deskbird is registered in St. Gallen (SG), Switzerland:
deskbird Aktiengesellschaft (AG)
9000 St. Gallen (SG), Switzerland
Registration no.: CHE-193.964.133
Managing Directors and authorized representators: Ivan Cossu, Jonas Hess
You can reach us via email at: email@example.com
Terms of Service
Please read these Terms of Service (“Terms”) carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the website located at https://app.deskbird.ch (the “Site”), any deskbird mobile application and application program interface (“Mobile Application”), and all associated services (“Service”; collectively with the Site and the Mobile Application, the “deskbird Platform”), you agree to comply with and be bound by these Terms.
deskbird may change these Terms from time to time. Changes will be effective when deskbird posts updated Terms at this location or within the applicable Service and the “Last updated” date set forth above will be updated accordingly. Your continued access or use of the Service after such posting confirms your consent to be bound by the updated Terms. Any revisions to these Terms will become effective the first time you access or use the Service after such changes have been posted. If you do not agree to abide by these Terms of Service, you are not authorized to use, access or participate in (or continue to use, access or participate in) the Service.
Last updated: November 04, 2020
Table of Contents
- Scope of the deskbird Services
- Eligibility, Using the deskbird Platform, Member Verification
- Account Registration
- Terms Specific for Workspace Partners
- Guests, Memberships, and Fees
- Workspace Listings
- Changes, Cancellations, and Refunds
- Ratings and Reviews
- User Content
- Copyright Policy
- Prohibited Activities
- Termination and Suspension
- Guest Release
- Limitation of Liability
- Applicable Law and Jurisdiction
- Entire Agreement
- General Provisions
- Limitation on Time to File Claims
- Contact Us
- Scope of the deskbird Services
The deskbird Platform is an online marketplace that enables owners and/or operators of Workspaces (“Workspace Partners”) that offer flexible desks, meeting rooms and individual offices (collectively “Workspaces”) and services included therein (e.g. cleaning, free beverages etc.) to publish such Workspaces on the deskbird Platform (“Listings”) and to communicate and transact directly with registered users that are seeking to book such Workspaces (“Users”). The listing of Workspaces by Workspace Partners, and access to and booking of Workspaces by Users is completed through the deskbird dashboard on the Site or Mobile Application and requires registration for an account (as described in “Account Registration” below).
As the provider of the deskbird Platform, deskbird does not own, sell, resell, provide, control, manage, offer, or supply any Listings or Workspaces. Workspace Partners alone are responsible for their Listings. When Users and Workspace Partners make or accept a booking, they are entering into a contract directly with each other. deskbird is not and does not become a party to or other participant in any contractual relationship between Users and Workspace Partners, nor is deskbird a real estate broker or insurer. deskbird is not acting as an agent in any capacity for any User or Workspace Partner, except as specified under section 4.4 “Brokerage Fees and Commissions”. Should a court or a tribunal rule that deskbird is a party or other participant in any contractual relationship between the User and the Workspace Partner, deskbird transfers all rights of complaint to the User or Workspace Partner in question.
Both Users and Workspace Partners may submit feedback to the deskbird Platform following the completion of a Workspace booking. You acknowledge and agree that other Users may publicly post ratings and reviews of you, and that deskbird may, but is not obligated to, monitor such postings. deskbird is not responsible in any manner for such ratings and reviews, and you hereby release deskbird from any and all claims, causes of actions, obligations or liabilities arising from or relating to such ratings and reviews.
If you choose to use the deskbird Platform as a Workspace Partner your relationship with deskbird is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of deskbird for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of deskbird. deskbird does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Workspaces. You acknowledge and agree that you have complete discretion whether to list Workspaces or otherwise engage in other business or employment activities.
The deskbird Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. deskbird is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by deskbird of such Third-Party Services.
Due to the nature of the Internet, deskbird cannot guarantee the continuous and uninterrupted availability and accessibility of the deskbird Platform. deskbird may restrict the availability of the deskbird Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the deskbird Platform. deskbird may improve, enhance and modify the deskbird Platform and introduce new deskbird Services from time to time.
- Eligibility, Using the deskbird Platform, Member Verification
In order to access and use the deskbird Platform or register a deskbird Account you must be an individual at least 18 years old or a duly organized, validly existing business, organization or other legal entity in good standing under the laws of the country you are established and able to enter into legally binding contracts.
deskbird may make access to and use of the deskbird Platform, or certain areas or features of the deskbird Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a User’s booking and cancellation history.
The access to or use of certain areas and features of the deskbird Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions, before you can access the relevant areas or features of the deskbird Platform. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the deskbird Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise in the latter terms and conditions.
- Account Registration
In order to use certain features of the Service, such as publishing or booking a Listing, you must register for an account (“deskbird Account”) and provide information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information;
As a User, you can register a deskbird Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google (“SNS Account“). You have the ability to disable the connection between your deskbird Account and your SNS Account at any time.
If you are registering a deskbird Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant deskbird all permissions and licenses provided in these Terms. A company or entity member is responsible for the compliance of each of its individual members (e.g., its employees, contractors, and other service providers).
