Welcome to deskbird!

Terms of Service

These terms and conditions (these “Terms of Service”) govern your use of the website located at https://deskbird.app (the “Site”), any deskbird mobile application and application program interface (the “Mobile Application”), and  all associated services (together with the Site and the Mobile Application, the “Service”) made available by deskbird AG (“us”, “we”, or “deskbird”). By accessing, using, or participating in the Service, you (“you” or the “User”) agree to be bound by these Terms of Service. Please read them carefully.

Sometimes additional terms will apply to your use of a specific Service. These additional terms will be available with the relevant Service, and will become part of your agreement with us if you use that Service.

Deskbird may change these Terms of Service from time to time. Changes will be effective when deskbird posts updated Terms of Service at this location or within the applicable Service and the “Last updated” date set forth above will be updated accordingly. Your continued access or use of the Service after such posting confirms your consent to be bound by the updated Terms of Service. Any revisions to these Terms of Service will become effective the first time you access or use the Service after such changes have been posted. If you do not agree to abide by these Terms of Service, you are not authorized to use, access or participate in (or continue to use, access or participate in) the Service.

These Terms of Service require the use of arbitration to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

THE SERVICE COMPRISES AN ONLINE PLATFORM THROUGH WHICH A WORKSPACE PARTNER (DEFINED BELOW) MAY CREATE LISTINGS FOR WORKSPACES (DEFINED BELOW), AND GUESTS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK WORKSPACES DIRECTLY WITH THE WORKSPACE PARTNER. YOU UNDERSTAND AND AGREE THAT DESKBIRD IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN WORKSPACE PARTNERS AND GUESTS, NOR IS DESKBIRD A REAL ESTATE BROKER, AGENT, OR INSURER. DESKBIRD HAS NO CONTROL OVER THE CONDUCT OF WORKSPACE PARTNERS, GUESTS, AND OTHER USERS OF THE SERVICE OR ANY WORKSPACES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOUR TRANSACTIONS, COMMUNICATIONS, AND INTERACTIONS WITH ANY OTHER USERS (INCLUDING ANY INTERACTIONS BETWEEN A GUEST AND A WORKSPACE PARTNER), INCLUDING TRANSACTIONS, COMMUNICATIONS, AND INTERACTIONS INITIATED THROUGH THE SERVICE, ARE SOLELY BETWEEN YOU AND SUCH USERS, AND YOU ARE SOLELY RESPONSIBLE FOR SUCH TRANSACTIONS, COMMUNICATIONS, AND INTERACTIONS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS OF SERVICE, NO PORTION OF THE FEES WILL DEEMED TO BE COMPENSATION FOR ANYTHING OTHER THAN THE PROVISION OF THE SERVICE.

OUR SERVICE

Our Service enables owners and/or operators of Workspaces (“Workspace Partners”) to offer for booking or otherwise make available their workspaces, which include desks, meeting rooms, and individual offices (collectively, “Workspaces”) for use by individuals who book the Workspaces (“Guest”). The listing of Workspaces by Workspace Partners, and access to and booking of Workspaces by Guests is completed through the deskbird dashboard on the Site or Mobile Application and requires registration for an account (as described in “Account Registration” below).

 

ELIGIBILITY

You must be at least 18 years old and able to enter into legally binding contracts to access and use the Service and/or register a deskbird Account (defined below) By accessing or using the Service, you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.

 

ACCOUNT REGISTRATION

In order to use certain features of the Service, you must register for an account (“deskbird Account”) and provide information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information; 

If you are registering an deskbird Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant deskbird all permissions and licenses provided in these Terms of Service. A company or entity member is responsible for the compliance of each of its individual members (e.g., its employees, contractors, and other service providers).

Each individual User may not register more than one deskbird Account unless deskbird authorizes you to do so. You may not assign or otherwise transfer your deskbird Account to another party.

