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Terms of Service

Terms of Service

Last Updated: July 22nd, 2022

Please read through the following Terms of Service carefully. By browsing or using Our Services, you agree to Our Terms of Service (“Terms”). The Terms are here for you, so that you are aware of your legal rights when using our Services.

Please note: this Agreement contains waivers of class actions and jury trials and an agreement to submit all claims and disputes to binding arbitration in Section 4 below. If you do not agree to all the terms and conditions of this Services Agreement, including those governing disputes in Section 4, you may not use our platform or services.

This document and any documents referred to within it will collectively make up the Terms. The “thisspace co. Host Membership Agreement” between the “Company”/thisspace and the “Member”/Host references and includes these Terms.
If you believe a user is in violation of these terms, please contact us.

Services Agreement

These Terms constitute a legally binding agreement ("Agreement") between you and thisspace (as defined below) governing your access to and use of the thisspace website, including any subdomains thereof, and any other websites through which thisspace makes its services available (collectively, “Site"), mobile applications and application programming interfaces(collectively, "Application") and all associated services("Services"). The Site, Application, and Services together are collectively referred to as the "thisspace Platform".

When these terms mention, "thisspace", "we", "us", and “our", it refers to thisspace co., located at 6116 Merriewood Dr, Oakland, CA.

1. General Terms

1.1 Services

1.1.1 The thisspace Platform is an online marketplace that enables registered users("Members" or "Users") and certain third parties to rent and list rooms, venues, outdoor areas, and other physical locations (“Spaces”)and buy and sell related services (“Host Services”). The thisspace Platform enables Members who offer Spaces and/or Host Services ("Hosts") to connect, communicate and transact with other members ("Guests")through "Bookings".

1.1.2 To promote the thisspace Platform and increase the exposure of Spaces to potential Guests, Spaces and other Member Content (as defined below) may be displayed on other websites and applications, within emails, in online and offline advertisements and other marketing materials.

1.1.3 As the Platform provider, thisspace does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Spaces or Host Services. Hosts alone are responsible for the availability, quality, and terms of their Spaces and Host Services. It is your responsibility to evaluate each Guest and Host with whom you choose to communicate, transact, or otherwise interact.

1.1.4 If you choose to use the thisspace Platform as a Host, your relationship with thisspace is limited to being a third-party contractor, and not an employee, agent, or partner of thisspace.

1.1.5 When Members make or accept a Booking, they are entering into a contract directly with each other. thisspace is not a party to that contract or any other contract between Guest and Host. Parties to the transaction will be entirely responsible for the sales contract between them in accordance to the listing of Spaces and Host Services. As such, we accept no obligations in connection to these contracts. However, if you have problems with your transaction, we may step in to help (refer to section 3). Users are prohibited from using the Platform to facilitate contracts outside of the Platform.

1.1.6 User Verification. thisspace does not pre-screen Members. We do not assume responsibility for verifying the identity of thisspace Members. However, as permitted by applicable law we may, but have no obligation to, take efforts to verify the identity of users and/or screen them against public and private databases for the purposes of preventing fraudulent activity and providing a safe community. We cannot ensure that Users will actually complete a transaction.

1.1.7 Changes to our Platform. We reserve the right to change, modify, suspend, or discontinue all or any part of the thisspace Platform at any time. We may release certain Services or their features while they are still considered to be a beta version, which may not work as expected or in the same way as the final version may work, and cannot be held liable in such instances. We may also impose limits on certain features or restrict your access to parts or the entirety of the Services at our sole discretion without notice or liability.

1.1.8 Third-Party Resources. Our Platform may contain links to third-party websites and resources. thisspace does not guarantee and is not liable for the availability or accuracy of third-party resources. Links to third-party resources are not an endorsement of the third-party or third-party resources by thisspace.

1.1.9 Right to Refuse Service. We reserve the right to refuse to provide you access to the thisspace Platform or to allow you to open an Account for any reason.

1.1.10 Eligibility. In order to access and use the thisspace Platform or register a thisspace Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity and able to enter into legally binding contracts.

1.1.11 Ownership, License, and Restrictions. thisspace owns all rights and interests in the Platform and all intellectual property contained within. Through creating your Account, we grant you a limited, non-exclusive, non-transferable and revocable license to use our Platform as described in these Terms and only as provided to you via the Platform. This license does not constitute a transfer of ownership or grant you additional rights to use this IP. You may not attempt to obtain source code of the Platform. You may not interfere with or disrupt/harm our Platform.

1.1.12 Compliance with the Law. You agree that you will not violate any laws in connection with your use of Spaces, Host Services, the Platform, and all other thisspace Services. This includes any local, state, federal and international laws that may apply to you. While we may provide support and guidance to help you understand which laws apply to you, we are not authorized to provide and do not provide any legal advice.

