Terms of Service.

Updated: July 18th 2023

Terms of Service

Pickspace Ltd. (“Pickspace”, “we”, “our”, “Company”) welcomes you (the “User(s)”, or “you”) to our primary website at https://pickspace.com/ and, if applicable, our mobile app (collectively, the “Platform”). At the heart of our offerings, Pickspace is a comprehensive Property Management Software solution. This robust platform serves to promote streamlined operations and communication between property managers and tenants. A significant component of our software is our role as a Payment Facilitator, providing an integrated payment processing solution to facilitate smooth and easy transactions for all parties involved. In addition to these, our Platform also provides auxiliary services such as searches, information, comparison, and contact methods related to co-working spaces available for rent at specific locations worldwide (“Service(s)” as further detailed below). Each of the Platform’s Users may use the Platform in accordance with the terms and conditions hereunder.

  1. Acceptance of the Terms

Acceptance of the Terms By entering, connecting to, accessing or using the Platform and/or the Services (as further detailed below), you acknowledge that you have read and understood the following terms of use, including the terms of our Privacy Policy (collectively, the “Terms”) and you agree to be bound by them and to comply with all applicable laws and regulations regarding your use of the Platform. These Terms constitute a binding and enforceable legal contract between Pickspace and you. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER, CONNECT TO, ACCESS OR USE THE PLATFORM AND/OR THE SERVICES IN ANY MANNER. The Platform is available only to individuals who (a) are at least thirteen (13) years old, and (b) possess the legal capacity to enter into these Terms and to form a binding agreement under any applicable law, or have received the required consent from their legal guardian to enter into these Terms.

  1. The Platform and the Services

The Platform and the Services

Pickspace’s primary offering is a comprehensive Property Management Software solution, catering to Commercial and Residential Real Estate, Co-working spaces, and Virtual Communities. The platform integrates a Payment Facilitator solution for seamless transactions between property managers and tenants. In addition to this, Pickspace serves as an online service through which co-working and office space providers or other real estate properties (“Suppliers”) can advertise their services or real estate inventory, and users may use the Platform to review, locate, compare and leave their contact information to be contacted by Suppliers. The Platform provides comprehensive information regarding, inter-alia, Pickspace’s concept, available spaces (commercial, residential, co-working, office spaces, other real estate properties) offered by the Suppliers, including their descriptions, photos and pricings, news regarding Pickspace, special offers, job opportunities, and more. The Platform also includes a variety of content such as contact information, videos, text, files, logos, button icons, images, data compilations, links, specialized content, technical data, documentation, know-how, specifications materials, designs, data, the “look and feel” of the Platform, algorithms, source and object code, interface, GUI, interactive features related graphics, illustrations, drawings, animations, and other features obtained from or through the Platform (collectively, the “Content”).

ALL RIGHTS IN AND TO THE CONTENT AVAILABLE ON THE PLATFORM ARE RESERVED TO PICKSPACE OR ITS LICENSORS. TO THE EXTENT LEGALLY PERMISSIBLE, THE PLATFORM AND THE CONTENT AVAILABLE THEREIN ARE PROVIDED ON AN “AS IS” BASIS. PICKSPACE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSS INCURRED TO YOU OR ANY OTHER PERSON AS A RESULT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM AND/OR THE CONTENT AVAILABLE THEREIN. YOUR USE OF THE SERVICES AND/OR THE PLATFORM AND/OR THE CONTENT AVAILABLE THEREIN IS ENTIRELY AT YOUR OWN RISK.

 

Note: While some features of our Platform are provided free of charge, certain advanced features or services are subject to a monthly fee. We reserve the right to change our fee structure and to introduce new charges for certain features or services at any time, with prior notice communicated to you. The use of our Platform may result in data usage or other charges imposed by your Internet service provider or network services. You acknowledge and agree to bear all costs that may be incurred as a result of such charges.

