Last Updated – May 6, 2023

BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY ALL OF THE PROVISIONS BELOW.

Guerrilla Inc. (“Kave Storage”, “Company”, “we”, “us”, or “our”) provides website(s) and services that connect storage hosts with storage users. 

These Terms of Service are a binding legal agreement between you and Kave Storage that govern the use of the website(s), applications, services and other offerings from Kave Storage. By accessing or using the website, you agree to be bound by the website terms in section 3.0.

1.0 Storage User Terms

1.1 Self-Storage Subscription:

The subscription to a Kave Storage shed grants the Storage User immediate access to one (1) 8’ x 12’ storage shed located at the chosen location for the purpose of storing the Storage User’s belongings. The subscription shall commence on the day of subscription and shall continue on the same day of each month thereafter, with monthly payments to be made until the subscription is canceled by the Storage User or Kave Storage evicts the Storage User. The Storage User acknowledges that the storage shed is provided on an “as is” and “as available” basis, and Kave Storage makes no representations or warranties regarding the suitability, availability, or condition of the storage shed. The Storage User agrees to use the storage shed solely for the purpose of storing their personal belongings and to comply with all applicable laws and regulations.

1.2 Initial Occupation of Shed:

Upon subscription, the Storage User shall be provided with a security key to access the shed. The Storage User shall be solely responsible for the security of the key and shall take all necessary measures to prevent any unauthorized access to the key. The Storage User shall inspect the shed upon initial access and shall be responsible for providing photo evidence of any damages to the shed already present at the time of initial access. The Storage User shall be solely responsible for any damages or losses resulting from the Storage User’s failure to inspect the shed and provide photo evidence of any damages to the shed. Kave Storage shall not be liable for any damages or losses resulting from the Storage User’s failure to comply with this section.

1.3 Locking of the Shed:

The Storage User shall have the right to lock the shed using the in-built door lock and key provided by Kave Storage. The Storage User shall be solely responsible for the security of the key and shall take all necessary measures to prevent any unauthorized access to the key. Loss of the key by the Storage User shall result in a $100 key replacement fee. The combination lock provided by Kave Storage for the initial access to the shed shall not be used to lock the shed during the Storage User’s occupancy. The Storage User shall store the combination lock in the appropriate receptacle inside the shed during the Storage User’s occupancy. Loss of the combination lock by the Storage User shall result in a $100 combination lock replacement fee.

1.4 Subscription Price:

The Storage User shall pay a monthly subscription fee (the “Subscription Price”) to Kave Storage in the amount advertised on the website at the time of subscription. The Subscription Price shall be paid on or before the first day of each subscription period. If the Storage User fails to pay the Subscription Price when due, Kave Storage may exercise its rights under the ‘Grounds for Eviction’ clause of this agreement, which may result in termination of the subscription and eviction of the Storage User from the storage unit.

1.5 Changes to Subscription Price:

Kave Storage reserves the right to change the Subscription Price from time to time throughout the year. The Storage User shall be given at least one full month’s notice of any such change, in addition to any time remaining in the current subscription period at the time of notice. If the Storage User does not agree to the new Subscription Price, they may cancel the subscription without penalty within the specified timeframe provided in the notice. Failure to do so shall constitute acceptance of the new Subscription Price.

1.6 Late Fees:

If the Storage User fails to pay their Subscription Price when due, they shall be responsible for paying a late fee of 10% of the outstanding balance (the “Late Fee”) in addition to the Subscription Price. In the event of a failed subscription payment due to circumstances beyond the control of the Storage User, such as a canceled credit card due to loss or theft, the Storage User must notify Kave Storage immediately via email. Upon receipt of the notification, Kave Storage may, at their discretion, grant the Storage User a Grace Period of 5 business days to pay the subscription in full, or the Late Fee will be applied. The Storage User acknowledges that failure to pay the Subscription Price and the Late Fee when due may result in the termination of the subscription and eviction from the storage unit. In addition, the Storage User shall be responsible for any and all fees and costs associated with the collection of unpaid balances, including but not limited to attorney’s fees and court costs.

