These terms of service constitute a legally binding agreement (the “Agreement”) between you and Yibby, Inc. (“Yibby,” “we,” “us” or “our”) governing your use of the Yibby application, website, and technology platform (collectively, the “Yibby Platform”).
PLEASE BE ADVISED: THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW CLAIMS YOU AND Yibby HAVE AGAINST EACH OTHER CAN BE BROUGHT (SEE SECTION 17 BELOW). THESE PROVISIONS WILL, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMI CLAIMS YOU HAVE AGAINST YIBBY TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING. AS A DRIVER, YOU HAVE AN OPPORTUNITY TO OPT OUT OF ARBITRATION WITH RESPECT TO CERTAIN CLAIMS AS PROVIDED IN SECTION 17.
By entering into to this Agreement, you expressly acknowledge that you understand this Agreement (including the dispute resolution and arbitration provisions Section 17) and accept all of its terms. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE YIBBY PLATFORM.
The Yibby Platform
The Yibby Platform provides a marketplace where persons who seek transportation to certain destinations (“Riders”) can be matched with persons driving to or through those destinations (“Drivers”). Drivers and Riders are collectively referred to herein as “Users,” and each User shall create a User account that enables access to the Yibby Platform. For purposes of this Agreement, the driving services provided by Drivers to Riders that are matched through the Platform shall be referred to collectively as the “Services”. Any decision by a User to offer or accept Services is a decision made in such User’s sole discretion. Each transportation Service provided by a Driver to a Rider shall constitute a separate agreement between such persons.
Modification to the Agreement
In the event Yibby modifies the terms and conditions of this Agreement, such modifications shall be binding on you only upon your acceptance of the modified Agreement. Yibby reserves the right to modify any information referenced in the hyperlinks from this Agreement from time to time, and such modifications shall become effective upon posting. Continued use of the Yibby Platform or Services after any such changes shall constitute your consent to such changes. Unless material changes are made to the arbitration provisions herein, you agree that modification of this Agreement does not create a renewed opportunity to opt out of arbitration (if applicable).
The Yibby Platform may only be used by individuals who can form legally binding contracts under applicable law. The Yibby Platform is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently deactivated. By becoming a User, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You may not allow other persons to use your User account, and you agree that you are the sole authorized user of your account.
As a Rider, you agree to pay the amounts charged for your use of the Yibby Platform and Services (“Charges”). Charges include Fares and other applicable fees, tolls, surcharges, and taxes as set forth on your Yibby’s page (www.yibbyapp.com), plus any tips to the Driver that you elect to pay. Yibby has the authority and reserves the right to determine and modify pricing by posting applicable pricing terms to your Yibby’s page. Pricing may vary based on the price the rider bids and the driver accepts or counters. You are responsible for reviewing the applicable Yibby How To page and shall be responsible for all Charges incurred under your User account regardless of your awareness of such Charges or the amounts thereof.
Fares. There are two types of fares, variable and quoted.
Variable Fares. Variable fares consist of a base charge and incremental charges based on the duration and distance of your ride. We will use this information to provide a suggested price for you to start your bid. Please note that we use GPS data from your Driver’s phone to calculate the distance traveled on your ride. We cannot guarantee the availability or accuracy of GPS data. If we lose signal we will calculate time and distance using available data from your ride.
Bided Fares. Bidded fares are when riders use the Variable Fares to calculate a fare that best suits their price they are willing to pay. Riders send their bid to drivers who will either accept or Counter Offer with a bid of their own for the riders to either accept or decline.
Counter Offer. In some cases drivers may not accept the riders initial bid and counter offer for a different price at the time of your request. The Counter Offer can be accepted or declined by the rider. If during your ride you change your destination, make multiple stops, or attempt to abuse the Yibby Platform, we may cancel the fare quote and charge you a variable fare based on the time and distance of your ride. Yibby does not guarantee that the quoted fare price will be equal to a variable fare for the same ride.
Fees and Other Charges.
Service Fee. Yibby may assess a per-ride “Service Fee” to support the Yibby Platform and related services provided to you by Yibby. The amount of the Service Fee may vary but shall be retained by Yibby in its entirety.
Cancellation Fee. After requesting a ride you may cancel it through the app, but note that in certain cases a cancellation fee may apply. You may also be charged if you fail to show up after requesting a ride. Please check out our Help Center to learn more about Yibby’s cancellation policy, including applicable fees. Collected cancellation fees will be passed in their entirety to the Driver who had accepted your ride request.
Damage Fee. If a Driver reports that you have materially damaged the Driver's vehicle, you agree to pay a “Damage Fee” of up to $250 depending on the extent of the damage (as determined by Yibby in its sole discretion), towards vehicle repair or cleaning. Yibby reserves the right (but is not obligated) to verify or otherwise require documentation of damages prior to processing the Damage Fee. Collected Damage Fees will be passed in their entirety to the Driver whose car was damaged.
Tolls. In some instances tolls (or return tolls) may apply to your ride. Please see our Help Center and your Yibby’s page for more information about toll charges and a list of applicable tolls and return charges. We do not guarantee that the amount charged by Yibby will match the toll charged to the Driver, if any. The amount of collected tolls (and return tolls) will be passed in their entirety to the Driver who provided your ride.
Other Charges. Other fee and surcharges may apply to your ride, including: actual or anticipated airport fees, state or local fees, event fees as determined by Yibby or its marketing partners, and processing fees for split payments. In addition, where required by law Yibby will collect applicable taxes. These other charges are not shared with your Driver unless expressly stated otherwise. See your Yibby’s page for details on other Charges that may apply to your ride.
