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Last updated: September 9, 2021
Effective Date: October 19, 2021
General
1. Overview. Certain services provided by WeWork Companies LLC or its current or future affiliates (together, “WeWork”, “we” or “us”) may require that a user (“User” or “you”) register for and maintain an account (“Account”) to use or access certain features of your WeWork membership. These WeWork terms of use (the “Terms of Use”) describe your rights and obligations in connection with your use of the WeWork application (the “WeWork App”). Please read these Terms of Use carefully, as they affect your legal rights. If you have any questions about these Terms of Use, please reach out to us with the subject line “WeWork App Terms of Use” (i) at on-demand-support@wework.com if you are a WeWork On Demand Member (defined below) or (ii) by using the Support feature in the WeWork App for all other Members (defined below).
THESE TERMS OF USE INCLUDE PROVISIONS REGARDING FUTURE CHANGES TO THE TERMS HEREIN, LIMITATIONS OF LIABILITY, WAIVER OF CLASS ACTIONS, AND RESOLUTION OF DISPUTES BY ARBITRATION INSTEAD OF IN COURT. BY ACCESSING OR USING THE WEWORK APP IN ANY WAY, YOU ARE AGREEING TO ABIDE AND BE BOUND BY THESE TERMS OF USE.
For clarity, these Terms of Use apply to your use of the WeWork App and set out the general requirements applicable to your applicable WeWork Account. The terms governing your use of our physical space or payment in respect of your access to WeWork locations under (i) each booking made as part of your WeWork On Demand membership shall be the WeWork On Demand Membership Terms and Conditions or (ii) for any WeWork membership that is not a WeWork On Demand membership, the terms and conditions you agreed to and/or signed in connection with such membership (each, the “Terms and Conditions”).
2. Additional policies, terms and services. You acknowledge that your use of the WeWork App is also subject to our Global Privacy Policy, available at www.wework.com/legal/privacy. If you have any questions about our privacy practices, please contact us at privacy@wework.com. Occasionally, additional features, tools or services may be made available to you through the WeWork App. Additional terms may apply to such additional services, and to the extent you are receiving any additional services, the applicable additional terms are hereby incorporated into these Terms of Use.
3. Who we are. Who we are for purposes of these Terms of Use is WeWork Companies LLC or one or more of its current or future affiliates. Our registered office is 251 Little Falls Drive, Wilmington, Delaware 19808, United States. Our employer identification number (EIN) is 46-2918595. We reserve the right to change the legal entity responsible for this WeWork App.
4. Who you are. References to “you,” “your”, or “Member” and similar words in these Terms of Use refer to the individual registering or registered by a primary account holder for an Account for any of the WeWork membership products and therefore you agree to be bound by these Terms of Use. 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), pursuant to the Terms and Conditions applicable to such company or entity’s membership agreement. By agreeing to these Terms of Use, you are confirming that you are using the WeWork App for business purposes and not as a consumer (as defined in Regulation 4 of the UK Consumer Contracts Regulations or similar regulations in the jurisdiction in which you are located).
5. What the WeWork App is not. As used in these Terms of Use, “WeWork App” does not include, and we are not involved in or liable for, the provision of any products or services by third parties (including other WeWork members) (“Third Party Services”) that you may encounter through the use of the WeWork App or that you may elect to purchase in connection with your WeWork membership. Third Party Services are provided solely by the applicable third party (“Third Party Service Providers”) and pursuant to separate arrangements between you and the applicable Third Party Service Providers. The Third Party Service Providers’ terms and conditions will control with respect to the relevant Third Party Services.
6. How we might change these Terms of Use. The availability of the WeWork App and the content and services you access or use through the WeWork App are subject to change from time to time in our sole discretion, and we may change, suspend, or discontinue all or part of the WeWork App at any time in our sole discretion in accordance with applicable law. From time to time, we may also make modifications, deletions or additions to these Terms of Use. To the extent permitted by law, we may also impose limits on or restrict your access to the WeWork App without notice or liability. If we make changes to these Terms of Use, where required by law, or at our discretion, we will post the changes to these Terms of Use or to the services we provide that apply to you by emailing the last email address provided by you in your profile or by posting a notice on the WeWork App at least thirty (30) days before the amendment comes into effect, and will indicate at the top of this page the date these Terms of Use were last revised. Such notice will set out the new clause, or the amended clause and how it reads formerly, and the date on which the change will come into effect. Most changes will be effective within 30 days of notice unless otherwise permitted by applicable law. You may refuse the amendment and rescind, or cancel your Account without cost, penalty or cancellation indemnity, by sending us notice to that effect no later than thirty (30) days after the amendment comes into force, using the information in the notice. To the fullest extent permitted by applicable law, your continued use of the WeWork App following the date specified in such notice of any changes to these Terms of Use constitutes acceptance of those changes, which will apply to your continued use of the WeWork App going forward. Your use of the WeWork App is subject to the Terms of Use in effect at the time of such use.
