Operator Agreement

ToteHQ Pro. The Service is provided by TOTEHQ PRO LLC, a Florida limited liability company doing business as ToteHQ Pro (“ToteHQ Pro”, “we”, “us”).

TOTEHQ PRO LLC, 1624 Broad Winged Hawk Dr, Ruskin, FL 33570, hello@mail.totehqpro.com, www.totehqpro.com.

Operator. The “Operator” (“you”) is the tote rental business that applies for access, activates a plan, or uses the operator dashboard. If you accept this Agreement for a business, you confirm you are authorized to bind that business. “You” includes the people the business lets use its account, and the business is responsible for them.

“Service” has the same meaning as in the Terms of Service: www.totehqpro.com, Apply, operator sign-in, plan checkout, the operator dashboard, and ToteHQ-powered booking sites. “Customers” means the people who book rentals from you through the Service.

• The Terms of Service are the general rules for using ToteHQ Pro. The Privacy Policy explains how we handle information. This Agreement adds the commercial detail that applies to operators.
• The three documents are meant to be read together. If this Agreement and the Terms of Service conflict on something about the operator relationship, this Agreement controls for that point. Anything this Agreement does not address is covered by the Terms of Service.
• Nothing here reduces the protections the Privacy Policy gives to individuals.

On the Core plan, once your application is approved and your plan is activated, you get access to a branded booking site, an operator dashboard, inventory tools, delivery and pickup scheduling, payments through Stripe Connect, staff access, and support by email at hello@mail.totehqpro.com.

Access and sign-in. You apply for access, and we decide whether to approve an application. You sign in with a one-time email code sent to an email address you control. Keep that email account secure and do not share codes.

Product changes. ToteHQ Pro is early-stage software. We may add, change, or remove features as the product grows. If we remove a feature that is central to running your bookings, we will try to give you reasonable notice first.

You agree to:

• Give accurate information. Keep your business, contact, tax, and payout details accurate and up to date, in your application, your dashboard, and your Stripe account.
• Operate legally. Have any licenses, permits, or registrations you need to run a tote rental business where you operate, and follow the laws that apply to your business, including consumer protection, delivery, and local rules.
• Run your own customer service. You set and honor your prices, rental terms, deposits, cancellation and refund policies, delivery windows, and cleaning standards. You handle Customer questions, complaints, damage, lost totes, and disputes.
• Handle your taxes. You are responsible for collecting, reporting, and paying any sales, use, rental, or other taxes on your rentals, and any taxes on your use of the Service.
• Decide on insurance. You choose whether and what insurance to carry for your business (for example, liability, vehicle, or property coverage). ToteHQ Pro does not provide insurance for you or your Customers.
• Market lawfully. Only send texts, emails, or other marketing to people who have given any consent the law requires. Honor STOP and unsubscribe requests right away. Follow carrier and messaging rules.
• Keep paid bookings on the platform. Do not use the dashboard or booking site to take unpaid rental orders, or to record rentals in a way designed to avoid paying our booking percentage on paid bookings.
• Supervise your staff. You are responsible for everything done under your account, including by staff you give access to. Remove access when someone leaves.
• Report problems. Tell us right away at hello@mail.totehqpro.com if you think someone has accessed your account without permission or you find a security issue.

Core is the plan. The fee structure is the same as in the Terms of Service.

• Activation fee. A one-time activation fee per business. It is not a booking charge and not a Stripe Connect application fee. It is not refunded after your dashboard is turned on.
• Booking percentage. After activation, ToteHQ Pro takes a percent of paid Customer bookings, up to an optional monthly max. If you take no paid bookings in a month, there is no booking percentage that month.
• Current rates. The current activation fee, booking percentage, and any monthly max are shown at checkout or in your dashboard. Those amounts are part of this Agreement.
• No monthly lock-in. There is no monthly minimum and no long-term commitment.
• How we collect. The booking percentage is collected through Stripe Connect when Customer payments are processed, or as otherwise shown in your dashboard. You authorize us to collect it that way.
• Stripe fees are separate. Stripe’s processing fees are set by Stripe and are separate from our fees.
• Taxes. Our fees do not include taxes. You are responsible for taxes that apply to your rentals and your use of the Service.
• Refunded bookings. How our booking percentage is handled when you refund a Customer is shown in your dashboard or at checkout. If it is not shown, ask us at hello@mail.totehqpro.com.
• Price changes. We may change pricing going forward. We will give notice before a change applies to your account. Changes will not apply to bookings already paid.
• Unpaid fees. If fees we are owed cannot be collected, we may pause your account until they are paid.

