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Storage Service Agreement

Last Updated: January 13, 2026 Version: 1.0.0

Welcome to Tote Llama. This Storage Service Agreement ("Agreement") governs your use of the Tote Llama mobile application, website, and all related services (collectively, the "Service") operated by Tote Llama™ LLC ("Tote Llama," "we," "us," or "our").

By creating an account, checking the acceptance box, or using our Service, you agree to be bound by this Agreement. If you do not agree to this Agreement, do not use our Service.

1. Description of Service

1.1 What We Provide

Tote Llama provides a valet storage service that includes:

  • Storage totes: 27-gallon storage totes for your personal belongings
  • Pickup service: We collect totes from your designated address
  • Storage: Secure warehousing of your totes at our facility
  • Delivery service: We return totes to your designated address upon request
  • Inventory management: Digital cataloging of tote contents through our mobile application
  • Search functionality: Ability to search and locate items across your stored totes

1.2 What We Do Not Provide

  • Direct access to our storage facility
  • Traditional self-storage unit rental
  • Moving services beyond tote pickup and delivery
  • Insurance beyond our standard coverage (see Section 7)

2. Account Registration and Eligibility

2.1 Eligibility

To use our Service, you must:

  • Be at least 18 years of age
  • Be a legal resident of a service area where Tote Llama operates
  • Have a valid payment method
  • Provide accurate and complete registration information

2.2 Account Security

You are responsible for:

  • Maintaining the confidentiality of your account credentials
  • All activities that occur under your account
  • Notifying us immediately of any unauthorized use

We reserve the right to suspend or terminate accounts that we reasonably believe have been compromised.

2.3 Authorized Users

  • You may designate up to two (2) authorized users on your account through the app settings
  • Authorized users may request pickups, deliveries, and access inventory information
  • You remain fully responsible for all actions taken by authorized users and all fees incurred
  • You may add or remove authorized users at any time through the app
  • Authorized users must be at least 18 years of age

2.4 Account Holder Death or Incapacity

In the event of your death or legal incapacity:

  • Authorized users on your account may continue to access the Service and manage totes
  • Legal representatives (executor, administrator, guardian, conservator, or attorney-in-fact under a valid power of attorney) may assume control of your account upon providing:
  • Death certificate or court order establishing incapacity
  • Letters testamentary, letters of administration, guardianship order, or valid power of attorney
  • Government-issued identification of the legal representative
  • Timeline: Legal representatives have 90 days from the date we are notified of your death or incapacity to claim account access. After 90 days, we may treat the account as abandoned under Section 9.5.
  • Continued fees: Storage and rental fees continue to accrue during this period. Legal representatives assume responsibility for all accrued fees upon claiming the account.
  • No representative identified: If no legal representative claims the account within 90 days, we will attempt to deliver totes to the address on file and exercise our rights under Section 9.5.

To report an account holder's death or incapacity, contact support@totellama.com.

3. Storage Terms and Conditions

3.1 Tote Rental

  • Totes remain the property of Tote Llama at all times
  • You are renting storage space within our totes, not the totes themselves
  • Fees are charged for each tote in your possession or in storage at our facility
  • Totes must be returned in reasonable condition, normal wear excepted

3.2 No Facility Access

You acknowledge and agree that you will NOT have direct access to our storage facility. All retrieval of items must be done through our scheduled pickup and delivery service. This is a material term of our service model.

3.3 Relationship of Parties; Limited Bailment

The relationship between you and Tote Llama is that of a service provider and customer. While Tote Llama takes temporary possession of your sealed totes, this creates a limited bailment with the following scope:

  • Our duty of care is limited to exercising reasonable care in the handling, transport, and storage of your sealed totes as a unit. We do not open, inspect, or handle individual items within totes.
  • We are not responsible for the arrangement, packing, or condition of items inside sealed totes.
  • Our liability is strictly limited to the terms set forth in Section 7 of this Agreement.
  • You retain responsibility for properly packing and protecting items within totes.

This limited bailment relationship does not create any duties beyond those expressly stated in this Agreement.