1.2 Your Account

1.2.1 Registration. You must register an account ("Account") to access and use certain features of the thisspace Platform, such as publishing or booking a Space. If you are registering an Account for a business, organization or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

1.2.2 Accuracy. You are required to provide accurate information and keep your account information up-to-date as required to maintain compliance with these terms, including but not limited to maintaining proper contact and payment information. Providing false information or impersonating another person or misrepresenting your affiliation or association with a company or other legal entity is strictly forbidden and may result in immediate termination of your Account, ineligibility to use thisspace Services, and/or reporting to the appropriate legal authority.

1.2.3 Account Security. You will be required to provide an email address and password to keep your account secure. You are responsible for maintaining the security of your account credentials and are required to notify thisspace if you suspect your account security has been compromised. You are solely responsible for any activity on your account, so remember to keep your login and password secure.

1.2.4 Account Termination. You may terminate your account at any time by notifying us. Termination of your account does not negate any contractual obligations to third parties and other thisspace members. You are responsible for all activity conducted on your account prior to termination, including payment of Fees, Fines, and other charges; providing use of Space and Host Services to Guests to fulfill prior Bookings.

1.2.5 Account Termination by Us. We may suspend your account and use of thisspace Services, including but not limited to listing Space, communicating with Members, and booking Space. We will likely terminate your account if you fail to comply with these Terms, there is evidence of actual or attempted fraud by your account, or we believe use of your Account poses a risk to thisspace, you, or other Members.

1.3 Feedback

1.3.1 We value hearing from our Users and are always interested in learning about ways we can improve Our Services. We encourage you to provide feedback, comments and suggestions ("Feedback") through the "Contact" section of the thisspace Platform, or by other means of communication. By providing Feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any compensation to you

1.4 Privacy

1.4.1 Our Privacy Policy details how your information is used when you use our Services. When using our Platform or providing information on the site, you consent to our collection, use, disclosure, and processing of your Content and personal data as described in the Privacy Policy.

1.4.2 Users in possession of another User's personal data obtained through the use of the Services hereby agree that, they will (a) comply with all applicable personal data protection laws, (b) allow User (owner of personal data) the right to remove their collected data from User (receiver of personal data) from the database upon request.

2. Connecting and Transacting on Our Platform

2.1 Content

2.1.1 Posting Content. When using our Platform, you may be asked to or may voluntarily create, upload, post, send, receive and store information about yourself, a Space, a Host Service or other information including text, images, or videos (collectively, "Member Content"). Member Content includes, but is not limited to, usernames, corporate or organizational names, profile pictures, Space photos, Space descriptions, User-generated reviews, User-generated comments, and User-generated videos.

2.1.2 Accuracy of Content. You will only provide Content that you are authorized to provide and will ensure that Member Content is accurate, complete, and incompliance with the Terms. You are solely responsible for all Member Content you post to our Platform. You represent that you have all necessary rights to provide Member Content to the Platform and you're not infringing or violating any third party's rights by posting it. Thisspace does not guarantee the accuracy, veracity, or completeness of Member Content.

2.1.3 Prohibited Content. You will not post, upload, publish, send or otherwise transmit Member Content on the thisspace platform that violates the Terms or any other thisspace policy, violates applicable Laws, or otherwise compromises the safety and well-being of the thisspace community. This includes, but is not limited to, Content that (i) is defamatory, libelous, vulgar, pornographic, obscene, or otherwise disrespectful towards other users; (ii) is fraudulent, false or misleading; (iii) promotes illegal or harmful activities or substances; (iv)promotes discrimination, harassment, bigotry, racism, hatred, harassment or harm to another individual or group of individuals; or (v) includes sensitive personal information. We may, without prior notice, remove or restrict access to all Content in violation of this agreement and/or applicable law. Violations may result in Account termination or ineligibility to use the thisspace Platform and Services.

2.1.4 Our Use of Member Content. In providing Member Content to our Platform, you grant us a license to use it. This license allows us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, display, edit, modify, reproduce, distribute, store and prepare derivative works of the Content to promote our Platform. We do not claim ownership to the Content, but we have your permission to use it to help us function and grow.

2.1.5 Subject to your compliance with these Terms, thisspace grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access and view any Member Content made available on or through the Platform and accessible to you, solely for your personal and non-commercial use.

2.1.6 Copyright Infringement. thisspace respects copyright law and expects users to do the same. If Content that you own or have rights to has been posted to the Platform without your permission and you want it removed, please notify us. This notice should identify the specific Content and provide us with evidence of your ownership of the copyright or authorization to enforce the rights of the copyright owner. We will review alleged violations but may not send you a response each time notifying you of the results of our review. Any information you provide to us may be shared with other users, third parties, or law enforcement to help assess the claim of infringement or remove infringing content.

2.2 Payments

2.2.1 Fees and Payments. By using our Platform, you authorize thisspace to receive and/or enable your payment of applicable charges for goods and services obtained through your use of the Platform and Services.

