DeepRent Terms of Service
Revised: August 16th, 2023
Welcome to DeepRent (“DeepRent”, “DR,”, “ProStorage”, “FacilityScan” “we,” “our,” or “us”). We are excited to provide you with the software and services that can assist you with managing your self-storage business. These self-storage software solutions are accessible through our website deeprent.ai and associated domains of deeprent.ai or prostorage.ai and other custom domains, related software, content, and services, including all versions and upgrades thereto, and any third-party services that we may procure on your behalf (collectively, the “Services”).
BEFORE YOU START USING OUR SOFTWARE AND SERVICES, PLEASE CAREFULLY READ THE FOLLOWING TERMS OF SERVICE (“Terms”) TO UNDERSTAND HOW OUR COMPANY WORKS AND YOUR OBLIGATIONS AS A USER OF OUR SOFTWARE AND SERVICES. BY USING OUR SERVICES, REGISTERING FOR AN ACCOUNT, OR OTHERWISE ACCESSING OUR SERVICES YOU OTHERWISE YOU AGREE TO BE BOUND BY THE TERMS. IF ENTERING THESE TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY YOU AFFIRM THAT YOU HAVE AUTHORIZATION AND LAWFUL ABILITY TO BIND SUCH ENTITY TO THESE TERMS. IN THIS CASE, “YOU” REFERS TO SUCH ENTITY. WITHOUT SUCH AUTHORITY OR IF YOU DO NOT AGREE WITH THE TERMS, YOU MAY NOT ACCESS OR USE THE SERVICES.
We may, at our discretion, update these Terms at any time.
Acceptance of Terms
Our company provides software and services designed to assist with the management of self-storage facilities. These services may include the following:
- Online rental payments and account management
- Inventory tracking and management
- Automated billing and invoicing
- Customer service tools
- Reporting and analytics
- Any other software and services offered by DeepRent or ProStorage
Our company reserves the right to modify or discontinue any aspect of our software and services at any time without notice to you.
Acknowledgment and Consent to Information Collection: By accessing or using our Services, you hereby acknowledge and agree that DeepRent may receive certain information about you, including personal information, and may collect, use, disclose, store, and process such information in accordance with these Terms.
Registration Obligations: By registering for our Services, you agree to provide truthful, accurate, current, and complete information about yourself, which we refer to as “Registration Data.” You further agree to maintain and promptly update the Registration Data to ensure that it remains truthful, accurate, current, and complete. If you provide any Registration Data that is untrue, inaccurate, not current, or incomplete, or if DeepRent reasonably suspects that you have done so, DeepRent may suspend or terminate your account.
Account Security: You shall not share your account or password with any third party. You are solely responsible for all activities that occur under your account, whether or not you authorized such activities or users, and regardless of your knowledge of such activities. You agree to immediately notify DeepRent of any unauthorized use of your account, password, or any other security breach.
Responsibility for Content: You acknowledge and agree that all information, data, data records, databases, text, software, music, sounds, photographs, images, graphics, videos, messages, scripts, tags, and other materials accessible through our Services, whether publicly posted or privately transmitted (collectively, “Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not DeepRent, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through our Services (“Your Content”), and other users of our Services, and not DeepRent, are similarly responsible for all Content they upload, post, email, transmit or otherwise make available through our Services (“User Content”). To the extent that you submit any Content, you represent and warrant that: (i) you have all necessary rights and authority to grant the rights set forth in these Terms with respect to Your Content; and (ii) Your Content does not violate any duty of confidentiality owed to another party or any copyright, trademark, right of privacy, right of publicity, or any other right of any other party. You acknowledge and agree that our Services are not intended as a data warehouse, and DeepRent has no obligation to make redundant copies of or to back up Your Content. You are solely responsible for backing up Your Content should you feel the need to do so. You acknowledge and agree that you may not have access to Your Content through our Services following the expiration or termination of these Terms.
Restrictions on Content: You shall not upload, post, email, transmit or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware; or (vi) consists of information that you know or have reason to know is false or inaccurate.
Except as stated on our website or as explicitly agreed in any applicable Additional Terms, DeepRent has no obligation to provide you with any support for the Services, and DeepRent makes no specific service level guarantees. If DeepRent voluntarily provides you with any support beyond the basic descriptions or that is not explicitly agreed in any applicable Additional Terms, such support shall not be deemed a commitment by DeepRent to provide you with support in the future, and DeepRent may choose, at its sole discretion, to discontinue such support at any time and for any reason without any liability to you.
Use of Services
You agree to use our software and services in compliance with all applicable laws, regulations, and these Terms. You are solely responsible for any content, data, or other materials that you upload or transmit using our software and services. You represent and warrant that you have all necessary rights and permissions to use, store, and transmit any content, data, or other materials using our software and services.
You acknowledge that our company has no control over the content or data that you or other users may upload or transmit using our software and services, and our company disclaims any liability for such content or data.
