Effective Date: Jun, 2025
This is a really important legal document. It is very important that you carefully and thoroughly read this whole document, because it sets out your rights (and ours). Here, we set out the terms and conditions (the “Terms”) that govern all use of www.movingkite.com and all of MovingKite’s services, including any apps for your phone or tablet. These Terms form the storage agreement between us as storage operator and you as the depositor. You (and we) are bound by the terms of this Agreement.
YOUR USE OF MOVINGKITE
ELIGIBILITY
While corporate accounts for MovingKite are available, individual users must be real live natural persons over the age of eighteen (18) years and competent to enter into contracts in their own name. You can’t use MovingKite for someone else. You must provide us with your legal name (i.e., the name that matches the one on your government-issued ID). You must be the owner of all property that you store with us. No one else can have an ownership interest in the property. In executing this Agreement, you represent (or “warrant”) that you are the sole owner of the property to be stored with us and have the right to store the property. You further warrant that no third party has a lien on the property that you store in MovingKite.
You will only use MovingKite for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party. You will only use MovingKite in a manner that complies with all laws that apply to you. If your use of MovingKite is prohibited by applicable laws, then you aren’t authorized to use MovingKite. We can’t and won’t be responsible for your using components of the MovingKite service in a way that breaks the law.
MovingKite may agree to accept payments made on your behalf from a third party, at your request. Even if there is a third party making payments for you, you shall remain fully liable for all of your obligations to MovingKite. Absent a separate written agreement signed by MovingKite, such a paying party shall not become a third party beneficiary or have any rights to Your Stuff or any rights under this agreement.
ELECTRONIC CONTRACT
You agree that your order for the Services, whether made by clicking the “Confirm submit” button (which is your electronic signature) or otherwise, is your agreement to conduct transactions with us electronically, and is your affirmative consent to our use of an electronic record to provide or make available to you (whichever is required) any information required by any statute, regulation, or other rule of law to be in writing with respect to any transaction conducted with us. You will be responsible for any printing or storage of electronic records for your files and reference. When you place the order, our confirmation of your order will constitute our signature on this electronic agreement. We will send you our electronically signed confirmation when Your Stuff has been received into storage (“Storage Receipt”), which upon receipt in your inbox will constitute your acknowledgement of receiving the Storage Receipt, your acknowledgement that you were provided reasonable time to review and question your signed Storage Receipt, and will also constitute your electronic signature on the document. You also agree that no certification authority or other third-party verification is necessary to validate your electronic signature and that the lack of such certification or third-party verification will not in any way affect the enforceability of your electronic signature or this agreement.
PRIVACY
MovingKite takes the privacy of its users very seriously. For the current MovingKite Privacy Policy, please click here.
The Children’s Online Privacy Protection Act (“COPPA”) requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13. We do not knowingly collect or solicit personally identifiable information from children under 13; if you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at support@movingkite.com.
OUR WEBSITE
All content included on MovingKite (and the software that runs it) is the property of MovingKite or MovingKite’s licensors or other content suppliers. There are copyright and trademark and other laws that apply to protect that content.
We own or license all content on our website and Application (defined below) including any trademarks, service marks, or logos. We reserve all our rights (so your rights are those expressly named for you). You may not access or use (in any fashion, where use is interpreted as broadly as possible) content on MovingKite without the express prior written consent of the respective owners.
Subject to these Terms and your compliance therewith, we grant you a limited non-exclusive, non-transferable, non-sublicensable license solely to access, display and use MovingKite for your personal, non-commercial use. Other than fair use, other uses are prohibited without express consent.
THINGS YOU CAN'T DO TO WITH MovingKite
No page-scraping, spidering, or other automated access (or equivalent manual process) is allowed. This means you can’t copy or monitor MovingKite, or bypass or circumvent MovingKite’s navigation or structural presentation.
You agree you won’t hack or try to hack our systems. You will not accept or try to gain unauthorized access to MovingKite data, any part of MovingKite, or to any other systems or networks connected to MovingKite or to any MovingKite server. This includes hacking, phishing, cracking, or any other illegitimate means.
