Services Agreement

This Hotdesk Services Agreement (“Agreement”) is an Agreement between Hotdesk and the person(s) that are registered with Hotdesk, both Users and Hosts as defined above. This Agreement describes the terms and conditions that apply to your use of the Hotdesk platform/marketplace either for general use, to view and/or book as a User, or to list Workspaces and Listings or other Workspace Services as a Host through our Platform, and governs your workspace for other users; and establishes the obligations owed between you and Hotdesk, and between you and other users. Throughout this Agreement, the term “Service” means the service allowing you to book workspaces or offer your workspace and workspace services to others through our Platform. The term Service does not include any services provided by third parties outside of Hotdesk. This Agreement is organized into 5 sections:

Section 1 General Terms includes general terms describing your Account including creating an account, accepting or making payments, and describing how we communicate with you.

Section 2 Marketplace and Service describes how you may and may not use the Marketplace and Service, and also describes how we use any data.

Section 3 Hotdesk Services establishes the obligations of workspaces, including how to List a workspace and what is expected of any workspace Listed through the Service; and customers, including Booking a workspace, expected behavior, the obligations of responsibility for payment of Fees, and Booking other services.

Section 4 Termination, Disputes, and Binding Arbitration describes termination or suspension of this Agreement or your Account, and the process of resolving any disputes. This section contains waivers of both class actions and jury trials, and an agreement to submit all claims and disputes to binding arbitration. Please read this section carefully before accepting this Agreement –you may not use the Marketplace or Services if you do not agree to this section.

Section 5 Additional Legal Terms provides additional legal terms including our ability to update this Agreement, disclaimers and limitations on our liability, and some specific terms for users outside of the United States. It also includes other documents governing your use of the Services including our Community Guidelines, Fees, Privacy Policy, and Cancellation and Refund Policy.

If you have questions about this Agreement, please contact us at [email protected]

Your use of the Marketplace or Services constitutes your ongoing acceptance of this Agreement, as amended.

Section 1 General Terms

1.1. Services
Hotdesk provides you access to Services through the Marketplace and it’s software suite. You may access these services through our websites or apps. You may use the Service find and book workspaces as a User, communicate with other users and Hosts, and access your Account, list Workspace and Listings as a Host and manage your bookings
You may also be permitted to book “Workspace Services'' through third-party service providers or through the workspace, which may require you to agree to additional terms or conditions. These workspace Services may include professional services and/or hospitality services such as food and beverage, or any other services that can take place at the Workspaces and/or Listings. These however are not provided or governed by Hotdesk and subject to Host’s rules and approval.
We are continuously improving our Service for all Users and Hosts and reserve the right to make changes at any time. Changes we make to the Marketplace or Service, including discontinuing certain features, affect all users and Hosts and we try to minimize disruption. However, these changes may affect users differently. We are not responsible if any specific change we make to the Marketplace or Service adversely affects how you use them.

1.2. Your Account
Before booking a listing as a User or listing workspaces and listings as a Host , you must create an account with Hotdesk (“Account”) and provide us with information about yourself and/or your company. We may ask that you update your Account or provide additional or different information at any time. This includes requiring additional details or payment information when needed. Any employees, contractors, or third-parties opening a new or using an existing account (collectively, “Agents”) represent and warrant that they have authorization to act on behalf of a person or entity they claim to represent; and if such authorization is not provided by the person or entity, such Agents acknowledge personal liability for all obligations and liabilities arising from or related to use of the Account by such Agents.
You will be required to provide an email address and password to keep your Account secure (“Credentials”), and agree to keep your Credentials private and secure. You are responsible for any actions taken on your Account using your Credentials whether or not authorized or taken by Agents to List or Book a workspace or workspace Services. You are solely responsible for the actions or communications of your Agents. We are not responsible for and disclaim all liability for use of your Account by your Agents.
When creating or using your Account, you may be required to provide information about yourself or your workspace. You will only provide Content to us that you own or have authorization to provide, and ensure that Content is accurate and complete. You must keep any Content current, including your contact or payment information as a User, your location(s), price(s), image(s), amenities(s), availability, contact information, operating hours, and all other related information as a Host.
We reserve the right, but shall not be obligated, to use public and private data sources to validate the accuracy of any Content. This may include validating your identity or business information, or verifying information about workspaces, listings, or Users. You will provide us with any additional information to verify the accuracy or completeness of any Content that you provide and we have the right to condition your use of the Marketplace or Service on our ability to verify the accuracy and completeness of this Content. If you do not provide required Content to us as and when we request it, we may suspend or terminate your Account.
If you are not at least 16 years old, you may not open an Account, access the Marketplace, or use the Services. Users and Hosts (including Agents) who use the Services or the Marketplace to List or Book workspaces, Workspace Services on behalf of individuals under 16 years old, or provide access or use of workspaces by individuals under 18 years old, accept personal liability for all acts or omissions of such individuals.
You may close your account at any time by emailing us at [email protected]. You are responsible for all activity associated with your Account made before it is closed including payment of Fees, Taxes, or other Payments; providing use of workspaces to customers as previously Booked; or other liabilities caused by or resulting from use of the Marketplace or Service. You understand that we may retain content and continue to display and use any public content (including reviews of workspaces) provided to us prior to closing your Account.
We may suspend or terminate your Account as a result of breach of terms and conditions and at our sole option.

