1. The Platform
1.1. Fluxo “the Service” provides an online platform that allows “Hosts” (as defined below) to list “Spaces” (as defined below) and “Guests” (as defined below) to browse and book those Spaces directly with the Hosts. By using the Service, you acknowledge and agree that Fluxo is not a party to any agreement made between Hosts and Guests, nor does Fluxo serve as a real estate broker, agent, or insurer, even if the Space License Agreement (as defined below) is used in their arrangement. Fluxo does not oversee the actions of Hosts, Guests, or other users of the platform or any Spaces and accepts no liability for such actions to the fullest extent allowed by law. Fees charged for the Service are solely for access to the platform and related functionalities and do not constitute payment for other purposes.
1.2. By accessing or using the Service, you agree to release Fluxo from any claims or liabilities for damages that may arise from your use of the platform.
2. Definitions
2.1. "Fluxo" refers to our software platform, including all associated websites, applications, and services provided by Fluxo, Inc.
2.2. "Host" refers to individuals or entities who list their coworking spaces on Fluxo.
2.3. "Guest" refers to individuals who use Fluxo to book and utilise coworking spaces.
2.4. "Service" refers to the functionality provided by Fluxo, including the listing of spaces, booking management, and associated payment processing.
2.5. “Spaces” refers to any workspace offered by Hosts on the Fluxo platform for use by Guests.
2.6. “Space License Agreement” refers to the agreement entered into by Hosts and Guests
3. Platform Limitations
3.1. Fluxo does not own, operate, or manage any workspaces listed on the platform. The Service solely facilitates connections between Hosts and Guests for booking and using Spaces. All workspace operations, management, and obligations are the sole responsibility of the respective Hosts. By using the Service, you acknowledge and agree that Fluxo’s role is limited to providing the platform and that Fluxo is not involved in the ownership, operation, or management of any workspace.
4. Host Responsibilities
4.1. Users of the Fluxo platform are expected to adhere to the following responsibilities:
4.2. Provide Accurate Information: Hosts must ensure that all registration details about you and your organization and any information provided on the platform as requested by Fluxo, including descriptions, pricing, availability and amenities are truthful, complete, and up to date.
4.3. Maintain your Host Account: Hosts agree to maintain the confidentiality of their password and other information related to the security of their account. The User accepts full responsibility for their account and any action that results from improper use of the Service by themselves or third parties.
4.4. Legal and Responsible Use: Hosts must offer their spaces in compliance with all applicable laws, regulations, and licensing requirements. They are responsible for ensuring their workspaces meet safety, health, and accessibility standards.
4.5 Respect Guest Rights: Hosts must honor any confirmed bookings and adhere to the terms outlined in their listings. They are responsible for maintaining a welcoming, professional, and respectful environment for Guests.
4.6. Respect the Fluxo House Rules: Hosts must abide by the Fluxo House Rules
4.7. Maintain Workspace Quality: Hosts must ensure their spaces are well-maintained, clean, and in suitable condition for use. Any issues regarding the quality or condition of the workspace must be addressed promptly.
4.8. Ensure Workspace Readiness: Hosts must ensure that a booked space is available to the User at the start of each reservation period. If a booking does not have a space available, it is the Host’s responsibility to provide a comparable space in the same building.
4.9. Spaces Specific Requirements: It is the Hosts responsibility to ensure that a Fluxo Spaces listing that requires additional human approval (ie for large events) is listed as such on the Platform. Fluxo bears no responsibility for issues arising from incomplete or incorrectly classified listings.
4.10. Accept Liability for Damages: Hosts are responsible for any damages or issues that arise within the workspace, and for resolving any disputes regarding damages caused during a Guest's use of the space. The Host is responsible for addressing these directly and may seek compensation for the damages through appropriate channels.
4.11. Communication with Guests: Hosts should provide timely, clear, and professional communication with Guests before, during, and after their bookings, including addressing any questions or concerns raised.
4.12. By listing a workspace on Fluxo, Hosts acknowledge and agree to these responsibilities and to ensure a positive, professional and safe experience for Guests utilizing their space for coworking.
5. User Responsibilities
5.1. Users of the Fluxo platform are expected to adhere to the following responsibilities:
5.2. Provide Accurate Information: Users must ensure that all registration details about you and your organization and any information provided on the platform as requested by Fluxo are truthful, complete, and up to date.
5.3. Maintain your User Account: Users agree to maintain the confidentiality of their password and other information related to the security of their account. The User accepts full responsibility for their account and any action that results from improper use of the Service by themselves or third parties.
5.4. Legal and Responsible Use: Users must use the platform and any booked Spaces in a lawful and responsible manner, adhering to all applicable laws and regulations.
5.5. Respect Host Rules: Users must comply with any rules or guidelines set by Hosts regarding the use of their workspaces, including but not limited to access hours, permitted activities, and conduct.
5.6. Respect the Fluxo House Rules: Users must abide by the Fluxo House Rules.
5.7. Accept Liability for Damages: Users are responsible for any damages they cause to a workspace during their booking and must address such damages as required by the Host.
