Effective Date: February 4, 2026
Last Updated: September 29, 2026
These Terms of Service ("Terms," "Agreement," or "Terms of Service") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you," "your," "User," or "Users"), and Spare Space LLC, a limited liability company organized under the laws of the Commonwealth of Pennsylvania ("Spare Space," "Company," "we," "us," or "our"), governing your access to, use of, and participation in the website located at yoursparespace.com, together with any related websites, subdomains, mobile applications, application programming interfaces ("APIs"), and any other platforms, services, tools, features, or functionalities offered by Spare Space now or in the future (collectively, the "Platform").
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE PLATFORM. BY CLICKING "I AGREE," "I ACCEPT," OR ANY SIMILAR BUTTON OR CHECKBOX, BY CREATING AN ACCOUNT, BY ACCESSING OR BROWSING THE PLATFORM, OR BY USING ANY PORTION OF THE PLATFORM IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS IN THEIR ENTIRETY, INCLUDING THE MANDATORY INDIVIDUAL ARBITRATION PROVISION AND CLASS ACTION WAIVER SET FORTH IN SECTION 22. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE PLATFORM AND MUST IMMEDIATELY DISCONTINUE ANY AND ALL USE.
These Terms contain provisions that limit our liability, require you to resolve disputes through individual binding arbitration rather than in court or through a jury trial, and waive your right to participate in class actions or representative proceedings. These provisions affect your legal rights, and you should review them carefully.
If you are accessing or using the Platform on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, and references to "you" or "your" shall include that entity.
1.1 Nature of the Platform. Spare Space operates solely as a technology-enabled marketplace platform that facilitates connections between individuals and entities who wish to make physical space available for use ("Hosts") and individuals and entities who wish to reserve or utilize such space ("Renters"). Spare Space provides the technology infrastructure, including search, listing, communication, scheduling, and payment-processing tools, to enable Hosts and Renters to transact with one another.
1.2 Spare Space Is Not a Party to Any Host-Renter Agreement. Spare Space does not own, lease, operate, manage, maintain, control, insure, inspect, secure, or have any possessory interest in any Space listed on the Platform. Spare Space is not a party to, and has no obligation or liability under, any agreement, arrangement, understanding, or transaction between a Host and a Renter, whether or not payments for such arrangement are processed through the Platform. The formation of any Booking constitutes a direct, independent contractual relationship between the applicable Host and the applicable Renter, and Spare Space's role is limited to providing the Platform infrastructure.
1.3 No Bailment, Warehousing, or Storage Operations. Spare Space is not a warehouse, self-storage facility, storage operator, bailee, or custodian under any federal, state, or local law, regulation, or ordinance. Spare Space does not take custody, possession, or control of any property stored, parked, or placed in any Space at any time. No bailment, agency, partnership, joint venture, employment, or fiduciary relationship is created between Spare Space and any User by virtue of these Terms or any use of the Platform.
1.4 Regulatory Compliance by Users. You acknowledge and agree that certain Hosts, Spaces, and uses thereof may be subject to federal, state, and local laws, regulations, ordinances, zoning restrictions, homeowners' association rules, lease or rental agreement provisions, permit requirements, licensing obligations, and tax obligations. Spare Space makes no representations or warranties regarding the legal compliance of any Listing, Space, or use thereof. Users are solely responsible for understanding and complying with all applicable legal requirements.
2.1 Age and Legal Capacity. You must be at least eighteen (18) years of age and possess the legal capacity to enter into a binding contract under the laws of your jurisdiction in order to access or use the Platform. By creating an account or using the Platform, you represent and warrant that you meet these eligibility requirements. If you are under the age of eighteen (18), you may not access, register for, or use the Platform under any circumstances.
2.2 Geographic Limitation. The Platform is intended for use solely within the United States of America and its territories. You represent and warrant that you will access and use the Platform only from within the United States and that any Space you list or Booking you make pertains to a physical location within the United States. Spare Space makes no representations that the Platform is appropriate, available, or compliant with laws in any jurisdiction outside the United States.
2.3 Compliance with Laws. You represent and warrant that your use of the Platform, including any Listing, Booking, or other transaction, will comply with all applicable federal, state, and local laws, statutes, regulations, ordinances, and rules, including without limitation those governing property use, zoning, building codes, fire safety, accessibility, insurance, taxes, and anti-discrimination.
2.4 Prohibited Users. You may not use the Platform if you have been previously suspended, removed, or permanently banned from the Platform by Spare Space; if you are subject to any economic or trade sanctions administered by the U.S. Department of Treasury's Office of Foreign Assets Control ("OFAC"); or if you are otherwise prohibited by law from entering into these Terms.
As used throughout these Terms, the following capitalized terms shall have the meanings set forth below:
4.1 Account Creation. To access certain features of the Platform, including creating Listings or making Bookings, you must register for an account by providing accurate, current, and complete information as prompted by the registration process. You agree to maintain and promptly update your account information to keep it accurate, current, and complete at all times. Providing false, misleading, or outdated information constitutes a material breach of these Terms and may result in immediate suspension or termination of your account.
4.2 Account Security and Responsibility. You are solely responsible for safeguarding the confidentiality of your account credentials, including your username, password, and any other authentication information. You agree to (a) use a strong, unique password; (b) not share your account credentials with any third party; (c) notify Spare Space immediately at support@yoursparespace.com upon becoming aware of any unauthorized access to or use of your account; and (d) accept full responsibility for all activities that occur under your account, whether or not authorized by you. Spare Space shall not be liable for any loss, damage, or liability arising from your failure to comply with this Section.
4.3 Identity Verification. Spare Space may, at its sole discretion, require identity verification at the time of account registration, periodically thereafter, or in connection with specific transactions or activities on the Platform. You authorize Spare Space and its designated third-party verification service providers to collect, use, store, and process personal information, including but not limited to your name, address, date of birth, government-issued identification, and other documentation, solely for the purposes of identity verification, fraud prevention, risk assessment, and platform safety. You acknowledge and agree that identity verification is intended to reduce risk but does not constitute a guarantee, warranty, or representation by Spare Space regarding any User's identity, character, trustworthiness, reliability, or the safety, legality, or suitability of any Space.
