Fabbit Global

fabbit Global Gateway "San Francisco" Co-Working Space Terms of Use

Article 1. (Purpose)

Apaman U.S.A., Corp., a Delaware corporation (the “Company”) operates the “fabbit” co-working space located at 88 Kearny Street, Suite 2100, San Francisco, CA 94108 (the “Premises”).  These Co-Working Space Terms of Use (“Terms of Use”) are part of the fabbit Membership Terms and Conditions and outlines the Company’s expectations with respect to each Member’s receipt of the Services and use of the Workspace and Premises.  Member accepts and agrees to comply with the terms and conditions contained herein in connection with Member’s receipt of the Services and use of the Workspace and Premises.  All capitalized terms used but not defined herein shall have the respective meanings given to them in the fabbit Membership Terms and Conditions.  The Company reserves the right, in its sole discretion, to change or replace the Terms of Use at any time.

Article 2. (Acceptable Use)

Members shall use the Workspace for lawful business purposes only as further described in Article 8 below.

Article 3. (Members)

(a)   The Workspace and Premises may only be used by Members, unless otherwise set forth in these Terms of Use or as may be approved by the Company in writing from time to time.

(b)  Members who have selected “Coworking Membership,” “Dedicated Desk Membership,” “Private Office Membership” or “Virtual Office Membership” may access the Premises and use the Workspace during the following days and hours, subject to the terms and conditions described in the fabbit Membership Terms and Conditions (including Article 13 Office Closures):

Membership TypeDays/Hours of Use
Private Office MembershipAll Days of the Week: 12:00 a.m. – 11:59 p.m.
Dedicated Desk MembershipAll Days of the Week: 12:00 a.m. – 11:59 p.m.
Coworking Membership (full-time)All Days of the Week: 12:00 a.m. – 11:59 p.m.
Coworking Membership (part-time)Regular Business Days Only: 9:00 a.m. – 6:00 p.m., Up to 5 times a month
Virtual Office Membership1 Regular Business Day per Month, 9:00 a.m. – 6:00 p.m.
Day Pass1 Regular Business Day Only, 9:00 a.m. – 6:00 p.m.

Article 4. (Guest Policy)

(a)  Member may invite up to three guests or visitors at one time during Regular Business Hours on Regular Business Days, but all guests and visitors must sign in with the Company when entering the Premises. Such guests shall not remain on the Premises for more than two hours, unless they are attending an event that has been reserved for a duration longer than two hours.  Guests or visitors must be accompanied by Member at all times while on the Premises, and by bringing guests or visitors to the Premises, Member agrees to take legal responsibility for such guests and their actions while they are on the Premises. Notwithstanding the foregoing, the Company reserves its right to deny access to the Premises or Services to any guest or visitor for any reason.

(b)  If the guest or visitor will remain on the Premises beyond two hours, the guest or visitor will be required to pay the equivalent of a one day pass.

Article 5 (Entering and Exiting the Premises)

Member shall enter and exit the Premises at the designated points of entry and exit using Member’s assigned Access Card.

Article 6 (Services)

In addition to the Services described in the fabbit Membership Terms and Conditions, the Company shall provide the following services to Members and their guests, subject to availability (the following services and the Services described in the fabbit Membership Terms and Conditions shall collectively be referred to as “Services”).  The Company may change the Services from time to time in its sole discretion. 

 

Free of charge

·         Use of Wi-Fi

·         Free drinks (e.g. water, tea, coffee)

·         Opportunity to meet with other Members

Services requiring additional charges

·         Reasonable access to and use of Conference Rooms during Regular Business Hours on Regular Business Days, subject to availability, Member’s prior reservation of such conference rooms and applicable policies as may be in effect from time to time.

·         Locker rental

·         Reasonable access to and use of printer, copier, and/or scanners made available in the Premises

·         Acceptance of mail and deliveries on behalf of Member

·         Use of available space for events, subject to Member’s prior reservation and applicable policies as may be in effect from time to time.

*For Business Address Registration Services, please refer to Article 9 below.

Article 7 (Rules and Regulations of Use)

Member agrees to comply with the following rules and regulations of use and shall be responsible for ensuring that all of Member’s guests and invitees to comply with the same.

(a)     Member shall comply with all applicable laws, statutes, ordinances, regulations, and rules with respect to Member’s use of the Workplace and Premises. 

