Effective date
Effective date: [Insert effective date]. These Terms should be reviewed by a qualified attorney before accepting live bookings or processing live transactions.
Legal
These Terms of Service govern access to and use of the ThrottleX Share platform, including the website, communications, booking tools, payment tools, listings, and related services. By creating an account, listing a vehicle, booking a rental, submitting payment, or using the platform, you agree to these Terms.
Security deposits
Some rentals may require a refundable security deposit. The deposit amount is set by the owner and shown before booking when the owner has added one to the listing.
For the current launch phase, deposit handling may be confirmed before pickup. The deposit may be held or collected before the rental starts and released after the rental is returned without damage, missing equipment, late-return issues, fines, or other claimable charges.
Automated Stripe deposit holds are planned as a future platform feature. Until then, renters should review the listing details and messages carefully before pickup.
Review each section carefully before creating a listing, making a reservation, or operating a rental.
Effective date: [Insert effective date]. These Terms should be reviewed by a qualified attorney before accepting live bookings or processing live transactions.
ThrottleX Share is a peer-to-peer online marketplace that connects recreational vehicle owners with renters seeking short-term rentals. The platform currently supports boats, personal watercraft including jet skis, and utility terrain vehicles including UTVs. ThrottleX Share facilitates listings, reservations, payments, communication tools, identity verification, and related platform services. Unless specifically identified otherwise, ThrottleX Share does not own the listed vehicles and is not a rental agency, vehicle dealer, transportation carrier, insurer, financing company, employer, or operator of the owner or renter.
Each rental transaction is a direct agreement between the owner and the renter. ThrottleX Share acts as the technology platform that facilitates the transaction. A booking request does not create a rental agreement until the owner accepts the request and the booking is confirmed through the platform.
To use the platform, users must be at least 18 years old, have legal authority to enter binding contracts, comply with applicable law, and possess any license, permit, boating certificate, driver credential, or other authorization required for the vehicle and rental location. ThrottleX Share or individual owners may require a higher minimum age, such as 21 or 25, depending on vehicle type, law, insurance requirements, or owner preferences.
Users must create an account before booking or listing a vehicle. Users agree to provide accurate, current, and complete information, keep account information updated, safeguard passwords and credentials, and remain responsible for all activity under their account. Multiple accounts created to avoid suspensions, fees, ratings, reviews, or enforcement actions are prohibited.
ThrottleX Share may require identity verification before allowing a user to book or list vehicles. Verification may include government-issued identification, driver license validation, selfie or facial verification, address verification, email verification, phone verification, payment verification, insurance verification, boating certification verification, motor vehicle records, background screening where permitted by law, and other fraud prevention measures. Verification does not guarantee a user’s identity, skill, honesty, driving ability, boating ability, or future conduct.
Owners are responsible for owning or having legal authority to rent each listed vehicle, maintaining valid registration where required, maintaining legally required insurance, disclosing known defects, keeping vehicles in safe operating condition, performing recommended maintenance, representing vehicle specifications accurately, disclosing operational limits, providing legally required safety equipment, delivering vehicles in clean condition, and removing hazardous defects before each rental. Owners are solely responsible for legal compliance related to their listings.
Owners may not knowingly list stolen vehicles, unsafe vehicles, mechanically defective vehicles, vehicles with unresolved safety recalls, vehicles with fraudulent titles, vehicles prohibited by law, or vehicles the owner does not have authority to rent. ThrottleX Share may remove any listing at any time for safety, legal, fraud, quality, or platform reasons.
Renters agree to operate vehicles responsibly, comply with traffic laws, boating laws, off-highway vehicle regulations, trail restrictions, waterway rules, owner instructions, passenger limits, approved operating areas, safety requirements, and all applicable laws. Renters must wear legally required safety equipment, use life jackets when required, never operate under the influence of alcohol or drugs, never permit unauthorized operators, and return the vehicle in substantially the same condition received.
Unless expressly authorized by the owner and permitted by law, renters may not use vehicles for racing, timed competitions, speed contests, endurance events, demolition activities, rock crawling competitions, mud bog competitions, stunt driving, jumping, intentional drifting, burnouts, wheelies, unauthorized towing, commercial filming, rideshare services, criminal activity, transporting illegal substances, operation while fatigued or distracted, operation under the influence, or operation by unauthorized drivers. Violations may immediately terminate the rental and may void any applicable protection benefits.
