Last update: March 10th, 2022
These SpaceiShare Terms and Conditions (the “Terms”) apply to your access to and use of the www.spaceishare.com website (the “Site”), the SpaceiShare mobile application (the “App”) and other SpaceiShare services (collectively, the “Services”) provided by SpaceiShare, Inc. (“SpaceiShare”, “we”, “us” or “our”).
Prior to engaging the Services, Hosts should understand how rental laws work in their respective cities. Some city by-laws restrict the ability to host paying renters for short periods of time. It is a Host’s sole responsibility to review all applicable laws and the restrictions of their insurance policies before listing a Space on SpaceiShare.
By clicking “I ACCEPT,” creating an account or by otherwise using our services, you agree to these Terms, including the mandatory arbitration provision and class action waiver in Section 19. If you do not agree to these Terms, do not use our Services.
We provide our Services through the SpaceiShare Site and App, which provide a platform for Hosts to post Listings and quote fees for available rental Space for Parking, storage of Stored Goods, Events, Office and Sublets and for Renters to learn about and Book Spaces directly with a Host under a separate Rental Agreement between the Host and the Renter.
SpaceiShare is not an owner or operator of Spaces and is not a Host, Renter, rental agent or real estate broker. We do not own, sell, resell, furnish, provide, rent, sublease, store, manage or control Spaces. Our responsibilities are limited to the following: (i) providing the Services to facilitate advertising of available Space on behalf of Hosts on the Site or the App; and (ii) serving as the limited agent of each Host for the purpose of accepting payments from Rents on behalf of the Host. As a convenience, SpaceiShare provides template Rental Agreements which may be used by the Host and Renter at their own risk. SpaceiShare makes no representations about any template Rental Agreements it provides and any such Rental Agreements should not be used as a substitute for legal advice. The terms of an executed Rental Agreement are in addition to the Terms and where there are inconsistencies between these agreements, the terms of the Rental Agreement will apply.
We provide the Services and content therein to you for the Purpose only and are not a substitute for professional or legal advice, personal assessment or evaluation. You should not rely on the Services as the sole basis for making or completing any decision in connection with any Space or Listing. SpaceiShare does not recommend or endorse any specific Host, Renter or Listing.
YOU UNDERSTAND AND AGREE THAT SPACEISHARE IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN HOSTS AND RENTERS, AND SPACEISHARE HAS NO CONTROL OVER THE CONDUCT OF HOSTS, RENTER, OR OTHER USERS OF THE SERVICES OR ANY SPACE AND DISCLAIMS ALL LIABILITY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You must be at least eighteen (18) years old to use our Services. Use of the services by persons under 18 years old is expressly prohibited. You may view Listings as an unregistered User to the Site. To create a Listing or Book a Space, you must first create a SpaceiShare Account and register to become a Member. Both unregistered Users and Members are bound by these Terms.
In order to access certain features of the Services, including creating Listings and Booking Spaces, you must register to create a SpaceiShare Account and become a Member. You may not register for more than one SpaceiShare Account or register a SpaceiShare Account on behalf another person unless are acting as the authorized agent or a business or corporate entity.
When registering your SpaceiShare Account, you must provide accurate, current and complete information and update such information to keep it accurate, current and complete. SpaceiShare reserves the right to suspend or terminate your SpaceiShare Account and your access to the Services if any information provided during registration or thereafter proves to be inaccurate, fraudulent, outdated or incomplete.
FOR YOUR PROTECTION, SPACEISHARE RESERVES THE RIGHT TO VERIFY YOUR IDENTITY THROUGH BACKGROUND CHECKS AND OTHER IDENTITY VERIFICATION SERVICES. When you register to create a SpaceiShare Account, we may verify your identity using an identity verification service that will require you to provide your legal name, date of birth, home and/or work address, IP address, and/or phone number.
While you may choose an available username during registration, we reserve the right to reclaim usernames of SpaceiShare Accounts, including on behalf of businesses or individuals that hold legal claim, including trademark rights, in those usernames.
You may login to your SpaceiShare Account using your login credentials created during registration or you may log in through certain Social Media accounts (including, but not limited to, Facebook, Google and LinkedIn).
You may choose to link your SpaceiShare Account with Social Media accounts by either logging in to your Social Media Account through the Site or App or allowing SpaceiShare to access your Social Media Account, as permitted under the applicable terms and conditions that govern your use of the Social Media account. You represent that you are entitled to disclose your Social Media credentials to SpaceiShare without breach of any terms and conditions that govern your use of such Social Media and without obligating SpaceiShare to pay any fees or usage restrictions by such third-party providers.
SpaceiShare will access, make available and store (if applicable) your Social Media Content via your SpaceiShare Account. Your Social Media Content will be considered Member Content. Depending on your privacy settings and the Social Media Accounts you choose to link to your SpaceiShare Account, the Personal Information you post to your Social Media accounts will be available on and through your SpaceiShare Account on the Site and App.
Please note that your relationship with the third-parties that provide your Social Media account(s) are governed solely by your agreement(s) with such third-parties. SpaceiShare makes no effort to review any Social Media Content for any purpose, including but not limited to, accuracy, legality or non-infringement and SpaceiShare is not responsible for any Social Media Content.
If a Social Media account or associated third-party service becomes unavailable or SpaceiShare’s access to such Social Media account is terminated by the third-party, the Social Media content will no longer be available on and through the Site and App. You have the ability to disable the connection between your SpaceiShare Account and your Social Media accounts, at any time, by accessing the “Settings” section of your SpaceiShare Account.
