Last Updated: November 1, 2024
Welcome, and thank you for considering ItFits.
ULUS (Urban Lockers US) is a company that owns and operates a network of Smart Urban Lockers in key cities across the United States. Our lockers are strategically located in convenient retail, hotel or other enclosed frequented locations, and are easily accessible through our online booking platform, www.itfits24.com
You can choose the date, time, location, and size of the locker you need, pay securely online, and receive a personal access code to open your locker. Our storage services (the “Services”) are provided to serve travelers, commuters, shoppers, and visitors who need a safe and secure place to store their belongings for a few hours or days.
TABLE OF CONTENT
1. PREAMBLE
2. ACCOUNT REGISTRATION AND ACCESS
3. PROHIBITED ITEMS
4. PAYMENTS AND FEES
5. STORAGE SERVICES
6. CANCELATIONS AND REFUNDS
7. ITFITS CUSTOMER PROTECTION
8. VANDALISM, MISUSE, CLEANLINESS, AND CONDUCT
9. REVIEWS
10. LIMITATION OF LIABILITY
11. INDEMNIFICATION
12. TERMINATION
13. INTELLECTUAL PROPERTY RIGHTS
14. MISCELLANEOUS
15. GOVERNING LAW AND JURISDICTION
16. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
1. PREAMBLE
1.1 The ItFits online booking platform (the "ItFits Platform") allows eligible users ("Customers") to find and book short-term storage space for personal items ("Item(s)"), by connecting Customers with ItFits Smart Urban Lockers (“ItFits Lockers”) at its partner’s or host’s (collectively, “Host”) locations.
1.2. These Terms, including the ItFits Customer Protection, only apply to Services arranged via the ItFits Platform, where all interactions between you and ItFits occur.
1.3. ItFits does not own, control, or manage the Host locations and products sold and services provided by a Host or outside the ItFits Platform are not subject to these Terms.
2. ACCOUNT REGISTRATION AND ACCESS
2.1. You must register an account or add payment details to access and use the features of the ItFits Platform.
2.2. By agreeing to these Terms and using the ItFits Platform, you represent and warrant that:
• you are at least eighteen (18) years of age;
• you are legally capable of entering into binding contracts;
• you are acting on your own behalf or representing a legal person with the necessary power to do so; and
• you have not been previously suspended or prohibited from using the ItFits Platform.
2.3. When registering an account, you will be required to provide ItFits with information about yourself, such as your name, email address, and other contact information.
2.4. You must provide accurate, current, and complete information and keep your account information up-to-date. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose them to any third party. You are responsible for activities conducted through your account unless unauthorized and such unauthorized activity was not a result of your negligence or misconduct. If you believe your account has been compromised, please immediately notify us at support@itfits24.com
3. PROHIBITED ITEMS
3.1. Items with a total value exceeding $5,000 (USD or equivalent in local currency). Users are responsible for ensuring that the combined value of all items stored in a single locker does not surpass this limit. ItFits is not liable for any loss or damage to items exceeding this value threshold (see clause 7 for more information).
3.2. You may not under any circumstances use the ItFits Platform or Services to store, deliver, receive, transport, or interact in any manner with the following prohibited items (collectively, “Prohibited Items”):
• Items whose possession or transportation is illegal under applicable laws.
• Weapons, firearms, ammunition, explosives, flammable materials (solids, liquids, gases), toxic chemicals, and pesticides.
• Cash, stocks, bonds, money orders, gift cards, lottery tickets, jewelry, precious stones, metals, and important documents (passports, immigration papers).
• Medicines, prescriptions, irreplaceable items, and sentimental items. • Live animals, agricultural products, perishable items, and trash.
• Alcohol and drugs.
• Wet items or items that may leak, including but not limited to damp clothing, improperly sealed liquid containers, wet umbrellas, or any items that could potentially damage the locker or other users' belongings.
• Other items specified as prohibited by ItFits.
• You will take reasonable precautions to ensure that no child or other person under your control enters your ItFits Locker as grave physical harm, injury or death could result therefrom.
3.3. ItFits has the right to inspect all Items deposited and reject any Prohibited Items or Items that present a danger. ItFits and Host may convey to law enforcement any Item that may violate applicable laws.
