TERMS OF SERVICES

Welcome to StoRegister, a Self Storage Management Software ("StoRegister"). StoRegister is owned and operated by Pavilion Tree Solutions Private Limited and its subsidiaries (collectively referred to as the "Company," "StoRegister," "we," "us," and "our").

This StoRegister Terms of Service Agreement ("Agreement") is entered into between StoRegister, a product of Pavilion Tree Solutions Private Limited ("StoRegister"), and a company, legal entity, or individual representing the company, who subscribes to or accesses any services ("You" or "Customer"). For simplicity, both parties will be collectively referred to as "Parties." Any individual accessing or using the services on behalf of the company is authorized to accept this Agreement on behalf of the company.

Please carefully read the following Terms of Service (the "Terms"). By using, accessing, or signing up for StoRegister through any acceptable means, including through the execution of a binding agreement (collectively referred to as the "StoRegister Agreement"), the customer ("Customer") agrees to adhere to these Terms. The StoRegister Agreement is incorporated into these Terms.

  1. DEFINITION:

    • "Application" refers to any object code version of the StoRegister Application to which the customer gains authorized access through this Agreement.

    • "Services" encompass additional services such as Website Development and Digital Marketing Services offered by StoRegister, available for purchase on a recurring or non-recurring basis, as listed in the Services section.

    • "Other Services" pertain to any additional services selected by you at a cost (recurring or non-recurring), such as application customization, white labeling, data migration, set up fees, integration charges, Open APIs, etc.

    • "Subscription Fee" signifies the recurring fee paid to access the application

    • "Subscription Services" comprise the web application you've subscribed to, while "Other Services" include website development and digital marketing services that we offer.

    • "Subscription Term" refers to the initial duration of your subscription and each subsequent renewal.

    • "Users" denote you, your employees, representatives, contractors, accountants, or any authorized user with a unique username and password.

    • Any service, feature, or application offered on the website is subject to the Terms of Service. StoRegister retains the right to update, modify, or change specific parts of the Terms of Service.

  2. TERMS OF SERVICE:

    1. Throughout the duration of this Agreement, StoRegister grants you a limited, nonexclusive, non-transferable, and nonsublicensable right to access the application and its associated services. These are intended for self-storage operators/owners to manage their business and provide online services to their customers.

    2. You acknowledge that this agreement pertains to the use of the application.

    3. Our Training Services encompass Online Live Demo Sessions and Support Articles for Users at no additional cost.

    4. As a part of this Agreement, StoRegister extends support services through Chat, Email, and Phone Call to its customers seven days a week. The time frame for resolving issues ranges from 1 to 7 working days, contingent upon the complexity of the matter, and is offered at no additional cost. It's essential to recognize that support is available round the clock from Monday to Saturday. Kindly take note that the support resolution window spans from Monday to Saturday, within the hours of 8 AM to 7 PM European time. In cases where an issue requires more than an hour for resolution, it is automatically escalated to higher-level engineers. These engineers are available for assistance from Monday to Friday, operating between 8 AM and 7 PM European time.

    5. StoRegister may occasionally release new features or services, which will be accessible to customers through their user accounts. Such features or services may be subject to a cost that customers can opt for at any time after release.

    6. You retain the right to downgrade StoRegister and its add-on services during the term of this Agreement. However, StoRegister will not refund the prepaid subscription fee unless explicitly stated in the agreement.

  3. FEES AND PAYMENT TERMS:

    1. Subscription Fee: StoRegister will invoice the subscription fee based on the number of managed spaces and other Services agreed upon by the parties. Before initiating the Account Setup process, the customer is required to make the initial payment, which includes setup fees, data migration fees, integration fees if applicable, along with the first-year subscription fee.

    2. Change of Fees: We reserve the right to increase the subscription fee and other service charges by up to 10% annually. In case of such changes, Customers will be notified through notice. However, changes that significantly affect Customers' interests will not be made without their consent.

    3. Currency: StoRegister bills all fees and charges in Sterling Pounds (GBP). However, we reserve the right to offer fees in other currencies based on Customer's choice. In such cases, the Customer may be subject to additional exchange fees or commissions from their payment provider.