Each individual User may not register more than one deskbird Account unless deskbird authorizes you to do so. You may not assign or otherwise transfer your deskbird Account to another party.
You are responsible for maintaining the confidentiality of your deskbird Account login information and are fully responsible for all activities that occur under your deskbird Account. You agree to immediately notify deskbird of any unauthorized use, or suspected unauthorized use of your deskbird Account or any other breach of security. No third party is authorized by deskbird to ask for your credentials, and you shall not request the credentials of another User or Workspace Partner. deskbird cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
You may delete your deskbird Account at any time, for any reason, by following the instructions on our Site or within the Mobile Application. deskbird may terminate or suspend your deskbird Account in accordance with “Termination and Suspension” below.
- Term Specific for Workspace Partners
“Corporate Customers” are Users, which are settled via a company when payment is made.
Within this section Workspace Partner and deskbird shall be referred to as the “Party” individually and collectively as the “Parties”.
4.2 Responsibilities of Deskbird
deskbird declares its agreement to:
- offer and market the Listings to the Users and Corporate Customers in the best way possible using deskbird’s channels, including, but not limited to the Mobile Application and the Site;
- enable the Workspace Partner to control its own Listings and to implement Validations (as defined below) via the deskbird Platform; and
- assist the Workspace Partner in offering and marketing their Listings via the deskbird Platform and thus to sustainably optimise capacity utilisation and profitability of the Workspace Partner.
4.3 Responsibilities of the Workspace Partner
The Workspace Partner declares their agreement to:
- offer the Workspaces in their Listings with the necessary expertise and care in accordance with best practices of the industry;
- provide Users with the same level and type of services as its own members or non-User customers and not to charge Users additional fees for Workspaces and services, which are included according to the Workspace Partner’s Listings on the deskbird Platform;
- not to offer Workspaces and services connected therewith on its own distribution channels at lower prices than the prices set in the Workspace Partner’s Listings on the deskbird Platform; and
When a User books Workspaces of the Workspace Partner via the deskbird Platform, deskbird charges the following commissions depending on the total turnover of a User and depending on the type of the Workspace booked at the partner in one calendar month (commission includes external fees and costs for the deskbird tree planting program; excluding reverse charge fees): 15% for short-term bookings (hourly / daily bookings through deskbird app); 10% for long-term bookings (starting from one month).
The payment to the Workspace Partner for each calendar month shall be transferred by deskbird to the account specified by the Workspace Partner by the fifteenth day of the following calendar month (or on the working day after the fifteenth if the fifteenth falls on a weekend or public holiday). The Workspace Partner is responsible for keeping their account information, including bank account details, up to date whereby all updates must be reported to deskbird.
deskbird will pay the Workspace Partner whenever the corresponding amount is paid by the User (or the company for Corporate Customers), whereby deskbird takes over the reminder for the Workspace Partner regarding due payments. If the User does not settle their debt up to three months after the due date, the partner can collect the claim directly from the User. The default risk is borne by the partner.
deskbird reserves the right, at its own discretion, to refuse payment to the Workspace Partner or to retain a part of it in case of suspicion of misuse of the deskbird Platform or the violation these Terms, provided that such retention is not contrary to the principle of good faith (Art. 2 para. 1 Swiss Civil Code).
deskbird acts as a limited payment service provider for the Workspace Partner. deskbird carries out payments to the Workspace Partner consisting of sums being collected by deskbird from the Users on behalf of the Workspace Partner.
4.5 Intellectual Property
The Workspace Partner grants deskbird a royalty-free, non-exclusive license to use, edit, reproduce and display trademarks, photographs or other material of the Workspace Partner provided by the Partner in connection with the deskbird Platform and all promotional activities (“Partner IP”).
The Workspace Partner may use the name, logo and other intellectual property of deskbird with the prior consent of deskbird, provided that the relevant guidelines provided by deskbird in the current version are followed.
The parties reserve the right to revoke and restrict this consent at any time.
deskbird is the exclusive owner of all rights, titles and interests in all anonymized and aggregated usage data generated in connection with these terms.
4.6 Representations, Warranties and Guarantees
Each party shall be liable without limitation for intentional, grossly negligent or fraudulent acts it committed or for which it is responsible due to its legal representatives and vicarious agents. This provision applies for bodily injury and damage to health, for the breach of given guarantees and warranties and in any case in which the limitation of liability is expressly prohibited by law.
Each party shall also be liable for the slightly negligent breach of material contractual obligations which make the performance of the contract possible in the first place and on the observance of which the other party may regularly rely (“cardinal obligations”). The liability of a party for the breach of cardinal obligations is limited to the foreseeable, typically occurring damage and may not exceed the total amount of the payments made by the Workspace Partner during the last six (6) months.
The liability of one of the parties towards the other party beyond the above mentioned liability is excluded.
The liability provisions above shall also apply to non-contractual claims raised against deskbird, its executives, legal representatives, employees or staff members.
4.7 Release from Liability
To the maximum extent permitted by applicable law, the parties agree to release, defend (at the other Party’s option), indemnify, and hold the other Party and its affiliates and subsidiaries, including but not limited to, their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) the Party’s breach of these Terms, (ii) the improper use of the deskbird Platform, (iii) the interaction with any User, its booking of a Listing, and the use of the Workspace including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, booking or use, (iv) the breach of any laws, regulations or third party rights.
