Terms of Service
Last updated: November 9, 2026
These Terms of Service (the “Terms”) form a binding agreement between you and Sideway LLC, a limited liability company based in Boston, Massachusetts (“Sideway,” “Yofella,” “we,” “us,” or “our”), which owns and operates the Yofella website at yofella.com and the related services (together, the “Services”). More information about Sideway LLC is available at sideway-llc.com.
Please read Section 15 carefully. It requires you and us to resolve most disputes through binding individual arbitration, and it waives your right to a jury trial and to participate in a class action, unless you opt out as described in that Section.
1. Acceptance of These Terms
By creating an account, or by accessing or using the Services, you agree to these Terms and acknowledge our Privacy Policy. If you do not agree, do not use the Services.
Certain activities are also governed by additional terms, which are incorporated into these Terms by reference: pre-orders are governed by the Pre-order Terms, and the development of a prototype is governed by the Development Agreement. If additional terms conflict with these Terms, the additional terms control with respect to their subject matter.
2. Eligibility and Accounts
You must be at least 18 years old and able to form a binding contract to use the Services. The Services are offered to persons in the United States, and products are shipped only to addresses in the contiguous United States and the District of Columbia.
One account serves every use of the Services: you may submit ideas, pre-order products, or both. You agree to provide accurate and complete information, to keep it current, and to verify your email address before submitting an idea or placing a pre-order. You are responsible for maintaining the confidentiality of your password and for all activity under your account. Notify us promptly at contact@yofella.com if you suspect unauthorized use of your account.
Your account includes a public profile with a username, display name and any biography you choose to add. Information you place in your public profile, and any project you agree to make public, may be viewed by anyone.
3. The Services
Yofella helps inventors turn product ideas into working prototypes and, where we elect to do so, offers those products to the public through crowdfunded pre-order batches that are manufactured on demand. Sideway LLC is the developer of each prototype and the seller of record for each pre-order. We may modify, suspend or discontinue any part of the Services at any time. We are not obligated to accept any submission, to develop any prototype, or to offer any product for pre-order.
4. Your Content
You retain ownership of the text, images, sketches, files and other materials you submit to the Services (“Your Content”). You grant us a non-exclusive, worldwide, royalty-free license to host, store, reproduce, process, adapt (for example, to resize images) and display Your Content solely as necessary to operate, provide and improve the Services.
Ideas you submit. From the moment you submit an idea, and whether or not we go on to develop it, we keep the non-public information in it, and in the sketches, files and messages about it, confidential. We use that information only to review your idea, to discuss it with you and, if you engage us, to develop it, and we share it only with our members, employees, contractors, manufacturers and suppliers who need it for those purposes and are bound by confidentiality obligations at least as protective as this paragraph. These obligations do not apply to information that is or becomes publicly available through no breach by us, that we knew before you provided it, that we develop independently without use of your information, or that we receive from a third party without a duty of confidentiality; and we may disclose information when required by law, after giving you notice where legally permitted. We review many product ideas and develop products of our own, so others may submit ideas similar to yours and we may already be developing, or may later independently develop, similar products; provided we do not use your confidential information in breach of this paragraph, no obligation or liability to you arises from any such similarity. If you engage us to develop your idea, the Development Agreement governs it from then on, including the rights we receive in it.
You represent and warrant that you own or have all rights necessary to submit Your Content and to grant the licenses in these Terms, and that Your Content, and our use of it as permitted by these Terms, does not infringe, misappropriate or violate the rights of any third party or any law.
5. Acceptable Use
You agree not to:
- use the Services in violation of any applicable law or regulation;
- submit content that is unlawful, infringing, defamatory, obscene, harassing or deceptive;
- impersonate any person or misrepresent your affiliation with any person;
- access or attempt to access accounts, systems or data that you are not authorized to access, or probe, scan or test the vulnerability of the Services;
- interfere with or disrupt the Services, including by introducing malware or by sending automated requests at a volume that imposes an unreasonable load;
- scrape, copy or harvest content or data from the Services by automated means without our prior written consent;
- use the Services to develop or offer a competing service; or
- place pre-orders for the purpose of resale, or by use of fraudulent payment information.
6. Our Intellectual Property
The Services, including their design, software, text, graphics, logos and the Yofella name, are owned by Sideway LLC or its licensors and are protected by intellectual property laws. Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for their intended purpose. No other rights are granted.
If you send us suggestions or feedback about the Services, we may use them without restriction or compensation to you. Feedback does not include an idea you submit for development, which is governed by Section 4 and, once you engage us, the Development Agreement.
7. Payments
Payments are processed by Stripe, Inc. By making a payment, you also agree to the terms that Stripe presents to you. We do not receive or store your full card number. You authorize us, through Stripe, to charge your payment method for the amounts you approve at checkout, and, for a pre-order, for the amount of the order when its batch reaches its goal as described in the Pre-order Terms, including applicable sales tax. All amounts are stated and charged in U.S. dollars.
8. No Investment
A payment for a pre-order is a payment for a product. Support for a project is a voluntary, non-refundable payment governed by the Pre-order Terms. Neither is an investment, a loan or a charitable donation, and neither gives you any equity, ownership, profit share or other financial interest in Sideway LLC, in any inventor, or in any product.
