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Terms of Service

These terms govern operators who subscribe to OnTote. If you rent totes from an operator rather than running a rental business yourself, the storefront you booked through has its own terms, and those are the ones that apply to your rental.

Last updated October 17, 2026

Draft: Legal review pending. Placeholder copy only. Do not treat as binding policy.

1. Agreement to these terms

These Terms of Service are an agreement between OnTote LLC, a Nebraska limited liability company ("OnTote", "we", "us") and the business that creates an OnTote workspace ("Operator", "you"). You accept them by creating an account, signing an Order Form, or using the Service. If you are accepting on behalf of a company, you confirm you are authorized to bind it.

If documents that make up our agreement conflict, they apply in this order: first, a signed Order Form, for that conflict only; then section 12 (personal data processing), for anything concerning personal data; then the rest of these terms.

2. Definitions

  • Service: the OnTote platform: the operator dashboard, the customer-facing storefront we host for you, and the related APIs and notifications.
  • Operator: the business subscribing to the Service to run a tote rental operation.
  • Renter: a customer who books totes from an Operator.
  • Storefront: the branded booking site we host on your behalf.
  • Tote pool: a group of interchangeable inventory units the Service tracks and reserves against.
  • Customer Data: the data you and your Renters put into the Service: inventory, bookings, customer records, and operational history.
  • Order Form: a signed document setting out a plan, term, pricing, or services specific to you.
  • Documentation: the help articles and guides we publish for the Service, including our support center.
  • Professional Services: work outside the standard subscription, such as data import, custom configuration, or training, that we agree in writing to perform for you.

3. Accounts and eligibility

You must be at least 18 and operating a lawful business. Keep your account details accurate and current, and keep your credentials secure. You are responsible for activity under your workspace, and we may treat actions taken with your team's valid credentials as authorized by you.

You can invite team members into your workspace. You are responsible for what they do in it, for removing access when someone leaves, and for the permission levels you assign them. Tell us promptly if you believe an account has been compromised.

4. Plans, trials, and subscription fees

OnTote is sold in tiers. Each tier is one fixed monthly price, payable regardless of volume. The features available to you depend on your tier.

Card payments taken through the Service carry a payments fee per booking, which covers Stripe's processing fee. The rate for your tier is published on our pricing page; the Custom tier's rate is set in your Order Form. Nothing is added to what your customer is asked to pay.

Each tier includes a monthly allowance of paid orders taken through your OnTote storefront. This allowance is enforced: once you reach it, the Service will decline new online bookings for the remainder of that calendar month until you move to a tier with a higher allowance. Bookings already taken are unaffected, and orders you record and settle outside the Service do not count toward the allowance. Users with owner or manager permission may confirm an individual booking beyond the allowance from the dashboard; we record when this happens.

Current tiers, prices, and order allowances are published on our pricing page, which controls unless your Order Form says otherwise. The Custom tier has no published price or allowance; both are set in your Order Form.

New workspaces begin with a 14-day free trial of the Starter tier. No fees are charged and no order allowance is enforced during the trial. Fees begin with your first full calendar month after it ends. We may extend a trial at our discretion. If a trial ends without a paid plan in place, your workspace and its data remain, but storefront bookings and most dashboard features are paused until you choose a plan. See section 18 for what happens to the data of a workspace that stays inactive.

5. Billing, renewal, and price changes

Unless your Order Form sets a longer term, subscriptions run month to month and renew automatically. We charge the payment method on file at the start of each billing period.

If your Order Form sets a fixed term, such as a year, it renews for another term of the same length unless either of us gives written notice at least 30 days before the term ends.

Fees exclude taxes, and you are responsible for any sales, use, or similar taxes on your subscription. Fees already paid are non-refundable except where these terms say otherwise or the law requires it. Where these terms promise a pro-rata refund, it covers the prepaid fees for the unused part of the billing period or term.

You can cancel a month-to-month subscription at any time, effective at the end of the current billing period. If payment fails, we may suspend the Service after giving you notice and a reasonable chance to fix it.

We will give you at least 30 days' notice before a price increase takes effect on a month-to-month subscription, and you can cancel before it does. On a fixed term, your price is locked for that term; any increase applies only from the next renewal, with at least 60 days' notice before the renewal date. Price decreases may apply immediately.

6. Payments to operators

Rental payments are processed through Stripe Connect and settle directly into your connected Stripe account. OnTote does not take custody of your Renters' funds and does not hold your balance.