(b)    Member shall not use the Services, including the Workspace and Premises, for any unlawful purpose or to conduct or pursue any illegal, unlawful, or prohibited business or activities or any other activity that is generally regarded as offensive.

(c)     Member shall not use the Services, including the Workspace and Premises, for manufacturing or storage of merchandise except as such storage may be incidental to general office purposes.

(d)    Member shall not use the Services, including the Workspace and Premises, for the growth, manufacture,  processing, storage, sale, distribution, gift, or use of liquor, narcotics, marijuana, cannabis, cannabis-containing substances, or tobacco in any form.

(e)     Member shall not use the Services, including the Workspace and Premises, for lodging or sleeping.

(f)     Member shall not use the Services in any manner that could damage, disable, overburden, or impair any Company server, network, or broadband connection.

(g)    Member shall not use the Services in any manner that could interfere with any other party’s use and enjoyment of the Services.

(h)     Member shall treat other Members with respect and shall not engage in any harassing, defamatory, obscene, indecent, or threatening conduct.

(i)      Member shall not perform any activity in the Workspace or the Premises that is reasonably likely to be disruptive or dangerous to the Company, other Members, or the employees, guests, or property of the Company or other Members.

(j)      Member shall not attach or affix any items to the walls or windows or make alterations or additions to the Workspace or Premises, or install antennas or telecommunication lines or devices in the Workspace or the Premises or bring any additional furniture into the Workspace or the Premises, in each case without the Company’s prior written consent.

(k)     Member shall not misrepresent Member’s self to the fabbit community, either in person or on the Company’s Member Network.

(l)      Member shall not take, copy or use any information or intellectual property belonging to other Members or guests, including without limitation, personal names, likenesses, voices, business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property, or modified or altered versions of the same.  This provision will survive termination of the Agreement.

(m)   Member shall not take, copy or use for any purpose the name “fabbit” or any of the Company’s or its affiliates’ other business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property or modified or altered versions of the same, or take, copy or use for any purpose any pictures or illustrations of any portion of the Premises, without the Company’s prior consent.  This provision will survive termination of this Agreement;

(n)     Member shall not use the Workspace in a retail, medical, or other nature involving frequent visits by members of the public.

(o)    Carts, dollies, and other freight items which may be made available may not be used in the passenger elevator except with the Company’s prior consent.

(p)    The Company may disclose information about Member or Member Employees as necessary to satisfy any applicable law, rule, regulation, legal process, or government request or as the Company otherwise deems reasonably necessary for the protection of the Company or other Members.

(q)    Member, including any Member Employees, shall abide by other policies and standards as determined by the Company and communicated to Member, including by email, all of which the Company may add, delete or amend the policies and standards at the Company’s reasonable discretion and with notice to Member, provided that such policies or standards or additions will similarly apply to all other Members in the Premises receiving similar Services.

(r)     Common spaces in the Premises are to be enjoyed by all Members and guests unless otherwise instructed by the Company and are for temporary use and not as a place for continuous, everyday work.

(s)     Member shall not bring any animal on the Premises without the prior written consent of the Company.

(t)     Member shall not bring any hazardous or dangerous items to the Premises, including without limitation, firearms, explosives, weapons, chemical substances, etc., that may be harmful to the person or environment.

(u)    Member shall not remove or damage any Equipment, fixture, furniture, decoration, or other property that does not belong to Member from the Premises.

(v)    Smoking of tobacco products, including electronic smoking devices, in the Premises by Members and non-Members is prohibited.

(w)   Member shall keep the noise level at the Workspace to a level so as not to interfere with or disrupt other Members.

(x)    Member shall refrain from soliciting other Members for any business or other purpose.

(y)    As a general rule, alcohol is prohibited in the Premises.  However, if a special event is being held within the Premises, Member may consult with the Company to discuss the possibility of providing alcohol at such event.

(z)    In the event of a disaster such as an earthquake or fire, Members shall follow evacuation instructions provided by the Company or the landlord.

(aa)  Member shall report any unsafe conditions or equipment immediately.

(bb)  Member shall report any and all potential hazards immediately.

(cc)   Member shall report all injuries and illnesses promptly.

(dd)  Member shall not run, play pranks, or engage in similar activities on the Premises.

(ee)   Member shall maintain safe housekeeping practices—work areas and walkways must be kept clear.

(ff)    Member shall clear any spillage or breakage immediately.

(gg)   Member may not be able to use coworking desks when events are held in the Premises. 

