1. TENANT SERVICES ON THE PLATFORM
Tandem Is Not Your Agent (Unless We Have Signed a Representation Agreement)
While Tandem is a licensed real estate brokerage and engages with clients on a limited basis, we are not your agent or broker, even if you have created an account on our Platform, unless we have agreed specifically in writing to represent you by signing a written representation agreement.
Tenant Accounts
If you are a Tenant, you can browse available office spaces on the Platform and learn more about our services without creating an account. However, you must create an account on the Platform to connect with Hosts, apply for office spaces, enter into shared office space agreements, and enjoy other Tenant features on the Platform. We reserve the right to deny or remove any account registration at our discretion.
You agree that any information you provide to Tandem will be accurate, current, and complete, and you will keep it updated. All account information will be managed according to our Privacy Policy.
Tours
There are two kinds of listings on our Platform: listings managed within our Platform and listings that are only marketed on our Platform (“Third-Party Marketed” spaces). Third-Party Marketed listings will include a sentence indicating who is marketing the space.
If you request to see a Third-Party Marketed space, you may be accompanied by a Tandem representative who will help provide access to the space. These representatives do not act as your agent and cannot provide advice or guidance regarding negotiating, pricing, terms, or usage allowances with the Host.
Brokerage Services Through Tandem
Some Hosts require you to work with a broker to submit a non-binding letter of intent to lease their space. In these situations, you will be required to enter into a limited representation agreement with Tandem, which we will send to you along with a letter of intent for your approval. Tandem’s compensation will be described in that agreement.
Disclaimer of Liability for Tenant Services
Tandem will verify listings and Hosts for our own purposes. However, you are responsible for conducting your own due diligence regarding office spaces and Hosts. We expressly disclaim liability for any information provided to you by Hosts, whether through us or our Platform, and for any dispute that arises between you and a Host as a result of being connected through Tandem.
2. HOST SERVICES ON THE PLATFORM
Tandem Is Not Your Agent (Unless We Have Signed a Representation Agreement)
While Tandem is a licensed real estate brokerage and engages with clients on a limited basis, we are not your agent or broker, even if you have created an account on our Platform, unless we have agreed specifically in writing to represent you by signing a written representation agreement.
Host Accounts
If you are a Host, you may create an account on the Platform to list office spaces, connect with Tenants, and enter into office space-sharing agreements, subject to our approval. We reserve the right to deny or remove any listings or accounts at our discretion.
You agree that any information you provide to Tandem will be accurate, current, and complete, and you will keep it updated. All account information will be managed according to our Privacy Policy.
Fees and Payment to Tandem
For use of the Platform, you agree to pay Tandem for any Tenant who enters into an agreement for your office space, where the Tenant was introduced to you by Tandem while you had a listing on the Platform for said office space (“Platform Tenants”). Tandem’s fee (the “Platform Fee”) will be a percentage of the fees you collect from those Platform Tenants, as specified on your Company Information or Space Details page. Please note the following:
You agree to collect fees from Platform Tenants only through our Platform via our secure payment portal, powered by Stripe.We will collect our Platform Fee from the amount received from the Platform Tenant via the payment portal.The fee is based on the amounts actually received from the Platform Tenant for the office space; you will not be charged for unpaid fees.The Platform Fee is only based on fees for the use of the office space—not for deposits or other charges.The Platform Fee will apply for the duration of the agreement with the Platform Tenant. If the agreement is for less than 5 years, and you sign a subsequent agreement or agreements for your office space with that same Tenant, that Platform Fee will apply to those agreements, up to 5 years from the beginning of the original agreement.The above does not apply to Third-Party Marketed listings; for those, Tandem’s fees will be specified separately. Any separate written fee agreement with Tandem will supersede the Fees and Payment to Tandem section of these Terms of Service.
Host Representations and Warranties
By registering or using the Platform to connect with Tenants, you represent and warrant that you will maintain all licenses, permits, and agreements required by any local, state, or federal agency for your operations.