    4. Currency Exchange: Exchange rates are determined by a reputable third-party provider and are based on the applicable rate at the time of reservation, rounded up. Customers have no claims regarding the exchange rate used or the currency conversion performed.

    5. Taxes: Sales tax and other applicable taxes may be added to the invoice amount. After receiving payment, we will issue online receipts for the fees charged.

    6. Payment Mode: Customers must pay applicable fees using the payment methods supported by StoRegister, such as direct bank transfers or credit cards.

    7. Refund: Customers are not entitled to a refund for prepaid subscription fees and associated charges unless explicitly stated in the agreement.

  4. RIGHTS AND RESTRICTIONS:

    1. Authorized Users: You can create any number of authorized Users who can access your account. However, you are responsible for ensuring that all authorized users comply with this Agreement.

    2. Assistance: Customer must provide reasonable information and assistance to StoRegister to facilitate the delivery of Services. Upon StoRegister's request, you must promptly deliver Customer Content to StoRegister in the specified electronic file format. StoRegister's ability to deliver Services effectively may depend on the accuracy and timeliness of this information and assistance.

    3. Compliance with Laws: Customer must adhere to all applicable local, state, national, and foreign laws regarding its use of the Services. This includes laws related to data privacy, international communications, and data transmission. Customer acknowledges that StoRegister does not control the content of information transmitted through the Services. Customer must not upload, post, reproduce, or distribute any information, software, or material protected by intellectual property rights without proper authorization.

    4. Unauthorized Use and False Information:

      Customer shall:

      • Promptly notify StoRegister of any unauthorized use of passwords or user IDs or any known or suspected security breaches.

      • Take immediate action to stop any unauthorized use of the Services that you or your employees are aware of or suspect.

      • Refrain from providing false identity information to gain access to or use the Services.

    5. Administrator Access: Customer assumes responsibility for the actions of its Administrator Users. StoRegister is not liable for data loss or loss of functionality caused directly or indirectly by Administrator Users.

    6. Customer Input: Customer is solely responsible for collecting, inputting, and updating its Customer Content stored on the Host. Customer Content must not infringe on intellectual property rights or contain obscene, defamatory, offensive, or malicious content.

    7. Ownership and Restrictions: Customer retains ownership and intellectual property rights to its Customer Content. StoRegister and its licensors maintain ownership of the services, software programs, and any materials developed under the Agreement. Third-party technology necessary for StoRegister program use is outlined in program documentation. Customer's use of third-party technology follows the terms of the corresponding third-party technology license agreement.

    8. Suggestions: StoRegister has a royalty-free, worldwide, irrevocable, perpetual license to use and incorporate any suggestions, enhancement requests, or feedback related to the Services provided by Customer, including Users' input.

  5. TERM AND TERMINATION:

    1. The subscription term is specified in the User Agreement and Invoice. Notice of renewal or non-renewal will be given before the end of each term. Non-renewal notice prevents the automatic renewal of the subscription.

    2. In case of a breach of the Agreement, refunds or reimbursements are not applicable. Refunds are not provided for partial use of StoRegister if the Customer did not actively use the application during a specific period.

    3. Overdue fees, which cannot be charged through the provided payment method or direct bank transfer, are considered overdue. Failure to settle invoice charges within the specified timeframe leads to a breach of the Agreement. Continued failure to settle charges results in the deletion of customer data from the application database, rendering it irrecoverable if services are resumed later.

    4. Overdue fees may accrue interest at a rate of 1% per month, compounded monthly. The Customer covers legal costs, chargebacks, attorney fees, and credit card commissions incurred in collecting overdue or disputed fees. The Customer should raise disputes directly with StoRegister, refraining from filing credit card charge disputes.

    5. Additionally, if charges specified in the invoice are not settled within seven (30) calendar days from the original due date, it constitutes a breach of these Terms, enabling StoRegister to suspend the Customer's Account. Should the charges remain unsettled even after fourteen (45) calendar days from the original due date, it constitutes a material breach of these Terms. In such cases, StoRegister reserves the right to delete all customer data from the application database. Once deleted, this data cannot be restored, even if the Customer later wishes to resume the services.

