TERMS & CONDITIONS OF SERVICE

OVERVIEW

THE HATCH. We create communities for the creative and mobile workforce. Who we are for the purposes of these terms and conditions is THE HATCH CAPITAL I LLC, a Texas limited liability company. The relevant entity that you enter into this agreement with shall be known in these terms and conditions as “we,” “our” or “us”.

You. References to “you,” “your” and similar words in these terms of use refer to the individual registering for the THE HATCH program and agreeing to be bound by these terms.

By agreeing to these terms of service you are entering into an agreement that describes your rights and obligations in connection with your receipt and use of the services provided through the THE HATCH program, comprising services provided through our website, TheHatchCreates.com, and our mobile applications (known as our “online services”) and access to and use of certain space in certain THE HATCH locations. Please read these terms carefully, as they affect your legal rights. Among other things, these terms include your agreement with us to arbitrate certain claims instead of going to court and, if applicable, to not participate in class action claims. If you have any questions about these terms, please contact legal@thehatchcreates.com. By using our services, you are agreeing to abide by and be bound by these terms of service. Some features of our services may be subject to additional guidelines, terms, or rules, which will be posted with those features or otherwise communicated to you.

Any references to “services” in these terms and conditions of service applies solely to access to and use of our locations and the online services that we directly provide. “Services” do not include, and we are not responsible or liable for, the provision of services by any third parties which you may elect to purchase in connection with your THE HATCH membership, such as group health insurance, gym memberships or payroll services. Any such third party services are provided solely by the applicable third party pursuant to an agreement between you and the third party. You agree that our making available access to or discounts for third party services does not constitute provision of such third party services by us. Furthermore, you shall look solely to the applicable third party for provision of the applicable third party services and for compensation for any claims, damages, liabilities or losses you may incur in connection therewith. Notwithstanding, the availability and scope of the services, as well as the availability and scope of benefits we offer in relation to third party services, is subject to change from time to time in our discretion.

Privacy Policy. Our privacy policy (TheHatchCreates.com/Privacy) explains what information we collect when you use our services and how that information is used.

Modifications. We may make modifications, deletions or additions to these Terms & Conditions from time to time. Such changes will be effective: (i) thirty (30) days after we provide notice of the changes, whether such notice is provided through the user interface of our online services, is sent to the e-mail address associated with your account or otherwise; or (ii) when you opt-in or otherwise expressly agree to the changes or a version of these Terms & Conditions incorporating the changes, whichever comes first.

CREATING, PURCHASING AND TERMINATING YOUR MEMBERSHIP

Online Services. Our online services are available to members who are above the age of eighteen (18). You agree to provide us with accurate and complete information about yourself when you register with us and as you use our services. You also agree to keep your information up-to-date. Please do not reveal your account password or transfer your keycard or other location access device to anyone else (or let them use your account). You are responsible for maintaining the confidentiality of your password and security of your location access device. You should promptly notify us if you suspect your password or location access device has been compromised.

Linking to a Business or Company. During the online registration process, you are asked to identify a business or company with whom your profile is associated. You agree that you will not falsely represent your association with any company, impersonate any third party or otherwise submit any false or misleading information to us. In the event your relationship with the company changes or is terminated, you agree to promptly update your profile to reflect this. Conversely, your individual account may have been created by an authorized representative of your employer. If you are an authorized representative, you hereby warrant and represent to us that you have the proper authority to create and terminate the company account and add and remove individual members to and from the account and agree to indemnify us for any loss we may suffer as a result of any breach of this warranty and representation.

Payments. By signing up for an account and providing your payment information, you agree to pay THE HATCH the recurring and/or nonrecurring fees as displayed to you at the time you create your account. You acknowledge and agree that the payment instrument provided by you will be automatically charged the fees and any other amounts you may incur or be liable for (including for damages caused to any of our locations or property) in connection with your THE HATCH membership. Your use of the services may be immediately suspended if we are unable to charge such payment instrument for any reason. Recurring fees shall be charged on each applicable anniversary (e.g., monthly, quarterly, etc.) of the first date of the applicable period. The fees applicable to your account may be subject to modification from time to time pursuant to notice provided by us at least fifteen (15) days in advance of the payment date for which the modification would be effective. Your continued use of the services following such notice and through the payment date constitutes your agreement to such modified fees. You may at any time cancel your account as set forth below if you do not agree to any modified fees.