4.4 Host Ownership and Control Verification. Prior to publishing any Listing on the Platform, Hosts must provide documentation reasonably demonstrating legal ownership of, or authorized control over, the Space to be listed. Acceptable documentation may include, without limitation, mortgage statements, property tax records, utility bills, lease agreements with authorization to sublet or grant access, property management authorization letters, government-issued property records, or other evidence deemed acceptable by Spare Space in its sole discretion. Spare Space reserves the right, in its sole and absolute discretion, to approve, reject, suspend, or remove any Listing at any time, for any reason or no reason, with or without prior notice to the Host.
4.5 One Account Per User. Each User may maintain only one active account on the Platform unless expressly authorized in writing by Spare Space. Spare Space reserves the right to suspend, merge, or terminate duplicate accounts without prior notice.
5.1 Direct Contractual Relationship. A confirmed Booking creates a direct contractual relationship between the applicable Host and Renter. Spare Space is not a party to any such agreement and has no obligations, duties, or liabilities arising thereunder. All terms, conditions, representations, warranties, and obligations related to the use of a Space are solely between the Host and Renter.
5.2 Separate Written Agreements. Hosts may, at their sole discretion, require Renters to execute a separate written agreement, lease, license, or other document governing the use of the Space. Any such agreement is solely between the Host and Renter; Spare Space is not a party to, and shall not be bound by or have any liability under, any such separate agreement. Spare Space does not review, approve, endorse, or assume any responsibility for the terms, enforceability, or legal sufficiency of any such agreement.
5.3 Conflicts Between Agreements. These Terms govern all matters relating to the use of the Platform, including account registration, Listing publication, Booking facilitation, payment processing, and Platform conduct. Any separate agreement between a Host and Renter may govern the Space-use relationship between those parties, but in the event of any conflict or inconsistency between these Terms and any Host-Renter agreement, these Terms shall control with respect to all Platform-related matters, and the Host-Renter agreement shall have no effect on Spare Space's rights, obligations, or liabilities.
5.4 No Agency or Endorsement. Neither Spare Space's facilitation of a Booking, processing of a payment, display of a Listing, nor any verification activity shall be construed as an endorsement, recommendation, guarantee, or warranty of any Host, Renter, Space, or transaction. Spare Space does not act as an agent, representative, broker, or fiduciary of any User.
By listing a Space on the Platform, each Host represents, warrants, and agrees to the following:
6.1 Legal Authority. Host has the full legal right, power, and authority to list the Space and to permit its use for the purposes described in the Listing. Host's listing and any resulting Booking do not violate any law, regulation, ordinance, contractual obligation, mortgage, deed restriction, homeowners' association covenant, lease provision, or other restriction applicable to the Space.
6.2 Compliance with Laws. Host shall comply with all applicable federal, state, and local laws, statutes, regulations, ordinances, and rules, including without limitation those relating to property use, zoning, building and fire codes, health and safety, accessibility under the Americans with Disabilities Act (where applicable), environmental regulations, permits and licensing, and tax reporting and payment obligations.
6.3 Accurate Listing Information. Host shall provide truthful, accurate, and complete information in each Listing, including without limitation a description of the Space, dimensions, access instructions, access hours, parking and loading information, security features (or lack thereof), environmental conditions (including climate control, pest control, and moisture exposure), known hazards or safety concerns, restrictions on use, and any other material information a reasonable Renter would consider relevant.
6.4 Host Rules. Host shall establish and clearly communicate Host Rules applicable to each Space. Host Rules must be lawful, reasonable, and non-discriminatory. Host Rules are binding on Renters upon confirmation of a Booking, provided they are disclosed through the Listing or the Platform's messaging system prior to Booking confirmation.
6.5 Insurance. Spare Space does not provide insurance of any kind to Hosts, Renters, or their property. Each Host is solely responsible for obtaining and maintaining appropriate insurance coverage for the Space and any activities conducted thereon, including without limitation property insurance, general liability insurance, and any other coverage that may be required by law or prudent under the circumstances. Spare Space makes no recommendations regarding the type or amount of insurance any Host should carry.
6.6 Maintenance and Safety. Host shall maintain the Space in a reasonably safe and clean condition throughout the term of any Booking. Host shall promptly disclose to the applicable Renter and to Spare Space any material changes in the condition, accessibility, or availability of the Space.
6.7 Tax Obligations. Host is solely responsible for determining, collecting, reporting, and remitting any and all taxes (including income tax, property tax, sales tax, use tax, occupancy tax, and any other applicable taxes) arising from or related to the listing or rental of the Space, unless Spare Space explicitly states otherwise in writing.
By making a Booking or using a Space through the Platform, each Renter represents, warrants, and agrees to the following:
7.1 Lawful Use. Renter shall use the Space only in a manner consistent with applicable law, these Terms, the Listing description, and Host Rules. Renter shall not use the Space for any illegal, unauthorized, or prohibited purpose.
7.2 Sole Responsibility for Property. Renter acknowledges and agrees that Renter is solely responsible for all personal property, goods, materials, vehicles, and any other items placed, stored, parked, or otherwise situated in or on the Space. Without limiting the generality of the foregoing, Renter assumes all risk of loss, damage, theft, destruction, or deterioration of property arising from any cause whatsoever, including without limitation fire, flood, water intrusion, moisture, mold, mildew, temperature or humidity fluctuations, pests, vermin, vandalism, unauthorized access, acts of third parties, acts of God, natural disasters, or any other cause.
7.3 No Nuisance or Hazard. Renter shall not create, maintain, or permit any nuisance, hazard, health risk, environmental contamination, or unsafe condition in or about the Space. Renter shall not use or bring onto the Space any item or substance that would increase the risk of fire, explosion, environmental harm, or bodily injury beyond the level inherent in the permitted use.
