Terms & Privacy

Currently being revised. Tentative: March 1, 2021

Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the Logistify AI Platform, you agree to comply with and be bound by these Terms.

These Terms constitute a legally binding agreement ("Agreement") between you and Logistify AI (as defined below) governing your access to and use of the Logistify AI website, including any subdomains thereof, and any other websites through which Logistify AI makes its services available

Table of Contents

Scope of Logistify AI Services

1.1 The Logistify AI Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Warehouse Partners” and the services they offer are “Warehouse Partner Services”) to publish such Warehouse Partner Services on the Logistify AI Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Warehouse Partner Services (Members using Warehouse Partner Services are “Shippers”). Warehouse Partner Services may include the offering of storage space or other properties for use ("Warehouses") and a variety of other warehousing and non-warehousing related services.

1.2 As the provider of the Logistify AI Platform, Logistify AI does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Warehouse Partner Services, nor is Logistify AI an organiser or retailer of warehousing packages under Directive (EU) 2015/2302. Warehouse Partners alone are responsible for their Listings and Warehouse Partner Services. When Members make or accept a booking, they are entering into a contract directly with each other. Logistify AI is not and does not become a party to or other participant in any contractual relationship between Members, nor is Logistify AI a logistics broker or insurer. Logistify AI is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.

1.3 While we may help facilitate the resolution of disputes, Logistify AI has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Warehouse Partner Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. Logistify AI does not endorse any Member, Listing or Warehouse Partner Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by Logistify AI about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to rent Warehouse or use other Warehouse Partner Services, accept a booking request from a Shipper, or communicate and interact with other Members, whether online or in person. Verified Images (as defined below) are intended only to indicate a photographic representation of a Listing at the time the photograph was taken, and are therefore not an endorsement by Logistify AI of any Warehouse Partner or Listing.

1.4 If you choose to use the Logistify AI Platform as a Warehouse Partner or Co-Warehouse Partner (as defined below), your relationship with Logistify AI is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of Logistify AI for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of Logistify AI. Logistify AI does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Warehouse Partner Services. You acknowledge and agree that you have complete discretion whether to list Warehouse Partner Services or otherwise engage in other business or employment activities.

1.5 To promote the Logistify AI Platform and to increase the exposure of Listings to potential Shippers, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. Logistify AI cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The Logistify AI Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.

1.6 The Logistify AI Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Logistify AI is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Logistify AI of such Third-Party Services.

1.7 Due to the nature of the Internet, Logistify AI cannot guarantee the continuous and uninterrupted availability and accessibility of the Logistify AI Platform. Logistify AI may restrict the availability of the Logistify AI Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Logistify AI Platform. Logistify AI may improve, enhance and modify the Logistify AI Platform and introduce new Logistify AI Services from time to time.

Eligibility, Using the Logistify AI Platform, Member Verification

2.1 In order to access and use the Logistify AI Platform or register an Logistify AI Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.

2.2 You will comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Warehouse Partner Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

2.3 Logistify AI may make access to and use of the Logistify AI Platform, or certain areas or features of the Logistify AI Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.

2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions or sex offender registrations or an equivalent version of background or registered sex offender checks in your local jurisdiction (if available).

2.5 The access to or use of certain areas and features of the Logistify AI Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the Logistify AI Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the Logistify AI Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.

2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the Logistify AI Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

Modification of these Terms

Logistify AI reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the Logistify AI Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the Logistify AI Platform will constitute acceptance of the revised Terms.

Account Registration

4.1 You must register an account ("Logistify AI Account") to access and use certain features of the Logistify AI Platform, such as publishing or booking a Listing. If you are registering an Logistify AI Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

4.2 You can register an Logistify AI Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your Logistify AI Account and your SNS Account at any time, by accessing the "Settings" section of the Logistify AI Platform.

4.3 You must provide accurate, current and complete information during the registration process and keep your Logistify AI Account and public Logistify AI Account profile page information up-to-date at all times.

4.4 You may not register more than one (1) Logistify AI Account unless Logistify AI authorizes you to do so. You may not assign or otherwise transfer your Logistify AI Account to another party.

4.5 You are responsible for maintaining the confidentiality and security of your Logistify AI Account credentials and may not disclose your credentials to any third party. You must immediately notify Logistify AI if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Logistify AI Account. You are liable for any and all activities conducted through your Logistify AI Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

4.6 Logistify AI may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Logistify AI Account. For example, we may enable Members to link their Logistify AI Accounts to businesses and take actions for those businesses, we may enable eligible Members or certain third parties to book Listings on behalf of other Members, or we may enable Warehouse Partners to add other Members as Co-Warehouse Partners (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by Logistify AI to ask for your credentials, and you shall not request the credentials of another Member.