1.7 Permitted Uses:

The Storage User is granted the use of the shed solely for the storage of household property belonging to the Storage User. The Storage User shall not use the shed for any other purpose. The shed may not be used for:
     A) The storage of dangerous or explosive devices or products;
     B) The storage of flammable liquids or gasses;
     C) The storage of hazardous waste as that term is defined under the Environmental Management Act [SBC 2003] c. 53;
     D) Any commercial activity;
     E) Any manufacture of products of any variety;
     F) Any construction or assembly of any product of any variety;
     G) Occupancy by any individual or animal.
     H) Any item that would result in a violation of any law or regulation, including but not limited to, stolen or illegal items, counterfeit goods, or items                              prohibited by export or import regulations; and
      I) Any item that Kave Storage has determined to be unsuitable for storage in its sheds, in its sole discretion.
The Storage User acknowledges that Kave Storage has the right to inspect the shed and its contents at any time, without notice, to ensure that the Storage User is in compliance with the terms of this agreement.
The Storage User shall store all items exclusively inside the shed at all times, except during loading or unloading activities. If any items are found to be stored outside of the shed when the Storage User is not presently loading or unloading, the Storage User shall be deemed in violation of this agreement. Such a violation shall result in a fine of up to $500 and may be considered grounds for eviction from the self-storage unit.

1.8 Access Hours:

Kave Storage shall provide the Storage User with access to the shed, subject to the limits on access time as defined in the Host Site Rules. Host Site Rules for each unit shall be provided and made available to the Storage User. 

1.9 Host Site Rules:

Additional rules and regulations governing the use of each shed unit shall be defined by the Host and shall be unique to each unit. The Host Site Rules for each unit shall be made available to the Storage User on the unit product page at the time of subscription and shall also be supplied to the Storage User along with the subscription package for the shed. The Storage User acknowledges that they have reviewed and agree to comply with the Host Site Rules for the unit subscribed to by the Storage User. The Storage User shall be solely responsible for any damages or losses resulting from their failure to comply with the Host Site Rules, and Kave Storage shall not be liable for any such damages or losses.

1.10 Modifications to Site Rules:

The Storage User acknowledges and agrees that Kave Storage or the Host may modify the site rules no more than twice per calendar year. The Storage User agrees to be bound by any such modifications to the site rules. Kave Storage shall provide notice of any changes to the site rules to the Storage User. Kave Storage shall implement the new rules upon the cancellation of the subscription or within six (6) months of notifying the Storage User, whichever comes sooner.

1.11 Grounds for Eviction:

The grounds for eviction from the shed shall comprise the following:
     A) Default on payment of the Subscription Price for the shed.
     B) Non-compliance with the Kave Storage or Host Rules, as specified in this agreement or as may be communicated by Kave Storage from time to time.
     C) Breach of any of the provisions, covenants, or conditions of this contract, whether express or implied, including but not limited to, failure to maintain                     the shed in a clean and safe condition or engaging in any activity that is illegal or may cause damage to the shed, the host of their property.
In the event of any of the above, Kave Storage reserves the right, without prejudice to any other rights or remedies available at law or equity, to terminate this agreement, re-enter the shed, remove any property stored therein, and take any legal action deemed necessary to recover any outstanding fees or damages incurred as a result of the breach. Contents of the shed will be considered to have zero value. The Storage User shall be responsible for all costs and expenses incurred in connection with such legal action, including reasonable attorneys’ fees and court costs.

1.12 Vacating the Shed:

Upon cancellation of the subscription, the Storage User shall fully and completely vacate the shed by the end of the current subscription period. The Storage User acknowledges that failure to vacate the shed by the end of the current subscription period shall result in additional fees and charges, including but not limited to, monthly rental fees, administrative fees, and other costs associated with the failure to vacate. The damage fee shall not be charged to the Storage User upon vacating the shed and providing photographic proof that the shed is completely empty, clean, and in similar condition to when it was first subscribed to. The photographs shall include proof that the built-in door lock key has been returned to the interior of the shed, and the combination lock properly secured in its original location when the shed was first accessed. Kave Storage shall have up to one (1) month to inspect the unit to determine if the damage fee shall be charged. Kave Storage shall have the right to add to the damage fee any costs or expenses incurred in connection with repairing any damage to the shed or the premises caused by the Storage User, including but not limited to, repairs to the shed or the premises, cleaning fees, and other charges related to the Storage User’s breach of this agreement.

