Yelo Terms and Conditions

Last Updated: August 2, 2024

These Terms and Conditions are a legally binding agreement (the “Agreement”) between you and Desi Technologies, Inc., DBA as “Yelo” (“Desi,” “Yelo,” “Company,” “we,” “us,” or “our”), governing your use of software provided by the Company (the “Yelo App”) to access or log into the digital network operated by the Company (the “Yelo Network”).

Governing Agreement.
1. This Agreement will govern your use of the Yelo App or Yelo Network regardless of how you use the App as defined herein. By entering into this Agreement, and/or by using or accessing the Yelo App or Yelo Network, you expressly acknowledge that you understand this Agreement 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 YELO APP OR YELO NETWORK OR ANY OF THE SERVICES PROVIDED THROUGH THE YELO APP OR YELO NETWORK.
2. Company reserves the right to modify the terms and conditions of this Agreement, and such modifications shall be binding on you upon your acceptance of the modified Agreement. Continued use of the Yelo App or Yelo Network after any such changes shall constitute your acceptance of such modifications.
3. If you have any questions regarding Yelo or this Agreement, please contact us at [email protected].
Definitions.
1. A “User” is a person who uses the Yelo App or Yelo Network to provide transportation services, including Prearranged Rides, to Users or a person, including the persons accompanying such person, who uses the Yelo App or Yelo Network to schedule a Prearranged Ride with a driving User, or who uses the App to sell services or merchandise or who uses the App to purchase services or merchandise.
2. A “Prearranged Ride” means the provision of transportation services:
  1. beginning when one User accepts another User’s request for transportation services through the Yelo App or Network;
  2. continuing while the driving User transports the passenger User(s) in the driving User’s vehicle; and
  3. ending when the passenger User, or the last requesting passenger User in the case when more than one (1) User is transported on a Prearranged Ride, departs from the driving User’s vehicle.
  4. a “Trip” is any (i) Prearranged Ride, or (ii) any attempted Prearranged Ride, wherein such Prearranged Ride is canceled, either by a driving User or a User, prior to the completion of the Prearranged Ride.
  5. A “Transaction” is an agreement to purchase or sell services or merchandise between Users, including but not limited to Prearranged Drives, professional services, and food delivery.
Eligible Users.
1. The Yelo App and Yelo Network may only be used by Users who have the right and authority to enter into this Agreement and are fully able and competent to satisfy the terms of this Agreement. No User may allow any other person to use their User account to access the Yelo App or Yelo Network.
2. Users must be at least eighteen (18) years old.
3. The Yelo App and Yelo Network are not available to Users who have had their account temporarily or permanently deactivated.
Communications from the Company.
1. You agree to receive communications from us (including automated calls), our affiliates, or our third-party partners, at any of the phone numbers provided to Company by you and also via email, text message, and push notifications. Communications from Company and/or Users may include, but are not limited to: operational communications concerning your User account or use of the Yelo App, Yelo Network, and updates concerning new features provided by the Company; communications concerning marketing or promotions run by Company or its third-party partners, and news concerning Company. If you change or deactivate the phone number you provided to Company, you agree to update your User account information to help prevent Company from inadvertently communicating with anyone who acquires your old number. Standard text messaging charges applied by your cell phone carrier will apply to text messages Company sends.
2. IF YOU WISH TO OPT OUT OF PROMOTIONAL COMMUNICATIONS, YOU CAN UNSUBSCRIBE FROM BY FOLLOWING THE UNSUBSCRIBE OPTIONS IN THE PROMOTIONAL COMMUNICATION. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL COMMUNICATIONS UNDER THIS AGREEMENT; HOWEVER, YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL PROMOTIONAL COMMUNICATIONS MAY IMPACT YOUR USE OF THE YELO APP, YELO NETWORK, OR RELATED SERVICES. WHEN YOU OPT OUT TEXTS OR CALLS. NO FURTHER MESSAGES WILL BE SENT TO YOUR MOBILE DEVICE, UNLESS INITIATED BY YOU, SHOULD YOU OPT-OUT.