Content

5.1 Logistify AI may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Logistify AI Platform ("Member Content"); and (ii) access and view Member Content and any content that Logistify AI itself makes available on or through the Logistify AI Platform, including proprietary Logistify AI content and any content licensed or authorized for use by or through Logistify AI from a third party ("Logistify AI Content" and together with Member Content, "Collective Content").

5.2 The Logistify AI Platform, Logistify AI Content, and Member Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Logistify AI Platform and Logistify AI Content, including all associated intellectual property rights, are the exclusive property of Logistify AI and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Logistify AI Platform, Logistify AI Content or Member Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Logistify AI used on or in connection with the Logistify AI Platform and Logistify AI Content are trademarks or registered trademarks of Logistify AI in the United States and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Logistify AI Platform, Logistify AI Content, and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

5.3 You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Logistify AI Platform or Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Logistify AI or its licensors, except for the licenses and rights expressly granted in these Terms.

5.4 Subject to your compliance with these Terms, Logistify AI grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the Logistify AI Platform and accessible to you, solely for your personal and non-commercial use.

5.5 By creating, uploading, posting, sending, receiving, storing, or otherwise making available any Member Content on or through the Logistify AI Platform, you grant to Logistify AI a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such Member Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Member Content to provide and/or promote the Logistify AI Platform, in any media or platform. Insofar as Member Content (including Verified Images) includes personal information, such Member Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Unless you provide specific consent, Logistify AI does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content.

5.6 Logistify AI may offer Warehouse Partners the option of having professional photographers take photographs of their Warehouse Partner Services, which are made available by the photographer to Warehouse Partners to include in their Listings with or without a watermark or tag bearing the words "Logistify AI.com Verified Photo" or similar wording ("Verified Images"). You are responsible for ensuring that your Warehouse Partner Service is accurately represented in the Verified Images and you will stop using the Verified Images on or through the Logistify AI Platform if they no longer accurately represent your Listing, if you stop Warehouse Partnering the Warehouse Partner Service featured, or if your Logistify AI Account is terminated or suspended for any reason. You acknowledge and agree that Logistify AI shall have the right to use any Verified Images in accordance with Section 5.5 for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Where Logistify AI is not the exclusive owner of Verified Images, by using such Verified Images on or through the Logistify AI Platform, you grant to Logistify AI an exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to use such Verified Images for advertising, marketing and/or any other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation to you. Logistify AI in turn grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to use Verified Images outside of the Logistify AI Platform solely for your personal and non-commercial use.

5.7 You are solely responsible for all Member Content that you make available on or through the Logistify AI Platform. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available on or through the Logistify AI Platform or you have all rights, licenses, consents and releases that are necessary to grant to Logistify AI the rights in and to such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Logistify AI's use of the Member Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

5.8 You will not post, upload, publish, submit or transmit any Member Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates Logistify AI’s Content Policy or any other Logistify AI policy. Logistify AI may, without prior notice, remove or disable access to any Member Content that Logistify AI finds to be in violation of applicable law, these Terms or Logistify AI’s then-current Policies or Standards, or otherwise may be harmful or objectionable to Logistify AI, its Members, third parties, or property.

5.9 Logistify AI respects copyright law and expects its Members to do the same. If you believe that any content on the Logistify AI Platform infringes copyrights you own, please notify us in accordance with our Copyright Policy.

Service Fees

6.1 Logistify AI may charge fees to Warehouse Partners ("Warehouse Partner Fees") and/or Shippers ("Shipper Fees") (collectively, "Service Fees") in consideration for the use of the Logistify AI Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.

6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Warehouse Partner or Shipper prior to publishing or booking a Listing. Logistify AI reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective. Such fee changes will not affect any bookings made prior to the effective date of the fee change.

6.3 You are responsible for paying any Service Fees that you owe to Logistify AI. The applicable Service Fees (including any applicable Taxes) are collected by Logistify AI Payments. Logistify AI Payments will deduct any Warehouse Partner Fees from the Listing Fee before remitting the payout to the Warehouse Partner. Any Shipper Fees are included in the Total Fees collected by Logistify AI Payments. Except as otherwise provided on the Logistify AI Platform, Service Fees are non-refundable.

Terms specific for Warehouse Partners

7.1 Terms applicable to all Listings 7.1.1 When creating a Listing through the Logistify AI Platform you must (i) provide complete and accurate information about your Warehouse Partner Service (such as listing description, location, and calendar availability), (ii) disclose any deficiencies, restrictions (such as Warehouse rules) and requirements that apply and (iii) provide any other pertinent information requested by Logistify AI. You are responsible for keeping your Listing information (including calendar availability) up-to-date at all times.

7.1.2 You are solely responsible for setting a price (including any Taxes if applicable, or charges such as cleaning fees) for your Listing (“Listing Fee”). Once a Shipper requests a booking of your Listing, you may not request that the Shipper pays a higher price than in the booking request.

