TERMS OF SERVICE

Last Updated: July 15, 2022

These Terms of Service (these “Terms”) are agreed to between OP Storage Partners, LLC (“OP Storage Partners”, “we”, “us”, or “our”) and you as an individual, or, if you represent an entity or other organization, that entity (in either case, “you” or “your”) and govern your access to and use of our smart storage locker products (individually and collectively, the “Skylokr”), our website located at https://skylokr.com/ and any other websites operated by or on behalf of OP Storage Partners (each, a “Site”), and the mobile and online applications provided by or on behalf of OP Storage Partners (each, an “Application”, and each Site and Application are treated as a part of the “Platform” for purposes of these Terms). Any features or functionality available through the Skylokr or the Platform offered via any Skylokr, Site, and Application are collectively referred to as the “Services”. Data from the Skylokr that you lease or license from us or our partners or that you otherwise use will be uploaded to the Services. The Skylokr may not be usable without your accessing the Services.

PLEASE CAREFULLY READ THESE TERMS. BY ACCESSING OR USING ANY PART OF THE PLATFORM, SKYLOKR, OR SERVICES, OR BY CLICKING A BOX THAT STATES THAT YOU ACCEPT OR AGREE TO THESE TERMS, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE ENTERING INTO THESE TERMS ON BEHALF OF AN ENTITY, BY ACCESSING OR USING ANY PART OF THE PLATFORM, SKYLOKR, OR SERVICES OR BY CLICKING A BOX THAT STATES THAT YOU ACCEPT OR AGREE TO THESE TERMS, YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO BIND THAT ENTITY TO THESE TERMS.

IF YOU DO NOT HAVE SUCH AUTHORITY, DO NOT AGREE TO BE BOUND BY THESE TERMS, OR DO NOT MEET THE QUALIFICATIONS INCLUDED IN THESE TERMS, OP STORAGE PARTNERS IS NOT WILLING TO PROVIDE YOU WITH ACCESS TO OR USE OF THE PLATFORM, SKYLOKR, OR SERVICES AND YOU MUST NOT ACCESS OR USE THE PLATFORM, SKYLOKR, OR SERVICES. IF YOU ACCESS OR USE THE PLATFORM, SKYLOKR, OR SERVICES, YOU ACKNOWLEDGE THAT YOU MEET THE QUALIFICATIONS INCLUDED IN THESE TERMS.

PLEASE BE AWARE THAT SECTION 25 (ARBITRATION) OF THESE TERMS CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND OP STORAGE PARTNERS HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE “LAST UPDATED” DATE OF THESE TERMS. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN YOU AND OP STORAGE PARTNERS TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION.

ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR ACCESS TO OR USE OF THE PLATFORM, SKYLOKR, OR SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF TEXAS CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANY OTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS IS EXPRESSLY EXCLUDED FROM THESE TERMS.

The software embedded in the Skylokr or Applications (and any updates thereto) (“Licensed Software”) is licensed and governed by these Terms. Your use of or access to certain aspects of the Services may be subject to additional terms (“Supplemental Terms”) and such Supplemental Terms will either be listed in these Terms or will be presented to you for your acceptance when you sign up to use the supplemental Services. If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such aspects of the Services. The Supplemental Terms are incorporated by reference into these Terms.

