Terms of Service

You enter into a binding agreement with NicheShift, Inc. (an Idaho corporation, “NicheShift,” “we,” “us”) the moment you create an account, list a space, book a space, or otherwise use the NicheShift platform. If you do not agree to these Terms, do not use the platform.

These Terms incorporate the Privacy Policy, the Host Agreement (presented during host onboarding when applicable), the Hourly Space License Agreement (presented at checkout for every booking), and any policies referenced from this page. Together these are the “NicheShift Agreements.”

If you accept these Terms on behalf of an entity, you represent that you have the authority to bind that entity.

To use the platform you must:

• Be at least eighteen (18) years of age;
• Have the legal capacity to enter into a binding contract;
• Reside in or operate from a jurisdiction in which our service is offered (the United States at this time);
• Not be a person or entity prohibited from using the platform under applicable law, including U.S. sanctions and export-control laws; and
• Provide accurate, current, and complete information and update it when it changes.

You are responsible for maintaining the confidentiality of your account credentials and for every activity that occurs under your account. Notify us immediately at support@nicheshift.com if you believe your account has been compromised.

NicheShift operates a technology platform that connects owners and operators of commercial, non-residential spaces (“Hosts”) with persons or entities seeking short-term use of those spaces (“Renters”).

NicheShift is not a party to any agreement between a Host and a Renter. We do not own, lease, sublease, manage, operate, control, inspect, or insure any space listed on the platform. We do not provide real estate brokerage, property management, legal, tax, accounting, insurance, or financial advice. The display of a listing is not an endorsement, recommendation, or warranty of any kind.

We may, but are not obligated to, verify any information provided by users, moderate listings, or remove content that violates these Terms or applicable law.

Every confirmed booking creates a binding agreement between the Host and the Renter, governed by the Hourly Space License Agreement that the Renter accepts electronically at checkout. The Hourly Space License Agreement is the controlling document for the use of the space; these Terms govern your relationship with NicheShift as the platform.

Listings on NicheShift are for commercial, non-residential spaces only. Renters may not use a space for residential occupancy, overnight sleeping accommodations, or any other use that would cause the space to be considered a dwelling, transient lodging, hotel, or similar use under applicable law.

Two booking modes are available, at the Host's discretion per listing:

• Instant book — the booking confirms and the Renter is charged at the moment of checkout.
• Request to book — a hold is placed on the Renter's card; the Host has twenty-four (24) hours to accept or decline. If the host fails to act, the hold releases automatically and no charge is made.

All payments on the platform are processed by Stripe, Inc. or another third-party processor we designate. By using the platform you agree to the applicable Stripe terms, including the Stripe Services Agreement and (for Hosts) the Stripe Connected Account Agreement. NicheShift never sees or stores full card or bank-account numbers.

Fees. NicheShift charges the Host a platform fee on each booking, taken on the Host side at the time of charge:

• 10% on bookings originated through the NicheShift marketplace.
• 3% on bookings the Host originates through the embeddable widget on the Host's own website.

Renters pay the Host's hourly rate exactly as listed, plus optional insurance and applicable taxes. NicheShift does not add a separate renter service fee. Stripe's standard processing fee (2.9% + $0.30 per successful charge) is paid by NicheShift out of its platform fee on full refunds, and forfeited on partial refunds.

Host payouts are issued by Stripe via the Host's connected account on Stripe's standard next-business-day schedule. Sales and use tax is the Host's responsibility; NicheShift does not collect or remit sales tax on the Host's behalf at this time.

Each listing publishes a Host-selected cancellation policy (Flexible, Moderate, or Strict). The policy in force at the time of booking governs Renter-initiated cancellations. See the full schedule on the Cancellation Policy page.

Host-initiated cancellations of a confirmed booking entitle the Renter to a full refund regardless of the listing's policy. A Host who cancels within twenty-four (24) hours of start time incurs a late-cancellation penalty deducted from the Host's next payout and may be flagged for moderation review.

Stripe processing fees are not refundable by Stripe. Insurance premium refunds, when applicable, follow our insurance partner's cancellation response.

You retain ownership of the content you submit to the platform (photos, descriptions, reviews, messages, and the like). By submitting content you grant NicheShift a worldwide, royalty-free, non-exclusive, sublicensable license to host, store, reproduce, modify (for formatting), display, and distribute that content for the purpose of operating, marketing, and improving the platform. The license terminates when you remove the content from the platform, except where retention is required by law or to enforce these Terms.

You represent and warrant that you have all rights necessary to grant the foregoing license, that your content does not infringe any third party's rights, and that your content is accurate and not misleading.

