Important: This agreement is provided as an implementation draft for OuiYo Rent. It is not tailored to your jurisdiction or business facts. Retain qualified legal counsel before publishing or enforcing these terms.
1. The platform is a marketplace only
OuiYo Rent (“OuiYo,” “we,” “us”) operates an online marketplace and related software services that help renters (“Renters”) discover listings and help hosts (“Vendors,” “Hosts”) advertise items for rent. OuiYo is not a rental company, lessor, insurer, carrier, warehouse, bailee, guarantor, agent for either party, or party to any rental transaction between users.
When a Renter books an item, any rental relationship is between the Renter and the Vendor who owns or lawfully offers the item. OuiYo may facilitate scheduling, messaging, or payments as a platform service, but OuiYo does not take possession of rented items, does not guarantee availability of items, and does not perform or supervise pickup, delivery, return, assembly, maintenance, training, or any on-site service unless expressly stated in writing for a particular pilot program.
2. No responsibility for fulfillment, condition, or use
Vendors are solely responsible for the accuracy of listings, the condition and fitness of items, compliance with law (including permits, safety, age restrictions, and motor-vehicle rules where applicable), and for coordinating pickup, delivery, handoff, return, cleaning, and deposits according to their stated policies and any booking confirmation.
Renters are solely responsible for inspecting items when reasonable, using items lawfully and safely, returning items on time and in the agreed condition, and paying amounts owed for the rental and any permitted charges (including damage or loss assessed consistent with the booking terms and applicable law).
OuiYo does not warrant that any item is free of defects, suitable for a particular purpose, or compliant with manufacturer instructions. Any dispute about quality, safety, timeliness of delivery or pickup, loss, theft, or damage to persons or property arising from the rental, transport, or use of an item is primarily between Renter and Vendor, subject to this Agreement and the dispute resolution provisions below.
3. Payments; no guarantee of payment performance
Where OuiYo or its payment partners process payments, such processing is a service to users and does not make OuiYo a guarantor of any user's payment obligations. Failed payments, chargebacks, freezes, fraud reviews, or delays caused by banks, card networks, or payment processors may occur; OuiYo is not liable for unpaid rentals, reversed transactions, or funds held by third parties except where required by law or expressly stated in a separate payment receipt.
To the fullest extent permitted by law, OuiYo disclaims liability for lost profits, lost revenue, consequential damages, or unpaid amounts owed between users, except as expressly required by applicable payment rules or law.
4. Limitation of liability
To the maximum extent permitted by applicable law, OuiYo and its affiliates, directors, officers, employees, contractors, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for loss of profits, goodwill, data, or opportunity, arising out of or related to the platform or any rental, whether based on contract, tort (including negligence), strict liability, or other theory, even if advised of the possibility of such damages.
To the maximum extent permitted by applicable law, OuiYo's aggregate liability for any claim arising out of or relating to the platform or this Agreement is limited to the greater of (a) USD $100 or (b) the platform fees OuiYo earned from the user for the specific booking directly giving rise to the claim during the six (6) months before the claim arose. Some jurisdictions do not allow certain limitations; in those jurisdictions OuiYo's liability is limited to the minimum extent permitted by law.
5. Indemnity
To the fullest extent permitted by law, you will indemnify, defend, and hold harmless OuiYo and its affiliates from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your use of the platform; (b) your listings, rentals, or items; (c) your violation of law or third-party rights; or (d) your breach of this Agreement. OuiYo may assume exclusive defense and control of any matter subject to indemnification, at your expense.
6. Platform disputes and informal resolution
Users should first use OuiYo's in-product dispute and support tools where available. Many payment or booking issues can be resolved between Renter and Vendor with documentation on the platform. OuiYo may, but is not obligated to, assist with facilitation.
7. Binding arbitration; class action waiver
Except where prohibited by law, any dispute, claim, or controversy arising out of or relating to this Agreement, the platform, or any rental or communication between users that is not resolved through OuiYo's informal support process shall be determined by binding arbitration administered by a neutral arbitration provider mutually acceptable to the parties, under rules geared toward consumer and commercial disputes (for example, AAA Consumer or Commercial Rules, as applicable), rather than in court, except that either party may bring an individual action in small claims court if the claim qualifies.
Class action waiver: To the fullest extent permitted by law, you and OuiYo agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, or representative proceeding.
You may opt out of this arbitration agreement within thirty (30) days of first accepting these terms by sending a written notice to OuiYo's designated legal contact with your name, email, and a clear statement that you opt out of arbitration. If you opt out, the arbitration section does not apply to you, but the remaining Agreement remains in effect.
If a court or arbitrator finds this arbitration section unenforceable, the remainder of this Agreement remains in effect and disputes will be resolved in the courts specified in the governing law section below.
8. Governing law; venue
This Agreement is governed by the laws of the State of Delaware, USA, excluding conflict-of-law rules. Subject to the arbitration section, users consent to exclusive jurisdiction and venue in the state or federal courts located in Delaware, except where prohibited by law for consumers in their home jurisdictions.
9. Vendor independence
Vendors are independent businesses or individuals responsible for their own taxes, insurance, registrations, and compliance. Nothing in this Agreement creates an employment, partnership, joint venture, or franchise relationship between OuiYo and any Vendor.
10. Renters
Renters acknowledge that items are provided by independent Vendors, that OuiYo does not inspect items in person, and that Renters use items at their own risk subject to any protections that cannot be waived under applicable law.
11. Changes; continued use
OuiYo may modify the platform and may update this Agreement from time to time. Material changes may require a new acceptance flow or notice as described on the site. Continued use after notice may constitute acceptance where permitted by law.
12. Severability; entire agreement
If any provision is held invalid, the remainder remains in effect. This Agreement, together with any policies referenced on the site, is the entire agreement regarding the subject matter described here.
Version reference for records: see platform settings or your account notices when updates occur.
