Drop In Terms and Conditions

Terms Of Use

Completion and acceptance of 'The Common' membership application does not create a tenancy but a prepaid usage licence to use the provided amenities on a monthly or casual basis. This license may be renewed each month for your memberships with consent of each party. The Terms of Use (TOU) must be adhered to at all times. Failure to follow the TOU can result in non-renewal or even early termination of the usage license.

The following Terms of Use are being provided by The Common and are put in place to protect the members and the office:

Acceptance of Terms – Completion of this membership application form acknowledges the acceptance of the Terms of Use by the applicant.

Boardroom/Meeting Room Usage – To view availability and book the rooms you need to visit thecommon.io. If the rooms are not in use, you are free to work in there for a change of scenery or if you need some extra space for a particular project. As a common courtesy, please clean up after meetings, wipe down whiteboards and leave the rooms clean for your coworkers.

Common Areas – This is a matter of common sense and respect for others. When using the kitchen, lounge, meeting rooms or shared desk areas, please clean up after yourself, and help out if you see a mess that isn’t yours but needs cleaning.

Confidentiality – During your participation in and use of the services at The Common you may be exposed to Confidential Information. This includes information, in whole or in part, that is disclosed by The Common or a member that is non-public, confidential or proprietary in nature. You are obligated to maintain all information in strict confidence, not disclosing to any third parties.

Changes to Terms of Use – The Common may make changes to these Terms of Use and the updated version will always be online at https://thecommon.io/terms

Events – From time to time, The Common may host community, networking or special events, or open the space up for private events. Please keep in mind that if you have a private office or are a Dedicated member, your workspace may be visible by members of the general public. You will be given advance notice of any events and if the space will be temporarily unavailable to use.

Guests – Any guest must be accompanied by a member at all times. The inviting member will be responsible for their guests actions at all times.

Insurance – The Common carries Liability and Business Personal Property insurance. As a member, it is strongly suggested that you carry a Renters Insurance policy to cover your own equipment while using our space. You can most likely extend your home/residence policy to cover premises of The Common. Any lost, damage or theft is not covered by The Common and is the responsibility of the member.

Internet Usage – No spamming, posting or downloading files that you know or should know are illegal or that you have no rights to. Do not give The Common Internet access to any other person or device unless you get permission. It’s shared Internet, so respect bandwidth and avoid streaming of audio or video when possible.

Invoicing and Payment – Monthly memberships are automatically processed based on their membership type. Payment is required at the beginning of the month for that period. All payments are done with credit cards, processed online through 128bit encryption.

Liability – All members and guests are responsible for their own belongings and actions. Should any action or inaction cause damage or cost to The Common then that cost will be levied to that member or members. The member shall indemnify and save harmless The Common from all claims, losses or damages, and any associated costs, which relate to or arise out of any acts or omissions of the member or the member’s guest(s).

Mail / Address Use – All members at The Common are able to use the location address as their own business address through the duration of their membership. You must use the exact address as it appears on our Contact page of our website. Mail must be addressed to Your Name or Company Name, along with our address. We will notify you by email of new mail upon arrival, and hold for pickup. Please contact us to arrange pickup. We do not accept “postage due” or COD items. We don’t have receptionists or staff on site at all times to collect mail. All members in the space can sign for member’s packages and put the mail/package in the mail storage area at either location.

Open Environment – This is an open office shared by many different people and organisations. Anything said should be expected to be heard by others. Be respectful.

Pets – Pets are conditionally not allowed. However, under the discretion of The Common, the building owner and other members there may be exceptions. Pets must be clean, well behaved and not leave a mess or the building management or The Common has the right to ask them to be removed from the premises. They are allowed to stay in the fenced yard, owners must clean up after them immediately. There is a three bark, one two doggy mess rule :) Please do not allow them to roam around the premises, they are to be kept near you at all times. Happy pets = happy members!

Quiet Enjoyment – All members and guests have the right to quiet enjoyment and any behaviour that breaches this will not be condoned. If someone or something is making more noise than you like, but they’re still being respectful, please put on your headphones and listen to some music.

Renewal and Termination – Membership is a privilege not a right, misconduct can result in immediate termination. The Common renewal is automatic unless advised by the member. Members can terminate this agreement at any time by providing one month’s notice by email. If a member is on a 6 or 12 month pricing plan and chooses to terminate the agreement before the term is up, they will be charged the difference between their plan and the next highest plan within their membership category. ie: a Common member on a 6 month pricing plan, leaves with notice in 4 months, the difference of $325 (month to month rate) minus current rate of $275, times 4 months equals $200. This amount will be charged in addition to their last month of membership. Private office memberships have a 3 month minimum membership and then is month to month after that period.