You agree you won’t use MovingKite in violation of any law, rule, or regulation.
You agree you won’t try to scan or test the vulnerability of MovingKite, try to breach our security or authentication measures, or generally try to bypass our security.
You also agree to leave other users alone: no attempts at cross-site scripting, IP tracing, reverse look-up, or other mechanism to obtain information on any other user of or visitor to MovingKite.
You promise not to do anything that could impose an unreasonable or disproportionately large load on MovingKite or the systems it is connected to and runs on.
You agree not to decompile, reverse engineer, copy, modify, creative derivative works, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to MovingKite.
You agree not to manipulate raw TCP/UDP streams or engage in other unauthorized conduct at the bit level. You will not forge headers or attempt to disguise the origins of messages or packets. You will not call our headquarters pretending to be someone else.
MovingKite reserves the right to bar any additional activities that could be injurious to MovingKite or its users. You will comply with any updated prohibitions.
WHAT HAPPENS WHEN YOU BREAK THE RULES
You are responsible for everything you do involving MovingKite. To the fullest extent permitted by law, you agree to indemnify, defend, and hold us harmless (and all of our employees, affiliates, directors, officers, or anyone else we promise to similarly hold harmless) from all liabilities, losses, damages, claims, and expenses, including reasonable attorneys’ fees, that arise from: (i) violation of our Terms, Privacy Policy, or (ii) the items you store with us.
MovingKite may terminate your MovingKite account at any time, with or without cause. If we terminate your account without cause, such termination will be subject to thirty (30) days advance written notice (unless you waive your rights to such notice). In these circumstances, we will refund any pre-paid monthly fees and arrange for the return of your items back to you at our expense.
If we terminate your account for cause (such as violation of our Terms, or Privacy Policy), we will notify you of the termination, and you will have thirty (30) days to collect Your Stuff at your cost via MovingKite, subject to our Standard Pricing.
Notwithstanding our lien law rights or other applicable Terms, if you have placed specific items in MovingKite in violation of our Terms (including our Storage Rules) that may contaminate other items, put MovingKite or the property of other customers at risk, or in any way pose a risk to human health, MovingKite reserves the right to (i) terminate your account and/or (ii) quarantine or dispose of those items at your expense with no compensation owed to you. Where feasible, MovingKite will attempt to contact you to arrange for quarantine (at your expense) or another way of resolving the hazard raised.
CANCELLING YOUR ACCOUNT
You can begin the process of closing your account at any time by contacting MovingKite support. (Any fees for delivery or a Minimum Commitment will still apply). You must arrange for any administrative costs (as set out in this Agreement) related to the discontinuance of the Services. You must continue to pay us your rent until all of Your Stuff has been returned to you.
YOUR RESPONSIBILITIES, OUR RIGHTS, AND LIMITATIONS ON LIABILITY
PACKING YOUR STUFF
Proper packing is essential to a good experience with MovingKite. How you pack Your Stuff determines both the condition that it will be returned in and the limitations on our liability if something is damaged.
Here are our packing advise and Prohibited items for you.
You are responsible for safely and securely packing each Item (or otherwise protecting it with packing supplies and moving blankets). This includes packing Your Stuff so that it will not be damaged during the provision of the Services. You understand that the Item will be moved from time to time in connection with deliveries or as may be needed for its storage. By having us pick up an Item, you are making the statement (i.e., you “represent and warrant”) that the Item has been packed appropriately and is sturdy enough for the Services related to storage. You agree that MovingKite is not responsible for any damage caused by or arising from your failure to properly pack your Item or your packing of a Prohibited or fragile Item. If a damaged item becomes unsafe for or hazardous to our Operations team members, we may not be able to deliver the item in the damaged condition, and in some instances, we may be required to dispose of the damaged item. If the damaged item causes damage to other items in the same container or to other containers, we reserve the right to dispose of other items damaged by your storage of a Prohibited or fragile Item or failure to properly pack an unsafe or hazardous Item. Items that you pack yourself are only subject to the Basic Protection Plan. We reserve the right to refuse to accept any Item that appears insufficiently sturdy or too poorly packed for the Service related to storage, or we may require that you purchase Supplies and/or elect to use our Packing Services and/or waive or further limit our liability for the Item before we will store your Item.