For UTV and off-road rentals, renters agree to wear seatbelts whenever equipped, wear DOT-approved helmets when required by law or by the owner, obey park and trail rules, remain on legal trails, avoid deep water crossings, avoid intentionally exceeding vehicle operating limits, not disable speed limiters, not modify the vehicle, and not remove, disconnect, shield, or tamper with GPS or tracking devices. Renters remain responsible for rollover damage, collision damage, suspension damage, tire damage caused by misuse, belt damage caused by improper driving, water ingestion, engine over-revving, transmission abuse, recovery expenses, towing charges, and rescue costs caused by misuse, negligence, or operation outside approved areas.
Renters operating boats or personal watercraft must comply with all applicable federal, state, and local boating laws, waterway rules, navigation rules, safety certification requirements, and operator permit requirements. Required safety equipment may include U.S. Coast Guard-approved life jackets, emergency signaling devices, fire extinguishers, navigation lights, and engine cut-off lanyards where equipped or required.
Unless expressly authorized by the owner and permitted by law, renters may not operate watercraft under the influence, exceed passenger capacity, tow inflatables or riders without owner permission, operate in restricted or no-wake zones in violation of posted rules, intentionally beach a jet ski or boat where prohibited, operate in hazardous weather conditions, race, stunt, operate recklessly, or operate after legal sunset unless the vessel is properly equipped and lawful for night operation.
Renters are responsible for watercraft damage caused by propeller strikes, grounding, collisions with docks, rocks, or other vessels, improper anchoring, beaching damage, shallow-water operation, trailer damage during renter transport, and fuel contamination caused by improper fueling.
A booking is confirmed only after the booking request is accepted by the owner and processed through the platform. ThrottleX Share may cancel, refuse, or restrict any booking before confirmation for fraud, risk, safety, payment, legal, or operational reasons.
At pickup and return, the parties should complete a written or digital inspection documenting vehicle condition, mileage or engine hours, fuel level, existing damage, accessories included, and safety equipment provided. Photos and videos uploaded to the platform may be used as evidence in damage, condition, or return disputes.
Vehicles must be returned on time, to the agreed location, with the agreed fuel level, with all included accessories, and in substantially the same condition received, excluding ordinary wear specifically permitted by the booking. Late returns may result in additional charges, overage fees, missed-booking losses, towing or recovery charges, and other amounts permitted by these Terms.
Renters authorize ThrottleX Share and its payment processors to charge all amounts associated with a booking, including rental fees, platform service fees, insurance or protection fees where offered, taxes, security deposits, fuel charges, cleaning fees, late return fees, damage charges, towing or recovery charges, and dispute-related charges authorized under these Terms. Owners are responsible for determining and paying taxes applicable to their rental income unless ThrottleX Share is legally required to collect or remit taxes.
ThrottleX Share currently charges an owner marketplace service fee equal to 10% of the booking amount and a renter marketplace service fee equal to 10% of the booking amount. Service fees are separate from applicable taxes, processing fees, security deposits, optional charges, delivery fees, fuel fees, cleaning fees, and damage charges. ThrottleX Share may modify marketplace service fees with reasonable advance notice through the platform.
ThrottleX Share uses Stripe or another approved third-party payment processor to facilitate transactions. Users authorize ThrottleX Share to collect rental payments, collect marketplace service fees, collect taxes where required, place authorization holds for security deposits, issue refunds, process chargebacks, and remit owner payouts after applicable deductions. ThrottleX Share does not store complete payment card information.
Owners authorize ThrottleX Share to collect rental payments on their behalf and remit payouts according to the platform’s payout schedule after deducting applicable marketplace service fees, authorized refunds, chargebacks, taxes required to be withheld, damage claims, disputes, and other permitted deductions. Payouts may be delayed during fraud reviews, payment disputes, chargebacks, investigations, unresolved claims, or legal compliance reviews.
Each owner determines the security deposit required for a listing. Security deposits may vary based on vehicle type, vehicle value, rental duration, anticipated risk, and owner preference. ThrottleX Share may place a temporary authorization hold or collect the required security deposit before the rental begins. A security deposit does not limit the renter’s liability for losses exceeding the deposit amount.
Owners should report alleged damage as soon as reasonably possible after the rental ends and no later than 72 hours after the scheduled conclusion of the rental period unless a longer period is required by law or platform policy. Damage reports should include available photographs, videos, repair estimates, invoices, diagnostic reports, receipts, written descriptions, and supporting documentation requested by ThrottleX Share.
ThrottleX Share may review evidence submitted by both parties to help facilitate resolution of a damage dispute. Users acknowledge that ThrottleX Share is not acting as an insurance adjuster, arbitrator, judge, or independent mechanical expert. ThrottleX Share may request additional documentation before making any platform-related determination.
