Terms and conditions

General provisions

    1. Unless these Terms of Use expressly state something different, the following terms used in these Terms of Use have the following meaning:
      • SF Manager means an entity which uses the App with respect to the specific real-estate project (the Profile as defined below) and which is possible to contact via helpdesk specified in the App, and is identified as “we”, unless such designation is used only with the Spaceflow (i.e. without explicit reference to the SF Manager);
      • Spaceflow means company Spaceflow s.r.o. with registered seat at Pernerova 676/51, Karlín, 186 00 Praha 8, ID: 05184142, registered by the Commercial Register maintained by the Municipal Court in Prague, File No. C 259630, established and governed by the laws of the Czech Republic, and is identified as “we”, unless such designation is used specifically with the SF Manager;
      • App means the website – admin.spaceflow.io, the mobile and touch versions and any sites, designed and operated by the Spaceflow and which the SF Manager is licensed to use and uses;
      • Merchant means any person who offers his goods and/or services through the App and within a particular Profile to the User (as defined below) and is identified as You, unless such designation is used (or can be applicable due to the nature of your purpose) only with the User;
      • User means any natural person who creates the User Account (as defined below) and uses the App and is identified as You, unless such designation is used only with the Merchant, unless stated otherwise you have a position of Ordinary User;
      • Office managermeans any User, to whom the SF Manager granted the right of office manager in relation to the Building profile (as defined below), and has rights connected with it;
      •  “Tenant representative“ means any User, to whom the SF Manager granted the right of tenant representative in relation to the particular Residential building profile (as defined below), and has rights connected with it;
      • „Ordinary User“ means the User who is not the Office manager or the Tenant representative;
      • User Account means an account created for the User, that allows User to use the App;
      • Merchant Account means an account created for the Merchant, that allows the Merchant to offer its goods and/or services through the App to the User;
      • Account means the User Account and the Merchant Account;
      • Building user means a natural or legal person who has a right to use an accurately delimited part of the building or its part (real estate project) to which the Profile in the App exists and is the User;
      • IP Right Owner” means a natural or legal person who owns copyright, trademark, patent, or other intellectual property rights right;
      • Authorized Agent” means a natural or legal person who is an agent authorized to act on the IP Rights Owner’s behalf;
      • Building profile means an electronic profile made for a real estate projects and it is connected to it within the system of the App. If it is mentioned “published in the App”, it is meant to be published in one or more connected Building profiles;
      • Residential building profile“ means an electronic profile made for a real estate residential project (together with the Building profile jointly “Profile”);
      • Services means “Event” as any cultural, co-working, networking, educating or other performance or event, as well as exhibitions, conferences, training courses, trade fairs etc. constituting the use of the User’s spare time at a real estate project and a predetermined time and date, and “Amenities as meeting room, parking spot etc. offered by the SF Manager to the User for the purpose of using such amenity for a predetermined time and Price;
      • Price” means a fee for the Service including payment costs, all additional fees and relevant applicable taxes.
    1. The term “using” also includes any person or entity that accesses or uses the App with crawlers, robots, data mining, or extraction tools or any other functionality.
    2. We, the SF Manager, are a licensed user of the App designed, developed and operated by the Spaceflow. The Spaceflow is a developer of the App and may change functionalities of the App and change of the Terms of Use with respect to improvement of the App and its functionalities (as it becomes more robust) in the future as long as such changes are not material and in line with any applicable legal provisions, in particular the GDPR. We, the SF Manager, control particular Profiles related to the real estate projects we operate.
    3. The App helps us, the SF manager, to provide a social venue in its real estate solution to Users like You in order to provide better services in our buildings and to provide better user experience to people using the building like You. In order to achieve this purpose, the App will provide information exchange between You (the User) and us – the SF Manager and to invite You (the Merchants) to offer your services and products to the Users within our Profiles.
    4. Through the particular Profile within the App the SF Manager is entitled to communicate with You (and vice versa) via Push-Notification, by email and receive information published by You in your Profile within the App in order to fulfill its objective stated in section 1.4 above. We are entitled to communicate with You and receive information published by You in order to maintain, operate and improve functionalities of the App.
    5. By using the App and/or signing the Account, You agree to these Terms of Use, acknowledge the Privacy Terms and that You will visit the Terms of Use and Privacy Terms to familiarize yourself with it.
    6. By accepting these Terms of Use, we – the Spaceflow grants You a limited, personal, non-transferable, non-exclusive, revocable license to use the App under these Terms of Use and to any additional terms and policies set by us – the Spaceflow, and You agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the App without our express permission.
    7. You can’t conclude an enforceable contract with other Users and the Merchants regarding any goods or services advertised through the App, any reservations made in the App are mere intents of interest and should be considered to be steps in bona fidae, unless explicitly stated otherwise.
    8. You agree that You shall be responsible for all data charges You incur through the use of the App.
    9. Even though we want the App to be available as much as possible, the App may occur to be interrupted, including without limitation, for scheduled maintenance or upgrades and emergency repairs.
    10. You will be responsible for online/offline interaction with other users of the App and You agree that we – the Spaceflow or the SF Manager – will not be responsible or liable for the conduct of any other User or the Merchant.
    11. We provide a subscription for a premium use of the App for the third parties (real-estate project owners, asset managers) based on an independent particular agreement (as an exception mentioned in par. 1.14. below). The premium subscription of the App is paid and includes (but is not limited to): I) an exclusive access to the web-admin portal of the App, II) operating particular Profiles, III) having SF Manager rights and other extended functionalities. Recurring charges on such subscriptions are paid among others with an online payment method.