You are responsible for safeguarding your username and password. You may not disclose your password to any third party and are solely responsible for any activities in connection with your SpaceiShare Account, whether or not you have authorized such activities. You will immediately notify us of any unauthorized use of your SpaceiShare Account.
When you create a SpaceiShare Account, we may use the contact information you provide to communicate with you for the purposes of sharing information and developing our relationship with you.
You may cancel your SpaceiShare Account at any time via the “Cancel Account” feature of the Services or my sending an email to [email protected]. If you do not reactivate your account within 3 months, we may permanently delete your account. We may, however, retain certain information, such as reviews Feedback, and your previous transactions for audit purposes, to ensure the integrity of our data, and to fulfill legal requirements.
Account Suspension, Deactivation or Termination
We may, in our sole discretion, with or without cause, and without prior notice, at any time terminate your access to our Services and/or deactivate or cancel your SpaceiShare Account if we determine that you are in breach of these Terms. Upon termination we will promptly pay you any amounts we reasonable determine that we owe you, including all amounts are legally obligated to pay you. In the event that SpaceiShare terminates your access to the Services or deactivates or cancels your SpaceiShare Account, you will remain liable for all amounts you owe to us.
If we suspend, deactivate or terminate your SpaceiShare Account, any of the following may occur, with or without prior notice or explanation: (i) your SpaceiShare password will be disabled and you will not be able to access the Site, App or your SpaceiShare Account and any content therein, or receive assistance from SpaceiShare customer service; (ii) any pending or accepted further Bookings as either Host or Renter will be immediately terminated; (iii) we may communicate to your Host(s) or Renter(s), as applicable, that a potential or Confirmed Booking has been cancelled; (iv) where a Host’s account is terminated, we may (a) refund a Renter in full for any and all Confirmed Bookings, regardless of pre-existing cancellation policies; and (b) contact a Renter to inform them of potential alternative Space with other Hosts; (v) where a Renter’s account is terminated, the Renter shall have four (4) weeks to remove any Stored Goods from the Space, during which time, Rental Fees shall continue to accrue; and (vi) neither Hosts nor Renters will be entitled to any compensation or reimbursement of an Rental fees due to Host or paid by Renter prior to that Host or Renter’s suspension, deactivation or termination of their SpaceiShare Account.
Our Services may allow you and other Users, to create, post, store and share Member Content, including Space Listings, reviews, messages, and other materials on the SpaceiShare Site and App. You grant SpaceiShare a nonexclusive, royalty-free, worldwide, fully paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your Member Content and any name, username or likeness provided in connection with your Member Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share Member Content on or through our Services, you understand that your Member Content and any associated information (such as your username or profile photo) may be visible to others.
You acknowledge and agree that you are solely responsible for all Member Contact you make available through the Services. You represent and warrant you are either the sole and exclusive owner of all Member Content that you make available through the Services or you have all rights, licenses, consents and releases that are necessary to grant to SpaceiShare the rights in such Member Content, as contemplated under these Terms.
You may access and use Member Content only in accordance with the Purpose, these Terms and applicable law.
Prohibited Conduct and Content
You will not violate any applicable laws, rules, regulations, tax obligations, contract, intellectual property right or other third party right or commit a tort, and you are solely responsible for your conduct and use of the Services. In connection with the Services, you will not:
SpaceiShare reserves the right to investigate and prosecute violations to the fullest extent of the law.
Ownership; Limited License
The Services, including the text, graphics, images, photographs, videos, illustrations and other SpaceiShare Content contained therein, are owned by SpaceiShare or our licensors and are protected under both United States and Canadian laws. Except as explicitly stated in these Terms, all rights in and to the Services and SpaceiShare Content are reserved by us or our licensors.
Subject to your compliance with these Terms, SpaceiShare hereby grants you a non-exclusive, non-transferable, revocable, limited license to access and use the Services and SpaceiShare Content solely for the Purpose, and use, display and download the SpaceiShare Content solely for the Purpose.
This license is subject to the following requirements and restrictions: (i) you must retain, on all copies of the SpaceiShare Content downloaded or copied, all copyright and other proprietary notices; (ii) you may not modify the SpaceiShare Content in any way or reproduce or publicly display, perform distribute or otherwise use it for any public purpose; (iii) you may not transfer the SpaceiShare Content to any other person without SpaceiShare’s prior express written consent, which is not herein granted; (iv) you may not print or copy of the HTML or other computer programs that are viewable on the Site; and (v) you may not engage in any Prohibited Activities as they relate to the Services or SpaceiShare Content.
THE SPACEISHARE CONTENT MAY ONLY BE PRINTED, COPIED OR SAVED ONTO YOUR OWN COMPUTER FOR THE PURPOSE. USING THE SPACEISHARE CONTENT FOR ANY OTHER PURPOSE, INCLUDING ANY COMMERCIAL OR ADVERTISING PURPOSES, IS PROHIBITED.
We respect copyright law and expect our Users to do the same. It is our policy to terminate, in appropriate circumstances, the SpaceiShare Accounts of Members who infringe or are believed to be infringing the intellectual property rights of others.
Repeat Infringer Policy; Copyright Complaints
In accordance with the Digital Millennium Copyright Act and other applicable law, we have adopted a policy of terminating, in appropriate circumstances, the accounts of users who repeatedly infringe the intellectual property rights of others. If you believe that anything on our Services infringes any copyright that you own or control, you may notify SpaceiShare’s designated agent as follows:
Please see 17 U.S.C. § 512(c)(3) for the requirements of a proper notification. Also, please note that if you knowingly misrepresent that any activity or material on our Services is infringing, you may be liable to SpaceiShare for certain costs and damages.