1.3 Compliance with Laws
As used in this Agreement, “Laws' ' means all applicable federal, state, local, and other governmental laws, regulations, ordinances, codes, rules, court orders, and all recorded and unrecorded private contract, restrictions, covenants and other agreements across all relevant jurisdictions. You will comply with all Laws applicable to your use of the Hotdesk Platform, Workspaces and Listings, Services, Marketplace, Workspace Services, whether as a Host or as a User. While we may provide information to help you understand certain obligations of using or listing workspaces, we are not authorized to provide and do not provide any legal advice. You are solely responsible for your compliance with Laws and may only use the Marketplace or Service in compliance with applicable Laws. If you are unsure how to comply with Laws, you should seek legal advice.

1.4 Fees and Taxes

1.4.1 Fees, Overtime.
You, as a user, are responsible for payment of fees, expenses, and other amounts related to Booking (“Fees”). Fees include amounts paid to Hotdesk, workspaces, and workspace Services and as described in our Fees Overview. Hotdesk receives Fees for providing use of the Service, and workspaces receive Fees for Bookings. The specific Fees charged are presented when you request, complete, and pay for a Booking. Please review the workspaces individually listed cancellation policy on their Listing prior to submitting a Booking request. You should email Hotdesk at [email protected] before booking if you don’t understand the Fees listed or their applicable cancellation policy. While we may facilitate the collection of Fees for workspaces and workspace Services, once remitted to workspaces, we are not responsible for the return of Fees or Deposits to customers, where applicable.

1.4.2 Taxes and Fines.
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 workspaces or workspace Services including any sales or occupancy tax, indirect taxes such as valued added tax VAT or goods and services tax GST , usage or permitting fees, duties, and other taxes imposed by municipalities, states, or governments through regulation, ordinance, law, or judicial or regulatory interpretation (collectively “Taxes”). Except as required by Law, Hotdesk will not calculate, track or pay Taxes or submit Tax reporting on your behalf. You are responsible for all Taxes owed for Booking or Listing a workspace, or providing or using workspace Services including, without limitation, accurate calculation of Taxes due, timely remittance of Taxes to the appropriate taxing authority and maintenance of any required records and accounts. If any taxing authority demands that we pay such Taxes on your behalf, you are immediately liable to us for such Taxes and will reimburse or pay Hotdesk for such Taxes upon demand. You are also responsible for any penalties arising from your failing to comply with this Agreement including those issued by regulatory or taxing authorities, law enforcement, fire code or safety agencies, or other third parties; or that may be issued by us for losses we or users incur that are based on your failing to comply with this Agreement or misuse of the Marketplace, Services, workspace, or workspace Services (collectively, “Fines”). You understand and agree that Hotdesk does not provide you with any advice or guidance of any kind or nature regarding Taxes and that you have been advised to consult with your tax advisor for any required advice or guidance regarding Taxes.

1.4.3 Payment.
You will timely and fully pay any Fees, Taxes, or other amounts you owe under this Agreement. If you owe amounts and we are unable to receive payment through the Marketplace for any reason, then we may require that you pay through other means (such as direct debit). We may set-off any amounts owed to us through collection of funds that would otherwise be payable to you through the Marketplace. You are responsible for any costs or expenses associated with our recovering Fees, Taxes, or Fines owed, including our attorneys’ fees or expenses.