4.8 Severability Clause
Each party and its respective affiliates shall be responsible for paying all taxes for which that party or its affiliates are assessed under applicable laws in connection with these Terms.
Each Party (in its capacity as the “Receiver”) shall maintain confidentiality and shall refrain from disclosing to third parties or using (except as expressly permitted by these Terms) any technology, software or business or technical information (“Confidential Information”) received from the other Party (“Disclosing Party”).
If a Guest (as defined below) cancels a confirmed booking or deskbird determines that it is necessary to cancel a confirmed booking, and such cancellation necessitates a refund to the Guest in accordance with these Terms, the Workspace Partner agrees if the Workspace Partner has already received payment for such booking, deskbird will be entitled to recover the amount of such refund from Workspace Partner, including by offsetting such refund amount out from any future payments due to the Workspace Partner.
Neither party shall be liable to the other party for any loss or damage caused by force majeure.
Neither of these Terms nor the obligations contained herein may be assigned or transferred by either party without the prior written consent of the other party, whereby consent shall not be unreasonably withheld, except that deskbird may assign these Terms in their entirety to a purchaser of all or a substantial part of its business or assets or to a subsidiary or other affiliated company even without the prior consent of the Workspace Partner, provided that deskbird has a legitimate interest in the transfer and the new company offers at least the same guarantees for the performance of the contractual obligations.
- Guests and Fees
Users may purchase access to a Workspace or a membership through the deskbird Platform. Details about purchasing access to a Workspace and/or a membership are available on the Site or the Mobile Application. When a User completes a booking for a Workspace (thus becoming a “Guest”), the Guest agrees to pay the applicable fees and charges and other pricing terms applicable to your use of the deskbird Platform as specified in these Terms and as otherwise communicated to you through the deskbird Platform, including any applicable fees and service charges. All fees and charges paid by Users in connection with the deskbird Platform are non-refundable, except as expressly stated in these Terms. Furthermore, by becoming a Guest, the User agrees to the terms and conditions set forth by the Workspace Partner that he booked the Workspace from.
Use of the deskbird Platform and all Workspaces by Guests is governed by our Guest Code of Conduct.
deskbird reserves the right to change its pricing and access options for Workspaces in its sole discretion.
- Workspace Listings
deskbird has no control over and does not guarantee (a) the existence, quality, safety, suitability, or legality of any Workspace; (b) the accuracy of any Workspace listing, ratings, reviews, or other User Content (as defined below); or (c) the performance or conduct of any User and/or third party. deskbird does not endorse any User, Guests, Workspace Partners, or Workspaces. You should always exercise due diligence and care when deciding whether to accept a booking request from a User, use a Workspace, or communicate and interact with other Users, whether online or in person.
- Changes, Cancellations, and Refunds
Workspace Partners and Guests are responsible for any changes to a booking that they make through the deskbird Platform or direct deskbird customer service, including payment of any additional fees, services charges, and/or taxes associated with such changes.
Guests can cancel an accepted reservation and booking at any time. If a Guest cancels an accepted booking at least 24 hours in advance, deskbird will refund any applicable fees. If a Guest cancels an accepted booking less than 24 hours in advance, there will be no refund of applicable fees.
If a Workspace Partner cancels a confirmed booking, the Guest will receive a full refund of applicable fees for such booking within a commercially reasonable time of the cancellation. In some instances, deskbird may allow the Guest to apply the refund to a new booking, in which case deskbird will credit the amount against the Guest’s subsequent booking at the Guest’s direction.
In certain circumstances, deskbird may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make an appropriate refund. In such circumstances, the Guest will receive a full refund of applicable fees for such booking.
- Ratings and Reviews
Within a certain timeframe after completing a booking, Guests and Workspace Partners can leave a public review and submit a rating about the other party. Ratings and reviews by Guests and Workspace Partners must be accurate and may not contain any offensive or defamatory language. Ratings and reviews must specifically adhere to “Prohibited Activities” set forth below.
Users are prohibited from manipulating the ratings and reviews system in any manner, such as instructing a third party to write a positive or negative review about a Guest or Workspace Partner.
Ratings and reviews reflect the opinions of individual Guests and Workspace Partners and do not reflect the opinion of deskbird. Ratings and reviews are not verified by deskbird for accuracy and may be incorrect or misleading.
- User Content
deskbird may, in its sole discretion, enable Users to (a) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the deskbird Platform (“User Content”); and (b) access and view User Content and any content that deskbird itself makes available on or through the deskbird Platform, including proprietary deskbird content and any content licensed or authorized for use by or through deskbird from a third party (“deskbird Content”) (together, deskbird Content and User Content shall be referred to “Collective Content”).
The Service and the Collective Content may in its entirety or in part be protected by copyright, trademark, and/or other laws of Switzerland and other countries. You acknowledge and agree that the deskbird Platform and deskbird Content, including all associated intellectual property rights, are the exclusive property of deskbird and/or its licensors or authorizing third parties. You will not remove, alter, or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the deskbird Platform or Collective Content. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the deskbird Platform and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the deskbird Platform or any Collective Content, except to the extent to that you are the legal owner of such User Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by deskbird or its licensors, except for the licenses and rights expressly granted in these Terms.
