Terms and conditions

---

1. Unless these Terms of Use expressly state something different, the following terms used in these Terms of Use have the following meaning:

• “Operational Manager” means an entity which uses the App with respect to the specific project (the Profile as defined below) and which is possible to contact via helpdesk specified in the App, and is identified as “we”, unless such designation is used only with the sustainStay (i.e. without explicit reference to the Operational Manager);
• “sustainStay” means company sustainStay Oy and is identified as “we”, unless such designation is used specifically with the Operational Manager;
• “App” means the website, the mobile and touch versions and any sites, designed and operated by the sustainStay and which the Operational Manager is licensed to use and uses;
• “Partner” means any person who offers his goods and/or services through the App and within a particular Profile to the User (as defined below) and is identified as You, unless such designation is used (or can be applicable due to the nature of your purpose) only with the User;
• “User” means any natural person who creates the User Account (as defined below) and uses the App and is identified as You, unless such designation is used only with the Partner, unless stated otherwise you have a position of Ordinary User;
  “Project manager” means any User, to whom the Operational Manager granted the right of Project manager in relation to the Project profile (as defined below), and has rights connected with it;
• "Ordinary User“ means the User who is not the Project manager;
• “User Account” means an account created for the User, that allows User to use the App;
• “Partner Account” means an account created for the Partner, that allows the Partner to offer its goods and/or services through the App to the User;
• “Account” means the User Account and the Partner Account;
• “IP Right Owner” means a natural or legal person who owns copyright, trademark, patent, or other intellectual property rights right;
• “Authorized Agent” means a natural or legal person who is an agent authorized to act on the IP Rights Owner’s behalf;
• “Project profile” means an electronic profile made for projects and it is connected to it within the system of the App. If it is mentioned “published in the App”, it is meant to be published in one or more connected Project profiles;
• “Services” means “Event” as any cultural, co-working, networking, educating or other performance or event, as well as exhibitions, conferences, training courses, trade fairs etc. constituting the use of the User’s spare time at a project and a predetermined time and date, and “Amenities” as meeting room, parking spot etc. offered by the Operational Manager to the User for the purpose of using such amenity for a predetermined time;

2. The term “using” also includes any person or entity that accesses or uses the App with crawlers, robots, data mining, or extraction tools or any other functionality.

3. We, the Operational Manager, are a licensed user of the App designed, developed and operated by the sustainStay. The sustainStay is a developer of the App and may change functionalities of the App and change of the Terms of Use with respect to improvement of the App and its functionalities (as it becomes more robust) in the future as long as such changes are not material and in line with any applicable legal provisions, in particular the GDPR. We, the Operational Manager, control particular Profiles related to the projects we operate.

4. The App helps us, the Operational manager, to provide a social venue in its solution to Users like You in order to provide better services in our enterprises and to provide better user experience to people using the enterprise like You. In order to achieve this purpose, the App will provide information exchange between You (the User) and us – the Operational Manager and to invite You (the Partners) to offer your services and products to the Users within our Profiles.

5. Through the particular Profile within the App the Operational Manager is entitled to communicate with You (and vice versa) via Push-Notification and receive information published by You in your Profile within the App in order to fulfill its objective stated in section 1.4 above. We are entitled to communicate with You and receive information published by You in order to maintain, operate and improve functionalities of the App.

6. By using the App and/or signing the Account, You agree to these Terms of Use, acknowledge the Privacy Terms and that You will visit the Terms of Use and Privacy Terms to familiarize yourself with it.

7. By accepting these Terms of Use, we – the sustainStay grants You a limited, personal, non-transferable, non-exclusive, revocable license to use the App under these Terms of Use and to any additional terms and policies set by us – the sustainStay, and You agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell, or re-sell any content, software, products, or services obtained from or through the App without our express permission.

8. You can’t conclude an enforceable contract with other Users and the Partners regarding any goods or services advertised through the App, any reservations made in the App are mere intents of interest and should be considered to be steps in bona fide, unless explicitly stated otherwise.

9. You agree that You shall be responsible for all data charges You incur through the use of the App.

10. Even though we want the App to be available as much as possible, the App may occur to be interrupted, including without limitation, for scheduled maintenance or upgrades and emergency repairs.

11. You will be responsible for online/offline interaction with other users of the App and You agree that we – the sustainStay or the Operational Manager – will not be responsible or liable for the conduct of any other User or the Partner.

1. We want to ensure You, as the User, may receive and hold one Account. The same applies to You, the Partner, if we agree with You to create for You the Partner Account. You will be responsible for updating and correcting information submitted to create or maintain your account. We are not responsible for any incident arising out of, or related to, any of your Account settings.

2. You agree that You have no legal claim to receive the Account, unless You have a different agreement with us, the sustainStay.

3. The Account creates the sustainStay and is created independently of the Profile. The Account exists regardless of its connection to any Profile. Such an account can be connected to multiple Profiles.

4. We, as the Operational Manager, can grant a particular User a status of the Project manager. We, the Operational Manager, can remove your status of the Project manager anytime and such User – Project Manager retains the position of the Ordinary user.