If a renter is determined to be financially responsible for damage, the renter authorizes ThrottleX Share and its payment processors to charge the payment method on file for repair costs, replacement costs, towing and recovery expenses, storage fees, cleaning fees, administrative processing fees, diminished value where permitted by law, lost equipment, and other amounts authorized under these Terms.
Owners are expected to honor confirmed bookings. Repeated cancellations, excessive unavailability, or failure to deliver the listed vehicle may result in cancellation fees, reduced search visibility, temporary suspension, permanent removal, or other enforcement action. Renter refund eligibility depends on the cancellation policy selected for the booking, the timing of cancellation, applicable law, platform policy, and any approved extenuating circumstances. Platform service fees may be non-refundable unless otherwise stated.
Weather alone does not automatically entitle a renter to a refund unless required by law, provided under the applicable cancellation policy, or approved by ThrottleX Share. Owners and renters are encouraged to communicate about weather concerns before the rental begins. If a listed vehicle becomes unavailable before the rental begins due to verified mechanical failure, ThrottleX Share may provide a full or partial refund, issue platform credit, assist in locating an alternative vehicle, or take other reasonable action.
Many listed vehicles may contain GPS tracking devices, telematics systems, engine monitoring systems, geofencing technology, or other location-based equipment. By renting or operating a vehicle through the platform, renters consent to the collection and use of operational and location data during the rental period for theft prevention, vehicle recovery, emergency assistance, mileage or engine-hour verification, speed and operational monitoring where permitted, insurance administration, dispute resolution, and enforcement of these Terms.
Renters may not disable, disconnect, shield, remove, modify, or interfere with any GPS, telematics, engine monitoring, or anti-theft equipment installed in a vehicle. Tampering with such equipment is a material breach of these Terms and may result in immediate termination of the rental, forfeiture of applicable protection benefits, additional charges, and permanent suspension from the platform.
ThrottleX Share will handle personal information and telematics data in accordance with its Privacy Policy and applicable law. Operational data collected during a rental may be shared with the vehicle owner, insurers, claims administrators, law enforcement, or other authorized parties when reasonably necessary to investigate accidents, theft, fraud, legal claims, or violations of these Terms.
ThrottleX Share is not an insurance company and does not provide insurance coverage unless expressly identified in a separate written protection plan or insurance agreement. ThrottleX Share does not currently provide a host protection program. Owners are solely responsible for maintaining insurance required by applicable law and determining whether they maintain appropriate coverage for peer-to-peer rentals. Renters acknowledge that they may be personally responsible for damage, injury, property loss, and third-party claims arising from their use of a rented vehicle.
Any insurance or protection products offered through the platform are subject to their own terms, conditions, exclusions, deductibles, coverage limits, and eligibility requirements. ThrottleX Share does not guarantee that any insurance policy or protection plan will apply to a particular incident. Coverage determinations are made solely by the applicable insurer or protection provider.
Users acknowledge that recreational activities involving boats, personal watercraft, UTVs, trailers, and similar vehicles involve inherent risks that cannot be eliminated. These risks may include collisions, rollovers, capsizing, drowning, changing weather conditions, equipment failure, mechanical defects, terrain hazards, wildlife encounters, submerged objects, falling, fire, explosion, serious bodily injury, permanent disability, and death. By participating in these activities, each user voluntarily assumes all known and unknown risks associated with the rental and operation of recreational vehicles to the fullest extent permitted by law.
To the fullest extent permitted by law, each user releases and discharges ThrottleX Share, its affiliates, officers, directors, employees, contractors, licensors, agents, successors, and assigns from claims arising out of or related to vehicle operation, accidents, personal injuries, death, property damage, theft, weather conditions, mechanical failures, owner conduct, renter conduct, third-party conduct, acts of nature, delayed reservations, interrupted trips, and loss of personal property, except where prohibited by applicable law.
Users agree to defend, indemnify, and hold harmless ThrottleX Share and its affiliates from any claim, demand, lawsuit, investigation, fine, penalty, liability, judgment, settlement, expense, or attorney’s fee arising from violation of these Terms, misuse of the platform, negligent operation of a vehicle, intentional misconduct, violation of applicable law, intellectual property infringement, bodily injury, death, property damage, or disputes between owners and renters.
