ToolShare Terms of Service

Effective date: October 13, 2026

Welcome to ToolShare. These Terms of Service ("Terms") are a legal agreement between you and Macy Kirkland, doing business as ToolShare ("ToolShare," "we," "us," or "our"). They govern your use of the ToolShare website at https://trytoolshare.com and any related apps and services (together, the "Service").

Please read these Terms carefully. They contain important provisions, including an assumption of risk (Section 10), a disclaimer of warranties (Section 11), a limitation of liability (Section 12), and an agreement to resolve disputes through individual arbitration or small claims court, including a class-action waiver (Section 21). These provisions affect your legal rights.

1. Acceptance of These Terms

You accept these Terms when you create an account, list a tool, book a rental, or otherwise use the Service. If you do not agree, do not use the Service. Our Privacy Policy and any rules or policies we post on the Service are part of these Terms.

2. Eligibility and Accounts

3. ToolShare Is a Marketplace Only

ToolShare is an online platform that connects people who want to rent out their tools ("Owners") with people who want to rent them ("Renters"). Owners and Renters together are "Users."

ToolShare does not own, rent, sell, inspect, repair, maintain, store, deliver, or control any tool listed on the Service, and is not a party to any rental agreement between Users. When an Owner and a Renter agree to a rental, the contract is directly and only between them. ToolShare is not:

We do not run background checks on Users and we do not inspect tools. Any verification features, badges, or reviews are informational only. They are not an endorsement or a guarantee. You are responsible for using your own judgment before you list, rent, hand over, or use any tool and before you meet anyone.

4. Owner Responsibilities

If you list a tool, you represent and agree that:

  1. Ownership and authority. You own the tool or have the legal right to rent it out. It is not stolen, subject to a lien that prohibits rental, or borrowed from someone who has not given permission.
  2. Safe working condition. The tool is clean, properly maintained, and in safe working order, with all guards, shields, safety switches, and other safety features installed and working. You will not list any tool that is subject to an open safety recall that has not been fixed, or that you know or reasonably should know is defective or dangerous.
  3. Accurate listing. Your listing, including photos, description, condition, included accessories, price, availability, and pickup location, is accurate, current, and not misleading. You will disclose any known defects, quirks, or special handling requirements.
  4. Manuals and safety information. You will provide the manufacturer's operating manual and safety instructions (in print, or a link or copy) and any fuel, power, or accessory requirements. For specialty or heavy equipment, you will also give a basic orientation at pickup if the Renter asks for one.
  5. Legal compliance. You will comply with all laws that apply to you as an Owner, including tax obligations (such as reporting rental income and, where applicable, sales tax), consumer protection laws, and any rules for registration, titling, or trailering of equipment.
  6. Insurance. You are responsible for deciding whether your own insurance covers renting out your tools. Many homeowner's and renter's policies do not cover rental use. ToolShare does not provide insurance for Owners, Renters, or tools.
  7. Condition records. We strongly recommend that you take dated photos or video of the tool, including its condition and any hour meter, at pickup and again at return.
  8. Honoring bookings. You will honor confirmed bookings, have the tool available at the agreed time and place, and respond to Renter messages promptly.

Specialty and heavy equipment. If you list specialty or heavy equipment (such as stump grinders, concrete grinders, mini excavators, trenchers, log splitters, or similar powered equipment), you are responsible for setting any extra requirements you think are appropriate. These might include proof of experience, a demonstration at pickup, a suitable towing vehicle and trailer, or proof of insurance. You may decline any Renter you do not believe can operate the equipment safely.