3.4. ItFits has no obligation to protect Prohibited Items against loss, theft, or damage. (See Section 7 ItFits Customer Protection for more information).
4. PAYMENT AND FEES
4.1. To use the booking features of the ItFits Platform and Services, you will be required to pay all applicable fees in US currency. You will have an opportunity to review and accept the fees before payment and can only use the Services after providing a valid payment method.
4.2. All payments between Customers and ItFits will be processed through Stripe, Apple Pay, PayPal, Google Pay or such other payment processing application as may be utilized by ItFits, subject to any such application’s terms and conditions, including automatic checks and fraud detection. ItFits does not store customers' payment methods or any data entered by customers through the external payment service provider during transactions.
4.3. You should not request or make any payment relating to the ItFits service directly to Host outside the ItFits Platform.
4.4. You authorize ItFits to charge you fees for the Services you select, including all applicable taxes and charges, to the payment method you specified. You will have the opportunity to review and accept these fees before payment. The fees you may be charged include, but are not limited to:
4.4.1. Storage Fee for the chosen Locker and duration of rental, including automatic renewals (see Section 5.3 for more information). Whether you use your locker or not, storage fees are not refundable except for the reasons listed under Section 6.
4.4.2 ItFits Service Fee: This one-time flat fee is charged per locker at the time of booking. It enables us to provide services such as customer support.
4.4.3. ItFits Customer Protection Fee for coverage in case of loss, theft, or damage to Items (excluding Prohibited Items) during storage within your Locker (see Section 7 for more information and restrictions). Such coverage is limited to loss, theft or damage resulting from the intentional act, omission or negligence of ItFits and is not an insurance policy providing coverage against accidents or other fortuitous events.
4.4.4 ItFits Late Payment Fee; if you are in default of payment within your rental period or for more than 48 hours, whichever comes sooner, ItFits reserves the right to charge a one time $25 Late Payment Fee per incident.
4.4.5. Locker Opening Fee; if you are in default of payment and fail to retrieve your Items within 48 hours of your account going into default, ItFits reserves the right to charge a one time $250 Locker Opening Fee per incident if ItFits is required to open the Locker to remove your Items. ItFits further has the right, but not the obligation, to ship your Items to you at your expense without prior notice in the event such Items are removed from the Locker. While ItFits will make reasonable efforts to contact you, it has no obligation to do so.
4.4.6. A $500 Damage and Cleaning Fee per incident, plus any additional repair or cleaning costs if ItFits determines that you have vandalized the Locker or left it in an unclean state (see clause 8.1 for more information).
4.5. ItFits reserves the right to change fees without prior notice and will provide up-to-date information on its website and mobile applications. Fee changes only affect bookings made after the effective date of any such change. If you disagree with a fee change, you may terminate your agreement with ItFits.
4.6. ItFits may offer promotional offers with different features, pricing, and terms and conditions at its sole discretion.
4.7. ItFits may suspend or terminate access to any ItFits Locker if payments fail to process or if you are otherwise in default. ItFits may charge additional fees incidental to any chargeback or costs of collection of any unpaid amounts.
4.8. ItFits may offer credits to Customers ("ItFits Credits"), which are not redeemable for cash and can be revoked, limited, or not honored at ItFits' discretion, including before the expiration date of any ItFits Credits. ItFits will use reasonable efforts to send reminders when ItFits Credits are due to expire, however ItFits will not have any liability in the event ItFits fails to do so.
4.9. You are responsible for payment of all taxes and similar impositions that may be imposed in connection with your use of the Platform and Services.
5. STORAGE SERVICE
5.1. To access an ItFits Locker you must make a booking via the ItFits Platform or scan the ItFits QR code at the Host location to access the ItFits Platform and follow the on-screen instructions.
5.2. Your storage Services booking includes storing your Item(s) during the specified period ("Storage Period"). When booking, you are presented with available locations (or only the specific location if booking onsite using a QR code), available locker sizes, and corresponding usage fees for the desired storage period ("Storage Period"). You can make immediate bookings or advance bookings for a future storage period of your choice up to 7 days in advance. All bookings are fixed and require immediate payment; non-binding reservations are not available (See Clause 6 for cancellation and refund policies).