  1. Clients and Suppliers of Pickspace

The Platform, managed by Pickspace, aggregates and processes a variety of information related to our clients and suppliers, which includes entities from commercial and residential real estate sectors, co-working spaces, and virtual communities. This information encompasses, but is not limited to, the nature and quantity of units, their respective pricing, locations, descriptions, photographs, as well as pertinent business information and reports.

Further, Pickspace collates and securely stores marketing materials pertaining to these units in order to provide a comprehensive and informative user experience on the Platform, hereinafter referred to as “Marketing Aids”. Please note that all Marketing Aids are furnished by the clients and suppliers themselves, and are consequently represented on the Platform on an “AS-IS” basis. Pickspace disclaims all responsibility and liability for any Marketing Aid or service provided by the clients or suppliers.

It is important to emphasize that Pickspace is committed to the secure storage of all data. To that end, we employ robust cloud services provided by well-established companies such as Google and AWS. Specifically concerning payment methods, Pickspace operates as a payment facilitator and uses a tokenized system to ensure no sensitive payment information is exposed, in full compliance with Payment Card Industry Data Security Standards (PCI DSS) as per the legal requirements.

For the sake of clarity, the Platform is intended to serve solely as an informative marketing tool. Any engagements or interactions with clients or suppliers occur solely through direct contact between you, the user, and the client or supplier. The Content and/or Marketing Aids do not constitute a binding agreement on the part of the Company or the client/supplier. In any event where the Content and/or Marketing Aids contradict or appear inconsistent with separate agreements executed directly between the client or supplier and you, the information directly provided by the client or supplier will take precedence.

  1. Use Restrictions

There are certain conducts which are strictly prohibited when using the Platform. Please read the following restrictions carefully. Failure to comply with any of the provisions set forth herein may result (at Pickspace’s sole discretion) in the termination of your use of the Platform and/or Content and may also expose you to civil and/or criminal liability.

Unless otherwise explicitly permitted under these Terms or in writing by Pickspace, you may not (and you may not permit anyone to): (a) use the Platform and/or the Content for any illegal, immoral, unlawful and/or unauthorized purposes; (b) use the Platform and/or Content for non-personal or commercial purposes; (c) remove or disassociate, from the Content and/or the Platform any restrictions and signs indicating proprietary rights of Pickspace or its licensors, including but not limited to any proprietary notices contained in such materials (such as ©,™, or ®); (d) interfere with or violate Users’ rights to privacy and other rights, or harvest or collect personally identifiable information about Users without their express consent, whether manually or with the use of any robot, spider, crawler, any search or retrieval application, or use other manual or automatic device, process or method to access the Platform and retrieve, index and/or data-mine information; (e) interfere with or disrupt the operation of the Platform or the servers or networks that host the Platform, or disobey any laws, regulations, requirements, procedures, or policies of such servers or networks; (f) falsely state or otherwise misrepresent your affiliation with any person or entity, or express or imply that the Company endorses you, your website, your business or any statement you make, or present false or inaccurate information about the Platform; (g) take any action that imposes, or may impose, an unreasonable or disproportionately large load on our platform infrastructure, as determined by us; (h) bypass any measures we may use to prevent or restrict access to the Platform; (i) copy, modify, alter, adapt, make available, translate, port, reverse engineer, decompile, or disassemble any portion of the Content made accessible by Pickspace on or through the Platform, or publicly display, reproduce, create derivative works from, perform, distribute, or otherwise use such Content; (j) copy, distribute, display, execute publicly, make available to the public, reduce to human readable form, decompile, disassemble, adapt, sublicense, make any commercial use, sell, rent, transfer, lend, process, compile, reverse engineer, combine with other software, translate, modify or create derivative works of any material that is subject to Pickspace’s proprietary rights, including Pickspace’s Intellectual Property (as such term is defined below), in any way or by any means; (k) make any use of the Content on any other Platform or networked computer environment for any purpose without Pickspace’s prior written consent; (l) create a browser or border environment around Pickspace Content (no frames or inline linking is allowed); (m) sell, license, or exploit for any commercial purposes any use of or access to the Platform and/or the Services and/or Content; (n) frame or mirror any part of the Platform without Pickspace’s prior express written authorization; (o) create a database by systematically downloading and storing all or any of the Content from the Platform; (p) transmit or otherwise make available in connection with the Platform any virus, worm, Trojan Horse, time bomb, web bug, spyware, or any other computer code, file, or program that may or is intended to damage or hijack the operation of any hardware, software, or telecommunications equipment, or any other actually or potentially harmful, disruptive, or invasive code or component; (q) use the Platform for any purpose for which the Platform is not intended; and/or (s) infringe and/or violate any of the Terms.