7.1.3 Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms or the relevant cancellation policy for your Listing.

7.1.4 Logistify AI may enable certain Warehouse Partners to participate in its “Open Homes Program.” The Open Homes Program enables Warehouse Partners to provide Listings to certain Shippers, such as refugees or evacuees, for free. You acknowledge that if you choose to participate in the Open Homes Program, your ability to restrict your Listing to certain Shippers, such as Shippers with previous positive Reviews, may be limited.

7.1.5 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality and condition of your Warehouse Partner Services. Logistify AI reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.

7.1.6 The placement and ranking of Listings in search results on the Logistify AI Platform may vary and depend on a variety of factors, such as Shipper search parameters and preferences, Warehouse Partner requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, Reviews and Ratings, type of Warehouse Partner Service, and/or ease of booking. More information about the factors that determine how your Listing appears in search results can be found on our help center.

7.1.7 When you accept or have pre-approved a booking request by a Shipper, you are entering into a legally binding agreement with the Shipper and are required to provide your Warehouse Partner Service(s) to the Shipper as described in your Listing when the booking request is made. You also agree to pay the applicable Warehouse Partner Fee and any applicable Taxes.

7.1.8 Logistify AI recommends that Warehouse Partners obtain appropriate insurance for their Warehouse Partner Services. Please review any respective insurance policy carefully, and in particular make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Shippers (and the individuals the Shipper has booked for, if applicable) while renting at your Warehouse or other Warehouse Partner Service.

7.2 Listing Warehouses 7.2.1 Unless expressly allowed by Logistify AI, you may not list more than one Warehouse per Listing.

7.2.2 If you choose to require a security deposit for your Warehouse, you must specify this in your Listing ("Security Deposit"). Warehouse Partners are not allowed to ask for a Security Deposit (i) after a booking has been confirmed or (ii) outside of the Logistify AI Platform.

7.2.3 You represent and warrant that any Listing you post and the booking of, or a Shipper's rent at, a Warehouse will (i) not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, or other agreements, and (ii) comply with all applicable laws (such as zoning laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Warehouse Partner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Warehouse at your request or invitation, excluding the Shipper and any individuals the Shipper invites to the Warehouse.

7.3 Listing other Warehouse Partner Services Warehouse Partners who list Warehouse Partner Services other tha Warehouses agree to and are subject to the Additional Terms for Warehouse Partners.

7.4 Co-Warehouse Partners 7.4.1 Logistify AI may enable Warehouse Partners to authorize other Members (“Co-Warehouse Partners”) to administer the Warehouse Partner’s Listing(s), and to bind the Warehouse Partner and take certain actions in relation to the Listing(s) as permitted by the Warehouse Partner, such as accepting booking requests, messaging and welcoming Shippers, and updating the Listing Fee and calendar availability (collectively, “Co-Warehouse Partner Services”). Any agreement formed between Warehouse Partner and Co-Warehouse Partner may not conflict with these Terms, the Payments Terms, or any other Policies applicable to your Warehouse Partner Service(s). Co-Warehouse Partners may only act in an individual capacity and not on behalf of a company or other organization, unless expressly authorized by Logistify AI. Logistify AI reserves the right, in our sole discretion, to limit the number of Co-Warehouse Partners a Warehouse Partner may invite for each Listing and to limit the number of Listings a Co-Warehouse Partner may manage.

7.4.2 Warehouse Partners should exercise due diligence and care when deciding who to add as a Co-Warehouse Partner to their Listing(s). Warehouse Partners remain solely responsible and liable for any and all Listings and Member Content published on the Logistify AI Platform, including any Listing created by a Co-Warehouse Partner on their behalf. Further, Warehouse Partners remain responsible and liable for their own acts and omissions, including, but not limited to, conduct that causes harm or damage to the Co-Warehouse Partner(s). Co-Warehouse Partners remain responsible and liable for their own acts and omissions when engaging in their roles and responsibilities as a Co-Warehouse Partner, including, but not limited to, conduct that causes harm or damage to the Warehouse Partner. In addition, both Warehouse Partner and Co-Warehouse Partner are jointly responsible and severally liable for third party claims, including Shipper claims, arising from the acts and omissions of the other person as related to Warehouse Partnering activities, communications with Shippers, and the provision of any Co-Warehouse Partner Services.

7.4.3 Unless agreed otherwise by Warehouse Partner and Co-Warehouse Partner, Warehouse Partner and Co-Warehouse Partner may terminate the Co-Warehouse Partner agreement at any time. In addition, both Warehouse Partner and Co-Warehouse Partner acknowledge that their Co-Warehouse Partnering relationship will terminate in the event that Logistify AI (i) terminates the Co-Warehouse Partner service or (ii) terminates either party’s participation in the Co-Warehouse Partner service. When the Co-Warehouse Partner agreement is terminated, the Warehouse Partner will remain responsible for all of the Co-Warehouse Partner’s actions prior to the termination, including the responsibility to fulfill any pending or future bookings initiated prior to the termination. When a Member is removed as a Co-Warehouse Partner, that Member will no longer have access to any Warehouse Partner or Shipper information related to the applicable Warehouse Partner’s Listing(s).

