Terms of Service
Last updated: January 2025
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY
These Terms contain an arbitration agreement and class action waiver that affect your legal rights. By using YSA, you agree to resolve disputes through binding individual arbitration and waive your right to participate in class actions.
1. Agreement to Terms
By accessing, browsing, or using the YSA platform, website, mobile applications, or any related services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must immediately discontinue use of the Service.
These Terms constitute a legally binding agreement between you and YSA Inc. ("YSA," "we," "us," or "our"). We reserve the right to modify these Terms at any time. Your continued use of the Service after any modifications constitutes acceptance of the updated Terms.
2. Description of Service
YSA operates an online peer-to-peer marketplace platform that connects individuals who wish to rent South Asian occasion wear and related items ("Renters") with individuals who own such items and wish to rent them out ("Listers"). Users who both rent and list items are subject to all applicable terms for both Renters and Listers.
YSA IS A PLATFORM ONLY. We are not a party to any rental agreement between Renters and Listers. We do not own, possess, control, inspect, verify, or deliver any items listed on the platform. We do not guarantee the identity of any users, the quality, safety, authenticity, or legality of any items, the accuracy of any listings, or the ability of Listers to rent items or Renters to pay for rentals.
3. Eligibility and Account Requirements
To use the Service, you must:
- Be at least 18 years of age
- Be a legal resident of the United States
- Have the legal capacity to enter into binding contracts
- Provide accurate, current, and complete information during registration
- Maintain the security of your account credentials
- Promptly update any information that becomes inaccurate
You are solely responsible for all activities that occur under your account. You must immediately notify us of any unauthorized use or security breach. We reserve the right to suspend or terminate accounts at our sole discretion.
4. Rental Transactions
4.1 For Renters
By renting items through YSA, you agree that:
- You will pay all rental fees, shipping costs, service fees, and applicable taxes
- You accept items "as described" and acknowledge variations may exist
- You assume full responsibility for items during the entire rental period
- You will return items in the same condition as received, allowing for normal wear
- You will not modify, alter, damage, or attempt to clean items without Lister approval
- You will ship returns by the due date using provided shipping labels
- Late returns may result in additional charges and security deposit capture
- You are liable for any damage, loss, theft, or failure to return items
- You will not use items for illegal purposes or in violation of any laws
- You accept all risks associated with wearing rented items, including allergic reactions
4.2 For Listers
By listing items on YSA, you represent and warrant that:
- You own or have legal authority to rent all items you list
- Items are authentic and not counterfeit, stolen, or illegally obtained
- Listings accurately describe item condition, size, measurements, and any defects
- Items are clean, sanitary, and in good wearable condition
- You will ship items within 2 business days of rental confirmation
- You will respond to inquiries and issues in a timely manner
- You accept responsibility for any injuries or damages caused by defective items
- You will comply with all applicable laws and tax obligations
- YSA may remove listings at our sole discretion without notice or liability
5. Fees, Payments, and Payouts
YSA charges a platform fee of 10% on each rental transaction, calculated on the rental subtotal. All payments are processed through Stripe, our third-party payment processor. By using the Service, you agree to Stripe's terms of service and authorize us to charge your payment method for all fees incurred.
Payouts to Listers are processed after confirmed return delivery, subject to a 24-hour holding period. Payouts may be delayed or withheld if disputes arise, items are returned damaged, or returns are overdue. YSA reserves the right to deduct any applicable fees, chargebacks, or damages from payouts.
6. Security Deposits and Holds
Listers may require a security deposit (up to $300) to protect against damage or non-return of items. Security deposits are authorized as a hold on your payment method and are not charged unless:
- Items are returned damaged beyond normal wear
- Items are not returned by the due date
- Items are lost or stolen during the rental period
- Cleaning is required beyond standard preparation
YSA has sole discretion in determining whether to capture security deposits. Deposit decisions are final and not subject to appeal. If damages exceed the security deposit amount, you remain liable for the full cost of repair or replacement.
7. Shipping and Delivery
Shipping labels are provided through our shipping partners. Both outbound and return shipping costs are paid by the Renter. YSA is not responsible for delays, loss, or damage during shipping. We strongly recommend signature confirmation for valuable items.
Risk of loss passes to the Renter upon carrier pickup for outbound shipments. Risk of loss passes back to the Lister upon carrier delivery confirmation for returns. Claims for shipping damage must be made directly with the carrier.
