Yardstick

Legal

Terms of Service

The agreement between Yardstick and the rental businesses that use it.

Version 1.0, effective .

1. Who these Terms are between

These Terms of Service ("Terms") are an agreement between Yardstick Rental Software LLC, a North Carolina limited liability company ("Yardstick", "we", "us"), and the business that signs up to use Yardstick ("Customer", "you").

Yardstick is software for equipment and trailer rental businesses. It's offered at getyardstick.co and app.getyardstick.co, together with the online booking page (storefront), the Manage Rental page, quote, agreement and invoice links, inspections, and related features (the "Service").

  • Business use only. The Service is for businesses. You must use it for a business, not for personal, family or household purposes.
  • Authority and age. The person who accepts these Terms must be at least 18 and authorized to bind the business, and accepts them on the business's behalf. Everyone you add to your account must also be at least 18.
  • If you don't agree to these Terms, don't use the Service.

People who rent from you ("Renters") are your customers, not ours. Yardstick is not a party to your rental agreements or any other agreement between you and your Renters, unless we expressly agree otherwise in writing.

These Terms include the Acceptable Use Policy, the Data Processing Addendum and the Communications Policy. The Data Processing Addendum ("DPA") is incorporated by reference and applies automatically whenever Yardstick processes Customer Personal Data on your behalf; you can ask for a countersigned copy at [email protected]. If these documents conflict, the DPA controls on how Customer Personal Data is processed, and these Terms control on everything else.

You accept these Terms by ticking the agreement box when you create an account (with a password or with Google, when Google sign-in is offered). We record which version you accepted and when.

2. Accounts and roles

  • Give accurate information when you sign up and keep it current.
  • You can add team members as owners, managers or staff. Roles control some actions (for example changing settings, billing, viewing "ID on file" photos, downloading an evidence file, or overriding an identity-verification block). You decide who gets access and what role they have, and you're responsible for everything done under your account, including by your team members.
  • Keep login credentials confidential, and tell us promptly at [email protected] if you think your account has been accessed without permission.
  • Remove access for team members who leave your business.

3. Plans, billing and renewal

  • Plans. The Service is offered on the Solo, Growth and Scale plans, billed monthly or annually. Each plan's price, features and allowances are as shown on the plan screen in the app at the time you subscribe, change plan or renew. Businesses that subscribed before these plans existed keep their original plan until they change it.
  • Payment. Subscription payments are processed by Stripe. By subscribing, you authorize us (through Stripe) to charge your payment method for each billing period, and for any prorated amount described below, until your subscription ends.
  • Automatic renewal. Your subscription renews automatically at the end of each monthly or annual billing period at the then-current price for your plan, unless you cancel before the renewal date. You can cancel at any time from Billing in the app (see section 5).
  • Free trials. We may offer a free trial. A trial exists only when the sign-up form or plan screen says so, and its length (for example 14 days) is shown before you start. Where we require one, you'll give a payment method when you start the trial. Unless you cancel before the trial ends, your paid subscription starts and your payment method is charged when the trial ends. Trials are for businesses new to Yardstick, and we may decline a trial (for example, when a payment method has already been used for a Yardstick trial). We may change or stop trial offers at any time.
  • Upgrades take effect immediately. You're charged right away for the difference, prorated for the rest of your billing period, with a credit for the unused part of your current plan. If that payment doesn't go through, your plan doesn't change and nothing is charged; the app shows a link to the upgrade invoice, and if it's paid within about 23 hours the upgrade applies then, otherwise it expires.
  • Downgrades are scheduled for the end of your current billing period. You keep your current plan until then, and nothing is charged when you schedule it.
  • Monthly to annual takes effect immediately and starts a new annual billing period that day. The unused part of your current monthly period is credited against the annual charge.
  • Annual to monthly takes effect at your next renewal.
  • Before an immediate change, the app shows what will be charged and asks you to confirm. Plan changes aren't available while a payment is overdue, during a free trial, or while a cancellation is scheduled.
  • Price changes. We may change plan prices. If we increase the price of your plan, we'll give you at least 30 days' notice by email before the increase applies to you, and it will apply from your first renewal after that notice period ends. We'll never change the price of a billing period you've already paid for. A price reduction may take effect sooner. If we offer to keep an existing customer on an earlier price, we'll say so explicitly, including for how long; keeping an earlier price isn't automatic. If you don't want to pay a new price, you can cancel before it applies (see section 5).
  • Taxes. Prices don't include taxes unless stated. You're responsible for any taxes that apply to your subscription, other than taxes on Yardstick's income.
  • Refunds. Fees are non-refundable, including for partial billing periods and unused time on an annual plan, except where the law requires a refund, where the DPA's sub-processor objection clause provides one, or where we agree otherwise in writing. To ask about an immediate cancellation or a refund, email [email protected].