Promotions, Referrals, and Loyalty Programs. Company may, at its sole discretion, make available promotions, referral programs and loyalty programs with different features to any Users or prospective Users. Company reserves the right to terminate, discontinue, modify or cancel any promotions or programs at any time and in its sole discretion without notice to you. Company’s referral program may provide you with incentives to refer your friends and family to become new Users of the Yelo App and Yelo Network.
Third-Party Services. The Yelo App and Yelo Network may enable Users to provide services or receive services from other third parties (collectively, the “Third-Party Services”). For example, Users may be able to use the Yelo App and Network to receive roadside assistance or merchandise warranties. You understand that the Third-Party Services may be subject to terms and pricing of the third-party provider (collectively, the “Third-Party Terms”) which will govern your relationship with such third-party provider. You agree that Company is not responsible and may not be held liable for the Third-Party Services or the actions or omissions of the third-party.
Intellectual Property.
1. This Agreement grants you a license to use the Yelo App and Yelo Network. All intellectual property rights in and to the Yelo App and Yelo Network, whether by patent, copyright, or trademark, shall remain with Company and this Agreement shall not be construed or interpreted as an assignment of such rights.
2. Questions, comments, suggestions, ideas, feedback or other information provided by you to Company are non-confidential and shall become the sole property of Yelo and Yelo may the same for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
3. Company’s logos and names are the trademarks of Company (the “Yelo Marks”). Company grants to Users, during the term of this Agreement, a limited, revocable, non-exclusive license to display and use the Yelo Marks solely in connection with providing services under the Yelo App or Yelo Network (the “Trademark License”). Users may not sublicense, transfer, or assign the Trademark License. The Yelo Marks may not be used in a manner that would cause confusion with the trademarks of a third party. Users may only use the Yelo Marks in accordance with any guidelines issued by Company and will immediately cease any use that Company determines to be nonconforming or otherwise unacceptable. Users may not modify the Yelo Marks, create derivative works from the Yelo Marks, attempt to register the Yelo Marks, oppose registrations of the Yelo Marks, or use the Yelo Marks in a manner that would dilute the Company’s trademark rights in the Yelo Marks. Violation of the Trademark License may lead to termination of this Agreement by Company.
Information You Submit.
1. When using the Yelo App or Yelo Network, you will submit information pertaining to yourself to Company and to other Users. You consent to Company’s use, and to use by other Users, for the provision of services related to Transactions and Prearranged Rides or through the Yelo App or Yelo Network. All disclosed information under this Agreement will be used as described, and in accordance with, the “Privacy Policy” section of this Agreement.
2. You agree to provide accurate information to Company and Users when using the Yelo App or Yelo Network. You are solely responsible for the provision of this information and any use of information pertaining to other Users.
3. You retain ownership of any information you submit, and the intellectual property rights associated therewith, and this Agreement shall not be construed as any assignment of your information, or the intellectual property rights associated therewith, to Company.
4. In order for Company to provide the services available through the Yelo App and Yelo Network to you, you agree to grant Company a non-exclusive, worldwide, perpetual, sub-licensable, irrevocable, royalty-free, and transferable license to use the information you submit and to use, copy, transmit, and display such information.
Confidential Information.
1. You agree not to use any proprietary and confidential information relating to Company’s business or information about a User made available to you in connection with such User’s use of the Yelo App or Network (“Confidential Information”) except (i) in accordance with this Agreement, or (ii) with your use of the Yelo App or Network as a User. pursuant to this Agreement.
2. You shall not disclose any Confidential Information to third parties and you shall not store Platform any Confidential Information obtained from the Yelo App or Yelo Network.
3. You understand that any violation of this Agreement’s confidentiality provisions may violate applicable privacy laws and could result in civil or criminal penalties against you.
4. Notwithstanding the provisions of this Section, you shall not be liable to Company regarding disclosures of Confidential Information which you can prove:
  1. was in the public domain at the time it was disclosed by Company, or has entered the public domain through no fault of you;
  2. was known to you, without restriction, at the time of disclosure;
  3. becomes known to you, without restriction, from a source other than Company without breach of this Agreement by you; or
  4. is disclosed pursuant to a court order, provided, however, that you provide prompt notice of such court order to Company to enable Company to seek a protective order or otherwise prevent or restrict such disclosure.