All fees must be paid in US$ and are non-refundable, except that pre-paid fees shall be refunded on a pro-rated basis solely in the event that we discontinue the THE HATCH program prior to the end of your pre-paid subscription period.

Account termination. If you fail, or if we suspect that you have failed, to comply with any of the provisions of these terms, we may, at our sole discretion and possibly without prior notice to you, restrict your access to your account and our services and/or terminate your account with immediate effect. In addition, we may decline to renew your subscription at the end of your subscription period for any reason or for no reason. Furthermore, we may, at any time, terminate your account in the event we elect to discontinue the THE HATCH program. You can cancel your account at any time, by speaking with the front desk manager at your THE HATCH location. If your individual account was created by an authorized representative of your employer, an authorized representative of your employer may at any time terminate your individual account by speaking with the front desk manager at your THE HATCH location. Cancellation will be effective immediately upon our receipt of notice of cancellation. We do not provide refunds upon termination or cancellation of your account with respect to amounts already paid. CANCELLATION MUST BE RECEIVED BY THE FRONT DESK AT YOUR LOCATION NO LATER THAN FORTY-EIGHT (48) HOURS PRIOR TO THE 1ST OF THE FOLLOWING MONTH. OTHERWISE, YOU WILL BE RESPONSIBLE AND LIABLE FOR THE FOLLOWING MONTH’S MEMBERSHIP FEES.

WHAT RULES APPLY SPECIFICALLY TO USE OF THE MOBILE APPLICATION?

License. If you download the THE HATCH mobile device application, then, subject to your compliance with these terms, we grant you a limited, nonexclusive, nontransferable, revocable license to install and use the application on a compatible mobile device that you own or control for your personal use, in each case in the manner enabled by us, for so long as you remain a member in good standing of THE HATCH. If you are using the application on an Apple, Inc. (“Apple”) iOS device, the foregoing license is further limited to use permitted by the “Usage Rules” set forth in Apple’s App Store Terms of Service.

Other Application Terms. You acknowledge and agree that you are solely responsible for data usage fees and any other fees that your wireless service carrier may charge in connection with your use of the application. As between you and us, we own all worldwide right, title and interest, including all intellectual property and other proprietary rights, in and to the application, the software and technology used by us to provide application features and functionality and all usage and other data generated or collected in connection with the use thereof. Except for as expressly set forth herein, you agree not to license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized use of any of the foregoing. In addition, you agree not to reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the application or any other software or technology of ours.

Apple. You hereby acknowledge and agree that Apple, Inc. (or, as the case may be, any member of its group): (i) is not a party to these terms; (ii) has no obligation whatsoever to furnish any maintenance or support services with respect to the application; (iii) is not responsible for addressing claims by you or any third party relating to the application, including any product liability claims, claims under consumer protection laws or claims under any other law, rule or regulation; (iv) has no responsibility to investigate, defend, settle or discharge any claim that the application or use thereof infringes any third party intellectual property rights; and (v) and its subsidiaries are each a third party beneficiary of these terms with the right to enforce them against you directly.

WHAT RULES APPLY TO POSTING STUFF ON OUR ONLINE SERVICES?

Online Posting. As a member, you can post and share content and other information on our online services with others. You are responsible for everything that you post and the content you share through our online services, including its legality, reliability, and appropriateness.

We may use information that you post on our online services. By posting your content on our online services, you give us the right and license to use, store, reproduce, modify, create derivative works of, publish, distribute, transmit, and display that content through our online services. You agree that we can also make that content available to other users of our online services, who may view and/or use your content, subject to these terms.

Removing your posts. You can remove your posts at any time (if you remove your post all of the subsequent comments to that post will also be deleted). Your posts will otherwise remain on our online services, even if your account ends. If you remove a post, it will not be visible to other users via our online services, but others may still be able to access and share those posts if they have been viewed and/or are retained by them on their devices. Even if you remove a post from our online services, a copy will be retained by us and is subject to our data retention policy.