• You are merchant of record. You are the seller for every Customer rental. Customer payments are processed through Stripe Connect into your connected Stripe account. ToteHQ Pro does not hold rental revenue.
• Stripe account. To take payments, you must create and keep a Stripe connected account in good standing. You agree to the Stripe Connected Account Agreement and Stripe’s policies, which are between you and Stripe. Stripe may ask you for identity and business information, and Stripe decides whether to approve, limit, or close your Stripe account.
• Payouts. Payout timing, holds, and reserves are controlled by Stripe and your Stripe account settings, not by ToteHQ Pro.
• Refunds. You decide your refund policy and you are responsible for issuing refunds to your Customers. Make your refund and cancellation terms clear to Customers before they pay.
• Chargebacks and disputes. You are responsible for Customer disputes and chargebacks on your rentals, including any amounts and fees Stripe charges for them. Respond to disputes on time. We may share booking records with you to help, but we are not a party to the dispute.
• Not a party to rentals. The rental contract is between you and your Customer. We provide the software; we do not rent totes, deliver them, or guarantee your Customers’ payments or behavior.

Your data. You own the business data and Customer data you put into or collect through the Service (“Operator Data”). This includes your inventory, schedules, pricing, and Customer names, contact details, addresses, and booking history.

Our license to run the Service. You give us a limited, non-exclusive permission to host, copy, process, transmit, and display Operator Data only as needed to provide, secure, support, and improve the Service for you, and as required by law. We may use aggregated or de-identified data that does not identify you or your Customers to understand and improve the product.

We process Customer data for you. For Customer data, you decide why it is collected and how it is used. We process it on your behalf. That means we only process Customer data to provide the Service to you, follow your instructions given through the dashboard or in writing, or comply with law; we do not sell Customer data and do not use it to market to your Customers for ToteHQ Pro or anyone else; we limit access to people and service providers who need it to run the Service, and require them to protect it; we keep each operator’s data separate from other operators’ (tenant isolation); we use reasonable security measures appropriate for an early-stage software service; we tell you without undue delay if we learn of a security incident that affects your Customer data, and share what we reasonably can to help you respond; we help where reasonable if a Customer asks you to access, correct, or delete their information; and we delete or return Customer data when your account ends, as described in section 12, unless the law requires us to keep it.

We use outside providers (such as Stripe, and providers for hosting, database, email, SMS, and analytics) to run the Service. The Privacy Policy describes these categories.

Your privacy duties. You are responsible for having the right to collect and use your Customers’ information, including any consent needed to text or email them; giving Customers any privacy notice the law requires for your business, including on your booking site where required; and answering Customer privacy requests, with our help where reasonable.

ToteHQ Pro is early-stage software. We will use reasonable efforts to keep the Service available and working, give notice of planned maintenance when practical, usually by email or in the dashboard, respond to support emails at hello@mail.totehqpro.com within a reasonable time, and work to fix bugs and outages that affect bookings or payments as a priority.

We do not promise a specific uptime percentage and we do not offer service credits. The Service relies on outside providers, including Stripe, and their outages are outside our control. Keep your own records of bookings, schedules, and payouts so you can keep operating if the Service is unavailable.

• Our property. We own the Service, its software, designs, and the ToteHQ Pro name and logo. We give you a limited, non-exclusive, non-transferable right to use the Service for your tote rental business while your account is active.
• Our marks. You may use the ToteHQ Pro name and logo only as needed to identify the platform (for example, a “Powered by ToteHQ Pro” line). Do not suggest we endorse or partner with you beyond that, and do not change our marks or use them in your own business name or domain.
• Your brand. You keep all rights to your business name, logo, photos, and content. You give us permission to display them on your booking site and in the Service so we can run it for you. You confirm you have the right to use the content you upload.
• Restrictions. Do not copy, resell, sublicense, scrape, or reverse-engineer the Service.
• Feedback. If you send ideas or feedback, we can use them to improve the product without owing you anything.

Each side may share non-public information with the other, such as pricing, product plans, business details, and Customer data. The side receiving it will use it only for this Agreement, protect it with reasonable care, and not share it except with people and providers who need it and are bound to protect it. This does not cover information that is public, already known, independently developed, or received lawfully from someone else. Either side may disclose information if the law requires it, with notice to the other side when allowed.