  1. Contacting Suppliers and/or us via the Platform

Access and use of the Platform necessitates completion of relevant contact forms to communicate with suppliers. Certain features of the Platform are free, whereas advanced services may incur a monthly fee, subject to our discretion.

Communication with Pickspace via the Platform requires completion of a specified contact form. All internet connectivity and data usage charges incurred during Platform usage are your responsibility, as per your respective third-party service provider’s rates.

  1. Privacy Policy

Pickspace prioritizes your privacy and is resolutely committed to safeguarding any information you share with us. It is our belief that you, as a user of our Platform, have an inherent right to be informed about our practices pertaining to the collection, usage, and protection of your personal information.

Our data collection policy, the nature of information collected, and the practices we adopt are exhaustively detailed in our Privacy Policy and Consumer Data Privacy Policy. These policies are explicitly incorporated herein by reference and form an integral part of these Terms and Conditions.

By accessing, connecting to, or using the Platform, you provide explicit consent to Pickspace for the collection, usage, and storage of your personal information, as provided by you or made accessible to us, in compliance with the stipulations of our Privacy Policy and Consumer Data Privacy Policy.

Before using or accessing our Platform, it is of utmost importance that you thoroughly review and consent to our Privacy Policy and Consumer Data Privacy Policy.

Your continuation with accessing or using our Platform signifies your informed acceptance of these policies. If you do not agree with our privacy practices as outlined in these policies, please refrain from using our Platform.

  1. Intellectual Property Rights

Intellectual Property Rights

The Platform, inclusive of its content, and the proprietary assets of Pickspace Ltd. (“Pickspace”, “we”, “us”, “our”), which serves primarily as a property management software and a Payment facilitator, and any and all intellectual property rights related thereto, including but not limited to inventions, patents, patent applications, trademarks, trade names, service marks, copyrightable materials, domain names, and trade secrets, whether registered or capable of being registered (collectively referred to as “Intellectual Property”), are owned by and/or licensed to Pickspace. These are protected by applicable patent, copyright, and other intellectual property laws and international conventions and treaties. All rights not explicitly granted to you under these Terms are reserved by Pickspace and its licensors.

These Terms do not transfer any proprietary interest in or to Pickspace’s Intellectual Property to you but merely grant you a limited, revocable right of use in accordance with the Terms. Nothing in these Terms constitutes a waiver of Pickspace’s Intellectual Property rights under any law.

In the context of our role as a Payment facilitator, the information you provide related to your payment methods is governed by our Privacy Policy and Consumer Data Privacy Policy, with your details stored securely and all transactions being PCI compliant according to law, ensuring the safety and confidentiality of your data.

In the event that you provide any feedback, comments, or suggestions to Pickspace (“Feedback”), Pickspace shall have an exclusive, royalty-free, fully paid-up, worldwide, perpetual, and irrevocable license to incorporate the Feedback into any of its current or future products, technologies, or services, and to use the same for any purpose, all without further compensation to you and without your approval. You agree that all such Feedback shall be deemed non-confidential.

Furthermore, you warrant that your Feedback is not subject to any license terms that would require Pickspace to comply with any additional obligations with respect to any current or future products, technologies, or services that incorporate any Feedback.