The selected Storage Period's start and end times are displayed during booking and saved in the Customer’s account after payment. You can extend your Storage Period as needed by
making subsequent bookings before the current period expires. The Storage Period permitted for a booking ranges from a minimum of 1 hour to a maximum of 30 days.
5.3. Upon completion of the booking process, you will immediately receive an invoice via email to the address associated with your user account. This invoice will detail all fees, including the usage fee paid and applicable taxes. The email will also contain a link through which you can conveniently access your stored items, return your locker or obtain access to your user account at any time. PLEASE REMEMBER TO ALWAYS CLOSE YOUR LOCKER DOOR AFTER PLACING OR RETRIEVING YOUR ITEMS FROM YOUR LOCKER.
5.4. You are responsible for retrieving your Item(s) from the Locker before the end of the Storage Period to avoid additional charges. If you are unable to retrieve your Item by the end of your Storage Period and have not renewed, ItFits will automatically extend your booking for the same duration and rate to cover the period the Items remain in the Locker, without notice. There is no limit to the number of renewals, provided payment is secured. If payment fails and you are in default for more than 48 hours, unreachable, or fail to contact ItFits successfully, ItFits may remove your Item(s) at its discretion. You waive any claims against ItFits, the Host, any franchisor, or their respective affiliates in connection with the foregoing.
5.5. It is important that you close the locker door after placing or retrieving items and when returning the locker after the storage period. If you leave the door open during the storage period, you forfeit any right to claim for damaged or missing items (See clause 7 ItFits Customer Protection for more information). If you fail to close the door after the storage period ends, you will continue to be charged as if you had not returned the locker.
6. CANCELLATIONS AND REFUNDS
6.1. Valid cancellations will be refunded via the original payment method. Cancellations are valid if made before the booking check-in time, including if you change your mind, and no longer require your ItFits Locker.
6.2. If your Items do not fit in your booked ItFits Locker, you may select a larger size, if available, and pay the difference. If no available Lockers accommodate your Items and you haven't locked anything inside, you're eligible for a full refund. To request a refund, contact support@itfits.com. ItFits reserves the right to refuse refunds if the Locker has been used or Items have been locked inside..
In cases described above, ItFits will attempt to promptly allocate another locker to you, if necessary at a nearby location. If this isn't possible or you prefer not to use an alternative locker, your usage fee will be immediately refunded. These provisions also apply if you choose not to remove waste or minor soiling yourself.
6.3. There will be no refunds for downsizing to a smaller locker size.
7. ITFITS CUSTOMER PROTECTION
7.1. ItFits may, at its sole discretion, compensate you for lost, damaged, or stolen Items related to the Storage Service, subject to the limitations, exclusions, and conditions outlined below. THE ITFITS CUSTOMER PROTECTION IS NOT AN INSURANCE CONTRACT AND DOES NOT PROVIDE COVERAGE AGAINST ACCIDENTS OR OTHER FORTUITOUS EVENTS,
HOWEVER, SUBJECT TO THE EXCLUSIONS BELOW, SUCH PROTECTION WILL COVER LOSS, THEFT OR DAMAGE RESULTING FROM THE INTENTIONAL ACT, OMISSION OR NEGLIGENCE OF ITFITS.
Subject to the limitations described above, ItFits Customer Protection will apply to loss, damage, or theft of Customers' Items that occurred while using the Services and linked to a booking made via the ItFits Platform. ItFits will not compensate for indirect costs such as transportation, accommodation, or travel expenses resulting from inability to access Items.
If eligible, ItFits may compensate you up to $5,000 (or equivalent in local currency) for lost, stolen, or damaged Items, considering initial value and wear and tear. ItFits will not reimburse for item replacement. Compensation is determined based on provided evidence and circumstances. ItFits reserves the right to reject claims, including in cases of suspected fraud.
ItFits Customer Protection does not apply to:
• Items paid for through unapproved payment methods;
• Items stored outside the ItFits Platform;
• Prohibited Items (as listed in Clause 3);
• Improperly packaged, stored or fragile items;
• Items left in a locker where the door was not correctly closed by the customer. • Abandoned Items (not retrieved within Storage Period).