1.5 Receiving Payment
Acceptance and payment of funds between users or Hotdesk on the Marketplace (“Payment Processing”) is provided by Stripe. Your use of Payment Processing is subject to Stripe’s Terms and Conditions Stripe Connected Account Agreement that includes the Stripe Services Agreement as may be modified by Stripe from time to time (collectively, the “Stripe Agreement”). As a condition using Payment Processing, you must provide accurate and complete information about you and your business and you authorize us to share this information to Stripe. All bank and credit card information is sent directly to and stored with Stripe using their security protocols. Hotdesk does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. Your use of Payment Processing is conditioned upon your compliance with the Stripe Agreement, and if the Stripe Agreement is terminated by Stripe you may not be able to use the Marketplace, or have your Account suspended or terminated. We may change or add other payment processing services at any time upon notice to you, which may be subject to additional terms or conditions.

1.6 Communication and Notices
We may communicate with you and provide you information or notices regarding your Account or transactions primarily through email and through messaging on the Marketplace. We may additionally contact the Host phone if there has been no response. You will promptly respond to any communications you receive and understand that failure to do so may impact your ability to Book and/or List Workspaces and Listings, or use the Marketplace or Services. We may send you notices primarily through the email address, and additionally to the physical address included in your Account, on your phone number and through messaging on the Marketplace. You may send any notices to us at [email protected]. You agree that any email notice from us is considered accepted by you one day after such notice was sent and will have the same legal effect as if it were physically delivered to you. You agree to receive any communications from us and transact with us electronically. This acceptance of emails or other electronic messages constitutes your consent and your electronic signature has the same legal effect as physically signing a document. You may withdraw this consent to transact electronically at any point by providing notice to us. However, given that electronic communication is integral to the Marketplace and the Services, following any such notice we may elect to close your Account. If you have problems communicating and receiving messages, please first please contact us at [email protected].

1.7 Communication with Other Users
The Marketplace can allow you to communicate with other users without disclosing sensitive personal contact information. It is your responsibility to use good judgment in the information you provide to other users. You may use the Marketplace only to List or Book workspaces or workspace Services, communicate with us or other users, resolve disputes, or use other functionality we provide to you through the Marketplace. You may not use the Marketplace to send messages that are (i) is defamatory, obscene, profane, or pornographic; (ii) is abusive, harassing, or disrespectful of other users; (iii) violates applicable Laws, including those prohibiting discrimination, false advertising, privacy, or unlawful marketing; (iv) is intended to deceive or mislead, is false or inaccurate, or misrepresents the nature or condition of a workspace and the service; (v) contains marketing or promotional content unrelated to the details of a workspace; or (vi) includes sensitive personal information, including payment, contact information, or personal account details.
We strongly recommend that you communicate with other users through Hotdesk. If you use other means of communication you understand that you may be putting your personal contact information at risk of misuse. You also understand that any communications made outside of the Marketplace may impair your ability to recover all or some amounts owed to you in the event of a dispute between you and another user.
We are not responsible for, and disclaim all liability resulting from, any losses or harm to you resulting from sharing personal or sensitive information with other users, or communicating or engaging with users outside of the Marketplace.
Hotdesk, at its sole option and without notice or any obligation to do so, may from time to time (i) remove communications among users which contain or share personal contact information, or (ii) suspend or terminate the accounts of users that share personal contact information or do not abide by the communication guidelines.

Section 2 Marketplace and Service

2.1 Ownership, License, Restrictions
Hotdesk owns all rights, title, and interest in the Marketplace, Services, and all intellectual property embodied or contained in them (individually and collectively, “IP”). IP includes all registered or potential patents, copyrights, trademarks, trade secrets, and other proprietary rights. Through your Account, we grant you a limited, temporary, revocable, non-transferable, non-exclusive license to use the Marketplace and Service for the purposes described in this Agreement and only as provided to you through the Marketplace. This license does not constitute a transfer of ownership or grant you any additional rights to use the IP. We may suspend or close your Account and pursue legal action against you if we believe or determine that your use of the Marketplace, Service, or IP exceeds the scope of this grant; or that you are attempting to hack or disrupt the use of the Marketplace, Service, or IP by others; or that you are otherwise interfering with the normal operation of the Marketplace or Service.

