A Quick Summary
Legal documents can be long, so here are a few key points to understand about how Comover works. This summary doesn’t replace the full terms below.
- We are a Platform. Comover provides the venue to connect people. The actual contract for using a Spot is directly between a Host and a Booker.
- Our Vocabulary. We use specific terms: a "Spot" is the space you book, a "Host" is the person or business sharing it, and a "Booker" is the person booking it.
- Your Responsibility. You are responsible for your own actions and for treating others in the community with respect.
- Pay on Comover. Always keep payments and communication on our platform. It’s how we protect you with our secure system and support policies.
Terms of Service for European Users
As a consumer who resides in the EEA you can access the European Commission’s online dispute resolution platform here: https://ec.europa.eu/consumers/odr. Please note that Comover is not committed nor obliged to use an alternative dispute resolution entity to resolve disputes with consumers. The European Commission’s online dispute resolution platform is not available for residents of Switzerland or the United Kingdom.
Thank you for using Comover!
These Terms of Service for European Users (“Terms”) are a binding legal agreement between you and Comover that govern your right to use the websites, applications, and other offerings from Comover (collectively, the “Comover Platform”). When used in these Terms, “Comover,” “we,” “us,” or “our” refers to the Comover entity:
Youvision SRL
Rue des Côteaux 331, 1030 Bruxelles, ET03
BCE: 0798940894
Mail : info@comover.com
Téléphone : +32 479 28 19 35
The Comover Platform offers an online venue that enables users to publish, offer, search for, and book unique desks, studios, and spare offices ("Spots"). Users who publish and offer Spots are “Hosts,” and users who search for and book Spots are “Bookers.” You must register an account to access and use many features of the Comover Platform, and must keep your account information accurate. As the provider of the Comover Platform, Comover does not own, control, offer or manage any Spots. Comover is not a party to the contracts entered into directly between Hosts and Bookers, nor is Comover a real estate broker or insurer. Comover is not acting as an agent in any capacity for any Host or Booker, except as specified in the Stripe Payments Terms (“Payment Terms”). Payment processing services for Hosts on Comover are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the 'Stripe Services Agreement'). By agreeing to these terms or continuing to operate as a Host on Comover, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. To learn more about Comover’s role see Section 16.
We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data.
If you are a Host, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to the Spots you offer.
Table of Contents
Booker Terms
2. Searching and Booking on Comover.
3. Cancellations, Refunds and Booking Modifications.
Host Terms
7. Cancellations and Booking Modifications.
General Terms
13. Termination, Suspension and other Measures.
14. Modification of these Terms.
15. Resolving Complaints and Damage Claims.
22. Applicable law and Jurisdiction.
Additional Terms Specific to Business Hosts
25. Termination, Suspension and other Measures.
26. Complaints Handling and Mediation.
Booker Terms
1. Our Mission
Our mission is to create a trusted community where professionals can find unique Spots that foster both deep focus and the valuable connections needed to grow. The Comover Platform allows you to discover these spaces and connect with Hosts who are building their own professional communities.
2. Searching and Booking on Comover.
2.1 Searching. You can search for Spots by using criteria like the destination, booking dates, amenities, and number of seats. Search results are based on their relevance to your search and other criteria. Relevance considers factors like price, availability, reviews, customer service and cancellation history, popularity, previous bookings and saved Spots, Host requirements (e.g. minimum or maximum hours), and more.
2.2 Booking.When you book a Spot, you are agreeing to pay all charges for your booking including the Spot price, applicable fees, and any other items identified during checkout (collectively, “Total Price”). You are also agreeing that Comover via Stripe may charge the Payment Method (as defined in the Payment Terms) used to book the Spot in order to collect Damage Claim (as defined in these Terms) amounts. When you receive the booking confirmation, a contract for the Host's services (a "Booking") is formed directly between you and the Host. In addition to these Terms, you will be subject to, and responsible for complying with, all terms of the Booking, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the Spot's page or during checkout that apply to the Booking. It is your responsibility to read and understand these rules, standards, policies, and requirements prior to booking a Spot.
2.3 Spot Booking. A Booking for a Spot is a limited license to enter, occupy and use a seat in the Spot and use its offered amenities. If you stay past the check-out time, the Host has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of people (including yourself and any Collaborators) allowed for the Booking.