The Company shall have no responsibility to Member for the violation or non-performance by any other Member of any of the Rules and Regulations contained herein, but the Company shall use reasonable efforts to uniformly enforce all such Rules and Regulations.

Article 8 (Internet Access, Data Connection, and IT Systems)

As part of the Services, the Company will authorize Members to access and use the Company’s Internet connection and the Company’s Member Network.  By using or accessing such services, Member agrees as follows:

(a)  Member acknowledges that Member has no expectation of privacy with respect to the Company’s Internet connection, networks, telecommunications systems or information processing systems (including any stored computer files, email messages and voice messages), and Member’s activity and any files or messages on or using any of those systems may be monitored at any time without notice, including for security reasons and to ensure compliance with the Company’s policies, regardless of whether such activity occurs on equipment owned by Member or the Company.

(b)  Member shall not attempt to gain unauthorized access to any Services or to any files, accounts, computer systems, servers, or networks of the Company or of any other party in the Premises.

(c)  Member shall not upload any files that contain viruses, spyware, malware, etc. or anything else designed to interfere with or disrupt normal operations.

(d)  The Company may suspend or terminate Member’s access to the Company’s Internet connection and the Company’s Member Network at any time or for any reason, including Member’s violation of the Agreement or to otherwise to protect the Company and other Members.

(e)  The Company is not responsible for any interruptions or performance issues with the Internet connection or with the underlying network(s), transmission equipment, or systems.

(f)   Member is solely responsible for the devices, software, or other materials necessary for use of the connection, and for implementing and configuring any security measures as Member may deem appropriate.

(g)  Member is not permitted to send, forward, access, upload, download, save, store, display, or print any offensive material (including any text, images, sound, videos, games, executable files, e-mails, or attachments).  Offensive material includes anything that may reasonably be considered to be offensive or hostile and specifically includes anything fraudulent, harassing, illegal, sexually explicit, obscene, intimidating, defamatory, or disparaging.  Disparaging material includes anything that disparages others based on race, national origin, ancestry, gender, gender identity, sex, sexual orientation, age, disability, genetic information, religious beliefs, or political beliefs.

(h) The Internet connection and Member Network shall be provided on an “AS IS”, “AS AVAILABLE” basis

Article 9 (Technology Release)

In order to utilize all the functionalities offered by the Company, it may be necessary to install software onto a Member’s computer, tablet, mobile device, or other electronic equipment. In addition, from time to time, at a Member’s request, the Company or an affiliate, or the Company’s or its agent or service provider, may help troubleshoot problems a Member may have in trying to access certain functionalities, such as printing or accessing the Internet. Regarding the foregoing, Member agrees that the Company and its affiliates (i) are not responsible for any damage to any Member’s computer, tablet, mobile device or other electronic equipment, or otherwise to Member’s systems, related to such technical support or downloading and installation of any software; (ii) do not assume any liability or warranty in the event that any manufacturer warranties are voided; and (iii) do not offer any verbal or written warranty, either expressed or implied, regarding the success of any technical support

Article 10 (Company Equipment)

As part of the Services, the Company may allow Members to access and use various equipment in the Premises, including but not limited to, desks, tables, chairs, printers, copiers, scanners, etc. as well as coffee makers, refrigerator, etc. (collectively, “Equipment”).  Member agrees that it shall not alter any of the Company’s Equipment.  Member shall be liable for any damage caused by Member or Member’s guests or invitees. Further, Member shall not install any cabling, IT, telecommunication connections, etc. without the Company’s prior written consent, which the Company may withhold at its sole discretion.

Article 11 (Security)

For security purposes, the Company may regularly record via video and/or audio in certain appropriated designated and labelled areas of the Premises. If the Company deems it reasonably necessary, the Company may disclose information about Members to satisfy applicable law, rule, regulation, legal process or government request, or to protect the Company, other Members, or other individuals, or any of the Company’s or their property.  It is Member’s obligation to notify Member’s guests or invitees about this policy.

Article 12 (Confidentiality)

In connection with the receipt of the Services, Member acknowledges and agrees that Member may be exposed to “Confidential Information.” The term “Confidential Information” means any non-public information that the Company, or another Member discloses, whether in writing, electronically, or orally, whether in tangible or intangible form, to Member.  Member agrees that it will: (a) hold the Confidential Information in the strictest confidence and will not copy or disclose to any third party any portion of the Confidential Information except as may be expressly permitted by the party disclosing such Confidential Information; and (b) not use Confidential Information in any way directly or indirectly detrimental to the Company or another Member.