6. Termination
6.1. Fluxo reserves the right to suspend or terminate an account or your access to the Service, in whole or in part, without notice if (i) you breach these Terms of Use, any Space License Agreement (including any applicable House Rules), or any other rules governing the use of the Service, (ii) your actions are deemed harmful to Fluxo or other Users, or may result in liability for Fluxo or others, (iii) you receive negative feedback from other Users, or (iv) if Fluxo determines, in its sole discretion, that such action is necessary.
6.2. In the event of termination or suspension of your account:
(a) Any pending or future bookings as a Guest will be immediately cancelled.
(b) Fluxo may notify Hosts that Guest bookings have been cancelled.
(c) You will not be entitled to any compensation for cancelled bookings resulting from the suspension or termination of your account.
6.3. You may terminate your Fluxo account at any time by following the termination instructions provided within the Service. Upon termination, Fluxo may restrict your access to the Service and remove your Profile and any associated content from the platform.
7. Modification of Service
7.1. Fluxo may, at any time, modify the Service, including any content, software, or other materials used within the platform. References to any companies, products, services, or other information on the platform do not imply endorsement, sponsorship, or affiliation with Fluxo.
8. Bookings, Fees and Payments
8.1. For Users:
8.1.1. Users can book workspaces via the platform, linking their bank account details via our secure payment partner Stripe. All bookings must be made via the Fluxo platform with Host venue profiles and are bound by the Space License Agreement.
8.1.2. Fluxo does not hold any credit card data personally.
8.2. For Hosts:
8.2.1. Fluxo will charge a flat service fee on all bookings made through the platform and will recover any associated payment processing fees.
8.2.2. Payouts to Hosts will be processed on a weekly basis, reflecting the difference between the Fees Collected and any Service Charges due.
8.2.3. Fluxo reserves the right to withhold or deduct amounts owed to Hosts in connection with any disputes, chargebacks, or other issues that may arise related to a booking.
8.2.4. Hosts are responsible for any applicable taxes or charges imposed by government entities in connection with their use of the Fluxo platform.
9. Payment Terms
9.1. Upfront Payment Requirements: Users are required to make full payment at the time of booking a workspace through the Fluxo platform. No reservation is confirmed until the payment has been successfully processed.
9.2 Refunds for Cancellations: Refunds for cancellations are subject to the following terms:
9.3. Guest-Initiated Cancellations:
9.3.1. Cancellation 48 Hours or More Before Booking: If you cancel your booking 48 hours or more before the scheduled time, you will receive a full refund of the booking amount, minus any applicable fees.
9.3.2. Cancellation Within 48 Hours of Booking: If you cancel your booking within 48 hours of making the reservation but before the booking occurs, you will not be eligible for a refund.
9.3.3. Post-Booking Refund Requests: Please note that once a booking has taken place, guests are not eligible to request a refund. However, if you have any concerns or require assistance, you can contact the Fluxo help team, and we will do our best to support you.
9.3.4. All cancellations must be made through the Fluxo application.
9.3.5. Refunds will be processed back to the original payment method used at the time of booking.
9.3.6. Fees deducted during the booking process are non-refundable.
9.4. Host-Initiated Cancellations:
9.4.1. Guest Cancellation 48 Hours or More Before Booking: If a guest cancels their booking 48 hours or more before the scheduled time, they will receive a full refund of the booking amount, minus any applicable fees. In this case, you will not receive the 80% payment for that booking.
9.4.2. Guest Cancellation Within 48 Hours of Booking: If a guest cancels their booking within 48 hours of making the reservation but before the booking occurs, the guest will not receive a refund. As the host, you will retain the 80% payment for the booking.
9.4.3. Host Cancellation 48 Hours or More Before Booking: A host may cancel an upcoming booking 48 hours or more before the scheduled time, the guest will receive a full refund of the booking amount, minus any applicable fees. In this case, the host will not receive the 80% payment for that booking.
9.4.4. Host Cancellation Within 48 Hours of Booking: If a booking is within 48 hours a host may not initiate a cancellation request, However, if you have any concerns or require assistance, please contact the Fluxo help team for support.
9.4.5. Post-Booking Refund Requests: If a booking has already taken place, hosts are not eligible to request a refund. However, if you have any concerns or require assistance, please contact the Fluxo help team for support.
9.4.6. All cancellations and refund requests must be managed through the Fluxo application.
9.4.7. Adjustments to the payouts received by hosts will include recovery of cancelled bookings. This may result in your account going into a negative balance. In such cases, Fluxo reserves the right to hold future payments until your balance is positive or recover the funds from your linked account.
9.4.8. Fees deducted during the booking process are non-refundable.
9.5. Timelines for Refunds: Approved refunds will be processed within 5-10 business days from the date of cancellation confirmation. The exact timeframe for the refund to appear in the User’s account may vary depending on their financial institution.
9.6. Non-Refundable Fees: Service fees charged by Fluxo are non-refundable, except in cases where the cancellation is initiated by the Host.
9.7. Disputes: Any disputes regarding payments or refunds must be addressed directly through Fluxo’s support team within 30 days of the cancellation or disputed transaction. Fluxo will review the dispute and make a determination based on the facts presented and the applicable policies.