Creating Your WeWork App Account
7. Eligibility. You must be at least the age of legal majority in your jurisdiction to use any services that require payment by you (as applicable, the “Eligibility Age”). Further restrictions may apply as set forth in the Terms and Conditions. No one under the Eligibility Age may use the WeWork App or provide any personal information through the WeWork App (e.g., name, address, telephone number or email address). You agree to provide us with accurate and complete information about yourself when you register for an Account and as you use the WeWork App. By using the WeWork App in any way, you represent and warrant that you meet the requirements in these Terms of Use or as otherwise specified by us from time to time, including the Eligibility Age.
8. Passwords. Do not reveal your Account password or other access credentials to anyone else (or let them use your Account), even if such other individual is associated with your company. You are responsible for maintaining the confidentiality of your password and security of your Account. If you believe someone may have used your Account without your authorization, please change your password and contact us (i) at on-demand-support@wework.com if you are a WeWork On Demand Member or (ii) by using the Support feature in the WeWork App for all other Members. You are responsible for all actions in connection with your Account, regardless of whether you authorized such actions. Although WeWork will not be liable for your losses caused by any unauthorized use of your Account, you may be liable for the losses of WeWork or others due to such unauthorized use.
9. Content. The information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the WeWork App (collectively, “Content”) are contributed by WeWork, our partners, and various third parties. The Content and the WeWork App are protected by the laws of the United States of America (“U.S.”) and international copyright laws. We and our licensors retain all proprietary rights in the WeWork App and the Content made available on or through the WeWork App, except as expressly set forth in these Terms of Use, no rights are granted to any Content. As between us, WeWork’s Content includes the name WEWORK and any pictures or illustrations of our locations, which are subject to the terms of Section 10 below and may not be used for advertising, publicity or any other purpose without our prior consent.
10. Intellectual Property.
Ownership. As between you and us, we own all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to (a) the WeWork App; (b) all related software and technology used by us to provide WeWork App features and functionality and (c) all usage and other data generated or collected in connection with the use thereof.
License Grant. By downloading this WeWork App, subject to your compliance with these Terms of Use, we grant you a limited, nonexclusive, nontransferable, revocable license to install and use the WeWork App on a compatible mobile device that you own or control for your use, in each case in the manner enabled by us, for so long as you remain in good standing with your applicable WeWork membership. Subject to these Terms of Use, we grant each user of the WeWork App a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the WeWork App. You do not acquire any ownership rights in or to any of our intellectual property by accessing or using the WeWork App.
License Restrictions. Except as expressly set forth herein, you agree not to license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from or otherwise make any unauthorized use of any of the foregoing, including without limitation, the WeWork App and Content. In addition, you agree not to reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or underlying ideas, algorithms or trade secrets of the WeWork App or any other software or technology of ours, except to the extent expressly required by applicable statutory law. You may not take, copy or use for any purpose (a) the name “WeWork” or any of our other business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property; (b) any modified, altered or similar versions of the same or (c) any pictures or illustrations of any portion of any WeWork properties, including any properties on which WeWork provides any services (“Premises”), for any purpose, including any competitive purposes, without our prior consent. You may not use any Content, data or other information you receive or access in connection with the WeWork App to solicit any of WeWork’s customers or partners, or other individuals or entities you encounter in connection with your use of the WeWork App, in a manner that could be considered competitive or harmful to WeWork, as determined by WeWork in its discretion.
11. Advertisements. In using the WeWork App, you may encounter advertisements for Third Party Services by Third Party Services Providers and our other business partners, which may be targeted to you based on certain information you provide to us or that we collect based on your use of the WeWork App or other WeWork services. The types and extent of advertising are subject to change. In consideration for us granting you access to and use of the WeWork App, you agree that we, such Third Party Service Providers and our other business partners may provide you with such advertising from time to time.
Mobile Services and Data Charges.
12. Data Charges. The services provided in connection with the WeWork App may include certain services available via your mobile phone, including but not limited to (i) the ability to book and/or purchase desks and conference rooms via your mobile phone, (ii) the ability to receive messages related to your applicable WeWork membership, including by email, text and push notifications, and to reply to certain such messages, (iii) the ability to browse WeWork offerings from your mobile phone and (iv) the ability to access certain features related to your applicable WeWork membership through the WeWork App (collectively, the “Mobile Services”). We do not charge for these Mobile Services, however, your carrier’s normal messaging, data and other rates and fees will still apply.