1.13 Failure to Vacate and Damages:

In the event that an evicted or unsubscribed Storage User fails to vacate the shed, the Storage User shall be responsible for all costs incurred by Kave Storage in disposing of the contents of the unit. The contents will be considered to have no ascertainable monetary value, the Storage User shall be responsible for the costs associated with their disposal. Additionally, the Storage User shall be liable for any damages sustained during the eviction process or during the Storage Users’s occupancy of the storage unit. The Storage User agrees to vacate the shed upon the termination of the subscription and to leave it in the same condition as when it was first occupied, subject to reasonable wear and tear. Failure to comply with this provision may result in additional charges to the Storage User.

1.14 Liability for damage:

The Storage User shall be liable for any damages incurred to the storage unit during its occupancy. A damage fee of 50% of 1 months rent may be charged to the Storage User at the end of the subscription to the storage unit. The damage fee is intended to cover any damages incurred to the storage unit during its occupancy and shall be applied at the discretion of Kave Storage. It is important to note that damages resulting from Storage User eviction, intentional or malicious damage, or damage to the host property are not covered by the damage fee. Kave Storage and the associated Host reserve the right to seek compensation from the Storage User for any such damages.
The Storage User agrees to promptly report any damages to Kave Storage and to take all necessary measures to prevent further damage. Failure to promptly report damages or take necessary measures may result in additional charges to the Storage User. Kave Storage shall notify the Storage User of any damages to the storage unit and the cost of repair. The Storage User shall have the opportunity to dispute any such damages within 10 business days. The Storage User shall not make any alterations to the storage unit. Any alterations made by the Storage User shall be deemed damages and may result in additional charges to the Storage User.

1.15 Lowest Price Guarantee:

Eligible Units: The “Lowest Price Guarantee” applies units that possess the same square footage or more compared to the Kave Storage’s hosted unit in question, be currently available, and must be within 10km of one of our units.

Exclusion of Other Offers: The Lowest Price Guarantee cannot be combined with any other offers or promotions.

Provider’s Discretion: Kave Storage reserves the right to implement the Lowest Price Guarantee at its sole discretion. The decision to match a competitor’s price will be based on factors such as availability, location, and other relevant considerations.

Price Verification: To use the Lowest Price Guarantee, customers must provide proof of a competitor’s advertised price, on their website, for a comparable unit within the specified radius. The advertisement must be current, available, valid, and verifiable.

Lowest Price Guarantee Process: Once the Lowest Price Guarantee is confirmed, Kave Storage will beat the competitor’s price for the eligible unit by 5%.  You will be provided a custom coupon code and the price will be valid for the duration specified by Kave Storage.

Policy Modifications: Kave Storage reserves the right to modify or terminate the Lowest Price Guarantee policy at any time, without prior notice.

Kave Storage shall not be liable to the Storage User for any loss or damage to the Stored Property, except to the extent caused by the Kave Storage’s negligence or willful misconduct. The Storage User acknowledges that the Stored Property is not insured by Kave Storage.

1.17 Governing Law:

This Contract shall be governed by and construed in accordance with the laws of the province of British Columbia, Canada.

1.18 Indemnity:

The Storage User shall indemnify and hold the Kave Storage harmless from and against any and all claims, damages, liabilities, and expenses, including reasonable attorneys’ fees, arising out of or in connection with the Storage User’s use of the shed.

1.19 Entire Agreement:

This Agreement constitutes the entire agreement between Kave Storage and the Storage User and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this Agreement.

2.0 Host Terms

2.1 Payment:

When a customer (hereinafter referred to as a “Storage User”) subscribes for use of a shed, the host shall be entitled to a base monthly fee for each occupied unit. The host shall not receive such payment during periods where the shed is not subscribed to. The base monthly fee shall accrue each time a Storage User makes a subscription payment, and payment of the accrued amount shall be made quarterly on Jan 31st, April 30th, July 31st, and Oct 31st. Payments shall be made via e-transfer to the host using the email address provided above.

