General

This website ‘6Storage’ (hereinafter referred to as “Website” or “Site”), is owned by FF 11 ehf., Skolavordustigur 12 Reykjavik 101, operating in the name and style of 6Storage. Please read these Terms of Service carefully before accessing or using our website. You can review the most current version of the Terms of Service at any time on this page.

6Storage offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. By accessing or using any part of the site, you agree to be bound by this Agreement, Privacy Policy as well as rules, guidelines, policies, terms, and conditions applicable to any service / module that is provided by or through this Website, including the Terms and Policies on the Website relating to standalone services that shall be deemed to be incorporated into this Terms of Service and shall be considered as part and parcel of this Terms of Service (collectively “Terms”). If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

Terms

For the purpose of these Terms of Use, as amended, wherever the context so requires “You” or “User” shall mean any natural or legal person who has agreed to become a user of the services provided by 6Storage, or who browses or accesses this site.

The term “We”, “Us”, “Our” shall mean FF 11 ehf., operating as '6Storage'.

“Agreement” shall mean and refer to this Terms of Service, including any amendments that may be incorporated into it and other Policies available on our Website.

"Third Party" shall mean and refer to any natural or legal persons apart from the User and 6Storage.

"Product / Application" shall mean and refer to the storage automation and analytics solutions, and any version of the storage space management software being made available through the Website.

“Application” shall have the same meaning as and any version of the storage space management software being licensed.

“Software” shall be synonymous with the term application, unless otherwise specified.

“Subscribe / Subscription” shall mean the access being granted to the data and use of the application.

“Use” shall mean directly or indirectly activating the processing capabilities of the Software, load, execute access, employ the Software, or display information resulting from such capabilities, including but not limited to employing the proprietary information made available to the customer.

“Intellectual Property Rights” or “IPR” shall mean all intellectual property rights and all analogous rights subsisting under the laws of each and every jurisdiction throughout the world and intellectual property for the full term of the rights concerned and including all extensions and renewals of such rights, whether or not such rights are registered or capable of registration, including, without limitation, copyrights, trademarks, trade names, service marks, service names, patents, designs and all other proprietary rights of whatsoever description whether or not protected and whether or not capable of protection.

“Fees” shall mean the agreed upon fee payable for the Services as set forth herein.

Malicious Code” shall mean code, files, scripts, agents or programs intended to do harm, including, for example, viruses, worms, time bombs and Trojan horses. Additionally, any file, script, program, browser plug-in, browser helper or extension, or any robot or application designed to scrape and collect data or automate the entry of data into our out of Services.

Any features or tools made available on or through the Website shall also be subject to the Terms of Service. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is solely your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Limited License

Subject to this agreement and the Terms, the User is hereby granted a non-exclusive, non-transferable license to use the Application and other Proprietary Information. 6Storage (The “Licensor”) may modify the Agreement at any time. Your continued use of the 6Storage product and/or data derived there from shall constitute your acceptance of such revised Agreement.

The Licensor may at any time assign, transfer or novate all or any part of this Agreement (including its rights and obligations) to any other person without the consent of the licensee.

The Licensee acknowledges the Proprietary nature of the Application, its architecture, logic, data sources and processes and shall do everything within its control to protect its confidentiality.

Licensee shall not have the right to change, alter, copy, amend, reverse engineer, decompile, disassemble, publish, disclose, display or make available, in whole or in part, or otherwise use the Software in any manner whatsoever, except as specified herein.

6Storage, its affiliates, and licensors shall retain all right, title, copyright, patent, trademarks, trade secrets, know-how, and other proprietary and intellectual property rights in the software. The Licensee does not acquire any rights in the software, except as specified and granted in this Agreement, and shall not remove any proprietary, copyright, patent, trademark, design right, trade secret or any other proprietary rights legends from the software.

Licensee shall not modify, resell, distribute, or create derivative works based on the software or any part thereof.

In the event the Application is being made available on third party servers at the User’s request, the User hereby authorises and grants to 6Storage, its employees, affiliates, and licensors, such permissions and authorizations as required for 6Storage to access remote desktop / cloud console of the User, solely for the purposes of carrying out 6Storage’s obligations herein and in accordance with the Terms.

Reservation of Rights

No other rights are granted except as expressly set forth in the Agreement. The Agreement is not a sale and does not convey any rights or ownership in, or to, the Services or any underlying software. We own all right, title, and interest, including all intellectual property rights, in and to the Services and the underlying software and any and all updates, upgrades, modifications, enhancements, Content, improvements or derivative works thereof, and in any idea, know-how, and programs developed by Us or Our licensors during the course of performance of the Services.

