These Terms of Service (“Terms”) govern your access to and use of the polystorage platform (the “Service”) provided by Polystorage LLC, a Michigan limited liability company (“Company,” “we,” “us,” or “our”). By accessing or using the Service, you agree to be bound by these Terms.
If you are accessing the Service on behalf of a business or other legal entity (“Organization”), you represent that you have the authority to bind that Organization to these Terms. References to “you” include both the individual user and the Organization where applicable. If your Organization has executed a Master Service Agreement with Polystorage, these Terms apply to each individual user’s access and conduct; in any conflict between these Terms and the MSA, the MSA controls.
1. The Service
polystorage is a cloud-based storage facility management platform that enables self-storage operators to manage units, tenants, leases, billing, and related operations. The features available to you depend on your organization’s subscription plan.
2. Account Registration
You must create an account to access the Service. You agree to:
- Provide accurate, complete, and current registration information;
- Maintain the security of your login credentials and promptly notify us of any unauthorized access; and
- Accept responsibility for all activity that occurs under your account.
We reserve the right to suspend or terminate accounts that contain inaccurate information or that are used in violation of these Terms.
3. Subscription and Payment
Access to the Service requires a paid subscription. By subscribing, you agree to pay all applicable fees on the schedule described in your subscription plan. Fees are non-refundable except as expressly stated in these Terms, in the applicable Master Service Agreement, or as required by applicable law.
We reserve the right to change subscription fees upon at least thirty (30) days’ written notice. Continued use of the Service after a fee change becomes effective constitutes your agreement to pay the updated fees.
Failure to pay fees when due may result in suspension or termination of your access to the Service.
4. Acceptable Use
You agree to use the Service only for lawful purposes and in accordance with these Terms and our Acceptable Use Policy, which is incorporated by reference. You agree not to:
- Violate any applicable federal, state, or local law or regulation;
- Use the Service to store, transmit, or display content that is unlawful, harmful, defamatory, or infringing;
- Attempt to gain unauthorized access to any part of the Service or its related systems;
- Interfere with or disrupt the integrity or performance of the Service;
- Reverse engineer, decompile, or disassemble any component of the Service;
- Use automated tools to scrape or extract data from the Service without our prior written consent; or
- Resell, sublicense, or otherwise provide access to the Service to any third party without our written authorization.
5. Your Data
You retain ownership of all data you upload to or generate through the Service (“Customer Data”). By using the Service, you grant us a limited license to process and store Customer Data solely to provide and improve the Service. “Improve the Service” means developing or enhancing platform features for the general benefit of the Service and does not include training machine learning models on Customer Data in identifiable form or using Customer-specific usage patterns to develop features that exclusively benefit other customers.
You are responsible for ensuring that your collection and use of Customer Data — including any personal information relating to your tenants or employees — complies with all applicable privacy laws.
Our data handling practices are described in our Privacy Policy and, where applicable, our Data Processing Agreement.
6. Intellectual Property
The Service, including all software, interfaces, documentation, and content provided by us, is the exclusive property of Polystorage LLC and its licensors. These Terms do not grant you any ownership interest in the Service. All rights not expressly granted are reserved.
You hereby irrevocably assign to Polystorage all right, title, and interest, including all intellectual property rights, in and to any ideas, suggestions, enhancement requests, recommendations, or other feedback you provide regarding the Service (“Feedback”). This assignment is made as a condition of your right to access and use the Service and constitutes part of the consideration for these Terms; you acknowledge that Polystorage would not grant access without receiving this assignment. To the extent any Feedback is not fully assignable by operation of law, you grant Polystorage a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, reproduce, modify, create derivative works of, and commercialize such Feedback without restriction. Polystorage may incorporate Feedback into the Service or other products at its discretion without compensation, attribution, or further obligation to you.
7. Confidentiality
Each party may receive confidential information from the other in connection with the Service. Each party agrees to hold the other’s confidential information in strict confidence and not disclose it to any third party without prior written consent, except as required by law. This obligation survives termination of these Terms for three (3) years.
Confidential information does not include information that: (a) is or becomes publicly known through no breach of this section; (b) was rightfully known before disclosure; or (c) is independently developed without reference to the confidential information.
8. Warranties and Disclaimers
We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components, or that any information provided through the Service is accurate or complete.
9. Limitation of Liability
Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages. In those jurisdictions, our liability is limited to the fullest extent permitted by law.
10. Indemnification
You agree to defend, indemnify, and hold harmless Polystorage LLC and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; or (d) any claim by a third party arising from your Customer Data.
11. Term and Termination
These Terms remain in effect as long as you use the Service or maintain an active subscription.
You may terminate your subscription at any time through your account settings. We may terminate or suspend your access at any time, with or without cause, upon notice to you. Upon termination: (a) your right to access the Service ceases immediately; (b) we will retain Customer Data and make it available for export for ninety (90) days, after which it may be permanently deleted in accordance with our Data Processing Agreement.
Sections 6, 7, 8, 9, 10, 13, and 14 survive termination of these Terms.
12. Changes to the Service and Terms
We may modify these Terms at any time. We will notify you of material changes at least thirty (30) days before the change takes effect, by email to your registered address and by notice within the Service. Your continued use of the Service after the effective date of a revised version constitutes your acceptance of the updated Terms.
We may modify, suspend, or discontinue any part of the Service at any time and will endeavor to provide reasonable advance notice of significant changes.
13. Governing Law and Dispute Resolution
These Terms are governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflict of law principles. For users whose Organization has executed a Master Service Agreement with Polystorage, disputes are governed exclusively by the dispute resolution provisions of that MSA, including mandatory arbitration under Section 10 of the MSA. This Section applies only to individual users accessing the Service without an applicable MSA. Any such dispute shall be subject to the exclusive jurisdiction of the state and federal courts located in Michigan.
Before initiating formal legal proceedings, you agree to first attempt to resolve disputes by contacting us in good faith at the address below. This informal resolution period shall last thirty (30) days unless extended by mutual agreement.
14. General Provisions
Entire Agreement. These Terms, together with our Privacy Policy and any applicable Master Service Agreement or Order Form, constitute the entire agreement between you and Polystorage LLC regarding the Service.
Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect.
Waiver. Failure to enforce any provision shall not constitute a waiver of our right to enforce it in the future.
Assignment. You may not assign your rights or obligations under these Terms without our prior written consent. We may assign these Terms without restriction.
Force Majeure. Neither party shall be liable for delays or failures in performance resulting from causes beyond its reasonable control.
15. Contact Us
If you have questions about these Terms, please contact:
Polystorage LLC
Michigan, United States
Email: legal@polystorage.io