Tips. Following a ride, you may elect to tip your Driver in cash or through the Yibby application. Any tips will be provided entirely to the applicable Driver.
Facilitation of Charges. All Charges are facilitated through a third-party payment processing service (e.g., Stripe, Inc., or Braintree, a division of PayPal, Inc.). Yibby may replace its third-party payment processing services without notice to you. Charges shall only be made through the Yibby Platform. With the exception of tips, cash payments are strictly prohibited.
No Refunds. All Charges are non-refundable. This no-refund policy shall apply at all times regardless of your decision to terminate usage of the Yibby Platform, any disruption to the Yibby Platform or Services, or any other reason whatsoever.
Credits and Ride Discounts. You may receive credits ("Yibby Credits") or Ride discounts ("Ride Discounts") that you can apply toward payment of certain Charges upon completion of a Ride. Yibby Credits and Ride Discounts are only valid for use on the Yibby Platform, and are not transferable or redeemable for cash except as required by law. Yibby Credits and Ride Discounts cannot be combined, and if the cost of your ride exceeds the applicable credit or discount value we will charge your payment method on file for the outstanding cost of the Ride. Ride Discounts only apply to the Fare, not the Service Fee or other charges. Additional restrictions on Yibby Credits and Ride Discounts may apply as communicated to you in a relevant promotion or by clicking on the relevant Yibby Credit or Ride Discount within the Payments section of the Yibby App.
Credit Card Authorization. Upon addition of a new payment method or each ride request, Yibby may seek authorization of your selected payment method to verify the payment method, ensure the ride cost will be covered, and protect against unauthorized behavior. The authorization is not a charge, however, it may reduce your available credit by the authorization amount until your bank’s next processing cycle. Should the amount of our authorization exceed the total funds on deposit in your account, you may be subject to overdraft of NSF charges by the bank issuing your debit or check card. We cannot be held responsible for these charges and are unable to assist you in recovering them from your issuing bank. Check out our Help Center to learn more about our use of pre-authorization holds.
If you are a Driver, you will receive payment for your provision of Services. All Fare payments are subject to a Yibby Commission, discussed below. You will also receive any tips provided by Riders to you, and tips will not be subject to any Yibby Commission. Yibby will process all payments due to you through its third party payments processor. You acknowledge and agree that such amounts shall not include any interest and will be net of any amounts that we are required to withhold by law.
Commission. In exchange for permitting you to offer your Services through the Yibby Platform and marketplace as a Driver, you agree to pay Yibby (and permit Yibby to retain) a fee based on each transaction in which you provide Services (the “Commission”). The amount of the applicable Commission will be communicated to you in a Commission schedule through the Driver portal. Yibby reserves the right to change the Commission at any time in Yibby’s discretion based upon local market factors, and Yibby will provide you with notice in the event of such change. Continued use of the Yibby Platform after any such change in the Commission calculation shall constitute your consent to such change.
Pricing. You expressly authorize Yibby to set the base price on your behalf for all Charges that apply to the provision of Services. Yibby used this base price to set a reasonable and fair price for the rider to use to bid for the trip. Yibby reserves the right to change the Fare schedule at any time in our discretion based upon local market factors, and we will provide you with notice in the event of changes to the base fare, per mile, and/or per minute amounts that would result in a change in the applicable Fares. Charges may be subject to maximum limits as set forth in the Yibby Help Center.
Fare Adjustment. Yibby reserves the right to adjust or withhold all or a portion of Fares if it believes that (i) you have attempted to defraud or abuse Yibby or Yibby’s payment systems, (ii) in order to resolve a Rider complaint (e.g., you took an inefficient route or failed to properly end a particular instance of Services in the Yibby application when the ride was over). Yibby’s decision to adjust or withhold the Fare in any way shall be exercised in a reasonable manner.
By becoming a User, you agree to receive communications from us, including via e-mail, text message, calls, and push notifications. You agree that texts, calls or prerecorded messages may be generated by automatic telephone dialing systems. Communications from Yibby, its affiliated companies and/or Drivers, may include but are not limited to: operational communications concerning your User account or use of the Yibby Platform or Services, updates concerning new and existing features on the Yibby Platform, communications concerning promotions run by us or our third- party partners, and news concerning Yibby and industry developments. Standard text messaging charges applied by your cell phone carrier will apply to text messages we send.
IF YOU WISH TO OPT OUT OF PROMOTIONAL EMAILS, YOU CAN UNSUBSCRIBE FROM OUR PROMOTIONAL EMAIL LIST BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL EMAIL ITSELF. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL TEXTS OR CALLS AS A CONDITION OF USING THE Yibby PLATFORM OR THE SERVICES. IF YOU WISH TO OPT OUT OF ALL TEXTS OR CALLS FROM yibby (INCLUDING OPERATIONAL OR TRANSACTIONAL TEXTS OR CALLS), YOU CAN send an email to firstname.lastname@example.org, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL TEXTS MAY IMPACT YOUR USE OF THE YIBBY PLATFORM OR THE SERVICES.
You may be able to create or log-in to your Yibby User account through online accounts you may have with third party social networking sites (each such account, an "SNS Account"). By connecting to Yibby through an SNS Account, you understand that Yibby may access, store, and make available any SNS Account content according to the permission settings of your SNS Account (e.g., friends, mutual friends, contacts or following/followed lists (the “SNS Content”)). You understand that SNS Content may be available on and through the Yibby Platform to other Users. Unless otherwise specified in this Agreement, all SNS Content, if any, shall be considered to be your Information.
