Our terms & conditions
Add + Space Inc. General Terms of Service
Welcome to Add + Space. Please review these Terms of Service (these “Terms”) and any Supplemental Terms (defined below) carefully, as they govern your access to and use of www.add.space or mobile applications (“Apps”) and the services offered thereon (the “Platform Services”) as well as your relationship with Add + Space Inc. (“Add + Space”, “we”, “us”, or “our”) as a User, receiving the Add + Space Services, or as a Provider providing Provider Services (as defined below). Certain Platform Services and certain aspects of your relationship with Add + Space may be subject to additional guidelines, terms, or rules (“Supplemental Terms,” and the Supplemental Terms together with these Terms, the “Agreement”), which will be posted on the Platform Services in connection with such additional services or will otherwise be referenced in these Terms or made available to you. All such Supplemental Terms are incorporated by reference into this Agreement. If these Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to the subject matter thereof.
BY CLICKING ON THE “I ACCEPT” BUTTON, COMPLETING THE REGISTRATION PROCESS, OR ACCESSING OR USING THE PLATFORM SERVICES, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF AND, AS APPLICABLE, THE ENTITY THAT YOU REPRESENT). IF THE INDIVIDUAL ENTERING INTO THIS AGREEMENT OR OTHERWISE ACCESSING OR USING THE PLATFORM SERVICES IS DOING SO ON BEHALF OF, OR WITHIN HIS OR HER CAPACITY AS A REPRESENTATIVE, AGENT, OR EMPLOYEE OF AN ENTITY, SUCH INDIVIDUAL AND SUCH ENTITY AGREE THAT: (i) “YOU” AND “YOUR” AS USED HEREIN APPLY TO SUCH ENTITY AND, AS APPLICABLE, SUCH INDIVIDUAL; (ii) AND YOU REPRESENT AND WARRANT THAT THE INDIVIDUAL ENTERING INTO THIS AGREEMENT HAS THE POWER, RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUCH ENTITY. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, IF YOU ARE AN INDIVIDUAL UNDER THE AGE OF 18, YOU HAVE PREVIOUSLY BEEN REMOVED OR BANNED FROM THE PLATFORM SERVICES BY ADD + SPACE, OR YOUR ACCESS TO OR USE OF THE PLATFORM SERVICES IS ILLEGAL OR PROHIBITED UNDER APPLICABLE LAW, YOU MAY NOT ACCESS OR USE THE PLATFORM SERVICES.
PLEASE BE AWARE THAT SECTION 10 OF THIS AGREEMENT CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND ADD + SPACE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THIS AGREEMENT. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT:
(1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST ADD + SPACE ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND
(2) YOU ARE WAIVING YOUR RIGHT TO PURSUE DISPUTES OR CLAIMS AND SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.
ANY DISPUTE OR CLAIM RELATING IN ANY WAY TO YOUR USE OF THE PLATFORM SERVICES WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, 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 THIS AGREEMENT.
OVERVIEW OF THE SERVICES
Description. Add + Space is optimizing the storage of personal property and the use of space by storing Items for Users who do not have enough space with Providers or other third parties who have extra space without those parties having to interact or transact. The Platform Services allows Add + Space to interact and transact with users and use technology to find the most efficient spaces in which to store items.
Definitions. For purposes of this Agreement, the following terms have the following meanings.
“Add + Space Services” means the taking possession of and storing of Items for a User by Add + Space and the provision of logistics and other related services in connection therewith.
“Provider” means the individual or entity that has signed up to perform Provider Services.
“Provider Services” means the taking possession of personal property from and storing personal property for Add + Space at Add + Space’s request.
“Items” mean the personal property that a User places in Add + Space’s possession as part of the Add + Space Services.
“Space” means the personal or commercial storage space that a Provider uses for the storage of personal property as part of the Provider Services pursuant to this Agreement.
“User” means an individual or entity giving possession of Items to and storing Items with Add + Space.
Provider Supplemental Terms. If you are a Provider, you are subject to the Provider Terms, which are incorporated herein by this reference, as may be updated by Add + Space from time to time in its sole discretion, with respect to your provision of Provider Services and your relationship with Add + Space as a Provider. The Provider Terms contain additional disclaimers of warranties by Add + Space, as well as additional indemnification obligations and representations and warranties by you as Provider.
User Supplemental Terms. If you are a User, you are subject to the User Terms, which are incorporated herein by this reference, as may be updated by Add + Space from time to time in its sole discretion, with respect to Add + Space’s provision of Add + Space Services to you and your relationship with Add + Space as a User. The User Terms contain additional disclaimers of warranties by Add + Space, as well as additional indemnification obligations and representations and warranties by you as User.