7.4.4 As a Co-Warehouse Partner, you will not be reviewed by Shippers, meaning that your Co-Warehouse Partner activities will not affect your Reviews or Ratings for other Listings for which you are a Warehouse Partner. Instead, the Warehouse Partner of such Listing(s) will be reviewed by Shippers (including potentially on the basis of the Co-Warehouse Partner’s conduct and performance). Warehouse Partners acknowledge that Reviews and Ratings from Shippers for their Listing(s) may be impacted by a Co-Warehouse Partner’s conduct and performance.

Terms specific for Shippers

8.1 Terms applicable to all bookings 8.1.1 Subject to meeting any requirements (such as completing any verification processes) set by Logistify AI and/or the Warehouse Partner, you can book a Listing available on the Logistify AI Platform by following the respective booking process. All applicable fees, including the Listing Fee, Security Deposit (if applicable), Shipper Fee and any applicable Taxes (collectively, “Total Fees”) will be presented to you prior to booking a Listing. You agree to pay the Total Fees for any booking requested in connection with your Logistify AI Account.

8.1.2 Upon receipt of a booking confirmation from Logistify AI, a legally binding agreement is formed between you and your Warehouse Partner, subject to any additional terms and conditions of the Warehouse Partner that apply, including in particular the applicable cancellation policy and any rules and restrictions specified in the Listing. Logistify AI Payments will collect the Total Fees at the time of the booking request or upon the Warehouse Partner’s confirmation pursuant to the Payments Terms. For certain bookings, Shippers may be required to pay or have the option to pay in multiple installments.

8.1.3 If you book a Warehouse Partner Service on behalf of additional Shippers, you are required to ensure that every additional Shipper meets any requirements set by the Warehouse Partner, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Warehouse Partner.

8.1.4 Logistify AI may enable a Shipper who is booking a Listing on behalf of one or more additional Shippers (the “Organizer”) to split the payment of the Total Fees for an eligible booking on a pro-rata basis between the Organizer and at least one other additional Shipper (each a “Co-Payer”) (the “Group Payment Service”). In order to participate in the Group Payment Service, each Co-Payer must have or register an Logistify AI Account prior to making a payment. All payments via the Group Payment Service are handled by Logistify AI Payments and are subject to the Group Payment Terms of Service.

8.2 Booking Warehouses 8.2.1 You understand that a confirmed booking of a Warehouse (“Warehouse Booking”) is a limited license granted to you by the Warehouse Partner to enter, occupy and use the Warehouse for the duration of your rent, during which time the Warehouse Partner (only where and to the extent permitted by applicable law) retains the right to re-enter the Warehouse, in accordance with your agreement with the Warehouse Partner.

8.2.2 You agree to leave the Warehouse no later than the checkout time that the Warehouse Partner specifies in the Listing or such other time as mutually agreed upon between you and the Warehouse Partner. If you rent past the agreed upon checkout time without the Warehouse Partner's consent (“Overrent”), you no longer have a license to rent in the Warehouse and the Warehouse Partner is entitled to make you leave in a manner consistent with applicable law. In addition, you agree to pay, if requested by the Warehouse Partner, for each twenty-four (24) hour period (or any portion thereof) that you Overrent, an additional nightly fee of up to two (2) times the average nightly Listing Fee originally paid by you to cover the inconvenience suffered by the Warehouse Partner, plus all applicable Shipper Fees, Taxes, and any legal expenses incurred by the Warehouse Partner to make you leave (collectively, "Overrent Fees"). Overrent Fees for late checkouts on the checkout date that do not impact upcoming bookings may be limited to the additional costs incurred by the Warehouse Partner as a result of such Overrent. If you Overrent at a Warehouse, you authorize Logistify AI (via Logistify AI Payments) to charge you to collect Overrent Fees. A Security Deposit, if required by a Warehouse Partner, may be applied to any Overrent Fees due for a Shipper’s Overrent.

8.3 Booking other Warehouse Partner Services 8.3.1 You should carefully review the description of any Warehouse Partner Service you intend to book to ensure you (and any additional Shippers you are booking for) meet any requirements which the Warehouse Partner has specified in their Listing. At your sole discretion you may want to inform the Warehouse Partner of any medical or physical conditions, or other circumstances that may impact your and any additional Shipper’s ability to participate in any Warehouse Partner Service. In addition, certain laws, like the minimum legal drinking age in the location of the Warehouse Partner Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in a Warehouse Partner Service.