2.2.2 Fees Charged by thisspace. thisspace may charge fees to Hosts and Guests(collectively "Service Fees") for the use of the Platform. More information about when Service Fees apply and how they are calculated can be found in our Help Center. Any applicable Service fees will be displayed to a Host or Guest prior to publishing a Listing or submitting a Booking Request. thisspace reserves the right to change the Service Fees at any time, and such changes will not affect any bookings made prior to the effective date of the fee change. Except as otherwise provided in these Terms, thisspace Service Fees are non-refundable.

2.2.3 Host Services and Additional Fees. A Booking is a legally binding agreement that provides limited use of a Space as described in the Listing and Booking Agreement, for which the Host charges a fee (the "Booking Price").Hosts may charge additional fees in association with the use of the Space, for instance, a Cleaning Fee, provided that such fees are represented accurately in the Listing and are displayed to the Guest prior to submitting a Booking Request. Hosts may offer Add-On Services ("Host Services") for an additional fee. Hosts may only charge Host Service fees if the Guest includes the Service in the Booking. Host Service fees may be either a flat fee or calculated based on an hourly rate and the length of a Booking, at the Host's discretion.

2.2.4 Taxes. You are solely responsible for payment of all taxes, levies, penalties, and other costs imposed by any taxing authority or government agency related to Listing or Booking Spaces and Host Services on the Platform. Except as required by law, thisspace will not calculate, track, or pay Taxes or submit Tax documents on your behalf.

2.2.5 Payment. You are responsible for paying all Fees or other amounts that you owe under these Terms. You must timely and fully pay these fees via the Platform. If for some reason we are unable to receive payment via the Platform, then we may require payment via alternative means (such as direct debit or wire transfer). You are responsible for any costs or penalties associated with recovering Fees, Taxes, or Fines owed, including Late Fees or legal costs. In our discretion, we may charge a Late Fee of up to 10% for any payments more than seven (7) days overdue.

2.2.6 Payment Processing. Payment processing on the thisspace Platform is provided by Stripe. Your use of Payment Processing on the Platform is subject to Stripe's Terms and Conditions. To transact on thisspace, you must provide accurate and complete information about you and your business, organization, or other legal entities affiliated with your thisspace Account, and authorize us to share this information with Stripe.

2.3 Terms Applicable to Guests

2.3.1 Space Usage When you Book a Space, you are provided a license to enter, occupy, and use the Space only as described in the Booking and confirmed by the Host, subject to these Terms and any Booking Agreement. A Booking does not provide you a lease or access or use of the Space beyond the specified time and Description. Hosts retain the right to re-enter the Space in accordance with your agreement with the Host.

2.3.2 Booking Requests. Guests may submit Booking Requests on the Host's Space Listings. Booking Requests are non-binding, and may be altered or cancelled by Guests at any time prior to Booking confirmation with no penalty. All applicable fees, including the Space Fee and Service Fee and any applicable Host Service Fees(collectively, "Total Fees") will be presented to you prior to requesting a Booking. By submitting a Booking Request, you agree to pay the Total Fees in the event that the Booking is confirmed by the Host.

2.3.3 Bookings. Bookings are created when the Host accepts and confirms your Booking Request submitted via the thisspace platform. Bookings are a legally binding agreement between a Host and a Guest subject to the Terms, the specific cancellation policy included in the Listing, and any rules and restrictions included in the Listing. thisspace will collect the Total Fees upon confirmation of the Booking by the Host. All Bookings are subject to and bound by the thisspace Cancellation and Refund Policy.

2.3.4 Guest Responsibilities. Guests are responsible for leaving the Space and Space amenities in the condition it was in when you arrived and for complying with all Space Rules. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Host (and the individuals the Host invites to the Accommodation, if applicable).

2.4 Terms Applicable to Hosts

2.4.1 Listing Space. In order to List a Space as a Host, you must provide all required information, including but not limited to, a description, usage rules, pricing, pictures, amenities, and condition. Hosts are responsible for maintaining listings and ensuring they are accurate, complete, and up-to-date at all times. Hosts must not post inaccurate or misleading information.

2.4.2 Space Conditions. Hosts are responsible for maintaining Space conditions and Space amenities so that Guests may use them as described in the Space Listing. All Spaces and Space amenities must be clean, safe, and in good working order and Hosts must disclose or correct any defects prior to Listing Space. Hosts must promptly notify Guests of any material changes to Space conditions or Space amenities that impact confirmed Bookings.

2.4.3 Host Responsibilities. As a Host, you are solely responsible for ensuring that Spaces and Amenities comply with all applicable Laws, including any alcoholic beverage laws, local ordinances related to condition, licensure, or registration of Spaces for use by guests, and payment of Taxes. We may require you to provide proof of your compliance with Laws at any time. Hosts are responsible for the acts and omissions of any individuals who work, reside, or are present at the Space at your request or invitation, excluding the Guest and any individuals the Guest invites to the Space.

