By creating an account or accessing our services, you agree to be legally bound by these Terms. If you do not agree, do not use Nably.
1. About Nably
Nably LLC ("Nably," "we," "us," or "our") operates an online peer-to-peer marketplace platform (the "Platform") that connects independent equipment owners and service providers ("Hosts") with individuals seeking to rent recreational gear or to book event rentals and services ("Renters"). Nably is incorporated in the State of Florida and operates under the laws of the State of Florida.
Nably is a technology platform only. We do not own, control, inspect, certify, or warrant any equipment or services listed on the Platform. All rental and service transactions are entered into directly between Hosts and Renters. Nably is not a party to those transactions except as a payment facilitator.
These Terms are organized into three parts: Part A (General Terms, all users) · Part B (Renter Terms) · Part C (Host Terms). In the event of a conflict, the more specific provision in Part B or Part C will control.
To use the Nably Platform, you must:
You must create an account to access most features of the Platform. You agree to provide truthful, accurate, and complete information; maintain and update your account information; keep your login credentials confidential; notify Nably immediately at [email protected] if you suspect unauthorized access; and accept responsibility for all activity under your account.
Nably charges fees for facilitating transactions:
Nably reserves the right to modify its fee structure upon 30 days' notice. Continued use after notice constitutes acceptance.
You agree you will not: use the Platform for any unlawful purpose; circumvent security features; collect personally identifiable information without authorization; transmit unsolicited commercial communications; post defamatory, fraudulent, or objectionable content; facilitate off-platform transactions to avoid Nably fees; impersonate any person; or interfere with Platform integrity. Violations may result in immediate suspension, removal of listings, forfeiture of pending payouts, and civil or criminal liability.
You retain ownership of content you submit (listings, photos, reviews). By submitting, you grant Nably a non-exclusive, royalty-free, worldwide, sublicensable license to use, reproduce, modify, display, and distribute that content for operating and promoting the Platform. You represent that your content is accurate, does not infringe any third-party IP rights, and does not violate any law. The Nably name, logo, and all related marks are trademarks of Nably LLC.
Content generated or substantially created using artificial intelligence tools must not be used to misrepresent the nature, condition, authenticity, or origin of any listing, review, or communication on the Platform. This includes, without limitation, AI-generated or AI-altered images (see Section 25.2 for listing-photo-specific requirements), fabricated reviews, and synthetic text presented as a genuine first-hand account. Nably reserves the right to remove content that violates this policy and to suspend or terminate accounts for repeated or willful violations.
Your use of the Platform is subject to Nably's Privacy Policy, incorporated into these Terms by reference. Nably will disclose a Renter's delivery address to the Host only after a booking has been fully confirmed and payment processed, and then only at the time described in the Privacy Policy — by default 24 hours before the scheduled rental, or earlier if the Renter has expressly chosen to share it sooner. Where a Host has enabled the optional contact-sharing requirement on their listing and the Renter has consented, Nably will similarly disclose the Renter's email address (and phone number, if provided) to the Host only after the booking has been confirmed.
To initiate a dispute, you must submit a report through the Platform within 48 hours of the conclusion of the rental period. Nably's dispute determination is final with respect to any Platform-held funds, including damage deposits. For disputes exceeding the deposit amount, you may need to pursue resolution through other legal channels.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NABLY LLC AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE PLATFORM; ANY RENTAL TRANSACTION; ANY CONTENT SUBMITTED BY USERS; PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM RENTED EQUIPMENT OR SERVICES PROVIDED THROUGH THE PLATFORM; OR UNAUTHORIZED ACCESS TO YOUR TRANSMISSIONS OR CONTENT.
NABLY'S TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED THE GREATER OF (A) TOTAL FEES PAID BY YOU IN THE PRECEDING 12 MONTHS OR (B) $100.00.
THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. NABLY EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NABLY MAKES NO WARRANTY AS TO THE ACCURACY, SAFETY, CONDITION, OR LEGALITY OF ANY EQUIPMENT OR SERVICES LISTED ON THE PLATFORM.