  1. Definitions. Terms used in these Terms have the definitions given in these Terms or, if not defined in these Terms, have their plain English meaning as commonly interpreted in the United States of America.
  2. Term. These Terms are entered into as of the earlier of the date you first download or install an Application or first access or use the Platform, Services, or Skylokr (the “Effective Date”) and will continue until terminated as set forth herein.
  3. Modifications. OP Storage Partners may, at any time, modify or discontinue all or part of the Platform, Services, or Skylokr or change, modify, or waive fees required to use the Platform, Services, or Skylokr. OP Storage Partners also reserves the right, in its sole discretion at any time, to modify these Terms. When changes are made, OP Storage Partners will make a new copy of these Terms available on the Platform. OP Storage Partners will also update the “Last Updated” date at the top of these Terms. OP Storage Partners will inform you of the presence of any changes to these Terms by posting those changes on the Platform or by providing you with notice through the Platform. Any modifications will be effective immediately upon posting on the Platform or delivery of such notice through the Platform. You may terminate these Terms as set forth below if you object to any such modifications, and in such case, you shall stop any use of the Platform, Services, and Skylokr. Otherwise, you will be deemed to have agreed to any and all modifications through your continued use of the Platform, Services, or Skylokr following such notice period. PLEASE REGULARLY CHECK THE PLATFORM TO VIEW THE THEN-CURRENT VERSION OF THESE TERMS.
  4. Account Eligibility, Registration, and Passwords.
  1. Eligibility. You must be 18 years of age or older to access or use the Platform (including any Site or Application or Licensed Software embedded therein), Skylokr, or Services. By accessing or using the Platform, Skylokr, or Services, you represent that you are at least 18 years old. The Platform, Skylokr, and Services are intended to be used only by individuals and entities that can form legally binding contracts under applicable law. By accessing or using the Platform, Skylokr, or Services you agree that you meet these eligibility requirements.
  2. Registration. You are permitted to access certain Services without establishing a user account on the Platform (an “Account”), provided that you have agreed to these Terms. However, before accessing certain portions of the Platform, Services, or Skylokr you and any person you authorize to access the Platform, Services, or Skylokr, as well as any other end user thereof are required to establish an Account on the Platform. To access such portions of the Services, you must register for an Account on the Platform. In connection with establishing an Account you will be asked to submit certain information about yourself (e.g., name, email address, phone number, building, unit/apartment number, whether you currently have a reserved parking space) (the “Registration Information”). You represent and warrant that: (a) all Registration Information you provide will be accurate, complete, and current; and (b) you will maintain and promptly update your Registration Information to keep it accurate, complete, and current. You may not: (i) use or input Registration Information of another person with the intent to impersonate that person; or (ii) use or input Registration Information that OP Storage Partners, in its sole discretion, deems offensive. Your Account is subject, in our sole discretion, to termination or suspension at any time (see Section 14 (Termination and Suspension) below for more details).
  3. Passwords. Each Account of yours and the user identification and password for each such Account (“Account ID”) are personal in nature. Each such Account is for your personal use and each Account ID of yours may be used only by you alone. You are responsible for ensuring the security and confidentiality of your Account ID. You agree to use strong passwords (e.g., that contain upper and lower case letters, numbers, and symbols), and to maintain the security and confidentiality of your password. You shall be solely responsible for all uses of your Account and Account ID and all use of the Platform, Services, and Skylokr through your Account, in any case, whether or not authorized by you. You will notify us immediately if your Account ID is lost, stolen, or otherwise compromised and must notify us of any suspected or actual unauthorized use of or access to your Account or Account ID, and in such case, you should immediately change your password to prevent further unauthorized use or access. You are fully responsible for all liabilities and damages incurred through the use of your Account or under your Account ID (whether lawful or unlawful) and any transactions completed through your Account or under your Account ID will be deemed to have been lawfully completed by you. You hereby grant us the right to use your Registration Information and any other information you provide to us or through the Services in connection with the operation of the Platform or Skylokr.
  1. Skylokr and Use of the Services.
  1. Services. The Services are designed to be used in connection with the Skylokr, which contains our technology (e.g., an OP Storage Partners smart-phone controlled electronic lock), and which you may lease or license from us or one of our partners (e.g., your landlord, rental management company, HOA, or condo manager) pursuant to a written agreement entered into by you and such third party (the “Lessor”) under which you are leasing a garage, carport, or other parking space from the Lessor and pursuant to which you are also leasing the Skylokr from the Lessor subject to the terms and conditions specified herein and therein (“Rental Agreement”). Notwithstanding any such Rental Agreement, your use of and access to the Services and Skylokr will be governed by these Terms; provided that any Rental Agreement is in addition to these Terms and will govern your use of the portions of the Services and Skylokr to which the Rental Agreement applies as between you and the Lessor. In the event of a conflict between the terms of these Terms and the Rental Agreement, the terms most protective of the Services and Skylokr shall prevail to the extent of the conflict.
  2. Access to the Platform, Services, and Skylokr. Subject to your compliance with these Terms and any other terms and conditions accompanying each Application, OP Storage Partners will permit you to access and use the Platform, Services, and Skylokr during the term of these Terms solely by (i) using the Platform in connection with, and solely for the purpose of, using, controlling, and monitoring the Skylokr installed on your property, or that you have been validly authorized to use and access (by lease, license, or otherwise), or to otherwise use and access a service explicitly provided by OP Storage Partners for your authorized use, and (ii) downloading and installing the Applications solely on your own handheld smartphone, tablet, watch, or other similar mobile device (each, a “mobile device”) and operating those Applications solely for the purpose of using and accessing the Platform, Services, and Skylokr as intended, for the purposes set forth in ‘(i)’ above; and with respect to both subparts ‘(i)’ and ‘(ii)’, in each case solely for lawful purposes and only in accordance with the terms of these Terms and any other agreement you agree to with OP Storage Partners before being given access to any specific aspects of the Platform or Skylokr, as applicable. Any additional agreement is in addition to these Terms and will govern your use of the portions of the Platform, Services, or Skylokr to which the additional agreement applies in the event of a conflict between the terms of these Terms and the additional agreement. You may install each Application only on mobile devices owned or controlled by you and used only for your own personal and non-commercial purposes in accordance with these Terms and any applicable terms and conditions accompanying the Application or otherwise provided to you by OP Storage Partners. Except as expressly set forth in the previous sentence, you are granted no licenses or other rights in or to any Application. You agree not to use, modify, reproduce, perform, display, create derivative works from, republish, post, transmit, participate in the transfer or sale of, distribute, or in any way exploit or utilize any Application or the Skylokr other than as expressly permitted in these Terms or any other agreement you are required to agree to before being given access to any Application or the Skylokr. You agree to and will comply with all instructions, usage rules, and documentation that we may provide from time to time with respect to the Services or Skylokr.