2.2. Community Guidelines
We have established Community Guidelines that set our expectations for all users on the Marketplace. You will review and abide by the Community Guidelines whenever using the Marketplace or Services, communicating with other users, or using or providing use of workspaces. If you believe that another user is violating the Community Guidelines, please email us at [email protected]. Hotdesk shall have no duty to monitor users’ compliance with or to enforce the Community Guidelines and shall have no liability for any user’s violation of the Community Guidelines.

2.3 Content

2.3.1 Posting Content.You represent and warrant that you are authorized to provide Content to the Marketplace and that any Content you provide does not violate the proprietary or privacy rights of a third party. You may not provide any Content that is copyrighted by third parties without their express permission. You grant Hotdesk a fully- paid, worldwide, non-exclusive, perpetual license to use, copy, transmit, distribute, modify, publicly display, and sublicense any Content you provide to us or generated by us on the workspace. This grant includes our ability to use any Content for both internal use (such as analysis to improve the Marketplace or Services) or external use (such as in offline and online marketing advertising on direct and social media platforms). If you cannot provide us with the above grant then you may not provide Content to us. You agree to indemnify, defend and hold us harmless for any damages or losses based on third-party claims that Content violates proprietary or privacy rights.

2.3.2 Restrictions on Certain Content.You may never post any Content that (i) is defamatory, obscene, profane, or pornographic; (ii) is abusive, harassing, or disrespectful 9 of other users; (iii) violates applicable Laws, including those prohibiting discrimination, false advertising, privacy, or unlawful marketing; (iv) is intended to deceive or mislead, is false or inaccurate, or misrepresents the nature or condition of a workspace and the service; (v) contains marketing or promotional content unrelated to the details of a workspace; or (vi) includes sensitive personal information, including payment, contact information, or personal account details.

2.3.3 DMCA Notices.
If you believe that any Content posted violates your copyright or the guidelines outlined in this document, please notify us at [email protected]. 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. 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. We will remove any content we determine to be infringing consistent with our obligations under the Digital Millennium Copyright Act DMCA .

2.4 Privacy and Data Usage
Our Privacy Policy describes our collection, use, storage, and sharing personal information. This includes personal information included in Content and information collected through use of the Marketplace.
We may anonymize, pseudonymize, or aggregate any information, including personal information or Content, and use this information for any purpose including improvement of the Marketplace or Services, or creating or distributing public marketing collateral.

Section 3 Hotdesk Services

3.1. Listing Workspaces and Listings - This section applies to Hosts and relevant Agents and/or Third Parties

3.1.1. Workspaces and Listings.When you list a workspace and/or a listing, you must provide accurate and updated details including a description, the list of amenities, operating hours, location, prices for each room/area/desk/listing for every plan you offer (hourly, daily, monthly and annual), current pictures, documents, identification and deposits needed to access the space (if any) and other details about its potential uses and condition (collectively, “Description”). While it is important to communicate the benefits of your workspace, the Description must be accurate and give potential customers a reasonably good understanding of how they may use the workspace and/or listing for their Booking. Descriptions may not include any additional contractual obligations or alter customers' legal liabilities from those described in this Agreement. In cases where the Hotdesk team assists the host in adding the workspace and listings, the Host is still responsible for the accuracy of information displayed and should point out any discrepancy if present.

3.1.2 Booking Requests.As users place a booking request through Hotdesk, the Host will be provided details including the name of the customer, the listing requested and the duration of the booking. For every listing and plan, there is an expiry date for the request which after Host will be unable to respond. It is the responsibility of the Host to respond before the expiry time of the request through the email or the app. If the Host for any reason is facing difficulty to respond through the provided channels, the host shall inform the Hotdesk team [email protected].

