Terms of Service | Westorably

Two things worth reading twice. Section 18 limits what we owe you if something goes wrong. Section 22 requires most disputes to be resolved by individual arbitration and waives class actions, with a 30-day opt-out you can use without any effect on your account.

1. Agreement to these terms

These Terms of Service (the “Terms”) form a binding agreement between [LEGAL ENTITY NAME] (“Westorably”, “we”, “us”) and the business that creates an account or uses the Service (“Customer”, “Operator”, “you”). By creating an account, signing an order form, paying an invoice or using the Service, you accept these Terms.

If you accept on behalf of a company, you confirm you have authority to bind it. If you do not have that authority, or you do not agree, do not use the Service.

These Terms incorporate the Privacy Policy, the Acceptable Use Policy, the Cookie Policy and, where applicable, the Data Processing Addendum. Together they are the “Agreement”.

2. Definitions

Service: the Westorably web application, public booking pages, APIs, integrations, documentation and support we provide.
Location: one physical storage facility configured in your account. Fees are charged per Location.
Customer Data: everything you or your Users put into the Service or generate through it: unit inventory, tenant records, leases, documents, notes, payment history and configuration.
User: a person you authorise to access your account, such as you, a manager or a member of staff.
Tenant: a person or business renting a unit from you who interacts with a booking page or tenant portal.
Subscription Term: the monthly or annual period you have paid for.

3. Accounts and eligibility

You must be at least 18 and able to form a binding contract.
Account information must be accurate and kept up to date.
You are responsible for everything that happens under your account, including actions by your Users, and for keeping credentials secure. Enable multi-factor authentication where offered.
Tell us promptly at security@westorably.com if you suspect unauthorised access.
You may not use the Service if you are located in, or ordinarily resident in, a country or region subject to comprehensive sanctions, or if you appear on a restricted-party list.

4. What the Service is, and what it is not

Westorably is software. We give you tools to manage units, tenants, leases and payments. Within that, please be clear about the following.

We are not a landlord or facility operator. The rental relationship is between you and your Tenant. We are not a party to it.
We are not a law firm. Lease templates, notice sequences, late-fee schedules and lien or auction workflows are configurable tools, not legal advice. Storage lien law, notice periods, fee caps and auction procedure differ by jurisdiction and change over time. You are responsible for confirming that what you configure is lawful where your facility is.
We are not a bank, money transmitter, lender or insurer. Funds move between your Tenant and your own Stripe account. We never take custody of your money.
We do not sell, install or service lock or gate hardware. Integrations communicate with third-party hardware through the vendor's API. Physical security of your facility is yours.
We are not an accountant or tax adviser. Reports are a convenience; you remain responsible for your books and your tax filings, including any sales tax on storage rental.

5. Subscriptions, fees and renewal

5.1 Fees

Fees are per Location per month as shown on our pricing page or in your order form, plus any one-time setup and migration fee and any add-ons you select. All fees are in US dollars unless agreed otherwise, and are exclusive of taxes.

5.2 Billing cycle and renewal

Monthly subscriptions are charged in advance on the same day each month and renew automatically until cancelled.
Annual subscriptions are charged in advance for twelve months and renew automatically unless cancelled at least 7 days before the renewal date.
Adding a Location during a period is prorated. Removing a Location takes effect at the end of the current period.

5.3 Cancellation and refunds

You may cancel a monthly subscription at any time from inside the Service. Cancellation takes effect at the end of the paid period; you keep access until then and are not charged again.
Monthly fees already paid are not refunded on a pro-rata basis.
Annual fees are not refundable mid-term, except where required by law or where we terminate for our own convenience under section 19, in which case we refund the unused portion.
Setup and migration fees are not refundable once migration work has begun.
Where a consumer statutory right of withdrawal applies, it prevails over this section.