Your Account and connection to Profiles

    1. We want to ensure You, as the User, may only create and hold one Account. The same applies to You, the Merchant, if we agree with You to create for You the Merchant Account. You will be responsible for updating and correcting information submitted to create or maintain your account. We are not responsible for any incident arising out of, or related to, any your Account settings.
    2. You agree that You have no legal claim to create the Account, unless You have a different agreement with us, the Spaceflow.
    3. The Account creates the Spaceflow and is created independently of the Profile. The Account exists regardless of its connection to any Profile. Such an account can be connected to multiple Profiles. 
    4. We, as the SF Manager, can grant a particular User a status of the Office manager or the Tenant Representative through invitation via email. Such an invitation will contain the building code (enabling an access to a particular Profile), for the User as the Office manager or the Tenant representative to access the particular Profile. With the first use of the access code and access to such Profile the User becomes the Office manager or the Tenant representative. We, the SF Manager, can remove your status of the Office manager or the Tenant representative anytime and such User – Office Manager or Tenant Representative retains the position of the Ordinary user.
    5. Access of the Account to the Profile is possible upon the invitation sent via e-mail by the SF Manager, the Office manager or the Tenant representative to the Ordinary user or the Merchant. Such email contains building code which enables to connect the particular Profile. First connection establishes the User/Merchant connected to such Profile.
    6. Your Account shall be non-transferable and may not be sold, combined, or otherwise shared with any other person.
    7. You are permitted to access (connect) the Profile only if You are:
      1. the Building user 
      2. Building user’s employee who works predominantly in such building or 
      3. a person who is not in an employment relationship with the Building user however performs activities for the Building user predominantly in such building. In such case the Building user shall be for the purposes of the Terms of Use deemed to be employer of such person, or
      4. if You are the Merchant and You agreed with us, the SF Manager, You will be connected to the particular Profile.
    8. We, the SF Manager, can disconnect You from the Profile upon:
      1. your request;
      2. request of the Office Manager or Tenant Representative of a particular Profile;
      3. non-fulfillment of the conditions stated in 1.18.

Your conduct 

    1. You declare that all the information You provide to us – the Spaceflow – which is related to the App is true, complete and accurate.
    2. By accessing or using the App You represent and warrant that your activities are lawful in every jurisdiction where You access or use the App. 
    3. The App is not a backup service and You agree not to rely on the App for the purpose of content backup or storage.
    4. You undertake to:
      1. not use the App if You are less than 16 years old;
      2. refrain from restricting and/or inhibiting any others from using the App or any of its part;
      3. refrain from accessing data not intended for You, such as logging into the Account without authorization to access;
      4. refrain from interfering with service to any User / Merchant in any manner, including, without limitation, by means of submitting a virus to the App or attempting to overload, flood”, “spam”, “mail bomb”, or “crash” the App;
      5. refrain from using the App in any manner that violates applicable laws (including, without limitation, intellectual property laws, laws relating to rights of privacy and rights of publicity, and laws related to defamation);
      6. protect our good name;
      7. to pay for all royalties, fees, and any other monies owed by reason of the content the User / Merchant posts on or through the connected Profiles. 
    5. You are responsible for any content submitted to the App. You are expressly prohibited to submit any content, that:
      1. You are not legally entitled to publish or is purposely inaccurate, commits fraud, or contains falsified information;
      2. violates applicable laws (including, without limitation, intellectual property laws, laws relating to rights of privacy and rights of publicity, and laws related to defamation);
      3. contains viruses or malware;
      4. and that we – the Spaceflow and the SF Manager – do not have any obligation to monitor, edit or remove any content published in the particular Profile.
    6. For the Content that is covered by intellectual property rights, like photos and videos (“IP content”), You specifically give us the following permission, subject to your privacy and application settings: You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use IP content that You post on or in connection with the App (IP license). This IP license ends when the IP content is deleted.