8.3.2 Before and during a Warehouse Partner Service you must at all times adhere to the Warehouse Partners’ instructions.

8.3.3 You may not bring any additional individuals to a Warehouse Partner Service unless such an individual was added by you as an additional Shipper during the booking process on the Logistify AI Platform.

8.4 Logistify AI warehousing Credits

Logistify AI warehousing Credits may be redeemed for eligible bookings via the Logistify AI Platform as specified in the terms and conditions provided with the warehousing Credit. You may only redeem Logistify AI warehousing Credits after the Logistify AI warehousing Credits are reflected in your Logistify AI Account.

Booking Modifications, Cancellations and Refunds, Resolution Center

9.1 Warehouse Partners and Shippers are responsible for any modifications to a booking that they make via the Logistify AI Platform or direct Logistify AI customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Warehouse Partner Fees or Shipper Fees and/or Taxes associated with such Booking Modifications.

9.2 Shippers can cancel a confirmed booking at any time pursuant to the Listing’s cancellation policy set by the Warehouse Partner, and Logistify AI Payments will refund the amount of the Total Fees due to the Shipper in accordance with such cancellation policy. Unless extenuating circumstances exist, any portion of the Total Fees due to the Warehouse Partner under the applicable cancellation policy will be remitted to the Warehouse Partner by Logistify AI Payments pursuant to the Payments Terms.

9.3 If a Warehouse Partner cancels a confirmed booking, the Shipper will receive a full refund of the Total Fees for such booking. In some instances, Logistify AI may allow the Shipper to apply the refund to a new booking, in which case Logistify AI Payments will credit the amount against the Shipper’s subsequent booking at the Shipper’s direction. Further, Logistify AI may publish an automated review on the Listing cancelled by the Warehouse Partner indicating that a booking was cancelled. In addition, Logistify AI may (i) keep the calendar for the Listing unavailable or blocked for the dates of the cancelled booking, and/or (ii) impose a cancellation fee, unless the Warehouse Partner has a valid reason for cancelling the booking pursuant to Logistify AI’s Extenuating Circumstances Policy or has legitimate concerns about the Shipper’s behavior.

9.4 For Warehouse Partner Services, if weather poses a safety risk to Shippers, or if it prevents a Warehouse Partner from carrying out a Warehouse Partner Service that takes place primarily outdoors, Warehouse Partners may cancel the Warehouse Partner Service. Warehouse Partners may also cancel the Warehouse Partner Service if other conditions exist that would prevent the Warehouse Partner from offering the Warehouse Partner Service safely.

9.5 In certain circumstances, Logistify AI may decide, in its sole discretion, that it is necessary to cancel a pending or confirmed booking and initiate corresponding refunds and payouts. This may be for reasons set forth in Logistify AI's Extenuating Circumstances Policy or (i) where Logistify AI believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Logistify AI, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.

9.6 If a Shipper who books a Warehouse suffers a warehousing Issue as defined in the Shipper Refund Policy, Logistify AI may determine, in its sole discretion, to refund the Shipper part or all of the Total Fees in accordance with the Shipper Refund Policy. If a Shipper who books a Warehouse Partner Service suffers a warehousing Issue as defined in the Shipper Refund Policy, Logistify AI may determine, in its sole discretion, to refund the Shipper part or all of the Total Fees in accordance with the Shipper Refund Policy.

9.7 If a Shipper or Logistify AI cancels a confirmed booking, and the Shipper receives a refund in accordance with the Shipper Refund Policy, Extenuating Circumstances Policy, or the applicable cancellation policy set by the Warehouse Partner and mentioned in the Listing, after the Warehouse Partner has already been paid, Logistify AI Payments will be entitled to recover the amount of any such refund from the Warehouse Partner, including by subtracting such refund amount out from any future Payouts due to the Warehouse Partner.

9.8 Except as otherwise set out in these Terms, Members may use the Resolution Center to send or request money for refunds, additional Warehouse Partner Services or Damage Claims related to bookings. You agree to pay all amounts sent through the Resolution Center in connection with your Logistify AI Account, and Logistify AI Payments will handle all such payments.

Ratings and Reviews

10.1 Within a certain timeframe after completing a booking, Shippers and Warehouse Partners can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of Logistify AI. Ratings and Reviews are not verified by Logistify AI for accuracy and may be incorrect or misleading.

10.2 Ratings and Reviews by Shippers and Warehouse Partners must be accurate and may not contain any offensive or defamatory language. Ratings and Reviews are subject to Section 5 and must comply with Logistify AI’s Content Policy and Extortion Policy.

10.3 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.

10.4 Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the Logistify AI Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.