13. Device and Carrier Compatibility. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you regarding WeWork, your applicable WeWork membership, and other WeWork products by SMS, MMS, text message or other electronic means to your mobile device.
14. Apple Device and Application Terms. In the event you are accessing the WeWork App on a device provided by Apple Inc. (“Apple”) or an application obtained through the Apple App Store, the following shall apply:
Both you and WeWork acknowledge that these Terms of Use are concluded between you and WeWork only, and not with Apple, and that Apple is not responsible for the WeWork App or any content made available through the WeWork App;
The WeWork App is licensed to you on a limited, non-exclusive, non-transferrable, non-sublicensable basis, solely to be used in connection with your private, personal, non-commercial use of the WeWork App, subject to all the terms and conditions of these Terms of Use;
You will only use the WeWork App in connection with an Apple device that you own or control;
You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the WeWork App;
In the event of any failure of the WeWork App to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the WeWork App;
You acknowledge and agree that WeWork, and not Apple, is responsible for addressing any claims you or any third party may have in relation to the WeWork App;
You acknowledge and agree that, in the event of any third party claim that the WeWork App or your possession and use of the WeWork App infringes that third party’s intellectual property rights, WeWork, and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim;
You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties;
Both you and WeWork acknowledge and agree that, in your use of the WeWork App, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and
Both you and WeWork acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these terms, and that upon your acceptance of these terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these terms against you as the third party beneficiary hereof.
Account termination
15. WeWork App Account for WeWork services; termination. An Account is required to access and use certain WeWork services including but not limited to services related to WeWork On Demand, so you may not be able to terminate your Account while you intend to continue receiving such services, including but not limited to, reserving seats under a WeWork On Demand membership. In the event that you do want to terminate your Account, you acknowledge and agree that you are giving up your ability to access and use any WeWork services requiring an Account. You can terminate your WeWork App Account by contacting us (i) at on-demand-support@wework.com if you are a WeWork On Demand Member or (ii) by using the Support feature in the WeWork App for all other Members.
16. Termination by us. If you fail, or if we suspect that you have failed, to comply with any of the provisions of these Terms of Use or any other WeWork policies, rules or guidelines, or at any other time when we in our discretion see fit to do so, we may, at our sole discretion, restrict your access to your Account and the WeWork App and/or terminate your Account or your membership with immediate effect and possibly without prior notice to you. If your WeWork membership or your company’s WeWork membership expires or is terminated, and you do not enter into a different WeWork membership, either directly or through another company, we may terminate your Account, as well as all other accounts associated with you or your business, if any.
17. Waiver and release of claims. The WeWork App is provided “AS IS”. To the extent permitted by law, WeWork and our affiliates, parents, and successors and each of our and their employees, assignees, officers, agents and directors (collectively, the “WeWork Parties”) (i) disclaim all warranties and terms, express or implied, with respect to the WeWork App, including warranties, terms or representations as to the availability, operation, performance and/or use of the WeWork App, or any other services or materials on or accessed via the WeWork App, including any warranties or terms of merchantability, fitness for a particular purpose, title, non-infringement and any implied warranties, terms or indemnification arising from course of dealing, course of performance or usage in trade and (ii) will not be liable for any indirect, special, incidental, exemplary, punitive or consequential damages, business interruption or loss of profits, or damages for lost time, goodwill or data, even if advised of the possibility of such damages and regardless of the form of action, whether in contract, tort, strict liability or otherwise. To the extent permitted by law, you, on your own behalf and on behalf of your employees, agents, guests and invitees, (i) waive any and all claims, liabilities, costs, damages, expenses and rights, including reasonable attorneys’ fees (“Claims”) against the WeWork Parties resulting from your use of the WeWork App and (ii) release the WeWork Parties from any such Claims; provided, however, that such waiver of claims shall not apply to the extent such Claims arise from the gross negligence, willful misconduct, or fraud of the WeWork Parties. You shall and hereby do waive your rights under the law of any jurisdiction, which provides in substance: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or settlement with the debtor or released party.”
18. Exclusions. Some jurisdictions do not allow the exclusion of certain implied warranties or limitations on applicable statutory rights of a consumer, so the exclusion and limitations in Section 17 may not apply to you and nothing will affect your statutory rights.