2.4.4 Booking Requests. Hosts will receive notification via email, text, and/or a message on the thisspace Platform when Guests submit Booking Requests on the Host's Space Listings. Booking Requests are non-binding, and Hosts have the option to confirm or decline requests. Hosts are required to respond to Booking Requests within 48 hours by either confirming the Request, declining the Request, or requesting additional information from the Guest. If the Host does not respond within 72 hours, the Booking Request will be automatically declined and repeated violations may result in removal of the Space from the platform and/or termination of the Host Account.

2.4.5 Bookings. Bookings are created when the Host accepts and confirms a Booking Request submitted via the thisspace platform. Bookings are a legally binding agreement between a Host and a Guest subject to the Terms, the specific cancellation policy included in the Listing, and any rules and restrictions included in the Listing. Hosts are obligated to deliver Spaces and Host Services as described in the Space Listing and in accordance with the terms agreed to in the Booking and to pay all applicable thisspace fees, unless there is an exceptional circumstance. If there are any exceptional circumstance the Host is obliged to contact the Guest and thisspace to inform them of any delays or inability to complete the transaction. All Bookings are subject to and bound by the thisspace Cancellation and Refund Policy.

2.4.6 Pricing. The pricing Spaces and Host Services are determined by the Host at his/her own discretion. The price of a space will include any additional charges such as sales tax, value-added tax, tariffs. Hosts will not charge Guests such amounts additionally and separately. Additionally, Hosts may not raise the rental rate for a particular Guest once a Booking has been confirmed, with the exception of altering the price due to the addition of an Add-On Host Service prior to the event and/or as permitted in the thisspace Cancellation and Refund Policy.

2.4.7 Space Supervision. As a Host, you are solely responsible for (i) preserving and protecting your Space and Amenities by removing and/or securing valuable, vulnerable or sensitive items, (ii) determining the appropriate types and intensities of permitted uses in your Space, (iii) evaluating the appropriateness of potential Guests, and (iv) supervising and monitoring the Space and Amenities and your Guest’s use of the Space and Amenities for the Event, to the extent (if any) you as Host determine in your sole judgment.

3. Disputes and Binding Arbitration

3.1 Disputes with other Users

3.1.1 If you find yourself in a dispute with another user of our Services or a third party, we encourage you to contact the other party and try to resolve the dispute amicably.

3.1.2 Should you be unable to resolve the dispute between you and another User, we may step in to help resolve the dispute. If you would like us to get involved, please contact us. We will help in good faith, based on our policies. However, we will not make judgments regarding legal issues or claims.

3.1.3 Whether you are a Guest or a Host of a space/service, you must cooperate with us throughout the dispute resolution process. You agree to cooperate with thisspace in good faith, and to provide all information as may be reasonably requested by thisspace relating to the dispute. Such requests will be directed to your designated email address. If we are unable to get a response from you we may close the investigation or determine that the investigation has been resolved in favor of the other party.

3.2 Dispute Resolution and Arbitration Agreement

3.2.1 If you are upset with us, please let us know and hopefully we can resolve your issue. If we are unable to resolve the issue, these rules will govern any legal dispute involving our Services:

3.2.2 Overview of Dispute Resolution Process. thisspace is committed to participating in a consumer-friendly dispute resolution process. To that end, we provide a two-part process for resolving disputes: (1) an informal negotiation directly with thisspace's customer service team, and (2) a binding arbitration.

3.2.3 Pre-Arbitration Notification. Prior to initiating an arbitration, you and thisspace agree to notify the other party of the dispute and attempt to negotiate an informal agreement first. We will contact you at the email address you have provided to us; you can contact thisspace at support@thisspace.io. If after a good faith effort to negotiate one party feels the dispute cannot be resolved informally, the party intending to pursue arbitration agrees to notify the other party via email prior to initiating the arbitration.

3.2.4 Agreement to Arbitrate. You and thisspace agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the thisspace Platform or Services (collectively, “Disputes”) will be settled through binding arbitration and not in a court of law. If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and thisspace agree that the arbitrator will decide that issue.

3.2.5 Exceptions to Arbitration Agreement. You and thisspace agree that any claims related to actual or threatened misuse of the other party's intellectual property are exceptions to the Arbitration and Agreement and may be brought before the Federal or state courts located in San Francisco, California.

3.2.6 Attorney's Fees and Costs. You and thisspace agree that the parties will share the costs of arbitration equally except as otherwise determined by the arbitrator. Each party will be responsible for its own attorney's fees and legal costs. The arbitrator may award the prevailing party recovery of any of the costs of arbitration or legal fees as they see appropriate.

3.2.7 Arbitration Decision. The arbitrator may award declaratory or injunctive relief only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim but may not modify these Terms or the terms of any Booking Agreement. Judgment on the arbitration award may be entered in any court that has jurisdiction. Arbitration decisions will be deemed final and are not subject to appeal.

