Terms of Service

1. Agreement

These Terms of Service ("Terms") govern your use of the gswap mobile application and website (collectively, the "Service") operated by gswap ("we," "our," or "us"). By creating an account or using the Service you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

2. gswap is a marketplace

gswap is a peer-to-peer marketplace that connects people who own snow gear ("hosts") with people who want to rent it ("renters"). gswap does not own, inspect, insure, or control the gear listed on the Service and is not a party to the rental agreement between a host and a renter. Hosts are solely responsible for the accuracy of their listings and the condition of their gear; renters are solely responsible for using gear safely and for their own conduct on the mountain.

3. Eligibility and accounts

• You must be at least 18 years old to use the Service.
• You must provide accurate account information and keep it up to date.
• You are responsible for all activity under your account and for keeping your password secure.
• Hosts and renters may verify their identity through Stripe Identity. Verification is optional and is not required to rent or list; it earns a verified badge.

4. Fees

• Renters pay the host's daily rate, any delivery fee, a 5% gswap service fee, and applicable tax at checkout.
• Hosts pay a 10% commission on the daily rate, deducted from their payout. Hosts keep 90% of the base price plus the full delivery fee.
• Founding hosts — hosts who create a listing on or before December 1, 2026 (Pacific time) that is later approved — pay 0% commission on rentals that start on or before May 31, 2027. Eligibility depends on when the listing is created, not when it is approved. Card processing costs are deducted from those payouts instead. Founding-host status and the SNOWPALS promo waive the host commission only; the renter service fee still applies.
• Early-lister credit — founding hosts receive a one-time $10 Gswap rental credit (once per person) that expires at the end of the season (May 31, 2027), has no cash value, can't be transferred, and covers up to Gswap's fees on a booking.
• Fees are shown before you confirm a booking. We may change fees for future bookings by updating these Terms.

5. Payments

During our hosts-first launch period, new rental bookings may be paused. While booking is paused, hosts may create listings and set up payouts and renters may browse and message hosts, but no rental can be requested or paid for.

All payments are processed by Stripe. Renters pay when a booking is confirmed (immediately for instant-book listings, or once the host accepts a request). Hosts are paid through Stripe Connect. A host's payout for a rental is released after the rental is completed, not at the time of booking, and may be held while a dispute about that rental is open. Released funds can be withdrawn to a bank account; withdrawals typically arrive in 2–3 business days. By using the Service you agree to the Stripe Connected Account Agreement where applicable. Paying or accepting payment outside the Service is prohibited and forfeits gswap's dispute process.

6. Damage deposits

Hosts may set a damage deposit amount on a listing. Shortly before pickup, gswap places an authorization hold for the deposit amount on the renter's card. The hold is released after the gear is returned without an open damage claim. The deposit is charged, up to the deposit amount, only if the host reports damage or loss through the Service and gswap approves the claim after reviewing the evidence from both parties. By booking, renters authorize this hold and any approved charge.

7. Cancellations and refunds

Each listing carries one of three cancellation policies, chosen by the host and shown before booking. Renter cancellations are refunded according to that policy:

• Flexible: full refund up to 24 hours before pickup, none after.
• Moderate: full refund up to 72 hours before pickup, 50% until pickup, none after.
• Strict: full refund up to 7 days before pickup, none after.

Hosts may cancel an unpaid request at any time, and may cancel a paid booking up to 7 days before pickup, in which case the renter receives a full refund. Inside 7 days a host must contact support@gswap.fyi. Repeated host cancellations may result in listings being paused. If a renter does not complete payment within the checkout window, the booking is canceled and the dates are released.

8. Pickup, use, and return

• Hosts must provide gear that matches the listing and is safe to use. Renters should inspect gear at pickup and report problems before leaving.
• Both parties confirm pickup and return through the Service and should photograph the gear's condition at each handoff; those photos are the record in any dispute.
• Renters must return gear on the agreed date, in the condition received, allowing for normal wear. Late returns may be charged at the daily rate.
• Renters are responsible for gear while it is in their possession, including loss or theft, up to the listing's deposit amount and any amount agreed with the host.
• Gear must be used only for its intended purpose and in compliance with resort rules and local law.

9. Disputes

If something goes wrong, report it in the app from the booking as soon as possible. The other party has 48 hours to respond with their own account and evidence. gswap reviews the handoff photos, messages, and responses and makes a final decision, which may include charging the deposit, issuing a refund, or neither. Decisions are made in good faith and are binding on both parties for the purposes of the Service.

10. Reviews

After a completed rental, each party may review the other. Reviews must be honest and based on your own experience. We may remove reviews that are abusive, discriminatory, retaliatory, or unrelated to the rental.

11. Prohibited conduct

You agree not to:

• List gear you do not own or have the right to rent, or gear that is unsafe, recalled, or misrepresented.
• Arrange or accept payment outside the Service, or use the Service to advertise other rental channels.
• Harass, threaten, or discriminate against other users, or share their personal information.
• Post or send objectionable content, including hateful, sexually explicit, violent, or spam messages, listings, photos or reviews.
• Create multiple accounts, impersonate others, or circumvent a suspension.
• Scrape, reverse-engineer, or interfere with the Service or its security.
• Use the Service for any unlawful purpose.

We may suspend or terminate accounts that violate these Terms, and may withhold payouts connected to fraudulent or disputed activity.

Gswap has zero tolerance for objectionable content and abusive users. You can report a user, listing or message, and block another user, from within the app or website. We review reports within 24 hours and remove offending content and suspend the accounts responsible.

12. Account deletion

You may delete your account at any time from Settings. Accounts with active bookings or listings must resolve them first. Deleting your account removes your profile, listings, saved cards, and payout account; we retain transaction records as required by law and to resolve disputes.

13. Disclaimers and limitation of liability

Snow sports are inherently dangerous. The Service and all gear rented through it are provided "as is" without warranties of any kind. gswap does not guarantee the condition, safety, or suitability of any gear, or the conduct of any user. To the fullest extent permitted by law, gswap and its officers, employees, and contractors are not liable for any indirect, incidental, special, consequential, or punitive damages, or for personal injury, property damage, or loss arising from your use of the Service or of any gear rented through it. gswap's total liability for any claim relating to the Service is limited to the greater of the fees you paid to gswap in the 12 months before the claim or $100.

14. Indemnity

You agree to indemnify and hold gswap harmless from any claims, damages, and expenses (including reasonable legal fees) arising from your listings, your use of rented gear, your breach of these Terms, or your violation of any law or third-party right.

15. Governing law

These Terms are governed by the laws of the State of California, without regard to its conflict-of-law rules. Any dispute that cannot be resolved informally will be brought in the state or federal courts located in California, and you consent to their jurisdiction.

16. Changes to these Terms

We may update these Terms from time to time. We will post the new Terms on this page and update the "Last updated" date; material changes will also be announced in the app. Continued use of the Service after a change means you accept the updated Terms.

17. Contact

Questions about these Terms? Email us at support@gswap.fyi.