This isn't your everyday Terms of Service.
We're people with a purpose. Please read this thoroughly and keep it. It will answer most of your questions.
Cohere, LLC: The Members are the people, coworkers, groups and community. The Space is the building located at 418 South Howes.
We are a gathering of people finding a way to work better together, focusing on participation, helpfulness and friendship.
The members of Cohere share a fundamental desire to live and work flexibly, be social, help one another and welcome everyone into the community.
How to BElong to Our Community:
BE yearning for interaction.
BE willing to introduce yourself, make friends and help.
BE ready to participate in impromptu and planned events.
BE eager to help everyone feel proud of our space and the people in it.
BE prepared for abundance.
Your Responsibilities (Cohere RULES! ;)
Cohere is quite different from your average working environment. We're not a serviced or fully staffed office, and the following things help us keep our prices accessible. In order to keep things ticking nicely, here are some essentials we ask everyone to be mindful of when using the space.
Participation is an extreme sport. You break or lose it, you replace it.
Bring problems with plumbing, electrical, HVAC, roof, flooding, broken keypads, natural disasters, etc. to the attention of a staff member (Angel, Emma or another Community Cultivator).
Conduct: Cohere is a safe space for people of any race, gender, sexual orientation or religion. Any member who acts or speaks in a way that impedes the safety of any other member will be educated and/or asked to leave our community. It is your responsibility to bring issues to the attention of staff if talking directly with the person is not feasible for safety reasons.
Never give out Cohere key codes to anyone.
Learn how to reset the Comcast router and use this as a first defense against an internet outage.
Your credit card is charged automatically on your membership renewal date. Make changes to your memberhship prior to your renewal date. We can not issue refunds.
Engage in meaningful greetings. Pop in and out of all areas and offices to connect with one another.
Equipment and professional liability is your own responsibility (our insurance can’t cover it). Ask your insurance provider for "renter’s insurance."
Cleaning up after yourself, washing your dishes and tidying up is everyone’s responsibility. We work together to maintain a space we feel proud of.
Leave the spaces as you found them, or in better shape. (This includes cleaning up after your guests.)
Be responsible and respectful with your internet usage. No bit-torrent, porn or illegal activities. Respect other people’s privacy, confidentiality, safety, property and data. If the law comes looking for you, we will give you up immediately.
The last member out of each space is responsible for closing windows, shutting off lights and firmly closing all keypad-equipped doors.
Parking permits are $10/month and allow you to compete for our 14 spaces. Enforced M-F 7a-6p. A bike rack is located east of the building near the trash cans. Emergency bike parking (forgot your lock, rack is full) is on the raised outdoor patio only.
If you can’t use all of your allotted coworking days in a week, those days can be used within your invoice month but do not carry over to the next month.
Dogs are not allowed with the exception of a couple pups who are grandmothered in.
Children over the age of 12 are allowed with their parent if space allows. It is preferred that you reserve a conference room when you need to bring your family with you.
Cohere members will usually sign for other members’ packages, but it isn’t guaranteed. Plan accordingly.
Your Needs and Rights
All Cohere memberships include access to the community and its resources, with only a couple of specific exceptions.
All memberships include:
A productive, enjoyable place to work 24/7.
Internet, desks, power and coffee.
An incredible community of smart, friendly and helpful coworkers from all over Fort Collins and beyond.
Exceptions for Wayfarers, Neighbors and Private Office Members
Wayfarer, neighbor and private office members may be assigned a shared mailbox if requested, based on availability.
Neighbor members have their own "permanent" desk where they can leave their belongings.
Private office members have their own lockable offices.
Private offices can have 2 members. Each person after that will be an additional $25/month per person.
Private office members pay a damage deposit equivalent to one month of membership at sign-up and 30 days’ notice is required to terminate office membership. A damage deposit is retained for damages that exceed normal office wear and tear including but not limited to:
Spills on carpet that require professional cleaning: $125.
Holes larger than push-pin size that have to be filled and painted on walls/ceilings: up to $500. (Please use Command removable adhesives to hang things on walls.)
A replacement for a physical key: $25.
Broken fixture, window or door glass: cost of replacement + $20/hour staff time required.
Cohere keeps data such as your email address and contact information in google drive for the purpose of staff coordination and communication with members. Cohere will never sell or distribute your email address or contact information unless it is to connect you with another member when there is mutual interest in a topic.
When you leave Cohere, you have the option to delete all your data within Cobot however your email address and any email communication with staff is retained in gmail and may be accessible to staff in google drive revision history.
Cobot is the web platform used by Cohere to provide this website.