7.4 Timely Removal of Property. Renter shall remove all property from the Space by the applicable move-out deadline as specified in the Listing, Host Rules, or as otherwise required by Section 10 of these Terms. Renter shall leave the Space in substantially the same condition as it was received, ordinary wear and tear excepted.
7.5 Compliance with Host Rules. Renter shall comply with all Host Rules communicated through the Listing or the Platform. Failure to comply with Host Rules may result in cancellation of the Booking, restriction of access to the Space, and additional charges as permitted by applicable law.
7.6 Insurance. Spare Space does not provide insurance of any kind to Renters or their property. Each Renter is solely responsible for obtaining and maintaining appropriate insurance coverage for their property and activities, including without limitation renter's insurance, personal property insurance, and any other coverage the Renter deems appropriate or that may be required by law.
8.1 Universally Prohibited Items and Activities. You may not list, store, park, bring into, cause to be stored in, or otherwise place or maintain in any Space any of the following:
Spare Space reserves the right, in its sole discretion, to remove Listings, suspend or terminate User accounts, cancel Bookings, restrict Platform access, or take any other action it deems appropriate if Spare Space believes, in good faith, that any illegality, fraud, safety risk, or violation of these Terms has occurred or may occur.
8.2 Conditionally Permitted Items. The following categories of items may be stored in a Space only if (a) not prohibited by Host Rules or the Listing, (b) fully compliant with all applicable federal, state, and local laws, and (c) stored in compliance with the specific requirements set forth below:
8.2.1 Firearms and Ammunition. Firearms and ammunition must be legally owned and lawfully possessed by the Renter. All firearms must be stored in a locked container, gun safe, or otherwise secured to prevent access by unauthorized persons, minors, or any individual not legally permitted to possess firearms. Host may prohibit firearms and ammunition at any time by updating Host Rules. Renter is solely responsible for compliance with all applicable federal, state, and local firearms laws, including transportation and storage requirements.
8.2.2 Cash, Currency, and Valuables. Cash, currency, jewelry, precious metals, collectibles, artwork, and other high-value items are stored entirely at the Renter's sole risk. Spare Space and Host are not responsible for theft, loss, damage, or destruction of any such items. Host may prohibit cash and valuables at any time by updating Host Rules.
8.2.3 Perishable Items. Perishable items must be properly sealed, non-hazardous, and stored in a manner that does not create odors, attract pests or vermin, cause leakage, create mold or mildew risk, or present sanitation concerns. If a Host reasonably believes that perishable items are creating a risk to the Space, other property, or persons, the Host may require immediate removal and may take lawful steps to mitigate harm, including but not limited to disposal of spoiled items. Renter shall be responsible for all costs of remediation.
8.3 No Inspection by Spare Space. Spare Space does not inspect, monitor, or verify any items stored, parked, or placed in any Space. Users are solely responsible for compliance with this Section and for any and all consequences arising from their storage of prohibited or conditionally permitted items.
9.1 Payment Processing Through Stripe. All payments facilitated through the Platform are processed by Stripe, Inc. and its affiliates ("Stripe"). By using the Platform to make or receive payments, you agree to be bound by the Stripe Connected Account Agreement (available at https://stripe.com/connect-account/legal) or such other applicable Stripe terms of service, as may be modified by Stripe from time to time. You authorize Spare Space and Stripe to initiate, process, and facilitate payments, refunds (where applicable), chargebacks, reversals, adjustments, and payouts in connection with Bookings made through the Platform. Spare Space is not a payment processor, bank, or financial institution and does not hold or control funds except as an intermediary in connection with Stripe's processing services.
9.2 Service Fees. Spare Space charges a service fee equal to five percent (5%) of the monthly rental amount for each Booking (the "Service Fee"), which is displayed during the checkout process and reflected in the Host payout breakdown. The Service Fee is deducted from the amount paid by the Renter prior to disbursement to the Host.
9.3 Listing Fees. Hosts may be required to pay a listing or posting fee in connection with the publication of a Listing, as displayed at the time of checkout. Listing fees are non-refundable once charged, except where refund is required by applicable law.
9.4 Fee Changes. Spare Space reserves the right to modify, increase, decrease, or restructure its fee schedule at any time by posting updated pricing on the Platform. Fee changes shall apply prospectively to Bookings made on or after the effective date of the change. Continued use of the Platform after any fee change constitutes acceptance of the updated fee schedule.
9.5 Taxes. Each User is independently and solely responsible for determining, calculating, collecting (where applicable), reporting, and remitting any and all taxes, duties, levies, assessments, or other governmental charges arising from or relating to their activity on the Platform, including without limitation income taxes, self-employment taxes, sales taxes, use taxes, value-added taxes, occupancy taxes, and any other taxes imposed by any federal, state, or local taxing authority. Spare Space does not provide tax advice and makes no representations regarding the tax implications of any transaction. Users are encouraged to consult with a qualified tax professional regarding their specific obligations. Spare Space shall not be held liable for any User's failure to comply with applicable tax laws.
9.6 Chargebacks and Payment Disputes. If a Renter initiates a chargeback, payment reversal, or dispute through their financial institution, Spare Space reserves the right to suspend the Renter's account, cancel active Bookings, and recover from the Renter any fees, costs, or losses incurred as a result of the chargeback or dispute, including Stripe's chargeback fees and any administrative costs.
This Section is intended to establish clear rules governing the duration, renewal, cancellation, and termination of Bookings, and to prevent situations in which a Renter pays for one period but leaves property beyond the paid period.
10.1 Month-to-Month Term; Automatic Renewal. Unless a Listing expressly states otherwise, all Bookings are on a month-to-month basis and shall automatically renew at the beginning of each successive monthly billing cycle. Automatic renewal shall continue until the Booking is properly canceled in accordance with Section 10.2 and the Space is fully vacated in accordance with Section 10.3.
10.2 Cancellation; No Proration. Either party may cancel a Booking by providing notice through the Platform in accordance with the cancellation terms set forth in the applicable Listing. Unless the Listing specifies a different cancellation rule, cancellations shall become effective at the end of the current paid monthly period. There shall be no prorated refunds for partial months, unused days, early move-out, or any other partial-period use, except where a prorated refund is expressly required by applicable law. For the avoidance of doubt, a Renter who cancels mid-month remains responsible for the full monthly charge for that period.