You are the merchant of record for your rentals. That means refunds, chargebacks, disputes, deposit handling, and the tax treatment of rental revenue are yours to manage. Your connected account is governed by Stripe's own agreement with you, and Stripe's fees are separate from ours. If Stripe restricts or closes your account, we may be unable to process bookings for you until it is resolved.

7. The rental relationship with renters

The rental contract is between you and your Renter. OnTote provides the software that records it; we are not a party to it, and we do not rent totes.

Deposits, damage and loss charges, late fees, cancellation windows, and delivery commitments are your policies to set, publish, and enforce. You are responsible for making sure they are lawful and clearly disclosed to Renters before they book. Renters booking through a storefront are covered by the terms published on that storefront.

8. Operator responsibilities and acceptable use

The Service can only be as accurate as what you put into it. You are responsible for correct inventory and pool configuration, for honest availability and pricing on your storefront, for the communications you send to Renters through the Service, and for complying with the rental, consumer-protection, and sanitation regulations that apply to your business. You are also responsible for setting up and using the Service within your own operation, unless we have agreed in writing to do part of that for you.

You may not use the Service to:

  • break the law, or rent items you are not legally permitted to rent;
  • send unsolicited bulk messages, or contact Renters for purposes unrelated to their rental;
  • upload malware, or probe, scan, or attempt to breach the Service or its infrastructure;
  • process fraudulent or misrepresented transactions;
  • publish storefront content that infringes someone else's intellectual property or other rights, or that is defamatory, obscene, threatening, or misleading;
  • place a load on the Service that degrades it for other operators, or interfere with other operators' use of it;
  • resell, sublicense, or provide access to the Service to anyone outside your business.

Please follow the Documentation and any reasonable instructions we give about using the Service safely, such as rate limits or security guidance.

9. Enforcement and legal requests

We do not review or approve the content operators publish on their storefronts before it goes live, and we are not responsible for it. If we learn that content or activity in your workspace violates section 8, we may remove the content, restrict the feature involved, or suspend the workspace. Where the issue is not urgent, we will tell you first and give you a reasonable chance to fix it.

We may act immediately, without advance notice, where we reasonably believe activity in a workspace is putting the Service, other operators, Renters, or our infrastructure at risk, for example a security compromise, malware, or a data leak. We will tell you what we did and why as soon as it is safe to do so, and restore access once the risk is resolved.

We may disclose information about you or your workspace when required by law, subpoena, court order, or other valid legal process, and may report suspected criminal activity to the appropriate authorities. Where the law allows, we will notify you before disclosing so you can seek to protect your interests.

10. License and restrictions

For as long as your subscription is active and paid, we grant you a limited, non-exclusive, non-transferable, non-sublicensable right to use the Service and Documentation for your own internal business operations.

You may not copy, modify, or create derivative works of the Service; reverse engineer or attempt to extract its source code, except to the extent the law expressly allows despite this restriction; bypass or disable security, access, or usage-limit controls; remove proprietary notices; or use it to build or benchmark a competing product.

11. Customer data and ownership

You own your Customer Data. We claim no ownership of it. You grant us the rights we need to host, process, transmit, back up, and display it in order to provide the Service and support you, for as long as we provide the Service and for the export and deletion periods in section 18.

We do not sell your Customer Data, and we do not use it to train machine learning models. We may use aggregated, de-identified statistics that cannot be traced back to you or your Renters to operate and improve the Service. You are responsible for having a lawful basis to collect the Renter information you put into the Service. Our privacy policy explains what we collect and why.

We use reasonable technical and organizational measures to protect Customer Data against unauthorized access, loss, and misuse, as described in our privacy policy. We back up the Service regularly so we can recover from failures, but those backups exist to protect the platform, not as a restore service for individual records. We will try to help if you ask us to recover something, but cannot promise to, and complex recoveries may be quoted as Professional Services. Keep your own exports of anything you cannot afford to lose.

12. Personal data processing

For personal data about your Renters and team that you put into the Service, you are the controller (or "business") and we are your processor (or "service provider"). This section is our data processing agreement with you. It applies in addition to our privacy policy, which covers the data we control ourselves.