You agree to indemnify, defend, and hold harmless Nably LLC and its officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms, your use of the Platform, any rental transaction you participate in, any content you submit, your violation of any applicable law, or your negligence or willful misconduct. Nably shall have the right, but not the obligation, to assume and control, at its own election, the defense of any claim subject to indemnification under this Section 11 (including under Section 32) with counsel of its own choosing, and you agree to cooperate fully with Nably in that defense. You may not settle, compromise, or consent to the entry of any judgment with respect to any such claim without Nably's prior written consent. If Nably assumes the defense of a claim, Nably may recover from you all reasonable costs and expenses of that defense, including reasonable attorneys' fees, as incurred.
⚖️ PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Platform shall be resolved exclusively through binding individual arbitration, rather than in court, except as provided below. This arbitration agreement is governed by the Federal Arbitration Act.
YOU AND NABLY AGREE THAT EACH MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
Either party may pursue claims in small claims court if the claim qualifies. Either party may seek injunctive or equitable relief in Pinellas County, Florida for claims involving intellectual property infringement or imminent harm.
These Terms shall be governed by the laws of the State of Florida, without regard to conflict-of-law provisions. For claims not subject to arbitration, you consent to the exclusive jurisdiction of state and federal courts in Pinellas County, Florida.
Before initiating arbitration, contact Nably at [email protected] and attempt informal resolution. If not resolved within 30 days, either party may initiate arbitration.
Nably reserves the right to modify these Terms at any time. We will provide notice by emailing the address on your account, posting a notice on the Platform, or updating the "Last Updated" date above. Continued use after the effective date constitutes acceptance.
Nably may suspend or terminate your account at any time, with or without cause and without notice. You may terminate by contacting [email protected]. Upon termination, pending confirmed bookings will be handled per the applicable cancellation policy, and Sections 6, 9, 10, 11, 12 survive.
These terms apply specifically to users who rent equipment through the Nably Platform. All General Terms in Part A also apply to Renters.
As a Renter, you represent and warrant that you are at least 18 years of age; you are physically and legally capable of using the equipment you rent; you will use all rented equipment only for its intended lawful purpose; and you accept full personal responsibility for any injury, damage, or loss arising from your use of rented equipment.
Nably strongly encourages Renters to inspect all equipment upon delivery or pickup and to immediately report any pre-existing damage or safety concerns through the Platform before use.
RENTER EXPRESSLY ACKNOWLEDGES AND AGREES THAT RENTING AND USING RECREATIONAL, OUTDOOR, AND EVENT EQUIPMENT, AND RECEIVING EVENT SERVICES, INVOLVES INHERENT RISKS, INCLUDING BUT NOT LIMITED TO RISK OF BODILY INJURY, PROPERTY DAMAGE, AND DEATH. BY COMPLETING A BOOKING, RENTER VOLUNTARILY ASSUMES ALL SUCH RISKS AND AGREES THAT NABLY LLC SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, OR DAMAGE ARISING FROM THE USE OF RENTED EQUIPMENT.
To rent equipment, select the desired listing and dates, review the full pricing breakdown, confirm your delivery or pickup preference, and complete payment through the Nably Platform. Bookings are not confirmed until payment has been successfully processed. Nably will transmit your delivery address to the Host only after payment is confirmed, and then only at the time described in the Privacy Policy — by default 24 hours before your rental, or as soon as your booking is confirmed if you choose that option at checkout. Until that point the Host sees only your general area and approximate distance.
Renters are charged a 10% service fee on all bookings. This fee covers platform operations and support. The service fee is non-refundable except as described in Section 19.
The Platform displays an itemized pricing breakdown prior to confirmation, including base rental rate, delivery fee (if applicable), retrieval fee (if applicable), setup fee (if applicable), and the Nably service fee.
If a Host cancels a confirmed booking, you will receive a full refund of all amounts paid including the service fee, plus a Nably platform credit equal to 20% of the booking total as compensation for the inconvenience.