  3. Licensed Software. The Licensed Software is used in connection with an Application downloaded and installed on your mobile device.
  1. Limited License. Subject to the terms and conditions of these Terms, OP Storage Partners grants to you a non-transferable, non-sublicensable, non-exclusive, revocable, worldwide (subject to any legal restrictions on export or use) license to download and run the Licensed Software on a single compatible Skylokr that you lease, license, or control in accordance with the documentation and instructions provided with the applicable Licensed Software and Skylokr, as further described below. This license is granted solely for your own personal non-commercial purposes in order to operate the Skylokr. Such documentation and instructions shall be considered part of the Licensed Software. PLEASE READ THE INSTRUCTIONS FOR USE OF THE LICENSED SOFTWARE. Your license to the Licensed Software is also subject to your compliance with the instructions provided by OP Storage Partners from time to time and any instructions on its Sites.
  2. License Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (i) you shall use the Licensed Software solely as licensed above, and shall not license, sell, rent, lease, transfer, assign, distribute, host, outsource, disclose or otherwise commercially exploit the Licensed Software or make the Licensed Software available to any third party; (ii) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Skylokr or Licensed Software (except and only to the extent such restriction is expressly prohibited under applicable law); (iii) you shall not use or access the Licensed Software for benchmarking or competitive analysis, or in order to build a similar or competitive product or service; (iv) you shall not let anyone tamper with the Skylokr in a way that impacts the functionality and security of the Skylokr; (v) except as expressly stated herein, no part of the Licensed Software may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording, or other means; (vi) any future release, update, or other addition to functionality of the Licensed Software shall be subject to the terms of these Terms, unless OP Storage Partners expressly states otherwise; (vii) all use shall be in compliance with Laws (as defined below), including, for the avoidance of doubt, all local laws, such as building codes and regulations; and (viii) all use shall be in compliance with any third-party licensing terms that govern the use of open-source components that may be included in the Licensed Software.  In using the Skylokr (whether or not such use involves use of the Licensed Software), you shall also comply with the applicable restrictions described above.
  3. The Licensed Software is Proprietary to OP Storage Partners. All right, title, and interest, including all IPR (as defined below), in and to the Licensed Software shall be owned and retained by OP Storage Partners or its suppliers. You shall not engage in any act that interferes with OP Storage Partners’ business or violates or infringes OP Storage Partners’ IPR or any IPR of OP Storage Partners’ suppliers or vendors. Any rights not expressly granted by OP Storage Partners in these Terms are reserved. All Licensed Software is licensed and not sold. The Licensed Software may contain or be distributed with open source software which may be covered by a different license. You agree that all open source software shall be and shall remain subject to the terms and conditions under which it is provided, and you shall be responsible for compliance with such terms.
  4. Additional Obligations that Apply to Your Use of the Licensed Software, Skylokr, and Services. In order to operate the Skylokr, you must have a compatible mobile device on which to download an Application. After downloading an Application, you must create an Account in order to operate the Skylokr and to access the Services and certain features or functionality of an Application. You are responsible for maintaining the security of your Skylokr, Licensed Software, Application, and Account, and you must take reasonable steps to protect your Account and access to your Application. All use of the Skylokr, Licensed Software, Application, and Services through your Account (by you or others) is your responsibility. You expressly acknowledge and agree that, to the extent permitted by applicable law, use of the Licensed Software is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy, and effort is with you.
  5.  U.S. Government Users. The Licensed Software is a “commercial item”, as that term is defined at 48 C.F.R. 2.101 (OCT 1995), and more specifically is “commercial computer software” and “commercial computer software documentation”, as such terms are used in 48 C.F.R. 12.212 (SEPT 1995). Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (JUNE 1995), the Licensed Software is provided to U.S. Government end users only as a commercial end item and with only those rights as are granted to all other customers pursuant to the terms and conditions herein. 
  1. Updates. Please note that we may from time to time update the Services, Platform (including the Licensed Software), or Skylokr, including by providing bug fixes, new functionality, or modifications (collectively “Updates”), and that these may occur automatically without additional notice. You hereby consent to these Updates. If you do not, please stop using the Platform, Services, or Skylokr, as applicable. We may also ask you to install Updates yourself, and you agree to do so promptly. Failure to install these Updates may expose you to security risks or limit our ability to provide the Services to you. Updates are subject to these Terms together with any additional terms that may be provided with such Update. Your continued use of the Platform, Services, or Skylokr is your agreement to all such additional terms.
  2. Beta Terms. Certain versions the Platform, Skylokr, Services, and any documentation therefor as each exist on the date they are made available to you, including any modifications, enhancements, or derivative works thereof, or Updates thereto, may be provided to you in pre-Beta or Beta form (collectively, “Beta Products”). In such case, the terms of this Section 5.5 will prevail over any conflicting terms set forth in these Terms. THE BETA PRODUCTS ARE NOT COMPLETED, ARE UNTESTED, AND ARE NOT COMMERCIALLY READY PRODUCTS. THE BETA PRODUCTS ARE NOT AT THE LEVEL OF PERFORMANCE OR COMPATIBILITY OF A FINAL, GENERALLY AVAILABLE PRODUCT OFFERING. THE BETA PRODUCTS MAY NOT OPERATE CORRECTLY AND MAY BE SUBSTANTIALLY MODIFIED PRIOR TO FIRST COMMERCIALLY-READY USE OR WITHDRAWN. USE OF AND ACCESS TO THE BETA PRODUCTS AND PARTICIPATION IN BETA TESTING AND EVALUATION IS ENTIRELY AT YOUR SOLE DISCRETION AND RISK. THE BETA PRODUCTS MAY CONTAIN ERRORS OR DEFECTS, MAY FAIL TO COMPLY WITH SPECIFICATIONS (IF ANY), AND MAY PRODUCE UNINTENDED OR ERRONEOUS RESULTS. EXCEPT FOR THE SPECIFIC WARRANTIES PROVIDED HEREIN, YOU ACCEPT THE BETA PRODUCTS “AS IS” AND “WITH ALL DEFECTS”, WITHOUT ANY WARRANTY, AND OP STORAGE PARTNERS EXPRESSLY DISCLAIMS ANY AND ALL PROMISES, REPRESENTATIONS, AND WARRANTIES, INCLUDING WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INTERFERENCE, AND QUIET ENJOYMENT. OP STORAGE PARTNERS DOES NOT WARRANT THAT THE BETA PRODUCTS WILL MEET YOUR REQUIREMENTS OR THAT THE BETA PRODUCTS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ALL OR ANY ERRORS WILL BE CORRECTED. OP STORAGE PARTNERS WILL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE TO ANY DATA. FOR THE AVOIDANCE OF DOUBT, ALL BETA PRODUCTS ARE PRELEASE, ARE EXPECTED TO CONTAIN DEFECTS WHICH MAY BE MATERIAL, AND ARE NOT EXPECTED TO OPERATE AT THE LEVEL OF PERFORMANCE OR COMPATIBILITY OF A FINAL, GENERALLY AVAILABLE PRODUCT OFFERING. BETA PRODUCTS MAY NOT OPERATE ACCURATELY AND MAY BE SUBSTANTIALLY MODIFIED PRIOR TO PUBLIC AVAILABILITY OR WITHDRAWN AT ANY TIME. THE ENTIRE RISK ARISING OUT OF THE ACCESS TO OR USE OR PERFORMANCE OF THE BETA PRODUCTS REMAINS WITH YOU.
  1. Content.