4. Allowances and fair use

  • AI Damage Checks. Each plan includes a monthly allowance of AI Damage Checks, shown on the plan screen. On an annual plan the allowance still resets every month. Unused checks don't roll over. When the allowance is used up, returns are still recorded, no AI check runs, and your team can inspect and record the return by hand.
  • Fair use. Some plan descriptions mention numbers of users, locations or identity verifications that the Service doesn't currently enforce automatically. Use those in good faith and in line with the plan you chose. If your use goes well beyond your plan, we'll contact you to discuss moving to a plan that fits before taking any other step.
  • We may change allowances for future billing periods with notice, as described in section 3 for price changes.

5. Cancellation, failed payments and your data

  • Cancellation. You can cancel at any time from Billing. Cancellation takes effect at the end of your current billing period; you keep full access until then and won't be charged again. You can undo a cancellation before that date.
  • Failed payments. If a payment fails, Stripe retries it, and your subscription is "past due". While it's past due, you keep using the Service; update your payment method in Billing. If every retry fails, the subscription becomes "unpaid".
  • Read-only recovery period. If your subscription becomes unpaid, or is canceled after it was active or in a trial, your owners and managers get 30 days of read-only access: they can view your records and download the CSV exports in the app, but can't make changes. Staff don't have access during this period, and your booking page stops taking requests. Paying the open invoice (unpaid) or subscribing again (canceled) restores full access immediately. A subscription that is still unpaid after the 30 days is canceled, and nothing more is charged.
  • After the recovery period (and for a subscription that was never completed), the app shows the plan screen until a plan is active again. We don't delete your data automatically just because a subscription ends or the read-only period ends. How long data is kept is described in the Privacy Policy and the DPA.
  • Exports. The app lets you export your equipment, customers, bookings and invoices as CSV files, and download reports as CSV. Photos and signed agreements aren't included in those exports; ask us at [email protected] if you need copies, and we'll provide them in a reasonable format and time.
  • Deletion. You can ask us to delete your account and its data at any time by emailing [email protected] from an owner's account email. We'll delete it except where we must keep information for legal, tax, accounting, fraud-prevention or dispute reasons, as described in the Privacy Policy. Deleted data may remain in backups until those backups age out.

6. Your responsibilities as a rental business

You run your rental business. Yardstick provides software; it doesn't rent equipment and isn't a party to your rentals. You're responsible for:

  • your equipment and trailers, including their condition, maintenance, safety, licensing and registration;
  • deciding who may rent from you (renter eligibility), and any identity, age, license or insurance checks you require;
  • your rental agreements, damage waivers, deposits, cancellation, late-return, fuel, cleaning and damage-charge policies, and making sure they're lawful, clear and enforceable where you operate;
  • your decisions to charge a Renter, keep a deposit or make a damage claim, and any dispute with a Renter about them;
  • insurance, taxes (including rental and sales taxes), and any disclosures or notices the law requires you to give Renters, including your own privacy notice;
  • the legality of your rentals and of how you use the Service.

Renter data. For Renter information you put into or collect through the Service, you're the business responsible for that data (often called the "controller" or "business"), and Yardstick processes it on your behalf as your "processor" or "service provider" under the DPA. You must have a lawful basis to collect it and give your Renters any notices, and get any consents, the law requires.

Templates aren't legal advice. Yardstick may provide sample agreements, waivers or policy text. They're starting points only, may not suit your business or your jurisdiction, and should be reviewed by your own lawyer.

Emails to your Renters are sent on your behalf and in your business's name, for the reasons in the Communications Policy. You're responsible for having the Renter's contact details lawfully and for any content you add. Don't use the Service to send marketing.

7. Acceptable use

You must follow the Acceptable Use Policy, which forms part of these Terms.

8. AI features

The Service has two kinds of AI feature. Both are described in full on the AI Damage Checks page.