You are responsible for maintaining the confidentiality of your deskbird Account login information and are fully responsible for all activities that occur under your deskbird Account. You agree to immediately notify deskbird of any unauthorized use, or suspected unauthorized use of your deskbird Account or any other breach of security. Deskbird cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

You may delete your deskbird Account at any time, for any reason, by following the instructions on our Site or within the Mobile Application. Deskbird may terminate or suspend your deskbird Account in accordance with “Termination and Suspension” below.

 

WORKSPACE PARTNERS

Use of the Service by Workspace Partners is also governed by our Workspace Partner Terms of Service located at https://rb.gy/mrvom6 (the “Nutzungsbedingungen für Partner”), which are incorporated into these Terms of Service by reference. By using the Service as a Workspace Partner, you are consenting to be bound by the Workspace Partner Terms in addition to these Terms of Service. In addition to the terms and conditions set forth in the Workspace Partner Terms, Workspace Partners agree that deskbird will collect all payments from Guests for use of Workspaces. As a Workspace Partner, you may not ask a Guest to pay you directly for use of a Workspace.

  

GUESTS, MEMBERSHIP, AND FEES

Users may purchase access to a Workspace or a membership through the Service. Details about purchasing access to a Workspace and/or a membership are available on the Site or the Mobile Application. When a User completes a booking for a Workspace (thus becoming a Guest), you agree to pay the applicable fees and charges and other pricing terms applicable to your use of the Service as specified in these Terms of Service and as otherwise communicated to you through the Service, including any applicable fees and service charges. All fees and charges paid by Users in connection with the Service are non-refundable, except as expressly stated in these Terms of Service.

Use of the Service and all Workspaces by Guests is governed by our Guest Code of Conduct set forth below.

Deskbird reserves the right to change its pricing and access options for Workspaces in its sole discretion.

SPACE LISTINGS 

Deskbird has no control over and does not guarantee (a) the existence, quality, safety, suitability, or legality of any Workspace; (b) the accuracy of any Workspace listing, ratings, reviews, or other User Content (as defined below); or (c) the performance or conduct of any User and/or third party. Deskbird does not endorse any User, Guests, Workspace Partners, or Workspaces. You should always exercise due diligence and care when deciding whether to accept a booking request from a User, use a Workspace, or communicate and interact with other Users, whether online or in person.

 

CHANGES, CANCELLATIONS, AND REFUNDS

Space Partners and Guests are responsible for any changes to a booking that they make through the Service or direct deskbird customer service, including payment of any additional fees, services charges, and/or taxes associated with such changes. 

Guests can cancel an accepted reservation and booking at any time. If a Guest cancels an accepted booking at least 24 hours in advance, deskbird will refund any applicable fees. If a Guest cancels an accepted booking less than 24 hours in advance, there will be no refund of applicable fees.

If a Workspace Partner cancels a confirmed booking, the Guest will receive a full refund of applicable fees for such booking within a commercially reasonable time of the cancellation. In some instances, deskbird may allow the Guest to apply the refund to a new booking, in which case deskbird will credit the amount against the Guest’s subsequent booking at the Guest’s direction.

In certain circumstances, deskbird may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make an appropriate refund. In such circumstances, the Guest will receive a full refund of applicable fees for such booking.

If a Guest cancels a confirmed booking or deskbird determines that it is necessary to cancel a confirmed booking, and such cancellation necessitates a refund to the Guest in accordance with these Terms of Service, the Workspace Partner agrees if the Workspace Partner has already received payment for such booking, deskbird will be entitled to recover the amount of such refund from Workspace Partner, including by offsetting such refund amount out from any future payments due to Workspace Partner.

 

RATINGS AND REVIEWS

Within a certain time frame after completing a booking, Guests and Workspace Partners can leave a public review and submit a rating about the other party. Ratings and reviews by Guests and Workspace Partners must be accurate and may not contain any offensive or defamatory language. Ratings and reviews must specifically adhere to “Prohibited Activities” set forth below.