While using the platform you will not:

• Use the platform for any unlawful, fraudulent, deceptive, or harmful purpose;
• Solicit or accept payment for a booking outside the platform, or attempt to route a booking off the platform once initiated;
• Submit false, inaccurate, or misleading content, including inflated reviews, fake bookings, or wash trades;
• List a space you do not have the legal right to license;
• Harass, threaten, defame, or discriminate against other users (including discrimination on the basis of any protected class);
• Scrape, crawl, copy, or otherwise systematically extract content from the platform except via documented APIs;
• Reverse engineer, decompile, or attempt to derive the source code of the platform;
• Use the platform to send unsolicited communications, spam, or chain messages;
• Interfere with, disrupt, or place undue load on the platform, including via automated scripts that exceed documented rate limits;
• Impersonate any other person, including another user, an employee of NicheShift, or a regulator.

NicheShift facilitates per-booking commercial general liability coverage through Thimble Insurance Services Inc. (“Thimble”). Hosts may require Thimble coverage on a listing, may permit Renters to self-attest to their own equivalent coverage, or may permit Renters to decline coverage. The chosen option for each booking is captured on the booking record.

NicheShift is not an insurer. Coverage terms, policy limits, and exclusions are set by Thimble and disclosed to the Renter at the time of binding. Self-attested and declined-coverage choices do not involve any NicheShift coverage. See the Insurance help page for details and the Hourly Space License Agreement's indemnification clause for what remains in force regardless of the coverage chosen.

THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. We disclaim all warranties, including merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from a course of dealing or usage of trade.

We do not warrant that the platform will be uninterrupted, error-free, secure, or free of harmful components; that any content on the platform is accurate, complete, or current; or that any particular result will be obtained from use of the platform.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NICHESHIFT WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY.

Our aggregate liability for any claim arising out of or related to these Terms or the platform will not exceed the greater of (a) the platform fees we earned from you in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred U.S. dollars ($100). Some jurisdictions do not allow the exclusion or limitation of certain damages; the foregoing limitations apply only to the extent permitted by law.

You will defend, indemnify, and hold harmless NicheShift, its affiliates, and its and their officers, directors, employees, contractors, and agents, from and against any third-party claim, loss, liability, damage, judgment, settlement, and reasonable attorneys' fees arising out of or related to: (a) your use of the platform; (b) your content; (c) your violation of these Terms or the Hourly Space License Agreement or any other NicheShift Agreement; (d) your violation of any law or third-party right; and (e) for Hosts, any breach of an Underlying Lease or other third-party agreement caused by your listing or operation of a space.

We may suspend or terminate your account at any time, with or without notice, if we reasonably believe you have violated these Terms or any other NicheShift Agreement, that your continued use of the platform creates legal or operational risk to NicheShift or other users, or for any other reason at our discretion. We may also pause or remove listings.

You may delete your account at any time by contacting support@nicheshift.com. Some records (booking history, payment receipts, audit logs) are retained as required for tax, accounting, and legal compliance.

We may update these Terms from time to time. When we do, we will post the updated version with a revised effective date. Material changes will be communicated by email to your registered address and via an in-product banner. Continued use of the platform after the effective date constitutes acceptance of the updated Terms; if you do not agree, stop using the platform.

Informal resolution first. Before filing any claim, contact us at support@nicheshift.com with a written description of the dispute and your requested resolution. The parties will negotiate in good faith for thirty (30) days before either party may proceed to a formal claim.

Small claims and arbitration. Disputes that remain unresolved may be brought in small claims court where they qualify. All other disputes will be resolved by binding individual arbitration before a single arbitrator under the Commercial Arbitration Rules of the American Arbitration Association. The seat of arbitration is Ada County, Idaho.

Class action waiver. You and NicheShift each waive any right to participate in a class action, representative proceeding, or jury trial. Disputes must be brought individually.

Governing law. These Terms are governed by the laws of the State of Idaho, without regard to its conflict-of-laws principles.

Entire agreement. These Terms, together with the other NicheShift Agreements, constitute the entire agreement between you and NicheShift regarding the platform.

Severability. If any provision is held unenforceable, the remainder will be enforced to the fullest extent permitted by law.

No waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.

Assignment. You may not assign these Terms without our prior written consent; we may assign them to an affiliate or in connection with a sale, merger, or reorganization of our business.

Force majeure. Neither party is liable for delay or failure to perform caused by events beyond its reasonable control.

Survival. Sections that by their nature should survive (intellectual property, disclaimers, liability limits, indemnification, disputes, miscellaneous) survive termination of these Terms.

NicheShift, Inc.
Boise, Idaho, United States
Legal: support@nicheshift.com
Support: support@nicheshift.com