Fexspace terms of service
Last updated May 30, 2020
These Terms of Service establish a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and [business entity name] (“we,” “us” or “our”), concerning your access to and use of fexspace cloud application, mobile app or the website as well as any other media form, media channel or otherwise connected thereto.
You agree that by accessing and using this website (THE “WEBSITE” INCLUDING THE FEXSPACE CLOUD APPLICATION, MOBILE APP OR THE WEBSITE), you have read, understood, and agree to be bound by all of these Terms of Service. If you do not agree with all of these Terms of Service, then you are expressly prohibited from using the Site and you must discontinue use immediately.
Supplemental Terms of Service or documents that may be posted on the Website from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason.
We will alert you about any changes by updating the “Last updated” date of these Terms of Service, and you waive any right to receive specific notice of each such change.
It is your responsibility to periodically review these Terms of Service to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Service by your continued use of the Website after the date such revised Terms of Service are posted.
The information provided on the Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
You consent to access the Website and Services only for instances permitted by these Terms of Service as well as any applicable law, regulation or guidelines in the relevant jurisdictions. Fexspace will not be not responsible for any violation of applicable laws, rules, or regulations committed by you or a third party at your bidding. It is your responsibility to ensure that your use of the website and services does not contravene applicable laws, rules, or regulations. Specifically, you agree and warrant that in using the Website and Services, your actions do not contravene the laws, rules, or regulations of the country, state, or locality where you reside, or where fexspace is located or operates.
Fexspace enables you to be productive and collaborate with your team using our cloud-based and on-premise platform. Individuals and corporate organizations can use the Fexspace platform to share and keep confidential files, create projects, assign tasks for their employees, sync local files to cloud, and collaborate with team/colleagues to complete projects efficiently. Essentially, Fexspace provides companies to effectively communicate, collaborate in a secure and accessible virtual, cloud-based environment.
Unless otherwise indicated, the Website is our proprietary property and all source code, architecture, appearance, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Fexspace or licensed to Fexspace, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United Kingdom, foreign jurisdictions, and international conventions.
The Content and the Marks are provided on the Website “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Website, you are granted a limited license to access according to your subscription plan and use the Website and its services. We reserve all rights not expressly granted to you in and to the Website, the Content and the Marks.
By using the Site, you represent and warrant that:
Note: If your workspace is accessed by someone other than yourself, we reserve the act in your best interest as a data protection measure.
Fexspace will oblige you to create a user account in order to use its Services and may also, from time to time, provide you with additional codes or passwords necessary to access and use certain other features or functions of the Website. In creating your account, you consent to submit accurate, and complete information about yourself. Fexspace reserves the right to suspend or terminate accounts which are reasonably suspected to be false, inaccurate, or incomplete.
Your login details may not be shared or used by no other person than you. After you accept these Terms of Service, your user account and workspace will be created. However, it is important to note that you are solely responsible for any and all activities that occur under your personal or corporate workspace, whether or not such use was authorized by you (the admin). Fexspace is not responsible for any harm caused or associated to the theft or misappropriation of your login details, user’s content, permission of anyone else to use your login details.
Note: You could be held accountable for losses and damaged incurred by fexspace, another user or any third party due to misappropriation and use of your login details or workspace. If you notice any unauthorized use of your workspace, please notify fexspace immediately at privacy@fexspace.com.
You may not access or use the Website for any purpose other than that for which we make the it available. The Site may not be used in connection with any illegal endeavors except those that are specifically endorsed or approved globally.
As a user of the Website, you agree not to:
systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
make any unauthorized use of fexspace, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein.
engage in unauthorized framing of or linking to the Website.
trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
make improper use of our support services or submit false reports of abuse or misconduct.
engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Site.
attempt to impersonate another user or person or use the username of another user.
sell or otherwise transfer your profile.
use any information obtained from using the Website and Services in order to harass, abuse, or harm another person.
decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.
harass, intimidate, or threaten any of our employees engaged in providing any service of the Website to you.
delete the copyright or other proprietary rights notice from any Content.
copy or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.
upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
launch, develop, or distribute any cheat utility, scraper that accesses the cloud file management and productivity tools when your subscription plan has expired, or using or launching any unauthorized script or other software.
use the Site in a manner inconsistent with any applicable laws or regulations.
