Terms of Service

1. Acceptance of Terms

By creating an account or using Nacho Stuff (“the Platform,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree, do not use the Platform. These Terms constitute a legally binding agreement between you and Nacho Stuff.

2. What Nacho Stuff Is

Nacho Stuff is an online marketplace that connects people who want to rent equipment, tools, and gear (“Owners”) with people who want to borrow them (“Renters”). Nacho Stuff is not a party to any rental agreement between Owners and Renters. We do not own, control, inspect, or guarantee any item listed on the Platform. All rental transactions are agreements directly between the Owner and Renter.

3. Eligibility

You must be at least 18 years old to use Nacho Stuff. By creating an account, you represent and warrant that you are 18 or older, have the legal capacity to enter into binding agreements, and are not prohibited from using the Platform under applicable law.

4. Account Registration

You must create an account to list or rent items. You agree to provide accurate, current, and complete information during registration and to keep your account information up to date. You are responsible for all activity that occurs under your account and for maintaining the confidentiality of your login credentials. Notify us immediately at support@nacho-stuff.com if you suspect unauthorized access to your account.

5. Owner Responsibilities

As an Owner, you agree to:

• Provide accurate, complete, and truthful descriptions of your items, including condition, photos, pricing, and any known defects or safety hazards.
• Only list items you own or have the legal right to rent out.
• Ensure all listed items are safe, functional, and in the condition described at the time of each rental.
• Provide items on the agreed-upon dates and honor confirmed bookings.
• Not list items that are prohibited under Section 7 of these Terms.
• Handle disputes, damage claims, and returns directly with Renters in good faith.
• Comply with all applicable laws regarding the rental of your items, including any licensing or insurance requirements.

6. Renter Responsibilities

As a Renter, you agree to:

• Use rented items only for their intended purpose and in a lawful manner.
• Return items on time, in the same condition you received them, with reasonable wear and tear excepted.
• Pay for any damage, loss, or theft of rented items beyond normal wear and tear.
• Follow any safety instructions, operating guidelines, or restrictions provided by the Owner.
• Not sublease, lend, or transfer rented items to any third party.
• Comply with all applicable laws when using rented items.

7. Prohibited Items

The following items may not be listed on Nacho Stuff:

• Firearms, ammunition, or weapons of any kind
• Illegal items or items that require a license the Owner does not hold
• Hazardous materials, chemicals, or substances
• Items that infringe on intellectual property rights
• Animals or living organisms
• Consumable goods
• Any item whose rental is prohibited by applicable law

Nacho Stuff reserves the right to remove any listing at our sole discretion.

8. Payments and Fees

All payments are processed securely through our third-party payment processor, Stripe. By making a payment you agree to Stripe’s terms of service.

• Service fee: Renters are charged a service fee (currently 12%) on top of the rental subtotal. This fee is non-refundable except where required by law.
• Platform fee: Nacho Stuff deducts a platform fee (currently 12%) from the Owner’s payout. Owners receive approximately 88% of the rental subtotal.
• Deposit: Owners may require a refundable security deposit at their discretion. Nacho Stuff collects and holds deposits on behalf of the transaction. When the Owner confirms a damage-free return, the full deposit is automatically refunded to the Renter. When damage is reported, a 48-hour dispute window opens before any partial refund is issued. Nacho Stuff administers all deposit refunds — see Section 11 for the full dispute process.
• Taxes: You are solely responsible for determining and paying any applicable taxes on your rental income or transactions.

Nacho Stuff reserves the right to change its fee structure with notice to users.

9. Anti-Circumvention

All rental agreements, payments, and binding communications must take place through Nacho Stuff. You agree not to:

• Exchange contact information, phone numbers, or email addresses for the purpose of conducting transactions outside the Platform.
• Accept or solicit payment through any method other than Nacho Stuff’s payment system (including but not limited to Venmo, PayPal, Cash App, Zelle, or cash).
• Use the Platform’s messaging system to direct other users off the Platform.