Restrictions on Use

To fully avail the services of the Application, you must verify your e-mail ID and / or phone number and provide a password. Alternatively, you may use your social media login credentials to access and use the Application

Without limitation to the foregoing, in the event you are barred from undertaking legally binding obligations under the Indian Contract Act, 1872, or are for any reason, unable to provide ‘consent’ as per the Information Technology Rules, 2011, you are not eligible to register for, use or avail the services available on the Application.

Without limiting any other provisions of these Terms, you may not use this Application for any purpose that is unlawful or prohibited by these Terms and/or any applicable additional terms. Your access of this Application may be terminated immediately, in our sole discretion, with or without notice, if you fail to comply with any provision of these Terms and/or additional terms, or for any other or no reason. You may access your account from only one platform at a time and up to three devices altogether.

Registration

You retain sole responsibility for maintaining the confidentiality of your account, username and password and for all activities and liabilities associated with or occurring under your account, username and password. You must notify us immediately of any unauthorized use of your account, username or password and any other breach of security, and ensure that you exit from your account at the end of each session. We cannot and will not be responsible for any loss or damage arising from your failure to comply with this requirement or as a result of use of your account, username or password, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account, username or password.

You shall not transfer your account to another person, and you may not use anyone else’s account, username or password at any time without the permission of the account holder.

During registration, You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, (b) maintain and promptly update your data to keep it true, accurate, current and complete; and (c) comply with these Terms of Use. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account and refuse any and all current or future use of the App, or any portion thereof.

Authorized Users. You may designate and authorize as many Users as You wish under the Agreement. You (i) are responsible for Your Authorized Users' compliance with the Agreement, and (ii) shall use commercially reasonable efforts to prevent unauthorized access to or use of the Services and shall notify Us immediately of any such unauthorized access or use. It is Your responsibility to remove access to the Services if authorized status of a User or designated employee changes.

Communications

By using this Application, it is deemed that you have consented to receiving telephonic calls, SMSs and/or promotional emails from us. Such communications shall be sent to you on the telephone number and/or email id provided by you for the use of this Application / for the Subscription, or that associated with the social media plugin you use to access the Application. Such communication may be for purposes that inter alia include clarification calls, marketing calls and promotional calls.

User Content

6Storage allows you to post content in the form of alphanumeric data. Any content that you post / share or otherwise make available on or through the Application, including all content made available relating to any storage unit is “User Generated Content”. You retain all rights in, and are solely responsible for, any and all User Generated Content you post to 6Storage, subject to the terms set forth herein. It is hereby clarified that we play no role in User Generated Content with other users, and shall not be liable for any actions or omissions of such user to whom you shared such content. It is further specified that we shall not be liable for any use or sharing of such content by such user.

You shall: (i) have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all data and content that You submit for Your use of the Services; (ii) use commercially reasonable efforts to prevent unauthorized control or tampering or any other unauthorized access to, or use of, the Services and notify Us promptly of any unauthorized use or security breach; (iii) comply with all applicable local, state, federal, and foreign laws (including laws regarding privacy and protection of personal or consumer information) in using the Services; (iv) to the extent applicable, comply with all applicable rules of credit card associations (including American Express, MasterCard and Visa); and (v) obtain and maintain all computer hardware, software and communications equipment needed to access the Services and pay all access charges (e.g., ISP fees) incurred by You in connection with Your use of the Services.

Our use of User Generated Content

You grant 6Storage, its affiliates and concerns, and its Users, a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to store, display, reproduce, and distribute your User Generated Content on 6Storage for the purposes of operating, developing, providing 6Storage services and for its internal purposes. Nothing in these Terms shall restrict other legal rights 6Storage may have to User Generated Content under other licenses. We reserve the right to remove User Generated Content for any reason, including a violation or an apparent violation of these Terms or our policies, as we may solely determine. However, we do not retain the right to modify any User Generated Content, and shall not access the User Generated Content, in the event such access is not required for the purposes of the Services rendered.

Our Use of Anonymous Data. You agree that 6Storage may use the data generated by and stored on Our servers anonymously, for Our own internal business purposes, including but not limited to the development of anonymous marketing and sales collateral materials, statistical analysis of data regarding rental rates, unit availability, traffic sources, vacancy, and other relevant data to construct yield optimization models, and publication solely in an aggregated form of operating data in industry benchmark reports. You shall at all times retain ownership of Your data.

Following termination or deactivation of your account, or your removal of any User Generated Content from 6Storage, we may, but shall not be bound to, retain such Content for a commercially reasonable period of time for backup, archival, or audit purposes. It is specified that 6Storage shall have the right to remove all User Generated Content following termination or deactivation of your account.