1.1. Upstream-Agile GmbH, Adalbertstraße 7-8, 10999 Berlin, registered with the commercial register of the local court (Amtsgericht) of Charlottenburg under HRB 110149 B (“upstream”) provides an application to manage coworking spaces via its website www.cobot.me (the “Service” or “Services” or “Cobot”) as further specified on www.cobot.me (the “Website”).
1.2. All contractual relationships between upstream and any customer of upstream using Cobot (“Customer”, together with upstream the “Parties”, each a “Party”) shall be governed by these terms of service (“Terms of Service”). By registering on the Website or using Cobot, the Customer agrees to be bound by these Terms of Service.
1.3. Standard business conditions and/or general terms and conditions of the Customer do not apply, regardless of whether or not upstream has expressly objected to them in a particular case.
2.1. Any use of Cobot requires prior registration on the Website by creating an account (“Account”) and the acceptance of these Terms of Service. Customer must provide accurate and complete information and keep the Account information updated.
2.2. Customer is solely responsible for the activity that occurs on their Account. Customer shall keep their login data (password) confidential and prevent any unauthorized use by third parties. He shall immediately inform upstream if there are indications that any third party is misusing their account.
3.1. Offers published by upstream on the Website are non-binding.
3.2. The Customer may use Cobot for a trial run after registering. The Customer may only register for a trial run once. If a Customer registers for more than one trial run, upstream will have the right to delete these additional Accounts.
3.3. By registering on the Website according to section 2 hereof and subscribing to a subscription plan, the Customer makes a binding offer to use the respective Services. The offer shall be deemed to be accepted by upstream by making available the respective Service. Upon the acceptance of a subscription a contract governed by these Terms of Service between the Customer and upstream is concluded (the “Contract”).
4.1. The price for using Cobot depends on the number of members which are using the coworking space of the respective Customer (each a “Member”).
4.2. The Customer will be required to provide upstream with billing and account information for credit card, debit or other payment systems, such as PayPal, (each a “Payment Source”) for which the Customer is authorized to approve charges to allow upstream to collect payment from the Customer for their subscription plan. The Customer authorizes upstream to automatically and immediately bill the Payment Source when payments for subscription plans are due. The Customer shall only be allowed to raise an objection to a bill/deduction within eighty days starting from the day the deduction was made. If the objection was not raised, the deduction is deemed accepted by the Customer.
4.3. The billing of a subscription plan is made on a pre-paid basis. The payment source will be billed within five bank working days of the beginning of the chosen subscription period and then on a monthly or, as applicable, annual basis.
4.4. The prices stated on the Website are net prices excluding VAT. All other charges in connection with the use of the Services shall be borne by the Customer.
5.1. The Contract runs for an indefinite time and will remain in effect until terminated by one of the Parties in accordance with the Terms of Service.
5.2. The Parties may terminate this Contract for any or no reason at their convenience to the end of each month.
5.3. The Customer having used the trial run may unsubscribe from Cobot anytime without giving reason and without notice by using the respective button in their account.
5.4. The right of termination for cause and without notice remains unaffected for both Parties. A good cause for termination shall include, but shall not be limited to, any of the following events:
5.4.1. the Customer fails to comply with any applicable legal provisions;
5.4.2. a serious breach of the Customer of obligations arising from these Terms of Service by the Customer;
5.4.3. an attempt a denial of service attack on any of the Services by the Customer or any attempt to hack or break any security mechanism on any of the Services;
5.4.4. the Customer fails to pay the fees for the ordered Services;
5.4.5. a proceeding to wind-up the Customer or similar is brought against, or by the Customer (especially including insolvency and creditor protection scenarios and similar).
5.5. Any termination declaration shall be made via the “termination” button within the Account.
5.6. In the event of termination,
5.6.1. the Account of the Customer will be disabled and the Customer may not be granted access to their Account or any files or other content contained in the Account although residual copies of information may remain in upstream’s system;
5.6.2. any rights of use granted to Customer for using Cobot shall expire immediately and Customer shall cease to use the Services;
5.6.3. upstream will not refund any prepaid fees to Customer.
5.7. After a period of inactivity, whereby a user fails to log in to an Account for a period of nine months, upstream reserves the right to disable or terminate the Account. If an Account has been deactivated for inactivity, the subdomain associated with that Account may be given to another Customer without further notice.
6.1. Subject to these Terms of Service, and for the duration of the Contract, upstream grants the Customer a non-exclusive license to use the Services, which non-exclusive license is hereby accepted by Customer (the “License”). The License shall be granted as non-exclusive, non-assignable, non- transferable, with no right to sub-license, worldwide limited right to use the Services. Customer is responsible for its staff’s compliance with the Terms of Service.