Violations of this policy may result in immediate account termination and forfeiture of any pending payouts.

10. Cancellations

Cancellation terms are set by the Owner at the time of listing (flexible, moderate, or strict). Renters are responsible for reviewing the cancellation policy before booking. Nacho Stuff does not guarantee refunds beyond what the Owner’s stated policy allows. The service fee is non-refundable in all cases.

11. Damage, Deposits, and Dispute Resolution

Renters are responsible for any damage, loss, or theft of rented items beyond normal wear and tear. Owners are responsible for ensuring items are safe and accurately described. The following process governs all deposit-related disputes on the Platform.

Photo Documentation

Both parties are strongly encouraged — and, by accepting these Terms, agree — to photograph the item at the time of handoff and at the time of return. These photos are the primary evidence considered in any dispute. Nacho Stuff is not responsible for outcomes in disputes where neither party has documented the item’s condition.

Deposit Dispute Process

• If the Owner confirms a damage-free return, the full deposit is refunded to the Renter automatically and immediately.
• If the Owner reports damage, a 48-hour dispute window opens. The Renter is notified by email with the damage amount claimed and the resulting refund amount.
• During the dispute window, the Renter may contest the claim by emailing support@nacho-stuff.com with photos and a description of the item’s condition at return.
• If no dispute is received within 48 hours, the partial refund is processed automatically.
• If a dispute is filed, Nacho Stuff will review the evidence from both parties and issue a final determination.

Arbitration of Deposit Disputes

Nacho Stuff, LLC, or an independent arbitrator of Nacho Stuff’s choosing, serves as the sole and final decision-maker in all deposit disputes. By using the Platform, both Owners and Renters agree that Nacho Stuff’s determination regarding any deposit dispute is final and binding with respect to amounts held on the Platform. Neither party may challenge this determination through external legal proceedings for amounts at or below the security deposit.

Damage amounts claimed through the Platform may not exceed the security deposit. For damages that exceed the deposit, Owners and Renters must resolve the difference directly. Nacho Stuff is not a party to those proceedings.

12. Prohibited Conduct

You agree not to:

• Create false, misleading, or fraudulent listings or reviews
• Harass, threaten, or harm other users
• Use the Platform to engage in any illegal activity
• Attempt to gain unauthorized access to any part of the Platform or another user’s account
• Scrape, copy, or reproduce Platform content without permission
• Use automated tools, bots, or scripts to interact with the Platform
• Impersonate any person or entity

13. Disclaimer of Warranties

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NACHO STUFF DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, NACHO STUFF AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE PLATFORM, INCLUDING DAMAGES ARISING FROM ANY RENTAL TRANSACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NACHO STUFF’S TOTAL LIABILITY EXCEED THE FEES NACHO STUFF COLLECTED FROM YOU IN THE THREE MONTHS PRECEDING THE CLAIM.

15. Indemnification

You agree to indemnify, defend, and hold harmless Nacho Stuff and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to your use of the Platform, your listings or rentals, your violation of these Terms, or your violation of any applicable law.

16. Termination

Nacho Stuff may suspend or terminate your account at any time for any reason, including violation of these Terms. You may delete your account at any time by contacting us. Upon termination, your right to use the Platform ceases immediately. Provisions that by their nature should survive termination (including Sections 13, 14, and 15) will survive.

17. Governing Law and Disputes

These Terms are governed by the laws of the State of Texas, without regard to its conflict of law principles. Any dispute arising under these Terms shall be resolved through binding arbitration in accordance with the American Arbitration Association’s rules, except that either party may seek injunctive relief in a court of competent jurisdiction. You waive any right to participate in a class action lawsuit or class-wide arbitration.

18. Changes to These Terms

We may update these Terms from time to time. When we do, we will update the “Last updated” date at the top of this page. Continued use of the Platform after changes are posted constitutes your acceptance of the updated Terms. For material changes, we will make reasonable efforts to notify you by email or through the Platform.

19. Contact

If you have questions about these Terms, please contact us at support@nacho-stuff.com.