Prohibited Activities. No User may, when using the Yelo App or Yelo Network or when logged into their User account with Company:
1. interfere with the operation of the Yelo App or Yelo Network; “hack,” decompile, or reverse engineer the Yelo App or Yelo Network; circumvent any security systems used to protect the Yelo App or Yelo Network; manipulate any information transmitted through the Yelo App or Yelo Network (including manipulating information to obfuscate its origin); or frame or mirror any part of the Yelo App or Yelo Network;
2. operate the Yelo App or Yelo Network in manner that would infringe upon the intellectual property rights of a third party;
3. violate any law or regulation, or use the Yelo App or Yelo Network in a manner involving fraudulent, abusive, harassing, or obscene behavior;
4. threaten or harass any person, impersonate another person, or use false information to represent yourself;
5. abuse the Yelo App or Yelo Network, or the services related thereto, or use the same in a manner not authorized under this Agreement;
6. use any search engine technology or other process to scrape, “data mine,” or copy information from the Yelo App, the Yelo Network, or any account of any User, or otherwise reproduce or store information provided by the Yelo App, the Yelo Network, or any account of any User; or
7. cause or induce another person to do any prohibited action under this Section.
WARRANTY DISCLAIMER.
1. REGARDING THE Yelo APP, THE Yelo NETWORK, AND THE INFORMATION TRANSMITTED THROUGH THE Yelo APP AND THE Yelo NETWORK, COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE Yelo APP AND THE Yelo NETWORK ARE PROVIDED “AS-IS” AND YOU USE THE Yelo APP AND THE Yelo NETWORK SOLELY AT YOUR OWN RISK. COMPANY MAKES NO WARRANTY THAT THE Yelo APP OR THE Yelo NETWORK WILL BE AVAILABLE ON A CONTINUOUS BASIS. ALTHOUGH COMPANY USES ITS BEST COMMERCIAL EFFORT TO ATTEMPT TO VERIFY Users, COMPANY MAKE NO WARRANTY THAT ANY USER IS INDEED WHO THEY PURPORT TO BE.
2. COMPANY MAKES NO WARRANTY THAT ANY INFORMATION OR CONTENT AVAILABLE THROUGH THE Yelo APP OR THE Yelo NETWORK IS TRUE, RELIABLE OR ACCURATE, INCLUDING BUT NOT LIMITED TO DESCRIPTIONS OF SERVICES OFFERED BY USERS, MERCHANDISE OFFERED FOR SALE BY USERS, AND LOCATION DATA PERTAINING TO PREARRANGED RIDES AND INFORMATION, SUCH AS RATINGS, PROVIDED BY USERS.
3. COMPANY MAKES NO WARRANTY REGARDING THE PERFORMANCE OR ABILITY OF ANY USER WHO MAY USE THE Yelo APP OR THE Yelo NETWORK OR WHOM YOU MAY CONTACT, OR BE CONTACTED BY, THROUGH YOUR USE OF THE Yelo APP OR THE Yelo NETWORK.
4. YOU ARE RESPONSIBLE FOR THE USE OF YOUR USER ACCOUNT AND COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY ARISING FROM THE UNAUTHORIZED USE OF YOUR USER ACCOUNT.
Limitation of Liability.
1. IN NO EVENT WILL COMPANY, ITS AFFILIATES, SUBSIDIARIES, PARENTS, SUCCESSORS AND ASSIGNS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR SHAREHOLDERS, BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE YELO APP, YELO NETWORK, ANY SERVICES PROVIDED THROUGH OR RELATED TO THE YELO APP OR YELO NETWORK, INCLUDING THROUGH NEGLIGENCE, THROUGH ACTS OR OMISSIONS OF USERS, OR BREACH OF COMPANY’S DATA SYSTEMS. YOU AGREE THAT COMPANY HAS NO RESPONSIBILITY OR LIABILITY TO YOU FOR DAMAGES RELATED TO ANY SERVICES, GOODS, OR INFORMATION PROVIDED BY THIRD PARTIES, INCLUDING SERVICES, GOODS, OR INFORMATION PROVIDED BY OTHER USERS. 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.
