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Terms of Service

Effective date: {{EFFECTIVE_DATE}}

These Terms of Service (the “Terms”) are a binding agreement between you and ByteButter, Inc., a Colorado corporation (“we”, “us” or “our”), and govern your access to and use of Storage Unit Planner, the website at storageunitplanner.com, and all related software, content and services (together, the “Service”).

Please read section 17 carefully. It requires you to resolve disputes with us through binding individual arbitration, waives your right to a jury trial and to participate in a class action, and explains how to opt out within 30 days.

1. Acceptance of these Terms

By creating an account, purchasing a subscription, or otherwise accessing or using the Service, you agree to these Terms, our Subscription Terms, Refund Policy, Acceptable Use Policy and Privacy Policy, each of which is incorporated by reference. If you do not agree, do not use the Service.

2. Eligibility

You must be at least 18 years old and able to form a binding contract to use the Service. The Service is offered to residents of the United States only. By using the Service you represent that you meet these requirements, that you are not barred from receiving services under applicable law, and that you are not located in, or a resident of, a country or region subject to comprehensive United States sanctions.

3. Your account

3.1 Sign in. You sign in with a one time link sent to the email address associated with your subscription. You are responsible for keeping access to that email account secure and for all activity that occurs under your account.

3.2 Personal use and device limit. Your subscription is for one individual. You may be signed in on up to 3 devices at a time. Signing in on an additional device may sign out the oldest session. We may suspend or terminate accounts that we reasonably believe are shared, resold or used by more than one person.

3.3 Accurate information. You agree to provide accurate information and to keep your email address current. Notify us promptly at support@storageunitplanner.com if you believe your account has been accessed without authorization.

4. Subscriptions, billing and cancellation

4.1 Paid service. Access to the planner requires a paid monthly subscription. The current price is $0.99 per month plus any applicable taxes, as shown on our pricing page at the time of purchase.

4.2 Automatic renewal. Your subscription renews automatically each month, and you authorize us (through our payment processor) to charge your payment method at the then current price until you cancel. The full terms of automatic renewal are in our Subscription Terms.

4.3 Cancellation. You may cancel at any time online from your account page by selecting Manage billing. Cancellation takes effect at the end of the current billing period, and you retain access until then.

4.4 Price changes. We may change the subscription price. We will notify you by email at least 30 days before a price increase takes effect, and the new price will apply from your next billing period after that notice. If you do not agree, you may cancel before the increase takes effect.

4.5 Failed payments. If a payment fails, we may retry the charge and may suspend access until payment succeeds.

4.6 Refunds. Except as required by law or stated in our Refund Policy, payments are non refundable and there are no refunds or credits for partial months.

4.7 Payment processing and seller of record. Subscriptions are sold through Stripe, Inc. (or its affiliate), which acts as the merchant of record (reseller) for your purchase. Stripe processes your payment, calculates and collects any applicable sales tax or VAT, and appears on your card statement. Your purchase is also subject to the Stripe terms presented at checkout. We do not receive or store your full card number. We remain responsible for providing the Service.

5. License to use the Service

Subject to your compliance with these Terms and payment of all applicable fees, we grant you a limited, revocable, non exclusive, non transferable, non sublicensable license to access and use the Service through a supported web browser for your own personal, non commercial planning purposes during your active subscription.

6. Restrictions

You agree that you will not, and will not help or permit anyone else to:

• (a) copy, modify, translate or create derivative works of the Service or any part of it;
• (b) reverse engineer, decompile, disassemble, deobfuscate, decrypt or otherwise attempt to derive the source code, algorithms or structure of the Service, except to the limited extent applicable law expressly permits despite this restriction;
• (c) bypass, disable, remove or interfere with any paywall, license check, entitlement check, session or device limit, watermark, obfuscation, rate limit, access control or other technical protection measure;
• (d) save, extract, host, mirror, redistribute, sell, lease, sublicense or otherwise make available the Service’s application code, or run it outside the official website;
• (e) share your account, sign in links or session with anyone else, or use another person’s account;
• (f) access the Service using bots, scrapers, crawlers or other automated means, or scrape, harvest or collect content or data from it, except that public search engines may index our public pages in line with our robots.txt file;
• (g) use the Service to build a competing product or service, or for benchmarking published without our written consent;
• (h) probe, scan or test the vulnerability of the Service without our written permission, other than through our published security disclosure process;
• (i) interfere with or disrupt the integrity or performance of the Service or its infrastructure;
• (j) remove or alter any proprietary notices; or
• (k) use the Service in violation of the Acceptable Use Policy or any applicable law.