5.4 Taxes, late payment and price changes

You are responsible for sales, use, VAT, GST and similar taxes, excluding taxes on our income. If we are required to collect them, they will be added to your invoice.
If a payment fails we will retry and notify you. Amounts more than 15 days overdue may accrue interest at 1.5% per month or the maximum permitted by law, whichever is lower, and we may suspend the account under section 20.
We may change prices for a renewal term with at least 30 days' notice by email. If you do not accept the change, cancel before it takes effect. Founding Operator pricing is exempt as described in section 7.

6. Payment processing

Card and bank payments are processed by Stripe, Inc. and its affiliates. To collect rent through the Service you must open and maintain a Stripe account and accept the Stripe Services Agreement. Stripe's fees are charged by Stripe, are separate from our fees, and vary by country and payment method.

Funds from your Tenants settle into your Stripe account, not ours. We instruct charges; we do not hold the money.
You are responsible for chargebacks, refunds and disputes with your Tenants, and for any negative balance in your Stripe account.
Stripe may verify your identity and business, may request documentation, and may restrict or terminate your Stripe account under its own terms. If that happens, automatic rent collection stops working through no fault of ours.
We never receive or store full card numbers.

7. Founding Operator and promotional terms

Founding Operator places are limited and offered at our discretion. If you are accepted:

The stated rate applies to each Location you operate for as long as your subscription remains continuously active and in good standing.
The setup and migration fee is waived.
You agree to take part in periodic feedback calls. Feedback is governed by section 12.
If you cancel and later return, standard pricing applies.
We may make reasonable use of your facility name and city as a customer reference only with your prior written consent, which you may withdraw at any time.

8. Your data

You own Customer Data. Nothing in this Agreement transfers ownership to us.
You grant us a worldwide, non-exclusive, royalty-free licence to host, copy, transmit, display and process Customer Data solely to provide, secure and support the Service, and to comply with law.
Where Customer Data contains personal information, we act as processor and you as controller, under the Data Processing Addendum, which forms part of this Agreement.
We do not use Customer Data to train generative AI models, and we do not sell it.
We may generate aggregated, de-identified statistics that cannot reasonably identify you, your facility or any Tenant, and use them to operate and improve the Service and to publish industry benchmarks.
You can export units, tenants and payment history to CSV at any time from inside the Service, including after cancellation, for the period described in section 19.
You are responsible for the accuracy and legality of Customer Data, and for having the right to provide it to us, including any tenant identity documents you upload.

9. Your responsibilities as an Operator

Because the Service touches money, contracts and access to physical property, you agree to:

Comply with all laws that apply to your facility, including self-storage lien and auction statutes, consumer protection, electronic signature, debt collection, telemarketing and messaging rules, tenancy law and data protection law.
Provide your Tenants with your own rental agreement, privacy notice and fee disclosures, and obtain the consents that your jurisdiction requires, particularly for automated recurring charges, SMS messaging and identity document collection.
Review and approve any lease template, dunning sequence, late-fee schedule or automated access suspension before you enable it. Automation acts on your instructions.
Keep your own independent records. Do not rely on the Service as your only copy of anything you are legally required to retain.
Not use automated access suspension in a way that denies a Tenant access to their property unlawfully.
Supervise your Users and remove access promptly when someone leaves.

10. Acceptable use

Your use of the Service is subject to the Acceptable Use Policy, which is incorporated here. In summary: do not break the law with it, do not attack or overload it, do not resell it as your own, do not attempt to access another customer's data, and do not use it to harass anyone.

11. Intellectual property

We own the Service, including all software, design, interfaces, documentation, trademarks and the Westorably name and logo. Subject to this Agreement and payment of fees, we grant you a limited, non-exclusive, non-transferable, revocable right to access and use the Service for your own internal business purposes during the Subscription Term.

You may not copy, modify, translate, reverse engineer, decompile, or create derivative works of the Service; rent, lease, sublicense or resell it; remove proprietary notices; use it to build a competing product; or scrape it by automated means outside our documented API.