  6. CONFIDENTIALITY:

    1. Definition: "Confidential Information" means any information disclosed by a party to the other party, directly or indirectly, which, (a) if in written, graphic, machine-readable or other tangible form, is marked as "confidential" or "proprietary", (b) if disclosed orally or by demonstration, is identified at the time of initial disclosure as confidential and is confirmed in writing to the receiving party to be "confidential" or "proprietary" within 30 days of such disclosure, (c) is specifically deemed to be confidential by the terms of this Agreement, or (d) reasonably appears to be confidential or proprietary because of the circumstances of disclosure and the nature of the information itself. Confidential Information will also include information disclosed by third parties to a disclosing party under an obligation of confidentiality. Subject to the display of Customer Content as contemplated by this Agreement, Customer Content is deemed Confidential Information of Customer. StoRegister software and Documentation are deemed Confidential Information of StoRegister.

    2. Confidentiality: During the term of this Agreement (perpetually in the case of software), each party shall treat as confidential all Confidential Information of the other party, shall not use such Confidential Information except to exercise its rights and perform its obligations under this Agreement, and shall not disclose such Confidential Information to any third party. Without limiting the foregoing, each party shall use at least the same degree of care, but not less than a reasonable degree of care, it uses to prevent the disclosure of its own confidential information to prevent the disclosure of Confidential Information of the other party. Each party shall promptly notify the other party of any actual or suspected misuse or unauthorized disclosure of the other party's Confidential Information. Neither party shall reverse engineer, disassemble or decompile any prototypes, software or other tangible objects which embody the other party's Confidential Information, and which are provided to the party hereunder. Each party may disclose Confidential Information of the other party on a need-to-know basis to its contractors who are subject to confidentiality agreements requiring them to maintain such information in confidence and use it only to facilitate the performance of their services on behalf of the receiving party.

    3. Exceptions: Confidential Information excludes information that: (a) is known publicly at the time of the disclosure or becomes known publicly after disclosure through no fault of the receiving party, (b) is known to the receiving party, without restriction, at the time of disclosure or becomes known to the receiving party, without restriction, from source other than the disclosing party not bound by confidentiality obligations to the disclosing party, or (c) is independently developed by the receiving party without use of the Confidential Information as demonstrated by the written records of the receiving party. The receiving party may disclose Confidential Information of the other party to the extent such disclosure is required by law or order of a court or other governmental authority, provided that the receiving party shall use reasonable efforts to promptly notify the other party prior to such disclosure to enable the disclosing party to seek a protective order or otherwise prevent or restrict such disclosure. Each party may disclose the existence of this Agreement and the relationship of the parties but agrees that the specific terms of this Agreement will be treated as Confidential Information; provided, however, that each party may disclose the terms of this Agreement to those with a need to know and under a duty of confidentiality such as accountants, lawyers, bankers and investors.

  7. INDEMNIFICATION:

    1. Indemnification by Client: If a third party makes a claim against StoRegister that the Customer Content infringes any patent, copyright or trademark, or misappropriates any trade secret, Customer shall defend StoRegister and its directors, officers and employees against the claim at Customer's expense and Customer shall pay all losses, damages and expenses (including reasonable attorneys' fees) finally awarded against such parties or agreed to in a written settlement agreement signed by Customer, to the extent arising from the claim.

    2. Conditions for Indemnification: We will keep the Customer informed within 30 days from the date of we are aware of any claim, shall give the Customer sole control of the defense and settlement of such claim. We shall provide all the necessary assistance, information and authority required for the customer in the defense and settlement of the claim at your expense. Also, customer should not accept any settlement that imposes obligation, admission and liability not specified in this agreement.