Some listings — including most outdoor event and beach equipment listings — are designated "weather-dependent" by Nably or by the Host. For Confirmed or Active bookings on a weather-dependent listing, within 72 hours of the scheduled check-in time, either party may propose a free reschedule or a refund as an alternative to the standard cancellation policy in Sections 19.1–19.3.
For listings with a value of $50.00 or more, Hosts may set a damage deposit. The applicable deposit amount, if any, is disclosed in the listing before booking and is collected at the time of payment. For listings under $50.00, no damage deposit is collected; however, the card-on-file provisions of Section 20.6 apply to all bookings regardless of listing value.
Your damage deposit will be released back to you within 5 business days following the conclusion of the rental period, provided no damage claim has been submitted by the Host.
If a Host submits a claim within 48 hours of the rental conclusion — for damage, a missing item, or theft — supported by photographic or other evidence, Nably will notify you through the Platform and by email. You will have 48 hours from the time the claim is filed to submit a written response and at least three supporting photographs through the Platform. After this window closes (or your response is submitted, whichever is sooner), Nably will review the evidence submitted by both parties and determine the resolution, including any amount awarded to the Host ("Award") and any portion of the deposit (if applicable) to be returned to you.
If the Award exceeds any damage deposit held for the booking (or if no deposit was held), the Renter remains fully liable for the difference (the "Overage") up to the fair market replacement value of the item. The Overage is collected as described in Section 20.6.
Renters must report any damage to rented equipment immediately through the Platform. Failure to report pre-existing damage before use may result in the Renter being held responsible for damage discovered by the Host at retrieval.
To protect Hosts in the event of damage, a missing item, or theft — including for bookings that do not carry a damage deposit — Nably retains the payment card used at checkout on file for up to 14 days following the conclusion of your rental period. If a claim is resolved with an Award that results in an Overage as described in Section 20.4, Nably is authorized to charge the card on file for the Overage amount. If that charge cannot be completed (for example, the card is declined or requires additional authentication), Nably will email you a secure link to pay the outstanding balance directly. Nably uses a card account updater service to help keep the card on file current during the retention period. Your card on file is automatically removed from Nably's records approximately 14 days after your return date, or earlier once any pending claim is fully resolved and no balance remains due.
As a Renter, you agree to use all rented equipment only for its intended purpose; not permit any person other than those disclosed at booking to use the equipment; not modify, alter, or attempt to repair any rented equipment; not use rented equipment in any unsafe, reckless, or illegal manner; return equipment in the same condition as received (subject to normal wear); and notify the Host and Nably immediately if equipment is lost, stolen, or significantly damaged.
Nably strongly encourages all Renters to read and follow all manufacturer instructions; wear appropriate safety gear when applicable; supervise children at all times; not use rented equipment under the influence of alcohol or controlled substances; and verify equipment is in safe operating condition before use. Nably does not inspect, certify, or guarantee the safety or condition of any listed equipment.
After completing a rental, you may be invited to leave a review. Reviews must be truthful, based on your genuine experience, and must not contain defamatory, abusive, or misleading content. Nably reserves the right to moderate and remove reviews that violate these requirements.
These terms apply specifically to users who list equipment for rent on the Nably Platform. All General Terms in Part A also apply to Hosts.
All Hosts are required to complete identity verification through Nably's third-party verification provider (currently Stripe Identity) before receiving any payouts. Identity verification requires government-issued photo identification and may include a facial recognition check.
Hosts may operate as individuals or as business entities. If you list equipment as a business, you represent that you have the legal authority to bind that business to these Terms.
All listings must accurately and completely describe the equipment or service being offered, including its condition, any defects, limitations on use, delivery options, and all applicable fees. Misleading listings may be removed and may result in account suspension.