Account Creation. In order to access and use certain features of the Platform Services offered by Add + Space and/or register and act as a Provider or a User, you may be required to register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (i) all required information you submit in connection therewith is truthful and accurate; and (ii) you will maintain the accuracy of such information. Subject to the Provider Terms or the User Terms, as applicable, you may deactivate your Account at any time, for any reason if no Add + Space Services are being provided to you or you are not a Provider, by following the instructions on the Platform Services. If you wish to deactivate your Account while you are receiving Add + Space Services or you are a Provider, you must terminate the Add + Space Services and/or your role as a Provider in order to be able to deactivate your Account. Add + Space may suspend or terminate your Account in accordance with Section 9.
Account Responsibilities. You are responsible for all activities that occur under your Account. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You will immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Add + Space cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
ACCESS AND USE
Platform Services. Subject to your compliance with the Agreement, Add + Space grants you a non-transferable, non-exclusive, revocable, limited right to access and use the Platform Services solely for your own personal, use in connection with your receipt of Add + Space Services or provision of Provider Services in accordance with this Agreement.
Apps. Subject to your complete and ongoing compliance with this Agreement, Add + Space hereby grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Apps on mobile device that you own or control solely for the purpose of accessing and using the Platform Services.
Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (i) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Platform Services, whether in whole or in part, or any content displayed on the Platform Services; (ii) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Platform Services; (iii) you shall not access the Platform Services in order to build a similar or competitive website, product, or service; and (iv) except as expressly stated herein, no part of the Platform Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. All copyright and other proprietary notices on the Platform Services (or on any content displayed on the Platform Services) must be retained on all copies thereof.
Modification and Termination. We may suspend or terminate your rights to use the Platform Services (including your Account) at any time for any reason at our sole discretion, including for any use of the Platform Services in violation of this Agreement. Upon termination this Agreement, your Account and your rights to access and use the Platform Services will terminate immediately. Add + Space reserves the right, at any time, to modify, suspend, or discontinue the Platform Services (in whole or in part) with or without notice to you. You agree that Add + Space will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Platform Services or any part thereof. Unless otherwise indicated, any future release, update, or other addition to functionality of the Platform Services shall be subject to this Agreement.
No Support or Maintenance. You acknowledge and agree that Add + Space will have no obligation to provide you with any support or maintenance in connection with the Platform Services.
ADD + SPACE INTELLECTUAL PROPERTY RIGHTS
Excluding Your Content (defined below) that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Platform Services and its content are owned by Add + Space or its third-party licensors, suppliers or service providers. Neither this Agreement nor your access to or use of the Platform Services transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 3.a. Add + Space and its licensors, suppliers and service providers reserve all rights not granted in this Agreement. There are no implied licenses granted by Add + Space under this Agreement.
Your Content. “Your Content” means any and all information and content that you submit to, or use with, the Platform Services (e.g., messages, reviews, photos, video, images, data, text, and other types of content). You are solely responsible for Your Content. You assume all risks associated with use of Your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of Your Content that personally identifies you or any third party. You hereby represent and warrant that Your Content does not violate our Acceptable Use Policy (defined in Section 5.c). You may not represent or imply to others that Your Content is in any way provided, sponsored or endorsed by Add + Space. Add + Space may, but is not obligated to verify or backup any Your Content, and Your Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of Your Content if you desire. You understand that any termination of your Account may involve deletion of Your Content associated with your Account from our servers.
License. You hereby grant (and you represent and warrant that you have the right to grant) to Add + Space an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit Your Content, and to grant sublicenses of the foregoing rights, solely for the purposes of providing the Platform Services and Add + Space Services and to otherwise perform under this Agreement. You hereby irrevocably waive (and will cause to be waived) any claims and assertions of moral rights or attribution with respect to Your Content.
Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
You will not use the Platform Services to collect, upload, transmit, display, or distribute Your Content: (A) that violates any third-party right, including any contractual obligation, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (C) that is harmful to minors in any way; or (D) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you will not: (A) upload, transmit, or distribute to or through the Platform Services any computer viruses, worms, or any software intended to damage or alter a computer system or data; (B) send through the Platform Services unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (C) use the Platform Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (D) interfere with, disrupt, or create an undue burden on servers or networks connected to the Platform Services, or violate the regulations, policies or procedures of such networks; (E) attempt to gain unauthorized access to the Platform Services (or to other computer systems or networks connected to or used together with the Platform Services), whether through password mining or any other means; (F) harass or interfere with any other user’s use and enjoyment of the Platform Services; or (G) use software or automated agents or scripts to produce multiple Accounts on the Platform Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Platform Services (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Platform Services 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, subject to the parameters set forth in our robots.txt file).