12. Feedback

If you send us ideas, suggestions or feature requests, you grant us an unrestricted, perpetual, irrevocable, royalty-free right to use them for any purpose without obligation or compensation. We will not identify you as the source without your permission.

13. Third-party services and hardware

The Service integrates with third parties including Stripe, email and SMS providers, and smart lock and gate vendors such as Noke, Janus, PTI and OpenTech. Those services are governed by their own terms and privacy policies. We do not control them, do not guarantee their availability or accuracy, and are not liable for their acts or omissions. If a third party changes or withdraws an API, the corresponding feature may change or stop working, and we will tell you as soon as we reasonably can. All third-party names are trademarks of their respective owners; their use does not imply partnership or endorsement unless we say so explicitly.

14. Availability, maintenance and support

We aim for high availability but do not promise the Service will be uninterrupted or error-free.
We perform planned maintenance in low-traffic windows and give advance notice for anything expected to cause downtime.
Standard support is by email at hello@westorably.com, with a target first response by the next business day. Priority Support, where purchased, targets a response within two hours during published extended hours.
Response targets are goals, not guarantees, and do not create a service level agreement unless a separate written SLA is signed.

15. Confidentiality

Each party may receive non-public information from the other. The receiving party will protect it with at least reasonable care, use it only to perform under this Agreement, and disclose it only to personnel and advisers who need it and are bound by similar obligations. This does not apply to information that is public through no fault of the receiver, already known without restriction, independently developed, or lawfully received from a third party. Disclosure required by law is permitted, with prior notice where legally allowed.

16. Warranties and disclaimers

We warrant that we will provide the Service with reasonable skill and care and in a manner materially consistent with our documentation.

Except for that express warranty, and to the fullest extent permitted by law, the Service is provided “as is” and “as available”. We disclaim all other warranties, express, implied or statutory, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, and any warranty arising from course of dealing or usage of trade. We do not warrant that the Service will meet your requirements, be uninterrupted, secure or error-free, that defects will be corrected, or that any result obtained through the Service, including any report, calculation, lease document or legal notice, is accurate, complete or legally sufficient in your jurisdiction.

Some jurisdictions do not allow the exclusion of certain warranties, so parts of this section may not apply to you.

17. Indemnification

By you. You will defend, indemnify and hold harmless Westorably and its officers, employees and contractors from any third-party claim, and any resulting loss, damage, liability, cost and reasonable legal fees, arising from: (a) Customer Data or your use of it; (b) your breach of this Agreement or of the Acceptable Use Policy; (c) your rental relationship with a Tenant, including any lien, auction, eviction, access denial or fee dispute; (d) your violation of any law; or (e) a claim that your configuration of lease terms, notices or automated actions was unlawful.

By us. We will defend you against a third-party claim that the Service as provided by us infringes that party's intellectual property rights, and pay damages finally awarded or agreed in settlement, provided you notify us promptly, give us control of the defence and reasonably cooperate. This does not apply to claims arising from Customer Data, from your modification or misuse of the Service, or from combination with anything we did not supply. If the Service becomes, or we believe may become, subject to such a claim, we may procure the right to continue using it, modify it, or terminate the affected subscription and refund prepaid unused fees.

18. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary or punitive damages, or for lost profits, lost revenue, lost rent, lost business opportunity, loss of goodwill, or loss or corruption of data, even if advised of the possibility.

Each party's total aggregate liability arising out of or relating to this Agreement will not exceed the greater of (a) the total fees you paid to us in the twelve months immediately before the event giving rise to the claim, or (b) one hundred US dollars.

These limits do not apply to: your payment obligations; either party's indemnification obligations under section 17; a party's fraud, wilful misconduct or gross negligence; death or personal injury caused by negligence; or any liability that cannot be excluded or limited under applicable law.

You acknowledge that these limits are an essential basis of the bargain and that our pricing reflects them.

