IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR CANNOT MAKE ANY OF THE FOREGOING REPRESENTATIONS, YOU ARE NOT PERMITTED TO USE OR RECEIVE ANY SERVICES FROM THE COMPANY

USER OF OUR SITE

1. Eligibility

This is a contract between you and KopaSpace. You must read and agree to these terms before using the KopaSpace Site or Service. If you do not agree, you may not use the Service. You may use the Site or Service only if you can form a binding contract with KopaSpace, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. You must be at least 18 years old to use the Site and Services. By registering to use the Site and Services, you represent and warrant that you are 18 years of age or older. Any use or access to the Site or Services by anyone under 18 is strictly prohibited and in violation of this Agreement. The Site and Services not available to any Users previously removed from the Site by KopaSpace.

2. KopaSpace Site

Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable license to use the Site only and as permitted by the features of the Site. KopaSpace reserves all rights not expressly granted herein in the Site and the KopaSpace Content (as defined below). KopaSpace may terminate this license at any time for any reason or no reason.

3. KopaSpace Accounts

Your KopaSpace account gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. If you open a KopaSpace account on behalf of a company, organization, or other entity, then (a) "you" includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity’s behalf. By connecting to KopaSpace with a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.

You may never use another User’s account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. We encourage you to use ‘strong" passwords (passwords that use a combination of upper and lower-case letters, numbers and symbols) with your account. You must notify KopaSpace immediately of any breach of security or unauthorized use of your account. KopaSpace will not be liable for any losses caused by any unauthorized use of your account.

4. Service Fees

• KopaSpace may charge fees to Owners ("Owner Fees") and/or Renter ("Renter Fees") (collectively, "Service Fees") in consideration for the use of the KopaSpace Platform
• Any applicable Service Fees (including any applicable Taxes) will be displayed to a Owner or Renter prior to publishing or booking a Listing. KopaSpace reserves the right to change the Service Fees at any time and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change
• You are responsible for paying any Service Fees that you owe to KopaSpace. The applicable Service Fees (including any applicable Taxes) are collected by KopaSpace Payments. KopaSpace Payments will deduct any Owner Fees from the Listing Fee before remitting the payout to the Owner. Any Renter Fees are included in the Total Fees collected by KopaSpace Payments. Except as otherwise provided on the KopaSpace Platform, Service Fees are non-refundable

5. Prohibited Activities

You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the KopaSpace Platform. In connection with your use of the KopaSpace Platform, you will not and will not assist or enable others to:

• Breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards;
• Use the KopaSpace Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies KopaSpace endorsement, partnership or otherwise misleads others as to your affiliation with KopaSpace;
• Copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the KopaSpace Platform in any way that is inconsistent with KopaSpace’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties;
• Use the KopaSpace Platform in connection with the distribution of unsolicited commercial messages ("spam");
• Offer, as a Owner, any storage service that you do not yourself own or have permission to make available through the KopaSpace Platform;
• Unless KopaSpace explicitly permits otherwise, book any Listing if you will not actually be using the Owner Services yourself;
• Contact another User for any purpose other than asking a question related to your own booking, Listing, or the User's use of the KopaSpace Platform, including, but not limited to, recruiting or otherwise soliciting any User to join third-party services, applications or websites, without our prior written approval;
• Use the KopaSpace Platform to request, make or accept a booking independent of the KopaSpace Platform, to circumvent any Service Fees or for any other reason;
• Request, accept or make any payment for Listing Fees outside of the KopaSpace Platform or KopaSpace Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold KopaSpace harmless from any liability for such payment;
• Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
• Misuse or abuse any Listings or services associated with the KopaSpace in its sole discretion
• Use, display, mirror or frame the KopaSpace Platform or Collective Content, or any individual element within the KopaSpace Platform, KopaSpace's name, any KopaSpace trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the KopaSpace Platform, without KopaSpace's express written consent;
• Dilute, tarnish or otherwise harm the KopaSpace brand in any way, including through unauthorized use of Collective Content, registering and/or using KopaSpace or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to KopaSpace domains, trademarks, taglines, promotional campaigns or Collective Content;
• Use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the KopaSpace Platform for any purpose;
• Avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by KopaSpace or any of KopaSpace's providers or any other third party to protect the KopaSpace Platform;
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the KopaSpace Platform;
• Take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the KopaSpace Platform;
• Export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
• Violate or infringe anyone else’s rights or otherwise cause harm to anyone.