  1. Security Policy

When you place orders on our websites or through our mobile applications, all of your order information, including your credit card number and delivery address, is transmitted through the Internet using Secure Sockets Layer (SSL) technology. SSL technology causes your browser to encrypt your order information before transmitting it to our secure server. SSL technology, an industry standard, is designed to prevent someone other than operators of our websites from capturing and viewing your personal information.

While we use industry standard means to protect our websites and your information, the Internet is not 100% secure. The measures we use are appropriate for the type of information we collect. We cannot promise that your use of our websites or mobile applications will be completely safe. We encourage you to use caution when using the Internet. Online access to your personal information is protected with a password you select. We strongly recommend that you do not share your password and that you use unique passwords for all of your online accounts.

  1. Trademarks and Trade names

Pickspace’s trademarks, logos, and all other proprietary identifiers associated with the Platform, which serves primarily as a property management software and a Payment facilitator (“Company Trademarks”), are all trademarks and/or trade names of Pickspace, whether registered or not. All other trademarks, service marks, trade names, and logos appearing on the Platform belong to their respective owners, including the suppliers (“Third Party Marks”).

No right, license, or interest to the Company Trademarks or the Third Party Marks is granted under these Terms. You acknowledge and agree that you have no such rights, licenses, or interests with respect to these marks. As such, you commit to refrain from using any of these marks, except as expressly permitted under these Terms.

  1. Social Media Features

The Platform may incorporate social sharing, posting features, and other integrated tools such as Facebook “Share” buttons, Youtube, etc. (“Social Features“). These Social Features enable or permit social integration with certain third-party social networks or third-party platforms (“Social Network”). These Social Networks are established and maintained by third parties who are neither affiliated with nor controlled by Pickspace.

Your use of the Social Features is governed by the respective third-party Social Network’s terms of use and privacy policies. If you do not agree to the practices outlined in these terms, you should not utilize the Platform’s integration with such Social Networks. However, you may find that not doing so limits your ability to fully engage with all the features provided by our service.

Pickspace, serving primarily as a property management software and a Payment facilitator, bears no responsibility and has no liability for your use of such Social Networks. Furthermore, all the information shared with these Social Networks in connection with payment transactions, including customer data, is managed under the provisions of our Privacy Policy and Consumer Data Privacy Policy.

  1. Linking to Pickspace’s Platform and Links to Third Party websites

We encourage and permit hypertext links to our Platform, provided such links do not state or imply any affiliation with or endorsement by Pickspace, nor do they misrepresent Pickspace in any negative or misleading way. Links must originate from a website that you either own or have received permission to use. By linking to Pickspace’s Platform, you assert that your website does not contain content that is illegal, offensive, or infringes upon the rights of third parties. We do not allow framing or inline linking.

The Platform may provide links allowing users to navigate away from the Platform to non-Pickspace websites or services, such as Facebook, Google, Twitter, LinkedIn, and others. These linked websites and services are not under Pickspace’s control, are provided solely for your convenience, and do not constitute an endorsement by Pickspace. Pickspace is not responsible for the content, products, services, or privacy practices of these linked websites and services.

Your use of and reliance upon these external websites, services, and content, and your dealings with the third parties operating these platforms, are entirely at your own risk and expense. Pickspace retains the right to revoke any link at any time. You acknowledge and agree that Pickspace will not be held responsible or liable for any damage or loss incurred in relation to your use of or reliance upon any services, content, products, or other materials accessible through these external websites or services.

Most linked websites and services provide legal documents, including terms of use and privacy policies, which govern your use of those platforms. We strongly advise you to review such documents carefully before using the linked websites and services, particularly to understand what information is being collected about you.

As a property management software and a Payment facilitator, Pickspace maintains a firm commitment to securing your data and complies with all legal requirements regarding data privacy and security. All customer data and payment information, including those shared with external platforms in connection with payment transactions, are managed securely and in strict compliance with our Privacy Policy and Consumer Data Privacy Policy.