8. Cancellations and Refunds
- Cancellations more than 7 days before rental start: Full refund minus processing fees
- Cancellations 3-7 days before rental start: 50% refund
- Cancellations less than 3 days before rental start: No refund
- Lister cancellations: Full refund to Renter; Lister may face penalties
Refunds are processed within 5-10 business days. Platform fees are non-refundable except for Lister cancellations. YSA reserves the right to modify refund policies at any time.
9. User Conduct and Prohibited Activities
You agree not to:
- Violate any laws, regulations, or third-party rights
- List counterfeit, stolen, or illegally obtained items
- Provide false, misleading, or inaccurate information
- Circumvent the platform to conduct transactions directly
- Manipulate reviews, ratings, or feedback
- Harass, abuse, threaten, or discriminate against other users
- Upload malicious code or interfere with platform operations
- Scrape, harvest, or collect user data without authorization
- Use the Service for any commercial purpose not authorized by YSA
- Create multiple accounts or transfer accounts without permission
10. DISCLAIMER OF WARRANTIES
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
YSA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YSA MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE QUALITY, SAFETY, LEGALITY, OR AUTHENTICITY OF ANY ITEMS LISTED, THE TRUTH OR ACCURACY OF LISTINGS, THE ABILITY OF LISTERS TO RENT ITEMS, OR THE ABILITY OF RENTERS TO PAY FOR RENTALS.
YOU ACKNOWLEDGE THAT RENTED ITEMS MAY HAVE BEEN WORN BY OTHER USERS AND THAT YSA DOES NOT INSPECT, VERIFY, OR SANITIZE ANY ITEMS. YOU ASSUME ALL RISKS ASSOCIATED WITH USING RENTED ITEMS, INCLUDING ALLERGIC REACTIONS, SKIN IRRITATION, OR ILLNESS.
11. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YSA, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR WHETHER YSA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL YSA'S TOTAL AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY YOU TO YSA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH CASES, YSA'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
12. Indemnification
You agree to indemnify, defend, and hold harmless YSA and its affiliates, directors, officers, employees, agents, suppliers, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:
- Your use of the Service or any items rented through the Service
- Your violation of these Terms or any applicable law
- Your violation of any third-party rights, including intellectual property rights
- Any content you submit, post, or transmit through the Service
- Any transaction between you and another user
- Any injury or damage caused by items you list or rent
- Your negligence, willful misconduct, or fraud
13. Dispute Resolution and Arbitration
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
13.1 Informal Resolution
Before initiating any arbitration or legal proceeding, you agree to first contact us at support@ysa.dev and attempt to resolve the dispute informally for at least 30 days.
13.2 Binding Arbitration
If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules. The arbitration shall be conducted in English, and the arbitrator's decision shall be final and binding.
13.3 Class Action Waiver
YOU AND YSA AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.
13.4 Exceptions
Notwithstanding the above, either party may seek injunctive relief in any court of competent jurisdiction for infringement of intellectual property rights or other irreparable harm.
14. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions. Any legal action not subject to arbitration shall be brought exclusively in the state or federal courts located in Delaware, and you consent to personal jurisdiction in such courts.
15. Insurance Recommendation
YSA strongly recommends that Listers obtain appropriate insurance coverage for items they list on the platform. YSA does not provide insurance coverage for listed items and is not responsible for any loss, damage, or theft. Security deposits may not cover the full value of items.
16. Intellectual Property
The Service and its original content, features, and functionality are owned by YSA and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our written permission.
By posting content on the Service, you grant YSA a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, and display such content for the purpose of operating and promoting the Service.
17. Termination
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use the Service ceases immediately. All provisions of these Terms that should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
18. General Provisions
- Entire Agreement: These Terms constitute the entire agreement between you and YSA regarding the Service.
- Severability: If any provision is found unenforceable, the remaining provisions shall continue in effect.
- Waiver: No waiver of any term shall be deemed a further or continuing waiver.
- Assignment: You may not assign these Terms without our consent. We may assign these Terms without restriction.
- Force Majeure: YSA shall not be liable for any failure or delay due to circumstances beyond our reasonable control.
19. Contact Information
If you have questions about these Terms, please contact us at:
- Email: legal@ysa.dev
- Support: support@ysa.dev