Terms of Service

These Terms of Service ("Terms") form a binding agreement between Adaptive Rate Management LLC ("ARM", "we", "our", or "us") and the company, organization, or other legal entity that subscribes to or uses the service ("Customer").

If you access or use the service on behalf of Customer, you represent that you have authority to bind Customer to these Terms. If you do not have that authority, you may not use the service on Customer's behalf.

ARM is operator-facing self-storage rate management software. The current product supports organization workspaces, facility and portfolio management, public and shared facility profiles, comp intelligence, pricing recommendations, approval workflows, audit history, and data exports.

• ARM provides decision support tools, not autonomous pricing authority.
• ARM may use third-party market or facility data providers to generate product outputs.
• PMS-origin data is not represented as live connected data unless the relevant integration is actually enabled.

Customer retains all right, title, and interest in Customer Data placed into the service, including workspace overlays, pricing decisions, approvals, exports, notes, and other customer-controlled records.

ARM also maintains public or shared baseline facility-profile data used for benchmarking, comp intelligence, and public property pages. That baseline data is distinct from customer-private workspace overlays and internal workflow records.

Certain outputs depend on public data, third-party provider data, or connected systems authorized by Customer. Those sources may be delayed, stale, incomplete, unavailable, or inaccurate, and ARM is not responsible for issues originating outside ARM's reasonable control.

Subject to these Terms and payment of applicable fees, ARM grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the service for Customer's internal business operations during the applicable subscription term.

Commercial terms such as pricing, plan limits, billing cadence, term length, support scope, and any special rights are governed by the applicable order form, subscription document, statement of work, or other signed commercial agreement between ARM and Customer.

Unless a signed agreement states otherwise, fees are non-refundable to the maximum extent permitted by law, and Customer is responsible for applicable taxes other than taxes based on ARM's net income.

Recommendations, comp rankings, score outputs, confidence indicators, and related workflow artifacts are decision support tools only. They are not legal, tax, accounting, valuation, or investment advice.

Customer remains solely responsible for pricing decisions, approval policies, publication timing, tenant or customer communications, PMS execution, and compliance with all applicable laws, regulations, and internal policies.

California-specific workflow safeguards in the service, including support for the California Self-Service Storage Facility Act and its rent-change provisions in Business and Professions Code § 21715.5 and Business and Professions Code § 21715.2, are designed to help Customer identify timing, disclosure, and first-year rent-limit issues before a rate change is carried out. Those safeguards do not replace Customer's responsibility to confirm the accuracy of move-in dates, rental agreement start dates, disclosed maximum rental fees, notice methods, notice timing, lease language, and any operator overrides or manually entered values used in the workflow.

ARM may also provide a California modethat excludes public competitor data from California rate-adjustment workflows, including California rate-adjustment decisioning and related California rate-adjustment charting, as part of ARM's handling of AB 325-related operational requirements. That mode is intended to assist Customer's workflow design and does not replace Customer's responsibility to determine whether Customer's use, configuration, overrides, or downstream pricing actions comply with applicable law.

If Customer bypasses, disables, overrides, misconfigures, or supplies inaccurate or incomplete data to those safeguards or to California mode, Customer remains solely responsible for the resulting pricing action, tenant communication, regulatory exposure, refunds, disputes, or claims arising from that use.

ARM does not guarantee revenue, margin, occupancy, renewal, retention, or portfolio performance outcomes.

Each party must protect the other party's confidential information using reasonable care and may use it only as necessary to perform under these Terms and applicable commercial agreements.

ARM maintains administrative, technical, and organizational safeguards reasonably designed to protect service data, including access controls, transport security, tenant-aware authorization checks, logging, and monitoring.

If ARM confirms a security incident materially affecting Customer Data, ARM will provide notice without undue delay as legally and operationally appropriate. Customer remains responsible for its own endpoint security, credential hygiene, and internal access governance.

ARM may perform maintenance, updates, infrastructure changes, and feature changes to improve security, reliability, usability, or legal compliance. Scheduled or emergency maintenance may cause temporary interruption or degraded performance.

ARM provides support through designated customer channels. Unless a signed order form expressly states measurable service levels, uptime commitments, response targets, or service credits, ARM provides the service using commercially reasonable efforts and does not provide public service-level guarantees or credits.

These Terms apply for as long as Customer uses the service or maintains an active subscription.

• ARM may suspend access for security risk, legal requirement, nonpayment, abuse, or material breach.
• Either party may terminate as permitted by the applicable commercial agreement or by law.
• During the subscription term, Customer may use available export functions, subject to role permissions, product configuration, and usage limits.

After termination or expiration, ARM may retain, delete, or de-identify data according to its retention practices, legal obligations, and any signed commercial agreement. Backup copies are not deleted immediately and generally are restored only for disaster recovery or continuity purposes.

ARM and its licensors retain all right, title, and interest in the service, including software, architecture, user interfaces, APIs, documentation, workflows, models, and related intellectual property rights. No implied licenses are granted.

If Customer or its users provide suggestions, ideas, enhancement requests, or other feedback, ARM may use that feedback without restriction or compensation, so long as doing so does not disclose Customer confidential information in breach of these Terms.

To the maximum extent permitted by law and except as expressly stated in a signed agreement, the service is provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise.

To the fullest extent permitted by law, ARM is not liable for indirect, incidental, special, consequential, exemplary, punitive, or enhanced damages, or for lost profits, lost revenues, business interruption, goodwill, or data loss.

ARM's aggregate liability arising out of or relating to the service will not exceed the amounts paid or payable by Customer to ARM for the service during the twelve months preceding the event giving rise to liability.

To the fullest extent permitted by law, ARM is not responsible for fines, penalties, restitution, refunds, charge reversals, tenant claims, regulatory actions, or other liability arising from Customer's rent increases, notice practices, lease disclosures, use of inaccurate data, or failure to follow applicable law, including California self-storage rent-change requirements under Business and Professions Code § 21715.5 and Business and Professions Code § 21715.2, even where the service provides compliance-oriented guardrails or warnings.

Customer will defend and indemnify ARM against third-party claims arising from Customer Data, Customer's misuse of the service, or Customer's breach of these Terms. ARM will provide a standard intellectual-property infringement indemnity only to the extent stated in a signed commercial agreement; absent that agreement, no additional public indemnity commitment is made here.

These Terms are governed by the laws of the State of Arizona, without regard to conflict-of-laws principles, unless a signed order form, master services agreement, or other written commercial agreement between ARM and Customer states a different governing law or forum.

Unless a signed agreement states otherwise, the parties consent to exclusive jurisdiction and venue in the state or federal courts located in Arizona for disputes arising out of or relating to these Terms or the service.

Neither party is liable for delays caused by events beyond reasonable control. Customer may not assign these Terms without ARM's prior written consent except as part of a permitted corporate reorganization or sale of substantially all assets. If any provision is unenforceable, the remaining provisions remain in effect. These Terms, together with applicable signed commercial documents, form the entire agreement regarding the service.

For legal or terms questions, contact legal@adaptiveratemanagement.com.