Users are prohibited from manipulating the ratings and reviews system in any manner, such as instructing a third party to write a positive or negative review about a Guest or Workspace Partner.

Ratings and reviews reflect the opinions of individual Guests and Workspace Partners and do not reflect the opinion of deskbird. Ratings and reviews are not verified by deskbird for accuracy and may be incorrect or misleading.

 

USER CONTENT

Deskbird may, in its sole discretion, enable Users to (a) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the Service (“User Content”); and (b) access and view User Content and any content that deskbird itself makes available on or through the Service, including proprietary deskbird content and any content licensed or authorized for use by or through deskbird from a third party (“deskbird Content”) (together, deskbird Content and User Content shall be referred to “Collective Content”).

The Service and the Collective Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Switzerland and other countries. You acknowledge and agree that the Service and deskbird Content, including all associated intellectual property rights, are the exclusive property of deskbird and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Service or Collective Content. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Service and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Service or any Collective Content, except to the extent you are the legal owner of such User Content or as expressly permitted in these Terms of Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by deskbird or its licensors, except for the licenses and rights expressly granted in these Terms of Service.

Subject to your compliance with these Terms of Service, deskbird grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (a) download and use the Mobile Application on your mobile device(s); and (b) access and view any Collective Content made available on or through the Service and accessible to you, solely for your personal and non-commercial use.

By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the Service, you grant to deskbird a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Service, in any media or platform. Unless you provide specific consent, deskbird does not claim any ownership rights in any User Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use or exploit your User Content.

You are solely responsible for all User Content that you make available on or through the Service. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the Service or you have all rights, licenses, consents and releases that are necessary to grant to Deskbird the rights in and to such User Content, as contemplated under these Terms of Service; and (b) neither the User Content nor your posting, uploading, publication, submission, or transmittal of the User Content or deskbird’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Deskbird may, without prior notice, remove or disable access to any User Content that deskbird finds to be in violation of these Terms of Service or deskbird’s then-current policies, or otherwise may be harmful or objectionable to deskbird, its users, third parties, or property.

 

TRADEMARKS

Our name, the deskbird logo, and all related names, logos, product and service names, designs, and slogans are trademarks of deskbird. You must not use such marks without our prior written permission.

 

COPYRIGHT POLICY

Deskbird respects the intellectual property of others and asks that those that use our Service do the same. In connection with our Service, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of the accounts of those that use our Service who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Service, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notificationmust be provided to us:

  • your physical or electronic signature;
  • identification of the copyrighted work(s) that you claim to have been infringed;
  • identification of the material on our Service that you claim is infringing and that you request us to remove;
  • sufficient information to permit us to locate such material;
  • your address, telephone number, and e-mail address;
  • a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

 

PROHIBITED ACTIVITIES

You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Service. In connection with your use of the Service, you will not and will not assist or enable others to:

  • breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, our Privacy Policy, or these Terms of Service;
  • use the Service or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms of Service or in a manner that falsely implies a partnership with, or endorsement by, deskbird or otherwise misleads others as to your affiliation with deskbird;
  • copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Service in any way that is inconsistent with our Privacy Policy or these Terms of Service or that otherwise violates the privacy rights of Users or third parties;
  • use the Service in connection with the distribution of unsolicited commercial messages (e.g., spam);
  • offer, as a Workspace Partner, any Workspace that you do not yourself own or have permission to make available through the Service;
  • use the Service to request, make or accept a booking of a Workspace independent of the Service;
  • discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
  • post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any Deskbird policy;
  • use, display, mirror or frame the Service or Collective Content, or any individual element within the Service, deskbird’s name, any deskbird trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Service, without deskbird’s express written consent;
  • dilute, tarnish or otherwise harm the deskbird brand in any way, including through unauthorized use of deskbird Content, registering and/or using deskbird or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to deskbird domains, trademarks, copyrights, or deskbird Content;
  • use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Service for any purpose;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by deskbird or any of deskbird’s providers or any other third party to protect the Service;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Service;
  • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Service;
  • export, re-export, import, or transfer the Service except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; and/or
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.
  • You acknowledge that deskbird has no obligation to monitor the access to or use of the Service by any User or to review, disable access to, or edit any User Content, but has the right to do so to (a) operate, secure and improve the Service (including for fraud prevention, risk assessment, investigation, and customer support purposes); (b) ensure Users’ compliance with these Terms of Service; (c) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (d) respond to User Content that it determines is harmful or objectionable; or (e) as otherwise set forth in these Terms of Service. Users agree to cooperate with and assist deskbird in good faith, and to provide deskbird with such information and take such actions as may be reasonably requested by Deskbird with respect to any investigation undertaken by deskbird or a representative of deskbird regarding the use or abuse of the Service.

