TERMS&CONDITIONS
Effective Date: February 5, 2025
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Openspaces Labs LLC ("Openspaces," "we," "us," or "our"), governing your access to and use of the Openspaces website, platform, and services (collectively, the "Service").
By accessing or using our Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Service.
ELIGIBILITY
You must be at least 18 years of age to use this Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
If you are using the Service on behalf of a business or other legal entity, you represent that you have the authority to bind that entity to these Terms, and "you" refers to both you individually and the entity.
ACCOUNT REGISTRATION
To access certain features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate, current, and complete.
You are solely responsible for safeguarding your account credentials and for all activities that occur under your account. You must notify us immediately at support@openspaces.design of any unauthorized use of your account or any other breach of security.
We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, false, outdated, or incomplete, or if we reasonably believe your account has been compromised.
SUBSCRIPTION & PAYMENTS
Subscription Plans: Openspaces offers both free and paid subscription tiers. Paid subscriptions ("Pro" or "Premium") provide access to additional features, content, and resources as described on our pricing page.
Billing: Paid subscriptions are billed in advance on a recurring basis (monthly or annually, depending on your selected plan). Your subscription will automatically renew at the end of each billing period unless you cancel before the renewal date.
Payment Processing: All payments are processed through Stripe, a third-party payment processor. By providing payment information, you authorize us to charge the applicable fees to your designated payment method. You agree to Stripe's terms of service.
Price Changes: We reserve the right to modify subscription pricing at any time. For existing subscribers, price changes will take effect at the start of the next billing cycle following 30 days' notice via email.
Cancellation: You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period, and you will retain access to paid features until that date. No refunds will be provided for partial billing periods.
Refunds: Except as required by applicable law, all subscription fees are non-refundable. If you believe you have been charged in error, contact us within 30 days of the charge at support@openspaces.design.
PERMITTED USE
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal or internal business purposes.
You agree NOT to:
- Copy, modify, distribute, sell, or lease any part of our Service or content
- Reverse engineer or attempt to extract the source code of our software
- Use automated systems (bots, scrapers, etc.) to access the Service
- Circumvent, disable, or interfere with security features of the Service
- Use the Service for any unlawful purpose or in violation of any applicable laws
- Impersonate any person or entity or misrepresent your affiliation
- Transmit viruses, malware, or other malicious code
- Harass, abuse, or harm other users
- Share your account credentials with others or allow multiple users on a single account
- Resell, redistribute, or commercially exploit our content without written permission
INTELLECTUAL PROPERTY
The Service and its entire contents, features, and functionality—including but not limited to all text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the design, selection, and arrangement thereof—are owned by Openspaces Labs LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Openspaces name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Openspaces Labs LLC. You may not use such marks without our prior written permission.
Nothing in these Terms grants you any right, title, or interest in the Service or any content, other than the limited license granted above.
USER CONTENT
The Service may allow you to save, bookmark, or organize content ("User Content"). You retain ownership of any User Content you create. By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, and display such content solely for the purpose of operating and improving the Service.
You represent and warrant that you own or have the necessary rights to your User Content and that it does not violate any third-party rights or applicable laws.
"THIRD-PARTY CONTENT & LINKS"
The Service contains information about third-party vendors, manufacturers, service providers, and other businesses ("Third-Party Content"), as well as links to third-party websites, applications, and services ("Third-Party Links").
No Endorsement: The inclusion of Third-Party Content or Third-Party Links does not constitute an endorsement, recommendation, or guarantee by Openspaces. We do not verify, warrant, or assume responsibility for the accuracy, quality, safety, legality, or reliability of any third-party products, services, or content.
Independent Relationships: Any interactions, transactions, or disputes between you and third-party vendors are solely between you and that vendor. Openspaces is not a party to such transactions and shall not be liable for any claims, damages, or losses arising therefrom.
Due Diligence: You are solely responsible for conducting your own due diligence before engaging with any vendor or service discovered through our platform.
"DISCLAIMER OF WARRANTIES"
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.
OPENSPACES DOES NOT WARRANT THAT: (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (B) ANY DEFECTS WILL BE CORRECTED; (C) THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY CONTENT OR INFORMATION OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
THE INFORMATION PROVIDED ON THE SERVICE IS FOR GENERAL INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE RELIED UPON AS PROFESSIONAL, LEGAL, FINANCIAL, OR BUSINESS ADVICE.
"LIMITATION OF LIABILITY"
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OPENSPACES DESIGN LLC, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SERVICE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
"INDEMNIFICATION"
You agree to defend, indemnify, and hold harmless Openspaces Labs LLC, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any third-party rights, including intellectual property rights; or (d) your User Content.
"TERMINATION"
We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including but not limited to a breach of these Terms.
Upon termination: (a) your right to use the Service will immediately cease; (b) we may delete your account and any associated data; and (c) any provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.
"GOVERNING LAW & DISPUTES"
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.
Informal Resolution: Before filing any legal claim, you agree to first contact us at support@openspaces.design and attempt to resolve the dispute informally for at least 30 days.
Arbitration: Any dispute arising out of or relating to these Terms or the Service that cannot be resolved informally shall be resolved by binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in English and shall take place in Delaware or remotely via video conference.
Class Action Waiver: YOU AGREE THAT ANY CLAIMS MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
"CHANGES TO TERMS"
We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by email or by posting a notice on the Service at least 30 days before the changes take effect.
Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of the changes. If you do not agree to the new Terms, you must stop using the Service.
"GENERAL PROVISIONS"
Entire Agreement: These Terms, together with our Privacy Policy, constitute the entire agreement between you and Openspaces regarding the Service and supersede all prior agreements.
Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
Waiver: Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision.
Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.
"CONTACT"
If you have any questions about these Terms, please contact us:
Openspaces Labs LLC
Email: support@openspaces.design