5. Access of the Account to the Profile is possible upon the invitation sent via e-mail by the Operational Manager, the Project manager to the Ordinary user or the Partner. Such invitation contains a randomly created Login and Password which enables it to connect the particular Profile.

6. Your Account shall be non-transferable and may not be sold, combined, or otherwise shared with any other person.

7. You are permitted to access (connect) the Profile only if You are:

1. the Enterprise user
2. Enterprise user’s employee who works predominantly in such enterprise or
3. if You are the Partner and You agreed with us, the Operational Manager, You will be connected to the particular Profile;

8. We, the Operational Manager, can disconnect You from the Profile upon:

1. your request;
2. request of the Project Manager of a particular Profile;
3. non-fulfillment of the conditions stated in 1.18.

1. You declare that all the information You provide to us – the sustainStay – which is related to the App is true, complete and accurate.

2. By accessing or using the App You represent and warrant that your activities are lawful in every jurisdiction where You access or use the App.

3. The App is not a backup service and You agree not to rely on the App for the purpose of content backup or storage.

4. You undertake to:

1. not use the App if You are less than 18 years old;
2. refrain from restricting and/or inhibiting any others from using the App or any of its part;
3. refrain from accessing data not intended for You, such as logging into the Account without authorization to access;
4. refrain from interfering with service to any User / Partner in any manner, including, without limitation, by means of submitting a virus to the App or attempting to overload, flood”, “spam”, “mail bomb”, or “crash” the App;
5. refrain from using the App in any manner that violates applicable laws (including, without limitation, intellectual property laws, laws relating to rights of privacy and rights of publicity, and laws related to defamation);
6. protect our good name;
7. to pay for all royalties, fees, and any other monies owed by reason of the content the User / Partner posts on or through the connected Profiles.

5, You are responsible for any content submitted to the App. You are expressly prohibited to submit any content, that:

1. is purposely inaccurate, commits fraud, or contains falsified information;
2. violates applicable laws (including, without limitation, intellectual property laws, laws relating to rights of privacy and rights of publicity, and laws related to defamation);
3. and that we – the sustainStay and the Operational Manager – do not have any obligation to monitor, edit or remove any content published in the particular Profile;
4. refrain from interfering with service to any User / Partner in any manner, including, without limitation, by means of submitting a virus to the App or attempting to overload, flood”, “spam”, “mail bomb”, or “crash” the App.

6. For the Content that is covered by intellectual property rights, like photos and videos (“IP content”), You specifically give us the following permission, subject to your privacy and application settings: You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use IP content that You post on or in connection with the App (IP license). This IP license ends when the IP content is deleted.

1. This clause governs the rights and obligations between You and the Operational Manager consequent upon purchase of the Services. The Operational Manager is solely responsible for performance of the Service in terms, quality and scope of such matter and delivery of any order you place. We are not liable for damages within the scope of this contractual relationship incurred by You or the Operational Manager and we do not assume any guarantee that Your contractual partner will comply with the expected legal regulations.

2. The Services may also be offered by the Partner; in such case, the Partner is bound by this clause as well as the Operational Manager.

3. We, the Operational Manager, may

1. determine the specific terms and conditions of any contract between You and us, the Operational Manager, concluded through the App, unless such terms and conditions derogate and / or depart from these Terms of Use. Such terms and conditions are not valid, unless they are published on the Service card (a direct link to the website is sufficient) and are in compliance with payment/cancellation/refund policy of the payment platform.

4. If I) any exercise of the rights stated in this article or II) rights/duties in terms and conditions of the Operational Manager are incompatible with the App functionalities, they may be exercised by You and us, the Operational Manager, directly.

5. We, the Operational Manager, are obliged to act in accordance with the consumer rights legislation with respect to the law governing the particular contract concluded between You and us, the Operational Manager.

6. Upon agreement with the Operational Manager, we may offer the Services directly on its behalf, provided that the Operational Manager provides us with premises or facilities in the enterprise for which the Profile is established. In the case of the previous sentence, the provisions relating to the Services for the Partner shall apply to us. Further details regarding the direct sale of the Services will be set out in a separate agreement between us and the Operational Manager

1. The App contains copyrighted material, trademarks, and other proprietary information, including, without limitation, text, software, photos, video, graphics, music, and sound, and the entire contents of the App are protected by copyright, trademark, and other intellectual property laws of the state where we, the Operational Manager, use the App. You may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part. Except as otherwise expressly stated under copyright law (or this Terms of Use), no downloading, copying, redistribution, retransmission, publication, or commercial exploitation of the content (or any part of it) without our (the sustainStay) the express permission of or the copyright owner is permitted. If downloading, copying, redistribution, retransmission, or publication of copyrighted material is permitted, the You shall make independent attribution and/or make no changes in or deletion of any author attribution, trademark legend, or copyright notice. You acknowledge that You do not acquire any ownership rights by downloading copyrighted material. Any violation of these restrictions may result in a copyright, trademark, or other intellectual property right infringement that may subject You to civil and/or criminal penalties.