10.3 Move-Out Requirement. Upon the effective date of cancellation or expiration of a Booking, the Renter shall remove all personal property, goods, materials, vehicles, and any other items from the Space by the move-out deadline specified in the Listing or Host Rules. In the absence of a specified deadline, all property must be removed by 11:59 PM local time on the last day of the paid period. The Renter shall leave the Space in substantially the same condition as received, reasonable wear and tear excepted. Failure to vacate the Space by the applicable deadline shall constitute unauthorized overstay as described in Section 10.4.
10.4 Overstay; Unauthorized Use; Continued Charges. If any property of the Renter remains in or on the Space after the expiration or cancellation of a Booking, or after the applicable move-out deadline, the Renter shall be deemed to be in unauthorized overstay. In the event of unauthorized overstay: (a) monthly charges shall continue to accrue at the rate specified in the Listing, and the Renter shall be liable for all such charges; (b) the Host may impose additional late fees, overstay fees, or penalty charges to the extent such fees are disclosed in the Listing or Host Rules and permitted by applicable law; (c) the Host may pursue any and all lawful remedies, including without limitation restricting the Renter's access to the Space, towing vehicles (where applicable and lawful), pursuing legal process for eviction or removal, and seeking monetary damages; and (d) Spare Space may suspend or terminate the Renter's account and restrict Platform access.
10.5 Abandoned Property. If a Host reasonably believes, based on objective circumstances, that property left in a Space has been abandoned by the Renter (including situations where the Renter has failed to respond to reasonable communication attempts for a period of fifteen (15) or more days after the end of a paid period), the Host may handle such property in accordance with applicable state and local law, which may include securing, storing, selling, donating, disposing of, or otherwise addressing the abandoned property. Spare Space does not guarantee any specific process for the handling of abandoned property, as applicable laws vary by jurisdiction, property type, and value. The Renter shall be solely responsible for all costs, fees, liabilities, and consequences arising from the abandonment of property, including removal costs, storage costs, disposal costs, and any damages caused to the Space.
10.6 No Tenant Rights. Users acknowledge and agree that a Booking does not create a landlord-tenant relationship, lease, or tenancy of any kind under applicable law. Renters are licensees, not tenants, and do not acquire any possessory interest, leasehold interest, or tenant rights in or to any Space. This Section does not override any mandatory protections afforded to occupants under applicable law, and in the event a court of competent jurisdiction determines that a tenancy exists, these Terms shall be construed to provide the maximum protections permitted to the Host and to Spare Space under applicable law.
11.1 User Responsibility for Disputes. Hosts and Renters are solely and exclusively responsible for resolving any and all disputes, claims, demands, actions, or proceedings arising out of or relating to: (a) property damage, theft, loss, or destruction; (b) personal injury, bodily harm, illness, or death; (c) premises liability, slip-and-fall incidents, or hazardous conditions; (d) access issues, lockouts, or unauthorized entry; (e) towing, removal, or impoundment of vehicles or property; (f) enforcement or breach of Host Rules; (g) abandoned, unclaimed, or disputed property; (h) the legality of items stored or activities conducted in a Space; (i) the condition, safety, habitability, or suitability of a Space; (j) any separate agreement between a Host and Renter; and (k) any other matter arising from the Host-Renter relationship.
11.2 Spare Space's Discretionary Assistance. Spare Space may, in its sole discretion and without any obligation to do so, assist Users with communication, mediation, or documentation related to a dispute. Any such assistance is voluntary, does not create any duty or liability on the part of Spare Space, and shall not be construed as an admission of fault, an assumption of responsibility, or a waiver of any rights under these Terms.
11.3 Platform Actions. In connection with any dispute, complaint, or report of potential violation, Spare Space reserves the right to take any Platform action it deems appropriate in its sole discretion, including without limitation issuing warnings, suspending or terminating accounts, removing Listings, canceling Bookings, withholding payouts, and restricting access to the Platform, in each case without liability to any User.
12.1 User Content. Users may submit, post, upload, or transmit Content on or through the Platform, including without limitation Listing descriptions, photographs, videos, reviews, ratings, messages, and comments. You represent and warrant that all Content you submit is (a) truthful, accurate, and not misleading; (b) not unlawful, defamatory, libelous, obscene, harassing, threatening, invasive of privacy, or otherwise objectionable; (c) not infringing, misappropriating, or otherwise violating the intellectual property, proprietary, privacy, publicity, or other rights of any third party; and (d) in compliance with these Terms and all applicable laws.
12.2 License to User Content. By submitting Content to the Platform, you hereby grant to Spare Space a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, publicly display, and otherwise exploit such Content in connection with operating, promoting, marketing, improving, and expanding the Platform and Spare Space's business, in any media format and through any media channel now known or hereafter developed. This license survives termination of your account.
12.3 Content Removal. Spare Space reserves the right, but does not assume the obligation, to monitor, review, screen, edit, or remove any Content at any time, for any reason or no reason, in its sole discretion, including without limitation Content that Spare Space believes violates these Terms, is objectionable, or may expose Spare Space to liability. Spare Space shall not be liable for any removal or failure to remove Content.
12.4 No Endorsement of Content. Spare Space does not endorse, verify, or assume any responsibility for any Content posted by Users. The views, opinions, and representations expressed in User Content are those of the individual User and do not reflect the views, opinions, or representations of Spare Space.
12.5 Platform Intellectual Property. Except for User Content, Spare Space LLC and its licensors own all rights, title, and interest in and to the Platform, including without limitation all software, source code, object code, algorithms, databases, designs, text, graphics, logos, trademarks, service marks, trade names, trade dress, icons, images, user interfaces, visual interfaces, audio clips, video clips, and other materials available on or through the Platform (collectively, "Spare Space Materials"). Spare Space Materials are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.