Subject to your compliance with these Terms, deskbird grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (a) download and use the Mobile Application on your mobile device(s); and (b) access and view any Collective Content made available on or through the deskbird Platform and accessible to you, solely for your personal and non-commercial use.
By creating, uploading, posting, sending, receiving, storing, or otherwise making available any User Content on or through the deskbird Platform, you grant to deskbird a non-exclusive, worldwide, royalty-free, irrevocable, perpetual (or for the term of the protection), sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the deskbird Platform, in any media or platform. Unless you provide specific consent, deskbird does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your User Content.
You are solely responsible for all User Content that you make available on or through the deskbird Platform. Accordingly, you represent and warrant that: (a) you either are the sole and exclusive owner of all User Content that you make available on or through the deskbird Platform or you have all rights, licenses, consents and releases that are necessary to grant to deskbird the rights in and to such User Content, as contemplated under these Terms; and (b) neither the User Content nor your posting, uploading, publication, submission, or transmittal of the User Content or deskbird’s use of the User Content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
deskbird may, without prior notice, remove or disable access to any User Content that deskbird finds to be in violation of these Terms or deskbird’s then-current policies, or otherwise may be harmful or objectionable to deskbird, its users, third parties, or property.
Our name, the deskbird logo, and all related names, logos, product and service names, designs, and slogans are trademarks of deskbird. You must not use such marks without our prior written permission.
- Copyright Policy
deskbird respects the intellectual property of others and asks that those that use our Service do the same. In connection with our Service, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of the accounts of those that use the deskbird Platform who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Service, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification must be provided to us:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our Service that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
- Prohibited Activities
You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Service. In connection with your use of the Service, you will not and will not assist or enable others to:
- use the deskbird Platform or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies a partnership with, or endorsement by, deskbird or otherwise misleads others as to your affiliation with deskbird;
- use the deskbird Platform in connection with the distribution of unsolicited commercial messages (e.g., spam);
- offer, as a Workspace Partner, any Workspace that you do not yourself own or have permission to make available through the deskbird Platform;
- use the deskbird Platform to request, make or accept a booking of a Workspace independent of the deskbird Platform;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any violent, harmful, abusive or disruptive behavior;
- post, upload, publish, submit or transmit any User Content that: (i) is fraudulent, false, misleading (directly or by omission or failure to update information) or deceptive; (ii) is defamatory, libellous, obscene, pornographic, vulgar or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (iv) is violent or threatening or promotes violence or actions that are threatening to any other person or animal; (v) promotes illegal or harmful activities or substances; or (vi) violates any deskbird policy;
- use, display, mirror or frame the deskbird Platform or Collective Content, or any individual element within the deskbird Platform, deskbird’s name, any deskbird trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the deskbird Platform, without deskbird’s express written consent;
- dilute, tarnish or otherwise harm the deskbird brand in any way, including through unauthorized use of deskbird Content, registering and/or using deskbird or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to deskbird domains, trademarks, copyrights, or deskbird Content;
- use any robots, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the deskbird Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by deskbird or any of deskbird’s providers or any other third party to protect the deskbird Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the deskbird Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the deskbird Platform;
- export, re-export, import, or transfer the deskbird Platform except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; and/or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
- You acknowledge that deskbird has no obligation to monitor the access to or use of the deskbird Platform by any User or to review, disable access to, or edit any User Content, but has the right to do so to (a) operate, secure and improve the deskbird Platform (including for fraud prevention, risk assessment, investigation, and customer support purposes); (b) ensure Users’ compliance with these Terms; (c) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (d) respond to User Content that it determines is harmful or objectionable; or (e) as otherwise set forth in these Terms. Users agree to cooperate with and assist deskbird in good faith, and to provide deskbird with such information and take such actions as may be reasonably requested by deskbird with respect to any investigation undertaken by deskbird or a representative of deskbird regarding the use or abuse of the deskbird Platform.
If you feel that any User you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who (a) engages in offensive, violent or sexually inappropriate behavior, (b) you suspect of stealing from you, or (c) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to deskbird. You agree that any report you make will not obligate us to take any action (beyond that required by law, if any).
- Termination and Suspension
These Terms will remain in full force and effect while you use the deskbird Platform. We may suspend or terminate these Terms and your right to use the deskbird Platform at any time for any reason at our sole discretion, including for any use of the deskbird Platform in violation of these Terms. You may delete your deskbird Account at any time within your User settings or by sending us an email at firstname.lastname@example.org. Upon termination of your deskbird Account, your right to access and use the deskbird Platform will terminate immediately.
If you delete your deskbird Account as a Workspace Partner, any confirmed booking(s) will be automatically cancelled and your Guests will receive a full refund for any pending bookings.
When you terminate your deskbird Account, you are not entitled to a restoration of your deskbird Account or any of your User Content.
