Skip to contentSubject to the terms and conditions of this Agreement and Customer’s payment of all fees, OpenTech grants Customer a nontransferable and nonexclusive right to access and use OpenTech’s hosted services listed in this Agreement, including any embedded third party technology, updates, features and related materials made accessible to Customer by OpenTech (the “Service”) solely for Customer’s self-storage business in the territories set forth in this Agreement. All rights not expressly granted to Customer hereunder are expressly reserved by OpenTech. All copyrights, patents, trade secrets, trademarks, service marks, trade names, moral rights, and other intellectual property and proprietary rights in the Service and all improvements, enhancements, or modifications thereto shall remain the sole and exclusive property of OpenTech. Customer shall not (nor shall it permit any third party to): (i) copy or manufacture the Service or any portion thereof or otherwise use the Service to develop a competing product or service; (ii) translate, modify, adapt, enhance, extend, decompile, disassemble, reverse engineer, or otherwise attempt to derive the trade secrets embodied in the Service or any portion thereof or remove any proprietary, disclaimer, or warning notice thereon; or (iii) use or allow the transfer, transmission, export, or re-export of the Service or any portion thereof outside the territories set forth in this Agreement or otherwise in violation of applicable law. Customer may not assign, transfer, or delegate its rights or obligations hereunder without the prior written consent of OpenTech. All terms of this Agreement will be binding upon and inure to the benefit of the parties, their successors, assigns, and legal representatives.
The parties agree that information designated by a party as confidential or reasonably understood by the parties to be confidential, is confidential and proprietary to the disclosing party, and each party agrees to keep such information strictly confidential until the information becomes public knowledge without breach of this Agreement or similar confidentiality requirements. The Service is OpenTech’s confidential information.
Customer will use the Service only to provide informational texts to Customer’s tenants regarding payments for their accounts. Customer represents and warrants that tenants associated with the mobile numbers have given Customer express consent to send them text messages and Customer maintains and follows a procedure for those tenants to opt-out of receiving text messages that complies with all applicable law. Customer is solely responsible for the content of text messages and all consents related to such text messages and OpenTech expressly disclaims any liability or responsibility associated with Customer’s compliance obligations under applicable law. All telecommunication or Internet connections required to use the Service are Customer’s responsibility.
The Services are a monthly commitment commencing the first full month following STC and will automatically renew monthly unless either Customer or OpenTech gives written notice to the other party of its intention not to renew at least 30 days in advance. OpenTech may change the fees associated with the Services upon at least 60 days written notice to Customer. Customer may elect to terminate this Agreement in part with respect to certain Customer facilities, provided, however that OpenTech’s then-current pricing will apply thereafter to Customer’s remaining facilities.
The Service fees will be invoiced monthly in advance of the Service period by email, starting with the first full month the Service is provided; if Customer requires that the invoice be sent by USPS then a $5 service fee will be added to each invoice. The first month’s Service fee will be prorated and due immediately following the completion of STC. Should any invoice for Services ordered be outstanding for over sixty (60) days, OpenTech may suspend or terminate the Agreement immediately upon notice to Customer.
OpenTech shall have no liability or responsibility with respect to any dispute between Customer and Customer’s clients, including any dispute arising out of, or related to, use of or access to the Service by Customer’s clients. Customer agrees to indemnify, defend, and hold harmless, OpenTech, from and against any and all claims, actions, proceedings, liabilities, damages, losses, costs or expenses, including attorneys’ fees, arising from Customer’s clients, the acts or omissions of Customer, Customer’s non-compliance with applicable law, including laws related to use of text messaging, automated dialers, and similar calling technology and laws related to debt collection, or Customer’s use of the Services.
This Agreement shall be deemed to have been executed and delivered in Phoenix, Arizona. This Agreement and all rights and obligations hereunder, including matters of construction, validity, and performance, shall be governed by the internal laws of the State of Arizona, without giving effect to the principles of conflict of law thereof. Any lawsuit arising from or related to this Agreement shall be brought in a state or federal court located in Maricopa County, Arizona, and both OpenTech and Customer hereby consent to the jurisdiction of such courts.
These Terms and Conditions of this Agreement, any Exhibits or amendments attached hereto represent the entire agreement between OpenTech and Customer with respect to the Services. No alteration or modifications of this Agreement will be valid unless made in writing and signed by the parties. No attachment, supplement, or exhibit to this Agreement shall be valid unless initialed by an authorized signatory of OpenTech. No modification of any of these terms will be effected by OpenTech’s provision of the Service following receipt of Customer’s purchase order or similar forms containing terms and conditions conflicting or inconsistent with the terms herein.
Data is the information, data, content, and other material, including unit inventory, prices, and customer information stored in the Network Member’s property management system (“PMS”) that is uploaded to or otherwise accessible through the OpenTech Products and Services.
Network Member is a self-storage facility owner, operator, or management company that is a party to the Agreement with OpenTech. For the purposes of this Exhibit A (ISSN Member Agreement) Customer is the Network Member.
Tenant Data made available by Customer to OpenTech to enable OpenTech to provide and improve OpenTech Products and Services under this Agreement shall be kept strictly confidential by OpenTech and shall not be disclosed to any third party except as: 1. required by law, 2. necessary for OpenTech to provide and improve its Products and Services, 3. with Customer’s prior approval, or 4. in connection with OpenTech aggregating data for use in industry reports which does not include personal identifying information.