2.2 Notice to Remove Shed(s):

The Host agrees that it shall provide written notice to Kave Storage of any intention to remove shed(s) from their property(ies) no less than three (3) months prior to the intended removal date. During this three (3) month notice period, any Host payments incurred during that period shall be forfeited to cover the costs of relocating any Storage User(s) and/or the shed(s) in question. If the Host fails to provide the required notice period, Kave Storage shall be entitled to receive payment from the Host of an amount equaling ten (10) times the last host payment amount per unit in question. Upon the completion of all contractual obligations and the removal of all units, this contract shall be deemed terminated.

2.3 Host Site Rules:

The Host acknowledges and agrees that it is responsible for establishing site rules for the property used for storage, subject to the approval of Kave Storage. The site rules must comply with all applicable laws and regulations, and shall not infringe on the rights of any Storage User or third party. Kave Storage shall display these site rules in advertisements and shall reference them in Storage User contracts. However, the Host acknowledges and agrees that they are solely responsible for enforcing these site rules.

2.4 Changes to Site Rules:

The Host acknowledges and agrees that it may adjust its site rules twice per year, subject to the approval of Kave Storage, and provided that the Host provides written notice of the proposed changes to Kave Storage. Kave Storage shall review the proposed changes and either approve or reject them within 15 days of receipt of the notification. If approved, Kave Storage shall implement the new rules with the next Storage User or within 6 months, whichever comes sooner. The Host further acknowledges and agrees that any proposed changes to the site rules must comply with all applicable laws and regulations, and shall not infringe on the rights of any Storage User or third party. Kave Storage reserves the right to reject any proposed changes to the site rules that it deems to be unreasonable, discriminatory, or in violation of any applicable laws or regulations.

2.5 Right of access to the site:

The Host and Kave Storage agree that the Storage User(s) shall have access to the shed at all times unless specified otherwise in the Host Site Rules. Host Site Rules must be approved by Kave Storage. See ‘Host Site Rules’ section. The Host further acknowledges and agrees that it shall not unreasonably restrict or deny access to the Storage User(s) to their shed during the agreed-upon access hours.

2.6 Duty of Notification:

The Host hereby acknowledges and agrees that it shall promptly notify Kave Storage in writing of any damage, graffiti, or other incidents that negatively affect Kave Storage, the Host’s property or any Storage User(s) using the property. Such notification shall include a detailed description of the damage or incident, including the date and time it occurred, the location where it occurred, and any other relevant information. The Host further agrees to take all necessary and reasonable measures to mitigate the damage or incident, to the extent possible, and to cooperate with Kave Storage in any investigation or remedial action that may be required.

2.7 General Area and Access:

The Host hereby agrees to keep the general area and access to the units clear, clean, and organized. The Host further agrees to ensure that the exterior of the units are kept free of items, plants, and other debris that may hinder access or pose a hazard to Storage Users, excluding temporary weather-related items such as snow. In the event that the Host fails to maintain the unit’s surroundings in accordance with this clause, Kave Storage may, at its sole discretion, take any necessary and reasonable action to remedy the situation.

2.8 Inspection:

Kave Storage reserves the right to inspect the site and check units for proper functioning and access without notice. Kave Storage retains the right to conduct site inspections and verify proper unit functioning and access without providing any prior notice but within the limitations of the ‘Host Site Rules’. See ‘Host Site Rules’ section.

2.9 Resolution of Non Conformance:

If the Host breaches any term of this agreement, Kave Storage shall provide the Host with a reasonable period of up to 30 days to cure such breach. If the Host fails to cure the breach within such period, Kave Storage may terminate the contract and forfeit any remaining payments due to the Host.

2.10 Termination:

Kave Storage may terminate this agreement and remove the shed from the Host’s site without providing any prior notice.

2.11 Moving of Units:

If a unit remains unrented for a period of five (5) months, Kave Storage agrees to move the unit immediately upon request by the Host.

2.12 Advertising:

Kave Storage reserves the right to advertise on the outside of the shed, unless the ‘Host Site Rules’ explicitly prohibit it. See ‘Host Site Rules’ section.

2.13 Location Disclosure:

The Host’s address shall only be disclosed to the Storage User(s) upon subscription.

2.14 Damage Fee:

Kave Storage may collect a damage fee from all subscribing Storage Users at the end of the subscription period. The primary purpose of this damage fee shall be to cover any damage caused to the shed(s). Furthermore, in the event that subscribing Storage User(s) breach the Storage User contract with Kave Storage, this damage fee may be utilized to cover any costs associated with the cleanup of the surrounding area of the shed(s). It is understood that the damage fee does not cover damage to the host’s property, nor does it cover any normal wear and tear that may occur as a result of regular traffic to and from the shed(s).