Disclaimer of Liability for Host Services
We do not guarantee that you will find a Tenant or enter into a shared office space agreement by using our Platform. You are responsible for conducting your own due diligence of the Tenants. We expressly disclaim liability for any information provided to you by Tenants, whether through us or our Platform, and for any dispute that arises between you and a Tenant as a result of being connected through Tandem.
3. GENERAL TERMS FOR USING THE PLATFORM
Account Security
You are solely responsible for keeping your login information confidential and secure. You are responsible for all activity conducted using your account—even if such activity was not authorized by you.
If your login information is lost or stolen, or if you believe that your account has been accessed by unauthorized third parties, you must notify us promptly in writing and change your password as soon as possible.
We reserve the right to disallow, remove, or reassign usernames at our sole discretion and may, with or without prior notice, suspend or delete your account if any activity on it is deemed a violation of these Terms, an infringement of our or any third party’s rights, or a violation of any laws or regulations.
Your Use of the Services
Subject to your strict compliance with these Terms, we grant you a limited, personal, non-exclusive, revocable, non-assignable, and non-transferable right and license to use the Platform in order to generate content, view content, share and download content using the features provided.
This license is conditional upon your strict compliance with these Terms, including, without limitation, the following:
You must not copy, rip, capture, or attempt to copy, rip, or capture any content from the Platform, except through authorized download or sharing as permitted by us.You must not use scraping or similar techniques to aggregate, repurpose, republish, or otherwise exploit any content.You must not alter or remove, or attempt to alter or remove, any trademark, copyright, or other proprietary or legal notices contained in or appearing on the Platform (except with respect to your own content).You must not, nor permit any third party to, copy or adapt the object code of the Platform; reverse engineer, reverse assemble, decompile, modify, or attempt to discover any source or object code of any part of the Platform; or circumvent any copy protection mechanism or access any rights management information pertaining to content other than your own.You must not use the Platform to upload, post, store, transmit, display, copy, distribute, promote, make available, or otherwise communicate to the public: any content that is offensive, abusive, libelous, defamatory, obscene, racist, ethnically or culturally offensive, indecent, promotes violence, terrorism, or illegal acts, incites hatred on the grounds of race, gender, religion, or sexual orientation, or is otherwise objectionable in our reasonable discretion; any information, content, or material that violates, plagiarizes, misappropriates, or infringes the rights of third parties, including without limitation copyright, trademark, privacy, or publicity rights, or that contains confidential information; or any content that violates, breaches, or is contrary to any law, rule, regulation, or court order, or is otherwise illegal or unlawful in our reasonable opinion; any material containing a virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or any other harmful or malicious component that could overburden, impair, or disrupt the Services or related servers and networks, or that could restrict or inhibit another user’s use or enjoyment of the Services; or any unsolicited or unauthorized advertising, promotional messages, spam, or other forms of solicitation.You must not engage in or encourage any conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law or regulation.You must not deliberately impersonate any person or entity or misrepresent your affiliation with any person or entity (for example, by registering an account in another’s name or sending messages under someone else’s name).You agree to comply with these conditions, and you acknowledge that Tandem may terminate your account or take other actions if you breach any of the above conditions or these Terms. Such actions may include legal proceedings or reporting offending users to the relevant authorities.
SMS Communications
While speaking with a Tandem representative over email, the phone, or in-person, if you provide the Tandem representative with your phone number you consent to updates regarding our Services via SMS. You may reply STOP (or follow any other method provided to you) to opt-out of future messages, or reply HELP for more information. Message frequency varies and message and data rates may apply. We do not share or sell your information to third parties, you can review our privacy policy on our website.
Email Communications
If you provide, or have provided, an email or mail address to us, you agree that we may provide notices to you through such means.
User Reviews
Tandem is not responsible for the ratings and reviews provided by users of the Platform. We cannot alter the ratings or reviews provided by a Tenant regarding a Host, or vice versa; only the posting user may edit their own ratings and reviews.