6.2. The scope of the License shall be subject to and limited by the number of Members as agreed between upstream and the Customer.
6.3. upstream does not claim any ownership in any of the content uploaded, transmitted or stored by the Customer in its Account. upstream will not use any of such content for any purpose except to provide the Customer with the Services.
7.1. The Customer agrees that they are responsible for their own communications and for any consequences thereof. The Customer shall act according to the destined functions of the Website and Services. Any inappropriate or illegal use, manipulation, or change of the Website and Services is prohibited. In particular, the Customer shall, shall not agree to, and shall not authorize or encourage any third party to:
7.1.1. use the Service to upload, transmit or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains malware or is otherwise objectionable as reasonably determined by upstream;
7.1.2. upload, transmit or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual or fiduciary rights or obligations;
7.1.3. prevent others from using the Service; or
7.1.4. use the Service for any fraudulent or inappropriate purpose.
7.2. upstream reserves the right to delete any infringing content according to this section 7, terminate the Services and/or suspend Accounts of a Customer that is violating any of these Terms of Service, in particular this section 7.
The Customer represents and warrants that (i) all information provided by them to upstream to participate in the Services is correct and current; and (ii) the Customer has all necessary right, power and authority to enter into the Contract and to perform the acts required of Customer hereunder.
9.1. The Customer will indemnify, defend, and hold harmless upstream and its officers, directors, employees for any and all claims, suits, litigation, causes of action, losses, damages, expenses, costs (including court costs and attorneys’ fees) and liabilities (“Losses”) that arise out of, or in connection with (i) the Customer’s use of the Website and/or Services; (ii) any breach by the Customer of any warranty defined in section 8; (iii) any claim that the Customer’s content distributed via the Services caused damage to a third party.
9.2. In cases of an aforementioned enforcement of claims by third parties, the Customer will provide upstream with all their information that is needed for the examination of the claim and for the defense against it. The Customer provides the information immediately, truthfully, and completely.
9.3. The regulation of liability of the Customer or their obligation of indemnification shall apply to the same extent in the event of an act of a Member of the Customer.
10.1. upstream’s liability for damages caused by or related to the exercise of rights and obligations under this Agreement shall be excluded. The limitation of liability shall not cover
10.1.1. damage from injury to life, body or health caused by upstream;
10.1.2. damages caused by upstream that are a result of willful intent or gross negligence;
10.1.3. damages caused by upstream as a result of slight negligence in the event of upstream’s breach of an essential contractual obligation which is indispensable for the duly execution of the contract and thereby jeopardizes the achievement of the contract purpose and such damage is typically foreseeable at the time of the infringement;
10.1.4. upstream’s liability in the event of the assumption of a warranty if an obligation infringement covered thereby triggers upstream’s liability.
10.2. Liability under the Product Liability Act (Produkthaftungsgesetz) shall remain unaffected.
10.3. The limitations and/or restrictions of upstream’s liability shall also apply to the personal liability of its legal representatives and vicarious agents.
10.4. upstream will not be liable hereunder by reasons of any failure to timely perform its services due to an event beyond its reasonable control, including acts of God.
The Customer agrees that upstream may use information of the Customer provided by them (i.e. the name/trademark) for marketing purposes as reference on the Website. The Customer may withdraw such consent by writing an email to upstream to firstname.lastname@example.org.
13.1. These Terms of Service shall be governed by the laws of the Federal Republic of Germany excluding the Convention on Contracts for the International Sale of Goods (CISG) and the conflict of laws provisions. Both Parties submit to the exclusive jurisdiction of the courts of Berlin.
13.2. Should any provision of this Terms of Service be or become invalid, ineffective or unenforceable as a whole or in part, the validity, effectiveness and enforceability of the remaining provisions shall not be affected thereby. Any such invalid, ineffective or unenforceable provisions shall be deemed replaced by such valid, effective and enforceable provision as come closest to the economic intent and purpose as of such invalid, ineffective or unenforceable provisions as regard subject-matter, amount, time, place and extent. The aforesaid shall apply mutatis mutandis to any gap in these Terms of Service if any court has confirmed such proceeding.
13.3. upstream reserves the right to change these Terms of Service at any time without indicating the reasons. upstream will notify Customer of the changed Terms of Service on the Website or via email no later than two (2) weeks before the refined terms will take effect. In case Customer objects the new Terms of Service they may terminate the Contract with a period of two (2) weeks upon receipt of the information about the changes by upstream via the “termination” button within the Account.