Damage to Warehouses, Disputes between Members

11.1 As a Shipper, you are responsible for leaving the Warehouse (including any personal or other property located at the Warehouse) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Warehouse, excluding the Warehouse Partner (and the individuals the Warehouse Partner invites to the Warehouse, if applicable).

11.2 If a Warehouse Partner claims and provides evidence that you as a Shipper have damaged a Warehouse or any personal or other property at a Warehouse ("Damage Claim"), the Warehouse Partner can seek payment from you through the Resolution Center. If a Warehouse Partner escalates a Damage Claim to Logistify AI, you will be given an opportunity to respond. If you agree to pay the Warehouse Partner, or Logistify AI determines in its sole discretion that you are responsible for the Damage Claim, Logistify AI via Logistify AI Payments will, after the end of your rent, collect any such sums from you and/or against the Security Deposit (if applicable) required to cover the Damage Claim pursuant to the Payments Terms. Logistify AI also reserves the right to otherwise collect payment from you and pursue any remedies available to Logistify AI in this regard in situations in which you are responsible for a Damage Claim, including, but not limited to, in relation to any payment requests made by Warehouse Partners under the Logistify AI Warehouse Partner Guarantee or Japa Warehouse Partner Insurance.

11.3 Members agree to cooperate with and assist Logistify AI in good faith, and to provide Logistify AI with such information and take such actions as may be reasonably requested by Logistify AI, in connection with any Damage Claims or other complaints or claims made by Members relating to (i) Warehouses or any personal or other property located at a Warehouse (including, without limitation, payment requests made under the Logistify AI Warehouse Partner Guarantee), (ii) Co-Warehouse Partner agreements. A Member shall, upon Logistify AI's reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Logistify AI or a third party selected by Logistify AI or its insurer, with respect to losses for which a Member is requesting payment from Logistify AI (including but not limited to payments under the Logistify AI Warehouse Partner Guarantee or payment under Japa Warehouse Partner Insurance).

11.4 If you are a Shipper or a Co-Warehouse Partner, you understand and agree that Logistify AI may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused, or been responsible for, to any personal or other property (including a Warehouse) of the Warehouse Partner (including without limitation amounts paid by Logistify AI under the Logistify AI Warehouse Partner Guarantee or amounts paid under Japa Warehouse Partner Insurance). You agree to cooperate with and assist Logistify AI in good faith, and to provide Logistify AI with such information as may be reasonably requested by Logistify AI, to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as Logistify AI may reasonably request to assist Logistify AI in accomplishing the foregoing.

Rounding off

Logistify AI generally supports payment amounts that are payable from or to Shippers or Warehouse Partners to the smallest unit supported by a given currency (i.e., U.S. cents, Euro cents or other supported currencies). Where Logistify AI’s third-party payment services provider does not support payments in the smaller unit supported by a given currency, Logistify AI may, in its sole discretion, round up or round down the displayed amounts that are payable from or to Shippers or Warehouse Partners to the nearest whole functional base unit in which the currency is denominated (i.e. to the nearest dollar, Euro or other supported currency); for example, Logistify AI may round up an amount of $101.50 to $102.00, and round down an amount of $101.49 to $101.00.

Taxes

13.1 As a Warehouse Partner you are solely responsible for determining your obligations to report, collect, remit or include in your Listing Fees any applicable VAT or other indirect sales taxes, occupancy tax, tourist or other visitor taxes or income taxes ("Taxes").

13.2 Tax regulations may require us to collect appropriate Tax information from Warehouse Partners, or to withhold Taxes from payouts to Warehouse Partners, or both. If a Warehouse Partner fails to provide us with the required documentation under applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to withhold payouts up to the tax-relevant amount as required by law, until resolution.

13.3 You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where your Warehouse is located may require Taxes to be collected from Shippers or Warehouse Partners on Listing Fees, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the Listing Fees set by Warehouse Partners, a set amount per day, or other variations, and are sometimes called "transient occupancy taxes," "hotel taxes," "lodging taxes," "city taxes," "room taxes" or "tourist taxes" ("Occupancy Taxes").