Any use not expressly permitted by these Terms is prohibited and may infringe our intellectual property rights.

7. Your layouts and content

7.1 Stored on your device. Layouts, item names and other information you enter into the planner (“Your Content”) are stored in your browser on your device. They are not uploaded to our servers. You own Your Content.

7.2 Your responsibility to back up. Clearing your browser data, using a private window, changing browsers or devices, or a browser malfunction can permanently delete Your Content. You are solely responsible for exporting and backing up Your Content. We are not responsible for any loss of Your Content.

7.3 Your representations. You are responsible for Your Content and represent that you have the rights needed to use it.

8. Planning estimates only: no professional advice

The Service is a visual planning aid that produces estimates. You understand and agree that:

• (a) catalog dimensions are typical values for common items, not measurements of your belongings;
• (b) the Service models every item as a rectangular box and does not account for irregular shapes, door and hallway clearances, ceiling obstructions, packing materials, weight, load limits, structural capacity, or the condition of your items;
• (c) fit verdicts, warnings, capacity percentages and 3D views are approximations and may be wrong;
• (d) you must measure your items, the storage unit, its ceiling and its door yourself and independently verify any plan before relying on it; and
• (e) the Service is not moving, engineering, safety, financial or legal advice.

You are solely responsible for your decisions about which storage unit to rent, how to pack and stack your belongings, and how to move them. We are not responsible for any rental, moving, truck, labor or storage costs, or for any damage to property, personal injury, or loss arising from how you pack, stack, move or store items, whether or not you relied on the Service.

9. Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY. WE DISCLAIM ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, THAT RESULTS WILL BE ACCURATE OR RELIABLE, THAT YOUR ITEMS WILL FIT IN ANY STORAGE UNIT, OR THAT DEFECTS WILL BE CORRECTED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THESE EXCLUSIONS MAY NOT APPLY TO YOU.

10. Limitation of liability

10.1 TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL WE, OUR AFFILIATES, OR OUR OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR USE, PROPERTY DAMAGE, OR COSTS OF SUBSTITUTE SERVICES, STORAGE OR MOVING, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

10.2 TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

10.3 These limitations apply even if a remedy fails of its essential purpose, and they reflect an essential basis of the bargain between you and us. Some jurisdictions do not allow certain limitations of liability, so some of these limitations may not apply to you. Nothing in these Terms limits liability that cannot be limited under applicable law.

11. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless us and our affiliates, officers, directors, employees, contractors and agents from and against any claims, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use or misuse of the Service; (b) your violation of these Terms or any law; (c) Your Content; (d) any decision you made or action you took based on the Service, including how you packed, stacked, moved or stored property; or (e) your violation of any third party’s rights. We may assume exclusive control of the defense of any matter subject to indemnification, and you agree to cooperate with our defense.

12. Intellectual property

The Service, including its software, code, design, text, graphics, catalog data and trademarks, is owned by us or our licensors and protected by copyright, trademark, trade secret and other laws. Except for the limited license in section 5, no rights are granted to you. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty free, worldwide license to use them for any purpose without obligation to you.

13. Copyright complaints (DMCA)

If you believe material available through the Service infringes your copyright, send a notice to our designated agent at support@storageunitplanner.com or {{COMPANY_ADDRESS}} that includes: your physical or electronic signature; identification of the copyrighted work; identification of the allegedly infringing material and where it is located; your contact information; a statement that you have a good faith belief the use is not authorized by the copyright owner, its agent or the law; and a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act on the owner’s behalf. We may terminate the accounts of repeat infringers.

14. Third party services

The Service relies on third party services, including payment processing, email delivery, hosting, content delivery, bot protection and analytics. Your use of those services may be subject to their terms. We are not responsible for third party services, and their unavailability may affect the Service.

15. Changes to the Service

We may add, change, suspend or discontinue any part of the Service at any time. If we permanently discontinue the Service, we will give you reasonable notice where practicable so you can export Your Content, and we will refund any prepaid fees for the unused portion of your current billing period.

16. Suspension and termination

16.1 By you. You may stop using the Service and cancel your subscription at any time as described in section 4.

16.2 By us. We may suspend or terminate your access immediately, without notice or refund, if we reasonably believe you have violated these Terms (including sections 3.2 and 6), if required by law, or to protect the Service, our users or third parties. We may also terminate for convenience on 30 days’ notice, with a pro rata refund of any prepaid fees for the unused period.