 

If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (a) engages in offensive, violent or sexually inappropriate behavior, (b) you suspect of stealing from you, or (c) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to deskbird. You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).

 

LINKS FROM OUR SERVICE

Our Service may contain links to third-party websites or services (“Third-Party Services”). Such Third-Party Services are not under deskbird’s control, and we are not responsible for any Third-Party Services. deskbird provides access to these Third-Party Services only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Services. You use all Third-Party Services at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the links to Third-Party Services, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Services.

 

SERVICE AVAILABILITY

Due to the nature of the Internet, deskbird cannot guarantee the continuous and uninterrupted availability and accessibility of the Service. Also, deskbird may restrict the availability of the Service or certain areas or features of the Service to ensure the security or integrity of our servers or to carry out maintenance measures that ensure the proper or improved functioning of the Service. deskbird may improve, enhance and modify the Service and introduce new services from time to time.

 

TERMINATION AND SUSPENSION

These Terms of Service will remain in full force and effect while you use the Service. We may suspend or terminate these Terms of Service and your right to use the Service at any time for any reason at our sole discretion, including for any use of the Service in violation of these Terms of Service. You may delete your deskbird Account at any time within your User settings or by sending us an email at hello@deskbird.app. Upon termination of your deskbird Account, your right to access and use the Service will terminate immediately.

If you delete your deskbird Account as a Workspace Partner, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund for any pending bookings.

When you terminate your deskbird Account, you are not entitled to a restoration of your deskbird Account or any of your User Content.

In addition, deskbird may take any of the following measures (a) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body; (b) if you have breached these Terms of Service, applicable laws, regulations, or third party rights; (c) if you have provided deskbird with inaccurate, fraudulent, outdated or incomplete information; (d) if you and/or your Workspaces at any time fail to meet any applicable quality or eligibility criteria; (e) if you have repeatedly received poor ratings or reviews or deskbird otherwise becomes aware of or has received complaints about your performance or conduct; (f) if you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason; and/or (g) if deskbird believes in good faith that such action is reasonably necessary to protect the personal safety or property of deskbird, its Users, or third parties, or to prevent fraud or other illegal activity:

  • obscure, delete, or delay any Workspace listings, ratings, reviews, or other User Content;
  • cancel any pending or confirmed bookings;
  • limit your access to or use of the Service; and/or
  • temporarily or permanently suspend your deskbird Account and stop providing access to the Service.
  • If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies; and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.

If your access to or use of the Service has been limited or your deskbird Account has been suspended or terminated by us, you may not register a new deskbird Account or access and use the Service through an deskbird Account of another User.

 

TRANSACTIONS BETWEEN GUESTS AND WORKSPACE PARTNERS FOR BOOKING WORKSPACES

Deskbird offers the Service as a platform to connect Workspace Partners and Guests and to facilitate the booking of Workspaces between the Workspace Partners and Guests. You understand and agree that deskbird does not act as an insurer or a Guest’s contracting agent or real estate broker. If a Guest requests to book a Workspace and/or ultimately uses a Workspace offered by a Workspace Partner, deskbird is not a party to any agreement entered into between the Guest and the Workspace Partner.