Changes to the Platform, Accounts, and Pricing
We reserve the right at any time and for any reason to suspend, discontinue, terminate, or cease providing access to the Services or any part thereof, temporarily or permanently, in whole or in part, or with respect to individual territories. In such cases, we will use reasonable endeavors to notify registered users in advance.
You agree that we and our subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers, and shareholders shall not be liable to you or any third party for any changes or modifications to the Website or Services, or for any decision to suspend, discontinue, or terminate the Website, Services, or access thereto in any territory.
We may change the features of any account type, withdraw or introduce new features, products, or account types, and change the prices charged for any aspect of the Platform from time to time. In the event of an increase in price or a material reduction in the features of your account, we will communicate such changes to you via email at the address we have on record. If you do not terminate your account following such notice, your continued use of your account will constitute acceptance of the changes.
Termination
You may terminate this Agreement by deleting your account and ceasing to use the Platform. You can delete your account by sending an email to info@tandem.space. Termination will be effective once all outstanding Platform Fees have been paid and all ongoing Platform Tenant arrangements have concluded. Upon termination, you may no longer have access to your account information, including any content you sent or received.
We may suspend your access to the Platform or terminate this Agreement at any time at our discretion.
Data Protection, Privacy, and Cookies
All personal data you provide in connection with your use of the Platform is collected, stored, used, and disclosed by Tandem in accordance with our Privacy Policy. Users accessing the Website from outside the United States do so at their own risk. Additionally, like most websites, we use cookies, location data, and other user information to help us understand how the Services are used and to improve the service. The Privacy Policy, as updated from time to time, is incorporated into these Terms, and you agree to the collection, use, and disclosure practices set forth therein.
Intellectual Property Rights
The Platform and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, as well as the design, selection, and arrangement thereof) are owned by Tandem, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
All names, logos, product and service names, designs, and slogans of the Platform are trademarks of Tandem or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Platform are the trademarks of their respective owners.
You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any material on our Platform except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing them.You may store files automatically cached by your web browser for display enhancement purposes.If we provide applications for download, you may download a single copy to your computer or mobile device solely for personal, non-commercial use, provided you agree to our end user license agreement for such applications.You must not modify copies of any materials from the Platform. You must not delete or alter any copyright, trademark, or other proprietary notices from any copies of materials. If you wish to use any material on the Platform in a manner not set out above, please contact us at info@tandem.space. If you print, copy, modify, download, or otherwise use or provide access to any part of the Platform in breach of these Terms, your right to use the Platform will terminate immediately, and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in the Platform or any content is transferred to you, and all rights not expressly granted are reserved by Tandem. Any unauthorized use of the Services is a breach of these Terms and may violate copyright, trademark, and other laws.
Copyright Infringement and DMCA Safe Harbor
We take the intellectual property rights of others seriously and require that you do the same. The Digital Millennium Copyright Act (DMCA) establishes a process for addressing claims of copyright infringement, which we have implemented for our Services. If you own a copyright or are authorized to act on behalf of a copyright owner and wish to report a claim that a third party is infringing on that copyright through Tandem, please send a notice to our designated copyright agent that includes:
A description of the copyrighted work that you claim is being infringed;A description of the material you claim is infringing and the URL or other location where the material appears;Your address, telephone number, and email address;A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (for example, as a fair use);A statement that the information in the notice is accurate and, under penalty of perjury, that you are either the copyright owner or authorized to act on behalf of the owner; andYour electronic or physical signature.Our designated copyright agent can be reached at: "Operations, 128 King St #300, San Francisco, CA 94107" and info@tandem.space. In appropriate circumstances, we may disable or terminate the accounts of repeat infringers. This process does not limit our ability to pursue other remedies for suspected infringement.