Prohibited Posts. You may not use the services in any manner that: promotes or incites racism, bigotry, hatred or physical harm of any kind against any group or individual; bullies, defames, harasses or advocates stalking of, or the intimidation another person; involves pornographic or obscene materials; is harmful, abusive, threatening, offensive, defamatory or libelous; invades the privacy or discloses the private information of anyone; violates someone’s right of publicity; impersonates others or in a manner intended to or does mislead or confuse; is used for unlawful purposes or for promotion of dangerous and illegal activities; involves spamming or the sending of mass solicitations; implies that any statements you make are endorsed by us; is false, deceptive or misleading, or misrepresents or deceives others as to the source, accuracy, integrity or completeness; infringes any intellectual property or proprietary rights of others; transmits any restricted, confidential or proprietary information of others; or transmits content prohibited under any law, rule or court order, or prohibited as a result of any employment, contractual or other legal obligation or relationship.

Monitor Posts. We have no obligation to pre-screen or monitor any posts and do not guarantee any content in our users’ posts will be accurate or in compliance with these Terms & Conditions. We may at any time and for any reason edit, delete or remove any posts or any information transmitted by you that we believe (in our judgment) violates these Terms & Conditions.

What not to do. On the condition that you comply with these Terms & Conditions, you have the right to access and use the content and information that is available on our online services. You may not access our services through scraping, spidering, crawling or other technology or software used to access data. You may not download, reproduce, publish, transmit, distribute, modify, create derivative works of, or otherwise exploit any of our content on the online services, nor other users’ content (unless you have the user’s written permission).

Inflict no digital harm. When using our online services, you agree not to: restrict or interfere with any user’s use of our services; collect email addresses or other contact information of users without their prior consent for the purposes of sending spam or send spam, chain letters or other similar communications to other users; reverse engineer, decompile, disassemble “frame” or “mirror” any portion of our services; use any robot, spider, site search/retrieval application, or other manual process or automatic device or extraction tool in order to access, monitor, copy, use, download, index, scrape, data mine, interact, overload or in any way reproduce or circumvent the navigational structure or presentation of our services; upload or transmit any submission that contains or embodies a software virus, worm, cancelbot, Trojan horse or other harmful, contaminating or destructive feature, computer code, file or program or otherwise violates the restrictions on such submissions set forth in the terms of service; or violate any law, rule, regulation or order of any court.

Enforcement. We reserve the right (but have no obligation) to investigate and aggressively take appropriate action, including removing your content from our online services (or modifying it), suspending or terminating your account, and/or reporting you to law enforcement authorities, if your content or conduct violates these Terms & Conditions. We may access and disclose any information or content about you or that you have posted where we feel necessary or appropriate to cooperate with governmental requests, regulatory authorities, subpoenas and court orders, and to protect the safety or rights of any person.

COPYRIGHT

Ownership. We, and our licensors, own our online services, including the software and underlying technology that makes it available. All of these are protected by copyright and other intellectual property laws worldwide. By accessing or using our online services, you do not acquire any ownership rights in or to any of our intellectual property. Unless we expressly grant rights to you in these terms of service, we retain all rights in our online services and software.

Copyright. It is our policy to remove, or disable access to, any content that infringes any copyright on our online services after we have been notified by the copyright owner (or their legal agent). If you believe any content on our online services infringes your copyright, you may request removal of those materials from our online services by providing us the following information:

  • Identification of the copyrighted work that you claim has been infringed.
  • Identification of the content that you believe to be infringing and its location on our services. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the content.
  • Your name, address, telephone number and email address.
  • A written statement from you that you have a good faith belief that the use of the content is not authorized by the copyright holder, its agent or the law.
  • A written statement from you that the information that you have supplied is accurate and that you warrant and represent to us that you are either the copyright owner or are authorized to act on the copyright owner's behalf with respect the applicable content.
  • A signature or the electronic equivalent from the copyright holder or authorized representative.

Notice of claims should be sent to legal@thehatchcreates.com.