Both Guests and Workspace Partners may submit feedback to the Service following the completion of a Workspace booking. You acknowledge and agree that other Users may publicly post ratings and reviews of you, and that deskbird may, but is not obligated to, monitor such postings. deskbird is not responsible in any manner for such ratings and reviews, and you hereby release deskbird from any and all claims, causes of actions, obligations or liabilities arising from or relating to such ratings and reviews.

 

GUEST CODE OF CONDUCT

All Guests visiting any Workspace booked through deskbird must abide by the deskbird Code of Conduct, which means adhering to the following:

  • Be respectful. Respect the Workspace rules and others in the Workspace.
  • Clean up after yourself. Shared Workspaces need everyone to be responsible for themselves and to pitch in to clean up.
  • Kindness is cool. Treat others well. Offer and find business solutions for others and they will do the same.
  • The Workspace is for working. Workspaces are a great place to meet people and exchange ideas but do not be a distraction. Please keep social interaction to a minimum in areas where people are working.
  • Use the Workspace safely and legally. Workspaces are not meant for any usage that could be considered “high risk” or for carrying out any illegal activities, nor any immoral, unlawful, or objectionable purposes.

 

WORKSPACE USE AND ACCESS

Guests agree to use the Workspace provided for general office purposes only. Guests may not use the Workspace to carry out any illegal activities or use the Workspace (a) in violation of law, and Workspace rules, or any other reasonable regulations or rules adopted by the Workspace Partner, or (b) for any immoral, unlawful, or objectionable purposes. Guests shall not use or permit the usage of any illegal drug or substance and shall not make or permit any unreasonable or unnecessary noises or odors in or upon the Workspace or the building in which the Workspace is located. Guests shall not commit, or suffer to be committed, any waste upon the Workspace or any nuisance (public or private) or other act or thing of any kind or nature whatsoever that may disturb the quiet enjoyment or cause unreasonable annoyance of any other occupants of the Workspace or the building in which the Workspace is located.

 

Guests agree not to exceed the Maximum Occupancy of the Workspace.

Guests shall not make alterations, additions, or improvements to the Workspace, including the installation of lighting or any phone or data lines.

Guests shall not generate, store, install, dispose of, or otherwise handle any hazardous materials in the Workspace, or in or around the building in which the Workspace is located, in any manner contrary to any applicable law. Guests shall be liable for the costs of any removal, clean-up and/or remediation of any hazardous materials released by you or your Invitees.

Guests agree that the Workspace Partner has the right to require that you relocate to another Workspace in the same building of equal or larger size and similar configuration for the remainder of your reservation, provided that the fees for such new Workspace are no greater than the fees for your current Workspace.

The Workspace Partner or its authorized representatives may enter the Workspace at any time. Unless there is an emergency, the Workspace Partner will, as a matter of courtesy, try to inform you in advance when the Workspace Partner needs access to the Workspace to carry out testing, repair or work other than routine inspection, cleaning and maintenance.

 

GOOD CARE

Guests must take good care of and not damage, waste or make any changes to the Workspace or Workspace leased or owned by the Workspace Partner of which the Workspace is a part, or the building in which the Workspace is located (collectively, the “Workspace Partner Area”). Guests shall not alter, add, replace, remove, or damage any furnishings, equipment or other personal property located in, on or around the Workspace Partner Area. At the end of the Term, the Guest must deliver the Workspace to the Workspace Partner in good condition, normal wear and tear excepted. If any damage (beyond normal wear and tear) to the Workspace should occur while in your care, custody or control, you agree to pay reasonable repair/replacement costs and to notify the Workspace Partner immediately upon discovery of such damage occurring. Guests are liable for any damage caused by such Guest or by such Guest’s Invitees to the Workspace Partner Area.