  1. Certain materials may be displayed or performed on the Platform or otherwise through the Services, including text, data, graphics, images, video, audio, and other material (collectively, the “Content”). All Content is provided for informational purposes only and you are solely responsible for verifying the accuracy, completeness, and applicability of all Content and for your use of any Content. The Content is protected by copyright laws in the United States and elsewhere. The Content may be owned by us or others, including other users of the Services, or our partners, sponsors, or affiliates. Use of the Platform or Services does not confer any ownership rights to the Content. You may only use the Content as permitted in these Terms. We do not accept any responsibility or liability for any content posted by third parties on the Platform, including content posted by other users (“Third Party Content”). Except as may be expressly agreed by us, you may use the Content solely for your personal, non-commercial use in connection with the Services, and may not distribute, modify, or make derivative works of any Content. OP Storage Partners has not verified the accuracy of, and will not be responsible for any errors or omissions in, any Content. Each user is solely responsible for any and all of its Third Party Content. Because OP Storage Partners does not control Third Party Content, you acknowledge and agree that OP Storage Partners is not responsible for any Third Party Content. OP Storage Partners makes no guarantees regarding the accuracy, currency, suitability, or quality of any Third Party Content, and OP Storage Partners assumes no responsibility for any Third Party Content. Your interactions and transactions with any other user or third party are solely between you and such user or third party. You agree that OP Storage Partners will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any other user, OP Storage Partners is under no obligation to become involved. Without limiting the foregoing, OP Storage Partners will not be held liable to you or any other third party for any Content (including your or another user’s Third Party Content) under a Federal law called the Communications Decency Act or CDA, 47 U.S.C. § 230. Except as set forth in these Terms, you are granted no licenses or other rights in or to any Content, or any intellectual property rights therein or related thereto. If you would like to use any Content in a manner not permitted by these Terms, please contact OP Storage Partners.
  2. You are solely responsible for all Third Party Content that you upload, post, email, transmit, or otherwise disseminate using, or in connection with, the Platform or Services, or that you contribute in any manner to the Services, such as photos of yourself; you represent and warrant that you have all rights necessary to do so, in the manner in which you contribute it; and you hereby grant a non-exclusive, royalty-free, perpetual, irrevocable, worldwide, transferable license to OP Storage Partners of all patent, trademark, trade secret, copyright, or other proprietary rights in and to such Third Party Content for use and publication on the Service pursuant to these Terms.
  3. We reserve all rights in the Platform, Services, and Content not expressly granted to you by these Terms. We reserve the right to remove any Content (including any Third Party Content) from the Platform at any time for any reason (including intellectual property claims) or no reason at all.
  1. Guests.
  1. As used in these Terms, a “guest” is any person or entity that is given authorization by the owner, lessee, licensee, or other controller of the Skylokr to use or access such Skylokr or the Services related to the Skylokr. Please be careful to only invite trusted guests; by inviting someone to be a guest (e.g., by sharing the virtual keys to your Skylokr with a third party), you are giving them the ability to access and operate the Skylokr (e.g., they may unlock your Skylokr and access the contents stored in your Skylokr).
  2. These Terms apply to all uses of and access to the Platform, Services, and Skylokr by guests. We may share your information and each of your guests’ information with our partners to provide the Services and to allow our partners to provide corresponding products and services. Moreover, guests should be aware that the owner, lessee, licensee, or other controller of the Skylokr may see information about their use of and access to the Platform, Skylokr, and Services, and may revoke or limit access rights in their discretion without notice.
  3. Guests: if you do not want to use or access the Platform, Skylokr, or Services or your information to be used or shared, please decline the invitation and do not use the Platform, Skylokr, or Services.
  1. Third-Party Websites, Products, and Services. The Services may be used in connection with other products and services, and may contain links and interfaces to, as well as content and data from, third-party websites, products, and services (“Other Services”). Any links and interfaces are provided solely as a convenience to you. By accessing or using these Other Services, you do so at your own risk and you are consenting to the creation of an interface with such Other Services, and agreeing that OP Storage Partners may exchange information and control data with such Other Services regarding you, your guests, your products, and use of the Services, including your and your guests’ personal information, in order to enable the Other Services interface and functionality, and its use by such Other Services. Once this information is shared with the Other Services, its use will be governed by the applicable third party’s privacy policy and not by ours. Moreover, use of such Other Services is governed by separate terms and conditions provided by the providers of the applicable product or service. You should review the terms of use and privacy policies of such Other Services before using them. We do not exercise control over such Other Services. We do not endorse the materials contained on Other Services, and are not responsible for the performance of the Other Services. You acknowledge and agree that OP Storage Partners makes no representation or warranty about the safety of any Other Services. Accordingly, OP Storage Partners is not responsible for your use of any Other Services or any personal injury, death, property damage (including to your property), or other harm or losses arising from or relating to your use of any Other Services.
  2. Your Use of the Platform, Services, and Skylokr.
  1. The Platform, Services, and Skylokr are provided by or on behalf of OP Storage Partners for your personal, non-commercial use only. You agree to use the Platform, Services, and Skylokr only for lawful purposes, and in a way that does not infringe the rights of, restrict, or inhibit anyone else’s use and enjoyment of the Platform, Services, or other Skylokr.
  2. The following sets forth OP Storage Partners’ “Acceptable Use Policy”: You agree, represent, and warrant not to:
  1. We strongly recommend that you do not use or access the Platform or Services on a mobile device that has a “jail broken” or “rooted” operating system, as this can potentially allow other applications to circumvent security features on your mobile device. Any use of such mobile devices is at your own risk. You agree that OP Storage Partners will not be liable for any loss of functionality and you will indemnify us for all damage or liability caused by such use.
  2. You represent and warrant that the use of your Third Party Content by OP Storage Partners or any other user does not violate this Acceptable Use Policy. Although we are not obligated to monitor access to or use of the Platform, Services, or Skylokr, or to review or edit any Content (including Third Party Content), we have the right to do so for the purpose of operating the Platform, Services, and Skylokr, to ensure compliance with these Terms, or to comply with Laws or other legal requirements. We reserve the right, but are not obligated, to investigate, or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy, these Terms, or otherwise create liability for OP Storage Partners or any other person. Such acts may include removing, modifying, or disabling your Third Party Content or access to the Platform, Services, or Skylokr, terminating your Account, or reporting you to law enforcement authorities, at any time and without notice. We may also consult and cooperate with law enforcement authorities to prosecute users who violate Laws.
  3. Except as otherwise expressly provided herein, you are solely responsible for any services you offer, provide, or make available through the Platform or otherwise in connection with the Services or Skylokr (collectively, “Your Services”). You agree that none of Your Services will: (1) violate these Terms, including the Acceptable Use Policy; or (2) violate any Laws or cause OP Storage Partners or any other user to violate any Laws.