You agree not to use our software and services for any illegal or unauthorized purpose. You may not use our software and services to:
- Violate any laws or regulations
- Infringe on any third-party rights, including intellectual property rights
- Transmit any viruses, malware, or other harmful software
- Use our software and services to collect or store personal information of other users without their consent
- Interfere with or disrupt the performance of our software and services
Fees and Payments
Our company may charge fees for certain software and services provided to you. You agree to pay all fees and charges associated with your use of our software and services.
You shall assume full responsibility for any charges related to data usage, communication services, and other charges imposed by your mobile, internet, cable or any other communication services provider in connection with your access to and use of the Services provided by DeepRent. The Services offer certain features for free, but additional fees may apply to access premium features and other components. Upon accessing or using any portion of the Services that requires payment, you agree to pay the applicable fees.
You agree to pay the specified fees for all Services you use and authorize DeepRent to charge your designated payment method for the monthly plan level selected by you and any other charges incurred in connection with your use of the Services. To use the Services on a monthly basis, you may be required to provide a valid credit card or ACH account. Fees for the Services are billed in advance on a monthly basis and are non-refundable. No refunds or credits will be given for partial months or unused months with an open account. DeepRent reserves the right to change the rates by giving you at least thirty (30) days’ prior notice. Such notice may be provided by posting the changes on our website or by email.
The service period for each selected Service will commence on the day your payment method is charged, and it will continue until the day before your next scheduled charge. If you fail to cancel any applicable Services at least forty-eight (48) hours before your next scheduled charge, your payment method will be charged. Failure to make payment in full and on time may result in suspension or termination of your access to the Services.
Payment Processing by ProStorage
ProStorage provides an optional feature called “ProStorage Payments” as part of our Services. The payment processing services for ProStorage Payments are provided by our Partner Providers, Stripe. By using ProStorage Payments, you agree to be bound by the terms and conditions of the Stripe Connected Account Agreement and Stripe Terms of Service, as applicable. Our Partner Providers may modify these terms from time to time, and you agree to comply with any such modifications.
As a condition of DeepRent enabling payment processing services through a Partner Provider, you agree to provide DeepRent accurate and complete information about you and your business, and you authorize DeepRent to share such information and transaction information related to your use of the payment processing services provided by our Partner Providers.
DeepRent acknowledges its responsibility for the protection of all cardholder data that it possesses or otherwise stores, processes, or transmits on behalf of our customers. DeepRent is in compliance with all requirements of the PCI DSS and has implemented appropriate data protection measures to ensure a level of security commensurate with the risks.
Our company owns all intellectual property rights in our software and services, including but not limited to patents, trademarks, copyrights, and trade secrets. You agree not to use our company’s intellectual property without our express written consent.
You retain all intellectual property rights in any content, data, or other materials that you upload or transmit using our software and services. However, you grant our company a non-exclusive, worldwide, royalty-free license to use, reproduce, distribute, and display such content, data, or other materials for the purposes of providing our software and services to you.
Disclaimer of Warranties
Our company provides our software and services “as is” and without any warranties, express or implied. Our company disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
Limitation of Liability
THE DEEPRENT PARTIES SHALL NOT BE HELD LIABLE FOR ANY LOST PROFITS OR COST OF COVER, OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS, OR FINANCIAL LOSS, EVEN IF THE DEEPRENT PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL THE DEEPRENT PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICES EXCEED THE GREATER OF FIFTY DOLLARS ($50) OR THE AMOUNT PAID BY YOU TO DEEPRENT FOR ACCESS TO THE SERVICES WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE.
You agree to indemnify and hold harmless DeepRent, its affiliates, and their respective officers, directors, employees, and agents from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of our software and services, any content, data, or other materials uploaded or transmitted by you using our software and services, or your violation of these Terms.
DeepRent may terminate these Terms, subject to the Additional Terms, with immediate effect and without notice to you if you violate any of the terms and conditions herein. Upon such termination, you must immediately discontinue your use of the Services and DeepRent may, in its sole discretion, remove and delete any content submitted by you and terminate your user account. Notwithstanding such termination, any provisions of these Terms which are intended to survive termination shall continue to apply, and all other rights granted to you under these Terms shall immediately cease. It is your responsibility to properly cancel your account, which can be done at any time by contacting DeepRent via email or telephone.
Governing Law and Dispute Resolution
The application of the United Nations Convention on Contracts for the International Sale of Goods is excluded specifically from these Terms. These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in Dover, Delaware, without giving effect to any principles of conflicts of law.
Rights to Content
DeepRent acknowledges that the user retains ownership of any content uploaded to the Services. However, the user grants DeepRent and its service providers a worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, and transferable license to use, reproduce, modify, adapt, create derivative works, publicly perform, publicly display, distribute, make and have made the user’s content as necessary to (i) provide access to the Services to the user and other users and (ii) monitor and improve the Services. If the user has made their content accessible to others within their organization through the Services, the user acknowledges and agrees that DeepRent may continue to make the content accessible to others within the organization through the Services even after the user has deleted their user account or the applicable portion of their content from their user account.
The user acknowledges and agrees that, as between the user and DeepRent, DeepRent owns all rights, title, and interest (including all intellectual property rights) in the Services and all improvements, enhancements, or modifications thereto, including all content and other materials therein. The Services are protected by U.S. and international copyright, trademark, patent, and other intellectual property laws and treaties. DeepRent reserves all rights not expressly granted to the user.