In addition, deskbird may take any of the following measures (a) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body; (b) if you have breached these Terms, applicable laws, regulations, or third party rights; (c) if you have provided deskbird with inaccurate, fraudulent, outdated or incomplete information; (d) if you and/or your Workspaces at any time fail to meet any applicable quality or eligibility criteria; (e) if you have repeatedly received poor ratings or reviews or deskbird otherwise becomes aware of or has received complaints about your performance or conduct; (f) if you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason; and/or (g) if deskbird believes in good faith that such action is reasonably necessary to protect the personal safety or property of deskbird, its Users, or third parties, or to prevent fraud or other illegal activity:
- obscure, delete, or delay any Workspace listings, ratings, reviews, or other User Content;
- cancel any pending or confirmed bookings;
- limit your access to or use of the deskbird Platform; and/or
- temporarily or permanently suspend your deskbird Account and stop providing access to the deskbird Platform.
- If we take any of the measures described above (i) we may refund your Guests in full for any and all confirmed bookings that have been cancelled, irrespective of preexisting cancellation policies; and (ii) you will not be entitled to any compensation for pending or confirmed bookings that were cancelled.
If your access to or use of the deskbird Platform has been limited or your deskbird Account has been suspended or terminated by us, you may not register a new deskbird Account or access and use the deskbird Platform through a deskbird Account of another User.
- Guest Release
Guests hereby unconditionally release deskbird from any loss, liability, claim, demand, damage, costs and expenses, including reasonable attorneys’ fees, which you now have of have ever had against deskbird relating in any way to your use of the deskbird Platform, including but not limited to your use of a Workspace and/or interaction with a Workspace Partner through the deskbird Platform.
If you choose to use the deskbird Platform or Collective Content, you do so voluntarily and at your sole risk. The deskbird Platform and User Content are provided on an “as is” and “as available basis”, and deskbird expressly disclaims any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We make no warranty that the deskbird Platform will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. We make no warranty that the deskbird Platform or any Workspace reservation or booking will meet your requirements, or that any Workspace meets applicable legal standards and is safe or suitable for your intended use. deskbird cannot guarantee and does not promise to Workspace Partners and Guests, and Workspace Partners cannot guarantee and do not promise to Guests, any specific results from the use of the deskbird Platform or a Workspace. If applicable law requires any warranties with respect to the deskbird Platform, all such warranties are limited in duration to 90 days from the date of first use. THE DISCLAIMERS SET FORTH ABOVE IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
- Limitation of Liability
deskbird does not control and is not responsible for the actions of other individuals you encounter through the deskbird platform. You should be aware that other users, guests, and workspace partners may not be who they claim to be. We do not perform background checks on our users, guests, or workspace partners, nor do we guarantee that our users, guests, or workspace partners’ profiles or account information is accurate. We do not endorse, support, or verify the facts, opinions, or recommendations of our users, guests, or workspace partners. If a dispute arises between users, we have no responsibility or obligation to participate, mediate, or indemnify any party.
To the maximum extent permitted by applicable law, deskbird is not responsible or liable in any manner for any loss or damage arising out of your transactions, communications, bookings, and interactions with any other users or your use of the deskbird platform. deskbird does not control the content contained in any listings by workspace partners, or the condition, legality or suitability of any workspaces. You hereby release deskbird from any and all claims, causes of actions, obligations, or liabilities arising from or relating to such transactions, communications and interactions, listings on the deskbird platform, collections sent to you by another user and the quality, conditions or suitability of any workspace.
To the maximum extent permitted by law, neither deskbird nor any other party involved in creating, producing, or delivering the deskbird platform or collective content will be liable to you or any third party for any lost profits, lost data, loss of goodwill, costs of procurement of substitute products or services, any indirect, consequential, exemplary, incidental, special, or punitive damages, or for any damages for personal or bodily injury or emotional distress arising from or relating to (a) these terms, (b) from the use or inability to use the deskbird platform or collective content, (c) from any communications, interactions, or meetings with other users of other persons with whom you communicate, interact, or meet as a result of your use of the deskbird platform, (d) from your listing of a workspace, or (e) from your booking of a workspace, including the provision or use of a workspace, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not deskbird has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose.
Except for our obligations to pay amounts to Workspace Partners in accordance with these Terms, in no event will deskbird’s aggregate liability arising out of or in connection with these Terms and your use of the deskbird Platform exceed CHF 100.-. The limitations of damages set forth above are fundamental elements of the basis of the bargain between deskbird and you.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
You agree to defend, indemnify, and hold harmless deskbird, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and/or your use of the deskbird Platform, including, but not limited to, (i) your User Content, (ii) your Workspace(s), (iii) any use of the deskbird Platform’s content, services, Workspaces, and products other than as expressly authorized in these Terms, (iv) your use of any information obtained from the deskbird Platform, and (v) your negligence or misuse of the deskbird Platform or a Workspace.
- Applicable Law and Jurisdiction
These Terms, including the issues of its formation and validity, shall be governed by Swiss Law, without regard to conflict of laws and international conventions. This includes issues of the formation and validity of this clause.