4. Pickup and Delivery

4.1 Scheduling

  • Pickups and deliveries must be requested through the Tote Llama app
  • Pickups and deliveries will be scheduled based on operational capacity and route availability
  • Delivery and pickup windows are estimates and not guaranteed exact times

4.2 Delivery Location and Procedures

  • Deliveries are made to the curbside or building entrance of your designated address
  • Totes will be left at the delivery location; you are not required to be present unless Tote Llama determines attended delivery is necessary for security reasons
  • You are responsible for totes once they are delivered to your designated address
  • You will receive in-app notification when your totes are delivered
  • Any damage to totes or contents must be reported within 10 calendar days of delivery

4.3 Delivery Confirmation

  • Our delivery personnel will photograph totes at your delivery location as confirmation of delivery
  • Delivery photos, GPS coordinates, and timestamps are recorded and retained for dispute resolution
  • You will receive delivery confirmation via in-app notification including the delivery photo
  • Delivery confirmation records are presumptive evidence of delivery. If you dispute that a delivery was made, you must provide evidence to support your claim (e.g., security camera footage, witness statements)

4.4 Disputed Deliveries

If you believe a tote was not delivered, delivered to the wrong location, or contents were missing or damaged upon delivery:

  1. Report the issue within 10 calendar days of the delivery notification
  2. Provide any available evidence (photos, video, witness information)
  3. We will investigate using our delivery records and any evidence you provide
  4. If we determine the issue was caused by Tote Llama, standard coverage (Section 7.1) applies
  5. If our records show successful delivery and you cannot provide contrary evidence, we are not liable for subsequent loss or theft

4.5 Pickup Procedures

  • You must place totes at your designated pickup location prior to the scheduled pickup time
  • Totes must be properly sealed before pickup
  • You are not required to be present for pickup
  • A digital record of totes collected will be reflected in your app account

4.6 Service Area

We currently service select areas in Eugene, Oregon. Service availability is subject to change.

4.7 Relocation Outside Service Area

If you move outside our service area:

  • You must notify us of your new address and request final delivery of all stored totes before your move
  • Final delivery to addresses within our service area will be charged at standard delivery rates
  • If your new address is outside our service area, we will deliver totes to your last known address within the service area. You are responsible for arranging transport from that location.
  • If you fail to arrange delivery before moving and we cannot reach you, we may treat your account as abandoned after 60 days of non-response (see Section 9.5)
  • Storage fees continue to accrue until all totes are delivered

5. Prohibited Items

You agree NOT to store any of the following items in Tote Llama totes:

5.1 Hazardous Materials

  • Flammable liquids (gasoline, kerosene, lighter fluid)
  • Explosives and ammunition (fireworks, propane tanks)
  • Firearms and weapons
  • Toxic chemicals, acids, corrosives, or solvents capable of damaging containers
  • Radioactive materials
  • Asbestos or asbestos-containing materials
  • Compressed gas cylinders

5.2 Illegal Items

  • Controlled substances or illegal drugs
  • Stolen property
  • Counterfeit goods
  • Any item illegal to possess in Oregon

5.3 Perishables and Living Things

  • Food or perishable items
  • Plants
  • Animals (living or deceased)
  • Any organic matter that may decay

5.4 High-Value or Irreplaceable Items

  • Cash or currency
  • Jewelry valued over $500 per item
  • Precious metals
  • Important documents (passports, birth certificates, deeds)
  • Items of unique sentimental value without replacement value
  • Collectibles or antiques valued over $500 per item

5.5 Other Prohibited Items

  • Tires
  • Wet items or items with active mold/mildew
  • Items with strong odors
  • Batteries (except those contained in electronics)

Violation of this section may result in immediate termination of service, removal of prohibited items at your expense, and you will be liable for any damage to Tote Llama property, other customers' property, fines, or other costs incurred.

6. Acceptable Use

6.1 App Usage

You agree to use the Tote Llama app only for its intended purposes. You will not:

  • Attempt to gain unauthorized access to our systems
  • Use the app for any illegal purpose
  • Interfere with or disrupt the Service
  • Reverse engineer, decompile, or disassemble any part of the app
  • Use automated scripts or bots to access the Service
  • Share your account credentials with others

6.2 Tote Usage

  • Totes must be used only for storage of permitted personal property
  • Do not modify, damage, or deface totes
  • Do not remove or alter any Tote Llama branding or tracking devices
  • Do not apply, remove, or alter any adhesive labels, stickers, or markings on totes
  • Do not use totes for any commercial purpose without prior written approval

7. Liability and Insurance

7.1 Standard Coverage

Each tote in Tote Llama's care is covered by our standard protection plan up to $100 per tote. This coverage applies to loss or damage caused directly by Tote Llama's negligence during:

  • Pickup
  • Transport
  • Storage at our facility
  • Delivery

7.2 Tote Damage

  • If a Tote Llama tote fails (cracks, leaks, or otherwise becomes compromised) while in our possession due to a manufacturing defect or our negligence, resulting damage to your contents is covered under Section 7.1
  • If tote failure is caused by your overpacking, storing prohibited items, or improper use, you are responsible for any resulting damage and may be charged for tote replacement
  • Normal wear and tear to totes does not constitute tote failure

7.3 Employee and Contractor Conduct

  • Tote Llama is responsible for the acts and omissions of our employees and contractors performed within the scope of their duties
  • Theft by a Tote Llama employee or contractor is covered under our standard coverage (Section 7.1), subject to the stated limits
  • You must report suspected theft within 10 calendar days of discovery
  • We reserve the right to investigate claims and may involve law enforcement

7.4 Coverage Exclusions

Standard coverage does NOT apply to:

  • Loss or damage caused by prohibited items
  • Loss or damage to items not documented in the app inventory
  • Loss or damage occurring while totes are in your possession
  • Mysterious disappearance without evidence of Tote Llama negligence
  • Damage from pests, rodents, or insects originating from your property or items
  • Damage from pests, rodents, or insects originating from the property or items of other customers, except where Tote Llama failed to exercise reasonable care after discovering the infestation
  • Acts of God, natural disasters, or events beyond our reasonable control
  • War, terrorism, or civil unrest
  • Your own negligence or improper packing
  • Items with value exceeding $100 per tote
  • Consequential, indirect, or special damages (meaning losses secondary to the primary loss, such as lost profits, lost data, business interruption, or emotional distress)

7.5 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TOTE LLAMA'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM OR RELATED TO THIS AGREEMENT OR THE SERVICE SHALL NOT EXCEED THE GREATER OF (A) $100 PER AFFECTED TOTE, OR (B) THE TOTAL FEES ATTRIBUTABLE TO THE AFFECTED TOTE(S) THAT YOU HAVE PAID TO TOTE LLAMA IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

IN NO EVENT SHALL TOTE LLAMA BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

7.6 Waiver of Sentimental Value Claims

You acknowledge that certain items may have sentimental value that exceeds their monetary replacement value. You waive any right to claim damages based on sentimental or emotional attachment to stored items. Compensation, if any, will be limited to the actual current cash value of items, not exceeding the limits stated herein.

7.7 Your Responsibility

You are responsible for:

  • Accurately documenting tote contents in the app
  • Properly packing items to prevent damage
  • Not storing prohibited items
  • Maintaining your own insurance for high-value items

We strongly recommend that you maintain renter's or homeowner's insurance that covers stored personal property, or obtain separate storage insurance for items exceeding our standard coverage.

7.8 Claims Process

To file a claim:

  1. Report damage or loss within 10 calendar days of delivery
  2. Provide photographic evidence if applicable
  3. Provide documentation of item value (receipts, appraisals)
  4. Submit claim through the Tote Llama app or email support@totellama.com

Claims submitted after 10 days may be denied.

8. Indemnification

You agree to indemnify, defend, and hold harmless Tote Llama, its officers, directors, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or related to:

  • Your violation of this Agreement
  • Your violation of any applicable law
  • Storage of prohibited items
  • Any claim by a third party related to items you store
  • Personal injury or property damage caused by your actions or negligence

This indemnification obligation does not apply to the extent that a claim arises from Tote Llama's sole negligence or willful misconduct.

9. Fees and Payment

9.1 Pricing

  • Tote rental and storage fees are charged monthly for each tote in your possession or in storage at our facility, pro-rated based on the number of days in the billing period
  • Delivery and pickup fees are charged per tote when the service is requested
  • Your first delivery is free
  • Each month, you receive a number of included deliveries at the standard rate based on the number of totes you rent. Deliveries beyond your monthly included amount are charged at a higher rate. Your current delivery quota and usage are visible in the app.
  • Sign-up codes are valid for new accounts only and limited to one code per customer and address
  • Sign-up codes have an expiration date; codes must be redeemed before that date
  • Sign-up codes may include discounted rates for storage, delivery, or pickup fees. Discounted rates apply for a specified duration from account activation and are displayed in the app. When a discount expires, the standard rate applies.
  • Credits may be applied to your account at our discretion. Credits have no cash value and expire 2 months after being applied. Unused credits will be forfeited upon expiration.
  • Current pricing, including any active discounts and your delivery quota, is available in the app and on our website
  • Prices are subject to change with 14 days' notice

