Last updated: September 9, 2021
Effective Date: October 19, 2021
Creating Your WeWork App Account
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 email@example.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.
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 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:
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.
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 firstname.lastname@example.org if you are a WeWork On Demand Member or (ii) by using the Support feature in the WeWork App for all other Members.
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.
21. GOVERNING LAW; ARBITRATION AND CLASS ACTION WAIVER
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.
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 email@example.com if you are a WeWork On Demand Member or (ii) by using the Support feature in the WeWork App for all other Members.