  1. System Requirements. The Services will not be accessible without: (i) working Bluetooth technology on a supported mobile device, which device has an Application installed on it and which device is positioned in short range to communicate reliably with the applicable Skylokr (certain Services may work without Bluetooth); (ii) working network connectivity (i.e., a working Wi-Fi network or cellular data connection) on such a supported mobile device (certain Services may work without network connectivity); (iii) a valid Account; (iv) a functioning, supported mobile device; and (v) other system elements that may be specified by OP Storage Partners. It is your responsibility to ensure that you have all required system elements and that they are compatible, up to date, and properly configured. You acknowledge that the Services may not work as described when the requirements and compatibility have not been met.
  2. Open Source. The Platform, Services, or Skylokr may contain or be distributed with open source software which may be covered by a different license. You agree that all open source software shall be and shall remain subject to the terms and conditions under which it is provided, and you shall be responsible for compliance with such terms. 
  3. Feedback. Except as outlined in these Terms, we do not grant you any right, title, or interest in the Platform, Services, Skylokr, or any OP Storage Partners Content. We appreciate it when users send us feedback, comments, or suggestions about the Platform, Services, or Skylokr (or any portions thereof) (“Feedback”), but please only provide Feedback that you agree we may use without limitation. You hereby assign to OP Storage Partners all right, title, and interest in and to Feedback and agree that OP Storage Partners shall have the right to use such Feedback and related information in any manner it deems appropriate without a duty of accounting to you. OP Storage Partners will treat any Feedback you provide to OP Storage Partners as non-confidential and non-proprietary. You agree that you will not submit to OP Storage Partners any information or ideas that you consider to be confidential or proprietary.
  4. App Store. The Applications may be obtained through a third-party distribution platform (e.g., the Apple App Store or Google Play App Store) (each an “App Store”) and are to be used solely on a mobile device owned or controlled by you that operates such third party’s operating system. You agree to comply with all applicable third-party terms of the App Store (the “Usage Rules”) when using an Application. To the extent these Terms provide for usage rules that are less restrictive than or otherwise in conflict with the Usage Rules, the more restrictive term applies. These Terms incorporate by reference the terms of the Addendum to these Terms and any other terms available at the respective App Store from which you have obtained the Application. You agree that these Terms are between you and OP Storage Partners, and not with the App Store. The App Store is not responsible for the Applications, maintenance and support services or any warranty thereof, or addressing any claims related thereto. You agree to pay all fees charged by the App Store in connection with the Applications (if any). The Applications may also be subject to additional terms and conditions and privacy policies, and OP Storage Partners is not a party to nor responsible for those additional terms.
  5. Termination and Suspension.
  1. These Terms remain in effect as long as you continue to use the Platform, Services, or Skylokr or have access to the Services or Skylokr. You can stop using the Platform, Services, or Skylokr at any time; however, you will remain subject to the Rental Agreement as and to the extent set forth therein. We reserve the right to suspend or terminate your use of or access to the Services, Platform, or Skylokr at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use of or access to your Account or the Platform, Services, or Skylokr upon any actual, threatened, or suspected breach of these Terms or applicable Law or upon any other conduct deemed by OP Storage Partners, in its sole discretion, to be inappropriate or detrimental to the Platform, Services, Skylokr, OP Storage Partners, or any other user or third party. Upon termination or expiration of these Terms for any reason: (1) your right to access and use your Account and the Services, Platform, Content, and Skylokr will automatically terminate; (2) all rights and licenses granted to you under these Terms will terminate; (3) you will immediately cease all use of and access to the Platform, Content, Skylokr, and Services; (4) you will immediately delete any Applications you have downloaded or installed prior to termination or expiration; and (5) OP Storage Partners may, in its sole discretion, delete your Account.
  2. Sections 1 (Definitions); 6 (Content); 7 (Guests); 8 (Third-Party Websites, Products, and Services); 9 (Your Use of the Platform, Services, and Skylokr); 11 (Open Source); 12 (Feedback); 13 (App Store); 14 (Termination and Suspension); 15 (Use Outside of Designated Countries); 16 (Limitations); 17 (Representations and Warranties); 18 (Limitation of Liability); 18 (Data Privacy); 19 (Indemnification); 20 (Platform Technology); 21 (Ownership); 22 (Usage Data); 23 (Claims of Infringement); 24 (Miscellaneous Legal Terms); 25 (Arbitration); and 26 (Contact Information) will survive any expiration or termination of these Terms.
  1. Use Outside of Designated Countries. Although each Site and Application may be, accessible worldwide, the Skylokr and Services are not available to all persons or in all countries. To the extent permissible by law, OP Storage Partners accepts no responsibility or liability for any damage or loss caused by your access to or use of the Platform, Services, or Skylokr in a country not specifically approved by OP Storage Partners. You will be bound by these Terms wherever you access or use the Platform, Services, or Skylokr.
  2. Limitations.
  1. Our aim is to make the Platform and Services highly reliable and available; however, they may not be available all of the time. The Platform and Services are subject to sporadic interruptions and failures for a variety of reasons beyond OP Storage Partners’ control, including your mobile device, Bluetooth connection, and Wi-Fi and cellular network failures and coverage limitations; lock system malfunction; battery issues (e.g., battery failure or depletion); service provider uptime; and acts of God. Further, our Services rely on or interoperate with certain third-party products and services (e.g., Bluetooth technology). These third-party products and services are beyond OP Storage Partners’ control (including the internet generally and third-party service providers that we use for networking or storage), but their operation may impact or be impacted by the use and reliability of the Platform or Services. These third-party products and services may not operate in a reliable manner all of the time, and they may impact the way that the Platform or Services operate, and OP Storage Partners is not responsible for damages or losses due to the operation of these third-party products and services. You acknowledge these limitations and agree that OP Storage Partners is not responsible for any damages allegedly caused by the failure or delay of the Platform or Services (to reflect current status or notifications, or otherwise). Further, you acknowledge and agree that none of the Skylokr, Platform, or Services (nor any portion thereof, including any Licensed Software embedded therein) are: (a) intended or certified for emergency notification or response; or (b) an emergency notification system (third-party monitored or otherwise); and you acknowledge and agree that the Skylokr, Platform, or Services (or any portion thereof) should not be used in any of these ways. OP Storage Partners does not monitor emergency notifications and will have no obligation to or responsibility for dispatching, or causing to be dispatched, emergency authorities to the location the Skylokr is installed or any other location in the event of an emergency. The Skylokr, Platform, or Services (and any portion thereof, including any Licensed Software embedded therein) are not intended for use as a life-saving solution for persons at risk at the location where the Skylokr is installed or otherwise. You shall not use or rely on the Skylokr, Platform, or Services (nor any portion thereof, including any Licensed Software embedded therein) for any such emergency or life-saving purpose, and any such emergency events should be directed to the appropriate response services.