 

COMMON AREAS

If available at the Building, a Guest may also have access to and non-exclusive use of any portions of the Building designated for common use of tenants and others (“Common Areas”), as, and to the extent, described in the House Rules. Common Areas may be changed, relocated, altered, eliminated or otherwise modified at any time during the Term without the consent of, or notice to, Guest.  Unless otherwise set forth in the House Rules, the right to parking is not provided to Guests.

 

SHARED FACILITIES

If available, Guests may also have access to and non-exclusive use of any shared office equipment and kitchenettes (the “Shared Facilities”) located near the Workspace on a first-come, first-served basis as, and to the extent, described in the Workspace rules. The Workspace Partner may make changes to the Shared Facilities from time to time during the Term including, without limitation, removal of all or portions of the Shared Facilities without your consent or notice to Guest.

 

KEYS AND SECURITY

Any keys or entry cards for the Workspace which the Workspace Partner lets a Guest use remain the Workspace Partner’s property at all times. Guests shall not make any copies of them or allow anyone else to use them without the Workspace Partner’s consent. Any loss of keys or entry cards must be reported to the Workspace Partner immediately, and Guests must pay the cost of replacement keys or cards and or changing locks, if required by the Workspace Partner. Guests shall not place any additional locks or bolts of any kind upon any of the doors or windows of the Workspace, nor make any changes to existing locks or the mechanisms thereof.

 

GUEST RELEASE

Guests hereby unconditionally release deskbird from any loss, liability, claim, demand, damage, costs and expenses, including reasonable attorneys’ fees, which you now have of have ever had against deskbird relating in any way to your use of the Service, including but not limited to your use of a Workspace and/or interaction with a Workspace Partner through our Service.

 

DISCLAIMERS

If you choose to use the Service or Collective Content, you do so voluntarily and at your sole risk. The Service and User Content are provided on an “as is” and “as available basis”, and deskbird expressly disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that the Service will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. We make no warranty that the Service or any Workspace reservation or booking will meet your requirements, or that any Workspace meets applicable legal standards and is safe or suitable for your intended use. Deskbird cannot guarantee and does not promise to Workspace Partners and Guests, and Workspace Partners cannot guarantee and do not promise to Guests, any specific results from the use of the Service or a Workspace. If applicable law requires any warranties with respect to the Site and/or Mobile Application, all such warranties are limited in duration to 90 days from the date of first use. THE DISCLAIMERS SET FORTH ABOVE IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

 