2. Company shall not be responsible or liable for any fees, costs, or other charges associated with any data plan or mobile phone plan pertaining to the mobile phone or computing device you use to access and use the Yelo App or Yelo Network.
3. Company shall not be responsible or liable for the conduct of any User. You are responsible for your interactions with other Users.
4. Company shall not be responsible or liable for the unsuitability of or defects in any merchandise or services bought or sold by Users.
5. Company shall not be responsible or liable for any personal belongings lost during Prearranged Rides.
6. Company shall not be responsible or liable in any way, including but not limited to vicarious liability, for the bad or criminal acts of one User towards another User during, or as a result of, a Transaction or Prearranged Ride. This includes but is not limited to, acts of bodily harm and acts of financial harm, including the theft of valuables or personal information by one User against another User.
7. Company shall not be responsible or liable in any way, including but not limited to vicarious liability, for the bad or criminal acts of a driving User during a Prearranged Ride related to the Prearranged Ride, including but not limited to negligent or reckless driving, OWI, or driving while suspended. Users must comply with Company policies prior to offering Prearranged Ride services on the App, but Company is not responsible or liable for the bad acts or falsehoods of a User in complying with said Company policies.
8. Company shall not be responsible or liable in any way, including but not limited to vicarious liability, for injuries caused by or to any User or 3rd party during a Transaction or Prearranged Ride for any reason whatsoever. Company provides only the App as a service and has no control over or liability for the acts of Users or 3rd parties.
9. Other Users may have access to information you provide (including your profile information) through the Yelo App or Yelo Network. Company is not responsible for the use of any personal information that you disclose to other Users through the Yelo App or Yelo Network.
Indemnification.
1. You will indemnify and hold harmless Company and its affiliates, subsidiaries, parents, successors and assigns, and each of their respective officers, directors, employees, agents, or shareholders (collectively, the “Indemnified Parties”) from and against any claims, actions, suits, losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of the Yelo App or Yelo Network based upon:
  1. your breach of this Agreement;
  2. your violation of any law or the rights of a third party as a result of your own interaction with such third party;
  3. any allegation that any information that you submit to Company or transmit through the Yelo App or Yelo Network infringes or violates the intellectual property or other rights of any third party; and
  4. your use of your vehicle relating to any Prearranged Rides or Trips.
2. You will not, without Company’s consent, agree to any settlement or admission of liability on behalf of any Indemnified Party.
Relationship between Users and Company.
1. If you are a User selling merchandise or services, including Prearranged Drives, you acknowledge and agree that you and Company are in a direct business relationship governed under this Agreement to the extent Company provides to you a marketplace in exchange for a fee and that you and Company are independent contracting parties. You and Company expressly agree that (1) this Agreement does not create an employment relationship between you and Company; and (2) no joint venture, partnership, or agency relationship is intended or created by this Agreement. You have no authority to bind Company, and you undertake not to hold yourself out as an employee, agent or authorized representative of Company.
2. If you are a User providing Prearranged Rides, Company does not, and shall not be deemed to, control you or your performance under this Agreement, including your acts or omissions while using the Yelo App or Yelo Network or your operation and maintenance of your vehicle.
3. If you are a User providing other services, Company does not, and shall not be deemed to, control you or your performance under this Agreement, including your acts or omissions while using the Yelo App or Yelo Network or your performance of the services you offer.
4. If you are a User selling merchandise, Company does not, and shall not be deemed to, control you or your performance under this Agreement, including your acts or omissions while using the Yelo App or Yelo Network or the quality, availability, fitness, or merchantability, of the merchandise you offer for sale.
Fare Guidelines. These Guidelines are provided so that Users may make informed choices regarding Prearranged Rides before engaging Users to perform transportation services related to Prearranged Rides.
1. Fares.
  1. Users understand and acknowledge that the App may charge fares based upon Prearranged Rides. Users will not be charged for access or use of the Yelo App or Yelo Network and shall only be charged for Prearranged Rides secured using the Yelo App or Yelo Network. Users understand and acknowledge that fares, if any, are not refundable except to the extent required by law.