Subject to the terms and conditions of this Agreement and Customer’s payment of all fees, OpenTech grants Customer a nontransferable and nonexclusive right to access and use OpenTech’s hosted services listed in this Agreement, including any embedded third party technology, updates, features and related materials made accessible to Customer by OpenTech (the “Service”) solely for Customer’s self-storage business in the territories set forth in this Agreement. All rights not expressly granted to Customer hereunder are expressly reserved by OpenTech. All copyrights, patents, trade secrets, trademarks, service marks, trade names, moral rights, and other intellectual property and proprietary rights in the Service and all improvements, enhancements, or modifications thereto shall remain the sole and exclusive property of OpenTech. Customer shall not (nor shall it permit any third party to): (i) copy or manufacture the Service or any portion thereof or otherwise use the Service to develop a competing product or service; (ii) translate, modify, adapt, enhance, extend, decompile, disassemble, reverse engineer, or otherwise attempt to derive the trade secrets embodied in the Service or any portion thereof or remove any proprietary, disclaimer, or warning notice thereon; or (iii) use or allow the transfer, transmission, export, or re-export of the Service or any portion thereof outside the territories set forth in this Agreement or otherwise in violation of applicable law. Customer may not assign, transfer, or delegate its rights or obligations hereunder without the prior written consent of OpenTech. All terms of this Agreement will be binding upon and inure to the benefit of the parties, their successors, assigns, and legal representatives.
The parties agree that information designated by a party as confidential or reasonably understood by the parties to be confidential, is confidential and proprietary to the disclosing party, and each party agrees to keep such information strictly confidential until the information becomes public knowledge without breach of this Agreement or similar confidentiality requirements. The Service is OpenTech’s confidential information.
Customer will use the Service only to provide informational texts to Customer’s tenants regarding payments for their accounts. Customer represents and warrants that tenants associated with the mobile numbers have given Customer express consent to send them text messages and Customer maintains and follows a procedure for those tenants to opt-out of receiving text messages that complies with all applicable law. Customer is solely responsible for the content of text messages and all consents related to such text messages and OpenTech expressly disclaims any liability or responsibility associated with Customer’s compliance obligations under applicable law. All telecommunication or Internet connections required to use the Service are Customer’s responsibility.
The Services are a monthly commitment commencing the first full month following STC and will automatically renew monthly unless either Customer or OpenTech gives written notice to the other party of its intention not to renew at least 30 days in advance. OpenTech may change the fees associated with the Services upon at least 60 days written notice to Customer. Customer may elect to terminate this Agreement in part with respect to certain Customer facilities, provided, however that OpenTech’s then-current pricing will apply thereafter to Customer’s remaining facilities.
The Service fees will be invoiced monthly in advance of the Service period by email, starting with the first full month the Service is provided; if Customer requires that the invoice be sent by USPS then a $5 service fee will be added to each invoice. The first month’s Service fee will be prorated and due immediately following the completion of STC. Should any invoice for Services ordered be outstanding for over sixty (60) days, OpenTech may suspend or terminate the Agreement immediately upon notice to Customer.
OpenTech shall have no liability or responsibility with respect to any dispute between Customer and Customer’s clients, including any dispute arising out of, or related to, use of or access to the Service by Customer’s clients. Customer agrees to indemnify, defend, and hold harmless, OpenTech, from and against any and all claims, actions, proceedings, liabilities, damages, losses, costs or expenses, including attorneys’ fees, arising from Customer’s clients, the acts or omissions of Customer, Customer’s non-compliance with applicable law, including laws related to use of text messaging, automated dialers, and similar calling technology and laws related to debt collection, or Customer’s use of the Services.
This Agreement shall be deemed to have been executed and delivered in Phoenix, Arizona. This Agreement and all rights and obligations hereunder, including matters of construction, validity, and performance, shall be governed by the internal laws of the State of Arizona, without giving effect to the principles of conflict of law thereof. Any lawsuit arising from or related to this Agreement shall be brought in a state or federal court located in Maricopa County, Arizona, and both OpenTech and Customer hereby consent to the jurisdiction of such courts.
These Terms and Conditions of this Agreement, any Exhibits or amendments attached hereto represent the entire agreement between OpenTech and Customer with respect to the Services. No alteration or modifications of this Agreement will be valid unless made in writing and signed by the parties. No attachment, supplement, or exhibit to this Agreement shall be valid unless initialed by an authorized signatory of OpenTech. No modification of any of these terms will be effected by OpenTech’s provision of the Service following receipt of Customer’s purchase order or similar forms containing terms and conditions conflicting or inconsistent with the terms herein.
Data is the information, data, content, and other material, including unit inventory, prices, and customer information stored in the Network Member’s property management system (“PMS”) that is uploaded to or otherwise accessible through the OpenTech Products and Services.
Network Member is a self-storage facility owner, operator, or management company that is a party to the Agreement with OpenTech. For the purposes of this Exhibit A (ISSN Member Agreement) Customer is the Network Member.
Tenant Data made available by Customer to OpenTech to enable OpenTech to provide and improve OpenTech Products and Services under this Agreement shall be kept strictly confidential by OpenTech and shall not be disclosed to any third party except as: 1. required by law, 2. necessary for OpenTech to provide and improve its Products and Services, 3. with Customer’s prior approval, or 4. in connection with OpenTech aggregating data for use in industry reports which does not include personal identifying information.