3. Cancellations, Refunds and Booking Modifications.
3.1 Cancellations and Refunds. In general, if you as a Booker cancel a booking, the amount refunded to you is determined by the cancellation policy that applies to that booking. In certain situations, other policies take precedence and determine what amount is refunded to you. If something outside your control requires you to cancel a booking, you may be entitled to a partial or full refund under our Extenuating Circumstances Policy. If the Host cancels, you may be entitled to a full refund under our Cancellation Policy.
3.2 Booking Modifications. Hosts and Bookers are responsible for any booking modifications they agree to make via the Comover Platform or direct Comover customer service to make on their behalf ("Booking Modifications"), and agree to pay any additional amounts, fees or taxes associated with any Booking Modification.
4. Your Responsibilities.
You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any Collaborators or other individuals you invite to join or provide access to any Spot. For example, this means: (i) you are responsible for paying all Damage Claim amounts necessary to cover damage that you or your invitees cause to a Spot, and (ii) you must act with integrity, treat others with respect and comply with applicable laws at all times. If you are booking for an additional guest who is a minor or if you bring a minor to a Spot, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
Host Terms
5. Hosting on Comover.
5.1 Being a Host. As a Host, Comover offers you the right to use the Comover Platform to share your Spot with other professionals and earn money. It’s easy to create a Spot page, and you are in control of how you host - set your price, availability, and rules for each Spot.
5.2 Contracting with Bookers. When you accept a booking request, or receive a booking confirmation through the Comover Platform, you are entering into a contract directly with the Booker, and are responsible for delivering your hosting services under the terms and at the price specified in your Spot's page. You are also agreeing to pay applicable fees like Comover’s fee (and applicable taxes) for each booking.
5.3 Independence of Hosts. Your relationship with Comover is that of an independent individual or entity and not an employee, agent, joint venturer or partner of Comover. Comover does not direct or control your hosting services, and you understand that you have complete discretion whether and when to provide your services and at what price and on what terms to offer them.
6. Managing Your Spot.
6.1 Creating and Managing Your Spot. The Comover Platform provides tools that make it easy for you to set up and manage a Spot. Your Spot page must include complete and accurate information about your space, your price, and any rules or requirements that apply to your Bookers or Spot. You are responsible for your acts and omissions as well as for keeping your Spot information (including calendar availability) and content (like photos) up-to-date and accurate at all times. We recommend that you obtain appropriate insurance for your hosting services and suggest you carefully review policy terms and conditions.
6.2 Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Spot or hosting services. For example: Some commercial leases, building rules, or city zoning laws may have restrictions on sharing your space. Some jurisdictions require Hosts to register, get a permit, or obtain a license before offering certain professional services. In some places, the hosting services you want to offer may be prohibited altogether. Check your local rules to learn what rules apply to the services you plan to offer. Information we provide regarding legal requirements is for informational purposes only and you should independently confirm your obligations. You are responsible for handling and using personal data of Bookers and others in compliance with applicable privacy laws. If you have questions about how local laws apply you should always seek legal advice.
6.3 Search Ranking. The ranking of Spots in search results on the Comover Platform depends on a variety of factors, including these main parameters:
- Booker search parameters (e.g. number of seats, time and duration of the booking),
- Spot characteristics (e.g. price, calendar availability, number and quality of images, reviews, average Booker popularity),
- Booker experience (e.g. customer service and cancellation history of the Host, ease of booking),
- Host requirements (e.g. minimum or maximum hours), and
- Booker preferences (e.g. previous bookings, saved Spots).
6.4 Your Responsibilities. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of anyone you allow to participate in providing your hosting services. You are responsible for setting your price and establishing rules and requirements for your Spot. You must describe any and all fees and charges in your Spot description and may not collect any additional fees or charges outside the Comover Platform Total Price. Do not encourage Bookers to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Comover Platform.
6.5 Hosting as a Team or Organization. If you work with a co-host or host as part of a team, business or other organization, the entity and each individual who participates in providing hosting services, is responsible and liable as a Host under these Terms. If you accept terms or enter into contracts, you represent and warrant that you are authorized to enter into contracts for and bind your team, business or other organization. If you instruct Comover to transfer a portion of your payout to a co-host or other Hosts, you must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information you provide.
