§ 1: The Workspace Service Agreement Terms and Conditions

The Workspace service is a service provided by The Workspace GmbH, Rudi-Dutschke-Straße 26, 10969 Berlin, Germany, registered in the commercial register of the local court (Amtsgericht) Charlottenburg under HRB 171127B (hereinafter referred to as “The Workspace”). All services The Workspace provides are governed by the following Terms and Conditions (hereinafter referred to as “T&C”). The Workspace reserves the right to update the T&C at any time.

§ 2: Workspace Membership

The Workspace membership is created by a one-time sign up through The Workspace homepage www.the-workspace.cobot.me (hereinafter referred to as “Homepage”), a registration, and the one-time payment of an amount of EUR 25 + VAT. By clicking the button “Sign Up” and completing the registration, the member accepts the T&C and becomes a member of The Workspace (hereinafter referred to as the "Member").

§ 3: Services

The Workspace membership allows the Member to book office space equipped with: table, chair, electricity, WiFi internet access, conference space, printing facilities, knowledge resources, and other services (collectively hereinafter referred to as the "Services") for a specified period. The Services and prices offered are listed at the Homepage. The Services at all times are subject to the T&C. Any update of the T&C according to § 1 shall only apply to the subsequent Services which are booked by the Member; updates during the period for which a Member has booked Services shall not apply to these Services which are already booked.

§ 4: Booking of The Workspace Services

The desired Service and period can be booked on the Homepage. Workspace membership allows the Member to make bookings for the use of the available facilities. The Workspace is not obliged to create additional facilities if the available facilities are being booked by other Members.

§ 5: Access Conditions

The Workspace facilities are accessible only during the core opening hours: 09:00 - 18:00 Monday to Friday. Access to The Workspace facilities outside of these hours is prohibited unless after hours access has been agreed upon by The Workspace and associated costs are paid prior to access being granted. Access to The Workspace facilities is for Members only, except in the case of Members’ guests utilizing the conference facilities. Guests utilizing the conference facilities must be accompanied by a Member at all times.

§ 6: Payment

Each Member is required to pay the desired Services in advance. Any variable charges including, but not limited to, printing costs, conference facility and locker usage that shall be made use of shall also be paid in advance. All prices, fees, charges etc. shown on the Homepage include statutory VAT.

§ 7: No Unlawful or Prohibited Use

A Member may not • Use the Services for any purpose that is unlawful or prohibited by these T&C. • Use the Services in any manner that could damage, disable, overburden, or impair any of The Workspace’s servers, or interfere with any other member’s use of any Services. • Attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any of The Workspace servers or to any of the Services, through hacking, password mining or any other means. • Obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services, nor should the Member post or download files that the Member knows or should know are illegal or that the Member has no rights to. • Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming, spimming or any duplicative or unsolicited messages (commercial or otherwise). • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others. • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through The Workspace servers. • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as a limitation, copyright, trademark laws (or by rights of privacy or publicity) unless the Member owns or controls the rights thereto or has received all necessary consent to do the same. • Upload files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or malware, or any other similar software or programs that may damage the operation of another Workspace computer or property of another Member. • Download any file that the Member knows, or reasonably should know, cannot be legally reproduced, displayed, performed, and or/distributed in such manner. • Restrict or inhibit any other Member from using the Services. • Violate any house rules, code of conduct or other guidelines which may be applicable for any particular Service https://the-workspace.cobot.me/articles/4d5c13aab4b8df5b59681821c35b1f21 • Violate any applicable laws or regulations in connection with the use of the Services.

§ 8: The Workspace’s Representations

The Workspace will not • Attempt to gain unauthorized access to the Member’s computer systems or data. • Obtain or attempt to obtain any materials or information from the Member through any means not intentionally made available by the Member. • Make use of the Member’s work or data by downloading or selling the Member’s e-mail address, data or other information if not explicitly allowed by the Member. The Workspace will establish and maintain adequate security systems required in connection with the rendering of the Services.

§ 9: Termination

The T&C must be adhered to at all times. The Workspace reserves the right to terminate any Service for cause at any time, with immediate effect, if the Member fails to comply with the T&C. This includes non-payment or violation of the space rules provided by the Workspace. In case of such termination for cause, The Workspace will not refund any amounts paid for unused periods that remain after deducting any pending charges. The Member may terminate the membership by giving a notice of termination via regular mail to be sent to The Workspace GmbH, Lindenstrasse 20-25, 10969 Berlin or e-mail to be sent to hello@theworkspace.de at any time upon four weeks’ notice effective as of the end of a calendar month.