Promotions and Referral Programs
Yibby, at its sole discretion, may make available promotions with different features to any Users or prospective Users. These promotions, unless made to you, shall have no bearing whatsoever on your Agreement or relationship with Yibby. Yibby reserves the right to withhold or deduct credits or benefits obtained through a promotion the event that Yibby determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or this Agreement.
As part of your User account, Yibby may provide you with or allow you to create a “Yibby Code,” a unique alphanumeric code for you to distribute to friends, family and other persons (each a “Referred User”) to become new Yibby Riders (“Referred Riders”) or Drivers (“Referred Drivers”). Yibby Codes may only be distributed for promotional purposes and must be given away free of charge. You may not sell, trade, or barter your Yibby Code. You are prohibited from advertising Yibby Codes, including but not limited to: Google, Facebook, Twitter, Bing and Craigslist. Yibby reserves the right to deactivate or invalidate any Yibby Code at any time in Yibby’s discretion.
From time to time, Yibby may offer you with incentives to refer new Users to the Yibby community (the “Referral Program”). These incentives may come in the form of Yibby Credits, and Yibby may set or change the incentive types, amounts, terms, restrictions, and qualification requirements for any incentives in its sole discretion. Your distribution of Yibby Codes and participation in the Referral Program is subject to this Agreement and the additional Referral Program rules.
With respect to your use of the Yibby Platform and your participation in the Services, you agree that you will not:
impersonate any person or entity;
stalk, threaten, or otherwise harass any person, or carry any weapons;
violate any law, statute, rule, permit, ordinance or regulation;
interfere with or disrupt the Services or the Yibby Platform or the servers or networks connected to the Yibby Platform;
post Information or interact on the Yibby Platform or Services in a manner which is false, inaccurate, misleading (directly or by omission or failure to update information), defamatory, libelous, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, or illegal;
use the Yibby Platform in any way that infringes any third party’s rights, including but not limited to: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Yibby Platform;
“frame” or “mirror” any part of the Yibby Platform, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose; or
modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Yibby Platform or any software used on or for the Yibby Platform;
rent, lease, lend, sell, redistribute, license or sublicense the Yibby Platform or access to any portion of the Yibby Platform;
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Yibby Platform or its contents;
link directly or indirectly to any other web sites;
transfer or sell your User account, password and/or identification to any other party
discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or
cause any third party to engage in the restricted activities above.
Driver Representations, Warranties and Agreements
By providing Services as a Driver on the Yibby Platform, you represent, warrant, and agree that:
You possess a valid driver’s license and are authorized and medically fit to operate a motor vehicle and have all appropriate licenses, approvals and authority to provide transportation to Riders in all jurisdictions in which you provide Services.
You own, or have the legal right to operate, the vehicle you use when providing Services, and such vehicle is in good operating condition and meets the industry safety standards and all applicable statutory and state department of motor vehicle requirements for a vehicle of its kind.
You will not engage in reckless behavior while driving, drive unsafely, operate a vehicle that is unsafe to drive, be involved in a motor vehicle accident or collision of any kind, permit an unauthorized third party to accompany you in the vehicle while providing Services, provide Services as a Driver while under the influence of alcohol or drugs, or take action that harms or threatens to harm the safety of the Yibby community or third parties.
You will only provide Services using the vehicle that has been reported to, and approved by Yibby, and for which a photograph has been provided to Yibby, and you will not transport more passengers than can securely be seated in such vehicle (and no more than seven (7) passengers in any instance).
You will not make any misrepresentation regarding Yibby, the Yibby Platform, the Services or your status as a Driver.
You will not, while providing the Services, operate as a public carrier or taxi service, accept street hails, charge for rides (except as expressly provided in this Agreement), demand that a rider pay in cash, or use a credit card reader, such as a Square Reader, to accept payment or engage in any other activity in a manner that is inconsistent with your obligations under this Agreement.
You will not attempt to defraud Yibby or Riders on the Yibby Platform or in connection with your provision of Services. If we suspect that you have engaged in fraudulent activity we may withhold applicable Fares or other payments for the ride(s) in question.
You will make reasonable accommodation for Riders and/or for service animals, as required by law
You agree that we may obtain information about you, including your criminal and driving records, and you agree to provide any further necessary authorizations to facilitate our access to such records during the term of the Agreement.
You have a valid policy of liability insurance (in coverage amounts consistent with all applicable legal requirements) that names or schedules you for the operation of the vehicle you use to provide Services.
You will pay all applicable federal, state and local taxes based on your provision of Services and any payments received by you.
All intellectual property rights in the Yibby Platform shall be owned by Yibby absolutely and in their entirety. These rights include and are not limited to database rights, copyright, design rights (whether registered or unregistered), trademarks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same. All other trademarks, logos, service marks, company or product names set forth in the Yibby Platform are the property of their respective owners. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information (“Submissions”) provided by you to us are non-confidential and shall become the sole property of Yibby. Yibby shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
YIBBY and other Yibby logos, designs, graphics, icons, scripts and service names are registered trademarks, trademarks or trade dress of Yibby in the United States and/or other countries (collectively, the “Yibby Marks”). If you provide Services as a Driver, Yibby grants to you, during the term of this Agreement, and subject to your compliance with the terms and conditions of this Agreement, a limited, revocable, non-exclusive license to display and use the Yibby Marks solely in connection with providing the Services through the Yibby Platform (“License”). The License is non-transferable and non-assignable, and you shall not grant to any third party any right, permission, license or sublicense with respect to any of the rights granted hereunder without Yibby’s prior written permission, which it may withhold in its sole discretion. The Yibby Marks may not be used in any manner that is likely to cause confusion.
