Community Services Terms of Service

Last Updated: April 5, 2024

These Workspot Community Services Terms of Service (“Community Terms”) govern your access and use of Workspot’s online community platform and related services, which are offered through Workspot’s Slack app or other platforms (the “Community Services”), to provide a community connection between and among users of and people interested in Workspot products, services, applications and solutions (the “Workspot Solutions”).

Please read these Community Terms carefully before accessing or using the Community Services.  By using and/or participating in activities hosted under the Community Services, you acknowledge that you have read these Community Terms and agree to be bound by and comply with them. If you do not agree to be bound by these Community Terms, please promptly exit the Community Services. Workspot reserves the right to modify these Community Terms at any time and will publish notice of any such modifications on-line at the Community Services, by messaging through the Community Service or by emailing the email associated with your account. By continuing to access the Community Services after notice of such modifications has been published, you signify your agreement to be bound by them. Any material revisions to the Community Terms will become effective on the date set forth in our notice and all other changes will become effective on the date we publish the change.

1. Permission to Use. In consideration for your agreement to the terms and conditions contained in these Community Terms, Workspot grants you a personal. non‑exclusive, non-transferable right and license to access and use the Community Services. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material or content included or posted in the Community Services.  You may use the Community Services for legal purposes only.  If a third party claims that any material you have contributed to the Community Services or distributed through the Community Service is unlawful, you will bear the burden of establishing that the material complies with applicable laws. Workspot has the right to remove material from the Community Services, block access or take other action with respect to such content in its sole discretion, although Workspot is not under an obligation to do so. To the extent prohibited by applicable law, the Community Services are not intended for and should not be used by (a) anyone under the age of sixteen (16) or (b) anyone under the applicable age of majority according to the data protection laws and regulations in your jurisdiction. You represent that you are over the legal age or are of legal working age.  You may not access or use the Community Services for any purpose if any of the above representations are not true.

2. Platform. Workspot currently uses the Slack online workplace productivity as the platform for the Community Services. As a condition to access to and use of the Community Services, you understand and agree that you are contractually subject to the User Terms of Service published by Slack (https://slack.com/terms-of-service/user) and agree to abide by Slack’s most recent version of its Acceptable Use Policy (https://slack.com/acceptable-use-policy) (altogether “Slack Terms”), which are incorporated by reference into these Community Terms. You agree that Workspot may enforce such Slack Terms of Service and Slack Acceptable Use Policy as a third-party beneficiary.

Workspot may at any time and in its sole discretion replace Slack with another platform or terminate the Community Service entirely.  You understand and agree that, in either such event, any content on the Community Service, including, without limitation, content that you have posted, may be lost or no longer accessible and that Workspot will have no liability for any loss of, or access to, such content.

3. Further Rules Regarding Content and Online Conduct.  As a further condition to access and use of the Community Service, you agree to each of the following:

a. You agree to comply with the most recent version of the Workspot Acceptable Use Policy (https://www.workspot.com/legal/aup/) and specifically agree not to email or post any of the following content anywhere on the Community Service:

• Content that includes any confidential information or legally protected personal information of any person or party,
• Content that defames or threatens others.
• Harassing statements or content that violates applicable law or regulations or Workspot policy.
• Content that discusses illegal activities with the intent to commit them.
• Content that infringes another’s intellectual property, including, but not limited to, copyrights, trademarks or trade secrets.
• Material that contains obscene (i.e. pornographic) language or images.
• Advertising or any form of commercial solicitation or promotional materials, except by Workspot with regard to Workspot Solutions.
• Content that includes or constitutes any viruses, worms, or other harmful or malicious code, files, scripts, agents, programs or the like or which is otherwise unlawful.
• Copyrighted material, including, without limitation, software, graphics, text, photographs, sound, video and musical recordings, may not be placed on the Community Service without the express permission of the owner of the copyright in the material, or other legal entitlement to use the material.

b. You agree that you will not access or attempt to access any other user’s account, or misrepresent or attempt to misrepresent your identity while on the Community Service.

c. You will not use the Community Service to seek or engage in technical support for the Workspot Solution. Support requests and engagements are conducted through the process described on the most recent Service Description for Workspot Support Services (https://www.workspot.com/legal/supportservices/).

d. You will not use the Community Service for file sharing.

e. You should have no expectation of privacy of any content or materials you post or share through the Community Service. Any such content or materials are subject to search, review and removal by Workspot in its sole discretion.

f. Workspot employees, contractors and other personnel understand and agree to comply with all Workspot workplace, confidentiality, security and other corporate and personnel policies and agreements, including, without limitation, the Workspot Code of Conduct and Business Ethics, in conjunction with their use of the Community Service.

g. You consent to the processing by Workspot and its subprocessors, for purposes applicable privacy and security laws worldwide, of any data, content, information and materials you post or upload to the Community Services, or which you otherwise provide to Workspot under your account or in conjunction with the Community Services, as contemplated under these Community Terms and in conjunction with the operation of the Community Services, including, without limitation, any processing, analysis, sharing or review of content, materials, performance or usage of such data, content, materials or information.

Workspot is not obligated to routinely screen or monitor content posted by users to the Community Service or distributed by users through the Community Service but reserves the right to remove content which violates any of the above rules of which Workspot becomes aware.  Workspot reserves its right to collect and preserve copies of information posted by users to the Community Service or distributed by users through the Service, although it is under no obligation to do so. Workspot also reserves the right to collect, preserve and produce user content and materials in conjunction with any legal proceeding, in response to requests from law enforcement or other legal authorities or as otherwise required under applicable law.

The Community Services may include or distribute hyperlinks to websites maintained or controlled by others.  Workspot is not responsible for and does not routinely screen, approve, review or endorse the contents or use of any products or services that may be offered at these other websites.