13.4 In certain jurisdictions, Logistify AI may decide in its sole discretion to facilitate collection and remittance of Occupancy Taxes from or on behalf of Shippers or Warehouse Partners, in accordance with these Terms ("Collection and Remittance") if such jurisdiction asserts Logistify AI or Warehouse Partners have an Occupancy Tax collection and remittance obligation. In any jurisdiction in which we decide to facilitate direct Collection and Remittance, you hereby instruct and authorize Logistify AI (via Logistify AI Payments) to collect Occupancy Taxes from Shippers on the Warehouse Partner's behalf at the time Listing Fees are collected, and to remit such Occupancy Taxes to the Tax Authority. In other jurisdictions Logistify AI may decide in its sole discretion to collect Occupancy Taxes and remit such Taxes to eligible and qualifying Warehouse Partners, based on tax information supplied by the Warehouse Partner, for ultimate reporting and remittance by such Warehouse Partner to the Tax Authority (“Pass-Through Tax Feature”). Such Warehouse Partners using the Pass-Through Tax Feature will be solely responsible for informing Logistify AI about the correct Occupancy Tax amount to be collected from the Shipper in accordance with applicable law and directly remitting the Occupancy Taxes to the relevant Tax Authority. Logistify AI does not assume any liability for the failure of a participating Warehouse Partner to comply with any applicable tax reporting or remittance obligations. The amount of Occupancy Taxes, if any, collected and remitted by Logistify AI will be visible to and separately stated to both Shippers and Warehouse Partners on their respective transaction documents. Where Logistify AI is facilitating Collection and Remittance, Warehouse Partners are not permitted to collect any Occupancy Taxes being collected by Logistify AI relating to their Warehouses in that jurisdiction.

13.5 You agree that any claim or cause of action relating to Logistify AI's facilitation of Collection and Remittance of Occupancy Taxes shall not extend to any supplier or vendor that may be used by Logistify AI in connection with facilitation of Collection and Remittance, if any. Shippers and Warehouse Partners agree that we may seek additional amounts from you in the event that the Taxes collected and/or remitted are insufficient to fully discharge your obligations to the Tax Authority, and agree that your sole remedy for Occupancy Taxes collected is a refund of Occupancy Taxes collected by Logistify AI from the applicable Tax Authority in accordance with applicable procedures set by that Tax Authority.

13.6 Logistify AI reserves the right, with prior notice to Warehouse Partners, to cease the Collection and Remittance in any jurisdiction for any reason at which point Warehouse Partners and Shippers are once again solely responsible and liable for the collection and/or remittance of any and all Occupancy Taxes that may apply to Warehouses in that jurisdiction.

Prohibited Activities

14.1 You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Logistify AI Platform. In connection with your use of the Logistify AI Platform, you will not and will not assist or enable others to:

breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, Policies or Standards; use the Logistify AI Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Logistify AI endorsement, partnership or otherwise misleads others as to your affiliation with Logistify AI; copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Logistify AI Platform in any way that is inconsistent with Logistify AI’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties; use the Logistify AI Platform in connection with the distribution of unsolicited commercial messages ("spam"); offer, as a Warehouse Partner, any Warehouse that you do not yourself own or have permission to make available as a residential or other property through the Logistify AI Platform; unless Logistify AI explicitly permits otherwise, book any Listing if you will not actually be using the Warehouse Partner Services yourself; contact another Member for any purpose other than asking a question related to a your own booking, Listing, or the Member's use of the Logistify AI Platform, including, but not limited to, recruiting or otherwise soliciting any Member to join third-party services, applications or websites, without our prior written approval; use the Logistify AI Platform to request, make or accept a booking independent of the Logistify AI Platform, to circumvent any Service Fees or for any other reason; request, accept or make any payment for Listing Fees outside of the Logistify AI Platform or Logistify AI Payments. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold Logistify AI harmless from any liability for such payment; discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior; misuse or abuse any Listings or services associated with the Logistify AI Open Homes program as determined by Logistify AI in its sole discretion. use, display, mirror or frame the Logistify AI Platform or Collective Content, or any individual element within the Logistify AI Platform, Logistify AI's name, any Logistify AI trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Logistify AI Platform, without Logistify AI's express written consent; dilute, tarnish or otherwise harm the Logistify AI brand in any way, including through unauthorized use of Collective Content, registering and/or using Logistify AI or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Logistify AI domains, trademarks, taglines, promotional campaigns or Collective Content; use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Logistify AI Platform for any purpose; avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Logistify AI or any of Logistify AI's providers or any other third party to protect the Logistify AI Platform; attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Logistify AI Platform; take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Logistify AI Platform; export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or violate or infringe anyone else’s rights or otherwise cause harm to anyone. 14.2 You acknowledge that Logistify AI has no obligation to monitor the access to or use of the Logistify AI Platform by any Member or to review, disable access to, or edit any Member Content, but has the right to do so to (i) operate, secure and improve the Logistify AI Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to Member Content that it determines is harmful or objectionable; or (v) as otherwise set forth in these Terms. Members agree to cooperate with and assist Logistify AI in good faith, and to provide Logistify AI with such information and take such actions as may be reasonably requested by Logistify AI with respect to any investigation undertaken by Logistify AI or a representative of Logistify AI regarding the use or abuse of the Logistify AI Platform.

14.3 If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Logistify AI by contacting us with your police station and report number (if available). You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

Term and Termination, Suspension and other Measures

15.1 This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or Logistify AI terminate the Agreement in accordance with this provision.