3.1.3 Cancellation
i. Host Cancelation: Once the host accepts the request, the host is liable to provide the user with the exact listing he/she booked through the App. If there is an emergency that prevents the workspace from fulfilling the booking with the listing booked, the workspace has to inform Hotdesk immediately and is liable to refund the booking fees to the user and to pay Hotdesk the agreed upon commission.
ii. User Cancellation / Late Show / No Show: The user has the right to cancel a booking within the cancellation period of the listing. Hotdesk is not liable to pay the workspace any fees if the user cancels within this period. If the user cancels afterwards or does not show to the booking, there are two scenarios:
a. If Hotdesk received online payment for this booking, the booking fees will be transferred to the workspace. The only exception to this would be that the customer has had an emergency and both Hotdesk and the Host agrees on waiving the booking fees.
b. If the customer were to pay at host, Hotdesk will not transfer the booking fees and the customer will be blocked from placing future bookings till the matter is further investigated.
The host is liable to inform Hotdesk if the customer doesn’t show to the booking within 24 hours ofthe start time of the booking. Any false claim by the Host of a customer not showing to the booking will result in immediate termination of this contract and removal of the workspace and the listings from the Hotdesk platforms.

3.1.4 Transacting with customers/users. All workspaces and listings must comply with our Community Guidelines when Listing a workspace, providing a Description, offering the service to and in transacting with customers. You are responsible for providing the users access to workspace on the time of the booking and maintaining the workspace and Workspace Services so that customers may reasonably use them as provided in the Description and Booking. Workspaces must be in good working order and provided to customers in a safe, clean and usable condition as described and displayed in the listings and workspace photos, and all the amenities listed should be provided to the user. The user shall be provided with the exact listing he booked through Hotdesk. If there are any issues that arise

3.1.5 Conduct and Fees.As a workspace, you are solely responsible for ensuring that workspace complies with all applicable Laws including any local ordinances related to the condition, licensure, or registration workspaces for use by customers, and payment of Taxes. We may condition your continued use of the Marketplace and Services on your providing proof, to our reasonable satisfaction, of your compliance with Laws at any time.

3.1.6 Hotdesk Commission: Hotdesk charges Hosts a standard commission on successful user bookings made through Hotdesk’s Platform and any following bookings the user does on the day of the booking. This commission is applied on the full booking value exclusive of VAT and any stripe or online payment fees that are to be covered by the Host. Stripe payments details can be found in this link1. The commission is set to 10% for coworking spaces, serviced offices and business centres, and 15% for shared offices (i.e. businesses that do not have a primary activity of renting workspaces and/or listings, but rather sharing additional unused space on the Hotdesk Platform. This commission is standard, and would not change unless agreed otherwise in writing between the Host and Hotdesk. Hotdesk maintains the right to change its commission structure with prior notice given to workspace. Change would be applicable to any booking made after the date of change.

3.1.7 Commission Collection: commissions owed to Hotdesk are collected via multiple options depending on the type of payment:

a. Online
i. Online Payment to a Stripe Connect Account: if the Host is within a country which Stripe includes within the Stripe Connect Platform, and given the Host has connected their bank account on Stripe Connect, the net amount (i.e. total booking value after deducting the Hotdesk commission) will automatically fall into the Host’s designated bank account.
Ensure when you visit the stripe website that you are directed to the country of operation.
ii. Online Payment to a non-stripe connect account, and/or Hotdesk Wallet or subscription payments: for payments made online without stripe connect that are received directly on Hotdesk’s account, Hotdesk will transfer the net amount after deducting commission to the Hosts bank account and/or via other mediums of transfer as separately agreed with the Host within a maximum of 30 working days.

b.Payments made at the Workspace
If the User chooses to pay the Host directly upon reaching the Workspaces and/or Listing and the payment is made directly, the Host is responsible for facilitating and collecting the payment and delivering Hotdesk’s commission to our designated bank account as mentioned on the Platform within a maximum of 30 working days.

3.1.8 User Promotions and Incentives include promo codes and discounts offered to Users. There are 2 types of promotions and incentives detailed below along with their relevant cost coverage mechanism:

a. Hotdesk Direct Promotions and Incentives: these include User Promotions and Incentives that are offered on the Hotdesk Platform from Hotdesk to the User Directly, without prior discussion and/or agreement with the Host. In this case, Users will pay the net amount after deducting the discount, and Hotdesk will be liable to pay the discount directly to the Host within 30 working days. Kindly note that Hotdesk’s commission is computed on the total booking value in this case and not the discounted amount paid by the User.

b.Promotions and Incentives Agreed with the Host: the Host may request and/or Hotdesk may arrange with Hosts to launch a special discount with agreement from both parties, whereas the Host will cover the discount in efforts to drive more demand to their Workspaces and/or Listings. These will be covered by the Host, and the user/customer is only required to pay the net discounted amount. Hotdesk is not liable for the financial coverage of these promotions and/or incentives. In this case, Hotdesk’s commission will only be charged on the net discounted amount paid by the customer and not the total booking value.