All trademarks, service marks, logos, trade names, any other proprietary designations of SpaceiShare used on the Site and App and the look and feel of our Services are trademarks of SpaceiShare and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective owners.
We welcome and encourage your comments, suggestions for improvements to the Services, and other Feedback. You may submit Feedback by emailing us at [email protected].
You understand that all Feedback you submit to us will be the sole property of SpaceiShare and you hereby irrevocably assign to SpaceiShare all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist us to acquire, perfect, and maintain our intellectual property rights and other legal protections for the Feedback.
We may use such Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you, including to develop, copy, publish, or improve the Feedback in SpaceiShare’s sole discretion. You understand that SpaceiShare may treat Feedback as nonconfidential.
As a Host, you are responsible for:
As a Host, you acknowledge, agree and, where applicable, warrant and represent that:
To create a public Listing on the Site or App, a Host must access the “Add Listing” tab on the Site or App, complete the form, provide the location and a description of the Space being offered, and add any applicable conditions and restrictions that must be met by a Member who is eligible to submit a Booking Request. As a Host, you accept that SpaceiShare will collect funds on your behalf in order to receive your Host Payment from a booked Listing.
The description of the Space may include text, graphics, pictures and other relevant content and should include details like the location, capacity, size, features, availability of the Space and pricing. All descriptions and information must be accurate, complete, up-to-date and truthful to the best of your knowledge and belief. Examples of conditions and restrictions include, but are not limited to, requiring Members to have a profile picture, connected Facebook account or other Social Media account or verified phone number, or to pay a Security Deposit in order to book your Space. Any Member wishing to book Space included in a Listing with such requirements must meet these requirements before the reservation of the Space can be confirmed.
As a Host, you understand and agree that once a Member submits a Booking Request for your Space, the price for such booking may not be altered. In the event that the Space becomes unavailable for rent for any reason after posting a Listing, you agree to remove or suspend the Listing as soon as reasonably practicable.
SpaceiShare reserves the right, in its sole discretion, to charge a Listing Fee in the future for the advertisement of Listings on the Site and App. SpaceiShare will provide notice of any Listing Fee collection via email or posting to the Site and App prior to implementing such a fee.
Responsibility for Listings
As a Host, you acknowledge and agree that you are solely responsible for each and every Listing you post. Accordingly, you represent and warrant that any Listing you post and the booking of, or Renter’s use of, a Space in your Listing (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, tax requirements, and rules and regulations that may apply to any Space advertised in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties; and (b) not conflict with the rights of third parties. Please note that SpaceiShare assumes no responsibility for a Host’s compliance with any applicable laws, rules and regulations. SpaceiShare reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that SpaceiShare, in its sole discretion, considers to be objectionable for any reason, to be in violation of these Terms, or to be otherwise harmful to the Services.
SpaceiShare may offer Hosts the option of having photographers take photographs of their Space. If you, as a Host, choose to have a photographer photograph your Space, the photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words “SpaceiShare.com Verified Image” or similar wording. You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing. All images, materials and content created by these photographers, including Verified Images, constitute SpaceiShare Content, regardless of whether you include them in your Listing. You agree that SpaceiShare may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation. You understand that Verified Images are intended only to indicate a photographic representation of the Space.
As a Host, you will have thirty-six (36) hours after submission of a Booking Request to confirm or decline a request for your Space. When a Booking Request is received from a Listing on the Site or App, SpaceiShare will share certain Personal Information of the requesting Member with you, including: (i) the first and last name of the Member, (ii) the phone number, postal address, and email address associated with the Member’s SpaceiShare Account; (iii) a link to the Member’s SpaceiShare Account profile page, and (iv) if the Member has connected their SpaceiShare accounts to a Social Media account, the names of any mutual “friends” associated on the Members Social Media account.
If you are unable to confirm or decide to reject a Booking Request within thirty-six (36) hours, any amounts collected or pre-authorized by SpaceiShare for the Booking Request will be refunded to the applicable Renter. When you confirm a Booking Request, SpaceiShare will send you an email, text message or message via the App confirming such booking, depending on the selections you make through the Site or App.
Host Suspicion of Prohibited Items and Activities
IF A HOST REASONABLY SUSPECTS A RENTER MAY BE IN BREACH OF THE PROHIBITIONS UNDER THESE TERMS, OR ENGAGED IN OTHER ILLEGAL ACTIVITIES, THE HOST SHALL NOTIFY SPACEISHARE AND WILL CONTACT THE RELEVANT AUTHORITIES AT THE EARLIEST OPPORTUNITY AND PROVIDE FULL ACCESS TO THE SPACE WITHOUT NOTICE TO THE RENTER OR THE RENTER’S CONSENT.
As a Host, you are responsible for the Space and must hold comprehensive home or renter’s insurance, as applicable, for all Spaces in Listings. SpaceiShare recommends that you review and confirm with your insurance provider the extent of your coverage for the contemplated use of the Space. As a Host, you should verify you understand any exclusions to your policy and deductibles that may apply, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Renters and Renters’ Invitees while at the Space or on the Premises.
As a Host, you assume all risk in relation to the loss or damage to the Stored Goods stored in the Space caused by your own acts or omissions and will file a claim with your own insurance provider first, to cover the cost of loss or damage to the Stored Goods before you seek claims through the SpaceiShare policy.