15.2 You may terminate this Agreement at any time by sending us an email. If you cancel your Logistify AI Account as a Warehouse Partner, any confirmed booking(s) will be automatically cancelled and your Shippers will receive a full refund. If you cancel your Logistify AI Account as a Shipper, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Listing’s cancellation policy.

15.3 Without limiting our rights specified below, Logistify AI may terminate this Agreement for convenience at any time by giving you thirty (30) days' notice via email to your registered email address.

15.4 Logistify AI may immediately, without notice, terminate this Agreement and/or stop providing access to the Logistify AI Platform if (i) you have materially breached your obligations under these Terms, the Payments Terms, our Policies or Standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Logistify AI believes in good faith that such action is reasonably necessary to protect the personal safety or property of Logistify AI, its Members, or third parties (for example in the case of fraudulent behavior of a Member).

15.5 In addition, Logistify AI may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, or if (ii) you have breached these Terms, the Payments Terms, our Policies or Standards, applicable laws, regulations, or third party rights, (iii) you have provided inaccurate, fraudulent, outdated or incomplete information during the Logistify AI Account registration, Listing process or thereafter, (iv) you and/or your Listings or Warehouse Partner Services at any time fail to meet any applicable quality or eligibility criteria, (v) you have repeatedly received poor Ratings or Reviews or Logistify AI otherwise becomes aware of or has received complaints about your performance or conduct, (vi) you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (vii) Logistify AI believes in good faith that such action is reasonably necessary to protect the personal safety or property of Logistify AI, its Members, or third parties, or to prevent fraud or other illegal activity:

refuse to surface, delete or delay any Listings, Ratings, Reviews, or other Member Content; cancel any pending or confirmed bookings; limit your access to or use of the Logistify AI Platform; temporarily or permanently revoke any special status associated with your Logistify AI Account; temporarily or in case of severe or repeated offenses permanently suspend your Logistify AI Account and stop providing access to the Logistify AI Platform. In case of non-material breaches and where appropriate, you will be given notice of any intended measure by Logistify AI and an opportunity to resolve the issue to Logistify AI's reasonable satisfaction.

15.6 If we take any of the measures described above (i) we may refund your Shippers in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

15.7 When this Agreement has been terminated, you are not entitled to a restoration of your Logistify AI Account or any of your Member Content. If your access to or use of the Logistify AI Platform has been limited or your Logistify AI Account has been suspended or this Agreement has been terminated by us, you may not register a new Logistify AI Account or access and use the Logistify AI Platform through an Logistify AI Account of another Member.

15.8 Sections 5 and 16 to 22 of these Terms shall survive any termination or expiration of this Agreement.

Disclaimers

**If you choose to use the Logistify AI Platform or Collective Content, you do so voluntarily and at your sole risk. The Logistify AI Platform and Collective Content is provided “as is”, without warranty of any kind, either express or implied.

You agree that you have had whatever opportunity you deem necessary to investigate the Logistify AI Services, laws, rules, or regulations that may be applicable to your Listings and/or Warehouse Partner Services you are receiving and that you are not relying upon any statement of law or fact made by Logistify AI relating to a Listing.

If we choose to conduct identity verification or background checks on any Member, to the extent permitted by applicable law, we disclaim warranties of any kind, either express or implied, that such checks will identify prior misconduct by a Member or guarantee that a Member will not engage in misconduct in the future.

You agree that some Warehouse Partner Services, or the Group Payment Service may carry inherent risk, and by participating in such services, you choose to assume those risks voluntarily. For example, some Warehouse Partner Services may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Warehouse Partner Services. You assume full responsibility for the choices you make before, during and after your participation in a Warehouse Partner Service or the Group Payment Service.

The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.

Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Logistify AI Platform and Collective Content, your publishing or booking of any Listing via the Logistify AI Platform, your rent at any Warehouse, participation in any Warehouse Partner Service or any other interaction you have with other Members whether in person or online remains with you. Neither Logistify AI nor any other party involved in creating, producing, or delivering the Logistify AI Platform or Collective Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Logistify AI Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Logistify AI Platform, or (iv) from your publishing or booking of a Listing, including the provision or use of a Listing’s Warehouse Partner Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Logistify AI has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Warehouse Partners pursuant to these Terms or an approved payment request under the Logistify AI Warehouse Partner Guarantee or Japa Warehouse Partner Insurance, in no event will Logistify AI’s aggregate liability arising out of or in connection with these Terms and your use of the Logistify AI Platform including, but not limited to, from your publishing or booking of any Listings via the Logistify AI Platform, or from the use of or inability to use the Logistify AI Platform or Collective Content and in connection with any Warehouse, other Warehouse Partner Service, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via the Logistify AI Platform as a Shipper in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Warehouse Partner, the amounts paid by Logistify AI to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Logistify AI and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Logistify AI’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other