Feedback

We value hearing from our users, and are always interested in learning about ways we can make 6Storage more awesome. If you choose to submit comments, ideas or feedback, you agree that we are free to use them without any restriction or compensation to you. By accepting your submission, 6Storage does not waive any rights to use similar or related Feedback previously known to 6Storage, or developed by its employees, or obtained from sources other than you

Intellectual Property Rights

All information, content, services and software displayed on, transmitted through, or used in connection with the Application, including for example text, photographs, images, illustrations, audio clips, video, html, source and object code, trademarks, logos, and the like (collectively and hereinafter referred to as the “Content”), as well as its selection and arrangement, is owned by us or other Third Parties. You may use the App Content only through the Application, and solely for your personal, non-commercial use.

You may not republish any portion of the Content on any Internet, intranet or extranet site or incorporate the Content in any database, compilation, archive or cache. You may not distribute any Content to others, whether or not for payment or other consideration, and you may not modify, copy, frame, cache, reproduce, sell, publish, transmit, display or otherwise use any portion of the Content. You may not scrape or otherwise copy the Content without permission. You agree not to decompile, reverse engineer or disassemble any software or other products or processes accessible through the Application; not to insert any code or product or manipulate the content of the Application in any way that affects the user's experience, and not to use any data mining, data gathering or extraction method.

Modules and Features

6Storage Management Software - We offer a facility management hosted software service with options including lead tracking, Facility Units and reporting. The Term identifies (a) the Subscription Fees payable by You to 6Storage (b) the term of Your subscription to 6Storage Management Software and the related facility management Supplemental Services You are subscribing for, and (c) the number of Units for which You may use 6Storage Management Software and the related Supplemental Services You have subscribed to.

6Storage Marketing Website. We offer online marketing services with options including a hosted website with mobile functionality, lead tracking, Search Engine Optimization (SEO), and a content management system (CMS). The terms identifies (a) the Subscription Fees payable by You to 6Storage, (b) the term of Your subscription to 6Storage Marketing Software and the related online marketing services You are subscribing for, and (c) the number Units for which You may use 6Storage Marketing Software and the related online marketing services You have subscribed to.

6Storage Pooled services. We offer an optional Integrated service with options in the Management software for site settings ,payment processing and automatic Invoice. (a) the Subscription Fees payable by You to 6Storage (b) the term of Your subscription to 6Storage Management Software and the related facility management Supplemental Services You are subscribing for, and(c) the number of Units for which You may use 6Storage Management Software and the related Supplemental Services You have subscribed to.

We will use commercially reasonable efforts to provide, at no additional charge to You, technical support services to You and Your authorized Users who have subscribed to the Services. You may contact customer support by emailing us at support@6storage.com.

No Fee for Training. Provided You have paid all Fees payable by You for the Service, We shall make available Our standard training services (by way of remote, live or recorded training sessions) to Your designated, named and authorized Users as well as provide tutorials which are accessible via the 6Storage Marketing Software at no additional charge.

Expanding the Services. From time to time We may make available on a general release basis additional service offerings. Any such additional service offering would be available on a general release basis, and should You wish to subscribe, access or use such service, via an online signup or workflow. Nothing in this Section should be construed to imply or promise that additional functionality, features, products will be available. Rather, in the event that new services are made available, such Services shall be subject to these General Terms of Services and any additional terms and conditions that may specifically apply to such additional Services.

Fees

Service Fees. You shall pay the Fees for the Services in the amount according to the billing frequency. Service Fees shall be due and payable on the date of the invoice and must be received by Us within 20 days of the date of invoice. Fees may be increased at the time of renewal of any initial term or then current term based upon Our then-current fees. All Service Fees are non-refundable even if You terminate Your subscription early.

Late Payments. You acknowledge that Your failure to pay any fees or charges when due may result in suspension or termination of the Services. If You fail to pay any of the Fees or charges due hereunder, 6Storage reserves the right to engage a collections agency to collect the fees and charges and You acknowledge and agree that You shall pay all costs incurred by Us in connection with the collection of such past due amounts, including, without limitation, reasonable attorneys’ and collections agencies’ fees plus interest in an amount equal to the lesser of 1.0% per month or the maximum rate permitted by applicable law.

Taxes. You shall be responsible for all sales tax, use tax, value added taxes, withholding taxes and any other similar taxes and charge of any kind imposed by federal, state or local governmental entity on the transactions contemplated by the Agreement. When We have the legal obligation to pay or collect taxes for which You are responsible, the appropriate amount shall be invoiced to and thereafter paid by You unless You provide Us with a valid tax exemption certificate authorized by the appropriate taxing authority.

Refund and Cancellation

It is hereby specified that we shall be under no obligation to refund, in whole, or in part, any subscription amount paid by the User to avail Services through 6Storage. It is specified that we retain all rights to alter the subscription amounts payable by the User, at all points in time. It is further specified that in the event of a change in subscription amounts payable by a User in the course of the subscription duration, we reserve all rights to direct the User to pay the amended subscription amount, failing which we shall have the right to suspend the subscription of the user till such time as complete payment has been made. It is clarified that this right shall be exercisable solely at the discretion of 6Storage.

