Please read the following terms and conditions, since they are the legal terms that will govern your use of our services. When you read these terms and conditions, (1) “Spacious,” “we,” “us” and “our” refers to Spacious Technologies Inc., (2) “you” refers to the person who accepts these terms and conditions, the (3) “Services” refers to our network of restaurant-workspace services and related services and (4) the “Agreement” refers to these Membership Terms and Conditions.
BY JOINING SPACIOUS AS A MEMBER, YOU ACKNOWLEDGE THAT YOU HAVE REVIEWED AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU WILL NOT BE ALLOWED TO BECOME A MEMBER OR USE OUR SERVICES.
- Day Passes & Memberships.
- Becoming a Spacious Member. Before you can access our Services (whether through a paid Membership or Day Pass), you are required to become a Spacious member (each, a “Member”) by registering our website, www.spacious.com (the “Site”). We are under no obligation to accept any individual as a Member, and may accept or reject any registration in our sole and complete discretion. As a Member, you may use our workspaces by purchasing Day Passes or by purchasing a paid Membership. Registering on the Site alone does not entitle you to use of our workspaces.
- Day Pass. Spacious offers Day Passes ($20) for people who are interested in trying our Services before committing to purchase a Membership subscription. To learn more about Day Pass benefits and limitations, please visit our How it Works page. Spacious may, in its sole discretion, refuse to issue a Day Pass, terminate a Day Pass at any time and/or impose restrictions on the use of a Day Pass.
- Membership Changes; Revocation. Spacious reserves the right to modify or discontinue any Membership type and/or any associated fees, benefits, features and limitations at any time, at its sole discretion, by updating the Membership Page (“Membership Changes”). If you have already purchased a Membership when a Membership Change is made, the Membership Change will go into effect for you at the next renewal of your Membership (provided that we may impose Membership Changes sooner upon written notice to you in cases where required by a restaurant or in other extraordinary circumstances). In addition, if Spacious determines, in its sole discretion, that you have abused your rights as a Member of our community, or acted in bad faith in any way, including, without limitation, by failing to make payments, canceling automatic charges, failing to pay for Day Passes, failing to comply with our Rules of Conduct (as defined below), or otherwise engaged in behavior that Spacious deems inappropriate, Spacious reserves the right to revoke your membership without liability to you.
- Automatic Renewals; Automatic Charges to Your Credit Card; Cancellation Policy
- Automatic Renewals. The initial term of your Membership will be for the number of months indicated on the Membership Page for the Membership type that you purchase. Such number of months is your “Membership Period.” At the end of the initial Membership Period and each subsequent renewal Membership Period, your Membership will automatically renew for another Membership Period unless (1) you cancel your Membership in accordance with our Cancellation Policy (described below) or (2) we elect not to renew your Membership in our sole discretion.
- Automatic Charges to Your Credit Card. By purchasing a Membership and providing your Billing Information, you authorize Spacious to automatically charge our then-current Membership fees to your credit card at the beginning of the initial Membership Period and each subsequent Membership Period. Your credit card will continue to be automatically charged our Membership fees at the beginning of every Membership Period until you cancel your Membership in accordance with our Cancellation Policy described below.
- Cancellation Policy. You may cancel your Membership at any time by logging into your Spacious account and following the instructions to cancel your Membership, or by emailing Spacious at firstname.lastname@example.org. Once you cancel your Membership, we will not make any further automatic charges to your credit card.
- In certain cases, if you contact us within 24 hours of your membership charge processing, we may provide you with a credit to your Spacious account, or a refund minus a processing fee.
- After 72 hours, we may offer a Spacious credit that can be used towards a future Spacious membership purchase. After 72 hours, we cannot guarantee a reimbursement in any form for the charge.
- We do not typically offer any refunds or credits if you cancel your Membership any time after 72 hours after an automatic charge to your credit card is made.
- Rules of Conduct. You agree to follow our House Rules and any applicable Restaurant Rules (each, as defined below) when you use the Services, whether under a Day Pass or a Membership. All of these rules (the “Rules of Conduct”) are incorporated into, and made a part of, this Agreement by reference. In addition, you agree to comply with all applicable federal, state, and local laws, rules, and regulations in connection with your use of the Services. If you fail to follow any of the Rules of Conduct or engage in any illegal use of the Services, we may deny you access to any of our restaurant workspaces and/or to cancel any Day Pass or paid Membership.
- House Rules. Our House Rules (the “House Rules”) generally apply to all of Services. Please be sure to read them. We may make changes to the House Rules from time to time by posting the changes on our Site, so please check the House Rules periodically.
- Restaurant Rules. Each of our participating restaurants may have its own set of rules or codes of conduct that apply when you visit their location (“Restaurant Rules”). Any Restaurant Rules will be posted at the applicable restaurant or made available to you when you visit that restaurant.
- Disclaimers; Liability
- Disclaimers. THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN ADDITION, WE SPECIFICALLY DISCLAIM ANY WARRANTIES RELATED TO THE SECURITY OF OUR WIFI NETWORKS WHICH WE MAKE AVAILABLE IN CONNECTION WITH OUR SERVICES. YOUR USE OF OUR WIFI IS AT YOUR OWN RISK. TO THE EXTENT THAT SPACIOUS MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW.
- Liability. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE AND OUR LICENSORS SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM YOUR USE, OR INABILITY TO ACCESS OR USE, THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICES SHALL BE LIMITED TO FIFTY UNITED STATES DOLLARS (US $50).
- NOTHING IN THIS MEMBERSHIP AGREEMENT SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.
- Indemnification. You agree to defend, indemnify, and hold Spacious, our affiliates, and our and their respective shareholders, officers, directors, employees, agents, successors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal fees, arising or resulting from: (i) your breach of this Agreement or (ii) your negligence or willful misconduct in using the Services (including any claims of property damages or personal injury). We will provide notice to you of any such claim, suit, or proceeding and will assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right to assume the exclusive defense and control (at your expense) of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
- Termination. We may, in our sole discretion, change, suspend or terminate all or any part of our Services, or terminate this Agreement, your Membership, and your access to all or any part of the Services, at any time, without prior notice or liability, if you breach this Agreement, if one of our restaurants withdraws participation in our Services, if we are unable to continue to offer the Services, in whole or in part, for reasons beyond our control, or for any other reason in our good faith discretion. Sections 4 – 8 will survive any expiration or termination of this Agreement.
- Changes to this Agreement. We may change this Agreement from time to time. Any such changes will be posted on the Site. If you already have a Membership when a change to this Agreement is made, the change will go into effect for you at the next renewal of your Membership (provided that we may impose changes to this Agreement sooner upon written notice to you in cases where required by a restaurant or in other extraordinary circumstances). Please refer back to this Agreement on a regular basis.
- This Agreement and any action related thereto will be governed by the laws of the State of New York without regard to its conflict of laws provisions. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York, Borough of Manhattan for purposes of any dispute.
- Our failure to act on or enforce any provision of the Agreement will not be construed as a waiver of that provision or any other provision in this Agreement. No waiver will be effective against us unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and will not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
Last Updated: May 13th, 2019