Security Keys – These keys belong to the building owner and must be looked after carefully. Failure to return either of these at the end of the agreement will result in a $100 charge to your bank account or credit card on file.

Cobot Terms and Conditions

Cobot is the web platform used by The Common to provide this website.

1. General

1.1. Upstream-Agile GmbH, Adalbertstraße 7-8, 10999 Berlin, registered with the commercial register of the local court (Amtsgericht) of Charlottenburg under HRB 110149 B (“upstream”) provides an application to manage coworking spaces via its website www.cobot.me (the “Service” or “Services” or “Cobot”) as further specified on www.cobot.me (the “Website”).

1.2. All contractual relationships between upstream and any customer of upstream using Cobot (“Customer”, together with upstream the “Parties”, each a “Party”) shall be governed by these terms of service (“Terms of Service”). By registering on the Website or using Cobot, the Customer agrees to be bound by these Terms of Service.

1.3. Standard business conditions and/or general terms and conditions of the Customer do not apply, regardless of whether or not upstream has expressly objected to them in a particular case.

2. Registration

2.1. Any use of Cobot requires prior registration on the Website by creating an account (“Account”) and the acceptance of these Terms of Service. Customer must provide accurate and complete information and keep the Account information updated.

2.2. Customer is solely responsible for the activity that occurs on their Account. Customer shall keep their login data (password) confidential and prevent any unauthorized use by third parties. He shall immediately inform upstream if there are indications that any third party is misusing their account.

3. Use of Services

3.1. Offers published by upstream on the Website are non-binding.

3.2. The Customer may use Cobot for a trial run after registering. The Customer may only register for a trial run once. If a Customer registers for more than one trial run, upstream will have the right to delete these additional Accounts.

3.3. By registering on the Website according to section 2 hereof and subscribing to a subscription plan, the Customer makes a binding offer to use the respective Services. The offer shall be deemed to be accepted by upstream by making available the respective Service. Upon the acceptance of a subscription a contract governed by these Terms of Service between the Customer and upstream is concluded (the “Contract”).

4. Prices and Payment

4.1. The price for using Cobot depends on the number of members which are using the coworking space of the respective Customer (each a “Member”).

4.2. The Customer will be required to provide upstream with billing and account information for credit card, debit or other payment systems, such as PayPal, (each a “Payment Source”) for which the Customer is authorized to approve charges to allow upstream to collect payment from the Customer for their subscription plan. The Customer authorizes upstream to automatically and immediately bill the Payment Source when payments for subscription plans are due. The Customer shall only be allowed to raise an objection to a bill/deduction within eighty days starting from the day the deduction was made. If the objection was not raised, the deduction is deemed accepted by the Customer.

4.3. The billing of a subscription plan is made on a pre-paid basis. The payment source will be billed within five bank working days of the beginning of the chosen subscription period and then on a monthly or, as applicable, annual basis.

4.4. The prices stated on the Website are net prices excluding VAT. All other charges in connection with the use of the Services shall be borne by the Customer.

5. Contract Period, Termination of Contract, Cancellation of account

5.1. The Contract runs for an indefinite time and will remain in effect until terminated by one of the Parties in accordance with the Terms of Service.

5.2. The Parties may terminate this Contract for any or no reason at their convenience to the end of each month.

5.3. The Customer having used the trial run may unsubscribe from Cobot anytime without giving reason and without notice by using the respective button in their account.

5.4. The right of termination for cause and without notice remains unaffected for both Parties. A good cause for termination shall include, but shall not be limited to, any of the following events:

5.4.1. the Customer fails to comply with any applicable legal provisions;

5.4.2. a serious breach of the Customer of obligations arising from these Terms of Service by the Customer;

5.4.3. an attempt a denial of service attack on any of the Services by the Customer or any attempt to hack or break any security mechanism on any of the Services;

5.4.4. the Customer fails to pay the fees for the ordered Services;

5.4.5. a proceeding to wind-up the Customer or similar is brought against, or by the Customer (especially including insolvency and creditor protection scenarios and similar).

5.5. Any termination declaration shall be made via the “termination” button within the Account.

5.6. In the event of termination,

5.6.1. the Account of the Customer will be disabled and the Customer may not be granted access to their Account or any files or other content contained in the Account although residual copies of information may remain in upstream’s system;

5.6.2. any rights of use granted to Customer for using Cobot shall expire immediately and Customer shall cease to use the Services;

5.6.3. upstream will not refund any prepaid fees to Customer.

5.7. After a period of inactivity, whereby a user fails to log in to an Account for a period of nine months, upstream reserves the right to disable or terminate the Account. If an Account has been deactivated for inactivity, the subdomain associated with that Account may be given to another Customer without further notice.