7. Cancellations and Booking Modifications.
7.1 Cancellations. In general, if a Booker cancels a booking, the amount paid to you is determined by the cancellation policy that applies to that booking. As a host, you should not cancel on a Booker without a valid reason under our Cancellation Policy. If you cancel, or if an Extenuating Circumstance arises, the amount you are paid will be reduced by the amount we refund or otherwise provide to the Booker, and by any other reasonable costs we incur as a result of the cancellation. If a Booker receives a refund after you have already been paid, or the amount of the refund and other costs incurred by Comover exceeds your payout, Comover (via Stripe) may recover that amount from you, including by offsetting the refund against your future payouts.
7.2 Booking Modifications. Hosts and Bookers are responsible for any Booking Modifications they agree to make via the Comover Platform or direct Comover customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.
8. Taxes.
8.1 Host Taxes. As a Host, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit or include in your price any applicable VAT or other indirect taxes, income, or other business-related taxes ("Taxes").
8.2 Collection and Remittance by Comover. In jurisdictions where Comover facilitates the collection and/or remittance of Taxes on behalf of Hosts, you instruct and authorize Comover to collect Taxes on your behalf, and/or to remit such Taxes to the relevant Tax authority. Any Taxes that are collected and/or remitted by Comover are identified on your transaction records. Comover may seek additional amounts from you (including by deducting such amounts from future payouts) in the event that the Taxes collected and/or remitted are insufficient to fully discharge your tax obligations, and you agree that your sole remedy for Taxes collected by Comover is a refund from the applicable Tax authority.
8.3 Tax Information. In certain jurisdictions, Tax regulations may require that we collect and/or report Tax information about you, or withhold Taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold Taxes from payouts to you, we may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You agree that Comover may issue on your behalf invoices or similar documentation for VAT or other Taxes for your hosting services to facilitate accurate tax reporting by our Bookers and their organizations.
General Terms
9. Reviews.
After each booking is completed, Bookers and Hosts may have an opportunity to review each other. Your Review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates our policies.
10. Content.
Parts of the Comover Platform enable you to provide feedback, text, photos, information and other content (“Content”). By providing Content, in whatever form and through whatever means, you grant Comover a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license, for the term of the protection of the rights so licensed, to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such Content to provide and/or promote the Comover Platform, in any media or platform. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy. Where Comover pays for the creation of Content or facilitates its creation, Comover may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that you provide and warrant that you either own it or are authorized to grant Comover the rights described in these Terms. You are responsible and liable if any of your Content violates or infringes the intellectual property or privacy rights of any third party. Content must comply with our internal policies, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent and illegal content. You agree that Comover may make available services or automated tools to translate Content and that your Content may be translated using such services or tools. Comover does not guarantee the accuracy or quality of translations and Bookers and Hosts are responsible for confirming the accuracy of such translations.
11. Fees.
Comover may charge fees (and applicable Taxes) to Hosts and Bookers for the right to use the Comover Platform. Any applicable fees are disclosed to you before you book a Spot or confirm a booking request. More information about when service fees apply and how they are calculated can be found in our Help Center. Except as otherwise provided on the Comover Platform, service fees are non-refundable.
12. Comover Platform Rules.
12.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules.
- Act with integrity and treat others with respect
- Do not lie, misrepresent something or someone, or pretend to be someone else.
- Be polite and respectful when you communicate or interact with others.
- Follow our Nondiscrimination Policy and do not discriminate against or harass others.
- Do not scrape, hack, reverse engineer, compromise or impair the Comover Platform
- Do not use bots, crawlers, scrapers or other automated means to access or collect data or other content from or otherwise interact with the Comover Platform.
- Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Comover Platform or Content.
- Do not decipher, decompile, disassemble or reverse engineer any of the software or hardware used to provide the Comover Platform.
- Do not take any action that could damage or adversely affect the performance or proper functioning of the Comover Platform.
- Only use the Comover Platform as authorized by these Terms or another agreement with us
- You may only use another user's personal information as necessary to facilitate a transaction using the Comover Platform as authorized by these Terms.
- Do not use the Comover Platform, our messaging tools, or another user's personal information to send commercial messages without their express consent.
- You may use Content made available through the Comover Platform solely as necessary to enable your use of the Comover Platform as a Booker or Host.
- Do not use Content unless you have permission from the Content owner or the use is authorized by us in these Terms or another agreement you have with us.
- Do not request, make or accept a booking or any payment outside of the Comover Platform to avoid paying fees, taxes or for any other reason.