12.6 Limited License to Use Platform. Subject to your compliance with these Terms, Spare Space grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access and use the Platform strictly for its intended purpose as described in these Terms. This license does not include the right to (a) copy, reproduce, modify, adapt, translate, or create derivative works of any Spare Space Materials; (b) distribute, sell, resell, lease, license, sublicense, or otherwise transfer any Spare Space Materials; (c) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code of the Platform or any component thereof; (d) scrape, crawl, spider, harvest, or use any automated means to access, collect, or extract data from the Platform; (e) use the Platform for any competitive, benchmarking, or commercial purpose other than its intended use; or (f) remove, alter, or obscure any copyright, trademark, or other proprietary notices. Any unauthorized use of the Platform or Spare Space Materials shall constitute a material breach of these Terms and may violate applicable intellectual property laws.
13.1 Privacy Policy. Your use of the Platform is also governed by our Privacy Policy, available at yoursparespace.com/privacy, which is hereby incorporated into and made a part of these Terms by reference. By using the Platform, you acknowledge that you have read and understood the Privacy Policy and consent to the collection, use, storage, processing, and disclosure of your personal information as described therein.
13.2 Data Collection and Use. In connection with your use of the Platform, Spare Space and its third-party service providers may collect, store, process, and use personal information and data, including without limitation your name, email address, phone number, physical address, payment information, identity verification documents, device information, IP addresses, browser type, usage data, location data, and other information as described in the Privacy Policy. Such information may be used for account administration, identity verification, fraud prevention, payment processing, platform improvement, analytics, marketing, communications, legal compliance, and any other purposes described in the Privacy Policy.
13.3 Data Security. Spare Space implements commercially reasonable administrative, technical, and physical security measures to protect personal information from unauthorized access, disclosure, alteration, or destruction. However, no method of transmission over the Internet or method of electronic storage is completely secure, and Spare Space cannot guarantee the absolute security of your personal information. You acknowledge and agree that you transmit personal information at your own risk.
13.4 Data Breach Notification. In the event of a data breach involving your personal information that triggers notification obligations under applicable state or federal law, Spare Space shall provide notice in accordance with the requirements of such applicable law.
13.5 Account Deletion and Data Retention. You may request deletion of your account by contacting support@yoursparespace.com. Upon receipt of a valid account deletion request, Spare Space shall delete or anonymize your personal information in accordance with our Privacy Policy and applicable law, subject to any retention obligations required by law, regulation, legal proceedings, or legitimate business purposes (including fraud prevention, dispute resolution, and record-keeping obligations). Certain information may be retained in anonymized or aggregated form that does not identify you.
13.6 Third-Party Services. The Platform may contain links to, or integrations with, third-party websites, applications, or services that are not owned or controlled by Spare Space. Spare Space is not responsible for the privacy practices, content, or security of any third-party services. Your use of third-party services is governed by their respective terms and privacy policies.
14.1 Commitment to Non-Discrimination. Spare Space is committed to fostering an inclusive and equitable marketplace. Users shall not discriminate against any other User on the basis of race, color, national origin, religion, sex, gender, gender identity, sexual orientation, marital status, disability, familial status, age, veteran status, or any other characteristic protected by applicable federal, state, or local law in the listing, offering, acceptance, or rejection of any Booking, or in the terms, conditions, or privileges of any Space.
14.2 Fair Housing and Civil Rights Compliance. To the extent that the Fair Housing Act (42 U.S.C. §§ 3601–3619), the Civil Rights Act of 1964, the Americans with Disabilities Act, or any analogous state or local anti-discrimination law applies to the listing or rental of Spaces through the Platform, Users shall comply with all requirements thereof. Spare Space reserves the right to remove Listings, cancel Bookings, or suspend or terminate accounts that violate this Section.
14.3 Reporting Discrimination. Users who believe they have been subjected to discrimination by another User may report the incident to Spare Space at support@yoursparespace.com. Spare Space shall investigate reports in good faith and may take Platform actions as described in Section 21 of these Terms.
15.1 Respect for Intellectual Property. Spare Space respects the intellectual property rights of others and expects Users to do the same. It is Spare Space's policy to respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act of 1998 ("DMCA"), 17 U.S.C. § 512.
15.2 DMCA Takedown Notices. If you believe that any Content on the Platform infringes your copyright, you may submit a written notification to Spare Space's designated agent containing the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material that is claimed to be infringing and information reasonably sufficient to permit Spare Space to locate the material on the Platform; (d) your contact information, including your name, address, telephone number, and email address; (e) a statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.
15.3 Designated Agent. DMCA notices should be sent to:
Spare Space LLC
Attn: DMCA Agent
Email: support@yoursparespace.com
15.4 Counter-Notification. If you believe that your Content was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification containing the information required by 17 U.S.C. § 512(g)(3). Spare Space will process valid counter-notifications in accordance with the DMCA.
15.5 Repeat Infringers. Spare Space reserves the right to terminate, in appropriate circumstances and at its sole discretion, the accounts of Users who are determined to be repeat infringers.
THE PLATFORM, INCLUDING ALL CONTENT, FEATURES, FUNCTIONALITY, SERVICES, AND SPARE SPACE MATERIALS, IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SPARE SPACE AND ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS (COLLECTIVELY, THE "SPARE SPACE PARTIES") HEREBY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
WITHOUT LIMITING THE FOREGOING, THE SPARE SPACE PARTIES MAKE NO WARRANTY OR REPRESENTATION THAT: (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (C) THE RESULTS OBTAINED FROM USE OF THE PLATFORM WILL BE ACCURATE, RELIABLE, OR COMPLETE; (D) ANY SPACE IS SAFE, LEGAL, PROPERLY INSURED, SECURE, STRUCTURALLY SOUND, CLIMATE-CONTROLLED, PEST-FREE, WEATHERPROOF, OR SUITABLE FOR ANY PARTICULAR ITEM, USE, OR PURPOSE; (E) ANY LISTING INFORMATION IS ACCURATE, CURRENT, OR COMPLETE; (F) ANY USER IS WHO THEY CLAIM TO BE OR IS TRUSTWORTHY, RELIABLE, OR LAWFUL; OR (G) ANY DEFECTS IN THE PLATFORM WILL BE CORRECTED.