As a Host, you are responsible for your acts and omissions and the acts and omissions of any individuals who accompany you or visit a Space or the Premises at your request or invitation, excluding the Renter (and the Renter’s Invitees, if applicable.
As a Renter, you are responsible for:
As a Renter, you acknowledge, agree and, where applicable, warrant and represent that:
Booking a Space
In order to establish a booking, pending the applicable Host’s approval, you understand and agree that SpaceiShare, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a payment pre-authorization for the Rental Fee or (ii) charge you a nominal amount, not to exceed one U.S. Dollar (USD$1) to verify your method of payment through our payment processor.
When you submit a Booking Request, SpaceiShare will share certain information with the Host during the confirmation process, including your full name, phone number, postal address, and email address associated with your SpaceiShare Account.
Once a Host approves a Booking Request, we will provide a template Rental Agreement to the Host and Renter via email for review and signature. A Rental Agreement will outline the terms for the use of the rented Space and may include a Host’s specific rules and restrictions for use of the Space. Note that the Rental Agreement is between a Host and a Renter and SpaceiShare and will be used for legal and insurance purposes where necessary.
In the event that you and the Host do not enter into a Rental Agreement, any pre-authorization or payment made will be cancelled or refunded to you, as applicable. Please note that a Booking Request cannot be confirmed earlier than three months prior to the Occupancy Start Date.
If applicable through your Rental Agreement with the Host, you also authorize SpaceiShare to charge a Security Deposit through our payment processor in the event of damage or loss of property (i.e. key/FOB) caused at a Space. SpaceiShare cannot control any fees that may be charged to you by your own bank or credit card company for using our payment provider and we disclaims all liability in this regard.
SPACEISHARE CANNOT AND DOES NOT CONTROL THE CONTENT OF ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY SPACE FOR A RENTER’S PURPOSE. SPACEISHARE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND ACCOMMODATIONS. ACCORDINGLY, ANY BOOKINGS WILL BE MADE OR ACCEPTED AT YOUR OWN RISK.
Accessing a Space
A Host can provide a Renter two types of access to a rented Space: (a) Full Private Access, or (b) Partial Access.
Where Full Private Access is provided, the Renter has unsupervised access to the Space and is responsible for securing the Space as instructed by the Host. Where a Renter has Partial Access to a Space, the Renter must be accompanied by the Host when accessing a Space and must give prior notice to a Host when the Renter wishes to access the Space. In either case, the Listing will outline the times that the Renter may access the Space and the type of access provided. Renter must contact Host at least twenty-four (24) hours in advance to request access unless otherwise specified in the applicable Rental Agreement.
If you encounter anyone in the Space or on the Premises who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent, sexually inappropriate or otherwise disturbing behavior, or (ii) you suspect of stealing from you, you should report such person to the appropriate authorities immediately. You should also alert SpaceiShare about the incident and provide us the police station and report number (if applicable), provided that you understand SpaceiShare is not obligated to take any additional action, beyond that required by law, and will not incur any liability as a result.
Prohibited Items and Activities; Permission to Enter Space
AS A RENTER, YOU AGREE TO USE THE SPACE ONLY FOR THE PURPOSE OUTLINED IN THE APPLICABLE RENTAL AGREEMENT. USE OF THE SPACE FOR ANY OTHER PURPOSE INCLUDING, BUT NOT LIMITED TO ANY OF THE PROHIBITED ACTIVITIES (AS DEFINED HEREIN), OR STORAGE OF ANY PROHIBITED ITEMS (AS DEFINED HEREIN) IS STRICTLY PROHIBITED AND WILL RESULT IN IMMEDIATE CANCELLATION OF ANY RENTAL AGREEMENTS, TERMINATION OF THE SERVICES AND POSSIBLE FINES AND CHARGES. YOU PERMIT AND AGREE THAT THE HOST, SPACEISHARE, AND/OR ANY LAW ENFORCEMENT OR AUTHORITY MAY ENTER THE SPACE AT ANY TIME AND WITHOUT A WARRANT IF THERE IS A REASONABLE SUSPICION THAT YOU MAY BE IN BREACH OF THE PROHIBITIONS UNDER THESE TERMS, OR ENGAGED IN OTHER ILLEGAL ACTIVITIES.
Overstaying without Host's Consent
As a Renter, you are only permitted to access and use a Space for the duration of the applicable Rental Agreement, or as otherwise agreed to in writing between you and the Host. You agree to vacate the Space no later than the end date and time specified in the Rental Agreement, or such other time as mutually agreed upon between you and the Host. If you continue to occupy a Space beyond the term of the Rental Agreement without the Host’s consent, you acknowledge that the Host may charge you a Penalty Fee at a rate of up to double the pro-rated amount of the original Rental Fee for each 24-hour period that you overstay in the Space—plus all applicable Service Fees, taxes, and any legal expenses incurred by the Host and SpaceiShare. We will charge your SpaceiShare Account for all Penalty Fees owed to the Host.
Damage to Space
In the event that Host provides evidence, such as photographs, of damage to the Space or Premises, you agree to pay the reasonable cost to repair or replace the damage to the Space or Premises.
The Host will notify you and SpaceiShare of a claim for damages, including the cost or repair or replacement, as soon as the damage is brought to the Host’s attention. The notice will be delivered via the contact information you provided in your SpaceiShare Account. You will have forty-eight (48) hours after notice to respond to the claim.
In the event of a dispute over damages, you agree to participate in the dispute resolution process as outlined in Section 19 of these Terms.