- Do not require or encourage Bookers to open an account, leave a review, or otherwise interact, with a third party website, application or service before, during or after a booking, unless authorized by Comover.
- Do not engage in any practices that are intended to manipulate our search algorithm.
- Do not book a Spot unless you are actually using the services offered by the Host.
- Do not use, copy, display, mirror or frame the Comover Platform, any Content, any Comover branding, or any page layout or design without our consent.
- Honor your legal obligations
- Understand and follow the laws that apply to you, including privacy, data protection, and export laws.
- If you provide us with someone else's personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.
- Do not use the name, logo, branding, or trademarks of Comover or others without permission.
- Do not offer Spots that violate the laws or agreements that apply to you.
12.2 Reporting Violations. If you believe that a Host, Booker, Spot or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Comover. In addition, if you believe that a Host, Booker, Spot or Content has violated our policies, you should report your concerns to Comover. If you reported an issue to local authorities, Comover may request a copy of that report. Except as required by law, we are not obligated to take action in response to any report.
12.3 Copyright Notifications. If you believe that Content on the Comover Platform infringes copyrights, please notify us in accordance with our Copyright Policy.
13. Termination, Suspension and other Measures.
13.1 Term. The agreement between you and Comover reflected by these Terms remains in effect until either you or we terminate the agreement in accordance with these Terms.
13.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. Comover may terminate this agreement for any reason by giving you 30 days' notice via email or using any other contact information you have provided for your account. Comover may also terminate this agreement immediately and without prior notice and stop providing access to the Comover Platform if (i) you materially breach these Terms or our policies, (ii) you violate applicable laws, or (iii) such action is necessary to protect the personal safety or property of Comover, its users, or third parties (for example in the case of fraudulent behavior of a user), or (iv) your account has been inactive for more than two years.
13.3 User Violations. If (i) you breach these Terms or our other policies, (ii) you violate applicable laws, regulations or third party rights, (iii) you have repeatedly received poor Reviews or Comover otherwise becomes aware of or has received complaints about your performance or conduct, (iv) as a Host, you have repeatedly cancelled confirmed bookings or failed to respond to booking requests without a valid reason, or (v) such action is necessary to protect the personal safety or property of Comover, its users, or third parties, Comover may:
- suspend or limit your access to or use of the Comover Platform and/or your account;
- suspend or remove Spots, Reviews, or other Content;
- cancel pending or confirmed bookings; or
- suspend or revoke any special status associated with your account.
In case of non-material violations or where otherwise appropriate, you will be given notice of any intended measure by Comover and an opportunity to resolve the issue, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other users or third parties, or (iii) contravene applicable laws.
13.4 Legal Mandates. Comover may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, including the measures described above in Section 13.3.
13.5 Effect of Termination. If you are a Host and terminate your Comover account, any confirmed booking(s) will be automatically cancelled and your Bookers will receive a full refund. If you terminate your account as a Booker, any confirmed booking(s) will be automatically cancelled and any refund will depend upon the terms of the Spot's cancellation policy. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Comover Platform has been limited, or your Comover account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the Comover Platform through an account of another user.
13.6 Appeal. If Comover takes any of the measures described in this Section 13 you may appeal such a decision by contacting our customer service.
14. Modification of these Terms.
When we propose changes to these Terms, we will post the revised Terms on the Comover Platform and update the “Last Updated” date at the top of these Terms. We will provide you with notice of the proposed changes by email at least thirty (30) days before the date they become effective. If the proposed changes to these Terms are material, you will be asked to explicitly accept the revised Terms. Such notice will also inform you about your right to reject the proposed changes, the timeframe to do so, and your right to terminate the Agreement at any time before the effective date of the proposed changes as provided in these Terms. In case of (i) non-material changes to these Terms which do not affect its essential provisions, in particular, provisions defining the nature and scope of the services provided by Comover, or (ii) changes that are required by law, a legally binding court decision, or binding order of a competent authority, your continued use of the Comover Platform after the effective date of the proposed changes will constitute acceptance of the revised Terms.