3.2.8 Class Action Waiver. Each party agrees that, to the fullest extent permitted by law, any action or claim arising from or related to these Terms or any use of thisspace services may only be brought on an individual basis and not part of any class action or consolidated arbitration. Further, unless you and thisspace both agree otherwise in writing, the arbitrator may not consolidate more than one party's claims and may not otherwise preside over any form of any class or representative proceeding.

3.2.9 Jury Trial Waiver. You and thisspace acknowledge and agree that we are each waiving the right to a jury in arbitration and court, where permitted.

3.2.10 Severability and Survival. In the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Arbitration Agreement shall be given full force and effect. This Section will survive any termination of these Terms and will continue to apply even if you stop using the thisspace Platform or terminate your thisspace Account.

4. Additional Legal Terms

4.1 Liability

4.1.1 You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of thisspace Services, your listing or booking of any space or service via thisspace Services, your use of any space or Services, or any other interaction you have with other Members whether in person or online remains with you. Neither thisspace nor any other party involved in creating, producing, or delivering thisspace Services will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage, system failure, the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use thisspace Services, (iii) from any communications, interactions, or meetings with other Members or other persons with whom you communicate, interact, or meet with as a result of your use of the thisspace Platform, or (iv) from your listing or booking of a space or service, including the provision or use of a Space’s Host Services, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not thisspace 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. In no event will thisspace’s aggregate liability arising out of or in connection with these Terms and your use of thisspace Services including, but not limited to, from your listing or booking of any Spaces via thisspace Services, or from the use of or inability to use thisspace Services and in connection with any Services, or interactions with any other Members, exceed the amounts you have paid or owe for bookings via thisspace Services as a Guest in the twelve (12) month period prior to the event giving rise to the liability, or if you are a Host, the amounts paid by thisspace to you in the twelve (12) month period prior to the event giving rise to the liability, or one hundred U.S. dollars (US$100), if no such payments have been made, as applicable. The limitations of damages set forth above are fundamental elements of the basis of the bargain between thisspace and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect thisspace’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

4.2 Indemnification

4.2.1 To the maximum extent permitted by applicable law, you agree to release, defend(at thisspace’s option), indemnify, and hold thisspace and its affiliates and subsidiaries and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your breach of these Terms or our Policies, (ii) your improper use of thisspace Services, (iii) your interaction with any Member or use of a space or other Host service, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation, or use, (iv) thisspace’s collection and remittance of taxes, or (v) your breach of any laws, regulations, or third party rights.

4.3 Severability

4.3.1 In the event that any portion of these Terms is deemed illegal or unenforceable, such provision shall be severed and the remainder of the Terms shall be given full force and effect.

4.4 Changes to These Terms

4.4.1 We are constantly updating and improving Our Services to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviors and the way people use the Internet and our Services.

4.4.2 Right to Amend. thisspace reserves the right to modify these terms in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on our website and update the “Last Updated” date at the top of these Terms. We will try, where possible and reasonable, to contact you to let you know about significant changes to any of the documents referred to in these Terms of Service. We may make contact through the thisspace Platform or via a separate email.

4.4.3 The current version of the Terms contains the only terms that apply to our relationship with you. Older versions of the Terms will no longer apply to our relationship and will be completely replaced by the current version.

4.5 Entire Agreement

4.5.1 Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards (including, but not limited to, the Privacy Policy and Cancellation and Refund Policy), these Terms constitute the entire agreement between you and thisspace governing your use of the Platform or Services and supersede any and all prior oral or written understandings or agreements between thisspace and you in relation to the access to and use of the thisspace Platform or Services.

4.6 Third Party Terms

4.6.1 Some areas of the Platform make use of mapping services provided by Google. Your use of those features are subject to the Google Maps terms of service. 

Cancellation and Refund Policy

Effective Date: July 22, 2022, 12:00am PST. This policy will govern all bookings confirmed after this effective date.

This Cancellation and Refund Policy ("Cancellation Policy") is incorporated into the thisspace Terms of Service applicable to use of thisspaceServices. Please read this policy carefully. You may not use thisspace Services if you don't agree to this Cancellation Policy.

thisspace is designed to help Hosts and Guests efficiently and conveniently complete Bookings. Every Booking is a Host’s commitment to make a Space available to a Guest. When Guests cancel Bookings, the Host’s ability to Book that Space during that time becomes increasingly difficult because other interested Guests may have already made other plans. When Hosts cancelBookings, Guests’ events and plans can be severely impacted and may require intensive logistical support from thisspace. Nonetheless, plans may change, requiring Guests or Hosts to cancel Bookings on occasion.

This thisspace Cancellation Policy covers all cancellations and refunds on thePlatform. Both Guests and Hosts are subject to and must comply with thisCancellation Policy when cancelling a Booking. We reserve the right to amend this Cancellation Policy for any reason and at any time by posting an updated version to our website as provided in the thisspace Terms of Service. In the event of conflict between this Cancellation policy and the thisspace Terms ofService, the thisspace Terms of Service controls.