As a Renter, you understand and agree that a Host may make a claim under your applicable insurance policy, including any homeowner’s renter’s or other insurance policy, related to any damage or loss that you may have caused or have responsible for causing on or to a Space or Premise for any personal or other property located at or in a Space (including without limitation amounts paid by SpaceiShare under SpaceiShare Assurance up to $25,000).
You agree to cooperate with and assist the Host and SpaceiShare in good faith and to provide Host and SpaceiShare with such information as Host and/or SpaceiShare may reasonably request, in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Host and/or SpaceiShare may reasonably request to accomplish this matter.
As a Renter, you assume all risk and liability for your acts and omissions and the acts and omission of any individuals who enter the Space or the Premises at your direct or indirect invitation, including, but not limited to, your Invitees and will ensure that all such individuals comply with the Host’s rules and policies for the Space and any other rules in the applicable Rental Agreement.
HOST SHALL HAVE NO LIABILITY TO RENTER OR RENTER'S INVITEES FOR ANY PERSONAL OR BODILY INJURY EXCEPT IN THE EVENT OF HOST'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. RENTER HEREBY WAIVES AND DISCLAIMS ANY AND ALL CLAIMS OR CAUSES OF ACTION RENTER MAY HAVE AGAINST HOST, IN THE EVENT OF PERSONAL OR BODILY INJURY TO RENTER OR RENTER'S INVITEES, EXCEPT AS A RESULT OF HOST'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
As Renter, you will indemnify the Host and hold the Host harmless from any loss, damage, expense or claim arising from or relating to (i) your acts or omissions or the acts or omissions of your Invitees in the course of you or your Invitees’ use of the Space or the Premises; (ii) removal or forfeiture of property from a Space, for any reason, including the Renter’s breach of these Terms.
Through our payment processor, SpaceiShare is responsible for collecting, distributing and reimbursing any fees or payments in accordance with these Terms.
Fees and Payments
At the time a Host accepts a Confirmed Booking, SpaceiShare will collect the applicable Rental Fee from the Renter through our payment processor. We will release to Host Payment to the Host on the Occupancy Start Date or within a limited time afterwards once the Rental Agreement has been signed and confirmed. SpaceiShare will directly deposit the Host Payment, less the Space Fee and applicable Service Fees, into the Host’s account via Stripe or bank transfer, depending on the payment method chosen by the Renter.
Where applicable, taxes may also be charged in respect of the Space Fee and Rental Fee. Additional fees may also be charged for a Renter’s failure to vacate a Space in accordance with the applicable Rental Agreement.
If the Booking Period exceeds one (1) month, or if the one-month rental period is extended (by agreement between Renter and Host), Renters will be charged monthly Recurring Payments. SpaceiShare will collect the Rental Fee and initiate Host Payments to Host up to fifteen (15) business days after the first day of each month of the Booking Period.
If Recurring Payments apply to a Confirmed Booking, then the Renter authorizes SpaceiShare to collect the applicable fee amount through its Payment Processor on behalf of the Host and the Host agrees that SpaceiShare will initiate payouts to the Host, in the increments and at the frequency associated with the applicable Recurring Payments.
Stripe is SpaceiShare’s payment processor service provider. SpaceiShare uses Stripe to process transactions between Renters and Hosts
We will take steps to rectify any payment processing errors to the extent we are able that are brought to our attention. These steps may include crediting or debiting (as appropriate) the same payment method used for the original payout to or payment by you.
Cancellation Policy and Refunds
A Host must confirm a Booking Request within thirty-six (36) hours or the Booking Request will automatically be cancelled. If a Host chooses to accept the Booking Request, and certify a Confirmed Booking, the following cancellation policies apply.
Cancellation Prior to or Within the Cooling-Off Period
If a Renter cancels a Booking Request before a Host certifies a Confirmed Booking, SpaceiShare will cancel any pre-authorized payments and/or refund any nominal amounts charged to the Renter’s account in connection with the Booking Request within a commercially reasonable time.
If a Host or Renter cancels a Confirmed Booking within the Cooling-Off Period, SpaceiShare will refund the Rental Fees for the booking, less the Merchant Fee, to the Renter within a commercially reasonable time of the cancellation. If the Renter requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Renter’s Booking Request, then the Renter agrees to pay SpaceiShare the Rental Fees associated with the alternative Listing in accordance with these Terms.
Cancellation After the Cooling-Off Period Before Occupancy Start Date
Where a Renter cancels a Confirmed Booking outside the Cooling-Off Period, but before the Occupancy Start Date, a Host may select one of the following options as the cancellation policy for an applicable Rental Agreement:
Cancellation After Occupancy Date
Where a Renter cancels a Confirmed Booking outside the Cooling-Off Period, but before the Occupancy Start Date, a Host may select one of the following options as the cancellation policy for an applicable Rental Agreement:
Cancellation Notice Requirement
Subject to the below, if a Host or Renter cancels a Rental Agreement during the term of that agreement, that Host or Renter must provide four (4) weeks’ notice in writing to the other party using the contact information on the other party’s SpaceiShare Account
Where termination is initiated by a Renter, the Renter must notify a Host of the Renter’s intention to terminate the Rental Agreement. The Renter may elect to pay the Host a Renter Cancellation Fee, in lieu of the four-week notice requirement, equivalent to one and a half times (1.5x) the Rental Fee payable for such four (4) week period.
Where termination is initiated by a Host, the Host must notify a Renter of the Host’s intention to terminate the Rental Agreement. The Host may elect to pay the Renter a Host Cancellation Fee, in lieu of the four-week notice requirement, equivalent to two times (2x) the Rental Fee payable by the Renter for such four (4) week period. The Host must also continue to store the Renter’s property in the Space for a minimum period of seven (7) calendar days to allow the Renter time to remove their property from the Space.