2.15 Rental Agreement:

Kave Storage is not engaged in renting space but rather connects hosts with Storage Users and provides units to facilitate the hosts’ ability to reach a wider audience of Storage Users. The rental agreement shall be established solely between the renters and hosts. By entering into this agreement, the host acknowledges and grants Kave Storage the authority to act on their behalf in the establishment of the Storage User Contract.

2.16 Authorization:

Kave Storage is hereby authorized to act as the agent for the Host, and the Host hereby authorizes Kave Storage to take any and all actions necessary to effectively manage Hosted units, including, but not limited to, advertising, collecting subscription payments, paying expenses, and making shed repairs. Kave Storage shall have the full authority to act on behalf of the Host, and the Host agrees to be bound by all actions taken by Kave Storage in accordance with this Agreement.

2.17 Compliance with Local Regulations:

Kave Storage shall not assume responsibility for any by-law, host taxes, business licensing, insurance or zoning requirements applicable to the resale of storage by the host.

2.18 Governing Law:

This Contract shall be governed by and construed in accordance with the laws of the province of British Columbia, Canada.

2.19 Permitted Uses:

Sheds may be used only for the storage of personal property, but may not be used for:

A) The storage of dangerous or explosive devices or products;
B) The storage of flammable liquids or gasses;
C) The storage of hazardous waste as that term is defined under the Environmental Management Act [SBC 2003] c. 53;
D) Any commercial activity;
E) Any manufacture of products of any variety;
F) Any construction or assembly of any product of any variety;
G) Occupancy by any individual or animal.
H) Any item that would result in a violation of any law or regulation, including but not limited to, stolen or illegal items, counterfeit goods, or items prohibited by export or import regulations; and
I) Any item that Kave Storage has determined to be unsuitable for storage in its sheds, in its sole discretion.

2.20 Insurance:

The Host shall not be required to obtain any insurance in relation to personal property stored by the Storage User. Kave Storage does not have insurance to cover any loss to personal property of the Storage User.

2.21 Indemnity:

The Host hereby indemnifies and saves Kave Storage harmless with respect to any claims of any variety arising from the use of the Shed (s) by any Storage User, including, but not limited to any damages, claims, costs, environmental remediation, legal fees, or fees of any variety.

3.0 Website Terms

3.1 Use of Website

You may use our website for lawful purposes only. You agree not to use our website for any illegal or unauthorized purpose, including but not limited to violating any intellectual property rights, transmitting viruses or malware, or engaging in any form of hacking or cyberattack.

3.2 Intellectual Property

All content on our website, including but not limited to text, graphics, logos, images, and software, is the property of the Company or its licensors and is protected by Canadian and international copyright laws. You may not use, reproduce, modify, or distribute any of our website content without our prior written consent.

3.3 Disclaimer of Warranties

Our website is provided “as is” and we make no representations or warranties of any kind, express or implied, as to the operation of our website or the information, content, materials, or products included on our website. We do not warrant that our website will be free from errors or interruptions, or that any defects will be corrected. We disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

3.4 Limitation of Liability

Under no circumstances shall the Company be liable for any direct, indirect, incidental, special, or consequential damages arising from your use of our website, including but not limited to loss of profits, data, or business interruption, even if we have been advised of the possibility of such damages.

3.5 Indemnification

You agree to indemnify and hold harmless the Company and its affiliates, officers, directors, agents, and employees from any and all claims, damages, losses, liabilities, and expenses, including reasonable legal fees, arising out of your use of our website, your violation of these Terms, or your violation of any third-party rights.

3.6 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the province of [insert province] and the federal laws of Canada applicable therein. Any dispute arising out of or in connection with these Terms shall be submitted to the exclusive jurisdiction of the courts of [insert province].

3.7 Changes to Terms

We reserve the right to update or modify these Terms at any time without prior notice. The most current version of the Terms will be posted on our website.

3.8 Contact Us

If you have any questions or concerns regarding these Terms of Service or our website, please contact us using our “contact us” page