  • Instructions. We process that personal data only to provide the Service, on your instructions as expressed through your configuration of the Service and these terms, or where the law requires us to. We will tell you if we believe an instruction breaks data protection law.
  • No other use. We will not sell or share it, retain or use it for any purpose outside our relationship with you, or combine it with personal data from other sources except as the Service requires or the law allows.
  • Confidentiality. Everyone at OnTote with access to it is bound by a duty of confidentiality.
  • Subprocessors. You authorize the subprocessors listed in our privacy policy. We will give you notice before adding or replacing one. You may object on reasonable data protection grounds within 14 days of that notice; if we cannot resolve the objection, you may cancel and receive a pro-rata refund. We hold our subprocessors to data protection obligations at least as protective as these and remain responsible for their performance.
  • Security incidents. If we confirm a breach of security that leads to unauthorized access to, or loss or disclosure of, that personal data, we will notify you without undue delay and within 48 hours of confirming it. The notice will describe what happened, the data and people likely affected, and the steps we are taking, to the extent we know them. Deciding whether to notify Renters or regulators is yours, and we will help with the information we have.
  • Requests from individuals. If a Renter contacts us to exercise their privacy rights over data you control, we will forward the request to you within 3 business days and will not respond to it ourselves except to say we have passed it on. The Service lets you access, correct, export, and delete Renter records, and we will provide reasonable further help if you need it.
  • Assistance and audits. We will give you information reasonably needed to show our compliance with this section and to complete any data protection impact assessment. If that is not enough, you may request an audit no more than once a year, carried out on reasonable notice by an independent auditor under confidentiality, at your cost unless it finds material non-compliance by us.
  • International transfers. Our subprocessors process data in the United States. Where the law requires a transfer mechanism, we rely on those described in our privacy policy.
  • Return and deletion. At the end of your subscription we will make that personal data available to export and then delete it, as described in section 18, unless the law requires us to keep it.

13. Third-party services

The Service relies on third parties: Stripe for payments, providers for email and SMS delivery, mapping and address lookup, and analytics. Your use of those services through OnTote is also subject to their terms, and we are not responsible for their availability, accuracy, or acts. Some integrations need you to hold your own account with the provider and accept its terms directly. Where you connect an optional integration, you authorize us to exchange the data that integration needs to function.

14. Onboarding and professional services

We may offer Professional Services such as importing your existing inventory and customer records, custom configuration, or training for your team. We will describe the scope and cost in writing before we start, and we will not charge you for work you have not approved. We may decline a request, and declining does not affect your subscription.

We perform Professional Services with reasonable skill and care. You are responsible for the accuracy of the data and information you give us to work from, and for checking the result, such as an import, before you rely on it operationally. Unless your Order Form says otherwise, anything we build or configure for you becomes part of the Service and is covered by these terms.

15. Intellectual property, feedback, and publicity

OnTote, including the software, design, documentation, and brand, remains ours. Nothing in these terms transfers ownership of it to you.

If you send us feedback, ideas, or feature requests, we may use them to improve the Service without restriction and without owing you compensation. This does not give us any rights in your Customer Data. We decide what goes into the product and when.

We may name your business as an OnTote customer, and show your logo, on our website and in sales materials. If you would rather we did not, email us and we will stop within 30 days. We will not publish a quote, case study, or anything about your operation beyond your name and logo without your approval.

16. Confidentiality

Each of us may learn non-public information about the other, including the pricing and terms in an Order Form. Both of us agree to protect it with at least reasonable care, use it only to perform under these terms, and not disclose it except to employees, contractors, and advisers who need it and are bound to keep it confidential.

This does not cover information that is already public through no fault of the recipient, was known before disclosure, is received from someone else without a duty of confidence, is independently developed, or must be disclosed by law, and in that last case the recipient will tell the other party first where permitted so it can seek protection.

When our agreement ends, each of us will return or delete the other's confidential information on request, except copies kept in routine backups or required by law, which stay protected by this section. Customer Data is handled under sections 11, 12, and 18.

17. Availability, maintenance, and support

OnTote is actively developed. Features may be added, changed, or removed as the product evolves, and updates apply to every workspace, so earlier versions do not remain available. We will not make a change that materially reduces core functionality you are paying for without giving you notice.

We work to keep the Service available, but it may be interrupted by maintenance, updates, or problems with our providers. We will give at least 48 hours' notice by email or in the dashboard before planned maintenance we expect to cause meaningful downtime, and will schedule it outside typical operating hours where we can. Urgent security or stability fixes may happen without notice.

Some features are released as early access or beta and are provided without any commitment to completeness or continued availability. We do not offer a contractual uptime guarantee at this stage. If that changes, it will be set out in an Order Form or a separate service-level agreement.

Support is available through our support center and by contacting us. We aim to respond quickly, but response times depend on the nature of the request, and we do not guarantee a specific response time unless your Order Form sets one. We may point you to the Documentation where it answers your question.

18. Term, suspension, and termination

These terms apply for as long as you have an OnTote workspace. Either of us may terminate for material breach if the breach is not fixed within 30 days of written notice. Either of us may terminate immediately by notice if the other becomes insolvent, makes an assignment for the benefit of creditors, or stops operating its business. We may suspend access for non-payment as described in section 5, and for the reasons and in the way described in section 9.