9.2 Billing and Automatic Charges

AUTOMATIC RECURRING CHARGES: By using the Service, you authorize Tote Llama to automatically charge your payment method on file for all fees as they accrue. This includes:

  • Rental and storage fees: Billed monthly for each tote in storage at our facility or in your possession, pro-rated for partial months
  • Delivery and pickup fees: Charged per tote at time of service request; fees may vary based on your monthly delivery quota (see Section 9.1)

These charges will continue automatically until you return all totes to Tote Llama or close your account. There is no fixed term or commitment period—you may end the Service at any time by returning all totes.

  • You are responsible for keeping payment information current
  • If a charge fails, we will attempt to notify you and may retry the charge
  • Continued failure to pay may result in account restrictions as described in Section 9.5

9.3 Refunds

  • Fees are generally non-refundable
  • Credits have no cash value and are non-refundable except as required by law
  • Refunds for service failures will be evaluated on a case-by-case basis

9.4 Ending Your Tote Rentals

To stop incurring fees:

  • Return all totes in your possession via our pickup service
  • Request delivery of any totes stored at our facility
  • Once all totes are returned to Tote Llama, no further rental or storage fees will accrue

You retain access to your app account regardless of whether you have active tote rentals.

9.5 Unpaid Balances and Lien Rights

If your account has an unpaid balance:

  • Your account may be restricted from requesting new deliveries or pickups
  • We may deliver any totes stored at our facility to your address on file and schedule pickup of our totes; you must remove your contents promptly upon such delivery
  • Late fees may be assessed as permitted by law

Lien Rights: Because Tote Llama maintains possession of your property and does not provide you with direct facility access, we operate as a warehouseman under Oregon law. We have a warehouseman's lien on your stored property for unpaid charges under ORS 78.2090. If your account remains unpaid for 60 days or more:

  1. We will send written notice to your last known address and email specifying the amount due and our intent to enforce our lien
  2. You will have 14 days from the date of notice to pay the balance in full
  3. If payment is not received, we may sell or dispose of your property at public or private sale after providing the notice required by ORS 78.2100
  4. Proceeds from any sale will be applied first to storage and handling charges, then to sale costs, with any surplus returned to you

You remain liable for all accrued fees, delivery and pickup costs, and any deficiency remaining after sale of property.

10. Termination

10.1 Termination by You

You may terminate your account at any time by returning all totes to Tote Llama and paying any outstanding balance.

10.2 Termination by Tote Llama

We may suspend or terminate your account immediately if:

  • You violate this Agreement
  • You store prohibited items
  • Your account has an unpaid balance
  • We reasonably believe your use poses a safety or legal risk
  • Required by law

10.3 Effect of Termination

Upon termination:

  • Your right to use the Service ends immediately
  • You remain responsible for all fees incurred through the date of termination
  • You must arrange delivery of any stored totes and return of all Tote Llama totes within 14 days
  • If you fail to arrange delivery and return within 14 days, we may deliver stored totes to your address on file and schedule pickup of our totes
  • Sections 7, 8, 11, 12, and 13 survive termination

10.4 Business Discontinuation

In the event Tote Llama ceases operations or discontinues the Service:

  • Notice: We will provide notice via email and in-app notification as soon as reasonably practicable
  • Final delivery: We will deliver all stored totes to your address on file at no additional delivery charge. You must remove your belongings and make our totes available for pickup within 14 days of delivery.
  • Storage fees: Storage fees continue to accrue until your totes are delivered to your address
  • Unclaimed property: If we are unable to deliver totes to you (invalid address, refusal of delivery, etc.) after reasonable attempts, property may be handled in accordance with Oregon unclaimed property laws
  • Data export: You will have the opportunity to download your inventory data before the Service is discontinued

In the event of bankruptcy or insolvency, customer property stored by Tote Llama remains your property and is not part of Tote Llama's estate.

11. Intellectual Property

11.1 Our Property

The Tote Llama app, website, logos, trademarks, and all related content are the property of Tote Llama or its licensors. You receive no ownership rights by using the Service.

11.2 Your Content

You retain ownership of photos and descriptions you upload to the app. By uploading content, you grant Tote Llama a non-exclusive license to use such content solely for providing the Service.