Please note, All Bookings are subject to thisspace’s Grace Period policy which provides a full refund, excluding third party charges for services such as payment processing in the event that thisspace is unable to recover such costs, for Bookings cancelled within 24 hours from receipt of a Booking Confirmation but no later than 48 hours prior to the Event start time. thisspace shall have final say in any dispute between Hosts and Guests regarding the application of cancellation policies.

Cancellation by Guests

The Guest may cancel its reservation in accordance with the following terms, according to the cancellation policy chosen by the Host.

Booking Fee: thisspace may charge Guests a Booking Fee for each Booking, in addition to any Host service fee thisspace may take from payments made for reservations. The thisspace Booking Fee is non-refundable, unless the cancellation occurs within the 24-hour Grace Period.

How to cancel a Booking: Guests must submit all cancellations through the thisspace platform. Your cancellation is not effective unless and until you have requested the cancellation through your thisspace account. After submission, thisspace may allow or require up to 48 hours to finalize the cancellation.

Cancellation Policy: The cancellation terms will depend on the specific policy selected by the Host. Hosts must choose among three cancellation policies.

FLEXIBLE: Full refund up to 24 hours before event. Guests may cancel their Booking until 24 hours before the event start time and will receive a full refund (excluding Booking Fees and third party payment processing fees) of their Booking Price. Bookings cancellations submitted less than 24 hours before the Event start time are not refundable. See Additional Terms section below for more information; or

MODERATE: Full refund 7 days before event, 50% refund until 24 hours before event. Guests may cancel their Booking until 7 days before the event start time and will receive a full refund (excluding all Fees) of their BookingPrice. Guests may cancel their Booking between 7 days and 24 hours before the event start time and receive a 50% refund (excluding Booking Fees) of theirBooking Price. Booking cancellations submitted less than 24 hours before theEvent start time are not refundable. See Additional Terms section below for more information; or

STANDARD: Full refund 30 days before event, 50% refund until 7 days before event. Guests may cancel their Booking until 30 days before the event start time and will receive a full refund (excluding all Fees) of their BookingPrice. Guests may cancel their Booking between 30 days and 7 days before the event start time and receive a 50% refund (excluding Booking Fees) of theirBooking Price. Cancellations submitted less than 7 days before the Event start time are not refundable. See Additional Terms section below for more information.

GUESTS WILL NOT BE ENTITLED TO ANY REFUND IN RESPECT OF CANCELLATION MADE NO TIN ACCORDANCE WITH THE CHOSEN CANCELLATION POLICY.

Cancellation By Hosts

Hosts may cancel a reservation in accordance with the following terms:

Refunds: Any Host-initiated cancellations will be fully refunded to the Guest(including any Fees paid). The Host cancelling the Booking will be responsible for reasonable losses incurred by the Guest associated with any cancellation, and all scheduled payouts for that Booking will be cancelled. In addition, thisspace may issue Cancellation Fines to Hosts for cancellations. thisspace may (i) deduct or debit any Cancellation Fines from amounts that would otherwise be payable, or (ii) invoice such Fines to be paid within seven (7)days.

Booking Fee: thisspace may charge Guests a Booking Fee for each Booking, in addition to any Host service fee thisspace may take from payments made for reservations. In the event of a Host-initiated cancellation, Hosts will be charged the amount of the Booking Fee.

How to cancel a Booking: Hosts must submit all cancellations through the thisspace platform. Your cancellation is not effective unless and until you have requested the cancellation through your thisspace account. After submission, thisspace may allow or require up to 48 hours to finalize the cancellation.

Cancellation Penalties: A Host may be responsible for costs, expenses, and other losses, and be subject to Cancellation Fines, if they make unexcused cancellations. A Host may be subject to the following as a result of an unexcused Host-Initiated Cancellation:

Displacement costs for Guests;

A Cancellation Fine of $100, in addition to the amount of any Booking Fee paid by the Host (which thisspace will refund to the Guest).

Delisting of the Host’s Space if the Hosts cancels multiple Bookings within a six-month period;

Modifying the listing page description to include publicly available information about previous cancellations, or suspension, or termination of yourAccount.

Unavailable/Blocked calendar: In the event of a Host-initiated cancellation, the Space calendar will remain blocked for the cancelled EventPeriod and you will not be able to accept another reservation for the same period as the cancelled reservation.

Additional Terms

Cancellation Confirmation
A Booking is only officially cancelled once the Guest has received confirmation of the cancellation from thisspace. See How to Cancel A Booking section below for more information.

Host Payouts
Host payouts will vary depending on the specific cancellation policy chosen by the Host and other circumstances. If thisspace, in its sole discretion based on the applicable cancellation policy, determines a Guest is entitled to a refund, the Host payout will be calculated by deducting from the subtotal price of the Booking (which includes the Booking Price and any Host Add-ons Fees) any thisspace Service Fees, and then reducing that amount by the percentage specified in the applicable cancellation policy. Payouts are typically made within 7 days after the cancellation is confirmed.