If you have questions about how the weight restrictions might apply to Your Stuff, please contact our Customer Support team well in advance (and at least 24 hours before) your appointment.
TRANSPORT YOUR ITEMS
MovingKite cooperates with third-party shipping agencies such as FedEx to provide you with door-to-door pickup services and domestic shipping services. MovingKite, as an operating platform, collects user information and freight information to obtain a shipping label. After arriving at the warehouse processing center in the United States, the package will be weighed and strengthened; all operations of the goods in the warehouse center are subject to the relevant terms published by MovingKite. The logistics and transportation in the United States are carried out by third-party transportation agencies such as FedEx; during the transportation process, the goods are subject to the relevant terms of service published by the third-party transportation agencies such as FedEx.
STORAGE CONDITIONS
Your Stuff will be stored in a warehouse facility using sophisticated warehouse racking and it may be palletized. We will use commercially reasonable efforts to maintain the temperature of the facility. Other than temperature, Your Stuff will not be stored in a climate-controlled environment. The air flow, moisture level, and heat will not be regulated. We will take commercially reasonable steps to protect your items from the growth of mold or similar microorganisms. However, because Your Stuff will not be stored in a completely climate-controlled environment, we cannot guarantee that mold or similar microorganisms may not develop on Your Stuff. We are not liable for the natural growth of mold, or mildew or similar microorganisms on Your Stuff. You assume the risk that mold or similar microorganisms could develop under these circumstances.
RIGHT TO ENTER, INSPECT AND MOVE YOUR STUFF
MovingKite does not open other sealed containers for the purposes of providing photographs as part of our standard service. MovingKite (and its agents, representatives, and subcontractors) reserve the right to open and inspect any Item in the event of an emergency, suspected criminal activity, suspected storage of prohibited goods or violation of Storage Rules, or upon your default (see “Default” below) under this Agreement. Should MovingKite (or its agents, representatives, and subcontractors) receive a search warrant from a governmental agency, we may, without incurring any liability to you, immediately remove any seal from the relevant Item(s), allow your Item(s) to be searched, and, if applicable, the Item or its contents to be seized. Should MovingKite (or its agents, representatives, and subcontractors) receive a subpoena, or a law officer or governmental agency requests documents or information about Your Stuff, you agree that we may provide such information or documents without incurring liability to you.
In furtherance of the Services to you, we will store Your Stuff at our warehouse facility. You acknowledge and agree that at any time while you are storing Your Stuff with MovingKite, we shall have the right, at our sole discretion, to move Your Stuff to another warehouse facility in the continental United States. You will have the right to view inventory of Your Stuff and information on the condition of Your Stuff at any time at our website. Any decision by MovingKite to move Your Stuff will not affect your financial obligations to us during the course of your time storing with MovingKite.
PAYING FOR OUR SERVICES
Service Pricing
Billing will be calculated based on the weight and dimensions of the package, and the user will be shown the results of the weighing and how each fee is calculated. Please refer to the results displayed at our website. Billing fees include pickup fees, shipping fees, insurance fees, storage fees, and signature fees. If there are additional special service fees, the user will be responsible for it.
Movingktie reserves the right to change the price list with notice.
TERM AND RENT
The period of time that this Agreement is in effect is called the “term”. The term begins when you sign or accept this Agreement and will continue on a month-to-month basis until terminated. We can modify this Agreement at any time after providing notice to you.