Article 13 (Day Pass Users)

Individuals who have been previously vetted by the Company may purchase one-day passes (currently, each, $29.00 per day (excluding tax)) to access the Premises and to receive Services set forth in Article 6 above (“Day Pass Users) during Regular Business Hours on Regular Business Days.  Day Pass Users must comply with the terms and conditions set forth in Article 7 above and all other applicable terms and conditions and policies in effect.  Day Pass Users must check in with the Company at the reception desk when entering and exiting the Premises.  If an individual who has not been previously been vetted by the Company is interested in becoming a Day Pass User, they shall discuss with a member of the Company.

Article 14 (Mail and Package Receipt Service)

(a)   If a Member desires to use the address of the Premises as Member’s business address and indicate the same on Member’s business cards, website, letterhead, etc., Member must request, and pay for, the Company’s additional mail and package receipt services (“Mail Services”).  Upon the expiration or termination of the Agreement or upon the earlier request from the Company to cease using the address of the Premises, Member agrees to remove all indications of the Premises’ address from Member’s business cards, website, letterhead, etc., so that the Premises’ address is no longer associated with Member.

(b)  Monthly fee for Mail Services shall be determined and assessed by the Company from time to time.

(c)  In connection with the Mail Services, and to the extent allowed by applicable California statutes and U.S. Postal Service regulations, the Company agrees to temporarily accept mail and packages addressed to Member on behalf of Member and store it at the Premises for up to 1 month from the date of receipt.  If mail or packages are left unclaimed for more than 1 month, the Company shall return the same to sender or dispose of them in its sole discretion without further notice to Member.

(d)  The Company will accept only mail or packages addressed to Member who has requested and is paying for the Mail Services.  The Company will return all mail and packages that are addressed to Members who have not requested, or have not paid, for Mail Services; non-Members; Day Pass Users; and former Members.

(e)  The Company will not accept the following types of mail or packages:

a.     Cash

b.    Certified mail requiring signature of a return receipt

c.     Service of process

d.    Mail that requires payment on delivery

e.     Mail with insufficient postage

f.     Living things

g.    Hazardous materials or weapons

h.     Mail requiring signature of Member or the recipient

i.      Bulk or oversized mail or packages

j.      Other mail and packages the Company deems it should not accept.

(f)   The Company shall not be liable for any loss or theft of any mail or package received on behalf of Member.

(g)  If the Company receives mail at the Premises and it is unclear to whom the mail is addressed, Members agrees and authorizes the Company to open such mail without liability.

(h) Upon the expiration or termination of the Agreement, any mail or package addressed to a former Member and received by the Company shall be returned to sender.

Article 15 (Use as Premises as Business Address)

(a)  If a Member desires to use the address of the Premises as the Member’s business address for certain business purposes (i.e. address to be registered with the Office of the Secretary of State), Member must request, and pay for, the Company’s additional business address services (“Business Address Services”).  In order to receive Business Address Services, Member must undergo the Company’s separate application process for such services and Member may register the address of the Premises for business registration purposes only after receiving approval from the Company.  Business Address Services do not include use of the address of the Premises or the Company for “registered agent” purposes, and the Company does not provide such services.

(b) Monthly fee for Business Address Services shall be determined by the Company from time to time.

Article 16 (Workspace Moves)

(a)  Members who have a private office membership or dedicated desk membership agree that the Company may from time to time change or move the location of their designated office or dedicated desk if the Company deems it necessary such as when holding an event.  The Company will provide advanced notice to Member when possible.

(b) When moving Member’s private office or dedicated desk, if Member has installed equipment, etc., Member agrees to promptly move such equipment at the direction of the Company.

Article 17 (Governing Law)

This Terms of Use and the rights and obligations of the Parties hereto shall be governed, construed, and enforced in accordance with the laws of the State of California, without regard to its choice of law principles.

Article 18 (Dispute Resolution)

The Parties agree that any litigation arising under or in any way directly or indirectly relating to this Agreement must be brought before and determined by a Court of competent jurisdiction in San Francisco County, California or in the United States District Court for the Northern District of California.  The Parties hereby specifically waive the right to contest the personal jurisdiction and venue of the courts of San Francisco County, California or the United States District Court for the Northern District of California.  If any legal action is required to enforce the terms of this Agreement, the prevailing Party shall be entitled to the reasonable costs of enforcement, including attorneys’ fees.

Effective as of November 1, 2020