3.1.9 “Price Match Guarantee”– Hosts that are using Hotdesk agree that the pricing for listings they have on the platform are matched with the prices they offer independently in their standalone capacity outside of Hotdesk, and are not higher than any prices used for any other marketplace and/or booking service aggregator. 3.1.10 Users’ Reviews – When a review is submitted on Hotdesk, the team will review the feedback from the user. The team can only approve or decline a review if it doesn’t abide by the guidelines in section 2.3. The team cannot edit a review. The host can provide the team with feedback on the experience but the decision of approval / declining is that of Hotdesk..

3.1.10 Users’ Reviews– When a review is submitted on Hotdesk, the team will review the feedback from the user. The team can only approve or decline a review if it doesn’t abide by the guidelines in section 2.3. The team cannot edit a review. The host can provide the team with feedback on the experience but the decision of approval / declining is that of Hotdesk..

3.2 Booking Workspaces, Listings, and Workspace Services - This section applies to Users/customers

3.2.1 Booking Requests. As a User, you should review the Workspace and Listing Description and availability to confirm they are appropriate for your Booking. You can confirm any details or address any specific questions about the workspace, listing, and/or Workspace Services, or confirm details of a Booking, to Hotdesk. Hotdesk will respond base on the information provided by the workspace.
3.2.2 Payment. Prior to requesting a booking, you will need to choose your payment method through the Marketplace. Booking Fees will be shown before you complete your Booking. You are responsible for all Fees and Taxes associated with the Booking. All Bookings are subject to the Cancellation Policy listed on each individual Listing. The host will confirm or decline a booking based on the availability in the specified timings. Each booking plan has an expiry period. If the booking expires (because the host has not responded or is declined or you cancel within the cancellation period, you will not be charged for this booking.
3.2.3 Promotions, Referrals & Loyalty. Terms and conditions will be provided on Hotdesk platforms for promotions, referral and loyalty programs . Hotdesk has the right to block a user account from booking if referral or promo abuse has been proven.
3.2.4. Bookings. When you book a workspace, you are only provided a license to use the workspace as described in the Booking Request and confirmed by the Host, subject to this Agreement and any Booking Agreement. You are required to abide by the workspace’s operating hours and the maximum capacity of the space booked. A Booking does not provide you a lease or access or use of the workspace beyond the specified time and Description. You may not release any listing you have booked through Hotdesk.
Upon the start of the booking, the workspace is liable to provide you access to the space conditional that you provide identification and any necessary documents or despoists communicated through Hotdesk (if needed). Any extension to the booking is dependent on the workspace availability.
3.2.5. Conduct and Fees. You will comply with the Community Guidelines and any Booking Agreements throughout the Booking and use the workspace or workspace Services only as permitted or agreed upon and consistent with theDescription, and assure that any attendees do the same. Any paid amenities are required to be paid to the workspace upon usage. During your Booking, you are responsible for (i) the behavior and acts of others in attendance that access the workspace, (ii) ensuring that the use does not exceed any limitations identified in the Booking, (iii) complying with applicable Laws. You are responsible for and accept all liability for any damage done to the workspace during your Booking by yourself or others in attendance whether intentional or not, for your failure to comply with applicable Laws, and for any Fines you incur. You agree the workspace and all equipment will be in substantially the same condition as provided to your or as otherwise agreed in any Booking Agreement and consistent with the Community Guidelines, and to promptly notify workspaces of any damage done to the workspace or Amenities.
3.2.6. Ratings and Reviews. You will be prompted to submit ratings and reviews for the Hotdesk platform and experience. You will need to comply with the content guidelines in section 2.3. Your feedback will be reviewed and you will be informed as it gets approved and live or declined. Reviews can be declined if they don’t abide by the content guidelines.