5. Renter Responsibilities

If you rent a tool, you agree that:

  1. Competent use. You are trained, experienced, and physically able to operate the tool safely, or you will not use it. You will read and follow the manufacturer's manual, safety instructions, and any instructions from the Owner. You will use the tool only for its intended purpose.
  2. Safety gear. You will use all appropriate personal protective equipment (for example, eye and ear protection, gloves, steel-toed boots, respirators or dust masks, and hard hats) and keep bystanders, children, and pets at a safe distance.
  3. Licenses, permits, and utility locates. You will get any licenses, permits, or approvals required for your project or for operating or transporting the tool. Before any digging, trenching, grinding, or excavation, you will contact 811 (Sunshine 811 in Florida) to have underground utilities located, as required by law. You will not operate any tool while impaired by alcohol, drugs, medication, or fatigue.
  4. Transport. You are responsible for safely loading, securing, and transporting the tool, including having a vehicle, hitch, and trailer rated for the load where needed.
  5. No sub-renting or lending. Only you, or a competent adult you directly supervise, may use the tool. You will not sub-rent, lend, sell, pawn, or otherwise transfer the tool.
  6. Return on time and in the same condition. You will return the tool on time, at the agreed place, clean, and in the same condition as when you received it, except for normal wear and tear. "Normal wear and tear" means the minor, expected wear from proper use for the rental period. It does not include breakage, misuse, neglect, or loss. Consumables (such as fuel, blades, or bits) must be returned as agreed with the Owner.
  7. Stop if unsafe. If a tool seems damaged, unsafe, or is not working properly, you will stop using it immediately and tell the Owner.

6. Bookings, Payments, and Fees

7. Stripe Terms

Payment processing services for Owners are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Services Agreement (together, the "Stripe Services Agreement"). By listing tools or receiving payouts through ToolShare, you agree to be bound by the Stripe Services Agreement, as Stripe may modify it from time to time. As a condition of ToolShare enabling payment processing services through Stripe, you agree to give ToolShare accurate and complete information about you and your business, and you authorize ToolShare to share it and transaction information related to your use of the payment processing services provided by Stripe.

Renters' payments are also subject to Stripe's applicable terms and privacy policy. ToolShare is not responsible for errors, outages, or decisions made by Stripe or your bank.

8. Cancellations, Refunds, and Late Returns

The defaults below apply unless the listing clearly states a different cancellation policy set by the Owner.

Cancellation by a Renter:

When the Renter cancels Refund to Renter
48 hours or more before the rental start time Full refund of the rental price and the service fee, plus any deposit
Between 24 and 48 hours before the rental start time 50% refund of the rental price
Less than 24 hours before the start time, or no-show No refund

Cancellation by an Owner: If an Owner cancels a confirmed booking for any reason, the Renter receives a full refund, including any ToolShare fees. Owners who cancel repeatedly or without good reason may lose visibility in search, or have their account suspended.

Tool not as described or not available. If the Owner does not show up, or the tool is materially different from the listing, missing essential parts, or not in safe working condition at pickup, the Renter should not accept or use it and should report the issue to ToolShare through the Service within 24 hours of the scheduled pickup. In these cases, we may issue a full or partial refund at our reasonable discretion.

Early returns. Unless the Owner agrees otherwise, there is no refund for returning a tool early.

Refund timing. Approved refunds are returned to the original payment method. Banks usually post them within 5–10 business days.

Cancellation by ToolShare. We may cancel a booking if we reasonably believe it involves fraud, a safety concern, or a violation of these Terms. If we do, the Renter will receive an appropriate refund.

Late returns. If a Renter does not return a tool by the agreed return time:

9. Damage, Loss, Theft, and Disputes Between Users

10. Assumption of Risk and Safety Disclaimer

Tools, and especially power tools and specialty or heavy equipment, are dangerous. Using, transporting, or handling them can cause serious injury, permanent disability, death, and damage to property, including underground utilities. These risks exist even when a tool is in good condition and used properly, and they may come from equipment failure, defects, lack of instructions, user error, or the actions of others.

By using the Service, you understand these risks and voluntarily assume all of them, whether known or unknown, arising from listing, renting, transporting, using, or handling any tool, or from meeting other Users. ToolShare does not provide safety training, supervision, or equipment inspection. Any safety information on the Service is general information only and does not replace the manufacturer's instructions, professional training, or your own judgment.

To the fullest extent permitted by law, you release ToolShare and its owner, employees, contractors, and agents from any and all claims, demands, and damages (including for personal injury, death, and property damage) arising out of or relating to any tool, rental, or interaction between Users, including claims based on ToolShare's ordinary negligence. If you are a California resident, you waive California Civil Code § 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." You waive any similar law of any other state as well.