A minimum of three (3) photographs of the actual equipment are required for every listing. Stock photos or photographs of similar items are not permitted. AI-generated, synthetic, or digitally fabricated images — including images created or substantially altered using generative AI tools — are not permitted as listing photographs. Photos must be genuine, unedited (beyond minor adjustments such as cropping, brightness, or color correction) photographic depictions of the actual equipment being offered, and must accurately represent its current condition.
All new listings and resubmitted listings are subject to review and approval by Nably before they appear publicly. Nably reserves the right to reject any listing that violates these Terms, features unsafe or illegal equipment, or for any other reason at Nably's discretion.
You may not list: equipment or services you do not own or do not have the legal right to rent or provide; equipment subject to a lien that would prevent lawful rental; anything that is illegal to possess, rent, or provide; weapons or ammunition; motorized watercraft, including jet skis and motorboats; motor vehicles that require registration or a license to operate, including cars, motorcycles, mopeds, and ATVs; equipment in any condition that renders it unsafe; or any item or service that falls outside Nably's supported categories of recreational gear, event rentals, and event services.
Nably strongly recommends that all Hosts maintain appropriate insurance coverage for equipment listed on the Platform, including homeowner's insurance riders, personal property coverage, or commercial general liability policies that cover peer-to-peer rental activity.
Hosts listing any of the following categories are required to maintain and provide proof of general liability insurance with minimum limits of $1,000,000 per occurrence before their listings will be approved:
Hosts required to carry proof of insurance under Section 26.2 must name Nably LLC as an additional insured on the underlying commercial general liability policy, and the documentation submitted to Nably must reflect that additional insured status. Nably may require an additional insured endorsement and may decline, pause, or remove any listing whose insurance documentation does not name Nably LLC as an additional insured.
Required insurance documentation must remain current at all times. Listings supported by expired documentation will be paused until renewed documentation is provided. Nably will send a reminder in advance of an expiration date where practicable, but the Host remains solely responsible for maintaining continuous coverage.
NABLY DOES NOT PROVIDE INSURANCE COVERAGE OF ANY KIND FOR HOSTS OR THEIR EQUIPMENT. HOSTS ARE SOLELY RESPONSIBLE FOR OBTAINING ADEQUATE INSURANCE COVERAGE.
As a Host, you agree to: ensure all listed equipment is in safe, clean, and functional condition at the time of each rental; provide accurate safety instructions to Renters; disclose any known defects or limitations; be available and responsive to Renter communications; complete all delivery, retrieval, or setup services on time; not cancel confirmed bookings except in genuine emergency; comply with all applicable laws; and maintain the accuracy of your listing at all times.
Commission is calculated on the base rental subtotal only and does not include the 10% Renter service fee, which is retained by Nably separately.
Hosts are paid within 24 hours of rental check-in via direct transfer to their connected bank account. Payouts are processed through Stripe Connect. Hosts must complete Stripe Connect onboarding, including bank account and identity verification, before any payout can be issued.
For same-day or next-day bookings, payment processing timelines may extend up to 3 business days from rental completion due to standard payment settlement periods. Nably is not responsible for delays caused by Stripe's verification or processing timelines.
Hosts are solely responsible for all tax obligations arising from income earned through the Platform, including federal and state income tax and self-employment tax. Nably will issue IRS Form 1099-K to Hosts who meet the applicable reporting threshold. Nably is not responsible for providing tax advice.
The Founding Host program grants selected early Hosts in Nably’s launch cities a reduced commission rate and a recognition badge. Founding status is granted at Nably’s discretion and is valid for the first six (6) months following the grant of founding status, after which the standard 15% rate applies.
If a Host cancels a confirmed booking: the Renter receives a full refund of all amounts paid including the service fee; the Renter receives a Nably platform credit equal to 20% of the booking total; the Host receives two (2) strikes; and the Host may be temporarily suspended from offering premium setup listings pending review. This subsection does not apply to a refund accepted under the Weather Contingency provisions of Section 19.4.
Hosts accumulating five (5) strikes will be automatically suspended from the Platform. Strikes may also be issued for other violations at Nably's discretion, including ghost host behavior.