3.3 Required and Supplemental Insurance
(a) Required Insurance. Every user will acquire and maintain all insurance as required by Law and suitable for you or your business. You are solely responsible for understanding and evaluating what insurance is appropriate to cover damage, loss, injury, legal liability, and other harm specific to you, your business, those attending the Booking, third parties, the workspace, and deciding what coverage, limits and providers are appropriate for you.

3.4 Cancellations and Refunds
All cancellations and any refunds that may be available to you are subject to our Fees and all cancellations are subject to the Hotdesk Cancellation Policy, in addition to any individual workspace Cancellation Policy as identified on each individual Listing. Hotdesk is not liable for any fees, expenses, or liability that is not in compliance with the Cancellation Policy for a Listing.

Section 4 Termination, Disputes, and Binding Arbitration

4.1 Term, Termination, and Survival

4.1.1 Term and Termination By User. You consent to this Agreement when you first access or use the Marketplace or Services, and your continued use of the Marketplace and Services constitutes your ongoing consent to this Agreement as amended from time to time. You may terminate this Agreement by closing your Account with us, however, this will not immediately terminate any ongoing rights or obligations you or we may have. This includes any obligations to pay for Bookings, to honor any Bookings made before termination, or to pay Fees, Taxes or Fines due; or any liabilities that you incurred prior to termination.

4.1.2 Suspension or Termination by Hotdesk. We may suspend your Account--including your ability to communicate with other users or receive payments, or complete a Booking-- or terminate this Agreement and your Account at any time including, without limitation, (i) if we believe that use of your Account poses a risk to Hotdesk, you, other users, or third parties, (ii) actual or potential fraud by you or on your behalf, (iii) your failure to respond to communications from us or other users, or (iv) your failure to comply with this Agreement or applicable Law.

4.1.3 Survival. The following provisions will also survive termination of this Agreement: Sections 1.3 Compliance with Laws), 1.4 Fees and Taxes), 1.6 Communication and Notices), 1.7 Communication with Other Users), 2.1 Ownership, License, Restrictions),2.2 Content), 2.4 Privacy and Data Usage), Section 3.1 Conduct and Fees) for workspaces, Section 3.2(b) Conduct and Fees) for customers, 3.3 Required and Supplemental Insurance), 3.7 Cancellations and Refunds), 4 Termination, Disputes, and Binding Arbitration), and Section 5 Additional Legal Terms).

4.2 Binding Arbitration

This section describes how disputes or claims arising under this Agreement between you and Hotdesk or between you and another user (not resolved through the process set forth in Section 4.3 will be resolved. It includes waivers to both a jury trial and your ability to join other plaintiffs as part of a class action. Please read this section carefully before accepting this Agreement—you may not use the Marketplace or Services if you do not agree to this section.

4.2.1 Process for Arbitration.Subject to the exclusions provided in Section 4.2(b) and the process provided in Section 4.3, all disputes, claims, and controversies arising under or related to this Agreement between you and Hotdesk or between you and another user (if not resolved pursuant to Section 4.3 below) will be resolved through binding arbitration as follows:

(i) if the amount of the dispute, claim, or controversy is reasonably less than $25,000, resolution shall be administered online by FairClaims (www.fairclaims.com) or another online arbitration provider of our choosing in accordance with their applicable arbitration rules and procedures effective at the time a claim is made. You consent to receive electronic service of process at the email associated with your Account.

Where you are delinquent in responding to such a process, you will be responsible for any attorney, court, or other fees associated with the delinquency. The party filing the User Dispute will be responsible for payment of any costs associated with that filing, including costs borne by Hotdesk. As a part of the User Dispute, you may also seek to recover these costs if you prevail.

(ii) if the amount of the dispute, claim or controversy is reasonably $25,000 or more, resolution shall be before a single arbitrator and administered by DIFC or JAMS. This includes but is not limited to any statutory or common law claims relating to breach, enforcement, or interpretation of this Agreement and any Booking Agreement. Any such arbitration will take place in the county where the Booked or Listed workspace is located, unless you and Hotdesk mutually agree otherwise. The arbitrator will apply the substantive Laws of DIFC or California subject to the appropriate jurisdiction. All claims from $25,000 to $250,000 shall be subject to the DIFC and JAMS Streamlined Arbitration Rules . To initiate such an arbitration, a party will provide a written demand that states both the basis of the claim and the desired relief. Each party irrevocably and unconditionally consents to headquarters, service of process through personal service at their corporate registered address, or primary address (for individuals or sole proprietors).
Nothing in this Agreement affects the right of any party to serve in any other manner permitted by Law.