IMPORTANT! DISCLAIMERS, LIMITATIONS OF LIABILITY, AND INDEMNITY
Disclaimer
THE PLATFORM, INCLUDING THE WEBSITE, MOBILE APPLICATION, AND ALL CONTENT AND SERVICES ACCESSIBLE THROUGH THE PLATFORM, ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.” YOU AGREE THAT YOU ASSUME FULL, EXCLUSIVE, AND SOLE RESPONSIBILITY FOR YOUR USE OF AND RELIANCE UPON THE PLATFORM, WHICH IS AT YOUR OWN RISK. IT IS YOUR RESPONSIBILITY TO COMPLY WITH ALL APPLICABLE LAWS WHILE USING THE PLATFORM.
WHILE WE USE REASONABLE ENDEAVORS TO CORRECT ERRORS OR OMISSIONS IN THE PLATFORM PROMPTLY AFTER THEY ARE BROUGHT TO OUR ATTENTION, WE MAKE NO PROMISES, GUARANTEES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND (EXPRESS OR IMPLIED) REGARDING THE PLATFORM, ANY PART THEREOF, ANY CONTENT, OR ANY LINKED OR EXTERNAL SERVICES. WE DO NOT WARRANT THAT YOUR USE OF THE PLATFORM WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, NOR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THAT THE PLATFORM OR THE SERVERS ON WHICH IT OPERATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT CONTENT UPLOADED TO THE PLATFORM WILL BE SECURE, OR THAT PREVENTIVE MEASURES AGAINST UNAUTHORIZED ACCESS, SHARING, OR DOWNLOADS WILL ALWAYS BE EFFECTIVE. WE FURTHER DO NOT WARRANT THAT YOUR USE OF THE SERVICES COMPLIES WITH ALL APPLICABLE LAWS IN ANY PARTICULAR JURISDICTION.
TANDEM, ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, AND SHAREHOLDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMITTED BY LAW. WHERE THE LAW PROHIBITS THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SUCH DISCLAIMERS SHALL NOT APPLY TO THE EXTENT REQUIRED BY LAW.
Limitation of Liability
THE LIABILITY OF TANDEM, OUR SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS, AND SHAREHOLDERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TANDEM BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, BUSINESS REPUTATION, COSTS TO PROCURE SUBSTITUTE GOODS OR SERVICES, OR ANY INTANGIBLE LOSSES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PLATFORM OR ANY SERVICES PROVIDED BY TANDEM.
This limitation applies regardless of whether damages arise from breach of contract, tort, errors, or any other legal theory.
ALTHOUGH NOT EXHAUSTIVE, TANDEM AND ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS, AND ASSIGNS, AND THEIR RESPECTIVE EMPLOYEES, AGENTS, DIRECTORS, OFFICERS AND SHAREHOLDERS, SHALL HAVE NO LIABILITY FOR:
Any loss or damage resulting from your reliance on the content of the Platform, including content originating from third parties or any communication with the Platform.Your inability to access or use the Platform or any part thereof—including deletion, corruption, or failure to store any content or data transmitted through your use of the Platform, or your ability to access any content or External Services.Any changes Tandem makes to the Platform or any part thereof, or any temporary or permanent suspension or cessation of access to the Platform or its content in any territory.Any action taken against you by third-party rights holders regarding any alleged infringement of their rights related to your content or your use of the Platform, or any action taken as part of an investigation by Tandem or law enforcement regarding your use of the Services.Any errors or omissions in the technical operation of the Service, or any inaccuracy or defect in any content or information related to content.Your failure to provide Tandem with accurate or complete information or to keep your account login information confidential.Any loss or damage to computer hardware or software, loss of data, or any loss or damage resulting from any security breach.Any loss of profits arising from your reliance on the Services, whether foreseeable or not.Any claim or cause of action arising out of or related to your use of the Platform must be notified to Tandem as soon as possible. Applicable law may not allow the exclusion of liability for incidental or consequential damages; in such cases, you agree that the above limitations reflect a reasonable allocation of risk between you and Tandem.