Cancellation by SpaceiShare
In certain circumstances, SpaceiShare may decide, in its sole discretion, that it is necessary or desirable to cancel a Confirmed Booking—for example, in the case of events outside a Host or Renter’s control, or a Host or Renter’s legitimate discomfort with a Host or Renter. In such circumstances, SpaceiShare may determine, in its sole discretion, to refund to the Renter part of or all of the Rental Fees charged to the Renter.
In the event a Host had already been paid at the time of such cancellation, SpaceiShare shall be entitled to recover the amount of any Rental Fee or Host Payment refund from the Host, as applicable, including by subtracting such refund amount from any future Host Payments due to the Host. SpaceiShare and the relevant Renter or Host will not have any liability for such cancellations or refunds.
You are solely responsible for determining your applicable tax reporting requirements. SpaceiShare is neither responsible nor liable for notifying, collecting or paying any such taxes. SpaceiShare cannot and does not offer any tax-related advice to Users or Members.
SpaceiShare may, in its sole discretion, offer to pay either a Host or a Renter an amount in compensation for loss or damage to a Space or property stored therein under circumstances in which either (a) accidental loss or damages to the Renter’s Stored Goods is suffered through no fault of either the Host or Renter; or (b) payment of damages by the responsible party (either the Host or Renter, as applicable) is deemed unrecoverable after every available insurance policy claim has been unsuccessful.
Any such compensation payments for damage to a Space will not exceed an aggregate maximum of $5,000 per Rental Agreement. In the event of damage to Stored Goods, the compensation payment is limited to a maximum of $350 per Stored Good and an aggregate of $25,000. Boats, cars, or any other vehicle are not eligible for compensation payments, unless the Member demonstrates that their Rental Agreement was for vehicle storage through the Services. All Users must register, book and pay through the SpaceiShare Site in order to be eligible for any financial compensation offered through SpaceiShare. Any such compensation that SpaceiShare pays to a Host or Renter is the sole and exclusive remedy related to any loss or damage, and Host or Renter, as applicable, agrees that any such payment fully satisfies any claim for liability, damage, or compensation.
A Renter or Host is only eligible to make a claim under the SpaceiShare Assurance if the Renter or Host has an executed Rental Agreement for the Space.
ANY COMPENSATION PAYMENTS MADE BY SPACEISHARE UNDER THIS SECTION ARE NOT AN ADMISSION OF LIABILITY OR RESPONSIBILITY. THE SPACEISHARE ASSURANCE DOES NOT CONSTITUTE A CONTRACT FOR INSURANCE. SPACEISHARE’S DECISIONS CONCERNING ANY COMPENSATION PAYMENTS ARE FINAL AND BINDING.
YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND ANY CONTENT THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SPACEISHARE DOES NOT REPRESENT OR WARRANT THAT (I) OUR SERVICES OR ANY CONTENT THEREIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE; OR (II) ANY LISTING OR SPACE WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS.
SPACEISHARE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS IN CONNECTION WITH THE SERVICES OR TO REVIEW OR VISIT ANY SPACES. SPACEISHARE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY HOST, RENTER, USER OR OTHER THIRD PARTY IN CONNECTION WITH THE SERVICES.
YOU ACKNOWLEDGE AND AGREE THAT SPACEISHARE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, RENTERS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. IF HOST OR RENTER SPECIFICALLY REQUESTS A BACKGROUND CHECK, THEY AGREE TO PAY FOR SUCH SERVICES IN FULL AND MAY BE ADDED OR DEDUCTED FROM THEIR STATEMENT.
YOU ASSUME THE ENTIRE RISK AS TO YOUR USE OF THE SERVICES, CREATION OF A LISTING, BOOKING A SPACE, AND ANY INTERACTION WITH SPACEISHARE USERS, IN-PERSON OR ONLINE, INCLUDING ALL AGREEMENTS BETWEEN HOSTS AND RENTERS.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, SPACEISHARE WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES OR LOST PROFITS, EVEN IS SPACEISHARE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
EXCEPT FOR ANY OBLIGATION TO PAY AMOUNTS DUE TO APPLICABLE HOSTS PURSUANT TO THESE TERMS OR AN APPROVED REIMBURSEMENT REQUEST UNDER SPACEISHARE ASSURANCE, IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF SPACEISHARE ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES, REGARDLESS OF THE FORM OF ACTION, EXCEED ONE HUNDRED DOLLARS (US $100).
The limitations set forth in this section will not limit or exclude liability for gross negligence, fraud or intentional misconduct by SpaceiShare or for any other matters in which liability cannot be excluded under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold harmless SpaceiShare and its affiliates and their officers, directors, employees, professional advisors and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected to (a) your access to the Services or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of a Space or (iii) creation of a Listing; and (d) the use, condition or rental of a Space by you, including but not limited to any injuries, losses or damages (compensatory, direct, incidental, consequential or otherwise) arising in connection with or as a result of a rental, booking or use of a Space.
Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with SpaceiShare and limits the manner in which you can seek relief from us, unless you opt-out of arbitration by following the instructions set forth below. No class or representative actions or arbitrations are allowed under this arbitration provision. In addition, arbitration precludes you from suing in court or having a jury trial.