As used herein, “Aggregate Data” means the user’s content that has been aggregated in a manner that does not reveal any personal information and cannot reasonably be used to identify the user, their organization, or its customers or vendors as the source of such data. The user acknowledges and agrees that DeepRent may collect or generate Aggregate Data in connection with providing access to or use of the Services, and, subject to the user’s provision of consent, the user hereby grants DeepRent and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, and transferable license to use, reproduce, modify, adapt, create derivative works, publicly perform, publicly display, distribute, make and have made Aggregate Data (in any form and any medium, whether now known or later developed) for any lawful purpose.
Except with respect to the user’s content and subject to the limited rights expressly granted to the user, the user may not: (i) use, reproduce, modify, adapt, create derivative works, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer, or otherwise grant rights to the Services; (ii) reverse engineer, disassemble, decompile, or translate, or otherwise attempt to derive the source code, architectural framework, or data records of any software within or associated with the Services; (iii) frame or utilize any framing technique to enclose any content; (iv) access the Services for the purpose of developing, marketing, selling, or distributing any product or service that competes with or includes features substantially similar to the Services or any products or services offered by DeepRent; (v) rent, lease, lend, sell or sublicense the Services or otherwise provide access to the Services as part of a service bureau or similar fee-for-service purpose; (vi) remove or obscure any proprietary notice that appears within the Services; or (vii) use the Services in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person or that violates any applicable law.
You acknowledge that the Services, these Terms, Call Recordings, and any other confidential information provided by DeepRent constitutes valuable proprietary information and trade secrets (“Confidential Information”). You agree to preserve the confidential nature of any Confidential Information you receive by retaining and using it in confidence. You may use Confidential Information solely for your internal business use in connection with your use of Services, and you may not provide such Confidential Information to any third party, except with DeepRent’s prior written consent.
Suggestions; Comments; Feedback
If you choose to provide or make available any suggestions, comments, ideas, improvements or other feedback relating to the Services (“Suggestions”) to DeepRent, you hereby grant DeepRent and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Suggestions in any form and any medium (whether now known or later developed), without credit or compensation to you.
Binding Arbitration and Class Action Waiver
ALL CLAIMS (AS DEFINED IN ABOVE) SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT (DEFINED FOR THE PURPOSES OF THESE TERMS AS A COURT OF LIMITED JURISDICTION THAT MAY ONLY HEAR CLAIMS NOT EXCEEDING $5,000) IF YOUR CLAIMS ARE WITHIN THE COURT’S JURISDICTION. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
The arbitration shall be conducted by the American Arbitration Association (AAA) under its then-applicable Commercial Arbitration Rules or, as appropriate, its Consumer Arbitration Rules. The AAA’s rules are available at http://www.adr.org/. The arbitrator will, among other things, have the power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of the arbitration agreement or to the arbitrability of any Claims. Payment of all filing, administration and arbitrator fees shall be governed by the AAA’s rules. The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that such hearing shall be conducted in Dover, Delaware or, if the Consumer Arbitration Rules apply, another location reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, as determined by the arbitrator. The decision of the arbitrator on all matters relating to the Claim shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
WE EACH AGREE THAT ALL CLAIMS (AS DEFINED ABOVE) SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE ACTION, ARBITRATION OR OTHER SIMILAR PROCESS AND EXPRESSLY WAIVE ANY RIGHT TO HAVE A CLAIM DETERMINED OR RESOLVED ON A CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE BASIS. IF FOR ANY REASON THE PROVISIONS OF THE PRECEDING SENTENCE ARE HELD TO BE INVALID OR UNENFORCEABLE IN A CASE IN WHICH CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE CLAIMS HAVE BEEN ASSERTED, THE PROVISIONS OF THIS SECTION SHALL LIKEWISE BE UNENFORCEABLE AND NULL AND VOID. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN A COURT OF COMPETENT JURISDICTION IN DOVER, DELAWARE. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
Notwithstanding anything to the contrary, you and DeepRent may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth in this Section.
If DeepRent implements any material change to this Section, such change shall not apply to any Claim for which you provided written notice to DeepRent before the implementation of the change.
Links and Connections
You represent and warrant that neither you nor any of your employees, agents or affiliates are located in, under the control of, or a resident of a country that is subject to any U.S. Government embargo or has been designated by the U.S. Government as a “terrorist supporting” country. You further represent and warrant that you and your employees, agents or affiliates are not listed on any U.S. Government list of prohibited or restricted parties, including but not limited to the Specially Designated Nationals List, the Denied Persons List, and the Entity List. If at any time during your use of the Services, you or any of your employees, agents or affiliates become subject to any of the above restrictions, you agree to immediately cease using the Services and notify DeepRent in writing.
These Terms constitute the entire agreement between you and our company regarding your use of our software and services. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision. Our company may assign or transfer these Terms, in whole or in part, without restriction. You may not assign or transfer these Terms without our prior written consent.
If you have any questions about these Terms or our software and services, please contact us at +1 (469) 946 9820 or firstname.lastname@example.org