15. Resolving Complaints and Damage Claims.
If a Host or Booker provides valid evidence that you or your invitees (such as a Collaborator) culpably damaged the complaining user's real or personal property ("Damage Claim"), the complaining user can notify Comover and/or seek compensation through our customer service. You will be notified of the Damage Claim and given an opportunity to respond. If you agree to pay, or if the Damage Claim is escalated to Comover and Comover determines that the Damage Claim is valid and you are responsible for it, Comover via Stripe can collect the amount of the Damage Claim from you. Comover may also pursue against you any remedies it may have available under applicable law. You agree to cooperate in good faith, provide any information Comover requests, execute documents, and take further reasonable action, in connection with Damage Claims, user complaints, or other claims related to your use of the Comover platform. You may appeal a decision by Comover by contacting our customer service. Any decisions made by Comover in relation to a Damage Claim do not affect your contractual and statutory rights. Your right to take legal action before a court of law remains unaffected.
16. Comover's Role.
We offer you the right to use a platform that enables users to publish, offer, search for, and book Spots. When a Booker and Host make or accept a booking, they are entering into a contract directly with each other. Comover is not and does not become a party to any contractual relationship between users. While we work hard to ensure our users have great experiences using Comover, we do not and cannot control the conduct or performance of Bookers and Hosts and do not guarantee (i) the existence, quality, safety, suitability, or legality of any Spots or services offered by Hosts or (ii) the truth or accuracy of any Spot descriptions, Reviews, or other Content provided by users. You acknowledge that Comover has no general obligation to monitor the use of the Comover Platform and verify information provided by our users, but has the right to review, disable access to, remove, or edit Content to: (i) operate, secure and improve the Comover Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure users' compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address user Content that we determine is harmful or objectionable; (v) take actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including by removing Spots that don't meet quality and eligibility criteria. Where we remove or disable Content, we will notify a user and provide the reasons for such a measure, unless such notification would (i) prevent or impede the detection or prevention of fraud or other illegal activities, (ii) harm the legitimate interests of other users or third parties, or (iii) contravene applicable laws. You may appeal such a decision by contacting our customer service. You agree to cooperate with and assist Comover in good faith, and to provide Comover with such information and take such actions as may be reasonably requested by Comover with respect to any investigation undertaken by Comover regarding the use or abuse of the Comover Platform.
17. User Accounts.
You must register an account to access and use many features of the Comover Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that you are not a person or entity barred from using the Comover Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up-to-date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You must immediately notify Comover if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. You are responsible and liable for activities conducted through your Comover Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials). If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, or (iii) screen you against third-party databases or other sources and request reports from service providers.
18. Disclaimer.
We do not endorse or warrant the existence, conduct, performance, safety, quality, legality or suitability of any Booker, Host, services offered by a Host, Spot or third party and we do not warrant that verification, identity or background checks conducted on users (if any) will identify past misconduct or prevent future misconduct. Any references to a user being "verified" (or similar language) indicate only that the user or Comover has completed a relevant verification or identification process and nothing else. We are not responsible for outages or disruptions of the Internet and telecommunications infrastructure which are beyond our control and can lead to interruptions in the availability of the Comover Platform. Comover may, temporarily and under consideration of the users' legitimate interests (e.g. by providing prior notice), restrict the availability of the Comover Platform or certain features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Comover Platform.
19. Liability.
1. To the extent permitted by mandatory consumer law, we'll only be liable for costs you incur as a direct result of a failure on our behalf. This means, to the extent permitted by law, we won't be liable for (e.g.) any:
- indirect loss or indirect damage
- inaccurate information about a Spot
- product, service or action of a Host or other business partner
- mistake in an email address, phone number or credit card number (unless it's our fault)
- force majeure or event beyond our control.
2. If you are in breach of these Terms and/or the rules set by the Host for their Spot, to the extent permitted by law:
- we won't be liable for any costs you incur as a result, and
- you won't be entitled to any refund.
3. To the extent permitted by law, the most that we, or any Host, will be liable for (whether for one event or a series of connected events) is the cost of your Booking.
4. Nothing in these terms will limit our (or the Host's) liability in respect of our (or their) own (i) negligence that leads to death or personal injury or (ii) fraud or fraudulent misrepresentation.
5. We don't make any promises about Spots and services offered by Hosts (apart from what we expressly state in these Terms). Making the right choice(s) is entirely your responsibility.
6. Just to make it clear: nothing in these Terms will entitle any third party other than the Host to anything.
7. You may be protected by mandatory consumer protection laws and regulations, which guarantee you rights that no company's terms can overrule. In that case, our liability is determined not just by these Terms, but also by any applicable consumer protection laws and regulations.