YOU ACKNOWLEDGE THAT SPARE SPACE HAS NO OBLIGATION TO SCREEN, VERIFY, INSPECT, OR MONITOR ANY SPACE, LISTING, BOOKING, USER, CONTENT, OR TRANSACTION. ANY RELIANCE ON THE PLATFORM, ITS CONTENT, OR ANY USER IS SOLELY AT YOUR OWN RISK.
YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOUR ACCESS TO AND USE OF THE PLATFORM AND ANY SPACE INVOLVES INHERENT RISKS AND DANGERS, INCLUDING WITHOUT LIMITATION THE RISK OF PERSONAL INJURY, BODILY HARM, ILLNESS, OR DEATH; PROPERTY DAMAGE, LOSS, THEFT, OR DESTRUCTION; FIRE, FLOOD, WATER INTRUSION, MOISTURE DAMAGE, MOLD, MILDEW, OR PEST INFESTATION; TEMPERATURE OR HUMIDITY FLUCTUATIONS; STRUCTURAL FAILURE, COLLAPSE, OR DETERIORATION; VANDALISM, TRESPASSING, OR UNAUTHORIZED ACCESS BY THIRD PARTIES; HAZARDOUS CONDITIONS, ENVIRONMENTAL CONTAMINATION, OR TOXIC EXPOSURE; ACCIDENTS ON OR NEAR A SPACE; NEGLIGENCE OR INTENTIONAL MISCONDUCT BY OTHER USERS OR THIRD PARTIES; INACCURATE, MISLEADING, OR INCOMPLETE LISTING INFORMATION; FAILURE OF SECURITY MEASURES; AND ANY OTHER RISKS INHERENT IN THE USE OF PHYSICAL SPACES FOR STORAGE, PARKING, OR OTHER PURPOSES.
YOU VOLUNTARILY AND KNOWINGLY ASSUME ALL SUCH RISKS, WHETHER KNOWN OR UNKNOWN, FORESEEABLE OR UNFORESEEABLE, ARISING FROM OR RELATING TO YOUR USE OF THE PLATFORM, YOUR INTERACTION WITH ANY USER, OR YOUR ACCESS TO, USE OF, OR PLACEMENT OF PROPERTY IN ANY SPACE. YOU AGREE THAT THE SPARE SPACE PARTIES SHALL NOT BE LIABLE FOR ANY SUCH RISKS, AND YOU HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL CLAIMS AGAINST THE SPARE SPACE PARTIES ARISING FROM OR RELATED TO SUCH RISKS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY RELEASE, DISCHARGE, AND HOLD HARMLESS THE SPARE SPACE PARTIES FROM ANY AND ALL CLAIMS, DEMANDS, CAUSES OF ACTION, SUITS, PROCEEDINGS, JUDGMENTS, DAMAGES, LOSSES, COSTS, EXPENSES, AND LIABILITIES OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, DISCLOSED OR UNDISCLOSED, PAST, PRESENT, OR FUTURE, ARISING OUT OF OR IN ANY WAY RELATING TO:
(A) YOUR USE OF OR ACCESS TO THE PLATFORM, ANY LISTING, ANY SPACE, OR ANY BOOKING; (B) ANY INTERACTION, COMMUNICATION, TRANSACTION, OR DISPUTE WITH ANY OTHER USER; (C) THEFT, LOSS, DAMAGE, DETERIORATION, OR DESTRUCTION OF ANY PROPERTY; (D) PERSONAL INJURY, BODILY HARM, ILLNESS, OR DEATH OCCURRING ON, IN, OR NEAR ANY SPACE; (E) ANY HOST-RENTER AGREEMENT, ARRANGEMENT, OR DISPUTE; (F) THE CONDUCT, ACTS, OR OMISSIONS OF ANY USER OR THIRD PARTY; (G) ANY CONTENT POSTED, SUBMITTED, OR TRANSMITTED ON THE PLATFORM; (H) THE ACCURACY, COMPLETENESS, OR LEGALITY OF ANY LISTING OR CONTENT; (I) ANY VIOLATION OF LAW, REGULATION, OR THESE TERMS BY ANY USER; OR (J) ANY OTHER MATTER ARISING FROM OR RELATED TO YOUR USE OF THE PLATFORM.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT LIMITS THE SCOPE OF A GENERAL RELEASE (SUCH AS CALIFORNIA CIVIL CODE § 1542 OR SIMILAR STATUTE), YOU HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, SUCH PROTECTIONS AND AGREE THAT THIS RELEASE COVERS ALL CLAIMS WHETHER OR NOT KNOWN OR SUSPECTED AT THE TIME OF EXECUTION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
(A) EXCLUSION OF CERTAIN DAMAGES. IN NO EVENT SHALL THE SPARE SPACE PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, STATUTE, OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER THE SPARE SPACE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(B) AGGREGATE LIABILITY CAP. THE TOTAL AGGREGATE LIABILITY OF THE SPARE SPACE PARTIES FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR ANY SPACE SHALL NOT EXCEED THE GREATER OF: (I) ONE HUNDRED UNITED STATES DOLLARS ($100.00); OR (II) THE TOTAL AMOUNT OF SERVICE FEES ACTUALLY PAID BY YOU TO SPARE SPACE DURING THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT OR CIRCUMSTANCES GIVING RISE TO THE CLAIM.
(C) ESSENTIAL PURPOSE. THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE, AND SHALL CONSTITUTE THE PARTIES' ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY.
(D) JURISDICTIONAL LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF THE SPARE SPACE PARTIES SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
(E) STATUTE OF LIMITATIONS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE PLATFORM, OR ANY SPACE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CLAIM OR CAUSE OF ACTION SHALL BE PERMANENTLY BARRED AND WAIVED.