  2. You are responsible for all charges and fees required for your products (including the Skylokr) and applicable services (including the Services), and for compliance with these Terms and all applicable agreements, terms of use/service, and other policies of your product and service providers (including internet service providers, mobile device carriers, and Lessors).
  3. To the fullest extent allowed by law, OP Storage Partners is not responsible for damage or liability caused by (i) use of the Platform, Services, or Skylokr for purposes other than for which the Platform, Services, or Skylokr, respectively, are designed or intended, or use in improper temperature, humidity, or other environmental conditions, or use of the Platform, Services, or Skylokr in violation of written instructions provided by OP Storage Partners (which may be provided at the time of purchase or on the Platform), (ii) aging, or improper repair, operation, or maintenance, or connections to improper voltage supply or, to the extent allowed by law, attempted repair by anyone other than a facility or supplier authorized by OP Storage Partners to service the Skylokr. During the term of these Terms, OP Storage Partners or one or more of its authorized agents may, but are not obligated to, perform maintenance or repairs (e.g., battery replacement, normal wear and tear repair) on the Skylokr at any time upon notice to you and you hereby consent to any such access to or use of the Skylokr by OP Storage Partners or any of its authorized agents solely for purposes of maintenance or repair. For the avoidance of doubt, notwithstanding the foregoing or anything to the contrary, OP Storage Partners will have no obligation to repair any damage that was caused by you, any Lessor or guest, or any licensee or invitee of any of the foregoing.
  4. The Skylokr is not an ANSI or BHMA certified door lock. You assume all risk associated with the suitability, installation, and performance of third-party components, hardware, software, and services.
  1. Representations and Warranties.
  1. Mutual. Each party hereby represents and warrants to the other party that: (a) it has the legal right and authority to enter into these Terms; (b) these Terms form a binding legal obligation on behalf of such party; and (c) it has the legal right and authority to perform its obligations under these Terms and to grant the rights and licenses described in these Terms.
  2. Compliance with Laws; Prohibition against Criminal Behavior. You acknowledge that the Platform is a general purpose online service and is not specifically designed to facilitate compliance with any specific Law. You acknowledge that you will access and use the Platform, Services, and Skylokr in compliance with all Laws applicable to you, your Third Party Content, and any other Content you may access through the Platform or Services. OP Storage Partners is not responsible for notifying you of any such Law, enabling your compliance with any such Law, or for your failure to comply. You represent and warrant to OP Storage Partners that your Third Party Content, Your Services, and your use of and access to the Platform and Services, including any Content, will comply with all applicable Laws and will not cause OP Storage Partners itself or any other user to violate any applicable Laws.
  3. Export Administration Regulations. You agree to comply with all applicable export and trade laws and regulations to ensure that neither the Licensed Software, Skylokr, nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws or regulations. You further acknowledge that the Licensed Software, Skylokr, and technical data related thereto are subject to the United States Export Administration Regulations (“EAR”) and may not be exported or re-exported except in strict compliance with those regulations.
  1. By using the Licensed Software you represent and warrant that: (1) you are not a Restricted Party; (2) are not operating, located, or ordinarily resident in a Restricted Territory; and (3) will not use the Licensed Software, Skylokr, or any technical data related thereto in any Restricted Territory, or directly or indirectly transfer it to, or for the benefit of, any Restricted Party or Territory.
  2. “Restricted Territory” means a region designated as a “terrorism supporting” country by an applicable governmental authority or prohibited by OP Storage Partners policy (based on risks including corruption, fairness, and transparency of local legal process, contractual commitments imposed by financial institutions, or applicable embargo or trade restrictions), including Cuba, Iran, North Korea, Syria, and the Crimea Region and any other region that hereinafter becomes subject to a United States or other applicable comprehensive country- or region-based economic or financial sanctions law or trade embargo.
  3. “Restricted Party” means: (i) any party listed in the Department of Commerce Bureau of Industry and Security’s Entity List, any list of parties subject to U.S. financial sanctions maintained by the Office of Foreign Assets Control of the U.S. Department of the Treasury (including the Specially Designated Nationals and Blocked Persons List and the Sectoral Sanctions Identification List), or the U.S. Department of State, or any other applicable list of persons subject to financial sanctions or export restrictions maintained by an applicable governmental authority; (ii) any government of, or any party that is operating, organized, or resident in, a Restricted Territory, or owned or controlled by or acting on behalf of the government of, a Restricted Territory; or (iii) any party that is owned or controlled, individually or in the aggregate, by one or more parties described in subparts ‘(i)’ or ‘(ii)’.
  1.  Warranty Disclaimers.
  1. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM (INCLUDING IN ALL CASES UNDER THIS SECTION 17.4, ANY LICENSED SOFTWARE EMBEDDED THEREIN), CONTENT, SKYLOKR, AND SERVICES ARE PROVIDED FOR YOUR CONVENIENCE, “AS IS” AND “AS AVAILABLE” AND OP STORAGE PARTNERS AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND (INCLUDING WITH REGARD TO THE PLATFORM, CONTENT, SKYLOKR, SERVICES AND OTHER SUBJECT MATTER OF THESE TERMS), WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, TITLE, AND NON-INFRINGEMENT. OP STORAGE PARTNERS AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS MAKE NO WARRANTY THAT DEFECTS WILL BE CORRECTED OR THAT THE PLATFORM, CONTENT, SKYLOKR,  OR SERVICES: (I) WILL MEET YOUR REQUIREMENTS; (II) WILL BE COMPATIBLE WITH YOUR HOME NETWORK, COMPUTER, OR MOBILE DEVICE; (III) WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; OR (IV) WILL BE ACCURATE, ADEQUATE, COMPLETE, OR RELIABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OP STORAGE PARTNERS OR THROUGH THE PLATFORM OR SERVICES SHALL CREATE ANY WARRANTY.
  2. THE SERVICES MAY BE SUSPENDED TEMPORARILY, WITHOUT NOTICE, FOR SECURITY REASONS, SYSTEMS FAILURE, MAINTENANCE AND REPAIR, OR OTHER CIRCUMSTANCES. YOU AGREE THAT YOU WILL NOT BE ENTITLED TO ANY REFUND OR REBATE FOR SUCH SUSPENSIONS. OP STORAGE PARTNERS DOES NOT OFFER ANY SPECIFIC UPTIME GUARANTEE FOR THE SERVICES.
  3. OP STORAGE PARTNERS MAKES NO REPRESENTATIONS CONCERNING ANY CONTENT CONTAINED IN OR ACCESSED THROUGH THE PLATFORM, SERVICES, OR SKYLOKR, AND OP STORAGE PARTNERS WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE PLATFORM, SERVICES, OR SKYLOKR. OP STORAGE PARTNERS MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING SUGGESTIONS OR RECOMMENDATIONS OF SERVICES OR PRODUCTS OFFERED OR PURCHASED THROUGH THE PLATFORM OR SERVICES.
  4. WHEN YOU INSTALL, SET UP, OR USE THE PLATFORM, SERVICES, OR SKYLOKR YOU MAY BE GIVEN THE OPPORTUNITY TO CHANGE DEFAULTS OR CHOOSE PARTICULAR SETTINGS. THE CHOICES YOU MAKE, IF APPLICABLE, CAN CAUSE NON-RECOMMENDED OR UNINTENDED OPERATION OR NON-OPERATION OF THE SKYLOKR, THE PLATFORM AND SERVICES, AND ANY CONNECTED EQUIPMENT OR SYSTEMS. YOU ASSUME ALL LIABILITY FOR ANY DAMAGES AND LOSSES CAUSED BY, OR RELATED TO, THE CHOICES YOU MAKE FOR THE PARTICULAR SETTINGS FOR EACH APPLICABLE SKYLOKR AND THE PLATFORM AND SERVICES, AND SETTING OR CHANGING DEFAULTS.
  5. THE PLATFORM, SERVICES, AND SKYLOKR ARE NOT FAULT-TOLERANT AND ARE NOT DESIGNED, INTENDED, OR PERMITTED FOR USE IN ENVIRONMENTS IN WHICH THE FAILURE OF THE PLATFORM, SERVICES, OR SKYLOKR COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