19. Term, termination and what happens to your data

This Agreement starts when you first use the Service and continues until all subscriptions have ended.
You may terminate at any time by cancelling every subscription, as described in section 5.3.
Either party may terminate for material breach if the breach is not cured within 30 days of written notice. We may terminate immediately for a breach of the Acceptable Use Policy, non-payment beyond 30 days, or a legal or sanctions requirement.
We may terminate for convenience with 60 days' notice, refunding any prepaid unused fees.
After termination your account is read-only and export remains available for 30 days. After that we delete Customer Data from live systems within a further 60 days, and it rotates out of backups within 35 days of deletion, unless we are legally required to retain it.
Sections 8, 11, 12, 15, 16, 17, 18, 22 and 23 survive termination.

20. Suspension

We may suspend all or part of the Service, with notice where practicable, if: fees are overdue; we reasonably believe use of the account threatens the security, integrity or availability of the Service or another customer; we are required to by law; or a breach of the Acceptable Use Policy is ongoing. We will restore access promptly once the cause is resolved. Suspension for non-payment does not relieve you of fees, and we will keep your data available for the retention periods in section 19.

21. Changes to the Service and to these Terms

We improve the Service continuously and may add, change or remove features. We will not materially reduce the core functionality of a paid subscription during a term without giving you notice and, if you object, a pro-rata refund of the unused portion.

We may update these Terms. For material changes we will give at least 30 days' notice by email or in-product notice. If you do not accept, cancel before the change takes effect; continued use after that date is acceptance. Non-material changes, such as clarifications, take effect when posted.

22. Governing law and dispute resolution

This Agreement is governed by the laws of [GOVERNING LAW, e.g. the State of Wyoming, USA], without regard to conflict-of-law rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

22.1 Talk to us first

Before starting formal proceedings, send a written description of the dispute to legal@westorably.com. Both parties agree to try in good faith to resolve it within 30 days.

22.2 Arbitration and class waiver

If that fails, any dispute will be resolved by final and binding individual arbitration administered by [ARBITRATION BODY] under its commercial rules, seated in [SEAT / CITY], in English, before a single arbitrator. Judgment on the award may be entered in any court of competent jurisdiction.

Disputes will be brought only in an individual capacity. Class, collective, consolidated and representative actions are waived. Either party may still bring an individual claim in small claims court, and either party may seek injunctive relief in court to protect intellectual property or confidential information.

22.3 Opt out

You may opt out of section 22.2 by emailing legal@westorably.com within 30 days of first accepting these Terms, stating your account name and that you opt out of arbitration. Opting out has no effect on your account or pricing. If you opt out, disputes go to the courts of [COURT VENUE], and both parties consent to that jurisdiction.

22.4 Consumers and non-US customers

Nothing in this section removes a mandatory right you have under the law of your country of residence, including the right to bring proceedings in your local courts where that right cannot be waived.

23. General

Entire agreement. This Agreement is the whole agreement between us on its subject and replaces earlier discussions. A signed order form takes precedence over these Terms where they conflict.
Assignment. You may not assign this Agreement without our written consent, except to a successor of your business that assumes it in full. We may assign it to an affiliate or in connection with a merger or sale of assets.
Severability. If a provision is unenforceable, it is modified to the minimum extent necessary and the rest remains in force.
No waiver. Not enforcing a right is not a waiver of it.
Notices. We send notices to the email on your account; you send notices to legal@westorably.com. Notices are effective when sent, unless a delivery failure is received.
Force majeure. Neither party is liable for failure caused by events beyond reasonable control, including outages at infrastructure or payment providers, natural disaster, war, labour action or government action. Payment obligations are not excused.
Independent contractors. No partnership, joint venture, agency or employment relationship is created.
No third-party beneficiaries, except that our affiliates and personnel may rely on sections 16, 17 and 18.
Export and sanctions. You will comply with applicable export control and sanctions laws.
Language. The English version of this Agreement controls. Translations are for convenience.

24. Contact

Legal and contractual: legal@westorably.com
Support: hello@westorably.com
Security: security@westorably.com
Postal: [REGISTERED ADDRESS]