9. Third-Party Services
The Services rely on, and may link to, services operated by third parties, such as payment processing, email delivery and sign-in with Google. We are not responsible for third-party services, and your use of them is governed by their own terms and policies.
10. Suspension and Termination
You may stop using the Services at any time and may ask us to close your account by contacting us. We may suspend or terminate your access to the Services, with or without notice, if we reasonably believe that you have violated these Terms, that your use creates risk or possible legal exposure for us or for others, or if we discontinue the Services. Closing an account does not cancel a pre-order or a development engagement already in progress, which remain governed by their own terms. Sections 4 (license representations), 6, 8 and 11 through 17 survive any termination.
11. Disclaimers
EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE PRE-ORDER TERMS (INCLUDING THE LIMITED WARRANTY) OR THE DEVELOPMENT AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR-FREE. Nothing in this Section limits any warranty that cannot be excluded under applicable law, including implied warranties for consumer goods under Massachusetts law.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, (A) SIDEWAY LLC AND ITS MEMBERS, MANAGERS, EMPLOYEES, CONTRACTORS AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA OR GOODWILL, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THEIR POSSIBILITY; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (I) THE AMOUNTS YOU PAID TO US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND (II) ONE HUNDRED U.S. DOLLARS ($100).
These limitations do not apply to liability that cannot be limited under applicable law, including liability for death or personal injury caused by our negligence, for fraud, or for violations of Massachusetts General Laws Chapter 93A to the extent that liability cannot be limited. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.
13. Indemnification
To the fullest extent permitted by law, you agree to indemnify and hold harmless Sideway LLC and its members, managers, employees, contractors and agents from and against any third-party claims, losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of Your Content, your violation of these Terms, or your violation of any law or the rights of any third party.
14. Governing Law and Venue
These Terms are governed by the laws of the Commonwealth of Massachusetts, without regard to its conflict-of-laws rules, except that Section 15 is governed by the Federal Arbitration Act. Subject to Section 15, any action arising out of or relating to these Terms or the Services must be brought exclusively in the state or federal courts located in Suffolk County, Massachusetts, and you and we consent to the personal jurisdiction of those courts.
15. Dispute Resolution and Arbitration
15.1 Informal resolution
Before starting an arbitration or a small claims action, you and we each agree to try to resolve the dispute informally. The party raising the dispute must send a written notice describing it and the relief sought, to us at contact@yofella.com, or to you at the email address associated with your account. If the dispute is not resolved within sixty (60) days after the notice is received, either party may proceed under this Section.
15.2 Binding arbitration
Except as provided in Section 15.3, any dispute, claim or controversy arising out of or relating to these Terms, the Pre-order Terms, the Development Agreement or the Services, including their formation, interpretation, enforceability or scope, will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, before a single arbitrator. The arbitrator may award any individual relief that a court could award. Unless you and we agree otherwise, the arbitration will take place in Boston, Massachusetts, or by video or written submissions, and if you are an individual you may elect to hold any in-person hearing in the county where you reside. Payment of filing, administration and arbitrator fees is governed by the AAA’s rules. Judgment on the award may be entered in any court of competent jurisdiction.
15.3 Exceptions
Either party may bring an individual claim in small claims court if the claim qualifies and remains there. Either party may seek injunctive or other equitable relief in court to protect its intellectual property rights or confidential information.
15.4 Class action and jury trial waiver
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY. The arbitrator may not consolidate the claims of more than one person. If this Section 15.4 is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and decided by a court under Section 14, after the arbitration of all other claims is complete.
15.5 Opt-out
You may opt out of this Section 15 by emailing contact@yofella.com within thirty (30) days after you first accept these Terms, stating your name, the email address of your account and that you opt out of arbitration. Opting out does not affect any other part of these Terms.
15.6 Changes to this Section
If we make a material change to this Section 15, the change will not apply to any dispute of which we had notice before the change took effect.
16. Changes to These Terms
We may revise these Terms from time to time. We will post the revised Terms with a new “Last updated” date and, for material changes, notify you by email or through the Services before they take effect. Revised Terms do not apply to a pre-order or development engagement entered into before they take effect, except as required by law. Your continued use of the Services after revised Terms take effect constitutes acceptance of them.
17. General
- Electronic communications. You consent to receive agreements, notices, receipts and other communications from us electronically, by email to the address associated with your account or through the Services, and you agree that they satisfy any requirement that such communications be in writing.
- Entire agreement. These Terms, together with the documents they incorporate, are the entire agreement between you and us regarding the Services and supersede any prior understanding on that subject.
- Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, reorganization or sale of assets, or to an affiliate.
- Force majeure. We are not liable for any delay or failure to perform caused by events beyond our reasonable control, including natural disasters, epidemics, supply chain disruptions, labor disputes, acts of government and failures of utilities or networks. Your rights to cancel a pre-order and receive a refund under the Pre-order Terms are not affected.
- Severability and waiver. If any provision of these Terms is held unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in effect. Our failure to enforce a provision is not a waiver of our right to do so later.
- No agency. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship between you and us.
18. Contact
Sideway LLC, Boston, Massachusetts
contact@yofella.com
sideway-llc.com