To the maximum extent permitted by law, ThrottleX Share shall not be liable for personal injuries, death, vehicle damage, lost profits, business interruption, emotional distress, reputational harm, lost opportunities, indirect damages, consequential damages, incidental damages, punitive damages, or exemplary damages. If ThrottleX Share is found liable despite these limitations, its aggregate liability shall not exceed the greater of the total service fees paid to ThrottleX Share for the applicable booking or $250, unless a different limitation is required by law.
Users may not provide false information, impersonate another person, use fraudulent payment methods, circumvent platform fees, complete rentals outside the platform after introduction through the platform, manipulate reviews or ratings, threaten or harass other users, upload malicious software, interfere with platform security, access another user account without authorization, engage in money laundering or fraudulent transactions, or use the platform for illegal purposes.
ThrottleX Share may suspend, restrict, or terminate accounts at its discretion for fraud, repeated cancellations, unsafe conduct, excessive damage claims, payment failures, violations of these Terms, criminal activity, abuse of customer support, legal or regulatory requirements, or other platform-protection reasons. Termination does not eliminate outstanding financial obligations owed to or by a user.
The ThrottleX Share platform, including software, website design, source code, databases, graphics, logos, trademarks, service marks, trade dress, text, videos, photographs, audio, compilations, and other content, is owned by or licensed to ThrottleX Share and protected by intellectual property laws. Users may not copy, reproduce, modify, distribute, sell, sublicense, reverse engineer, decompile, scrape, harvest data from, or create derivative works from the platform except as permitted by these Terms.
Users retain ownership of photos, descriptions, reviews, videos, messages, and other content they upload. By submitting content, users grant ThrottleX Share a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, reproduce, publish, display, distribute, format, advertise, and promote that content for platform purposes. Reviews must reflect genuine user experiences and may not be purchased, manipulated, threatened, or knowingly false.
By creating an account or using the platform, users consent to receive communications electronically, including booking confirmations, receipts, invoices, legal notices, policy updates, account notifications, and marketing communications subject to applicable opt-out rights. Clicking buttons such as Accept, Agree, Book Now, Confirm Reservation, or similar actions may constitute an electronic signature with the same legal effect as a handwritten signature to the fullest extent permitted by law.
ThrottleX Share collects, uses, stores, and shares personal information as described in its Privacy Policy. By using the platform, users consent to the collection and processing of information reasonably necessary to provide platform services, process payments, verify identity, detect fraud, investigate claims, comply with legal obligations, and improve platform functionality.
ThrottleX Share respects intellectual property rights. If a user believes content on the platform infringes a copyright, the user may submit a written notice identifying the copyrighted work, the allegedly infringing material, contact information, a good-faith statement, a statement made under penalty of perjury that the information is accurate and authorized, and a physical or electronic signature. ThrottleX Share may remove allegedly infringing material and terminate repeat infringers where appropriate.
Except where prohibited by law, any dispute, claim, or controversy arising out of or relating to these Terms, the platform, or any booking shall be resolved through final and binding arbitration rather than in court. Arbitration shall be administered by a nationally recognized arbitration provider selected by ThrottleX Share, conducted by a single neutral arbitrator, and may take place remotely or in the applicable venue permitted by the arbitration rules.
To the fullest extent permitted by law, users agree that disputes shall be brought only in an individual capacity. Users waive the right to participate in a class action, serve as a class representative, join a consolidated proceeding, or participate in a private attorney general action except where such waiver is prohibited by law.
These Terms shall be governed by the laws of the state designated in ThrottleX Share’s corporate formation documents, without regard to conflict-of-law principles. Unless arbitration is required, any legal action shall be brought in the state or federal courts having jurisdiction over ThrottleX Share’s principal place of business, and each user consents to the personal jurisdiction of those courts.
ThrottleX Share may update these Terms from time to time. Material changes may be posted through the platform or provided by other reasonable notice. Continued use of the platform after the effective date of updated Terms constitutes acceptance of the revised Terms.
Platform means the ThrottleX Share website, mobile applications, software, communications, and related services. Owner means a user who lists or makes a vehicle available for rental. Renter means a user who books or operates a listed vehicle. Vehicle means boats, personal watercraft, UTVs, trailers, and other recreational equipment approved by ThrottleX Share. Booking means a confirmed reservation made through the platform. Protection Plan means any optional third-party damage protection or insurance product offered through the platform. User means any person or entity accessing or using the platform.
Questions regarding these Terms may be directed to ThrottleX Share LLC through the official support channels listed on the platform. Contact email and mailing address will be added here before public launch. Questions regarding bookings, claims, or safety concerns should be sent through the customer support channels identified on the platform.