Renter agrees not to use the space for any unlawful purpose. The space is to be used by renter only for storage of personal property. Use of the space for any purpose other than for lawful storage of personal items is expressly prohibited. Storage of the following items is expressly prohibited (each is a “prohibited item”):

• Explosives, fuel, hazardous or flammable materials
• Pesticides or other toxic chemicals
• Waste of any kind
• Firearms or ammunition
• Drugs or any illegal substances or goods
• Stolen goods or other contraband
• Perishable food items, spoiled food, living or deceased animals, infested items, or moldy items
• Any item that emits fumes or a strong odor
• Any other items specifically identified by the Owner on the listing as expressly prohibited
• Any other items, the possession, usage, transport or storage of which may violate in any way applicable laws, rules, or regulations

6. Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the KopaSpace Platform and Collective Content, your publishing or booking of any Listing via the KopaSpace Platform, your stay at any Accommodation, participation in any Experience or Event or use of any other Owner Service, participation in the Group Payment Service, or any other interaction you have with other Users whether in person or online remains with you. Neither KopaSpace nor any other party involved in creating, producing, or delivering the KopaSpace Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the KopaSpace Platform or Collective Content, (iii) from any communications, interactions or meetings with other Users or other persons with whom you communicate, interact or meet with as a result of your use of the KopaSpace Platform, or (iv) from your publishing or booking of a Listing,

7. Disclaimer

If you choose to use the KopaSpace Platform or Collective Content, you do so voluntarily and at your sole risk. The KopaSpace Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.You agree that you have had whatever opportunity you deem necessary to investigate the KopaSpace Services, laws, rules, or regulations that may be applicable to your Listings and/or Owner Services you are receiving and that you are not relying upon any statement of law or fact made by KopaSpace relating to a Listing.

If we choose to conduct identity verification or background checks on any User, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a User or guarantee that a User will not engage in misconduct in the future. You agree that some transactions carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Owner Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those services. You assume full responsibility for the choices you make before, during and after your participation in a transaction. The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

8. Indemnification

To the fullest extent permitted by law, you shall indemnify and hold KopaSpace (including its employees, agents, representatives, and subcontractors) harmless from any loss incurred by KopaSpace and its agents in any way arising out of Your Stuff and your use of KopaSpace.

9. Modification of these Terms

KopaSpace reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the KopaSpace Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. Your continued access to or use of the KopaSpace Platform will constitute acceptance of the revised Terms.

10. Arbitration

You and KopaSpace mutually agree and acknowledge that all claims and disputes arising under or relating to these Terms and Conditions, or the breach, termination, enforcement, or interpretation or validity thereof are to be settled by binding arbitration mutually agreeable to the parties, and not in a court of law. Such arbitration will occur only after you and KopaSpace have taken good faith efforts to resolve the dispute and such dispute has failed to be resolved. The arbitration shall be administered by the American Arbitration Association (“AAA”) and shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the “AAA”.

YOU AND KOPASPACE BOTH WAIVE THE RIGHT TO TRIAL BY JURY IN ALL ARBITRABLE DISPUTES. You and KopaSpace also both acknowledge and agree that we are each waiving the right to participating as a plaintiff or class User in any purported class action or representative proceeding in all such disputes. Further, unless You and KopaSpace otherwise agree in writing, any arbitration will be conducted on an individual basis and not in a class, collective, consolidated, or representative proceeding.

Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys’ fees. Any such arbitration shall be conducted by an arbitrator experienced in the “Sharing Economy,” and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction. The parties shall endeavor to settle any such dispute via good faith negotiation prior to initiating any arbitration proceeding.

Exceptions to this arbitration provision include (i) any claim related to actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights; or (ii) any claim seeking emergency injunctive relief based on exigent circumstances. Any claim in exception to the above agreement to arbitration shall be brought into judicial proceeding in a court of competent jurisdiction in the State of Maryland.

If any portion of this arbitration provision is found to be unenforceable or unlawful, those unenforceable or unlawful portions shall be severed from these terms. The severance of unenforceable or unlawful portions of this arbitration provision shall not have any impact on the remainder of the arbitration provision, which shall be given full force and effect.