User’s Obligations / Representations and Warranties

You are responsible for all activities that occur under Your use of the services and the use by Your authorized Users.

The User undertakes to fulfil the following obligations, the failure to satisfy any of which gives us the right to permanently suspend your account and/or claim damages for any losses that accrue to us or additional costs that may be imposed on us.

You hereby represent and warrant that you are at least 18 years of age or are of legal age to consent and enter into legally binding obligations in your Jurisdiction. You agree to comply with all local laws and regulations governing the downloading, installation and/or use of the Application, including, without limitation, any usage rules set forth in this Agreement.

You may not, and You shall ensure Your authorized users do not,

(a) Cut, copy, distribute, modify, recreate, reverse engineer, distribute, post, publish or create derivative works from, transfer, or sell any information or software obtained from the Application via any media or forum, offline or online, save through the Application itself. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Application is not permitted. It is clarified that this clause shall not be applicable to sharing of content as authorised and permitted through the Application.

(b) Access (or attempt to access) the Application and/or the materials or posts on any network by any means other than through the interface that is provided by the Application. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Application or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Application, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Application is prohibited. You acknowledge and agree that by accessing or using the Application, You may be exposed to content from other Users or Third Parties that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Application.

(c) use the Application in any manner that may impair, overburden, damage, disable or otherwise compromise 6Storage’s services.

(d) use the modules, features, or information made available through 6Storage to further any unlawful purposes or to conduct any unlawful activity, including, but not limited to, fraud, embezzlement, money laundering or identity theft.

(e) use the modules, features, or information made available through 6Storage to abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;

(f) engage in any activity that interferes with or disrupts access to the Application or the Services (or the servers and networks which are connected to the Application);

(g) probe, scan or test the vulnerability of the Application or any network connected to the Application, nor breach the security or authentication measures on the Application or any network connected to the Application. You may not reverse look-up, trace or seek to trace any information on any other user of the Application, or exploit the Application or Services or information made available or offered by or through the Application, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as required;

(h) disrupt or interfere with the security of, or otherwise cause harm to, the Application, systems resources, servers or networks connected to or accessible through the Applications or any affiliated or linked applications;

(i) violate any applicable laws or regulations for the time being in force within or outside India;

(j) license, sublicense, sell, rent , assign, distribute, time share transfer, lease, loan, resell, distribute or otherwise commercially exploit, grant rights in or make the Services available to any third party;

(k) threaten the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or cause incitement to the commission of any cognizable offence or investigation of any offence or is insulting any other nation; or

(l) violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;

(m) use the Services to transmit infringing, libelous, obscene, threatening, Malicious Code, or otherwise unlawful, unsafe, abusive or tortious material, or to store or transmit material in violation of third-party privacy rights;

(n) use the Service to store or transmit any Malicious Code or unsolicited messages in violation of applicable laws.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk.

The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility.

You agree to indemnify, defend and hold harmless 6Storage and our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. The Terms are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Confidential Information

The Software may include confidential information that is secret and valuable to 6Storage. You are not entitled to use or disclose that confidential information other than strictly in accordance with the terms of these Terms. You expressly give 6Storage permission to include and publish Your name and logo on lists of 6Storagecustomers for the Licensed Products.

Your Confidential Information includes Your Data; Our Confidential Information includes the Services and Content; and Confidential Information of each party includes the terms and conditions of this Agreement and all Order Forms (including pricing), as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.

The Receiving Party will use the same degree of care that it uses to protect the confidentiality of its own confidential information of like kind (but not less than reasonable care) (i) not to use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Terms, and (ii) except as otherwise authorized by the Disclosing Party in writing, to limit access to Confidential Information of the Disclosing Party to those of its and its Affiliates’ employees and contractors who need that access for purposes consistent with this Agreement and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein.

Jurisdiction

This agreement is governed and construed in accordance with the Laws of Union of India. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Chennai, Tamil Nadu, India, in all disputes arising out of or relating to the use of 6Storage services. Use of 6Storag services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree to indemnify and hold 6Storage, its subsidiaries, affiliates, officers, directors, employees, and representatives harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on 6Storage services.

Linked Sites

The Services or Our website may include links to third party sites ("Linked Sites"). The Linked Sites are not under Our control and We are not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site or the Services provided via a Linked Site. We are providing these links to You only as a convenience, and the inclusion of any link does not imply endorsement by Us of the site or any associated services provided by the site.

Entire Agreement

The failure by us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

Contact Information

Questions about the Terms of Service should be sent to us at support@6storage.com.