You acknowledge that Yibby is the owner and licensor of the Yibby Marks, including all goodwill associated therewith, and that your use of the Yibby Marks will confer no additional interest in or ownership of the Yibby Marks in you but rather inures to the benefit of Yibby. You agree to use the Yibby Marks strictly in accordance with Yibby’s Trademark Usage Guidelines, as may be provided to you and revised from time to time, and to immediately cease any use that Yibby determines to nonconforming or otherwise unacceptable.
You agree that you will not: (1) create any materials that incorporate the Yibby Marks or any derivatives of the Yibby Marks other than as expressly approved by Yibby in writing; (2) use the Yibby Marks in any way that tends to impair their validity as proprietary trademarks, service marks, trade names or trade dress, or use the Yibby Marks other than in accordance with the terms, conditions and restrictions herein; (3) take any other action that would jeopardize or impair Yibby’s rights as owner of the Yibby Marks or the legality and/or enforceability of the Yibby Marks, including, without limitation, challenging or opposing Yibby’s ownership in the Yibby Marks; (4) apply for trademark registration or renewal of trademark registration of any of the Yibby Marks, any derivative of the Yibby Marks, any combination of the Yibby Marks and any other name, or any trademark, service mark, trade name, symbol or word which is similar to the Yibby Marks; (5) use the Yibby Marks on or in connection with any product, service or activity that is in violation of any law, statute, government regulation or standard.
Violation of any provision of this License may result in immediate termination of the License, in Yibby’s sole discretion. If you create any materials bearing the Yibby Marks (in violation of this Agreement or otherwise), you agree that upon their creation Yibby exclusively owns all right, title and interest in and to such materials, including without limitation any modifications to the Yibby Marks or derivative works based on the Yibby Marks. You further agree to assign any interest or right you may have in such materials to Yibby, and to provide information and execute any documents as reasonably requested by Yibby to enable Yibby to formalize such assignment.
Yibby respects the intellectual property of others, and expects Users to do the same. If you believe, in good faith, that any materials on the Yibby Platform or Services infringe upon your copyrights, please visit Copyright Policy page for information on how to make a copyright complaint.
The following disclaimers are made on behalf of Yibby, our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, and shareholders.
Yibby does not provide transportation services, and Yibby is not a transportation carrier. It is up to the Driver to decide whether or not to offer a ride to a Rider contacted through the Yibby Platform, and it is up to the Rider to decide whether or not to accept a ride from any Driver contacted through the Yibby Platform. We cannot ensure that a Driver or Rider will complete an arranged transportation service. We have no control over the quality or safety of the transportation that occurs as a result of the Services.
The Yibby Platform is provided on an “as is” basis and without any warranty or condition, express, implied or statutory. We do not guarantee and do not promise any specific results from use of the Yibby Platform and/or the Services, including the ability to provide or receive Services at any given location or time. We specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you.
We do not warrant that your use of the Yibby Platform or Services will be accurate, complete, reliable, current, secure, uninterrupted, always available, or error- free, or will meet your requirements, that any defects in the Yibby Platform will be corrected, or that the Yibby Platform is free of viruses or other harmful components. We disclaim liability for, and no warranty is made with respect to, connectivity and availability of the Yibby Platform or Services.
We cannot guarantee that each Rider is who he or she claims to be. Please use common sense when using the Yibby Platform and Services, including looking at the photos of the Driver or Rider you have matched with to make sure it is the same individual you see in person. Please note that there are also risks of dealing with underage persons or people acting under false pretense, and we do not accept responsibility or liability for any content, communication or other use or access of the Yibby Platform by persons under the age of 18 in violation of this Agreement. We encourage you to communicate directly with each potential Driver or Rider prior to engaging in an arranged transportation service.
Yibby is not responsible for the conduct, whether online or offline, of any User of the Yibby Platform or Services. You are solely responsible for your interactions with other Users. We do not procure insurance for, nor are we responsible for, personal belongings left in the car by Drivers or Riders. By using the Yibby Platform and participating in the Services, you agree to accept such risks and agree that Yibby is not responsible for the acts or omissions of Users on the Yibby Platform or participating in the Services.
Yibby expressly disclaims any liability arising from the unauthorized use of your User account. Should you suspect that any unauthorized party may be using your User account or you suspect any other breach of security, you agree to notify us immediately.
It is possible for others to obtain information about you that you provide, publish or post to or through the Yibby Platform (including any profile information you provide), send to other Users, or share during the Services, and to use such information to harass or harm you. We are not responsible for the use of any personal information that you disclose to other Users on the Yibby Platform or through the Services. Please carefully select the type of information that you post on the Yibby Platform or through the Services or release to others. We disclaim all liability, regardless of the form of action, for the acts or omissions of other Users (including unauthorized users, or “hackers”).