  1. Availability

While Pickspace endeavors to maintain the availability and functionality of our Platform, these aspects are governed by factors outside our direct control such as the status of communication networks and data transmission infrastructure. Hence, we cannot guarantee uninterrupted access or a completely error-free and secure Platform. Yet, in cases of anticipated downtime, we will make every reasonable effort to notify our clients in advance, where feasible.

Nevertheless, the use of the Platform is at your own discretion and risk, and is subject to the terms herein. The Platform and its content are provided “as is”, “as available”, and “with all faults”, with Pickspace and its associates disclaiming all express, implied, or statutory warranties.

No assurances regarding security, timeliness, accuracy, completeness, uninterrupted availability, or freedom from harmful components are made. Furthermore, we do not guarantee the rectification of any errors or defects in the Platform or assume liability for any technical problems or issues arising from the use of our Platform or the content within it. Also, Pickspace does not accept responsibility for the accuracy of the marketing aids of suppliers or the services or products offered by them or other business partners. However, any rights you may have under your local laws that this agreement cannot change are unaffected, and variations to these exclusions or limitations may apply based on your jurisdiction.

  1. right to revise

Pickspace retains the unequivocal right to revise, correct, expand, enhance, modify, or permanently or temporarily cease the operation of the Platform, or any part thereof, including the Content, at any time and without prior notice. Moreover, it is understood that the Content made available via the Platform may be augmented, restructured, or eliminated at any time without providing any prior notification to you. By using the Platform, you consent to Pickspace’s exercise of these rights, and you accept that Pickspace will bear no responsibility to you or any third party for any alterations, interruptions, or discontinuation of the Platform or its Content. You further acknowledge and agree that Pickspace will not be held liable for any errors, disruptions, or functional anomalies that may occur in connection with the implementation of such changes.

  1. Changes to the Platform
  2. Limitation of Liability

To the fullest extent permissible by law, neither Pickspace nor its representatives will be liable for any type of damages, including but not limited to direct, indirect, special, punitive, exemplary, incidental, or consequential damages. This encompasses losses under any legal theory (contractual, negligence, tort, strict liability, etc.) related to the use or inability to use the Platform, any interactions with other Users of the Platform, failure of the Platform to perform as expected, or any other act or omission by Pickspace or its representatives, regardless of whether they have been advised of such potential damages.

Furthermore, regardless of the circumstances, the total aggregate liability of Pickspace and its representatives for all damages or losses arising from or connected with your use or inability to use the Platform will be limited to the amount you have paid, if any, to Pickspace for the use of the Platform, or $1.00, whichever is greater. You agree to not seek recovery of any other damages beyond this limit, including consequential, lost profits, special, indirect, or incidental damages, from Pickspace or its representatives.

Please note that certain jurisdictions do not allow for the exclusions or limitations listed herein, so they may not fully apply to you.

  1. Indemnification

You agree to protect, indemnify, and hold Pickspace, including its representatives, harmless against any claims, damages, obligations, losses, liabilities, costs, and expenses (including attorney’s fees) that may arise from: (i) your use or misuse of, inability to use, or activities relating to the Platform and/or Content; (ii) any violation of these Terms by you; (iii) any breach of a third party’s rights, including but not limited to intellectual property or privacy rights, related to your use of the Platform; and (iv) any damage of any sort you may cause to a third party in relation to the Platform. This indemnification obligation will survive these Terms.

Furthermore, Pickspace reserves the right to assume the exclusive defense and control of any matter subject to your indemnification, which doesn’t absolve you of your indemnification obligations. In such a case, you agree to cooperate fully with us in asserting any available defense. You also agree not to settle any matter you are obligated to indemnify without obtaining our prior written consent.