We may stop offering the Service, or end your subscription without cause, by giving you at least 90 days' notice. If we do, or if you terminate because of our uncured material breach, you will receive a pro-rata refund.

On termination, your right to use the Service ends and any fees owed for periods before termination become due. For 30 days after termination you can export your Customer Data through the Service; after that we may delete it, subject to backups, which are overwritten on a rolling basis, and any records we are required to keep. The same applies to a workspace whose trial ended without a paid plan, counting from the day the trial ended, and we will email you before we delete anything.

Sections that by their nature should continue after termination do so, including fees owed, data export and deletion, confidentiality, disclaimers, limitation of liability, indemnification, and governing law.

19. Disclaimers

Except as expressly stated here, the Service is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure against every threat. Free trials and early access or beta features are provided as is, with no commitment of any kind.

Availability projections, preflight checks, and similar forecasting features are advisory. They are estimates based on the data in your workspace at the time they run, and they are not a guarantee that inventory will be available. The same applies to reports, guidance, and recommendations we provide. You remain responsible for the commitments and business decisions you make.

20. Limitation of liability

Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, lost revenue, lost data, business interruption, or reputational harm, even if advised such damages were possible.

Our total liability arising out of or relating to these terms is limited to the greater of the fees you paid us in the 12 months before the claim arose, or $100. These limits do not apply to your payment obligations, to either party's indemnification obligations, to damage caused by a party's gross negligence, fraud, or willful misconduct, or to liability that cannot be limited by law.

If something goes wrong, please tell us promptly and in enough detail for us to investigate, and give us a reasonable chance to fix it. That helps us limit the harm for both of us.

21. Indemnification

You will defend and indemnify us against third-party claims arising from your use of the Service, your Customer Data, your rental transactions and policies, or your breach of these terms, including claims brought by your Renters.

We will defend and indemnify you against third-party claims that your authorized use of the Service infringes their intellectual property rights. In either case, the indemnified party must give prompt notice, allow the other to control the defense, and cooperate reasonably.

22. Events outside our control

Neither party is liable for failing or delaying to perform, other than paying fees already owed, because of events beyond its reasonable control. Examples include natural disasters, fire, flood, war, terrorism, civil unrest, labor disputes, government action, widespread internet or power outages, failures of hosting or telecommunications providers, and large-scale cyberattacks such as denial-of-service attacks.

The affected party will tell the other as soon as practical and work to resume performance. If such an event stops us from providing a substantial part of the Service for more than 30 consecutive days, either of us may terminate by notice, and you will receive a pro-rata refund.

23. Governing law and disputes

These terms are governed by the laws of the State of Nebraska, without regard to its conflict-of-laws rules.

If a dispute comes up, we both agree to try to resolve it informally first: send written notice describing the problem, and we will work in good faith toward a resolution for 30 days before either of us starts formal proceedings.

If that does not resolve it, the state and federal courts located in Douglas County, Nebraska have exclusive jurisdiction, and we each consent to venue there. These terms contain no mandatory arbitration clause and no class-action waiver.

24. Changes to these terms

We may update these terms as the product and the law change. We may make minor changes that do not reduce your rights, such as clarifications or corrections, without advance notice. For material changes we will give at least 30 days' notice by email or in the dashboard, and we will update the date at the top of this page. A change the law requires may take effect sooner if the law requires it.

If you do not accept a material change, you may cancel before it takes effect and receive a pro-rata refund. Continuing to use the Service after a change takes effect means you accept the updated terms. Changes do not alter a signed Order Form during its term unless you agree.

25. General

These terms, together with any Order Form and the policies they reference, are the entire agreement between us and supersede earlier discussions on the same subject. Terms in your own purchase orders or vendor forms do not apply, even if we accept or sign them. You may not assign these terms without our consent, except to a successor in a merger or sale of substantially all your assets; we may assign them to an affiliate or successor.

If a provision is found unenforceable, it will be limited to the minimum extent necessary and the rest stays in force. Not enforcing a right is not a waiver of it. Notices to you go to the email on your account; notices to us go to the address in the contact section below. Where these terms require something in writing, email counts. Nothing here creates a partnership, joint venture, or employment relationship.

26. Contact

Questions about these terms? Get in touch, or email hello@ontote.com. For data processing questions, security incidents, or privacy requests, email privacy@ontote.com. OnTote LLC, a Nebraska limited liability company is based in Omaha, Nebraska.