Opinions, advice, statements, offers, or other information or content concerning Yibby or made available through the Yibby Platform, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. Under no circumstances will we be responsible for any loss or damage resulting from your reliance on information or other content posted by third parties, whether on the Yibby Platform or otherwise. We reserve the right, but we have no obligation, to monitor the materials posted on the Yibby Platform and remove any such material that in our sole opinion violates, or is alleged to violate, the law or this agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of Users or others.
Location data provided by the Yibby Platform is for basic location purposes only and is not intended to be relied upon in situations where precise location information is needed or where erroneous, inaccurate or incomplete location data may lead to death, personal injury, property or environmental damage. Neither Yibby, nor any of its content providers, guarantees the availability, accuracy, completeness, reliability, or timeliness of location data tracked or displayed by the Yibby Platform. Any of your Information, including geolocational data, you upload, provide, or post on the Yibby Platform may be accessible to Yibby and certain Users of the Yibby Platform.
Yibby advises you to use the Yibby Platform with a data plan with unlimited or very high data usage limits, and Yibby shall not responsible or liable for any fees, costs, or overage charges associated with any data plan you use to access the Yibby Platform.
This paragraph applies to any version of the Yibby Platform that you acquire from the Apple App Store. This Agreement is entered into between you and Yibby. Apple, Inc. (“Apple”) is not a party to this Agreement and shall have no obligations with respect to the Yibby Platform. Yibby, not Apple, is solely responsible for the Yibby Platform and the content thereof as set forth hereunder. However, Apple and Apple’s subsidiaries are third party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof. This Agreement incorporates by reference Apple’s Licensed Application End User License Agreement, for purposes of which, you are “the end-user.” In the event of a conflict in the terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
State and Local Disclosures
Certain jurisdictions require additional disclosures to you. You can view any disclosures required by your local jurisdiction at www.yibby.com/terms/disclosures. We will update the disclosures page as jurisdictions add, remove or amend these required disclosures, so please check in regularly for updates.
You will defend, indemnify, and hold Yibby including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders harmless from any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Yibby Platform and participation in the Services, including: (1) your breach of this Agreement or the documents it incorporates by reference; (2) your violation of any law or the rights of a third party, including, without limitation, Drivers, Riders, other motorists, and pedestrians, as a result of your own interaction with such third party; (3) any allegation that any materials that you submit to us or transmit through the Yibby Platform or to us infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (4) your ownership, use or operation of a motor vehicle or passenger vehicle, including your provision of Services as a Driver; and/or (5) any other activities in connection with the Services. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person.
Limitation of Liability
IN NO EVENT WILL YIBBY, INCLUDING OUR AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS (COLLECTIVELY “YIBBY” FOR PURPOSES OF THIS SECTION), BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE YIBBY PLATFORM, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE YIBBY PLATFORM, THE SERVICES, OR THIS AGREEMENT, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE YIBBY PLATFORM MAY BE USED BY YOU TO REQUEST AND SCHEDULE TRANSPORTATION, GOODS, OR OTHER SERVICES WITH THIRD PARTY PROVIDERS, BUT YOU AGREE THAT YIBBY HAS NO RESPONSIBILITY OR LIABILITY TO YOU RELATED TO ANY TRANSPORTATION, GOODS OR OTHER SERVICES PROVIDED TO YOU BY THIRD PARTY PROVIDERS OTHER THAN AS EXPRESSLY SET FORTH IN THERE TERMS. CERTAIN JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
Term and Termination
This Agreement is effective upon your creation of a User account. This Agreement may be terminated: a) by User, without cause, upon seven (7) days’ prior written notice to Yibby; or b) by either Party immediately, without notice, upon the other Party’s material breach of this Agreement, including but not limited to any breach of Section 9 or breach of Section 10(a) through (i) of this Agreement. In addition, Yibby may terminate this Agreement or deactivate your User account immediately in the event: (1) you no longer qualify to provide Services or to operate the approved vehicle under applicable law, rule, permit, ordinance or regulation; (2) you fall below Yibby’s star rating or cancellation threshold; (3) Yibby has the good faith belief that such action is necessary to protect the safety of the Yibby community or third parties, provided that in the event of a deactivation pursuant to (1)-(3) above, you will be given notice of the potential or actual deactivation and an opportunity to attempt to cure the issue to Yibby’s reasonable satisfaction prior to Yibby permanently terminating the Agreement. For all other breaches of this Agreement, you will be provided notice and an opportunity to cure the breach. If the breach is cured in a timely manner and to Yibby’s satisfaction, this Agreement will not be permanently terminated. Sections 2, 6, 7 (with respect to the license), 11-12, 14-19, and 21 shall survive any termination or expiration of this Agreement.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
(a) Agreement to Binding Arbitration Between You and Yibby.
YOU AND YIBBY MUTUALLY AGREE TO WAIVE OUR RESPECTIVE RIGHTS TO RESOLUTION OF DISPUTES IN A COURT OF LAW BY A JUDGE OR JURY AND AGREE TO RESOLVE ANY DISPUTE BY ARBITRATION, as set forth below. This agreement to arbitrate (“Arbitration Agreement”) is governed by the Federal Arbitration Act and survives after the Agreement terminates or your relationship with Yibby ends. ANY ARBITRATION UNDER THIS AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED. Except as expressly provided below, this Arbitration Agreement applies to all Claims (defined below) between you and Yibby, including our affiliates, subsidiaries, parents, successors and assigns, and each of our respective officers, directors, employees, agents, or shareholders.