20. Indemnification.
To the maximum extent permitted by applicable law, you agree to release, defend (at Comover's option), indemnify, and hold Comover (including Stripe, other affiliates, and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature) or our policies, (ii) your improper use of the Comover Platform, (iii) your interaction with any user, use of a Spot, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights. The indemnification obligation only applies if and to the extent that the claims, liabilities, damages, losses, and expenses have been adequately caused by your culpable breach of a contractual obligation.
21. Contracting Entities.
If you change your country of residence or establishment to a country outside of the EEA, Switzerland or the United Kingdom, the Comover company you contract with and the applicable version of the Terms of Service will be determined by your new country of residence or establishment, if supported, from the date on which your country of residence or establishment changes.
22. Applicable law and Jurisdiction.
These Terms are governed by and construed in accordance with Irish law. If you are acting as a consumer and if mandatory statutory consumer protection regulations in your country of residence contain provisions that are more beneficial for you, such provisions shall apply irrespective of the choice of Irish law. As a consumer, you may bring any judicial proceedings relating to these Terms before the competent court of your place of residence or the competent court of Comover's place of business in Ireland. If Comover wishes to enforce any of its rights against you as a consumer, we may do so only in the courts of the jurisdiction in which you are a resident. If you are acting as a business, you agree to submit to the exclusive jurisdiction of the Irish courts.
23. Miscellaneous.
23.1 Other Terms Incorporated by Reference. Our supplemental policies and terms linked to in these Terms apply to your use of the Comover Platform, are incorporated by reference, and form part of your agreement with Comover.
23.2 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms constitute the entire agreement between Comover and you pertaining to your access to or use of the Comover Platform and supersede any and all prior oral or written understandings or agreements between Comover and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Comover. If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
23.3 No Waiver. Comover's failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
23.4 Assignment. You may not assign, transfer or delegate this agreement or your rights and obligations hereunder without Comover's prior written consent. Comover may without restriction assign, transfer or delegate this agreement and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice. Your right to terminate this agreement at any time remains unaffected.
23.5 Notice. Unless specified otherwise, any notices or other communications to you permitted or required under this agreement, will be provided electronically and given by Comover via email, Comover Platform notification, messaging service (including SMS), or any other contact method we enable you to provide. If a notification relates to a booking or Spot in Japan, you agree and acknowledge that such notifications via electronic means in lieu of a written statement, satisfies Comover's obligations under Article 59 (1) of the Japanese Housing Spot Business Act.
23.6 Third-Party Services. The Comover Platform may contain links to third-party websites, applications, services or resources (“Third-Party Services”) that are subject to different terms and privacy practices. Comover is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
23.7 Google Terms. Some areas of the Comover Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.
23.8 Apple Terms. If you access or download our application from the Apple App Store, you agree to Apple's Licensed Application End User License Agreement.
23.9 Comover Platform Content. Content made available through the Comover Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Comover and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Comover Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Comover grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Comover Platform and accessible to you, solely for your personal and non-commercial use.
23.10 Force Majeure. Comover shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
23.11 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your Comover account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have a Comover Account.
23.12 Contact Us. If you have any questions about these Terms please email us.
24. Business Users.
You are a “Business User” for the purposes of these Terms if (i) your place of residence or establishment is within the EEA or the United Kingdom, (ii) you fully meet the definition of a ‘business user’ outlined in Article 2 (1) of Regulation (EU) 2019/1150 on promoting fairness and transparency for business users of online intermediation services (“Platform to Business Regulation”), and (iii) you have notified Comover that you are a Business User by adding your business details to your Comover Billing Profile. You are responsible for keeping your business details accurate and up to date.
25. Termination, Suspension and other Measures.
In case we take any of the measures according to Section 13.2 and 13.3, you will be given the opportunity to clarify the facts and circumstances leading to such a measure in the framework of our internal complaint-handling process as described in Section 26.
26. Complaints Handling and Mediation.
You can make a complaint by contacting our customer service or directly reach us via mail.
27. Access to Data.
Business Users have access to personal and other data in their Comover account and Host Dashboard which is provided by the Business User, their Bookers, or generated through the use of the Comover Platform and which is necessary for the performance of their hosting services, as well as aggregated information about searches, bookings and the performance of their Spots. Our Privacy Policy sets out the categories of personal data and other data we collect, how we use, process, disclose and retain it, and how you can access it and exercise your data rights.