policies referenced in them are the entire agreement between you and ToolShed regarding the Platform and supersede any prior agreements.
• Severability. If any provision is found unenforceable, the rest remains in effect, and the unenforceable provision will be enforced to the maximum extent permitted.
• No waiver. Our failure to enforce any provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent; we may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
• Notices and electronic communications. You consent to receive communications from us electronically, including by email and in-app notice, and agree that electronic communications satisfy any legal requirement that a communication be in writing.
• Relationship. No agency, partnership, joint venture, or employment relationship is created by these Terms.

24. Contact Us

If you have questions about these Terms, contact us at:

• Email: legal@toolshed.cc
• Website: toolshed.cc