  • AI Help answers questions about using Yardstick. Its answers are guidance only and may be inaccurate. It doesn't take any action in your account, and it isn't legal, tax, insurance or financial advice. Check anything consequential yourself.
  • AI Damage Check analyzes pickup and return photos for possible changes in the equipment's condition. It may miss damage or flag harmless differences, and its results depend on photo quality, angle, lighting and obstruction. It does not determine fault, liability, negligence, repair cost or whether to charge anyone. A person on your team must review the photos and make every decision; that decision is yours, and it's recorded separately from the AI result.

You must not use an AI result as the only basis for a damage charge, deposit deduction or claim against a Renter.

9. Identity verification and ID photos

  • Stripe Identity. If you turn identity verification on, Renters are asked to verify through Stripe Identity, which collects a photo of a government ID and a selfie and checks that they match. Stripe does the matching under its own terms and privacy policy. Yardstick receives the verification status and the verified name, not the ID images, the selfie or Stripe's biometric data. Where verification is required, release of the equipment is blocked until the Renter is verified, unless an owner or manager releases it with a recorded reason. A result doesn't guarantee who a person is, and a failed check doesn't mean the person did anything wrong.
  • "ID on file" photos. Your team can attach a photo of a Renter's ID and a photo of the Renter to a booking. Yardstick stores these as part of your data. Any team member can add them where you allow it; only owners and managers can view them. Yardstick doesn't analyze them. They're kept as described in the Privacy Policy.
  • Your responsibilities. You decide when to require verification or take ID photos, tell Renters about it, get any consent the law requires, offer another way to proceed where appropriate, and use the results only to manage the rental. You must not use them to discriminate unlawfully, to track people, or for any unrelated purpose.

10. Third-party services and integrations

The Service relies on third-party providers listed on our Sub-processors page. If you connect a service such as QuickBooks Online or Xero, or sign in with Google, that service's own terms apply to it, and you authorize us to exchange the data needed for the connection (for accounting, the invoices you choose to sync, including the Renter's name, line items and amounts). We aren't responsible for third-party services, their availability or their changes, and we may stop supporting an integration if the provider changes or ends it.

Renter payments. Online card payments and deposits from Renters through Stripe Connect aren't currently available. If we make them available, additional terms will apply before you can use them, and Renter payments will go to your own Stripe account, never to Yardstick.

11. Suspension

We may suspend all or part of your access:

  • immediately, if we reasonably believe it's needed to protect the Service, other customers, Renters or the public from a security threat, abuse or clearly unlawful use;
  • after notice and a reasonable chance to fix the problem, for any other material breach of these Terms or the Acceptable Use Policy;
  • for non-payment, as described in section 5.

We'll limit a suspension to what's reasonably needed and restore access once the reason for it is resolved.

12. Electronic records and signatures

You agree that these Terms, notices, invoices and other records between you and Yardstick may be provided and signed electronically, and that clicking to accept is your signature. We may send you notices by email to the address on your account or show them in the Service.

The Service also lets your Renters sign your rental agreements electronically. It records the typed name, an image of the drawn signature, the time of signing and a fixed copy of the agreement that was signed. You're responsible for deciding whether that meets the requirements for your agreements and where you operate, including any disclosure or consent your Renters must be given before signing electronically.

13. Availability and support

  • We work to keep the Service available and reliable, but there's no service-level agreement (SLA), uptime commitment or service credit unless we agree to one separately in writing.
  • The Service may be unavailable during maintenance, updates, or problems with our hosting or other providers. Keep your own copies of records that are critical to your business.
  • Support is by email at [email protected]. Our support hours are Monday to Friday, 9:00 AM to 5:00 PM Eastern Time, excluding applicable holidays, and support isn't available 24/7. We aim to respond within one business day. That's a target, not a guaranteed response time or a service-level commitment, and the same applies to any reply times shown on our pricing page.

14. Your data

  • You own your data. As between you and Yardstick, you own the data you and your Renters put into the Service ("Customer Data").
  • Our use of it. You give Yardstick permission to host, process and use Customer Data only as needed to provide, secure, support and improve the Service, as described in the Privacy Policy and the DPA. We don't sell Customer Data and don't use it for advertising. We don't use Customer Data, including photos, to train AI models, and our AI provider's commercial terms don't permit it to either.
  • Separation between businesses. The Service is designed so each business can see only its own data.
  • Security incidents are handled as described in the DPA.

15. Intellectual property and feedback

Yardstick and its licensors own the Service, including the software, design, templates and documentation. We give you a limited, non-exclusive, non-transferable right to use the Service for your business during your subscription. You must not copy, resell, reverse engineer or build a competing product from the Service, except where the law allows it. If you send us feedback or suggestions, we may use them without obligation to you.