§ 10: Confidentiality

The Member acknowledges and agrees that The Workspace is an open plan environment and that during the use of the Services the Member may be exposed to Confidential Information. "Confidential Information" shall mean all information, in whole or in part, that is disclosed by The Workspace or any Member using the Services that is non-public, confidential or proprietary in nature. Confidential information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of The Workspace, any analyses, compilations, studies or other documents prepared by The Workspace or otherwise derived in any manner from the Confidential Information that the Member is obliged to keep confidential or knows or has reason to know should be treated as confidential. The foregoing notwithstanding, no information shall be considered Confidential Information if such information: • Was in the Member’s possession before the Member became a member of The Workspace, provided that the source of such information, to the Member’s knowledge after due inquiry, was not bound by an obligation of confidentiality with respect to such information, or was independently developed or discovered by the Member prior to the time of its disclosure. • Is or becomes generally available to the public through no fault of, or without violation of any duty of confidentiality, and other than as a result of any breach of these T&C. • Is received by the Member from a third party without, to the Member’s knowledge, or, after due inquiry, violation of a duty of confidentiality.
The Member’s participation in the Services obligates the Member • To maintain all Confidential Information in strict confidence. • Not to disclose Confidential Information to any third parties. All Confidential Information remains the sole and exclusive property of The Workspace or the respective disclosing party. The Member acknowledges and agrees that nothing in these T&C or the membership or use of the Services will be construed as granting any rights to the Member, by license or otherwise, in or to any Confidential Information or any patent, copyright or other intellectual property proprietary rights of The Workspace or any Member.

§ 11: Disclosure of Information

The Workspace may disclose Confidential Information of the Member if it is compelled by law to do so, provided it gives prior notice of such compelled disclosure (to the extent legally permitted).

§ 12: Use of Services

The Member acknowledges that The Workspace does not have any liability with respect to the Member’s access, use of the Services, or any loss of information resulting from such use other than described in § 13 (Limitation of Liability). Subject to The Workspace’s Representations above, The Workspace provides the Services “as is” and hereby disclaims with respect to the Services any other warranties, whether express, implied or statutory, including but not limited to: fitness for a particular purpose, lack of viruses, and lack of negligence.

§ 13: Limitation of Liability

In the case of intentional and grossly negligent action, The Workspace shall assume unlimited liability for damages resulting from a breach of this duty of diligence. The Workspace’s liability for simple negligence in the case of a breach of an obligation, the fulfillment of which is required to ensure the proper rendering of the Services and on the compliance of which the Member may customarily and reasonably rely (a so-called material obligation), shall be limited to a maximum of EUR 5,000.00. The Workspace shall not be liable (on whatever legal grounds) for damages which may not reasonably be foreseen, assuming a normal use of the Services. The Workspace’s liability for simple negligence in the case of a breach of a non-material obligation as well as for any interruption of the Services for which The Workspace is not responsible is hereby excluded, e.g, due to power outage, or force majeure. The Workspace’s liability shall also be excluded for damages resulting out of a loss of data if their recovery is not possible or impeded due to a Member’s failure to perform appropriate data back-up procedures. The Member shall be responsible for hardware, including laptops, tablets, and similar devices, equipment used for the operation of such devices, e.g., cables, chargers, and other personal items of the Member, and The Workspace’s liability shall be excluded for damages resulting out of a loss of such equipment or items due to the Member’s lack of diligence to safeguard the equipment or items, e.g. if the Member leaves the equipment unattended (see also § 15). The restrictions and limitations pursuant to the above paragraphs shall not apply in the case of injury to life, limb or health, or the breach of a guarantee. Furthermore, the foregoing limitations of liability shall also apply to legal representatives, employees and auxiliary persons of The Workspace if claims are raised directly against them.

§ 14: Non-Disparagement

The Member shall, during and after the use of the Services, refrain from making any statements or comments of a defamatory or disparaging nature to any third party regarding The Workspace, or any of The Workspace officers, directors, employees, personnel, agents, policies, Services or products, other than to comply with law.

§ 15: Insurance and Liability

The Workspace carries liability and business personal property insurance. It is strongly recommended that the Member takes out an insurance policy to cover the Member’s own equipment while using The Workspace’s facilities. The Member acknowledges and agrees that the Member will be held responsible for any damage caused by the Member, whether accidentally or intentionally, and any associated costs for the repair or replacement of any damaged items rests solely with the Member.

§ 16: Indemnification

The Member releases, and hereby agrees to indemnify, defend and hold harmless The Workspace and The Workspace subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future managing directors, representatives, agents, shareholders, members, employees, and auxiliary persons, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of the Member’s breach of the T&C and any applicable law in connection with the use of the Services.

§ 17: Severability

In the event that any provision or portion of this T&C is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this T&C shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.

§ 18: Choice of Law, Venue

The entire contractual relationship between The Workspace and the Member shall be governed by the laws of the Federal Republic of Germany under exclusion of the UN Convention on the International Sale of Goods (CISG), without prejudice to any mandatory conflict of law provisions. The venue shall be Berlin.