No Representative Actions. You and SpaceiShare agree that any dispute arising out of or related to these Terms or our Services is personal to you and SpaceiShare and that any dispute will be resolved solely through individual action, and will not be brought as a class arbitration, class action or any other type of representative proceeding.
Arbitration of Disputes. Except for small claims disputes in which you or SpaceiShare seeks to bring an individual action in small claims court located in the county of your billing address or disputes in which you or SpaceiShare seeks injunctive or other equitable relief for the alleged infringement or misappropriation of intellectual property, you and SpaceiShare waive your rights to a jury trial and to have any other dispute arising out of or related to these Terms or our Services, including claims related to privacy and data security, (collectively, “Disputes”) resolved in court. Instead, for any Dispute that you have against SpaceiShare you agree to first contact SpaceiShare and attempt to resolve the claim informally by sending a written notice of your claim (“Notice”) to SpaceiShare by email at le[email protected] or by certified mail addressed to 9595 Six Pines Dr., Ste. 8210, The Woodlands, TX 77380. The Notice must (a) include your name, residence address, email address, and telephone number; (b) describe the nature and basis of the Dispute; and (c) set forth the specific relief sought. Our notice to you will be similar in form to that described above. If you and SpaceiShare cannot reach an agreement to resolve the Dispute within thirty (30) days after such Notice is received, then either party may submit the Dispute to binding arbitration administered by JAMS or, under the limited circumstances set forth above, in court. All Disputes submitted to JAMS will be resolved through confidential, binding arbitration before one arbitrator. Arbitration proceedings will be held in United State, State of Texas unless you are a consumer, in which case you may elect to hold the arbitration in your county of residence. For purposes of this Section 14, a “consumer” means a person using the Services for personal, family or household purposes. You and SpaceiShare agree that Disputes will be held in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”). The most recent version of the JAMS Rules are available on the JAMS website and are hereby incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and waive any claim that the JAMS Rules are unfair or should not apply for any reason.
You and SpaceiShare agree that these Terms affect interstate commerce, and that the enforceability of this Section 19 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any Dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability. The arbitrator may conduct only an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The arbitration will allow for the discovery or exchange of non-privileged information relevant to the Dispute. The arbitrator, SpaceiShare, and you will maintain the confidentiality of any arbitration proceedings, judgments and awards, including information gathered, prepared and presented for purposes of the arbitration or related to the Dispute(s) therein. The arbitrator will have the authority to make appropriate rulings to safeguard confidentiality, unless the law provides to the contrary. The duty of confidentiality does not apply to the extent that disclosure is necessary to prepare for or conduct the arbitration hearing on the merits, in connection with a court application for a preliminary remedy or in connection with a judicial challenge to an arbitration award or its enforcement, or to the extent that disclosure is otherwise required by law or judicial decision.
You and SpaceiShare agree that for any arbitration you initiate, you will pay the filing fee (up to a maximum of $250 if you are a consumer), and SpaceiShare will pay the remaining JAMS fees and costs. For any arbitration initiated by SpaceiShare, SpaceiShare will pay all JAMS fees and costs. You and SpaceiShare agree that the state or federal courts of the State of Texas and the United States sitting in Montgomery County, Texas have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and SpaceiShare will not have the right to assert the claim.
You have the right to opt out of binding arbitration within 30 days of the date you first accepted the terms of this Section 19 by [email protected] or by certified mail addressed to 9595 Six Pines Dr., Ste. 8210 The Woodlands, Texas 77380.. In order to be effective, the opt-out notice must include your full name and address and clearly indicate your intent to opt out of binding arbitration. By not opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 19.
If any portion of this Section 19 is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Terms; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Section 14 or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to this Section 19; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in a civil court of competent jurisdiction and not in arbitration, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Section 19 is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section 19 will be enforceable.
Modification of Terms
We may make changes to these Terms from time to time. If we make changes, we will provide you with notice of such changes, such as by sending an email, providing a notice through our Services or updating the date at the top of these Terms. The amended Terms will be effective immediately. Your continued use of the Services after we provide such notice will confirm your acceptance of the changes. If you do not agree to the amended Terms, you must stop using our Services.
No Third-Party Beneficiaries
These Terms do not, and are not intended to, provide any rights or remedies to any person other than to you (“Host”, “Renter”, and/or “you”, as applicable) and SpaceiShare (collectively, the “Parties”).
Assignment and Inurement
You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. SpaceiShare may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the Parties, their successors and permitted assigns.
Any notices permitted or required under these Terms will be in writing and given by SpaceiShare via either (i) email (in each case to the email address that you provide in your SpaceiShare Account) or (ii) by posting to the Site or App. For notices made by email, the date transmitted will be deemed to be the date of receipt.
Any dispute arising from these Terms and your use of the Services will be governed by the laws of the State of Texas as applicable herein.
The failure of SpaceiShare to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
If any provision of these Terms is found unlawful, void or unenforceable, that provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
In these Terms, the following words have the meanings provided in this section.
“Confirmed Booking” means a Host has approved a Booking Request submitted through a Listing on the Site or App.
“Confidential Information” means information that is either designated as confidential, not publicly known, or reasonably should be understood to be confidential given the nature of the information, including but not limited to Personal Information.
“Cooling-Off Period” means a period of forty-eight (48) hours from the time of a Confirmed Booking during which a Host or Renter may cancel the booking without penalty.
“Event Space Rental Agreement” means an agreement entered into between a Host and a Renter to document the terms of a rental of an event space.
“Feedback” means oral or written information provided by Users of the Services to SpaceiShare.
“Full Private Access” means a Renter has unsupervised access to the Space and is responsible for securing the Space as instructed by the Host.