You agree to defend, indemnify, and hold harmless the Spare Space Parties from and against any and all claims, demands, causes of action, suits, proceedings, investigations, damages, losses, costs, expenses, penalties, fines, and liabilities of every kind and nature (including reasonable attorneys' fees, expert witness fees, and court costs) arising out of or in any way relating to:
(A) Your use of or access to the Platform, including any Listing, Booking, or transaction; (B) Your Listing, Space, or the condition, safety, legality, or suitability thereof; (C) Any items you store, park, place, or bring into any Space, including prohibited items, hazardous materials, or items that create unsafe conditions; (D) Your violation of any provision of these Terms; (E) Your violation of any applicable federal, state, or local law, regulation, ordinance, or rule; (F) Your violation of any Host Rules; (G) Your Content, including any claim that your Content infringes, misappropriates, or otherwise violates the intellectual property, privacy, publicity, or other rights of any third party; (H) Your interactions, communications, disputes, or agreements with any other User; (I) Any personal injury, property damage, or other harm caused by your acts, omissions, negligence, or willful misconduct; (J) Any tax liability or reporting obligation arising from your activity on the Platform; or (K) Any claim by a third party arising from or related to any of the foregoing.
Spare Space reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate fully with Spare Space in asserting any available defenses. Your indemnification obligations under this Section shall survive the termination of your account and these Terms.
21.1 Termination by Spare Space. Spare Space may, in its sole and absolute discretion, and without prior notice or liability to you, suspend, restrict, deactivate, or permanently terminate your account, remove any Listing, cancel any Booking, withhold any payout, or restrict your access to the Platform, in whole or in part, at any time and for any reason, including without limitation to address actual or suspected safety concerns, fraud, illegality, violations of these Terms, risk management, legal compliance, regulatory requirements, or reputational harm to Spare Space.
21.2 Termination by User. You may terminate your account at any time by contacting support@yoursparespace.com or through the account settings functionality on the Platform, if available. Termination of your account does not relieve you of any obligations incurred prior to termination, including outstanding payments, fees, indemnification obligations, or liabilities arising from Bookings.
21.3 Effect of Termination. Upon termination of your account, for any reason: (a) your right to access and use the Platform shall immediately cease; (b) you shall promptly remove all property from any Space in which you have an active Booking, in accordance with Section 10; (c) any outstanding fees, charges, or amounts owed to Spare Space shall become immediately due and payable; (d) Spare Space may retain or delete your Content and account information in accordance with the Privacy Policy and applicable law; and (e) the provisions of these Terms that by their nature should survive termination shall survive, including without limitation Sections 1, 11, 12.2, 13, 16 through 20, 22, and 25.
21.4 Effect on Active Bookings. If Spare Space terminates or suspends a User's account, Spare Space may, in its sole discretion, cancel any active Bookings associated with that account. Spare Space shall not be liable for any costs, losses, damages, or inconvenience arising from such cancellation. Affected Users shall be responsible for making alternative arrangements for their property.
22.1 Governing Law. These Terms and any dispute arising out of or relating to these Terms, the Platform, or any Space shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania, without regard to its conflict-of-law principles or rules that would cause the application of the laws of any other jurisdiction.
22.2 Mandatory Individual Arbitration. Except for disputes that qualify for small claims court as described below, any dispute, claim, or controversy arising out of or relating to these Terms, the Platform, any Space, or any transaction or relationship between you and Spare Space (including claims arising before the effective date of these Terms) shall be resolved exclusively through final and binding individual arbitration, rather than in court. The arbitration shall be administered by the American Arbitration Association ("AAA") under its applicable rules, including its Consumer Arbitration Rules where applicable. The arbitration may be conducted remotely (by telephone, videoconference, or online) or in person in or near Greencastle, Pennsylvania, unless the AAA's rules or applicable law require a different location. The arbitrator shall have exclusive authority to resolve all disputes regarding the interpretation, applicability, enforceability, and formation of this arbitration agreement, including any claim that all or any part of this arbitration agreement is void or voidable.
22.3 Small Claims Court Exception. Notwithstanding Section 22.2, either party may bring an individual action in small claims court for disputes or claims within the jurisdictional limits of that court, provided the action remains in small claims court and is brought on an individual (non-class, non-representative) basis.
22.4 Class Action Waiver. YOU AND SPARE SPACE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION, SMALL CLAIMS COURT, OR ANY OTHER FORUM, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU HEREBY KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT YOU MAY HAVE TO PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR SIMILAR PROCEEDING. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, EACH PARTY WAIVES ANY RIGHT TO A JURY TRIAL.
22.5 Arbitration Fees and Costs. Payment of all filing, administration, and arbitrator fees shall be governed by the AAA's applicable rules. If the AAA is not available or declines to administer the arbitration, the parties shall agree on an alternative arbitration administrator, or a court of competent jurisdiction shall appoint one.
22.6 Opt-Out. You may opt out of the arbitration and class action waiver provisions of this Section by sending written notice to Spare Space at support@yoursparespace.com within thirty (30) calendar days of the date you first create an account on the Platform. The notice must include the subject line "Arbitration Opt-Out," your full legal name, the email address associated with your account, and a clear statement that you wish to opt out. Opting out of arbitration does not affect the validity or enforceability of the remaining provisions of these Terms. If you do not timely opt out, you will be bound by this arbitration agreement.
22.7 Severability of Arbitration Provisions. If any portion of this Section 22 is found to be unenforceable, the remaining portions shall remain in full force and effect, except that if the class action waiver in Section 22.4 is found to be unenforceable as to a particular claim, then the entirety of this Section 22 shall be deemed void as to that claim only, and such claim shall proceed in court subject to the governing law provisions of Section 22.1.
23.1 Consent to Electronic Communications. By creating an account or using the Platform, you consent to receive communications from Spare Space electronically, including by email, text message (SMS/MMS), push notification, and in-app notification. You agree that all agreements, notices, disclosures, and other communications that Spare Space provides to you electronically satisfy any legal requirement that such communications be in writing.