16.3 Effect. On termination your license ends and you must stop using the Service. Sections 6 through 13 and 17 through 22, and any other provisions that by their nature should survive, survive termination.

17. Dispute resolution: binding arbitration and class action waiver

17.1 Informal resolution first. Before starting arbitration or a small claims case, you and we each agree to try to resolve the dispute informally for at least 60 days after one of us sends the other a written notice describing the dispute and the relief requested. Notices to us go to support@storageunitplanner.com and {{COMPANY_ADDRESS}}.

17.2 Agreement to arbitrate. Except as provided in sections 17.5 and 17.6, you and we agree that any dispute, claim or controversy arising out of or relating to these Terms or the Service, including questions of arbitrability, will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its rules for consumer disputes then in effect. The Federal Arbitration Act governs the interpretation and enforcement of this section.

17.3 Arbitration procedure. The arbitration will be conducted by a single arbitrator, in English, by video conference or written submissions unless the arbitrator decides an in person hearing is necessary, in which case it will take place in the county where you live. The arbitrator may award the same individual relief a court could award, but only in favor of the individual party seeking relief and only to the extent necessary to provide relief for that party’s individual claim. Payment of filing, administration and arbitrator fees will be governed by the provider’s rules, and we will pay any amount those rules require a business to pay.

17.4 Class action and jury trial waiver. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED OR REPRESENTATIVE PROCEEDING. YOU AND WE EACH WAIVE THE RIGHT TO A TRIAL BY JURY. The arbitrator may not consolidate more than one person’s claims or preside over any form of representative or class proceeding. If this section 17.4 is found unenforceable as to a particular claim or request for relief, that claim or request (and only that one) must be severed and decided in court after all arbitrable claims are resolved.

17.5 Small claims. Either party may instead bring an individual action in small claims court for disputes within that court’s jurisdiction.

17.6 Intellectual property and injunctive relief. Either party may bring an action in court to protect its intellectual property rights or to seek temporary or preliminary injunctive relief to stop unauthorized use or abuse of the Service, including violations of section 6.

17.7 Mass arbitration. If 25 or more similar demands for arbitration are filed against us by or with the help of the same or coordinated counsel, the demands will be administered in batches of up to 25 demands each, with one batch proceeding to completion before the next batch is filed or administered, to the extent permitted by the provider’s rules. You and we agree to cooperate in good faith to implement this batching, and the statute of limitations for each claim is tolled while it waits in a batch.

17.8 30 day right to opt out. You may opt out of this agreement to arbitrate by emailing support@storageunitplanner.com within 30 days after you first accept these Terms, with the subject line “Arbitration Opt Out” and your name and the email address on your account. Opting out does not affect any other part of these Terms.

17.9 Changes to this section. If we change this section after you accept these Terms, you may reject the change by emailing us within 30 days of the change, in which case the version of this section you previously accepted continues to apply.

18. Governing law and venue

These Terms are governed by the laws of the State of Colorado, without regard to its conflict of laws rules, and by the Federal Arbitration Act. For any dispute not subject to arbitration, you and we consent to the exclusive jurisdiction of the state and federal courts located in Colorado.

19. Export controls

You may not use, export or re export the Service in violation of United States export control and sanctions laws.

20. Changes to these Terms

We may update these Terms from time to time. If we make a material change, we will notify you by email or by a notice in the Service at least 30 days before it takes effect, except where a change is required by law or addresses new functionality or security, in which case it takes effect immediately. Continuing to use the Service after a change takes effect means you accept the updated Terms. If you do not agree, cancel your subscription before the change takes effect.

21. General

21.1 Entire agreement. These Terms, together with the documents incorporated by reference, are the entire agreement between you and us about the Service and supersede all prior agreements on that subject.

21.2 Severability. If any provision is held unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions remain in full force, except as stated in section 17.4.

21.3 No waiver. Our failure to enforce a provision is not a waiver of our right to do so later.

21.4 Assignment. You may not assign or transfer these Terms without our written consent. We may assign them in connection with a merger, acquisition, reorganization or sale of assets, or by operation of law.

21.5 Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control, including outages of third party services.

21.6 Notices. We may send you notices by email to the address associated with your account. You may send notices to us at support@storageunitplanner.com.

21.7 Relationship. Nothing in these Terms creates a partnership, joint venture, employment or agency relationship.

21.8 Headings. Headings are for convenience only and do not affect interpretation. “Including” means “including without limitation”.

22. Contact

ByteButter, Inc.
{{COMPANY_ADDRESS}}
support@storageunitplanner.com