11. Disclaimer of Warranties

THE SERVICE, AND ALL LISTINGS, TOOLS, AND CONTENT ON IT, ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND. To the fullest extent permitted by law, ToolShare disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, safety, and any warranties arising from course of dealing or usage of trade. ToolShare makes no warranty about any tool, its condition, safety, or suitability, or about any User. We do not warrant that the Service will be uninterrupted, secure, error-free, or that listings, maps, locations, or other content are accurate. Some jurisdictions do not allow the exclusion of implied warranties, so some of these exclusions may not apply to you.

12. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW:

  1. ToolShare and its owner, employees, contractors, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any lost profits, lost revenue, lost data, loss of use, or cost of substitute goods or services, arising out of or related to these Terms, the Service, any tool, any rental, or any interaction between Users, even if we have been advised of the possibility of those damages.
  2. ToolShare is not liable for personal injury, death, property damage, or other loss arising from any tool, rental, or the conduct of any User or third party, whether online or offline.
  3. ToolShare's total liability for all claims arising out of or relating to these Terms or the Service will not exceed the greater of (a) the total ToolShare fees you paid to ToolShare in the 12 months before the event giving rise to the claim, or (b) one hundred U.S. dollars (US $100). Amounts paid between Users (such as rental prices paid to Owners) do not count as fees paid to ToolShare.

These limitations apply to any theory of liability, whether contract, tort (including negligence), strict liability, product liability, or otherwise, and even if a limited remedy fails of its essential purpose. They are an essential part of the bargain between you and ToolShare, and the Service would not be offered without them. Some jurisdictions do not allow certain limitations, so some may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law, such as liability for ToolShare's gross negligence, intentional misconduct, or fraud.

13. Indemnification

You agree to defend, indemnify, and hold harmless ToolShare and its owner, employees, contractors, and agents from and against any claims, demands, losses, liabilities, damages, judgments, fines, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

We may take over the defense of any matter that requires indemnification, at your expense, and you will cooperate with us. You will not settle any such matter without our written consent.

14. Prohibited Items

You may not list, rent, or offer through the Service:

15. Prohibited Uses and Conduct

You agree not to:

16. Your Content and Reviews

17. Messaging Conduct

In-app messaging is provided to help Users arrange rentals, pickup, and return. When you use messaging, you agree to:

We may review, store, and use messages to operate the Service, prevent fraud, enforce these Terms, resolve disputes, and comply with law, as described in our Privacy Policy. For your safety, meet in well-lit public places when possible, bring someone with you or tell someone where you are going, and trust your instincts. If you feel threatened, contact 911 first, then report the User to us.

18. Termination and Suspension

19. Privacy

Your use of the Service is also governed by our Privacy Policy at https://trytoolshare.com/privacy, which explains how we collect, use, and share your information. By using the Service, you agree that we may share information with other Users as needed to complete a rental (for example, your name, profile, and pickup details with the other party to a booking), and with Stripe to process payments.

20. Third-Party Services

The Service may include or link to third-party services, such as Stripe, map providers, and email or text message services. We do not control them and are not responsible for their content, policies, or availability. Your use of them is subject to their own terms.

21. Governing Law and Dispute Resolution

Please read this section carefully. It affects how disputes between you and ToolShare are resolved.

22. General Terms

23. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service at least 14 days before the changes take effect, and we will update the effective date at the top. Changes will not apply to bookings confirmed before the changes take effect or to disputes that arose before the change. By continuing to use the Service after the changes take effect, you accept the updated Terms. If you do not agree, you must stop using the Service and close your account.

24. Changes to the Service

We may change, suspend, or discontinue any part of the Service at any time. We are not liable to you or anyone else for doing so, except that we will handle any confirmed bookings and amounts owed fairly.

25. Contact Us

If you have questions about these Terms, or need to send us a notice, contact:

ToolShare Email: [email protected] Website: https://trytoolshare.com

Last updated: October 13, 2026