You must follow the Acceptable use section of the Terms of Service. In short, do not use ToteHQ Pro for fraud, spam, illegal activity, texting or emailing people without consent, attacking or overloading the Service, scraping or reselling it, misrepresenting your business, accessing another operator’s data, or harming Customers or the platform.

We may pause, suspend, or limit your account if you break this Agreement or the Terms, create risk for Customers, Stripe, or the platform, have unpaid fees, or if the law requires it. Where reasonable, we will tell you first and give you a chance to fix the problem. In urgent cases, such as security risks, fraud, or legal requirements, we may act first and tell you after.

• Term. This Agreement starts when you accept it and continues until your account ends.
• You can leave anytime. Email hello@mail.totehqpro.com to close your account. There is no monthly lock-in and no early termination fee.
• We can end it too. We may end this Agreement with reasonable notice for any reason, or right away for a serious or repeated breach, or as allowed in section 11.
• Export. Before your account is closed, you can ask us to export your Operator Data. We will help where reasonable.
• After it ends. Your access stops. We will delete or de-identify Operator Data within a reasonable time, except what we must keep for legal, tax, fraud-prevention, or dispute reasons, or that remains in backups until they cycle out.
• Fees. Fees already earned, including the activation fee and booking percentages on paid bookings, are not refunded.
• What survives. Sections on fees owed, payments, data duties, confidentiality, intellectual property, no warranty, limitation of liability, indemnity, and governing law continue after this Agreement ends.

These match the Terms of Service.

No warranty. The Service is provided “as is” and “as available.” We do not promise it will be uninterrupted, error-free, or fit for every purpose. To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. You are responsible for checking your bookings, payouts, schedules, and inventory.

Limitation of liability. To the fullest extent the law allows, we are not liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or business opportunities, even if we were told they were possible. Our total liability for all claims relating to the Service or this Agreement is limited to the greater of (a) the fees you paid ToteHQ Pro in the 12 months before the claim arose, or (b) US $100.

This is one combined cap across this Agreement and the Terms of Service, not a separate cap for each. Some places do not allow certain limits, so some of these may not apply to you.

You agree to defend and cover ToteHQ Pro’s reasonable losses and costs (including reasonable attorneys’ fees) from claims by third parties, including your Customers, government agencies, and Stripe, that come from your rentals, deliveries, pickups, totes, or premises; your dealings with Customers, including refunds, disputes, damage, and injuries; your marketing, texts, and emails; your Operator Data and content; your taxes; or your breach of this Agreement, the Terms of Service, or the law.

We will tell you about a claim promptly, let you control the defense with counsel reasonably acceptable to us, and cooperate at your cost. You may not settle a claim in a way that admits fault for us or binds us without our written consent.

This Agreement is governed by the laws of the State of Florida, without regard to conflict-of-law rules. Any dispute relating to this Agreement or the Service will be brought only in the state or federal courts located in Hillsborough County, Florida, and you and we agree to the jurisdiction of those courts.

• Independent businesses. You and we are independent businesses. This Agreement does not create a partnership, joint venture, franchise, employment, or agency relationship.
• Assignment. You may not transfer your account or this Agreement without our written consent. We may transfer it as part of a merger, sale, or reorganization.
• Severability and waiver. If any part is found unenforceable, the rest stays in effect. If we do not enforce a part right away, we have not given up the right to do so later.
• Things outside our control. Neither side is responsible for delays caused by events beyond its reasonable control, such as outages of outside providers, natural disasters, or government actions (this does not excuse paying fees owed).
• Notices. We send notices to the email address on your account. You send notices to hello@mail.totehqpro.com.
• Entire agreement. This Agreement, the Terms of Service, the Privacy Policy, and the rates shown at checkout or in your dashboard are the full agreement between you and us about the Service as an operator, unless we sign a separate written agreement with you.

Changes. We may update this Agreement. The “Last updated” date on this page will change when we do. For material changes, we will also try to notify active operators by email before they take effect. Continued use after an update means you accept the revised Agreement.

How you accept. You agree to this Agreement, the Terms of Service, and the Privacy Policy when you do any of the following: click Apply or submit an application, activate a plan, or sign in to or use the operator dashboard. No separate signature is needed. If you do not agree, do not use the Service as an operator.

Contact. Questions about this Agreement: hello@mail.totehqpro.com

TOTEHQ PRO LLC, 1624 Broad Winged Hawk Dr, Ruskin, FL 33570, www.totehqpro.com.

ToteHQ Pro — operator software for tote rental businesses.