Taxes
thisspace will refund any taxes we collect that are related to amounts refunded to Guests. Any taxes due on the non-refundable portion of canceled Booking will be submitted to the appropriate tax authority.

Multi-Day Bookings
For multi-day and nonconsecutive-day Bookings, the deadline for cancellation set forth in the applicable cancellation policy shall apply toEvent start time for each day in which the Space is Booked.

Calculating Cancellation Deadlines
All cancellation periods are calculated based upon local time for theSpace.

Additional Terms for Host-Initiated Cancellations
thisspace may, but is not obligated to, waive costs, expenses, and Fines for Host-initiated cancellations under the following circumstances:

thisspace determines that a Booking was accidentally accepted by a Host, so long as the Host cancelled within 2 hours of confirmation;

A Guest provides false or misleading information in a Booking request that materially affects the Booking or Event;

A Guest uses, or intends to use, a Space in a manner inconsistent or incompatible with the Space Description, the Booking Agreement, or other limitations agreed upon between the Guest and Host; A Booking could put a Host’s tax status, mission, public standing, or other attributes at risk;

Inappropriate or illegal activity taking place during an Event;

A Host and Guest mutually deciding to cancel the Booking in accordance with this Cancellation Policy; or

Any excused cancellations.

Excused Cancellations
thisspace may allow a Host or Guest to cancel a confirmed Booking due to extenuating circumstances and with short notice (an “Excused Cancellation”).thisspace may require Guests or Hosts to provide evidence to support theExcused Cancellation. Where approved, Fees will be refunded in full to the Guest and no payout will be sent to the Host without Cancellation Fees or Fines. The following circumstances may be considered grounds for an Excused Cancellation:

Unexpected death or serious illness of anyone in a direct connection to theHost or Guest, including members, staff, or immediate family members of either;

Serious injury that directly restricts a Guest’s ability to travel or a Host’s ability to provide the Booked Space;

Significant natural disasters or severe weather incidents triggering a state of emergency that directly impact use of a Space or the Guest’s ability to travel to the Space;

Urgent travel restrictions or severe security advisories issued after the time of Booking, by an appropriate government office or agency;

Severe property damage or unforeseen maintenance issues that directly impact the safe use of the Space; or

Legal, municipality, or utility injunction or order that directly restricts use of or access to a Space.

thisspace-Initiated Cancellations
thisspace may decide, in its sole discretion, that it is necessary or appropriate to cancel a confirmed Booking. thisspace may cancel a Booking at any time prior to the Event start time and issue a full or partial refund to a Guest.When thisspace initiates a cancellation, any refunds or payouts will vary depending on the circumstances that prompted the cancellation. Neither thisspace nor any of the other parties to the cancelled Booking shall have any liability or obligation for any such thisspace-initiated cancellations. The following are circumstances in which thisspace my initiate a cancellation:

An Excused Cancellation;

The removal of a Host or Space from thisspace Services prior to the Start Time;

Any actual or potential illegal or unauthorized activity;

Risk of harm or safety concerns;

Failure to provide proof of insurance when requested by thisspace or Host;

Any violations of any established Community Guidelines; or

Any other reason.

Rescheduled Bookings
When approved by thisspace, a Guest or Host may have an opportunity to reschedule that Booking. Any rescheduled Bookings must be:

For substantially the same duration as the original Booking, according to theHost’s approval;

Confirmed prior to the original Start Time;

Rescheduled for a time within 90 days of the original Start Time; and

Only rescheduled once.

Rescheduled Bookings are non-refundable once confirmed. Any successive rescheduling attempts or failure to successfully reschedule a Booking within the conditions above will result in a cancellation of the Booking, subject to the Cancellation Fees or Fines identified in this Policy, depending on the initiating party. Rescheduling by Guests may result in additional thisspace Service Fees. 

Privacy Policy

Welcome to thisspace. This policy is a part of our Terms of Service (“Terms”). By visiting this site or using our services (collectively, “Services”), you consent to our use of your personal information in the ways set out in this policy and in our Terms. We take our responsibilities under applicable privacy laws and regulations ("Privacy Laws") seriously. We are committed to respecting the privacy rights and concerns of all Users of our Services.

We recognize the importance of the personal data you have entrusted to us and believe that it is our responsibility to properly manage, protect and process your personal data. This Privacy Policy (“Privacy Policy” or “Policy”) is designed to assist you in understanding how we collect, use, disclose, and/or process the personal data you have provided to us and/or we possess about you, whether now or in the future, as well as to assist you in making an informed decision before providing us with any of your personal data. If you have any questions regarding this information or our privacy practices, please contact us.