A "ghost host" report may be filed by a Renter when a Host fails to deliver equipment, fails to respond to communications, or abandons a confirmed booking. Ghost reports may be filed starting 2 hours after the booking's scheduled start time. Filing a report does not by itself result in any action against the Host — Nably reviews every report before deciding whether it is substantiated. If Nably confirms the report, the Host receives a strike, any pending payout for that booking is forfeited, and the Renter receives a full refund of amounts paid for that booking, all issued automatically upon confirmation.
Nably operates a two-sided handoff verification system. Hosts must use the Platform to record delivery, retrieval, and setup events. For premium setup bookings, a minimum of three (3) photographs must be submitted at the time the Host marks setup as complete. Renters will be notified upon each host handoff action and will have a defined window to confirm or dispute. Uncontested handoffs are auto-confirmed after 24 hours for standard delivery/retrieval, and after 1 hour for setup completion.
Hosts bear primary responsibility for the safety of the equipment they list. You represent and warrant that all equipment is in safe, functional operating condition; you will promptly remove from the Platform any equipment that becomes unsafe; you will provide Renters with accurate safety instructions; equipment that poses recognized risk will only be listed by Hosts who carry appropriate liability insurance per Section 26.2; and you will promptly notify Nably of any safety issue with equipment that has been or is currently being rented.
IMPORTANT: NABLY DOES NOT INSPECT EQUIPMENT LISTED ON THE PLATFORM. HOSTS ARE SOLELY RESPONSIBLE FOR THE SAFETY AND CONDITION OF THEIR EQUIPMENT. FAILURE TO ENSURE EQUIPMENT SAFETY MAY RESULT IN SERIOUS HARM TO RENTERS AND SIGNIFICANT LEGAL LIABILITY FOR THE HOST.
In addition to Section 11, Hosts specifically agree to indemnify, defend, and hold harmless Nably LLC from all claims, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or relating to: any injury, death, or property damage caused by equipment or services listed or provided by the Host; any failure of Host equipment or services to perform safely or as described; any inaccuracy or omission in a Host's listing; the Host's failure to maintain required insurance; or the Host's violation of any applicable law in connection with the rental of their equipment.
Renters may leave reviews of their experience, equipment, and service. Reviews are a core part of the trust and safety system. Nably will moderate reviews for compliance with these Terms but will not remove reviews solely because a Host disagrees with the content. Hosts may not offer incentives to Renters in exchange for positive reviews or attempt to pressure Renters to modify or remove reviews.
Nably offers an optional SMS/text messaging program, available to Hosts and Renters who opt in through their account's Notification Preferences. This Section applies to any user who opts in.
By checking the SMS opt-in box in your Notification Preferences and providing or confirming your mobile phone number, you expressly consent to receive text messages from Nably at that number regarding the categories of messages described below. Consent to receive SMS messages is not a condition of using the Platform, creating an account, making a booking, or listing equipment, and you may use Nably's services fully without opting in.
Messages sent under this program are limited to transactional, account-related communications: booking activity (new requests, confirmations, cancellations, and pending-response reminders) and payout/payment notices (payout sent confirmations and payment issues). Nably does not send marketing or promotional text messages under this program. Message frequency varies based on your account and booking activity.
Message and data rates may apply, as determined by your mobile carrier or plan. Nably is not responsible for any charges billed by your carrier. Not all carriers or devices are supported, and Nably does not guarantee delivery of any text message.
You may revoke your consent and opt out of SMS messages at any time by replying STOP to any message, or by disabling text notifications in your Notification Preferences. Reply HELP for assistance, or contact [email protected]. You will receive a final confirmation message upon opting out.
Your phone number and SMS opt-in status will not be shared with third parties or affiliates for their own marketing or promotional purposes. See Section 14 of Nably's Privacy Policy for the complete data-handling terms applicable to this program.
By creating an account or using the Nably Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety, including the arbitration agreement and class action waiver in Section 12.
Questions? Contact us at [email protected] · nably.co