  8. LIMITATIONS OF LIABILITY:

    NEITHER PARTY (NOR ANY LICENSOR OR OTHER SUPPLIER OF STOREGISTER) SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOST BUSINESS, PROFITS, DATA OR USE OF ANY SERVICE, INCURRED BY EITHER PARTY OR ANY THIRD PARTY IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE NATURE OF THE CLAIM (INCLUDING NEGLIGENCE), EVEN IF FORESEEABLE OR THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES UNDER THIS AGREEMENT, REGARDLESS OF THE NATURE OF THE CLAIM (INCLUDING NEGLIGENCE), SHALL EXCEED THE FEES PAID OR PAYABLE BY CUSTOMER UNDER THIS AGREEMENT DURING THE 1st MONTHS PRECEDING THE DATE THE CLAIM AROSE. The foregoing limitations shall not apply to the parties' obligations (or any breach thereof) under Sections entitled "Restriction", "Indemnification", or "Confidentiality".

  9. WARRANTIES:

    • StoRegister represents and warrants that it will provide the Services in a professional manner consistent with general industry standards and that the Services will perform substantially in accordance with the Documentation. For any beach of a warranty, Customer's exclusive remedy shall be as provided in Section 5, Term and Termination.

    • STOREGISTER WARRANTS THAT THE SERVICES WILL PERFORM IN ALL MATERIAL RESPECTS IN ACCORDANCE WITH THE DOCUMENTATION. STOREGISTER DOES NOT GUARANTEE THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, OR THAT STOREGISTER WILL CORRECT ALL SERVICES ERRORS. CUSTOMER ACKNOWLEDGES THAT STOREGISTER DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATION FACILITIES, INCLUDING THE INTERNET, AND THAT THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATION FACILITIES.THIS SECTION SETS FORTH THE SOLE AND EXCLUSIVE WARRANTY GIVEN BY STOREGISTER (EXPRESS OR IMPLIED) WITH RESPECT TO THE SUBJECT MATTER OF THIS AGREEMENT. NEITHER STOREGISTER NOR ANY OF ITS LICENSORS OR OTHER SUPPLIERS WARRANT OR GUARANTEE THAT THE OPERATION OF THE SUBSCRIPTION SERVICE WILL BE UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, NOR SHALL STOREGISTER OR ANY OF ITS SERVICE PROVIDERS BE LIABLE FOR UNAUTHORIZED ALTERATION, THEFT OR DESTRUCTION OF CUSTOMER'S OR ANY USER'S DATA, FILES, OR PROGRAMS.

  10. GENERAL PROVISIONS:

    1. Non-Exclusive Service: Customer acknowledges that the Services is provided on a non-exclusive basis. Nothing shall be deemed to prevent or restrict StoRegister's ability to provide the Services or other technology, including any features or functionality first developed for Customer, to other parties.

    2. Personal Data: You hereby acknowledge and agree that StoRegister's performance of this Agreement may require StoRegister to process, transmit and/or store Customer personal data or the personal data of Customer employees and Affiliates. By submitting personal data to StoRegister, you agree that StoRegister and its Affiliates may process, transmit and/or store personal data only to the extent necessary for, and for the sole purpose of, enabling StoRegister to perform its obligations to under this Agreement. In relation to all Personal Data provided by or through Customer to StoRegister, you will be responsible as sole Data Controller for complying with all applicable data protection or similar laws such as GDPR and laws implementing that Directive that regulate the processing of Personal Data and special categories of data as such terms are defined in that Directive. You agree to obtain all necessary consents and make all necessary disclosures before including Personal Data in Content and using the Enabling Software StoRegister. You confirm that you are solely responsible for any Personal Data that may be contained in Content, including any information which any StoRegister User shares with third parties on your behalf. You are solely responsible for determining the purposes and means of processing your customer's Personal Data by StoRegister under this Agreement, including that such processing according to your instructions will not place StoRegister in breach of applicable data protection laws. Prior to processing, you will inform StoRegister about any special categories of data contained within Customer Personal Data and any restrictions or special requirements in the processing of such special categories of data, including any cross-border transfer restrictions. You are responsible for ensuring that the StoRegister meets such restrictions or special requirements to process any Personal Data that meets the requirements set forth in this Section according to these Terms of Service.

