By using the Service, you are agreeing to every provision of this Agreement, any applicable terms and conditions for your Service, and the terms described in any portion of the software, whether or not you have read them. This Agreement also applies to all services we provide and all devices that may be used to connect to your account, as well as anyone who uses your Service.
These Terms of Service ("Terms") govern access to and use of the Smart Storage Software platform, applications, websites, APIs, and related services (collectively, the "Services") provided by Smart Storage Software, LLC ("Smart Storage," "Provider," "we," "us," or "our").
If you are using the Services on behalf of a company or other legal entity, you represent that you have authority to bind that entity.
1. Services & Subscription
Smart Storage Software provides subscription-based software services for self-storage operators, including management, billing, reporting, integrations, and access control functionality.
Services are provided on a month-to-month subscription basis unless otherwise agreed in writing.
2. Account Registration & Security
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account.
You agree to notify the Provider immediately of any unauthorized use or security breach.
3. Fees, Billing & Rate Changes
You agree to pay all applicable subscription fees according to the pricing in effect at the time of enrollment.
Provider may modify pricing or billing structures upon prior notice. Continued use of the Services after notice constitutes acceptance of the revised fees.
Provider may suspend or terminate access for non-payment.
4. License Grant & Acceptable Use
Provider grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services solely for your internal business operations during an active subscription.
You agree not to:
- Copy, resell, sublicense, or distribute the Services
- Reverse engineer or create derivative works
- Use the Services for unlawful or fraudulent purposes
5. Data, Backups & Data Loss Disclaimer
You retain ownership of data you input into the Services.
You acknowledge that no system is completely secure or error-free. You are solely responsible for maintaining independent backups of all data.
To the maximum extent permitted by Alabama law, Provider shall not be liable for:
- Data loss or corruption
- Accidental deletion
- System outages
- Cybersecurity incidents
- Third-party service failures
6. APIs, Integrations & Third-Party Services
APIs, integrations, and third-party connections are provided as-is and may be modified or discontinued at any time.
Provider does not guarantee uptime, compatibility, backward compatibility, or continued availability of any integration and is not liable for third-party failures.
7. Payment Processors & Financial Transactions
Provider does not process, store, or transmit payment card data and relies on third-party payment processors.
Provider shall not be liable for payment failures, chargebacks, processor outages, fraud, settlement delays, or errors caused by payment processors or financial institutions.
You agree to indemnify, defend, and hold harmless Provider from any claims, penalties, fines, losses, or chargebacks arising from payment processing activities, except to the extent caused by Provider's willful misconduct.
8. Feature Modifications & Deprecation
The Services are an evolving platform. Provider may add, modify, suspend, or discontinue features or functionality at any time without liability.
No specific feature, integration, or functionality is guaranteed to remain available.
9. No Service Level Agreement
Provider does not provide any guaranteed uptime or service level unless expressly agreed to in writing.
10. Warranties & Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND.
Provider disclaims all implied warranties including merchantability, fitness for a particular purpose, and non-infringement.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, PROVIDER'S TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES SHALL BE LIMITED TO THE FEES PAID DIRECTLY TO SMART STORAGE SOFTWARE, LLC BY YOU DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE PROVIDER RECEIVES WRITTEN NOTICE OF THE CLAIM OR DEMAND FOR ARBITRATION.
IN NO EVENT SHALL PROVIDER BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES.
12. Indemnification
You agree to indemnify and hold harmless Provider from any claims arising from your use of the Services, your data, or violation of these Terms.
13. Arbitration, Class Action Waiver & Jury Waiver
BINDING ARBITRATION. YOU UNDERSTAND THAT BY ENTERING INTO THIS AGREEMENT YOU ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY AGAINST SMART STORAGE SOFTWARE, LLC. YOU AND SMART STORAGE SOFTWARE, LLC BOTH AGREE TO RESOLVE DISPUTES ONLY BY ARBITRATION.
Any dispute arising out of or relating to these Terms or the Services shall be resolved exclusively by binding arbitration governed by the Federal Arbitration Act.
- Arbitration venue: Elmore County, Alabama
- Arbitrator: Single arbitrator
- Administrator: National Arbitration and Mediation (NAM)
Each party knowingly and voluntarily waives the right to a trial by jury.
Arbitration shall be conducted on an individual basis only. Class, collective, and representative actions are expressly waived.
14. Governing Law
These Terms shall be governed by and construed under the laws of the State of Alabama, without regard to conflict-of-laws principles.
15. Severability
If any provision of these Terms is held unenforceable, the remaining provisions shall remain in full force and effect.
16. Entire Agreement
These Terms, together with the End User License Agreement, constitute the entire agreement between the parties and supersede all prior agreements relating to their subject matter.
Appendix A - Plain-English Summary (Non-Binding)
This summary is provided for convenience only. The full Terms and EULA control.
- This is a monthly SaaS subscription
- There is no guaranteed uptime
- Features may change, be removed, or added
- You must back up your own data
- Smart Storage Software is not responsible for data loss, outages, or third-party failures
- Disputes are resolved by binding arbitration in Alabama
- No class actions or jury trials
- Any damages are capped at fees paid in the prior 12 months
By using the Services, you agree to all of the above.