Services

    1. This clause governs the rights and obligations between You and the SF Manager consequent upon purchase of the Services. The App provides purchase and payment mechanism of the Services. The SF Manager is solely responsible for performance of the Service in terms, quality and scope of such matter and delivery of any order you place. We are not liable for damages within the scope of this contractual relationship incurred by You or the SF Manager and we do not assume any guarantee that Your contractual partner will comply with the expected legal regulations.
    2. The Services may also be offered by the Merchant; in such case, the Merchant is bound by this clause as well as the SF Manager.
    3. The contract between You and the SF Manager, relating to the Service, is concluded at the time when we receive full payment from You through the payment method  (or in case of Amenity – amount is blocked on your account), as shown in the Service card. Unless stated otherwise, the Price contains all fees and taxes and its final.
    4. We or our affiliates will send You on behalf of the SF Manager the invoice regarding payment of the Price, after the payment is completed, to your email address. In case of any refund, the SF Manager will send You the credit note, after the refund, to your email address.
    5. You have the right to cancel the Service contract, relating to the purchase of the Service, until the cancellation period lapses (if applicable), by the email sent to the email address in the App. Provided that the email is sent before the cancellation period lapses, we are obliged to refund the Price or cancel the blocking on your bank account after deduction of processing fees (if applicable).
    6. We, the SF Manager, may:
      1.  cancel the Service; in such cases we are obliged to notify You immediately to your email address, and to refund the full Price or cancel the blocking on your bank account.
      2. cancel the contract in case the capacity of the provided Service has been filled before the process of your payment has been completed, or in case another User completed the Purchase of the Service, which is incompatible with your reservation (due to its capacity), before the process of your payment has been completed. In such a case we, the SF Manager, are obliged to refund the full Price or cancel the blocking on your bank account. 
      3. reduce or cancel the Price for the Service at any time. In such a case, we, the SF Manager, are obliged to refund the Price difference (or the full Price in case of the cancellation of the Price).
      4. determine the specific terms and conditions of any contract between You and us, the SF Manager, concluded through the App, unless such terms and conditions derogate and / or depart from these Terms of Use. Such terms and conditions are not valid, unless they are published on the Service card (a direct link to the website is sufficient) and are in compliance with payment/cancellation/refund policy of the payment platform. 
    7. If I) any exercise of the rights stated in this article or II) rights/duties in terms and conditions of the SF Manager are incompatible with the App functionalities, they may be exercised by You and us, the SF Manager, directly.
    8. We, the SF Manager, are obliged to act in accordance with the consumer rights legislation with respect to the law governing the particular contract concluded between You and us, the SF Manager.
    9. The App uses a 3rd party payment platform, including refunds, chargebacks, cancellations and dispute resolution. In the event the dispute is raised, we will offer the first line of support and we will refund You if deemed appropriate (and if we receive financial funds from the particular SF Manager). If You have any problems with your order, You can contact our customer care team by sending an email to hello@spaceflow.io. Any refund is not an admission of our liability. If we refuse to refund your request, You may seek a refund directly from the SF Manager.
    10. Upon agreement with the SF Manager, we may offer the Services directly on its behalf, provided that the SF Manager provides us with premises or facilities in the building for which the Profile is established. In the case of the previous sentence, the provisions relating to the Services for the Merchant shall apply to us. Further details regarding the direct sale of the Services will be set out in a separate agreement between us and the SF Manager.
    1. The App contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of the App are protected by copyright, trademark, and other intellectual property laws of the state where we, the SF Manager, use the App. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law (or this Terms of Use), no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content (or any part of it) without our (the Spaceflow) the express permission of or the copyright owner is permitted. If downloading, copying, redistribution, retransmission, or publication of copyrighted material is permitted, the You shall make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that You do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject You to civil and/or criminal penalties.
    2. Marks on the App may be under license from the trademark owner, in which case such license is for the exclusive benefit and use of us – the SF Manager unless otherwise stated, or may be the property of their respective owners. 
    3. You may not use the Spaceflow’s and/or the SF Manager’s and/or the Merchant’s name, logos, trademarks or brands of others on the App without the Spaceflow’s and/or the SF Manager’s or the Merchant’s express permission.