The exclusive place of jurisdiction for all disputes arising out of or in connection with these Terms and in relation to the subject matter of these Terms, including questions of the formation, validity, invalidity, binding nature, implementation, amendment or addendum, breach or termination of this Agreement, shall be St.Gallen-Switzerland.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the deskbird Platform (“Feedback”). If you provide deskbird with any Feedback, you hereby assign all rights of such Feedback to deskbird and agree that deskbird will have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. deskbird will treat any Feedback you provide to us as non-confidential and non-proprietary. You agree that you will not submit to deskbird any information or ideas that you consider to be confidential or proprietary.
- Entire Agreement
- General Provisions
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired. In this case, the ineffective or void provision shall be replaced by a new, legally permissible provision which comes closest to the ineffective or void provision in its economic meaning and effect. The same procedure shall be followed if a contractual gap becomes apparent.
Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
You may not assign, transfer or delegate this agreement and your rights and obligations hereunder without our prior written consent. deskbird may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion. Your right to terminate your deskbird Account at any time remains unaffected.
Unless specified otherwise, any notices or other communications to Users permitted or required by these Terms will be provided electronically and given by deskbird via email, Service notification, or messaging service (including SMS). The date of receipt will be deemed the date on which deskbird transmits the notice.
- Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or relating to these terms or the deskbird platform must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred. Should the applicable law provide a shorter timeframe in which claims have to be commenced, then that timeframe shall apply.
- Contact Us
This Site and Mobile Application is operated by deskbird AG. We welcome your comments, questions, concerns, or suggestions. Please contact us using the information below:
9000 St. Gallen
Last updated: November 04, 2020
Thank you for using deskbird! Your trust is important to us and we are committed to protecting the privacy and security of your personal information. The information that is shared with us helps us to provide a great experience with deskbird. We have a data protection officer that is committed to protecting all the personal information we collect and help ensure that personal information is handled properly worldwide.
- WHAT WE COLLECT
As a user of the deskbird Platform, we get information about you in a range of ways.
2.1 Information You Give Us
2.1.1 Information that is necessary for the use of the deskbird Platform.
We ask for and collect the following personal information about you when you use the deskbird Platform. This information is necessary for the adequate performance of the contract between you and us and to allow us to comply with our legal obligations. Without it, we may not be able to provide you with all the requested services.
- Account Information. When you sign up for a deskbird Account, we require certain information such as your first name, last name, email address, and date of birth.
- Profile and Listing Information. To use certain features of the deskbird Platform (such as booking or creating a Listing), we may ask you to provide additional information, which may include your address, phone number, and a profile picture.
- Identity Verification Information. To help create and maintain a trusted environment, we may collect identity verification information (such as images of your government issued ID, passport, national ID card, or driving license, as permitted by applicable laws) or other authentication information.
- Payment Information. To use certain features of the deskbird Platform (such as booking or creating a Listing), we may require you to provide certain financial information (like your bank account or credit card information) in order to facilitate the processing of payments.
- Communications with deskbird and other Users or Workspace Partners. When you communicate with deskbird or use the deskbird Platform to communicate with other Users or Workspace Partners, we collect information about your communication and any information you choose to provide.
2.1.2 Information you choose to give us.
You may choose to provide us with additional personal information in order to obtain a better user experience when using deskbird Platform. This additional information will be processed based on our legitimate interest or when applicable, your consent.
- Additional Profile Information. You may choose to provide additional information as part of your deskbird profile (such as gender, preferred language(s), city, and a personal description). Some of this information as indicated in your Account settings is part of your public profile page and will be publicly visible to others.
- Address Book Contact Information. You may choose to import your address book contacts or enter your contacts’ information manually to access certain features of the deskbird Platform, like inviting them to use deskbird.
- Other Information. You may otherwise choose to provide us information when you fill in a form, update or add information to your deskbird Account, respond to surveys, post to community forums, participate in promotions, communicate with our customer care team, share your experience with us, or use other features of the deskbird Platform.
2.1.3 Information that is necessary for the use of the Payment Services.
deskbird needs to collect the following information necessary for the adequate performance of the contract with you and to comply with applicable law (such as anti-money laundering regulations). Without it, you will not be able to use Payment Services:
- Payment Information. When you use the Payment Services, the Payments Data Controller requires certain financial information (like your bank account or credit card information) in order to process payments and comply with applicable law.
- Identity Verification and Other Information. If you are a Workspace Partner, deskbird may require identity verification information (such as images of your government issued ID or a recent trade register excerpt) or other authentication information, your date of birth, your address, email address, phone number and other information in order to verify your identity, provide the Payment Services to you, and to comply with applicable law.
2.2 Information We Automatically Collect from Your Use of the deskbird Platform and Payment Services.
When you use the deskbird Platform and the Payment Services, we automatically collect personal information about the services you use and how you use them. This information is necessary for the adequate performance of the contract between you and us, to enable us to comply with legal obligations and given our legitimate interest in being able to provide and improve the functionalities of the deskbird Platform and Payment Services.
- Geo-location Information. When you use certain features of the deskbird Platform, we may collect information about your precise or approximate location as determined through data such as your IP address or mobile device’s GPS to offer you an improved user experience. Most mobile devices allow you to control or disable the use of location services for applications in the device’s settings menu. deskbird may also collect this information even when you are not using the app if this connection is enabled through your settings or device permissions.