To be eligible, Customers must not have:
• Damaged ItFits' brand or reputation;
• Breached these Terms;
• Received compensation from other parties for the same claim.
Customers must cooperate with ItFits, Partners, and law enforcement in resolving claims and adhere to security measures at Partner locations.
To claim compensation, you must:
• Have a valid booking and proof of payment;
• Demonstrate booking was made via ItFits Platform;
• Notify ItFits at support@itfits.com within 24 hours of booking end;
• Provide details of stored items, including condition and value;
• Provide evidence of theft, damage, or loss during storage.
ItFits reserves the right to determine the adequacy of provided evidence and to accept or reject claims at its discretion.
8. VANDALISM, MISUSE, CLEANLINESS, AND CONDUCT
8.1 You agree to use the ItFits Locker responsibly and refrain from any act of vandalism, including but not limited to graffiti, scratching, denting, or otherwise damaging the Locker. You are required to leave the Locker in a clean dry condition, free from any debris, stains, or offensive odors. If ItFits determines that you have vandalized the Locker or left it with debris or in an unclean state, you will be liable for a Locker Damage and Cleaning Fee of $500 per incident, in addition to any costs associated with repairing or cleaning the Locker. ItFits reserves the right to charge this fee to the payment method associated with your
account. By using the ItFits Locker, you acknowledge and accept responsibility for any Locker Damage and Cleaning Fees incurred due to your misuse or negligence.
8.2 In addition to the proper use and cleanliness of the ItFits Locker, you agree to conduct yourself in a respectful and non-aggressive manner towards the Host and its staff. Any form of aggression, harassment, or misconduct directed at the Host or its employees is strictly prohibited. If ItFits determines that you have engaged in such behavior, you may be subject to immediate termination of your ItFits account, and you may be held liable for any damages or legal consequences resulting from your actions.
8.3 If you discover that your booked locker is damaged, significantly soiled or contains objects that don't belong to you or weren't placed there by you, you must immediately inform ItFits via our support hotline +1(917)994-5303 or, outside office hours, by email to support@itfits24.com. In urgent cases (e.g., signs of prohibited items as per clause 3.2.), you must also inform the police. You should then immediately re-lock the locker without examining the objects inside, placing your items in it, or attempting to clean it yourself. The above obligations don't apply to obviously worthless objects (e.g., trash) or minor soiling. In such cases, you may remove or dispose of these items and use your booked locker as intended.
In cases described above, ItFits will attempt to promptly allocate another locker to you, if necessary, at a nearby location. If this isn't possible or you prefer not to use an alternative locker, your usage fee will be immediately refunded. These provisions also apply if you choose not to remove waste or minor soiling yourself.
8.4. If during or towards the end of your storage period, you notice signs of tampering or discover that your items are damaged or missing, please immediately inform ItFits by email at support@itfits24.com or by calling the ItFits support hotline at +1(917) 994-5303. In urgent cases or outside normal business hours, you should also inform the police."
8.5. If you experience any misconduct from the Host or its staff, or if you are denied access to your ItFits Locker, please immediately inform ItFits at support@itfits24.com.
9. REVIEWS
After the Service is provided, Customers will have an opportunity to review their ItFits Services. The review must be accurate and may not contain any discriminatory, offensive, defamatory, abusive, or aggressive language.
10. LIMITATION OF LIABIITY
10.1 Your use of the ItFits Platform and ItFits storage Services is at your own risk. To the maximum extent permitted by law, subject to the Customer Protection program described in Section 7 above, ItFits is not liable for any damages (including loss of goodwill, profits, or data) arising from or related to the Platform, ItFits services, or your participation in any storage Services. Any claim for loss, mishandling, theft, conversion, or damage to an Item must be filed directly with ItFits, not the Host, its staff or its affiliates, in accordance with these Terms. (support@itfits24.com)
11. INDEMNIFICATION
11.1. To the fullest extent allowed by law, you agree to release, defend, indemnify, and hold ItFits and its officers, directors, employees, agents, service providers, licensors, and affiliates (collectively, the “Indemnified Parties”) harmless from any claims, liabilities, damages, losses, and expenses (including reasonable attorney’s fees and court costs) resulting from your breach of these Terms, misuse of the ItFits Platform or Services, interaction with any Host, or violation of any laws, regulations, or third-party rights, but only to the extent caused by your negligence, willful misconduct or breach of this agreement.