    3. StoRegister Personal Data Obligations: In performing the Services, StoRegister will comply with the StoRegister Services Privacy Policy, which is available at https://www.storegister.com/privacy-policy.html and incorporated herein by reference. The StoRegister Services Privacy Policy is subject to change at StoRegister's discretion; however, StoRegister policy changes will not result in a material reduction in the level of protection provided for Customer data during the period for which fees for the services have been paid. The services policies referenced in this Agreement specify our respective responsibilities for maintaining the security of Customer data in connection with the Services. StoRegister will only process Customer Personal Data in delivering StoRegister. You agree to provide any notices and obtain any consent related to StoRegister's use of the data for provisioning the Services, including those related to the collection, use, processing, transfer and disclosure of personal information. Customer shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and retains ownership of all of Customer data.

    4. Assignment: Neither party may assign this Agreement or any right under this Agreement, without the consent of the other party, which consent shall not be unreasonably withheld or delayed; provided however, that either party may assign this Agreement to an acquirer of all or substantially all of the business of such party to which this Agreement relates, whether by merger, asset sale or otherwise. This Agreement shall be binding upon and inure to the benefit of the parties' successors and permitted assigns. Either party may employ subcontractors in performing its duties under this Agreement, provided, however, that such party shall not be relieved of any obligation under this Agreement.

    5. Notices: Except as otherwise permitted in this Agreement, notices under this Agreement shall be in writing and shall be deemed to have been given (a) five (5) business days after mailing if sent by registered email, (b) when transmitted if sent by facsimile, provided that a copy of the notice is promptly sent by another means specified in this section, or (c) when delivered if delivered personally or sent by express courier service. All notices shall be sent to the other party at the address set forth on the cover page of this Agreement.

    6. Force Majeure: Each party will be excused from performance for any period during which, and to the extent that, such party or any subcontractor is prevented from performing any obligation or Service, in whole or in part, as a result of causes beyond its reasonable control, and without its fault or negligence, including without limitation, acts of God, strikes, lockouts, riots, acts of terrorism or war, epidemics, communication line failures, and power failures.

    7. Waiver: No waiver shall be effective unless it is in writing and signed by the waiving party. The waiver by either party of any breach of this Agreement shall not constitute a waiver of any other or subsequent breach.

    8. Severability: If any term of this Agreement is held to be invalid or unenforceable, that term shall be reformed to achieve as nearly as possible the same effect as the original term, and the remainder of this Agreement shall remain in full force.

    9. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes all previous oral and written communications by the parties, concerning the subject matter of this Agreement.

    10. Publicity: Storegister may include Customer's name and logo in its customer lists on its website and for marketing purposes.

    11. No Third-Party Beneficiaries: This Agreement is an agreement between the parties, and confers no rights upon either party's employees, agents, contractors, partners of customers or upon any other person or entity.

    12. Independent Contractor: The parties have the status of independent contractors, and nothing in this Agreement nor the conduct of the parties will be deemed to place the parties in any other relationship. Except as provided in this Agreement, neither party shall be responsible for the acts or omissions of the other party or the other party's personnel.

    13. Statistical Information: StoRegister may anonymously compile statistical information related to the performance of the Services for purposes of improving the service, provided that such information does not identify Client's data or include Customer's name.

    14. Governing Law: This Agreement shall be governed by the jurisdiction of the courts in Bangalore, Karnataka, India, excluding its conflict of law principles.

    15. Compliance with Laws: StoRegister shall comply with all applicable local, state, national and foreign laws in connection with its delivery of the Services, including those laws related to data privacy, international communications, and the transmission of technical or personal data.

    16. Dispute Resolution: Customer's satisfaction is an important objective to Storegister in performing its obligations under this Agreement. Except with respect to intellectual property rights, if a dispute arises between the parties relating to the interpretation or performance of this Agreement or the grounds for the termination hereof, the parties agree to hold a meeting within fifteen (15) days of written request by either party, attended by individuals with decision-making authority, regarding the dispute, to attempt in good faith to negotiate a resolution of the dispute prior to pursuing other available remedies. If, within 15 days after such meeting, the parties have not succeeded in resolving the dispute, either party may protect its interests by any lawful means available to it.

Last updated on 06-Aug-2022