- Usage Information. We collect information about your interactions with the deskbird Platform such as the pages or content you view, your searches for Listings, bookings you have made, and other actions on the deskbird Platform.
- Log Data and Device Information. We automatically collect log data and device information when you access and use the deskbird Platform, even if you have not created an deskbird Account or logged in. That information includes, among other things: details about how you’ve used the deskbird Platform (including if you clicked on links to third party applications), IP address, access dates and times, hardware and software information, device information, device event information, unique identifiers, crash data, cookie data, and the pages you’ve viewed or engaged with before or after using the deskbird Platform.
- Do Not Track Signals. While you may disable the usage of cookies through your browser settings, the deskbird Platform currently does not respond to a “Do Not Track” signal in the HTTP header from your browser or mobile application due to lack of standardization regarding how that signal should be interpreted.
- Payment Transaction Information. deskbird collects information related to your payment transactions through the deskbird Platform, including the payment instrument used, date and time, payment amount, payment instrument expiration date and billing postcode, PayPal email address, IBAN information, your address and other related transaction details. This information is necessary for the adequate performance of the contract between you and deskbird and to allow the provision of the Payment Services.
2.3 Information We Collect from Third Parties.
deskbird may collect information, including personal information, that others provide about you when they use the deskbird Platform and the Payment Services, or obtain information from other sources and combine that with information we collect through the deskbird Platform and the Payment Services. We do not control, supervise or respond for how the third parties providing your information process your personal information, and any information request regarding the disclosure of your personal information to us should be directed to such third parties.
- Third Party Services. If you link, connect, or login to your deskbird Account with a third party service (e.g. Google, Facebook), the third party service may send us information such as your registration, friends list, and profile information from that service. This information varies and is controlled by that service or as authorized by you via your privacy settings at that service.
- Your References. If someone has written a reference for you, it will be published on your deskbird public profile page with your consent.
- If you are a Corporate Customer, your employer may provide us with your first name, last name, email address, position and date of birth.
- If you are invited to deskbird, the person who invited you may submit personal information about you such as your email address or other contact information.
- Other Sources. To the extent permitted by applicable law, we may receive additional information about you, such as demographic data or information to help detect fraud and safety issues, from third party service providers and/or partners, and combine it with information we have about you. For example, we may receive background check results (with your consent where required) or fraud warnings from service providers like identity verification services for our fraud prevention and risk assessment efforts. We may receive information about you and your activities on and off the deskbird Platform through partnerships, or about your experiences and interactions from our partner ad networks.
2.4 Children’s Data.
Our websites and applications are not directed to children under 16 and we do not knowingly collect any personal information directly from children under 16. If you believe that we processing the personal information pertaining to a child inappropriately, we take this very seriously and urge you to contact us using the information provided under the “Contact Us” section below.
- WHAT WE USE YOUR DATA FOR
We use your personal information as follows:
- to perform our contractual duties to the Users and Workspace Partners;
- to adhere to legitimate interests of deskbird or third parties in accordance with art. 6 para. 1 (f) GDPR;
- to operate, maintain, support, and improve the deskbird Platform;
- to respond to comments and questions and provide customer service;
- to send information including confirmations, invoices, technical notices, updates, security alerts, and support and administrative messages;
- to communicate about promotions, upcoming events, and other news about products and services offered by us and our selected partners;
- to process and deliver contest entries and rewards;
- to link or combine user information with other personal information;
- to protect, investigate, and deter against the fraudulent, unauthorized, or illegal activity.
- to provide and deliver products and services customers request;
- to verify the booking of Workspaces;
- to verify that you are an employee eligible to use the deskbird Platform and that you are the person who made the applicable booking;
- to enhance the safety and security of our Users and the deskbird Platform;
- to comply with any other legal obligations we have under the applicable law.
- SHARING OF PERSONAL INFORMATION
We may share personal information as follows:
- with other Users of the deskbird Platform. For example, if you book a Workspace using the deskbird Platform, we share your name, photo, employer, and check in / check out time with the Workspace Partner and their agents. If you are using the deskbird Platform to book space as an employee, we share information with your employer in an aggregated format, including location data, when you check in to space, how long you’ve been at the location, and when you leave.
- with your consent. For example, you may let us share personal information with a third party service provider. Those uses will be subject to their privacy policies.
- when we do a business deal or negotiate a business deal, involving the sale or transfer of all or a part of our business or assets. These deals can include any merger, financing, acquisition, or bankruptcy transaction or proceeding.
- for legal, protection, and safety purposes.
- We may share information to comply with laws.
- We may share information to respond to lawful requests and legal processes.
- We may share information in an emergency, including situations where we share information to protect the safety of our employees and agents, our customers, or any person.
- with those who need it to do work for us, including payment processors and facilitators, marketing partners, cloud storage providers, data analytics providers, consultants, and insurance and financing partners.
We may also share aggregated and/or anonymized data with others for their own uses.