  1. Amendments to the Terms

Pickspace reserves the right to modify these Terms, including any incorporated policies, at our sole discretion. We encourage you to periodically review this page for the latest updates. For significant changes, we will make reasonable efforts to post a clear notice on the Platform, or send an email if you have provided one. Such major changes will become effective seven (7) days after the notice is provided on our Platform or sent via email, whichever comes first. All other changes are effective as of the stated “Last Revised” date, and your continued use of the Platform after this date signifies your acceptance of and agreement to the updated Terms. If any amendments are required to comply with legal obligations, they may become effective immediately as required by law, without prior notice.

  1. Termination of these Terms and the Termination of the Platform’s operation

Pickspace reserves the right, at its discretion, to cease operation of the Platform, alter its contents or features, or suspend or terminate your access, without prior notice. Pickspace is not responsible for any loss of data resulting from these actions. The sections of these Terms intended to survive termination will do so.

These Terms remain in force until terminated as specified herein. Your failure to comply with these Terms may lead to the termination of your license and these Terms, or the suspension or termination of your account. If you disagree with any term or are dissatisfied with the Service, you may terminate these Terms at any time by stopping use of the Platform and/or emailing info@pickspace.com. Upon such termination: (i) the license and all other rights granted to you hereunder will end, (ii) you must cease all use of the Service, and (iii) the provisions of these Terms intended to survive termination will do so, including the Intellectual Property, Disclaimers, Limitation of Liability, Indemnification, and General sections.

Pickspace can suspend access to the Platform if we believe there is a risk to security or privacy, a threat to our network or servers, a need to protect Pickspace’s rights, property, or safety, a violation of these Terms, or if you are a repeat infringer. We may also suspend access if required by law. We may notify you in the event of such suspension.

  1. General

(a) These Terms are the entire agreement between you and Pickspace, superseding prior agreements about this subject. (b) Claims relating to the Platform will be governed by the laws of the State of New York, excluding conflict-of-law rules. Any dispute will be heard in the competent courts of New York, to which jurisdiction and venue you consent. You agree to waive defenses of lack of personal jurisdiction and inconvenient forum. Pickspace may also seek injunctive relief anywhere it deems fit. (c) These Terms do not create a partnership, employment, agency, or franchise relationship between us. (d) Any failure to enforce a provision isn’t a waiver of rights. (e) Section titles are for convenience and have no legal effect. (f) Any claim you have must be filed within one year or it’s permanently barred. (g) If a provision is found unenforceable, it will be revised to the minimum extent necessary to make it enforceable. (h) You can’t transfer these Terms without our written consent; any attempt to do so is void. We can transfer these Terms freely. (i) Changes to these Terms must be in writing and signed by Pickspace. (j) Correspondence about these Terms will be in English.

20. Refund Policy:

For all SaaS users, including property management companies, property managers, landlords, tenants, virtual members, and all non-SaaS users :

Pickspace, as a software provider and payment facilitator, offers various services to manage properties and facilitate transactions. Should there be a need to cancel or modify service usage, please adhere to the specific cancellation and modification terms stated in the respective agreement.

Refund Policy: Pickspace adheres to a strict refund policy in accordance with applicable U.S. laws. Refunds arising from cancellations or other stipulated reasons will be credited back to the original mode of payment. However, the timeline of refund processing may vary depending on the policies of your financial institution or payment provider.

Assistance with Refunds: Pickspace’s support team is available to guide users through the refund request process. However, the actual refund processing is managed by your respective financial institution or payment provider. Therefore, while Pickspace assists in initiating your refund request, we can’t guarantee any refunds and aren’t liable for actions related to the processing of refunds.

Transaction Cancellations: In compliance with U.S. consumer protection laws, users are advised to follow the specified guidelines for transaction cancellations.

Please note that these terms and conditions are in place to ensure a fair and consistent service for all our users. Failure to comply may result in service restrictions or termination.

  1. For information, questions, or notification of errors, please contact:

If you have any questions (or comments) concerning the Terms, you are most welcome to send us an e-mail to info@pickspace.com.