6. Intellectual Property Rights

6.1. Subject to these Terms of Service, and for the duration of the Contract, upstream grants the Customer a non-exclusive license to use the Services, which non-exclusive license is hereby accepted by Customer (the “License”). The License shall be granted as non-exclusive, non-assignable, non- transferable, with no right to sub-license, worldwide limited right to use the Services. Customer is responsible for its staff’s compliance with the Terms of Service.

6.2. The scope of the License shall be subject to and limited by the number of Members as agreed between upstream and the Customer.

6.3. upstream does not claim any ownership in any of the content uploaded, transmitted or stored by the Customer in its Account. upstream will not use any of such content for any purpose except to provide the Customer with the Services.

7. Proper use

7.1. The Customer agrees that they are responsible for their own communications and for any consequences thereof. The Customer shall act according to the destined functions of the Website and Services. Any inappropriate or illegal use, manipulation, or change of the Website and Services is prohibited. In particular, the Customer shall, shall not agree to, and shall not authorize or encourage any third party to:

7.1.1. use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains malware or is otherwise objectionable as reasonably determined by upstream;

7.1.2. upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations;

7.1.3. prevent others from using the Service; or

7.1.4. use the Service for any fraudulent or inappropriate purpose.

7.2. upstream reserves the right to delete any infringing content according to this section 7, terminate the Services and/or suspend Accounts of a Customer that is violating any of these Terms of Service, in particular this section 7.

8. Representations and Warranties

The Customer represents and warrants that (i) all information provided by them to upstream to participate in the Services is correct and current; and (ii) the Customer has all necessary right, power and authority to enter into the Contract and to perform the acts required of Customer hereunder.

9. Indemnification

9.1. The Customer will indemnify, defend, and hold harmless upstream and its officers, directors, employees for any and all claims, suits, litigation, causes of action, losses, damages, expenses, costs (including court costs and attorneys’ fees) and liabilities (“Losses”) that arise out of, or in connection with (i) the Customer’s use of the Website and/or Services; (ii) any breach by the Customer of any warranty defined in section 8; (iii) any claim that the Customer’s content distributed via the Services caused damage to a third party.

9.2. In cases of an aforementioned enforcement of claims by third parties, the Customer will provide upstream with all their information that is needed for the examination of the claim and for the defense against it. The Customer provides the information immediately, truthfully, and completely.

9.3. The regulation of liability of the Customer or their obligation of indemnification shall apply to the same extent in the event of an act of a Member of the Customer.

10. Limitation of Liability

10.1. upstream’s liability for damages caused by or related to the exercise of rights and obligations under this Agreement shall be excluded. The limitation of liability shall not cover

10.1.1. damage from injury to life, body or health caused by upstream;

10.1.2. damages caused by upstream that are a result of willful intent or gross negligence;

10.1.3. damages caused by upstream as a result of slight negligence in the event of upstream’s breach of an essential contractual obligation which is indispensable for the duly execution of the contract and thereby jeopardizes the achievement of the contract purpose and such damage is typically foreseeable at the time of the infringement;

10.1.4. upstream’s liability in the event of the assumption of a warranty if an obligation infringement covered thereby triggers upstream’s liability.

10.2. Liability under the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.

10.3. The limitations and/or restrictions of upstream’s liability shall also apply to the personal liability of its legal representatives and vicarious agents.

10.4. upstream will not be liable hereunder by reasons of any failure to timely perform its services due to an event beyond its reasonable control, including acts of God.

11. Use for reference

The Customer agrees that upstream may use information of the Customer provided by them (i.e. the name/trademark) for marketing purposes as reference on the Website. The Customer may withdraw such consent by writing an email to upstream to support@cobot.me.

12. Privacy Policy

upstream provides the Customer with information on how data is collected and processed in Upstream’s Privacy Policy.

13. Miscellaneous

13.1. These Terms of Service shall be governed by the laws of the Federal Republic of Germany excluding the Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws provisions. Both Parties submit to the exclusive jurisdiction of the courts of Berlin.

13.2. Should any provision of this Terms of Service be or become invalid, ineffective or unenforceable as a whole or in part, the validity, effectiveness and enforceability of the remaining provisions shall not be affected thereby. Any such invalid, ineffective or unenforceable provisions shall be deemed replaced by such valid, effective and enforceable provision as come closest to the economic intent and purpose as of such invalid, ineffective or unenforceable provisions as regard subject-matter, amount, time, place and extent. The aforesaid shall apply mutatis mutandis to any gap in these Terms of Service if any court has confirmed such proceeding.

13.3. upstream reserves the right to change these Terms of Service at any time without indicating the reasons. upstream will notify Customer of the changed Terms of Service on the Website or via email no later than two (2) weeks before the refined terms will take effect. In case Customer objects the new Terms of Service they may terminate the Contract with a period of two (2) weeks upon receipt of the information about the changes by upstream via the “termination” button within the Account.