Coworkapp — WB Studio
1. Purpose and contractual documents
These terms of use (the "Terms of Use") govern access to and use of the Coworkapp software, available at https://web.coworkapp.io/ (the "Service"), published by WB Studio, a French société par actions simplifiée (SAS) with a share capital of €2,000, registered with the Rennes Trade and Companies Register under no. 10224668300019, with its registered office at 9 allée des terrasses, 35230 Noyal-Châtillon-sur-Seiche, France (the "Publisher").
Together with the Terms of Sale and the personal data processing agreement, these Terms of Use constitute the entire agreement between the Publisher and the Customer.
Order of precedence. In the event of any conflict, the Terms of Sale prevail in respect of paid Plans, pricing, billing, term and termination; these Terms of Use prevail in all other respects.
2. Definitions
Customer: the legal entity or professional operating a coworking or office space that uses the Service.
User: any person accessing the Service from an account attached to the Customer (directors, employees, managers).
End User: a member, resident or drop-in visitor of the space operated by the Customer, holding access to the Service in order to book or manage their occupancy.
Customer Content: all data, files and information entered into or imported into the Service by the Customer, its Users or its End Users.
Plan: the service tier taken out, free or paid.
These definitions also apply to the Terms of Sale.
3. Acceptance
Creating an account or using the Service constitutes full and unreserved acceptance of the Terms of Use. The Customer represents that it is acting within the scope of its professional activity and that it has authority to bind the legal entity on whose behalf it uses the Service.
4. Access to the Service and Plans
The Service is provided on a SaaS basis, accessible through a web browser, with no installation required.
A Free Plan is made available with no time limit, within the functional and quantitative limits set out on the pricing page. The Publisher reserves the right to modify or discontinue the Free Plan upon thirty (30) days' prior notice given by email.
Paid Plans provide access to extended features and limits. Their financial terms, duration and termination arrangements are governed by the Terms of Sale.
The Publisher may develop the features of the Service. No such development shall substantially reduce the essential features of the Plan taken out without prior notice to the Customer.
5. Account and security
The Customer is responsible for the accuracy of the information provided, for the confidentiality of its credentials, and for all activity carried out from its accounts. It shall inform the Publisher without delay of any unauthorised access. The Publisher may suspend an account that presents a demonstrated risk to the security of the Service.
6. The Publisher's role toward End Users
The Publisher provides a technical tool to the Customer. Any occupancy, membership, booking or service agreement entered into between an End User and the Customer is entered into solely between them. The Publisher is neither a party to, an agent for, nor a guarantor of such agreements, and assumes no liability for the actual availability of the spaces, their condition, or the Customer's performance of its services.
Where the Service enables the collection of amounts owed by End Users, those amounts are collected by the Customer through Stripe, with the Customer acting as the sole seller. The Publisher does not at any time act as a payment institution or as a holder of funds.
The Customer remains solely responsible for informing its End Users, for obtaining any required consents, and for the compliance of its activity with applicable local regulations.
7. Customer obligations
The Customer undertakes to:
use the Service in compliance with applicable law and with these Terms of Use;
warrant the lawfulness of the Customer Content and hold the necessary rights to it;
refrain from impairing the integrity, security or availability of the Service;
refrain from attempting to access the source code, decompile it, reverse engineer it, or extract data from the Service on a large scale by automated means;
refrain from reselling, sublicensing or making the Service available to any unauthorised third party;
refrain from using the Service to transmit unlawful or defamatory content, or unsolicited messages.
8. Suspension
Any breach of Articles 5 or 7 may result in suspension of the account after formal notice has remained without effect for eight (8) days, or without prior notice in the event of a serious security threat or manifestly unlawful content. Suspension for non-payment is governed by the Terms of Sale.
Suspension gives rise to no refund and does not relieve the Customer of payment of current instalments.
9. Availability, maintenance and support
The Publisher uses reasonable efforts to ensure an availability rate of 99%, excluding scheduled interruptions. Planned maintenance operations are announced with reasonable prior notice and carried out, as far as possible, outside business hours.
Support is available at [email protected], Monday to Friday, with a first-response time of 48 hours. Support covers usage assistance and the handling of defects, and excludes custom development and training.
10. Intellectual property
The Service, its source code, its interfaces and its documentation remain the exclusive property of the Publisher. The Terms of Use grant the Customer a personal, non-exclusive and non-transferable right of use, limited to the period of use of the Service and to the purposes of its business.
Customer Content remains the exclusive property of the Customer. The Customer grants the Publisher a limited licence, for the term of the agreement only, for the hosting, processing and display necessary to provide the Service.
The Publisher may produce aggregated and anonymised statistics that do not allow the Customer, its Users or its End Users to be identified.
11. Personal data
The processing of personal data is described in the Legal Notice and the Privacy Policy. For data processed on behalf of the Customer, the Publisher acts as a processor within the meaning of Article 28 GDPR, under the terms of the data processing agreement appended hereto.
12. Liability
The Publisher is bound by an obligation of means. It shall not be held liable for indirect damage, loss of operations, loss of clientele or commercial loss.
The Publisher's total liability, on all grounds combined, is limited to the amount exclusive of tax actually paid by the Customer during the twelve (12) months preceding the triggering event. This limitation does not apply in the event of gross negligence, wilful misconduct or personal injury.
The Publisher is not liable for the consequences of any non-compliant use of the Service, of any failure of the Customer's network or equipment, or of the Customer Content.
13. Force majeure
Neither party may be held liable for a failure resulting from an event of force majeure within the meaning of Article 1218 of the French Civil Code. If the event continues for more than thirty (30) days, either party may terminate as of right.
14. Amendment of the Terms of Use
The Publisher may amend the Terms of Use. Any substantial amendment is notified by email with thirty (30) days' prior notice. Continued use of the Service after that period constitutes acceptance. Failing acceptance, the Customer may cease using the Service and, if it holds a paid Plan, terminate at no cost under the conditions set out in the Terms of Sale.
15. Assignment
The Customer may not assign these Terms of Use without the Publisher's prior written consent. The Publisher may assign the agreement in connection with a merger, contribution or transfer of business, subject to informing the Customer.
16. Commercial references
Unless the Customer objects in writing, the Publisher may cite its name and logo as a commercial reference.
17. Governing law and jurisdiction
These Terms of Use are governed by French law, including where the Customer is established outside France. Failing an amicable settlement, the Commercial Court of Rennes shall have sole jurisdiction, including in the event of multiple defendants, third-party claims or emergency proceedings.
Contact: [email protected]