- TRANSFER OF DATA TO THIRD STATES OR TO INTERNATIONAL ORGANISATIONS
The transfer of data to legal entities and governmental bodies outside of Switzerland (“Third States”) may occur if it is necessary for the performance of our contractual or legal duties or if it is necessary for the execution of their commissions (e.g. data analytics) or if you have agreed to the transfer in advance.
Please contact us if you would like to request a copy of the relevant guarantees applied to the transmission of your information.
- DURATION OF STORAGE
We use and store your information as long as it is required for the performance of our contractual and legal duties. Please note, that our contractual agreements include continuing obligations which can last for several years.
If the data are no longer required for the fulfilment of contractual or legal obligations, they are regularly deleted, unless their – temporary – further processing is necessary for the following purposes:
- Fulfilment of commercial and tax law retention obligations: In particular the Swiss Code of Obligations, the Value Added Tax Act, the Federal Act on Direct Federal Tax, the Federal Act on Harmonization of the Direct Taxes of the Cantons and Municipalities, the Federal Act on Stamp Duties and the Federal Act on the Withholding Tax.
- YOUR DATA PROTECTION RIGHTS
Every data subject has the right of access in accordance with Article 8 FADP (Article 15 GDPR), the right to rectification in accordance with Article 5 FADP (Article 16 GDPR), the right to erasure in accordance with Article 5 FADP (Article 17 GDPR), the right to restriction of processing in accordance with Article 12, 13, 15 FADP (Article 18 GDPR), the right to object in accordance with Article 4 FADP (Article 21 GDPR) and – where applicable – the right to data portability in accordance with Article 20 GDPR. In addition, as far as applicable to you, you have the right to lodge a complaint with a supervisory authority (Article 77 GDPR).
You can revoke your consent to the processing of personal data at any time. Please note that the revocation is only effective for the future. Processing that took place before the revocation is not affected.
- YOUR DUTY TO PROVIDE PERSONAL DATA
Within the scope of our business relationship, you must provide us with the personal data that is necessary for the establishment and execution of a business relationship and the fulfillment of the associated contractual obligations or that we are legally obligated to collect. Without this data, we will generally not be able to conclude or execute the contract with you.
In particular, we may be obliged under money laundering regulations to identify you by means of your identification document before establishing the business relationship and to collect and record your name, place and date of birth, nationality, address and identification data. In order for us to be able to comply with this legal obligation, you must provide us with the necessary information and documents in accordance with the Swiss Federal Money Laundering Act, and you must register with us in the course of to notify us immediately of any changes resulting from the business relationship. If you do not provide us with the necessary information and documents, we may not enter into or continue the business relationship you have requested.
- AUTOMATED INDIVIDUAL DECISION-MAKING AND PROFILING
As a matter of principle, we do not use fully automated automatic decision making in accordance with Article 22 GDPR to establish and execute the business relationship. Should we use these procedures in individual cases, we will inform you of this separately if this is required by law.
We process some of your data automatically with the aim of evaluating certain personal aspects (profiling). We use profiling in the following cases, for example:
- in order to provide you with targeted information and advice on products, we use evaluation instruments. These enable communication and advertising in line with demand, including market and opinion research.
- INFORMATION CHOICES AND CHANGES
Our marketing emails tell you how to “opt-out.” If you opt out, we may still send you non-marketing emails. Non-marketing emails include emails about your accounts and our business dealings with you.
You can typically remove and reject cookies from our website with your browser settings. Many browsers are set to accept cookies until you change your settings. If you remove or reject our cookies, it could affect how our website works for you.
You can stop all collection of information by the applications discontinuing use of the Services. You can also request to opt-out via email, at email@example.com.
You can access and edit most of your basic account information right in our applications.
If you let us use your information, you can always change your mind and simply revoke your permission by changing the settings on your device if your device offers those options. Of course, if you do that, certain Services may lose full functionality.
If for some reason you ever want to delete your account, you can do so within our applications.
You may send requests about personal information using our contact information below.
- INFORMATION ON THE RIGHT TO OBJECT AND CONTACT INFORMATION
Right to object to the processing of data for direct marketing purposes
In individual cases, we process your personal data for direct advertising purposes. You have the right to object at any time to the processing of personal data affecting you for the purpose of such advertising; this also applies to profiling, insofar as it is used in connection with such direct advertising.
If you object to the processing for the purpose of direct advertising, we will not no longer process personal data for these purposes.
Right of objection in individual cases
You have the right to object at any time, on grounds relating to your particular situation, to the processing of personal data concerning you which is carried out on the basis of Article 6 paragraph 1 letter e) FDPR (data processing in the public interest) and Article 6 paragraph 1 letter f) FDPR (data processing based on a balancing of interests); this also applies to profiling within the meaning of Article 4 No. 4 FDPR based on this provision.
If you lodge an objection, we will no longer process your personal data unless we can demonstrate compelling reasons for processing which are worthy of protection and which outweigh your interests, rights and freedoms, or unless the processing serves to assert, exercise or defend legal claims. We ask you to note that in such cases we will not be able to provide services and establish or continue a business relationship with you.
The objection can be made without formality and should be addressed if possible to:
Data Protection Officer
9000 St. Gallen
Or via email at: firstname.lastname@example.org