Fexspace does not own any user content and will not monitor, edit, or disclose any of such information regarding your workspace, without your prior permission except in accordance with these Terms of Service or Privacy Policy. You own all rights in and to any content uploaded by you to your workspace, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, text, literary works and any other materials. Fexspace reserves the right, solely upon its own discretion, to refuse, remove or disable access to any user data stored on Fexspace that is illegal, violates the terms of these Terms of Service, although it has no compulsion to do so.
Users of fexspace may upload data and information to be stored and associated with the user’s account(s) on the fexspace platform(s). It is your sole responsibility to determine how your data is used and how content distributed within your team or organization. You acknowledge and agree that fexspace will not possess any liability of any kind should any member(s) of your team or organization, other person(s) whom you have granted access to your workspace to modify, damage, corrupt, copy, or distribute your proprietary data.
Fexspace will use all reasonable efforts to secure your workspace to unauthorized access. However, no password-protected system of data and recovery can be made totally impassable. Fexspace endeavors to ensure that all data on the Website is secure, you hereby admit and accept that it may be probable for an unauthorized person to access, view, copy, modify or distribute the data and files you stored on your workspace.
Fexspace may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Website including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions").
Contributions may be viewable by other users of the Website and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
the creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
you are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Website, and other users of the Website to use your Contributions in any manner contemplated by the Website and these Terms of Service.
you have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Website and these Terms of Service.
your Contributions are not false, inaccurate, or misleading.
your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
your Contributions do not violate any applicable law, regulation, or rule.
your Contributions do not violate the privacy or publicity rights of any third party.
your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
your Contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Service, or any applicable law or regulation.
Any use of the Website in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Website.
Use License
If you access the fexsapce workspace via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the Terms of Service of this mobile application license contained in these Terms of Service.
You shall not:
(1) decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
(2) make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
(3) violate any applicable laws, rules, or regulations in connection with your access or use of the application;
(4) remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
(5) use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
(6) make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
(7) use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
(8) use the application to send automated queries to any website or to send any unsolicited commercial e-mail;
(9) use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.
The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the Site:
(1) the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s Terms of Service;
(2) we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the Terms of Service of this mobile application license contained in these Terms of Service or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
(3) you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
(5) you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application;
(6) you acknowledge and agree that the App Distributors are third-party beneficiaries of the Terms of Service in this mobile application license contained in these Terms of Service, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the Terms of Service in this mobile application license contained in these Terms of Service against you as a third-party beneficiary thereof.
Currently, you may NOT link your account with any social media accounts you have with third-party service providers (each such account, a “Third-Party Account”).
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Website ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.
You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
The Website does NOT contain links to other websites. Any purchases you make through Third-Party Websites will be at your own risk and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the third party.
You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We DO NOT allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. No advertiser will possess any rights and authority to place advertisements on the Website.
We reserve the right, but not the obligation, to:
We care about data privacy and security. Please review our Privacy Policy posted on the Website. By using the Website, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Service. Please be advised the Website is hosted in the United States.
If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.
Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
The term of these Terms of Service ("Term") shall begin when you start using this Website or the Services and shall continue in perpetuity unless otherwise terminated by Fexspace or you by written notice. Fexspace reserves the right to modify or suspend the Website and its services or any portion thereof, at any time. Without prejudice to any other rights, these Terms of Service will be terminated if you fail to conform to any of the requirements described herein; then, you must immediately cease using this Website.
Upon termination of this agreement you will no longer be authorized to use this website or the services in any way.