LIMITATION OF LIABILITY

DESKBIRD DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THE ACTIONS OF OTHER INDIVIDUALS YOU ENCOUNTER THROUGH OUR SERVICE. YOU SHOULD BE AWARE THAT OTHER USERS, GUESTS, AND WORKSPACE PARTNERS MAY NOT BE WHO THEY CLAIM TO BE. WE DO NOT PERFORM BACKGROUND CHECKS ON OUR USERS, GUESTS, OR WORKSPACE PARTNERS, NOR DO WE GUARANTEE THAT OUR USERS, GUESTS, OR WORKSPACE PARTNERS’ PROFILES OR ACCOUNT INFORMATION IS ACCURATE. WE DO NOT ENDORSE, SUPPORT, OR VERIFY THE FACTS, OPINIONS, OR RECOMMENDATIONS OF OUR USERS, GUESTS, OR Workspace PARTNERS. IF A DISPUTE ARISES BETWEEN USERS, WE HAVE NO RESPONSIBILITY OR OBLIGATION TO PARTICIPATE, MEDIATE, OR INDEMNIFY ANY PARTY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DESKBIRD IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY LOSS OR DAMAGE ARISING OUT OF YOUR TRANSACTIONS, COMMUNICATIONS, BOOKINGS, AND INTERACTIONS WITH ANY OTHER USERS OR YOUR USE OF THE SERVICE. DESKBIRD DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS BY WORKSPACE PARTNERS, OR THE CONDITION, LEGALITY OR SUITABILITY OF ANY WORKSPACES. YOU HEREBY RELEASE DESKBIRD FROM ANY AND ALL CLAIMS, CAUSES OF ACTIONS, OBLIGATIONS, OR LIABILITIES ARISING FROM OR RELATING TO SUCH TRANSACTIONS, COMMUNICATIONS AND INTERACTIONS, LISTINGS ON THE SITE OR MOBILE APPLICATION, COLLECTIONS SENT TO YOU BY ANOTHER USER AND THE QUALITY, CONDITIONS OR SUITABILITY OF ANY WORKSPACE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER DESKBIRD NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE OR COLLECTIVE CONTENT WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING FROM OR RELATING TO (A) THESE TERMS OF SERVICE, (B) FROM THE USE OR INABILITY TO USE THE SERVICE OR COLLECTIVE CONTENT, (C) FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF OTHER PERSONS WITH WHOM YOU COMMUNICATE, INTERACT, OR MEET AS A RESULT OF YOUR USE OF THE SERVICE, (D) FROM YOUR LISTING OF A WORKSPACE, OR (E) FROM YOUR BOOKING OF A WORKSPACE, INCLUDING THE PROVISION OR USE OF A WORKSPACE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DESKBIRD HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Except for our obligations to pay amounts to Workspace Partners in accordance with these Terms of Service, in no event will deskbird’s aggregate liability arising out of or in connection with these Terms of Service and your use of the Service exceed CHF100. The limitations of damages set forth above are fundamental elements of the basis of the bargain between deskbird and you.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the deskbird, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Service and/or your use of the Service, including, but not limited to, (i) your User Content, (ii) your Workspace(s), (iii) any use of the Service’s content, services, Workspaces, and products other than as expressly authorized in these Terms of Service, (iv) your use of any information obtained from the Service, and (v) your negligence or misuse of the Service or a Workspace.

 

ARBITRATION

At deskbird’s sole discretion, we may require you to submit any disputes arising from these Terms of Service or use of our Service, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Delaware law.

 

APPLICABLE LAW AND JURISDICTION

These Terms of Service will be interpreted in accordance with the laws of St. Gallen, Switzerland, without regard to conflict-of-law provisions. Judicial proceedings must be brought in state or federal court in St. Gallen, Switzerland, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in canton of St. Gallen.

 

FEEDBACK

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Service (“Feedback”). If you provide deskbird with any Feedback, you hereby assign to Company all rights in such Feedback and agree that deskbird will have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Deskbird will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to deskbird any information or ideas that you consider to be confidential or proprietary.

 

ENTIRE AGREEMENT

These Terms of Service, our Privacy Policy, and our Workspace Partner Terms (if applicable) constitute the entire agreement between you and deskbird, Inc. regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service.

 

GENERAL PROVISIONS

These Terms of Service do not and are not intended to confer any rights or remedies upon any person other than the parties.

If any provision of these Terms of Service is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms of Service will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision.

You may not assign, transfer or delegate this agreement and your rights and obligations hereunder without our prior written consent. Deskbird may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion. Your right to terminate your deskbird Account at any time remains unaffected.

Unless specified otherwise, any notices or other communications to Users permitted or required by these Terms of Service will be provided electronically and given by deskbird via email, Service notification, or messaging service (including SMS). The date of receipt will be deemed the date on which deskbird transmits the notice.

 

LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE SERVICE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

 

Data Privacy Policy

This privacy policy describes how deskbird collects, uses, and shares the personal information of those who use the deskbird website, mobile applications, and all associated services (“Services“).

WHAT WE COLLECT

As a user of our Services, we get information about you in a range of ways.

Information You Give Us. We collect your‎ name, home address, work address, email address, phone numbers, username, password, demographic information (such as your gender and occupation), employer, job title, department, personal interests, photo, information you provide us when you contact us for help, payment or banking information, calendar information (if you permit our applications to access the calendar on your device), as well as other information you directly give us for or via the Services.

Information We Get From Others. We may get information about you from other sources. We may add this to information we get from your use of the Services.