11.2. You are responsible for your use of the ItFits Platform and Services and will indemnify the Indemnified Parties from any third-party claim and related liability arising out of your use or misuse of the ItFits Platform or Services, violation of these Terms or applicable laws, or any dispute between you and a third party. The Indemnified Parties may assume the defense of any matter subject to indemnification by you, and you agree to cooperate in connection with any such action or proceeding.
12. TERMINATION
ItFits may, at its sole discretion, block or limit your access to the Platform, temporarily or permanently, in addition to any other remedies available under applicable law, if ItFits determines that you have violated these Terms. ItFits may also terminate the operation of the Platform, in whole or in part, at any time, without prior notice. You agree that ItFits is not responsible for any consequences arising from the termination of the Platform's operation or any loss of data. The provisions of these Terms shall survive any termination of the Platform.
13. INTELLECTUAL PROPERTY
ULUS LLC or its affiliates own or license the ItFits Platform, its content, and all associated intellectual property rights, including inventions, trademarks, trade names, service marks, copyrightable materials, and patents, whether registered or unregistered (collectively "Intellectual Property").
By providing feedback, comments, or suggestions ("Feedback") to ItFits, you grant ItFits an exclusive, royalty-free, and irrevocable right to incorporate the Feedback into any current or future products, technologies, or services without your prior approval. All Feedback is considered non-confidential, and ItFits may use it as marketing or promotional material without your prior consent.
14. MISCELANEOUS
We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will update our website or mobile applications to reflect any such changes. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued participation
in the Platform or use of the Services after we have implemented and updated our website or mobile applications with any such changes.
15. GOVERNING LAW AND JURISDICTION
These Terms shall be governed by the laws of the State of New York without regard to its conflicts of laws provisions.
16. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
(i) Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be resolved by confidential binding arbitration in New York, NY (the “Arbitration Location”) by a single arbitrator with substantial experience in resolving disputes regarding storage service contracts. The arbitration shall be administered by Judicial Arbitration and Mediation Service Inc. (“JAMS”) pursuant to its Comprehensive Arbitration Rules and Procedures. The arbitrator shall apply the laws of the State of New York, except that the arbitration provision shall be governed by the Federal Arbitration Act. The arbitrator shall have authority to award compensatory damages, but shall not be authorized to award (A) non-economic damages, (B) punitive damages, or (C) reform, modify or materially change the Terms or other agreements contemplated hereunder.
(ii) In any arbitration arising out of or related to these Terms, requests for documents: (x) shall be limited to documents which are directly relevant to significant issues in the case or to the case’s outcome; (y) shall be restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; and (z) shall not include broad phraseology such as “all documents directly or indirectly related to.”
(iii) Each party shall bear its own attorney’s fees, costs, and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of JAMS and the arbitrator; provided, however, the arbitrator shall be authorized to determine whether a party is substantially the prevailing party, and if so, to award to that substantially prevailing party reimbursement for its reasonable attorneys’ fees, costs and disbursements (including, for example, expert witness fees and expenses, photocopy charges, travel expenses, etc.), and/or the fees and costs of JAMS and the arbitrator. The claimant shall have the right to participate by phone or similar means and need not attend the arbitration live in the Arbitration Location in order to participate. The parties will confer as to an appropriate method for obtaining the claimant’s testimony, including agreeing on a means of obtaining live testimony from the claimant if appropriate, in a manner that minimizes travel and expense burdens on the claimant.
(iv) The parties further agree that they may bring claims only in their individual capacity and not as a plaintiff or class representative in any purported class or representative proceeding. The arbitrator may not consolidate more than one person’s claims, may not otherwise preside over any form of a representative or class proceeding, and may not award class-wide relief. This provision is material and is a condition of the agreement to arbitrate. In the event that a determination is made that this class action waiver is void or unenforceable for any reason, the parties agree that the agreement to arbitrate disputes will be null and void.