16. Confidentiality

Each party may receive non-public information from the other. Each will use the other's confidential information only for the purposes of these Terms and protect it with reasonable care. This doesn't cover information that is public, already known, independently developed, or rightfully received from someone else, or disclosures the law requires (with notice where allowed).

17. Warranty disclaimer

TO THE FULLEST EXTENT ALLOWED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", AND YARDSTICK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DON'T WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT AI RESULTS, IDENTITY-VERIFICATION RESULTS OR TEMPLATES WILL BE ACCURATE OR SUITABLE, OR THAT THE SERVICE WILL MEET YOUR LEGAL OBLIGATIONS.

18. Limitation of liability

TO THE EXTENT PERMITTED BY LAW:

  • NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE OR GOODWILL, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE.
  • YARDSTICK ISN'T LIABLE FOR YOUR DECISIONS ABOUT RENTERS, INCLUDING DECISIONS ABOUT DAMAGE, CHARGES, DEPOSITS, IDENTITY OR WHETHER TO RENT, EVEN IF YOU USED AI RESULTS OR VERIFICATION RESULTS FROM THE SERVICE.
  • YARDSTICK'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE IS LIMITED TO THE FEES YOU ACTUALLY PAID YARDSTICK UNDER THE ACCOUNT CONCERNED IN THE 12 MONTHS BEFORE THE EVENT THAT GAVE RISE TO THE CLAIM.

Nothing in these Terms limits or excludes liability that can't be limited or excluded under applicable law.

19. Indemnity

You'll defend and indemnify Yardstick against third-party claims (including claims by your Renters) arising from your rentals, your equipment, your rental terms and policies, your decisions about Renters (including about damage, charges, deposits or identity verification), your collection and use of Customer Data (including ID photos), the content of messages sent on your behalf, or your breach of these Terms or the law.

20. Term and termination

These Terms apply from when you accept them until your subscription ends and any recovery period in section 5 is over. You can stop using the Service and cancel at any time. We may end these Terms on written notice if you materially breach them and don't fix the breach within a reasonable time, or as section 11 allows. Sections that by their nature should survive (including fees owed, data, intellectual property, confidentiality, disclaimers, limitation of liability, indemnity and governing law) survive.

21. Governing law and disputes

These Terms are governed by the laws of the State of North Carolina, without regard to its conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the Service will be brought only in the state courts located in Granville County, North Carolina, or, where a federal court has jurisdiction, in the United States District Court for the Eastern District of North Carolina, and each party consents to the personal jurisdiction of those courts.

There is no arbitration agreement and no class-action waiver in these Terms. Nothing in these Terms takes away any right you have that the law doesn't allow to be waived.

22. Notices

Send legal notices to us by email at [email protected] and by mail to:

Yardstick Rental Software LLC
1661 Cash Rd
Creedmoor, NC 27522
United States

Product and account questions go to [email protected]; privacy and data requests go to [email protected]. Emails from [email protected] are sent automatically; replying to that address isn't a way to send us a notice.

23. Changes to these Terms

We may update these Terms.

  • Material changes that are adverse to you. Where reasonably practicable, we aim to give you at least 30 days' notice by email or in the Service before they take effect.
  • Changes needed sooner. A change reasonably required sooner because of law or regulation, or for fraud prevention, security, abuse prevention or the integrity of the Service, may take effect sooner, with notice that's appropriate in the circumstances. Where the law or an urgent security need makes advance notice impracticable, we'll tell you as soon as reasonably practicable instead.
  • Nonmaterial changes, such as clarifications and corrections, take effect when the updated Terms are posted.

If you keep using the Service after a change takes effect, the updated Terms apply; if you don't agree, you can cancel before then. Price changes follow section 3. Each version is numbered, and the app records which version you accepted.

24. General

These Terms (with the Privacy Policy, Acceptable Use Policy, Data Processing Addendum and Communications Policy) are the entire agreement on this subject. If any part is unenforceable, the rest stays in effect. Failing to enforce a right isn't a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition or sale of assets. Neither party is liable for delays caused by events beyond its reasonable control.

Contact

Yardstick Rental Software LLC
1661 Cash Rd
Creedmoor, NC 27522
United States
Legal notices: [email protected]
Product and account help: [email protected]

Legal notices: [email protected]. Product help: [email protected].