Except as expressly provided below, ALL DISPUTES AND CLAIMS BETWEEN US (EACH A “CLAIM” AND COLLECTIVELY, “CLAIMS”) SHALL BE EXCLUSIVELY RESOLVED BY BINDING ARBITRATION SOLELY BETWEEN YOU AND YIBBY. These Claims include, but are not limited to, any dispute, claim or controversy, whether based on past, present, or future events, arising out of or relating to: this Agreement and prior versions thereof (including the breach, termination, enforcement, interpretation or validity thereof), the Yibby Platform, the Services, any other goods or services made available through the Yibby Platform, your relationship with Yibby, the threatened or actual suspension, deactivation or termination of your User Account or this Agreement, payments made by you or any payments made or allegedly owed to you, any promotions or offers made by Yibby, any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, wrongful termination, discrimination, harassment, retaliation, fraud, defamation, emotional distress, breach of any express or implied contract or covenant, claims arising under federal or state consumer protection laws; claims arising under antitrust laws, claims arising under the Telephone Consumer Protection Act and Fair Credit Reporting Act; and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Older Workers Benefit Protection Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act and state statutes, if any, addressing the same or similar subject matters, and all other federal and state statutory and common law claims. All disputes concerning the arbitrability of a Claim (including disputes about the scope, applicability, enforceability, revocability or validity of the Arbitration Agreement) shall be decided by the arbitrator, except as expressly provided below.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND THAT YOU AND YIBBY ARE WAIVING THE RIGHT TO SUE IN COURT OR HAVE A JURY TRIAL FOR ALL CLAIMS, EXCEPT AS EXPRESSLY OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT. This Arbitration Agreement is intended to require arbitration of every claim or dispute that can lawfully be arbitrated, except for those claims and disputes which by the terms of this Arbitration Agreement are expressly excluded from the requirement to arbitrate.
Before initiating any arbitration or proceeding, you and Yibby may agree to first attempt to negotiate any dispute, claim or controversy between the parties informally for 30 days, unless this time period is mutually extended by you and Yibby. A party who intends to seek negotiation under this subsection must first send to the other a written notice of the dispute (“Notice”). The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought. All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation by any of the parties, their agents, employees, and attorneys are confidential, privileged and inadmissible for any purpose, including as evidence of liability or for impeachment, in arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
You agree not to use any technical, financial, strategic and other proprietary and confidential information relating to Yibby’s business, operations and properties, including User information (“Confidential Information”) disclosed to you by Yibby for your own use or for any purpose other than as contemplated herein. You shall not disclose or permit disclosure of any Confidential Information to third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of Yibby in order to prevent it from falling into the public domain. Notwithstanding the above, you shall not have liability to Yibby with regard to any Confidential Information which you can prove: was in the public domain at the time it was disclosed by Yibby or has entered the public domain through no fault of yours; was known to you, without restriction, at the time of disclosure, as demonstrated by files in existence at the time of disclosure; is disclosed with the prior written approval of Yibby; becomes known to you, without restriction, from a source other than Yibby without breach of this Agreement by you and otherwise not in violation of Yibby’s rights; or is disclosed pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that You shall provide prompt notice of such court order or requirement to Yibby to enable Yibby to seek a protective order or otherwise prevent or restrict such disclosure.
Relationship with Yibby
As a Driver on the Yibby Platform, you acknowledge and agree that you and Yibby are in a direct business relationship, and the relationship between the parties under this Agreement is solely that of independent contracting parties. You and Yibby expressly agree expressly agree that (1) this is not an employment agreement and does not create an employment relationship between you and Yibby; and (2) no joint venture, franchisor-franchisee, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Yibby, and you undertake not to hold yourself out as an employee, agent or authorized representative of Yibby.
Yibby does not, and shall not be deemed to, direct or control you generally or in your performance under this Agreement specifically, including in connection with your provision of Services, your acts or omissions, or your operation and maintenance of your vehicle. You retain the sole right to determine when, where, and for how long you will utilize the Yibby Platform. You retain the option to accept or to decline or ignore a Rider’s request for Services via the Yibby Platform, or to cancel an accepted request for Services via the Yibby Platform, subject to Yibby’s then-current cancellation policies. With the exception of any signage required by law or permit/license rules or requirements, Yibby shall have no right to require you to: (a) display Yibby’s names, logos or colors on your vehicle(s); or (b) wear a uniform or any other clothing displaying Yibby’s names, logos or colors. You acknowledge and agree that you have complete discretion to provide Services or otherwise engage in other business or employment activities.
In addition to connecting Riders with Drivers, the Yibby Platform may enable Users to provide or receive goods or services from other third parties. For example, Users may be able to use the Yibby Platform to order a delivery of goods, purchase a digital item, request a carpool ride from a commuter going in your direction, or when travelling outside of the United States, to connect with local transportation platforms and request rides from local drivers (collectively, the “Other Services”). You understand and that the Other Services are subject to the terms and pricing of the third-party provider. If you choose to purchase Other Services through the Yibby Platform, you authorize Yibby to charge your payment method on file according to the pricing terms set by the third-party provider. You agree that Yibby is not responsible and may not be held liable for the Other Services or the actions or omissions of the third- party provider. Such Other Services may not be investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Other Services accessed through the Yibby Platform.