Indemnification
You agree to indemnify, defend, and hold harmless Tandem, its successors, assigns, affiliates, agents, directors, officers, employees, and shareholders from and against any and all claims, damages, losses, expenses, and costs (including reasonable attorneys’ fees) resulting from:
Any violation by you of these Terms; orAny activity related to your account, whether conducted by you or by any other person accessing your account with or without your consent.Third Party Websites and Services
The Platform may provide you with access to and/or integration with third-party websites, databases, networks, servers, information, software, programs, systems, directories, applications, products, or services (collectively, “External Services”). We do not control and are not responsible for the content, operation, or use of these External Services. By linking to or providing access to External Services, we do not endorse or guarantee the legality, accuracy, quality, or authenticity of their content or services.
External Services may have their own terms and privacy policies and may operate under practices different from ours. You are solely responsible for reviewing and complying with any terms governing your use of these External Services, and you use them at your own risk. We are not liable for any harm resulting from your use of External Services.
GENERAL LEGAL PROVISIONS
IMPORTANT! Arbitration, Applicable Law, and Jurisdiction
These Terms shall be construed in accordance with and governed by the laws of the United States and the State of California, without regard to conflict of law rules.
In the event of any dispute, controversy, or claim arising out of or relating to these Terms or their interpretation, performance, breach, termination, enforceability, or validity (a “Dispute”), the party raising the Dispute shall notify the other promptly. The parties agree to cooperate in good faith to resolve any Dispute by negotiating between representatives with authority to settle the matter.
Any Dispute that cannot be resolved as provided above shall be resolved by arbitration conducted in accordance with JAMS’s most current Comprehensive Arbitration Rules and Procedures. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction. The arbitration tribunal shall consist of a single arbitrator unless the claims exceed ten million dollars ($10 million), in which case a panel of three arbitrators shall be appointed. In the case of a single arbitrator, the parties may agree on an appointment within fourteen (14) days of receipt of the arbitration demand; if no agreement is reached, the arbitrator will be appointed in accordance with the JAMS Rules. For a three-arbitrator panel, each party shall appoint one arbitrator, and the two appointed shall choose the third; any failure to agree shall be resolved as prescribed by the JAMS Rules. The place of arbitration shall be Alameda County, California, unless the parties agree otherwise. The arbitrator’s award shall be final and binding, and the parties waive any right to appeal the award to the extent allowed by law.
Notwithstanding the foregoing, each party retains the right to seek judicial assistance to (i) compel arbitration, (ii) obtain interim measures of protection until the arbitrator(s) are empaneled and determine whether and in what form such measures should be continued, and (iii) enforce any decision of the arbitrator, including the final award. The parties submit to the exclusive jurisdiction of the state and federal courts located in California for purposes of (i) and (ii), although either party may seek relief in any court with jurisdiction over the matter for (iii).
No Agency Relationship
These Terms and your use of the Platform do not create, and shall not be construed as creating, any relationship—whether a partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship—between the parties. Your use of the Platform is solely for your benefit, and the provision of the Platform to you (subject to your compliance with these Terms) constitutes the entire consideration.
Assignment to Third Parties
Tandem may assign its rights and (where permissible by law) its obligations under this Agreement, in whole or in part, to any third party at any time without notice, including to any person or entity acquiring all or substantially all of the Tandem’s assets or business. You may not assign this Agreement or any rights or duties hereunder without the prior written consent of Tandem.
Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and will not affect the validity or enforceability of the remaining provisions, which will remain in full force and effect.
Entire Agreement
These Terms constitute the entire agreement between you and Tandem with respect to your use of the Services and supersede any prior agreements. Any modifications to this Agreement must be made in writing.
Third Party Rights
These Terms are intended solely for the benefit of you and Tandem. They do not confer any rights on any third party. This does not affect our right to transfer our rights or obligations to a third party.
Contact Information
More information about Tandem is available by contacting us at info@tandem.space.