- “SF Manager” means entity which use 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;
- “Spaceflow” means company Spaceflow s.r.o. with registered seat at Náměstí I.P. Pavlova 1789/5, Nové Město, 120 00 Praha 2, ID: 051 84 142, registered in 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 only 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 manager” means 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”)
- 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.
- 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.
- Through the particular Profile within the App the SF Manager is entitled to communicate with You (and vice versa) via Push-Notification, by E-Mail and receive information published by You in your Profile within the App in order to fulfill its objective stated in the section 1.4 above. We, the Spaceflow, are entitled to communicate with You and receive information published by you in order to maintain, operate and improve functionalities of the App.
- 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.
- You agree that You shall be responsible for all data charges You incur through use of the App.
- Even though we, the Spaceflow, 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.
- 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.
Your Account and connection to Profiles
- We, the Spaceflow, 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.
- You agree that You have no legal claim to create the Account, unless You have a different agreement with us, the Spaceflow.
- The Account creates the Spaceflow and is created independently of the Profile. The Account exists regardless of its connection to any Profile. Such account can be connected to multiple Profiles.
- We, as the SF Manager, can grant a particular User a status of the Office manager or the Tenant Representative through invitation via e-mail. Such 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.
- 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 e-mail contains building code which enables to connect the particular Profile. First connection establishes the User/Merchant connected to such Profile.
- Your Account shall be non-transferable and may not be sold, combined, or otherwise shared with any other person.
- You are permitted to access (connect) the Profile only if you are:
- the Building user
- Building user’s employee who works predominantly in such building or
- if you are the Merchant and You agreed with us, the SF Manager, that you will be connected to the particular Profile.
- We, the SF Manager, can disconnect You from the Profile upon:
- your request,
- request of the Office Manager or Tenant Representative of a particular Profile;
- non fulfillment of the conditions stated in 1.18.
- You declare that all the information you provide to us – the Spaceflow – which is related to the App is true, complete and accurate.
- 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.
- The App is not a backup service and You agree not to rely on the App for purpose of content backup or storage.
- You undertake to:
- not use the App if You are less than 16 years old;
- refrain from restrict and/or inhibit any others from using the App or any of its part;
- refrain from accessing data not intended for You, such as logging into the Account without authorization to access;
- 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;
- 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);
- protect our good name;
- 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.
- You are not legally entitled to publish or is purposely inaccurate, commits fraud, or falsifies information;
- violates applicable laws (including, without limitation, intellectual property laws, laws relating to rights of privacy and rights of publicity, and laws related to defamation);
- contains viruses or malware;
Copyright and Trademarks
- 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.
- 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
- If the 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 right, and You would like to bring it to the SF Manager´s attention, the You can report your concern(s) by submitting your complaint.
- 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 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 the You would like to bring it to us - the SF Manager´s attention, the You must provide us - the SF Manager´s DMCA Agent (such shall have been appointed in territory under 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 and, under penalty of perjury, that the You are the copyright owner or authorized to act on the copyright owner´s behalf.
- The contact information for us - SF Manager´s DMCA Agent (if applicable, otherwise “Agent”) for notice claims of copyright infringement is a helpdesk for the relevant real-estate project in the App. In countries where DMCA is not applicable similar agent may be appointed.
Liability and Indemnification
- 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, related 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, and other available programs accessible or available through the App,
- any products or services purchased or obtained directly from the You (as the Merchant), or
- any improper use of information the 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.
- 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.
- 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 violation of any third-party right, including without limitation, any intellectual property right, 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.
- 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 the You, and You shall not in any event settle any claim without the prior written consent of us, the SF Manager.
Governing Law & Venue