To the extent any disputed matter arising out of or relating to these Terms is deemed to not be subject to these arbitration provisions, such portion of any disputed matter shall be brought exclusively in the federal and state courts located within the State of Utah, and the parties do hereby submit to the exclusive jurisdiction of those courts.

11. Taxes

You understand and agree that you are solely responsible for determining your applicable tax reporting requirements in consultation with your tax advisors. KopaSpace cannot and does not offer tax-related advice to any Users of the Site and Services. Additionally, please note that each Owner is responsible for determining local indirect taxes and for including any applicable taxes to be collected or obligations relating to applicable taxes in Listings.

12. Default; Denial of Access

You are required to make all rent payments and other payments when they are due. If you fail to pay rent or other fees on time, in addition to any other conditions, it means you are in “default” under this Agreement.

KopaSpace may choose to evict the Renter in cases of “default” as described above in “Default by Renter”. If KopaSpace chooses to evict a Renter, KopaSpace may charge a $100 eviction fee if Renter fails to cure.

13. Misconduct

If you rent Space to anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who:

• engages in offensive, violent or sexually inappropriate behavior,
• you suspect of stealing from you, or
• engages in any other disturbing conduct.

You should immediately report such person to the appropriate authorities and to KopaSpace by contacting us with your police station and report number at support@KopaSpace.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

14. Refund Policy

Owner Refund

If an Owner needs to cancel a Booking before the Renter stores its belongings, the Renter will receive a full refund and the Renter will be given other potential storage spaces.

If for some reason an Owner needs to terminate a Booking after the Renter has stored its Stored Items with no default by Renter, the Owner is required to provide 30 days’ notice to the Renter. If an extreme situation requires an Owner to deny a Renter’s right to possess a Space with less than 30 days’ notice, the Renter will receive a full refund (minus Service Fees) of the most recent rental month and the Owner will not receive the most recent month’s Space Fees and will be charged a $70 termination fee.

Owners who repeatedly cancel Bookings may be subject to additional charges, including removal from the KopaSpace community and suspension of use of the Site and Services.

Renter Refund

Renters must visit My Booking page in the app to cancel their Booking. All future payments will be stopped effective immediately once booking is canceled. In addition, the following provisions apply to cancellation by a Renter:

• If a Renter cancels a Booking less than 24 hours after approval and/or more than three days before the start date, the Renter is eligible for a 100% refund of the Listing price and the Service Fee.
• If a Renter cancels a Booking less than three days before the start date, the Renter is eligible for an 90% refund of the Listing price and will be refunded 0% of the Service Fee.

If the Renter commits to cancelling a booking either through communication with the Owner or our Team but does not cancel it through the app before the rental month renews, the Renter will not receive a refund.

What Information does KopaSpace Collect?

Information You Provide to Us:

We receive and store any information you knowingly provide to us. For example, through the registration process on our website, through our storage specialists over the phone and/or through your account settings, we may collect Personal Information such as your name, email address, home address, phone number, and third-party account credentials (for example, your log-in credentials for Facebook or Google). If you provide your third-party account credentials to us or otherwise sign in to the Services through a third party site or service, you understand some content and/or information in those accounts (“Third Party Account Information”) may be transmitted into your account with us if you authorize such transmissions, and that Third Party Account Information transmitted to our Services is covered by this Privacy Policy. For example, KopaSpace will collect your name and email address to identify your account when logging in using Facebook or Google. Certain information may be required to register with us or to take advantage of some of our features.

We may communicate with you if you provide us the means to do so. For example, if you provide us your email address, we may send you promotional emails on behalf of other businesses, or email you about your use of the Services. Also, we may receive a confirmation when you open an email from us. This confirmation helps us make our communications with you more interesting and improve our services. If you do not want to receive communications from us, please indicate your preference by updating your account settings on the web or by clicking the unsubscribe link at the bottom of any of our emails.

Information Collected Automatically:

Whenever you interact with our Services, we automatically receive and record information on our server logs from your browser or device, which may include your IP address, geolocation data, device identification, “cookie” information, the type of browser and/or device you’re using to access our Services, and the page or feature you requested. “Cookies” are identifiers we transfer to your browser or device that allow us to recognize your browser or device and tell us how and when pages and features in our Services are visited and by how many people. You may be able to change the preferences on your browser or device to prevent or limit your device’s acceptance of cookies, but this may prevent you from taking advantage of some of our features.