2. Marks on the App may be under license from the trademark owner, in which case such license is for the exclusive benefit and use of us – the Operational Manager unless otherwise stated, or may be the property of their respective owners.

3. You may not use the sustainStay’s and/or the Operational Manager’s and/or the Partner’s name, logos, trademarks or brands of others on the App without the sustainStay’s and/or the Operational Manager’s or the Partner’s express permission.

1. If You are the IP Rights Owner or Authorized Agent, and the You have a good faith belief that material or products on the App infringe the IP Rights Owner’s copyright, trademark, or other intellectual property rights, and You would like to bring it to the Operational Manager’s attention, You can report your concern(s) by submitting your complaint.

2. We, the Operational Manager, reserve the right to terminate your right to use the App if such use infringes the copyrights of another. We, the Operational Manager, may, under appropriate circumstances and at our sole discretion, terminate your connection of Account to the particular Profile, if we determine that You are a repeat infringer (not necessarily of the same infringement). In case the You believe that any material has been posted via the App by any third-party in a way that constitutes copyright infringement, and You would like to bring it to us – the Operational Manager’s attention, You must provide us – the Operational Manager’s DMCA Agent (such shall have been appointed in territory under the jurisdiction of the United States) identified below with the following information:

• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work;
• an identification of the copyrighted work and the location on the App of the allegedly infringing work;
• a written statement that the You have a good faith belief that the disputed use is not authorized by the owner, its agent, or the law;
• your name and contact information, including, without limitation, telephone number and email address; and
• your statement that the above information in your notice is accurate, under penalty of perjury, that the You are the copyright owner or authorized to act on the copyright owner’s behalf.

3. The contact information for us – Operational Manager’s DMCA Agent (if applicable, otherwise “Agent”) for notice of claims of copyright infringement is a helpdesk for the relevant project in the App. In countries where DMCA is not applicable, a similar agent may be appointed.

1. As permitted by applicable law, in no event, we, Operational Manager and the sustainStay, our subsidiaries or affiliates or any of their respective employees, officers, directors, agents, merchants, partners, third-party content providers or licensors, or any of our officers, directors, employees, or agents, will be liable for any direct or indirect lost profits or lost business damages, indirect, incidental, special, consequential, or punitive damages arising out of, relating to, or in connection with any of the following:

• your use of the App and the content in the App, including, without limitation, any personal information, and any other information either contained in the App or submitted by You to the App,
• your inability to use the App,
• modification or removal of content submitted to the App,
• your offerings, products, Services and other available programs accessible or available through the App,
• any products or Services purchased or obtained directly from the You (as the Partner/the Operational Manager), or
• any improper use of information You provide to the App, including, without limitation, any personal information,
• downloading any information contained in the App, malfunction of the App, viruses or malware.

2. The liability limitations in this section are not intended to limit any warranty provided directly by the You (the Partner) or by the applicable manufacturer or physical products or any express representations or warranties by us, the Operational Manager or the sustainStay, that neither are included in other applicable terms, nor are they intended to limit remedies the You might have for product-related injury.

3. You agree to defend, at our, the Operational Manager’s, request, indemnify and hold us, the Operational Manager, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of Your direct activities on the App or those conducted on your behalf):

• Your access to or use of the App;
• Your breach or alleged breach of these Terms of Use;
• Your violation of any third-party right, including without limitation, any intellectual property rights, publicity, confidentiality, property or privacy right;
• Your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or
• any misrepresentation made by You.

4. You promise to cooperate as fully required by us – Operational Manager in the defense of any claim. We – Operational Manager reserve the right to assume the exclusive defense and control of any matter subject to indemnification by You, and You shall not in any event settle any claim without the prior written consent of us, the Operational Manager.

1. These Terms of Use are governed by and construed in accordance with the laws of the country where the Operational Manager operates the Profile, without giving effect to any principles of conflicts of law. You agree to resolve any disputes you have with the Operational Manager/the Partner exclusively in court of the country where the enterprise is situated and for which the Profile of a particular Operational Manager exists. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Terms.

2. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable in court, then such provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions.

3. The End User Licence Agreement provision under 1.7 and any relationship toward the sustainStay is governed by the law of Finland.

4. Neither the course of conduct between the You nor trade practice will act to modify the Terms of Use. These Terms of Use shall not confer any third-party beneficiary rights.

The sustainStay reserves the right at all times to discontinue or modify any part of these Terms of Use at the sole discretion of the sustainStay. Any changes to these Terms of Use will be effective upon the sustainStay’s posting of the notice; provided that these changes will be prospective only and not retroactive. If You do not agree to the changes, then You may deactivate your Account and not use the App or any services offered through the App after the effective date of the changes. You agree that posting notice of any changes on the Terms of Use page is adequate notice to advise You of these changes, and that your continued use of the App or the Operational Manager’s services will constitute acceptance of these changes and the Terms of Use as modified.