Yardy - Equipment Rental Platform

These Safety & Compliance Guidelines ("Guidelines") are issued by Tech Apps LLC, a California limited liability company, doing business as "Yardy" and operating the Yardy.us Platform ("Tech Apps," "Yardy," "we," "us," "our"). These Guidelines establish mandatory safety, operational, and compliance standards for all equipment owners and customers (collectively, "Users") who access, list, rent, operate, or manage equipment on the Platform.

By using the Platform, you acknowledge and agree to comply fully with these Guidelines.

1. Purpose

These Guidelines are intended to:

Promote safe and lawful equipment operation;
Reduce risks of accidents, injuries, and property damage;
Ensure compliance with all federal, state, and local safety regulations;
Establish mandatory safety responsibilities for equipment owners and customers.

Failure to comply with these Standards may result in account suspension, listing removal, or permanent termination at Tech Apps' discretion.

2. General Safety Requirements

All Users must:

Operate equipment only for its intended and lawful purpose;
Comply with all applicable laws, regulations, industry standards, and manufacturer specifications;
Ensure equipment is used only by qualified and authorized operators;
Immediately report unsafe conditions, defects, or misuse to Tech Apps;
Refrain from operating equipment under the influence of drugs, alcohol, or impairing substances.

3. Equipment Owner Responsibilities

Equipment owners are solely responsible for ensuring equipment safety, legality, and compliance.

3.1 Equipment Condition

Equipment owners shall:

Ensure equipment is safe, functional, and in proper working condition before each rental;
Comply with all required inspections, certifications, and regulatory standards;
Maintain critical safety components, including brakes, hydraulics, stabilizers, and control systems;
Ensure repairs and maintenance are performed only by qualified technicians.

3.2 Required Documentation

Equipment owners must provide customers with:

Accurate and complete safety manuals or instructions;
Equipment-specific operational guidelines;
Any legally required permits, certifications, or inspection records.

3.3 Required Inspections

Equipment owners must:

Conduct a documented pre-rental inspection before releasing equipment;
Verify the condition of equipment upon return;
Document and report defects, malfunctions, and damage.

Failure to meet these obligations may result in listing removal or account suspension.

4. Customer Responsibilities

Customers are responsible for safe operation and compliance when using rented equipment.

4.1 Operator Qualifications

Customers must ensure that operators:

Are experienced, competent, and capable of handling the equipment safely;
Hold all legally required certifications, permits, or licenses for operation;
Understand load limits, controls, and safety procedures.

4.2 Pre-Operation Inspection

Before operating equipment, customers shall confirm that:

There is no visible damage, excessive wear, or instability;
All controls and safety systems are operational;
The equipment is appropriate and safe for its intended use.

4.3 Safe Operation Requirements

Customers must:

Follow equipment owner instructions, manuals, and safety guidance;
Use appropriate PPE (helmets, gloves, safety boots, harnesses, etc.);
Follow site rules, speed limits, and environmental restrictions;
Stop using equipment immediately if unsafe or abnormal conditions arise.

4.4 Incident Reporting

Customers must promptly report any damage, mechanical issue, safety concern, or unexpected malfunction to the Vendor.

5. Environmental & Job Site Safety

Customers shall ensure that:

The job site is safe, stable, and appropriate for equipment operation;
Ground and soil conditions are suitable for equipment weight and movement;
Overhead hazards (e.g., power lines, beams, branches) are assessed and avoided;
Weather conditions permit safe and lawful operation.

6. Prohibited Activities

The following actions are strictly prohibited:

Operating equipment under the influence of alcohol, drugs, or impairing substances;
Allowing unqualified or unlicensed individuals to operate equipment;
Exceeding manufacturer limits or intentionally misusing equipment;
Disabling, bypassing, or modifying safety features;
Performing unauthorized repairs or modifications;
Using equipment on unauthorized sites or for illegal activities.

7. Legal Compliance

All Users must comply with applicable:

OSHA and Cal/OSHA safety regulations;
DOT and transportation laws (where applicable);
Local and state equipment operation requirements;
Industry-specific regulatory standards.

Compliance is mandatory and non-negotiable.

8. Incident Reporting Requirements

For any of the following events:

Personal injury;
Equipment failure or malfunction;
Property damage;
Near-miss events;

Customers must notify both the equipment owner and Tech Apps within 24 hours. Written reports, documentation, or photos may be required.

9. Liability Disclaimer

These Guidelines do not replace or override:

Legal requirements;
Manufacturer specifications;
Safety or industry standards.

Equipment owners and customers remain fully responsible for compliance with all laws and for safe operation, use, and maintenance of equipment.

10. Enforcement Authority

Tech Apps reserves the right to:

Suspend or terminate User accounts;
Remove listings deemed unsafe or noncompliant;
Restrict Platform access for safety violations;
Report unsafe conduct to regulatory authorities when necessary.

Non-compliance may result in legal liability, penalties, or removal from the Platform.

10.1 No Duty of Care

Nothing in these Guidelines shall be interpreted as creating any duty of care owed by Tech Apps to equipment owners, customers, or third parties. Equipment owners and customers remain solely responsible for their own compliance, equipment safety, and operational practices.

10.2 Indemnification

Users shall indemnify, defend, and hold harmless Tech Apps LLC and its officers, directors, members, employees, and agents from any claims, losses, damages, penalties, liabilities, or expenses (including attorney's fees and expert fees) arising out of:

User's violation of these Guidelines;
Unsafe or unlawful operation of Equipment;
Injury, death, or property damage related to Equipment use;
User's negligence, misconduct, or breach of law.

10.3 Warranty Disclaimers

To the maximum extent permitted by California law, Tech Apps disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. Tech Apps do not warrant the safety, suitability, or condition of any Equipment.

10.4 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Guidelines shall be resolved exclusively by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. Arbitration shall occur in Orange County, California.

10.5 Class Action Waiver

Users agree that disputes must be brought on an individual basis only, waiving any right to participate in a class action, class arbitration, private attorney general action, or collective proceeding.

10.6 Jury Trial Waiver

Users knowingly and voluntarily waive any right to a jury trial for any dispute arising from or relating to these Guidelines.

10.7 Electronic Acceptance

By accessing or using the Platform, Users acknowledge and agree that these Guidelines constitute a binding electronic agreement under California law.

11. Account Suspension and Compliance Enforcement