Indemnification
19. You agree to hold us harmless. To the extent permitted by law, you will indemnify and hold harmless the WeWork Parties from and against any and all Claims resulting from any breach of these Terms of Use by you or your employees or guests, or your or their agents or invitees or any of your or their actions or omissions, and WeWork will have sole control over the defense of any such Claims. You shall not make any settlement that requires a material act or admission by any of the WeWork Parties, imposes any obligation upon any of the WeWork Parties or does not contain a full and unconditional release of the WeWork Parties, without our written consent. None of the WeWork Parties shall be liable for any settlement made without its prior written consent.
20. You agree to cooperate with us. From time to time, we may investigate any actual, alleged or potential violations of these Terms of Use. You agree to cooperate fully in any of these inquiries. You waive any and all rights against the WeWork Parties, and agree to hold them harmless in connection with any claims relating to any action taken by us as part of our investigation.
21. GOVERNING LAW; ARBITRATION AND CLASS ACTION WAIVER
Governing Law. Except as otherwise required by law and subject to Section 21(e) below, these Terms of Use and any matters directly and exclusively related to the WeWork App shall be governed by and construed under the law of the State of New York, U.S.A. and the United States without regard to conflicts of laws provisions thereof and without regard to the United Nations Convention on Contracts for the International Sale of Goods or New York’s or any other implementation of the Uniform Computer Information Transactions Act or New York’s or any other implementation of the Uniform Computer Information Transactions Act. Any matters otherwise related to your membership shall be governed by the governing law set forth in the Terms and Conditions.
Venue; Dispute Resolution. Except that either party may seek equitable or similar relief from any court of competent jurisdiction, any dispute, controversy or claim arising out of or in relation to this Agreement, or at law, or the breach, termination or invalidity of this Agreement, that cannot be settled amicably by agreement of the parties to this Agreement shall be finally settled in accordance with the arbitration rules of JAMS then in force, by one or more arbitrators appointed in accordance with said rules. The place of arbitration shall be New York, New York, U.S.A.
Proceedings; Judgment. The proceedings shall be confidential and in English. The award rendered shall be final and binding on both parties. Judgment on the award may be entered in any court of competent jurisdiction. In any action, suit or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover, in addition to any other relief awarded, the prevailing party’s reasonable attorneys’ fees and other fees, costs and expenses of every kind in connection with the action, suit or proceeding, any appeal or petition for review, the collection of any award or the enforcement of any order, as determined by the arbitrator(s) or court, as applicable. This Agreement shall be interpreted and construed in the English language, which is the language of the official text of this Agreement.
Class Action Waiver. Any proceeding to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor we will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings. You and we also agree not to participate in claims brought in a private attorney general or representative capacity, or any consolidated claims involving another person's account, if we are a party to the proceeding. You are giving up your right to participate as a class representative or class member on any class claim you may have against us including any right to class arbitration or any consolidation of individual arbitrations.
Enforceability. If the class action waiver at Section 21(d) is found to be unenforceable in arbitration or if any part of this Section 21 is found to be invalid or unenforceable, then the entirety of this Section 21 shall be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue of New York, New York, U.S.A. shall govern any action arising out of or related to the Agreements, without regard to choice or conflicts of law principles, and you shall not be prevented from bringing proceedings at any time. Further, you and WeWork agree to the jurisdiction of the courts of New York, New York, U.S.A to resolve any dispute, claim, or controversy that arises in connection with these Terms of Use (and any non-contractual disputes/claims arising out of or in connection with them), except where under applicable mandatory laws, you can choose to bring legal proceedings in your country of residence, or we are required to only bring legal proceedings in your country of residence.
Miscellaneous
22. Entire Agreement. These Terms of Use as well as any feature-specific or other guidelines, terms or rules that may be posted or provided to you by WeWork and related to the WeWork App constitute the entire agreement between us regarding the WeWork App and supersedes and merges any prior proposals, understandings and contemporaneous communications.
23. What if some of these terms of service are not enforceable? To the extent you are a consumer, nothing in these Terms of Use or in any additional terms shall affect your statutory rights under applicable consumer law. If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect and enforceable. Our failure to enforce any part of these Terms of Use shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Use. In order for any waiver of compliance with these Terms of Use to be binding, we must provide you with written notice of such waiver. The failure of either party to enforce its rights under these Terms of Use at any time for any period will not be construed as a waiver of such rights, and the exercise of one right or remedy will not be deemed a waiver of any other right or remedy.
24. How can you notify us? If you have any questions, complaints, or claims with respect to the WeWork App, you may contact us at Attn: WeWork App, c/o WeWork Companies LLC, 575 Lexington Avenue, 12th Floor, New York, NY 10022, or (i) via email at on-demand-support@wework.com if you are a WeWork On Demand Member or (ii) by using the Support feature in the WeWork App for all other Members.