23.2 SMS/Text Message Consent. By providing your mobile telephone number to Spare Space, you expressly consent to receive text messages (SMS and MMS) from Spare Space at the number provided, including messages related to your account, Bookings, Listings, payment notifications, promotional offers, and other Platform communications. Message and data rates may apply. You may opt out of promotional text messages at any time by replying STOP to any promotional message or by contacting support@yoursparespace.com. Opting out of promotional messages does not affect transactional messages related to your account, Bookings, or payments, which you will continue to receive as necessary for the operation of your account.
23.3 Telephone Consumer Protection Act (TCPA) Compliance. You represent and warrant that you are the owner or authorized user of the mobile telephone number you provide and that you have the authority to consent to receive text messages at that number. You agree to promptly notify Spare Space if your mobile telephone number changes. You acknowledge that providing your telephone number constitutes your prior express consent under the Telephone Consumer Protection Act (47 U.S.C. § 227) and any applicable state laws to receive the communications described in this Section.
23.4 Electronic Signatures. You agree that clicks on buttons labeled "I Agree," "Accept," "Submit," or similar, as well as checking of agreement checkboxes, constitute your electronic signature and express acceptance, and that such electronic signatures have the same legal force and effect as a handwritten signature under the Electronic Signatures in Global and National Commerce Act (E-SIGN Act) and any applicable state law.
23.5 Notices to Spare Space. Notices to Spare Space under these Terms should be sent to support@yoursparespace.com. Notices sent by email are deemed received on the business day following transmission.
Spare Space shall not be liable for any failure or delay in the performance of its obligations under these Terms to the extent that such failure or delay is caused by circumstances beyond Spare Space's reasonable control, including without limitation acts of God, natural disasters, earthquakes, floods, hurricanes, tornadoes, severe weather events, epidemics, pandemics, public health emergencies, war, terrorism, civil unrest, riots, government actions, sanctions, embargoes, regulatory changes, labor disputes, strikes, lockouts, utility or telecommunications failures, power outages, internet or network disruptions, cyberattacks, data breaches attributable to third parties, acts of third-party service providers (including Stripe), or any other event that is beyond the reasonable control of Spare Space (each, a "Force Majeure Event"). In the event of a Force Majeure Event, Spare Space's obligations shall be suspended for the duration of the event, and Spare Space shall use commercially reasonable efforts to resume performance as soon as practicable. Spare Space shall not be required to settle any labor dispute or take any action inconsistent with its reasonable business judgment in responding to a Force Majeure Event.
25.1 Entire Agreement. These Terms, together with the Privacy Policy and any other policies or agreements expressly incorporated by reference herein, constitute the entire agreement between you and Spare Space with respect to the subject matter hereof and supersede all prior or contemporaneous understandings, agreements, representations, warranties, and communications, whether written or oral, with respect to such subject matter.
25.2 Severability. If any provision of these Terms, or the application thereof to any person or circumstance, is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, void, or unenforceable for any reason, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its original intent, or if modification is not possible, such provision shall be severed from these Terms. The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions, which shall continue in full force and effect.
25.3 Waiver. The failure or delay of Spare Space to exercise or enforce any right, remedy, power, or privilege under these Terms shall not constitute a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege preclude any further exercise thereof or the exercise of any other right, remedy, power, or privilege. No waiver shall be effective unless made in writing and signed by an authorized representative of Spare Space.
25.4 Assignment. You may not assign, transfer, delegate, or sublicense any of your rights or obligations under these Terms without the prior written consent of Spare Space. Spare Space may freely assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, without notice to you, including in connection with a merger, acquisition, corporate reorganization, sale of assets, or by operation of law. Subject to the foregoing, these Terms shall bind and inure to the benefit of the parties, their successors, and permitted assigns.
25.5 No Third-Party Beneficiaries. These Terms are intended solely for the benefit of you and Spare Space and do not confer any rights, remedies, obligations, or benefits upon any third party, except as otherwise expressly provided herein.
25.6 Relationship of the Parties. Nothing in these Terms shall be construed to create a partnership, joint venture, employment, agency, or franchise relationship between you and Spare Space. Neither party has the authority to bind the other or incur obligations on behalf of the other.
25.7 Survival. The following Sections, and any other provisions that by their nature should survive, shall survive the termination or expiration of these Terms and your account: Sections 1 (Marketplace Platform Only), 11 (Disputes Between Users), 12.2 (License to User Content), 12.5–12.6 (Intellectual Property), 13 (Privacy), 16 (Disclaimers), 17 (Assumption of Risk), 18 (Release), 19 (Limitation of Liability), 20 (Indemnification), 22 (Arbitration), 24 (Force Majeure), and 25 (General Provisions).
25.8 Headings. The section headings, subheadings, and titles used in these Terms are for convenience of reference only and shall not affect the meaning, interpretation, or construction of any provision.
25.9 Construction. These Terms shall not be construed against Spare Space merely because Spare Space drafted them. The words "include," "including," and "such as" are illustrative and not exhaustive. References to "Sections" are to sections of these Terms unless otherwise specified.
25.10 Export and Sanctions Compliance. You represent and warrant that you are not located in, under the control of, or a national or resident of any country that is subject to a United States government embargo, and that you are not on any U.S. government list of prohibited or restricted parties.
Spare Space reserves the right to modify, amend, supplement, or replace these Terms at any time, in its sole discretion, by posting updated Terms on the Platform and updating the "Last Updated" date at the top of these Terms. For material changes, Spare Space may also provide notice through the Platform, by email to the address associated with your account, or by other reasonable means. It is your responsibility to review these Terms periodically for changes. Your continued access to or use of the Platform after the posting of any changes constitutes your binding acceptance of the updated Terms. If you do not agree to any updated Terms, you must immediately stop using the Platform and terminate your account in accordance with Section 21.2.
If you have any questions, concerns, or inquiries regarding these Terms of Service, or if you need to contact Spare Space for any reason, you may reach us at:
Spare Space LLC
Email: support@yoursparespace.com
Website: yoursparespace.com
By using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service in their entirety.