These Terms of Service shall be enforced and when you sign up for any subscription plan. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE OR DELETE YOUR WORKSPACE ACCOUNT ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
You may from time to time provide suggestions, comments or other feedback to Fexspace with respect to any product or services provided by fexspace (hereinafter "Feedback"). You consent that all Feedback is and shall be completely charitable and shall not create any privacy requirement for fexspace. Fexspace reserved the right to disclose and use such Feedback as it deems fit, entirely without obligation of any kind to you.
We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue any part of the services offered in the site.; however with prior notice.
We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.
We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.
Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
You recognize and consent that the Website will be updated from intermittently. These modifications may take the form of bug fixes, conformity to new regulations, enhanced functions, new productivity and collaboration tools, user interface, or other forms. Such updates and modifications can be made without advanced notice. The fexspace app may automatically download and install updates subsequently, these updates improve and enhance the app functions and user experience; you agree to receive such updates as part of your use of the fexspace app.
You recognize and consent that the Website will be updated from intermittently. These modifications may take the form of bug fixes, conformity to new regulations, enhanced functions, new productivity and collaboration tools, user interface, or other forms. Such updates and modifications can be made without advanced notice. The fexspace app may automatically download and install updates subsequently, these updates improve and enhance the app functions and user experience; you agree to receive such updates as part of your use of the fexspace app.
There are certain commitments we do not make about the specific functionality available through the Website, their reliability, availability, or ability to meet your collaboration and productivity needs.
TO THE EXTENT NOT PROHIBITED BY LAW, FEXSPACE AND ITS AFFILIATES (AND ASSOCIATED SERVICE PROVIDERS) (A) PROVIDE THE SERVICES "AS IS", "WITH ALL FAULTS" AND "AS AVAILABLE", (B) MAKE NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, AND (C) DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF DESTRUCTIVE COMPONENTS, OR THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.
IF YOU ARE DISSATISFIED WITH ANY PART OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE SOLUTION IS TO DISCONTINUE USE OF THE SERVICES. INDEMNIFICATION
In these terms of service, you must comply with all domestic and international export laws and regulations that apply to your use of the Website. These laws include restrictions on destinations, end users, and end use.
If you reside in the United States, you agree that the Terms, and your relationship with Fexspace will be governed by the laws of the State of California, U.S.A. regardless of conflict of laws principles. We both agree that the United Nations Convention on Contracts for the International Sale of Goods, the Uniform Commercial Code, the Uniform Computer Information Transactions Act, and any law effectuating these conventions do not apply to these Terms. We both agree that all of these claims can only be litigated in the federal or state courts in Santa Clara County, California, USA and we each agree to personal jurisdiction in those courts. However, you agree that Fexspace can apply for injunctive remedies in any jurisdiction.
If you reside outside of the United States, you agree that the Terms shall be governed by the laws of the United Kingdom. We both agree that the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act do not apply. We both agree that all claims can only be litigated in United Kingdom. However, you agree that Fexspace can apply for injunctive remedies in any jurisdiction.
To the extent that the following provision is not in conflict with applicable law, you may only resolve disputes with us on an individual basis and may not bring a claim or proceed in a group arbitration proceeding as a plaintiff or a class member in a class, consolidated, or representative action.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
You hereby agree to protect, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (a) infringes a registered patent, trademark, copyright, or other intellectual property right of a third party, or steals a trade secret (b) breach of these Terms of Service (c) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site.
Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
We will maintain certain data that you transmit to the Website for the purpose of managing the Website, as well as data relating to your use of the Website. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website.
You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Accessing the Website, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communication be in writing.
YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE WEBSITE.
You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
In order to resolve a complaint or you have questions or comments about this Terms of Service or have a concern about our handling of your personal information, want to report a possible breach of privacy laws; please contact us at privacy@fexspace.com or at 27 Old Gloucester Street, London, United Kingdom, WC1N 3AX