By using the Services, registering for an account with us, visiting our website, or accessing the Services, you acknowledge and agree that you accept the practices, requirements, and/or policies outlined in this Privacy Policy, and you hereby consent to us collecting, using, disclosing and/or processing your personal data as described herein. We may revise this Privacy Policy but the most current version will always be available at https://www.thisspace.io.

Information collected or received
To use our platform to transact, you will need to provide us with a valid email address. Depending on the services you choose, we may collect additional information, for example: If you are a Host, we will collect additional information such as payment information, contact number, and an address. Please note that for security and performance reasons, such content may need to be accessed by internal personnel from time to time.

Your username is publicly displayed. Other people may see the date you joined; ratings, reviews, and related photos for spaces and services you are renting, selling or have rented or sold; your profile information; spaces and services you listed for rent or sale; your space pages.

Information We Automatically Collect When You Use Our Services
We use technologies such as cookies, clear gifs, log files, and flash cookies for several purposes, including to help understand how you interact with our Services, in order to provide a better experience. The information we collect may include, without limitation, your Internet Protocol (IP) address, computer/mobile device operating system and browser type, type of mobile device, the characteristics of the mobile device, the address of a referring web site (if any), and the pages you visit on our website and mobile applications and the times of visit.

We automatically receive and record information (for example: an email address or IP address, cookies, and data) about a person who is not yet registered in connection with certain features.

Requested Information
We may contact individual space hosts to confidentially request more information about their venues or spaces listed through our Services, or to ensure compliance with our rules and applicable law.

Information We Collect From Other Sources
When you connect to us or register an account using external third-party applications or services, such as Facebook, using an application programming interface (API), you will be granting us permission to receive information from these third-party applications. You can also choose to share some of your activity to certain social media networks which are connected to your account.

Uses of Information

We respect your privacy. We will not sell or disclose your name, email address, or other personal information to third parties without your consent, except as specified in our Privacy Policy.

We generally use the information to provide and improve our Services and products, for billing and payments, for identification and authentication, for targeted online and offline marketing, to contact members or interested parties, and for general research and aggregate reporting. For example, we could use your feedback to improve our Services; we use data analytics and work with certain third-party service providers for targeted online and offline marketing; and of course, we use your email address to communicate with you.

We may use your information to contact you. Primarily, these messages are delivered by email or by push notifications, and every account is required to keep a valid email address on file to receive messages. We may contact you by telephone to provide support or for transaction related purposes.

​Sharing of Information
As part of the renting and listing process, we will facilitate the sharing of information between the two users involved in the transaction, such as the user’s email address, mailing address, and payment information. By making a booking or sale on thisspace you are directing us to share your information in this way. We expect you to respect the privacy of the member whose information you received. Your ability to use this information extend to all marketplace related communication or for any transaction related communications. You have not been granted the ability to use the information for unsolicited commercial messages or unauthorized transactions. Without express consent from that person, you must not add any user to your email or physical mailing list or misuse any user’s personal information.

Release of Information
We may release your personal information to a third party in the following circumstances: to protect, establish, or exercise our legal rights or defend against legal claims, or we feel that such disclosure is necessary to comply with the law, such as investigations into illegal activities.

Analytics Services Provided by Others
We partner with service providers and other third parties that collect, use, promote, and analyze information about our marketplace.These entities may use cookies, web beacons, and other technologies to collect information on the use of our services and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked, and conversion information. thisspace and others may use this information to, among other things, analyze and track data, determine the popularity of certain content, and better understand user online activity.

Anonymized, Pseudonymized or Aggregated Data
We may share demographic information with business partners, but it will always be aggregated, pseudonymized and/or anonymized, so personally identifiable information is not revealed.

Community and Social Sharing
We are both a marketplace and a community. We offer several features that allow users to communicate in public such as reviews or private means such as contacting the seller. Please use common sense and good judgment when posting or sharing your personal information with others. Be aware that any personal information you submit there can be read, collected, or used by others, or could be used to send you unsolicited messages. You are responsible for the personal information you choose to post.

Security
The security of your personal information is important to us. Your account information is protected by a password. It is important that you protect against unauthorized access to your account and information by choosing your password carefully, and keeping your password and computer secure, such as by signing out after using our Services.

We encrypt sensitive information (such as credit card numbers) using secure socket layer technology (SSL) which is then handled by our payment processing partners. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. Your payment information is safe even from us.

Unfortunately, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to protect your personal information, we can't guarantee its absolute security.

Your Choices

Account Information
You can correct, change, and delete certain personal information associated with your account at any time by emailing us.

If you no longer want us to use your information to provide you Services, you may close your account at any time by emailing us. We will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Promotional Communications
You may opt out of receiving promotional communications from thisspace by following the instructions in those communications or by emailing us.

​Some messages from us are service-related and required for users. Examples of service-related messages include an email address confirmation/welcome email when you register your account, notification of an order, and correspondence with the site. You may not opt out of receiving service-related messages from us, unless you close your account.