  6. YOU UNDERSTAND AND AGREE THAT THE USE OF THE PLATFORM, SERVICES, AND SKYLOKR MAY NOT AVERT, ELIMINATE, OR MINIMIZE SUCH OCCURRENCES OF EVENTS, SUCH AS FIRES, FLOODS, BURGLARIES, ROBBERIES, AND MEDICAL ISSUES, OR THEIR CONSEQUENCES, AND, THEREFORE, OP STORAGE PARTNERS MAKES NO EXPRESS OR IMPLIED WARRANTY OR REPRESENTATION (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR PARTICULAR PURPOSE) THAT THOSE PRODUCTS AND SERVICES WILL SO AVERT, ELIMINATE, OR MINIMIZE SUCH OCCURRENCES OF SUCH EVENTS, OR THEIR CONSEQUENCES.
  7. OP STORAGE PARTNERS CARES ABOUT THE INTEGRITY AND SECURITY OF YOUR PERSONAL INFORMATION. WE ENDEAVOR TO IMPLEMENT APPROPRIATE SECURITY MEASURES. HOWEVER, OP STORAGE PARTNERS CANNOT GUARANTEE THAT UNAUTHORIZED THIRD PARTIES WILL NEVER BE ABLE TO DEFEAT OUR SECURITY MEASURES OR USE YOUR PERSONAL INFORMATION FOR IMPROPER PURPOSES. YOU ACKNOWLEDGE THAT YOU PROVIDE YOUR PERSONAL INFORMATION AT YOUR OWN RISK.
  8. WHEN YOU INVITE GUESTS OR SERVICE PROVIDERS TO USE OR ACCESS YOUR SKYLOKR OR THE PLATFORM OR SERVICES, YOU ASSUME ALL RESPONSIBILITY FOR THEIR USE AND ACCESS, AND ANY DAMAGES THAT THEY MAY CAUSE TO YOU, OP STORAGE PARTNERS, OR ANY THIRD PARTY. CHOOSE YOUR INVITED GUESTS AND SERVICE PROVIDERS CAREFULLY!
  9. OP STORAGE PARTNERS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OR IN CONNECTION WITH THE PLATFORM, SERVICES, OR SKYLOKR (INCLUDING “OTHER SERVICES” OR THIRD-PARTY PRODUCTS OR SERVICES CONNECTED THROUGH THE SERVICES) OR ANY HYPERLINKED WEBSITE OR SERVICE, AND OP STORAGE PARTNERS WILL NOT BE A PARTY TO ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF SUCH PRODUCTS OR SERVICES.
  1. Limitation of Liability. IN ADDITION TO THE ABOVE WARRANTY DISCLAIMERS, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER OP STORAGE PARTNERS NOR ITS AFFILIATES, LICENSORS, OR SUPPLIERS SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THESE TERMS OR TERMS OR CONDITIONS RELATED THERETO (INCLUDING ARISING IN CONNECTION WITH OR OUT OF THE USE OF OR ACCESS TO, OR INABILITY TO USE OR ACCESS, THE PLATFORM, CONTENT, SKYLOKR, SERVICES, OR BETA PRODUCTS) UNDER ANY BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY: (A) FOR LOSS OR INACCURACY OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES, OR TECHNOLOGY; (B) FOR ANY LOSS OF YOUR CONTENT, OPPORTUNITY, REVENUES, PROFITS, OR REPUTATION, DIMINUTION IN VALUE, OR BUSINESS INTERRUPTION; (C) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; OR (D) ANY DAMAGES (REGARDLESS OF TYPE) ARISING FROM OR AS A RESULT OF USE OF THE SKYLOKR, PLATFORM (INCLUDING ANY LICENSED SOFTWARE THEREIN), SERVICES, OR BETA PRODUCTS BY ANY PERSON OTHER THAN YOU. THE FOREGOING SHALL APPLY EVEN IF OP STORAGE PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OP STORAGE PARTNERS’ AGGREGATE CUMULATIVE LIABILITY IN CONNECTION WITH THESE TERMS, THE PLATFORM, SKYLOKR, AND BETA PRODUCTS, AND ALL CONTENT AND SERVICES PROVIDED UNDER THESE TERMS OR THROUGH THE PLATFORM, WHETHER IN CONTRACT OR TORT OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF $300 OR THE TOTAL FEES PAID BY YOU TO OP STORAGE PARTNERS OR YOUR APPLICABLE LESSOR FOR THE SKYLOKR AND SERVICES THAT CAUSED SUCH DAMAGE IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO SUCH LIABILITY. YOU AGREE THAT OP STORAGE PARTNERS WOULD NOT ENTER INTO THESE TERMS WITHOUT THESE LIMITATIONS ON ITS LIABILITY. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, OP STORAGE PARTNERS’ LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  2. Indemnification. To the fullest extent permitted by law, you hereby agree to defend, indemnify, and hold OP Storage Partners, its officers, directors, employees, affiliates, agents, contractors, assigns, users, customers, licensees, licensors, suppliers, and successors in interest (each an “Indemnified Party”), harmless from and against any damages, claims, actions or demands, liabilities, losses, fees, expenses, and costs (including attorneys’ fees, court costs, damage awards, and settlement amounts) resulting from, or alleged to result from, any claim or allegation (“Claim”) against any Indemnified Party arising in any manner from (i) your or your guests’ use of or access to the  Platform, Services, or Skylokr, including your or your guests’ negligence or willful misconduct, (ii) your or your guests’ violation of Law or third-party right, (iii) your or your guests’ breach of any representation, warranty, or other provision of these Terms, (iv) your Third Party Content or Your Services or any access thereto or use thereof, or (v) your collection, use, or disclosure of any Content. OP Storage Partners reserves the right, at your expense, to assume the exclusive defense and control of any Claim and you agree to cooperate with our defense of such Claims. You agree not to settle any such Claim without OP Storage Partners’ prior written consent.
  3. Platform Technology. The Platform, and the databases, software (including the Licensed Software), hardware, and other technology used by or on behalf of OP Storage Partners to operate the Platform, and the structure, organization, and underlying data, information, and software code thereof (collectively, the “Technology”), constitute valuable trade secrets of OP Storage Partners. You will not, and will not permit any third party to: (1) access or attempt to access the Technology except as expressly provided in these Terms; (2) use the Technology in any unlawful manner or in any other manner that could damage, disable, overburden, or impair the Technology; (3) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter the Technology; (4) harvest, collect, gather, or assemble information or data regarding other users, including email addresses, without their consent; (5) alter, modify, reproduce, create derivative works of the Technology; (6) alter, obscure, or remove any copyright, trademark, or any other notices that are provided on or in connection with the Technology; (7) distribute, sell, resell, lend, loan, lease, license, sublicense, or transfer any of your rights to access or use the Technology, or otherwise make the Technology available to any third party; (8) reverse engineer, disassemble, decompile, or otherwise attempt to derive the method of operation of the Technology; (9) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of the Technology; (10) interfere with the operation or hosting of the Technology; or (11) introduce software or automated agents or scripts to the Technology so as to produce multiple accounts, generate automated searches, requests, and queries, or to strip, scrape, deep link, or mine content (including Content) from the Technology (except that OP Storage Partners grants the operators of public search engines revocable permission to use spiders to copy materials for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials).
  4. Ownership. OP Storage Partners retains all right, title, and interest, including all IPR, in and to the Technology and any additions, improvements, updates, and modifications thereto. You receive no ownership interest in or to the Technology and you are not granted any right or license to use the Technology itself, apart from your ability to access the Platform, Services, and Skylokr under these Terms. The names and logos of OP Storage Partners, and all product and service names associated with the Platform, Services, and Skylokr are trademarks of OP Storage Partners and its licensors and you are granted no right or license to use them. OP Storage Partners reserves all rights not expressly granted in these Terms.
  5. Usage Data. Notwithstanding anything to the contrary, OP Storage Partners will have the right to collect, extract, compile, synthesize, and analyze non-personal information (data or information that does not identify an entity or natural person as the source thereof) (“Usage Data”) resulting from your access to and use of the Platform, Services, Skylokr, or Content. To the extent any such Usage Data is collected or generated by OP Storage Partners, such Usage Data will be solely owned by OP Storage Partners and may be used by OP Storage Partners for any lawful business purpose without a duty of accounting to you, provided that the Usage Data is used only in an aggregated form, without directly identifying you or any other entity or natural person as the source thereof.
  6. Claims of Infringement. OP Storage Partners respects your copyrights and other intellectual property rights and those of other third parties. If you believe in good faith that your copyrighted work has been reproduced on the Platform without your authorization in a way that constitutes copyright infringement, you may notify our designated copyright agent by mail to:

OP Storage Partners, LLC

Attn: OP Storage Partners Copyright Agent

3879 Maple Avenue

Dallas, TX 75219

[email protected]

Please provide the following information to OP Storage Partners’ copyright agent: (1) the identity of the infringed work, and of the allegedly infringing work; (2) your name, address, daytime phone number, and email address, if available; (3) a statement that you have a good-faith belief that the use of the copyrighted work is not authorized by the owner, his or her agent, or the law; (4) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner; and (5) your electronic or physical signature. OP Storage Partners will take whatever action, in its sole discretion, it deems appropriate, including removing the allegedly infringing work from the Platform.

  1. Miscellaneous Legal Terms.
  1. Entire Agreement; Severability. Unless otherwise amended as provided herein, these Terms will exclusively govern your access to and use of the Platform, Content, Skylokr, and Services (except with respect to any Rental Agreement), and these Terms constitute the entire agreement between you and OP Storage Partners regarding such subject matter and supersede any oral or written proposal, agreement, or other communication between the parties, regarding your access to and use of the Platform, Content, Skylokr, and Services. Except as expressly set forth in these Terms, these Terms may be amended or modified only by a writing signed by both parties. All waivers by OP Storage Partners under these Terms must be in writing or later acknowledged by OP Storage Partners in writing. Any failure by OP Storage Partners to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision and any actual waiver of any provision on one occasion will not be deemed a waiver by OP Storage Partners of any other provision or of such provision on any other occasion. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be replaced by a provision that most closely approximates the original intent and economic effect of the original to the maximum extent consistent with, and permitted by, the Law. The parties hereto are independent contractors and neither party is an agent or partner of the other party. The headings and Section titles in these Terms are for convenience only and have no legal or contractual effect. Any reference herein to the words “include”, “includes”, and “including” will mean “include”, “includes”, and “including”, in each case, “without limitation”.
  2. Applicable Law and Venue. The interpretation of the rights and obligations of the parties under these Terms, including, to the extent applicable, any negotiations, arbitrations, or other proceedings hereunder, will be governed in all respects exclusively by the laws of the State of Texas, U.S.A., as such laws apply to contracts between residents of Texas without regard to conflict of laws provisions thereof. Subject to Section 25 (Arbitration), each party will bring any action or proceeding arising from or relating to these Terms exclusively in binding arbitration in the State of Texas, U.S.A.
  3. Protection of Confidentiality and Intellectual Property Rights. Notwithstanding the foregoing, OP Storage Partners may seek injunctive or other equitable relief to protect its confidential information and IPR or to prevent loss of data or damage to its servers or the Platform, Skylokr, or Services in any court of competent jurisdiction.
  4. Force Majeure. Except for a party’s payment obligations under these Terms, neither party shall be liable for failing or delaying performance of its obligations resulting from any condition beyond its reasonable control, including governmental action, acts of terrorism, natural disasters, earthquake, fire, flood or other acts of God, labor conditions, power failures, and internet disturbances.
  5. Notifications. Unless otherwise specified in these Terms, any notices required or allowed under these Terms will be provided to OP Storage Partners by postal mail to the address for OP Storage Partners listed in Section 26 (Contact Information) below. OP Storage Partners may provide notifications to you as required by Law or for marketing or other purposes via (at its option) email to the primary email associated with your Account or posting of such notice on the Platform. OP Storage Partners is not responsible for any automatic filtering you or your network provider may apply to email notifications. Notices provided to OP Storage Partners will be deemed given when actually received by OP Storage Partners. Notice provided to you will be deemed given 24 hours after posting to the Platform or sending via email, unless (as to email) the sending party is notified that the email address is invalid.
  6. Questions, Complaints, Claims. If you have any questions, complaints, or claims with respect to the Platform, Content, Skylokr, or Services, please contact OP Storage Partners at [email protected]. OP Storage Partners will do its best to address your concerns. If you feel that your concerns have been addressed incompletely, OP Storage Partners invites you to let it know for further investigation. You agree that, unless prohibited by Law, any claim or cause of action arising out of or related to these Terms or the use of or access to the Platform, Content, Skylokr, or Services, must be filed within one (1) year after such claim or cause of action arose or be forever barred, regardless of any time limit set forth in any statute or law to the contrary.
  7. California Residents. If you are a California resident, then in accordance with Cal. Civ. Code §1789.3, you may report any complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at 1-800-952-5210.
  8. Assignment. Neither these Terms nor any rights or obligations of you hereunder may be assigned or otherwise transferred by you (in whole or in part and including by sale, merger, consolidation, or other operation of law) without OP Storage Partners’ prior written consent. Any purported assignment or transfer in violation of the foregoing shall be null and void. These Terms may be assigned by OP Storage Partners without restriction. These Terms are binding upon any permitted assignee.
  1. Arbitration.
  1. Agreement to Arbitrate. Except as otherwise provided in Section 25.2 (Exception to Arbitration), the parties will attempt to resolve all disputes, controversies, or claims arising under, out of, or relating, in any way, to these Terms, including the formation, validity, binding effect, interpretation, performance, breach, or termination of these Terms (each, a “Dispute”) through discussion between the parties as set forth herein. This agreement to arbitrate shall apply, without limitation, to all Disputes that arose or were asserted before the “Last Updated” date of these Terms or any prior version of these Terms. Except as otherwise provided in Section 25.2 (Exception to Arbitration), if any Dispute cannot be resolved through negotiations between the parties within five (5) days of notice from one party to the other of the Dispute, either party may submit such Dispute for final settlement through binding arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC”) then in effect (the “Rules”). Either party may commence the arbitration by delivering a request for arbitration as specified in the Rules. The arbitration will be conducted before a sole neutral arbitrator, selected as provided in the Rules. The arbitration will be conducted in the English language at a site specified by OP Storage Partners in Dallas, Texas, U.S.A. The arbitrator will apply the law set forth in Section 24.2 (Applicable Law and Venue) to any such arbitration and shall have the power to award any remedy available at law or in equity; provided, however, that the arbitrator shall have no jurisdiction to amend these Terms or grant any relief not permitted herein or beyond the relief permitted herein. The award of the arbitrator will be the exclusive remedy of the parties for all claims, counterclaims, issues, or accountings presented or plead to the arbitrator.  Judgment upon the award may be entered in any court or governmental body having jurisdiction thereof. Any additional costs, fees, or expenses incurred in enforcing the award may be charged against the party that resists its enforcement.
  2. Exception to Arbitration. You agree that if OP Storage Partners reasonably believes you have, in any manner, violated or threatened to infringe OP Storage Partners’ IPR, then OP Storage Partners may seek emergency, preliminary or other appropriate interim relief in the state or federal courts located in the State of Texas.
  1. Contact Information:

OP Storage Partners, LLC

Attn: Legal – Terms of Service

3879 Maple Avenue, Dallas, TX 75219

[email protected]

Addendum

Supplemental Terms for Apple

Notwithstanding anything set forth above, with respect to any Application accessed through or downloaded from the Apple App Store (each an “App Store-Sourced Application”), the following additional terms and conditions apply.

  1. Acknowledgement: You acknowledge and agree that these Terms are between you and OP Storage Partners, not Apple, and OP Storage Partners, not Apple, is solely responsible for the App Store-Sourced Application and the content thereof. Your use of the App Store-Sourced Application must comply with the App Store Terms of Service.
  2. Scope of License: For the avoidance of doubt, you will only use the App Store-Sourced Application (a) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (b) as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
  3. Maintenance and Support: You acknowledge that Apple does not and will not have any obligation whatsoever to provide any maintenance or support services with respect to the App Store-Sourced Application.
  4. Warranty: You agree that OP Storage Partners shall be solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed in these Terms. In the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you have the right to notify Apple and Apple shall refund the purchase price for the App Store-Sourced Application to you. You acknowledge that, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App Store-Sourced Application and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be the sole responsibility of OP Storage Partners, to the extent applicable.
  5. Product Claims: Both parties hereto acknowledge and agree that as between OP Storage Partners and Apple, OP Storage Partners, not Apple, is responsible for addressing any claims made by you or any third party relating to the App Store-Sourced Application or your possession or use of the App Store-Sourced Application, including: (i) product liability claims; (ii) any claim that the App Store-Sourced Application fails to conform to any applicable legal or regulatory requirement, and (iii) claims arising under consumer protection or similar legislation.
  6. Intellectual Property Rights: Both parties hereto acknowledge that in the event of any third-party claim that the App Store-Sourced Application or your possession and use of that App Store-Sourced Application infringes such third party’s intellectual property rights, as between OP Storage Partners and Apple, OP Storage Partners, not Apple, will solely be responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim to the extent required by these Terms.
  7. Legal Compliance: You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (ii) you are not listed on a U.S. Government list of prohibited or restricted parties.
  8. Developer Name and Address: OP Storage Partners’ contact information for any questions, complaints, or claims with respect to the App Store-Sourced Application is set forth in these Terms.
  9. Third Party Terms of Agreement: You must comply with all applicable third party terms of agreement when using the App Store-Sourced Application, e.g., you must not be in violation of your wireless data service when using the App Store-Sourced Application.
  10. Third-Party Beneficiary: Both parties acknowledge and agree that Apple and its subsidiaries are third-party beneficiaries of these Terms as related to your license of the App Store-Sourced Application, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.
  11. Apple Minimum Terms Control: You acknowledge and agree that if any of the terms and conditions of these Terms are inconsistent or in conflict with Apple’s applicable Instructions for Minimum Terms for Developer’s End User License Agreement, the terms and conditions of Apple’s Instructions for Minimum Terms of Developer’s End User License Agreement shall apply.