You shall pay rent to MovingKite according to the Storage period and the Services you use. Rent must be paid when it is due, or you’ll be subject to a Delinquency Fee, denial of access, and ultimately a lien sale (see “Default” below). Rent must be paid in full, without any deductions, without prior notice or prompting from us. Rent is not refundable. The rent amount you must pay is the sum of the full amounts set out in the Standard Pricing that apply to your Storage period, including rent arising from the Minimum Commitment, plus any fees for the Services, plus any applicable sales and other taxes imposed by any taxing authority.
Your rent, fees, and charges may be adjusted by MovingKite. MovingKite will provide notice to you at least thirty (30) days prior to the first day on which any rent adjustment will be effective. (This means we can make changes to your rent if we give you a 30 days heads up). Any adjustment to rent, fees, and charges will not otherwise affect other terms of this Agreement and all other terms of this Agreement shall remain in full force and effect.
PAYMENT
You will pay us by providing a valid, unexpired credit card. We only accept credit cards for recurring charges. We do not accept prepaid cards, nor do we accept payment by cash, bank check, or certified check.
You agree that MovingKite, or another company that we rely on, will save your Card information and will use it for any future charges. We will automatically charge your Card when rent is due and may also automatically attempt to charge outstanding unpaid charges on the Card. We are not responsible for any fees charged to you by your bank or Card issuer related to our successful or attempted charges to your Card (e.g., overdraft fees). If you want us to stop charging the Card, you need to notify us by providing us with details of a replacement card on your Account Settings page.
If we are unable to bill the Card, we will send you a email notice and try again everyday until the charge succeeds. If payment fails for 7 consecutive days, the warehouse will discard your package. It is your responsibility to ensure the Card remains valid and your rent is being paid.
DEFAULT: DENIAL OF ACCESS
You are required to make all rent payments and other payments when they are due. If you fail to pay rent or other fees on time, in addition to any other conditions, it means you are in “default” under this Agreement.
You may (at our sole discretion) be denied access to Your Stuff if you are in default.
We will make commercially reasonable efforts to inform you of your default and collect any rent that is due. If you remain in default, we will charge you additional fees per our Standard Pricing.
If you end up late on your payments, we may accept a full or partial payment of the rent or other outstanding fees, either using the Card or via another payment method of our choosing and communicated to you in writing. However, our acceptance of a partial payment does not make up for you being late (legally it does not “cure your default or waive or stop us from pursuing our remedies discussed in this Agreement and at law”). A partial payment will not release Your Stuff from any failure to pay (“default”) under this Agreement. Remember: You will not be able to access Your Stuff when you are in default.
DEFAULT: MovingKite’S LIEN
MovingKite HAS A LIEN UPON ALL PERSONAL PROPERTY STORED BY YOU FOR OUTSTANDING RENT, LABOR, OR OTHER CHARGES, PRESENT OR FUTURE, IN RELATION TO THE PERSONAL PROPERTY, AND FOR EXPENSES NECESSARY FOR ITS PRESERVATION, OR EXPENSES REASONABLY INCURRED IN ITS SALE OR OTHER DISPOSITION AS PERMITTED BY APPLICABLE LAW. MovingKite MAY ENFORCE THE LIEN BY SELLING THE PERSONAL PROPERTY STORED BY YOU AT A LIEN SALE IN ACCORDANCE WITH APPLICABLE LAW. MovingKite WILL PROVIDE YOU WITH DUE AND PROPER NOTICE OF THE LIEN SALE PRIOR TO ITS OCCURRENCE. SUCH NOTICE MAY OCCUR BY EMAIL IN ACCORDANCE WITH THE REQUIREMENTS OF THE LAW WHERE YOUR STUFF IS STORED.
DEFAULT: UNAUTHORIZED USE OF CARD
You agree that if you pay by Card and later the charges for rent are reversed or charged-back as unauthorized or not permitted, that after thirty (30) days if you have not provided us with a replacement card and repaid the past rent (and any administrative fees resulting from the charge back or reversal), that MovingKite may consider all property in your account as surrendered and may sell those items under its normal procedures for abandoned items. MovingKite will credit your account with the net proceeds of such sale, and you will remain liable to MovingKite for the remaining amounts.