If you click on a link to a third party website or service, a third party may also transmit cookies to you. Again, this Privacy Policy does not cover the use of cookies by any third parties, and we aren’t responsible for their privacy policies and practices. Please be aware that cookies placed by third parties may continue to track your activities online even after you have left our Services, and those third parties may not honor “Do Not Track” requests you have set using your browser or device.

We may use this data to customize content for you that we think you might like, based on your usage patterns. We may also use it to improve the Services – for example, this data can tell us how often users use a particular feature of the Services, and we can use that knowledge to make the Services interesting to as many users as possible.

Information Collected From Other Websites and Do Not Track Policy:

Through cookies we place on your browser or device, we may collect information about your online activity after you leave our Services. Just like any other usage information we collect, this information allows us to improve the Services and customize your online experience, and otherwise as described in this Privacy Policy. Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities over time and across different websites. Our Services do not support Do Not Track requests at this time, which means that we collect information about your online activity both while you are using the Services and after you leave our Services.

KopaSpace takes the privacy of its users very seriously. The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible.

Will KopaSpace Share Any of the Personal Information it Receives?

We may de-identify your Personal Information so that you are not identified as an individual and provide that information to our partners. We may also provide aggregate usage information to our partners (or allow partners to collect that information from you), who may use such information to understand how often and in what ways people use our Services, so that they, too, can provide you with an optimal online experience. However, we never disclose aggregate usage or de-identified information to a partner (or allow a partner to collect such information) in a manner that would identify you as an individual person, provided certain Personal Information may be transferred in connection with business transfer.

We may deliver a file to you through the Services (known as a “web beacon”) from an ad network. Web beacons allow ad networks to provide anonymized, aggregated auditing, research and reporting for us and for advertisers. Web beacons also enable ad networks to serve targeted advertisements to you when you visit other websites. Because your web browser must request these advertisements and web beacons from the ad network’s servers, these companies can view, edit, or set their own cookies, just as if you had requested a web page from their site. You may be able to opt-out of web beacon tracking conducted by third parties through our Services by adjusting the Do Not Track settings on your browser; please note that we don’t control whether or how these third parties comply with Do Not Track requests.

Affiliated Businesses:

In certain situations, businesses or third-party websites we’re affiliated with may sell or provide products or services to you through or in connection with the Services (either alone or jointly with us). You can recognize when an affiliated business is associated with such a transaction or service, and we will share your Personal Information with that affiliated business only to the extent that it is related to such transaction or service. We have no control over the policies and practices of third-party websites or businesses as to privacy or anything else, so if you choose to take part in any transaction or service relating to an affiliated website or business, please review all such business’ or websites’ policies.

Agents:

We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products or services to you; for example, we may use a payment processing company to receive and process your credit card transactions for us. KopaSpace uses Stripe as a payment processing provider allowing us not to store any payment information directly; we do however share account information such as email address and name with Stripe to make their service work properly. Unless we tell you differently, our agents do not have any right to use the Personal Information we share with them beyond what is necessary to assist us. Note that an “agent” may also be considered a “partner” in certain circumstances and would be subject to the terms of the “Information that’s been de-identified” section in that regard.

Business Transfers:

We may choose to buy or sell assets and may share and/or transfer customer information in connection with the evaluation of and entry into such transactions. Also, if we (or our assets) are acquired, or if we go out of business, enter bankruptcy, or go through some other change of control, Personal Information could be one of the assets transferred to or acquired by a third party.

Protection of KopaSpace and Others:

We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our Terms of Service and other agreements; or protect the rights, property, or safety of KopaSpace, our employees, our users, or others.

Through your account settings you may access, and, in some cases, edit or delete the following information you’ve provided to us:

• Name and password
• Email address
• Phone number
• Billing address
• Billing details

The information you can view, update, and delete may change as the Services change.You can always opt not to disclose information to us, but keep in mind some information may be needed to register with us or to take advantage of some of our features. You may be able to add, update, or delete information as explained above. When you update information, however, we may maintain a copy of the unrevised information in our records. Some information may remain in our records after your deletion of such information from your account. We may use any aggregated data derived from or incorporating your Personal Information after you update or delete it, but not in a manner that would identify you personally.