Information Automatically Collected. We automatically log information about you, your computer, and your mobile device.

For example, when visiting our website, we log your computer operating system type, browser type, browser language, the website you visited before browsing to our website, pages you viewed, how long you spent on a page, access times, and information about your use of and actions on our website.

When using our applications, we collect the type of mobile device you use, your mobile devices unique device ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browsers you use, transaction-related information (such as when you make purchases, respond to any offers, or download or use applications from us), and information about the way you use the applications.

Also, when you use our applications, we may use GPS (or other similar technology) to determine your location. We only collect location information when the mobile application is running in the foreground and if you have provided permission for the processing of location data on your mobile device. If you do not want us to use your location, you should turn off the location services on your mobile device.

Cookies and Third Party Technologies. We may log information using “cookies” or other identification technologies in our website, applications, and emails for purposes described in this policy. Cookies are small data files stored on your browser or device by a website, an app, online media, and advertisements. This type of information is collected to make the Services more useful to you and to tailor the experience with us to meet your special interests and needs.

We may also allow others to provide audience measurement and analytics services for us. These entities may use cookies, web beacons, SDKs, and other technologies to identify your device when you visit our website and use our Services, as well as when you visit other websites and use other services.

USE OF PERSONAL INFORMATION

We use your personal information as follows:

  • to operate, maintain, support, and improve our Services.
  • to respond to comments and questions and provide customer service.
  • to send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages.
  • to communicate about promotions, upcoming events, and other news about products and services offered by us and our selected partners.
  • to process and deliver contest entries and rewards.
  • to link or combine user information with other personal information.
  • to protect, investigate, and deter against the fraudulent, unauthorized, or illegal activity.
  • to provide and deliver products and services customers request.
  • to verify the booking of spaces.
  • to verify that you are an employee eligible to use our Services and that you are the person who made the applicable booking.
  • to enhance the safety and security of our users and our Services.

SHARING OF PERSONAL INFORMATION

We may share personal information as follows:

  • with other users of the Services. For example, if you book a workspace using our Services, we share your name, photo, employer, and check in / check out time with the workspace provider and their agents. If you are using the Services to book space as an employee, we share information with your employer in an aggregated format, including location data, when you check in to space, how long you’ve been at the location, and when you leave.
  • with your consent. For example, you may let us share personal information with a third party service provider. Those uses will be subject to their privacy policies.
  • when we do a business deal or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
  • for legal, protection, and safety purposes.
    • We may share information to comply with laws.
    • We may share information to respond to lawful requests and legal processes.
    • We may share information to protect our rights and property, our agents, customers, and others. This includes enforcing our agreements, policies, and terms of use.
    • We may share information in an emergency, including situations where we share information to protect the safety of our employees and agents, our customers, or any person.
  • with those who need it to do work for us, including payment processors and facilitators, marketing partners, cloud storage providers, data analytics providers, consultants, and insurance and financing partners.

We may also share aggregated and/or anonymized data with others for their own uses.

INFORMATION CHOICES AND CHANGES

Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you.

You can typically remove and reject cookies from our website with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our website works for you.

You can stop all collection of information by the applications discontinuing use of the Services. You can also request to opt-out via email, at privacy@deskbird.app.

You can access and edit most of your basic account information right in our applications.

If you let us use your information, you can always change your mind and simply revoke your permission by changing the settings on your device if your device offers those options. Of course, if you do that, certain Services may lose full functionality.

If for some reason you ever want to delete your account, you can do so within our applications.

You may send requests about personal information using our contact information below.

CHANGES TO THIS PRIVACY POLICY. We may change this privacy policy. If we make any changes, we will change the Effective Date above.

CONTACT INFORMATION. This Site and Mobile Application is operated by deskbird AG. We welcome your comments, questions, concerns, or suggestions. Please contact us using the information below:

deskbird AG
Kesslerstrasse 1
9000 St. Gallen
Switzerland
hello@deskbird.app