Except as provided in Section 17, this Agreement shall be governed by the laws of the State of California without regard to choice of law principles. This choice of law provision is only intended to specify the use of California law to interpret this Agreement and is not intended to create any other substantive right to non-Californians to assert claims under California law whether by statute, common law, or otherwise. If any provision of this Agreement is or becomes invalid or non-binding, the parties shall remain bound by all other provisions hereof. In that event, the parties shall replace the invalid or non- binding provision with provisions that are valid and binding and that have, to the greatest extent possible, a similar effect as the invalid or non-binding provision, given the contents and purpose of this Agreement. You agree that this Agreement and all incorporated agreements may be automatically assigned by Yibby, in our sole discretion by providing notice to you. Except as explicitly stated otherwise, any notices to Yibby shall be given by certified mail, postage prepaid and return receipt requested to Yibby, Inc., 185 Berry St., Suite 5000, San Francisco, CA 94107. Any notices to you shall be provided to you through the Yibby Platform or given to you via the email address or physical address you provide to Yibby during the registration process. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. A party’s failure to act with respect to a breach by the other party does not constitute a waiver of the party’s right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between you and Yibby with respect to the subject matter hereof and supersedes all previous understandings and agreements between the parties, whether oral or written.
If you have any questions regarding the Yibby Platform or Services, please contact our Customer Support Team through our Help Center.
Information We Collect
A. Information You Provide to Us
Registration Information. When you sign up for a Yibby account, you give us your name, email address, and phone number. If you decide to sign up for Yibby using your Facebook account, we will also get basic information from your Facebook profile like your name, gender, profile photo, and Facebook friends.
User Profile Information. When you join the Yibby community, you can create a Yibby Profile to share fun facts about yourself, and discover mutual friends and interests. Filling out a profile is optional, and you can share as little or as much as you want. Your name (and for Drivers, Profile photos) is always part of your Profile. Read more below about how you can control who sees your Profile. You can also add a Business Profile to your account, which requires a designated business email address and payment method.
Payment Method. When you add a credit card or payment method to your Yibby account, a third party that handles payments for us will receive your card information. To keep your financial data secure, we do not store full credit card information on our servers.
Communications. If you contact us directly, we may receive additional information about you. For example, when you contact our Customer Support Team, we will receive your name, email address, phone number, the contents of a message or attachments that you may send to us, and other information you choose to provide.
Driver Application Information. If you decide to join our Yibby driver community, in addition to the basic registration information we ask you for your date of birth, physical address, Social Security number, driver’s license information, vehicle information, car insurance information, and in some jurisdictions we may collect additional business license or permitting information. We share this information with our partners who help us by running background checks on Drivers to help protect the Yibby community.
Payment Information. To make sure Drivers get paid, we keep information about Drivers’ bank routing numbers, tax information, and any other payment information provided by Drivers.
B. Information We Collect When You Use the Yibby Platform
Location Information. Yibby is all about connecting Drivers and Riders. To do this, we need to know where you are. When you open Yibby on your mobile device, we receive your location. We may also collect the precise location of your device when the app is running in the foreground or background. If you label certain locations, such as “home” and “work,” we receive that information, too.
Your location information is necessary for things like matching Riders with nearby Drivers, determining drop off and pick up locations, and suggesting destinations based on previous trips. Also, if the need ever arises, our Trust & Safety team may use and share location information to help protect the safety of Yibby Users or a member of the public. In addition to the reasons described above, Drivers’ location information and distance travelled is necessary for calculating charges and insurance for Yibby rides. If you give us permission through your device settings or Yibby app, we may collect your location while the app is off to identify promotions or service updates in your area.
Device Information. Yibby receives information from Users’ devices, including IP address, web browser type, mobile operating system version, phone carrier and manufacturer, application installations, device identifiers, mobile advertising identifiers, push notification tokens, and, if you register with your Facebook account, your Facebook identifier. We collect mobile sensor data from Drivers’ devices (such as speed, direction, height, acceleration or deceleration) to improve location accuracy and analyze usage patterns.
Usage Information. To help us understand how you use the Yibby Platform and to help us improve it, we automatically receive information about your interactions with the Yibby Platform, like the pages or other content you view, your actions within the Yibby app, and the dates and times of your visits.
Call and Text Information. We work with a third party partner to facilitate phone calls and text messages between Riders and Drivers who have been connected for a ride. We receive information about these communications including the date and time of the call or SMS message, the parties’ phone numbers, and the content of any SMS messages. For security purposes, we may also monitor and/or record the contents of phone calls made on the Yibby Platform, such as those between Riders and Drivers. You will be given notice that your call may be recorded, and by proceeding you agree to allow Yibby to monitor and/or record your call.
User Feedback. At Yibby, we want to make sure Users are always enjoying great rides. Riders and Drivers may rate and review each other at the end of every ride. We receive information about ratings and reviews and, as we explain below, give Riders information about Drivers’ ratings and reviews and vice versa.
Information from Cookies and Similar Technologies. We collect information through the use of “cookies”, tracking pixels, and similar technologies to understand how you navigate through the Yibby Platform and interact with Yibby advertisements, to learn what content is popular, and to save your preferences. Cookies are small text files that web servers place on your device; they are designed to store basic information and to help websites and apps recognize your browser. We may use both session cookies and persistent cookies. A session cookie disappears after you close your browser. A persistent cookie remains after you close your browser and may be accessed every time you use the Yibby Platform. You should consult your web browser(s) to modify your cookie settings. Please note that if you delete or choose not to accept cookies from us, you may be missing out on certain features of the Yibby Platform.
C. Information We Collect from Third Parties
Third Party Services. If you choose to register for Yibby or otherwise link your Yibby account with a third party’s service (such as Facebook), we may receive the same type of information we collect from you (described above) directly from those services.