  2. Users are prohibited from requesting or accepting any cash for fares prior to, during, or after the completion of Prearranged Rides. Users are likewise prohibited from using any mobile point-of-sale electronic payment terminals for requesting or accepting credit or debit card payments for fares prior to, during, or after the completion of Prearranged Rides. Any User who receives a request for such payment for fares should immediately report the incident to the Company.
  3. Fares, if any, will only be paid through the Yelo App or Yelo Network. The Company may use a third-party payment processor to facilitate the payment of any fare.
  4. As further described in the Company’s Nondiscrimination and Accessibility Policy, the Company will not impose any additional charges for any Prearranged Ride where the User has a disability.
  5. Users may, at their option, pay a voluntary “tip” to a driving User upon the completion of a Prearranged Ride. Tips will be paid in addition to any fare for a Prearranged Ride.
2. Provision of Estimated and Actual Fare through the Yelo App.
  1. The Yelo App will calculate an estimated fare for a Prearranged Ride before a User agrees to a Prearranged Ride. The User may then choose to secure a Prearranged Ride with a driving User after review of the estimated fare. The estimated fare will reflect the applicable rates charged by the App at the time of request of the Prearranged Ride. Because the App is intended to facilitate commerce between Users, and because the service of Prearranged Rides is highly dependent on fuel prices, driving user overhead, and competition, the estimated and actual fares calculated and charged through the App are provided as an automated function to both the driving User and User seeking to use the App for transport.
  2. The Yelo App will calculate the estimated fare and actual fare for Prearranged Rides based upon the User’s pick-up location and the destination of the Prearranged Ride. The calculation of the estimated fare may vary based upon the time of day and local fuel prices when the Prearranged Ride is requested. The actual fare may vary based upon the duration of the Prearranged Ride.
  3. The actual fare charged may vary from the estimated fare. The actual fare may also vary should the passenger User modify the destination location during the Prearranged Ride.
3. Electronic Receipts.
  1. After the completion of a Prearranged Ride, the Company will provide electronic receipts, including electronic receipts available through the Yelo App, to the participants of the Prearranged Ride.
  2. Electronic receipts shall include:
    1. an itemization of the fare, if any, applicable to the Prearranged Ride;
    2. the pick-up location and destination of the Prearranged Ride; and
    3. the duration of and distance traveled during the Prearranged Ride.
4. Promotions, Referrals, and Coupons. The Company may offer electronic coupons during promotions or as part of referral programs. Such coupons will have no inherent cash value, may not be transferred, and my only be used on the Yelo App or Yelo Network. Unless expressly provided in writing, Coupons may not be combined in a single Prearranged Ride.
Fee Guidelines. These Guidelines are provided so that Users may make informed choices regarding other services and merchandise offered for sale by other Users in the App before purchasing services or merchandise from other users.
1. Transactions and Fees.
  1. Users understand and acknowledge that the Company may charge fees to the selling User on the basis of a Transaction’s total value. Users will not be charged for access or use of the Yelo App or Yelo Network and shall only be charged for Transactions using the Yelo App or Yelo Network. Users understand and acknowledge that fees, if any, are not refundable except to the extent required by law.
  2. Users are prohibited from requesting or accepting any cash for Transactions prior to, during, or after the completion of Transactions. Users are likewise prohibited from using any mobile point-of-sale electronic payment terminals for requesting or accepting credit or debit card payments for fees prior to, during, or after the completion of Transactions. Any User who receives a request for such payment for Transactions should immediately report the incident to the Company.
  3. Transactions will only be paid for through the Yelo App or Yelo Network. The Company may use a third-party payment processor to facilitate the payment of any Transactions.
  4. Users may, at their option, pay a voluntary “tip” upon the completion of a services Transaction. Tips will be paid in addition to any payment for value of the Transaction.
2. Electronic Receipts.
  1. After the completion of a Transaction, the Company will provide electronic receipts, including electronic receipts available through the Yelo App, to the participants in the Transaction.
  2. Electronic receipts shall include:
    1. an itemization of the purchase value, if any, applicable to the Transaction;
    2. a description of the services or merchandise purchased; and
    3. the final cost including any tip paid by the purchasing User.