Tool Squire Terms of Service

Last Updated: 19 MAY 2025

Please read these Terms of Service ("Terms") carefully before using our Service. These Terms govern your access to and use of Tool Squire LLC's website and application (collectively, the "Service"). By accessing or using the Service, you agree to be bound by these Terms.

1. Interpretation and Definitions

1.1 Interpretation

Words with capitalized initial letters have meanings defined below. These definitions apply equally whether the terms appear in singular or plural form.

1.2 Definitions

Account: A unique account created for You to access our Service.
Affiliate: Any entity that controls, is controlled by, or is under common control with Tool Squire LLC.
Application: The Tool Squire mobile app.
Buyer: A user renting tools.
Company: Tool Squire LLC, referred to as "We", "Us", or "Our".
Content: Any material including text, images, audio, video, and other information posted by users.
Device: Any device that can access the Service.
Goods: Items or services listed for rent.
Operator: Tool Squire LLC (www.toolsquire.com).
Order: A confirmed tool rental agreement.
Rental Period: The timeframe for which Goods are rented.
Seller: A user listing tools for rent.
Service: The Tool Squire website and application.
Third-party Social Media Service: Services not owned by Tool Squire but integrated into the Service.
You: The user of the Service, either as an individual or an authorized representative of a legal entity.

2. Rental of Goods

Sellers agree to rent listed Goods to Buyers for the specified Rental Period. Listings must include clear descriptions and images. Rates are set by the Seller and agreed upon at booking.

3. Goods Condition and Use

Buyers must inspect tools before use and confirm receipt in working condition (ordinary wear and tear excepted). Buyers must use tools safely, per manufacturer instructions. Tools may not be sub-rented or loaned. Prohibited uses include: Illegal activities Operating tools beyond their rated capacity Use by unauthorized/unqualified individuals

4. Loss or Damage

Buyers are responsible for any loss or damage (including theft and vandalism) during the Rental Period. Buyers must reimburse the Seller for repair/replacement, with supporting documentation provided by the Seller.

5. Assumption of Risk & Limitation of Liability for Injury or Dismemberment

By renting or using any tool via Tool Squire, you acknowledge that such activities carry inherent risks, including but not limited to injury, disfigurement, amputation, or death. You voluntarily assume full responsibility for all such risks. Tool Squire LLC, tool owners, and their affiliates, officers, employees, and contractors are not liable for any harm resulting from tool use, whether or not it follows safety guidelines. You agree to: Inspect tools before use Operate tools only if you are qualified and understand their operation Use safety gear and precautions Use tools solely for their intended purpose

6. Risk Acknowledgment & Waiver

USE OF ANY TOOL OBTAINED THROUGH TOOL SQUIRE IS ENTIRELY AT YOUR OWN RISK. By using the Service, you release and hold harmless Tool Squire LLC, tool owners, and their agents from all claims related to injury, dismemberment, or death arising from tool use. Some jurisdictions may limit the exclusion of certain liabilities. In such cases, our liability is limited to the maximum extent permitted by law.

7. Late Returns and Fees

A 15-minute grace period is allowed for tool returns. After the grace period, a 5% fee of the rental total is charged per hour, capped at 100% of the rental fee.

8. Communication and Availability

Users must maintain open communication throughout the rental process.

9. Content and Intellectual Property

9.1 Content Ownership

You retain ownership of the Content you submit to the Service. However, you grant Tool Squire a worldwide, non-exclusive, royalty-free license to use, display, reproduce, and distribute your Content.

9.2 Content Restrictions

You may not post content that is: Illegal, defamatory, obscene, threatening, or discriminatory Infringing on third-party intellectual property rights Spam or unauthorized advertising Harmful software (e.g., viruses or malware) We reserve the right to remove content or suspend accounts that violate these rules.

9.3 Backup and Data Integrity

While we perform regular backups, we are not responsible for lost or corrupted content. You should maintain your own backup of critical data.

9.4 Copyright Infringement (DMCA)

If you believe content on the Service infringes your copyright, please email support@toolsquire.com with: Your contact information A description of the copyrighted work A description of where the infringing content is located A statement of good faith belief that use is unauthorized A sworn statement that the information is accurate and you are authorized to act on behalf of the copyright owner

10. Account Requirements and Termination

Users must provide accurate, current information. Tool Squire may suspend or terminate accounts for violations of these Terms. You are responsible for maintaining your login credentials. You may delete your account at any time by contacting support. Or by using the DELETE ACCOUNT option in the mobile app.

11. Orders and Payments

11.1 Order Accuracy

We strive for accurate listings, but do not guarantee accuracy or availability of items.

11.2 Payment Terms

Payments are processed via third-party gateways. You authorize Tool Squire to charge you for rentals and service fees.

11.3 Cancellations

Buyers who cancel are not entitled to a refund unless approved by Tool Squire. Sellers who cancel will forfeit payment and may be penalized.

11.4 Disputes

Disputes must be reported promptly. Tool Squire may mediate at its discretion.

12. Governing Law

These Terms shall be governed by the laws of the United States of America. Any legal action must be brought in the federal or state courts in the user's jurisdiction, unless otherwise required by law.

13. Dispute Resolution and Arbitration

Before initiating legal proceedings, users agree to attempt informal resolution through Tool Squire. If unresolved, disputes may be submitted to binding arbitration under the rules of the American Arbitration Association (AAA). You agree to waive your right to participate in class actions.

14. Limitation of Liability

Tool Squire’s liability is limited to the greater of $100 or the amount paid by you in the past 12 months. We are not liable for indirect, incidental, or consequential damages.

15. Disclaimer of Warranty

The Service is provided “AS IS” and “AS AVAILABLE.” We disclaim all warranties including those of merchantability, fitness for a particular purpose, or non-infringement.

16. External Links

We are not responsible for third-party websites linked to from the Service. Use them at your own risk.

17. Export and Sanctions Compliance

You represent that you are not located in a sanctioned country or on a U.S. government prohibited list.

18. Severability and Waiver

If any provision of these Terms is found invalid, the remainder will remain in effect. Our failure to enforce a right is not a waiver of that right.

19. Changes to Terms

We may update these Terms at any time. Continued use of the Service implies acceptance of any revised Terms.

20. Contact

For questions or concerns, contact: support@toolsquire.com