Third Party Partners. We may receive additional information about you, such as demographic data, payment information, or fraud detection information, from third party partners and combine it with other information that we have about you.
Enterprise Programs. If your company, university, or organization participates in one of our enterprise programs such as Yibby for Work, we may receive information about you, such as your email address, from your participating organization. We also may give your participating organization the opportunity to request a ride on your behalf, in which case they may provide us with your name, phone number, and the pickup and drop off location for your ride.
Background Information on Drivers. Yibby works with third party partners to perform driving record and criminal background checks on Drivers, and we receive information from them such as publicly available information about a Driver’s driving record or criminal history.
How We Use the Information We Collect
We use the information we collect from all Users to:
Connect Riders with Drivers;
Provide, improve, expand, and promote the Yibby Platform;
Analyze how the Yibby community uses the Yibby Platform;
Communicate with you, either directly or through one of our partners, including for marketing and promotional purposes;
Personalize the Yibby experience for you and your friends and contacts;
Send you text messages and push notifications;
Facilitate transactions and payments;
Provide you with customer support;
Find and prevent fraud; and
Respond to trust and safety issues that may arise, including auto incidents, disputes between Riders and Drivers, and requests from government authorities.
Additionally, we use the information we collect from Drivers for the following purposes related to driving on the Yibby Platform:
Sending emails and text messages to Drivers who have started the driver application process regarding the status of their application;
Determining a Driver’s eligibility to drive for Yibby
Notifying Drivers about ride demand, pricing and service updates; and
Calculating and providing Yibby’s auto insurance policy and analyzing usage patterns for safety and insurance purposes.
How We Share the Information We Collect
A. Sharing Between Users
Sharing between Riders and Drivers. Riders and Drivers that have been matched for a ride are able to see basic information about each other, such as names, photo, ratings, and any information they have added to their Profiles. Riders and Drivers who connect their Yibby accounts to Facebook will also be able to see their mutual Facebook friends during the ride. Drivers see the pick-up location that the Rider has provided. Riders see a Driver’s vehicle information and real-time location as the Driver approaches the pick-up location. Riders’ ratings of Drivers are shared with Drivers on a weekly basis. We de-identify the ratings and feedback, but we can’t rule out that a driver may be able to identify the Rider that provided the rating or feedback.
Although we help Riders and Drivers communicate with one another to arrange a pickup, we do not share your actual phone number or other contact information with other Users. If you report a lost or found item to us, we will seek to connect you with the relevant Rider or Driver, including sharing actual contact information with your permission.
API and Integration Partners. If you connect to the Yibby Platform through an integration with a third party service, we may share information about your use of the Yibby Platform with that third party. We may share your information with our third party partners in order to receive additional information about you. We may also share your information with third party partners to create offers that may be of interest to you.
Third Party Services. The Yibby Platform may allow you to connect with other websites, products, or services that we don’t have control over (for example, we may give you the ability to order a food delivery from a restaurant from within the Yibby app). If you use these services, we will provide the third party with information about you to allow them to provide the service to you (for example, we would give the restaurant your name, phone number and address to drop off the food). We can’t speak to the privacy practices of these third parties, and we encourage you to read their privacy policies before deciding whether to use their services.
Service Providers. We work with third party service providers to perform services on our behalf, and we may share your information with such service providers to help us provide the Yibby Platform, including all of the things described in Section 3 above.
Other Sharing. We may share your information with third parties in the following cases:
While negotiating or in relation to a change of corporate control such as a restructuring, merger or sale of our assets;
If a government authority requests information and we think disclosure is required or appropriate in order to comply with laws, regulations, or a legal process;
With law enforcement officials, government authorities, or third parties if we think doing so is necessary to protect the rights, property, or safety of the Yibby community, Yibby, or the public (you can read more about this in our Law Enforcement Request policy);
To comply with a legal requirement or process, including but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures.
If you signed up for a promotion with another User’s referral or promotion code, with your referrer to let them know about your redemption of or qualification for the promotion;
With our insurance partners to help determine and provide relevant coverage in the event of an incident;
To provide information about the use of the Yibby Platform to potential business partners in aggregated or de-identified form that can’t reasonably be used to identify you; and
Whenever you consent to the sharing.
Email Subscriptions. You can always unsubscribe from our commercial or promotional emails but we will still send you transactional and relational emails about your account use of the Yibby Platform.
Push Notifications. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the Yibby Platform (such as receiving a notification that your ride has arrived).
Profile Information. While your name will always be shared with Drivers, you can delete any additional information that you added to your Profile at any time if you don’t want Drivers to see it. Riders will always be able to see Drivers’ names, rating, profile photos, and vehicle information.
Location Information. While you can prevent your device from sharing location information at any time through your Device’s operating system settings, Rider and Driver location is core to the Yibby Platform and without it we can’t provide our services to you.
Facebook Friends. You can control whether to enable or disable the Facebook mutual friends feature through your profile settings.
Data Security. We are committed to protecting the data of the Yibby community. Even though we take reasonable precautions to protect your data, no security measures can be 100% secure, and we cannot guarantee the security of your data.
Children’s Privacy. Yibby is not directed to children, and we don’t knowingly collect personal information from children under 13. If we find out that a child under 13 has given us personal information, we will take steps to delete that information. If you believe that a child under the age of 13 has given us personal information, please contact us at our Help Center.