Once arbitration is initiated as provided in Subsections (i) or (ii) above, the parties will share the costs of the arbitration, facilities, and arbitration reporters (as necessary) equally except as otherwise determined by the arbitrator. Each party will be responsible for its own attorneys’ 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. The arbitrator may provide for any monetary or other remedies that are available under applicable Law but may not modify the terms of this Agreement or any Booking Agreement. The arbitrator will provide a reasoned decision addressing the specifics of the dispute. The decision is binding and not subject to appeal. The parties will act promptly to respect the decision of the arbitrator, including payment of any amounts owed or taking of any action required.

Any judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction.

4.2.2 Certain Claims Excluded. Notwithstanding Section 4.2(a), the parties agree that any claims based on ownership or misuse of the other party’s intellectual property—including patents, copyrights, or trademarks—may be brought before the DIFC court . Either party may also seek provisional remedies for injunctive relief under such claims from a court of competent jurisdiction.

4.2.3 Class Action and Jury Waiver. Each party agrees that any action or claim arising from or related to this Agreement or any Booking Agreement may only be brought on an individual basis and not part of a class action or consolidated arbitration, or join claims with other users or third parties. Further, each party expressly waives its right to a jury in arbitration and court, where permitted.
You may opt-out of this class action and jury waiver described in Section 4.2(c) by emailing us at [email protected] within 30 days of your first use of the Marketplace or Services. You must include your name, phone number, physical address, and email address in your opt-out notice. This is your only mechanism for opting out of this Section 4.2(c) and failure to do so as described constitutes your consent to this waiver. If you choose to opt out of this Section 4.2(c), please note that all other provisions in this Agreement will remain intact and in full force and effect.

4.2.4 Conflict of Rules. If any provision of this Section 4.2 is found to be invalid or unenforceable, the reviewing court or arbitrator, as applicable, will interpret or revise the provisions only as minimally necessary to comply with Law. All the other provisions will remain enforceable and intact as written.

4.3 Disputes Between Users

This section describes how disputes or claims arising under this Agreement between you and another user will be resolved. Please read this section carefully before accepting this Agreement —you may not use the Marketplace or Services if you do not agree to this section.

4.3.1 Initial User Dispute Resolution.You agree to first attempt to resolve any disputes, disagreements, or claims that you have with other users (“User Dispute”) in good faith through the Marketplace. If you are unable to resolve the User Dispute, you then will submit the User Dispute to us at [email protected]. In our sole discretion, we may (i) require that you submit additional details regarding any User Dispute, and/or (ii) hold any pending payments or reverse any payments already made to you and hold such payments pending final resolution of the User Dispute. We will review the summary and communications made on the Marketplace. We may, but are not required to, also review communications made outside of the Marketplace. Upon review and investigation, we will either (a) provide you and the other user our conclusion based on the summary provided, which you agree to accept as final and binding determination with the same force and effect as if determined through arbitration as provided in Section 4.2; or (b) require that the dispute is resolved through binding arbitration adjudicated by a third party as provided in Section 4.2(a). The party filing the User Dispute will be responsible for payment of any costs associated with that filing, including costs borne by Hotdesk. As a part of the User Dispute, you may also seek to recover these costs if you prevail. Any payments held by Hotdesk pending final resolution of a User Dispute shall be disbursed by Hotdesk as determined by Hotdesk, the arbitrator, or a court of competent jurisdiction.

4.3.2 User Disputes Under $25,000. After following the process outlined above, if the User Dispute relates to an amount reasonably less than $25,000, you agree to submit the User Dispute to binding arbitration as provided in Section 4.2(a)(i) above. 4.3.3 User Disputes of $25,000 or higher. After following the process outlined above, if the User Dispute relates to an amount reasonably $25,000 or more, you agree to submit the User Dispute to binding arbitration as provided in Section 4.2(a)(ii) above.