10. Fees and Payments10.1. Fluxo will charge a flat service fee on all bookings made through the platform and will recover any associated payment processing fees.
10.2. Payouts to Hosts will be processed on a weekly basis, reflecting the difference between the Fees Collected and any Service Charges due.
10.3. Fluxo reserves the right to withhold or deduct amounts owed to Hosts in connection with any disputes, chargebacks, or other issues that may arise related to a booking.
10.4. Hosts are responsible for any applicable taxes or charges imposed by government entities in connection with their use of the Fluxo platform.
11. Chargeable Services
11.1. Users agree that Fluxo will charge a flat service fee on all bookings, in addition to recovering any payment processing fees.
11.2. Users are solely responsible for any taxes or government-imposed charges related to their use of the Fluxo platform.
12. Liability Limitation
12.1. Fluxo’s liability to any Host is strictly limited to the total amount of platform fees paid by the Host for their use of the Service within the 12-month period immediately preceding the event giving rise to the claim. This limitation applies to all claims, whether arising from contract, tort, negligence, strict liability, or any other legal theory. Hosts acknowledge and agree that this limitation of liability reflects a reasonable allocation of risk and forms an essential basis of the agreement between the Host and Fluxo. Under no circumstances shall Fluxo be liable for any indirect, incidental, consequential, punitive, or special damages, including but not limited to loss of profits, data, or business opportunities, even if Fluxo has been advised of the possibility of such damages.
12.2. Fluxo disclaims all responsibility for the quality, safety, suitability, or compliance of any workspace listed on the platform. Fluxo does not inspect, verify, or endorse any workspace or its features, and makes no representations or warranties regarding the accuracy of listings, the condition of workspaces, or their adherence to applicable legal, regulatory, or safety standards. Hosts acknowledge that they bear sole responsibility for ensuring their workspaces comply with all applicable laws, regulations, and standards, including but not limited to health and safety codes, accessibility requirements, zoning laws, and permits.
12.3. Fluxo is not liable for any harm, loss, or damages arising from the use of or reliance on any workspace listed on the platform. Any disputes, claims, or issues regarding the condition or suitability of a workspace must be resolved directly between the Host and the Guest.
13. Insurance
13.1. Hosts are required to maintain appropriate liability insurance for their spaces listed on the Fluxo platform. This insurance must cover any potential claims arising from the use of the space by Guests, including but not limited to personal injury, property damage, or any other incidents that may occur during a Guest’s use of the workspace.
13.2. Hosts acknowledge that Fluxo does not provide insurance coverage for any workspace listed on the platform, and it is their responsibility to ensure they have sufficient insurance in place to protect themselves, their property, and their Guests.
13.3. Fluxo may request proof of insurance at any time, and failure to maintain adequate coverage may result in the suspension or removal of the Host’s listing from the platform.
14. Dispute Resolution
14.1. Fluxo may, but is not obligated to, monitor disputes between you and other Users related to the Service. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FLUXO IS NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR TRANSACTIONS, COMMUNICATIONS, OR INTERACTIONS WITH OTHER USERS, INCLUDING ANY SPACE LICENSE AGREEMENTS YOU MAY ENTER INTO. FLUXO DOES NOT CONTROL THE CONTENT IN HOST LISTINGS OR COLLECTIONS (AS DEFINED BELOW), NOR DOES IT GUARANTEE THE CONDITION, LEGALITY, OR SUITABILITY OF ANY SPACES. BY USING THE SERVICE, YOU RELEASE FLUXO FROM ANY AND ALL CLAIMS, CAUSES OF ACTION, OBLIGATIONS, OR LIABILITIES ARISING FROM OR RELATING TO SUCH TRANSACTIONS, COMMUNICATIONS, OR INTERACTIONS, INCLUDING SPACE LICENSE AGREEMENTS, HOST LISTINGS, COLLECTIONS FROM OTHER USERS, AND THE QUALITY, CONDITIONS, OR SUITABILITY OF SPACES.
14.2. You acknowledge that you are aware of California Civil Code Section 1542, which states: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY THEM, MUST HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR.With full awareness and understanding of this provision, you expressly waive any rights you may have under Section 1542 and any similar statutes or legal principles under applicable law.
14.3. While Fluxo is not obligated to intervene in disputes, it may, at its sole discretion, assist in facilitating mediation between Users if requested, aiming to help resolve conflicts in a fair and efficient manner.
15. Third Parties
15.1. Third Party Software: The Platform may include software from third parties that comes with its own licences and terms ("Third Party Software"). We will provide a list of these third-party components and their terms if required by law. Your use of the Platform also depends on these third-party terms. If there's a conflict between this Agreement and the third-party terms, the third-party terms will take precedence. We are not responsible for any issues related to Third Party Software.
15.2. Third Party Content: The Platform might show or link to content from other sources that we don’t own or control ("Third Party Content"). This doesn’t mean we endorse or approve of this content or the third parties behind it. We aren’t responsible for any problems that come from using Third Party Content or the practices of these third parties. We recommend you review their terms and privacy policies.