11.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by Tote Llama without compensation or attribution.

12. Privacy and Data

Your privacy is important to us. Please review our Privacy Policy which explains how we collect, use, and protect your information. By using the Service, you consent to our data practices as described in the Privacy Policy.

12.1 Inventory Data

  • Your responsibility: You are responsible for maintaining accurate inventory records of your tote contents in the app. We recommend keeping your own backup records of stored items.
  • Data accuracy: Tote Llama does not verify or guarantee the accuracy of inventory data you enter. Inventory records are for your convenience and do not constitute proof of contents.
  • Data loss: While we take reasonable measures to protect your data, we are not liable for loss or corruption of inventory data due to technical failures, cyberattacks, or other causes. In the event of data loss, we will make reasonable efforts to restore data from backups where available.
  • Disputes: If there is a discrepancy between your claimed tote contents and app inventory records, the app inventory records will be given weight in evaluating claims, but are not conclusive proof of contents.

12.2 Service Availability

  • The app and Service may be temporarily unavailable due to maintenance, updates, or technical issues
  • We do not guarantee uninterrupted access to the app or Service
  • Scheduled maintenance will be announced in advance when practicable
  • Service unavailability does not suspend your payment obligations or storage fees

13. Dispute Resolution

13.1 Informal Resolution

Before filing any formal dispute, you agree to contact us at support@totellama.com and attempt to resolve the dispute informally for at least 30 days.

13.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

If informal resolution is unsuccessful, you and Tote Llama agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the Service shall be resolved by binding arbitration, rather than in court, except that either party may bring claims in small claims court if the claims qualify.

Arbitration Rules and Procedures:

  • Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules
  • The arbitration will be conducted in Lane County, Oregon, unless you and Tote Llama agree otherwise
  • The arbitrator's decision will be final and binding, and judgment may be entered in any court of competent jurisdiction
  • The arbitrator may award the same remedies that a court could award, subject to the limitations in this Agreement

Costs:

  • If your claim is for $10,000 or less, Tote Llama will pay all arbitration filing fees and arbitrator costs
  • If your claim is for more than $10,000, filing fees and arbitrator costs will be shared as provided by AAA rules
  • Each party will bear its own attorneys' fees unless the arbitrator determines that a claim was frivolous

13.3 Class Action and Jury Trial Waiver

YOU AND TOTE LLAMA AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

The arbitrator may not consolidate more than one person's claims and may not preside over any form of class, collective, or representative proceeding.

YOU WAIVE ANY RIGHT TO A JURY TRIAL FOR ANY DISPUTE COVERED BY THIS ARBITRATION AGREEMENT.

13.4 Opt-Out

You may opt out of this arbitration agreement by sending written notice to support@totellama.com within 30 days of first accepting this Agreement. Your notice must include your name, address, and a clear statement that you wish to opt out of arbitration. If you opt out, you and Tote Llama will resolve disputes in court as provided in Section 13.6.

13.5 Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon, without regard to its conflict of law provisions. The Federal Arbitration Act governs the interpretation and enforcement of the arbitration provisions of this Agreement.

13.6 Venue

For disputes not subject to arbitration (including if you opt out), any disputes arising from this Agreement shall be resolved in the state or federal courts located in Lane County, Oregon.

14. General Provisions

14.1 Entire Agreement

This Agreement, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Tote Llama.

14.2 Severability

If any provision of this Agreement is found unenforceable, the remaining provisions will continue in effect.

14.3 Waiver

Our failure to enforce any right or provision of this Agreement will not be considered a waiver of those rights.

14.4 Assignment

You may not assign or transfer this Agreement without our prior written consent. We may assign our rights and obligations without restriction.

14.5 Notices

We may provide notices to you via email, SMS text message, telephone, in-app notification, or posting on our website, using any contact information you have provided. You may provide notices to us at support@totellama.com.

14.6 Force Majeure

Tote Llama shall not be liable for any delay or failure to perform resulting from causes outside our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, labor disputes, government action, or failure of third-party services.

14.7 Modifications

We may modify this Agreement at any time. Material changes will be communicated via email or in-app notification at least 14 days before taking effect. Your continued use of the Service after changes take effect constitutes acceptance of the modified Agreement.

15. Contact Information

If you have questions about this Agreement, please contact us:

Tote Llama LLC Eugene, Oregon

Email: support@totellama.com Support: support@totellama.com