Workspot is not a publisher of content contained on or distributed through the Community Services, or content that may be available through links to and from the Community Services. The Community Services may include or distribute unmoderated content containing the personal opinions and other expressions of persons on a wide range of topics, and which are the opinion of the specific author and are not statements of advice, opinion, representations or warranties of Workspot.  Workspot is solely acting as an internet service provider with respect to such content. 47 U.S.C. §230(c)(1).

4. No Impact on Workspot Specifications, Documentation or Agreements. No material, content or information on the Community Services will constitute or be deemed specifications or documentation for Workspot Solutions or create any representation, warranty, obligation or liability whatsoever with regard to any Workspot Solution or any agreement with regard to Workspot Solutions with any customer, channel partner, user or any other party.  Subject to its compliance with applicable law, Workspot’s obligations under its Data Processing Addendum, or any similar obligations under any other agreement, instrument or document, shall not apply to the Community Services. Users of Workspot Solutions are not required to participate in or share any content on Community Services.

5. Privacy Policy; Feedback. Please review our Privacy Policy (https://www.workspot.com/privacy-policy/) for more information on how we collect and treat information relating to your use or access our online or mobile websites (www.workspot com), products, services or applications, or when you otherwise interact with us.  You grant Workspot a royalty-fee, worldwide, irrevocable, perpetual license to use, copy and incorporate into Workspot Solutions any ideas, suggestions, enhancement requests, recommendations, or other feedback (“Feedback”) that you post to the Community Services or otherwise provide to Workspot relating in any way to Workspot Solutions. Workspot shall have the unrestricted rights to make, have made use, market, copy, disclose, distribute, sell and make derivative works of the Workspot Solutions incorporating such Feedback with no obligation whatsoever to pay royalties to you.

6. Disclaimer of Warranty.  THE COMMUNITY SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. Workspot does not warrant, and hereby disclaims, any warranties, either express or implied, with respect to accuracy, adequacy or completeness of the Community Services.  Workspot does not warrant that the Community Services will operate in an uninterrupted or error-free manner or that the Service is or will be free of viruses or other harmful components. Use of information obtained from or through the Community Services is at your own risk.

7. Limitation on Liability. YOU AGREE THAT WORKSPOT WILL NOT BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES, EITHER ACTUAL OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THESE COMMUNITY TERMS, OR YOUR (OR ANY THIRD PARTY’S) USE OF OR ACCESS TO THE COMMUNITY SERVICE, TO YOUR PLACEMENT OF CONTENT ON THE COMMUNITY SERVICES, OR TO YOUR RELIANCE ON INFORMATION OBTAINED FROM OR THROUGH THE COMMUNITY SERVICE. IN PARTICULAR, WORKSPOT WILL HAVE NO LIABILITY FOR ANY DIRECT, CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTIAL DAMAGES, WHETHER FORSEEABLE OR UNFORSEEABLE (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, ERRORS, LOSS OF DATA, LOSS OF PROFITS, LOSS OF GOODWILL, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO THESE TERMS, YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS, THE SERVICE, OR YOUR PLACEMENT OF CONTENT ON THE COMMUNITY SERVICE, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE COMMUNITY SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW. Workspot makes no representation regarding your ability to transmit and receive information from or through the Community Services, or any up time or reliability of the Community Services. You acknowledge that your access to the Service may be impaired. Workspot disclaims any and all liability resulting from or related to such events.

8. Trademarks. Use, reproduction, copying or redistribution of the logo, name or any of the graphics on the Community Service or of Workspot or its affiliates, without Workspot’s written permission, is prohibited. All other trademarks or service marks appearing on the Community Services are the marks of their respective owners. Workspot is a registered trademark of Workspot, Inc.

9. Indemnification. You agree to indemnify and hold Workspot harmless from any claims, losses or damages, including legal fees, resulting from your violation of these Community Terms, your use of the Community Services or your placement of any content onto the Community Services or distribution of content through the Community Services, and will fully cooperate in Workspot’s defense against any such claims.

10. Your Account.  If you use the Community Service, you are responsible for maintaining the confidentiality of your account and password, if any, and for restricting access to your computer or device, and you agree to accept responsibility for all activities that occur under your account and password.  Workspot reserves the right to refuse service, terminate accounts, or remove or edit content, in its sole discretion. If you wish assistance with termination of your account and deletion of content that you have posted or uploaded, please contact privacy@workspot.com.

11. Choice of Law/Forum Selection. You agree that any dispute arising out of or relating to these Community Terms or any content posted to the Community Services or distributed through the Community Services, including copies and reproduction thereof, whether based in contract, tort, statutory or other law, will be governed by the laws of the State of California, excluding its conflicts or law provisions or the United Nations Convention on the International Sale of Goods. You further consent to the personal jurisdiction of and exclusive venue in the federal and state course located in Santa Clara County, California as the legal forum for any such dispute.

12. Waiver. No failure or delay by either party in exercising any right under the Community Terms will constitute a waiver of that right. No waiver under the Community Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.

13. Severability. The Community Terms will be enforced to the fullest extent permitted under applicable law. If any provision of the Community Terms is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as to best accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Community Terms will remain in effect.

14. Assignment. You may not assign any of your rights or delegate your obligations under these Terms, whether by operation of law or otherwise, without the prior written consent of Workspot (not to be unreasonably withheld). Workspot may assign these Community Terms in their entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of Workspot’s assets.

15. Entire Agreement. These Community Terms, including any terms incorporated by reference into the Community Terms, constitute the entire agreement between you and Workspot and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the Community Terms and any pages referenced in these Terms, the terms of these Community Terms will prevail.