Infringement Reporting Procedures and Digital Millennium Copyright Act (DMCA) Procedures

    1. If You are the IP Rights Owner or Authorized Agent, and the You have a good faith belief that material or products on the App infringe the IP Rights Owner’s copyright, trademark, or other intellectual property rights, and You would like to bring it to the SF Manager’s attention, You can report your concern(s) by submitting your complaint.
    2. We, the SF Manager, reserve the right to terminate your right to use the App if such use infringes the copyrights of another. We, the SF Manager, may, under appropriate circumstances and at our sole discretion, terminate your connection of Account to the particular Profile, if we determine that You are a repeat infringer (not necessarily of the same infringement). In case the You believe that any material has been posted via the App by any third-party in a way that constitutes copyright infringement, and You would like to bring it to us – the SF Manager’s attention, You must provide us – the SF Manager’s DMCA Agent (such shall have been appointed in territory under the jurisdiction of the United States) identified below with the following information:
      • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
      • an identification of the copyrighted work and the location on the App of the allegedly infringing work;
      • a written statement that the You have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;
      • your name and contact information, including, without limitation, telephone number and email address; and
      • your statement that the above information in your notice is accurate, under penalty of perjury, that the You are the copyright owner or authorized to act on the copyright owner’s behalf.
    1. The contact information for us – SF Manager’s DMCA Agent (if applicable, otherwise “Agent”) for notice of claims of copyright infringement is a helpdesk for the relevant real-estate project in the App. In countries where DMCA is not applicable, a similar agent may be appointed.

Liability and Indemnification

    1. As permitted by applicable law, in no event, we, SF Manager and the Spaceflow, our subsidiaries or affiliates or any of their respective employees, officers, directors, agents, merchants, partners, third-party content providers or licensors, or any of our officers, directors, employees, or agents, will be liable for any direct or indirect lost profits or lost business damages, indirect, incidental, special, consequential, or punitive damages arising out of, relating to, or in connection with any of the following:
      • your use of the App and the content in the App, including, without limitation, any personal information, and any other information either contained in the App or submitted by You to the App,
      • your inability to use the App,
      • modification or removal of content submitted to the App,
      • your offerings, products, Services and other available programs accessible or available through the App,
      • any products or Services purchased or obtained directly from the You (as the Merchant/the SF Manager), or
      • any improper use of information You provide to the App, including, without limitation, any personal information,
      • downloading any information contained in the App, malfunction of the App, viruses or malware.
    1. The liability limitations in this section are not intended to limit any warranty provided directly by the You (the Merchant) or by the applicable manufacturer or physical products or any express representations or warranties by us, the SF Manager or the Spaceflow, that neither are included in other applicable terms, nor are they intended to limit remedies the You might have for product-related injury.
    2. You agree to defend, at our, the SF Manager’s, request, indemnify and hold us, the SF Manager, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of Your direct activities on the App or those conducted on your behalf):
      • Your access to or use of the App;
      • Your breach or alleged breach of these Terms of Use;
      • Your violation of any third-party right, including without limitation, any intellectual property rights, publicity, confidentiality, property or privacy right;
      • Your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
      • any misrepresentation made by You.
    1. You promise to cooperate as fully required by us – SF Manager in the defense of any claim. We – SF Manager reserve the right to assume the exclusive defense and control of any matter subject to indemnification by You, and You shall not in any event settle any claim without the prior written consent of us, the SF Manager.

Governing Law & Venue

    1. These Terms of Use are governed by and construed in accordance with the laws of the country where the SF Manager operates the Profile, without giving effect to any principles of conflicts of law. You agree to resolve any disputes you have with the SF Manager/the Merchant exclusively in court of the country where the building is situated and for which the Profile of a particular SF Manager exists. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Terms.
    2. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable in court, then such provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.
    3. The End User Licence Agreement provision under 1.7 and any relationship toward the Spaceflow is governed by the law of the Czech Republic.
    4. Neither the course of conduct between the You nor trade practice will act to modify the Terms of Use. These Terms of Use shall not confer any third-party beneficiary rights.

Modification

    1. The Spaceflow reserves the right at all times to discontinue or modify any part of these Terms of Use at the sole discretion of the Spaceflow. Any changes to these Terms of Use will be effective upon the Spaceflow’s posting of the notice; provided that these changes will be prospective only and not retroactive. If You do not agree to the changes, the You may deactivate your Account and not use the App or any services offered through the App after the effective date of the changes. You agree that posting notice of any changes on the Terms of Use page is adequate notice to advise You of these changes, and that your continued use of the App or the SF Manager’s services will constitute acceptance of these changes and the Terms of Use as modified.

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