“Home-Sharing Rental Agreement” means an agreement entered into between a Host and a Renter to document the terms of a rental of a home space suitable as an apartment or homestay;
“Host” means a Member who advertises and offers a Space for rent through a Listing on the Site or App and provides Space for use by a Renter.
“Host Cancellation Fee” means a fee equivalent to two times (2x) the Rental Fee payable by a Host to a Renter for cancellation of a Rental Agreement by a Host during the agreement term without providing four-week cancellation notice.
“Host Payment” means the balance payable to the Host after the Service Fee and any other applicable fees, are deducted from the Rental Fee.
“Invitees” means employees, agents, family members of a Renter and other persons present in the Space at any time at the direct or implied invitation of a Renter.
“Listing” means an advertisement or posting by a Host on the Site or App offering a Space for rent.
“Merchant Fee” means the fee set by the Payment Processor for facilitating payment transactions and it is automatically debited from the Rental Fee by the payment processor.
“Member” means a person who completes the SpaceiShare account registration process, including, but not limited to Hosts and Renters;
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site or App;
“Occupancy Start Date” means the date on which a Renter is authorized to deposit personal property in the Space for the purpose of storage or in association with an event to be held in or on the Space;
“Parking” means the authorized parking of a vehicle, boat or caravan by the Renter in a Space.
“Parking Space Rental Agreement” means an agreement entered into between a Host and a Renter to document the terms of a rental of a parking space suitable to park or store motor vehicles;
“Personal Information” means any information that identifies, relates to, or is reasonably capable of being with associated with a particular individual or is otherwise defined as personal information or personal data under applicable law.
“Premises” means the physical area in or upon which a Space is located.
“Prohibited Activities” means any acts or activities that fall outside the Purpose, including, but not limited to, living or working in the Space, recreation, drug use or sexual activity, storage, including transient storage, of explosives, fuel, hazardous or flammable materials, pesticides or other toxic chemicals, waste of any kind, firearms, ammunition, illegal drugs or other controlled substances, stolen goods or other contraband, or any other items or activities specifically identified by the Host on the Listing or in the applicable Rental Agreement.
“Prohibited Items” means items not permitted as Stored Goods in a Space, including, but not limited to, perishable goods, plants, birds, fish, other animals, or any other living thing, firearms or ammunition, explosives, combustible or flammable materials, liquids or compressed gases, oil or oil-based products, gas, artificial fertilizers or cleaning solvents, chemicals, radioactive materials or biological agents, toxic waste, asbestos or other materials of a dangerous or harmful nature, any biological agents, hazardous goods, any items which may emit fumes, smells or odors, any drugs, illegal substances or goods, or goods or substances illegally obtained, or any other items the possession, usage, or storage of which may detrimentally affect any of your other Stored Goods or violate the laws of the United States or any other applicable laws, rules, or regulations.
“Purpose” means to enable Hosts to post Listings and quote fees for available rental of Space and to provide Renters information about and a means to book such Space through SpaceiShare’s platform or marketplace through which Hosts directly engage and book Spaces with Renters under a separate agreement between a Host and Renter;
“Rental Agreement” means the Storage Space Rental Agreement, Parking Space Rental Agreement, Home-Sharing Agreement or Event Space Agreement as applicable, entered into between a Host and a Renter for the rental of a Space, including the terms, conditions, and duration for such rental.
“Rental Fee” means the fee posted on a Listing and payable by the Renter, equal to the sum of the Space Fee and applicable Service Fee;
“Renter” means a Member who is seeking to rent a Space from a Host and pays the Rental Fee;
“Renter Cancellation Fee” means a fee equivalent to one and a half times (1.5x) the Rental Fee payable by a Renter to a Host for cancellation of a Rental Agreement by a Renter during the agreement term without four-week cancellation notice.
“Security Deposits” means an amount of money determined by a Host and payable by a Renter that may be required for a Confirmed Booking and which a Host may use to offset the cost of any damage to a Space or loss of a key device (FOB).
“Service Fee” means the sum of the Merchant Fee and the SpaceiShare Fee and, except as otherwise provided, is non-refundable.
“Site” means our website URLs: www.spaceishare.com, www.spaceishare.ca, www.spaceishare.co.uk, and monespacealouer.com.
“Social Media” means a third-party social networking site or platform.
“Social Media Content” means Content available or draw from a Member’s Social Media account(s) associated with their SpaceiShare Account.
“Storage Space Rental Agreement” means the agreement entered into between a Host and a Renter to document the terms of a rental of a Space suitable to for Renter’s Stored Goods.
“Space Fee” means the cost determined by the Host to rent a Space.
“Space” means a physical space offered for rent by a Host in a dwelling, warehouse, shed, garage, office, parking lot, driveway, or other similar location owned or under the control of a Host that is suitable for use as a storage of property, including motor vehicles.
“SpaceiShare Content” means all content that SpaceiShare owns or licenses and makes available through the Services, but excluding Member Content.
“SpaceiShare Fee” means the fee collected by SpaceiShare to cover the use and maintenance of its online marketplace and platform and ranges between five percent (5%) and twenty percent (20%) of the Space Fee.
“Stored Goods” means the property of a Renter, other than motor vehicles, that is stored in a Space, and excludes any Prohibited Items.
“User” means any person who visits or engages with the SpaceiShare Site or App and includes Members and non-Members.
“Verified Images” means any images as defined in Section 8.e. herein which may be used by Users or SpaceiShare.
Last Modified: March 10th, 2022