ADVERTISEMENTS, ENDORSEMENTS AND TESTIMONIALS

Advertisements. Our online services may include advertisements, which may be targeted to certain content or information available on our online services, to your interactions or your use of our online services, or to other information. The types and extent of advertising on our online services are subject to change. In consideration for us granting you access to and use of our online services, you agree that we and any of our third party providers and partners may place such advertising on our online services.

Testimonials. From time to time, we may also publish on our online services testimonials by users, related to their experiences with our online services. These testimonials are their “subjective opinions” and they represent individual results. None of these testimonials have been scripted by us or, to our knowledge, third parties. We publish these testimonials verbatim, except for correction of grammatical or typographical errors. Also, we may shorten some testimonials if they appear lengthy or not entirely relevant for a general audience. All other testimonials and endorsements of any type, format or nature that users post are not verified by us and we make no warranty or representation as to their accuracy.

USING OUR LOCATIONS

Conference Rooms and Workspaces. You will be entitled to use up to a certain amount of hours per month for workspace or conference rooms in certain of our locations during such location’s regular business hours on such location’s regular business days, all subject to availability of such workspaces or conference rooms. These hours may not be rolled over from month to month. You may not reserve more than ten (10) days in any calendar month in the same location. Use of our workspaces and conference rooms in excess of such number of hours is subject to overage fees. You can review the current schedule outlining hourly usage and overage fees at signup. THE HATCH.com. This schedule is subject to change from time to time. Overage fees shall be billed at the end of the month to which the overage fees occurred along with your monthly membership dues.

Packages. Subject to availability, you may elect to receive packages at one of our locations. If you have done so, we will accept deliveries on your behalf during such location’s regular business hours on such location’s regular business days. We have no obligation to store packages for more than thirty (30) days of our receipt or if we receive packages after you terminate your membership. This feature is meant to allow you to accept business correspondence from time to time. It is not meant for an address for the receipt of merchandise or personal goods. As such, we have no obligation to accept bulk or oversized packages. WE DO NOT ACCEPT MEMBER’S MAIL AT ANY OF OUR LOCATIONS.

Community Guidelines. Each location will have its own community guidelines governing the expected behavior in such location, which you must comply with. These guidelines may be revised from time to time. In general, we expect that you will not perform any activity that is reasonably likely to be disruptive, damaging or dangerous to other members, their guests or the property of the foregoing, or to our employees or our locations or personal property. This includes, but is not limited to, anything under Prohibited Posts. If you have questions about the guidelines for any of our locations, please contact us.

Security. For security purposes, we may regularly record via video certain areas of our locations. You may be required to present a valid, government-issued photo identification in order to gain access to our locations.

Property. We are not responsible for any property you may leave behind in one of our locations. It is your responsibility to ensure that you have retrieved all of your personal items prior to leaving.

Damage. You may be held liable (and do hereby authorize us to charge you) for the repair cost for all damage to our locations and items therein caused by you or your guests.

Common Areas. Common spaces in our locations are to be accessed by you and your guests in the time immediately prior to and following your reserved time in the location. They are for temporary use and not as a place for continuous, everyday work. Examples of the common spaces are a couch, chairs and/or lounge at the front of the location before allowing access to the spaces in the location.

Use of the THE HATCH Name; Photos of the Locations; Other Members’ Property. You may not use the name THE HATCH or use pictures or illustrations of our locations in any advertising, publicity or other purpose without our prior consent. You may not take or copy information belonging to other members.

Nature of these Terms. Notwithstanding anything in these Terms & Conditions to the contrary, these Terms & Conditions in no way shall be construed as to grant you any title, lease, easement, lien, possession or related rights in our business, our locations or anything contained in our locations. This agreement creates no tenancy interest (including any security of tenure), leasehold estate, or other real property interest. Neither party will in any way misrepresent our relationship.

LIMITATIONS OF LIABILITY

We are not liable for actions of our users. We do not control and are not responsible for the actions of users on or of our services or at our locations. We also do not and have no obligation to screen, edit, or review submissions. You should be aware that it is possible that other users may not be who they claim to be. We do not perform background checks on our users nor do we guarantee that our users’ profiles are accurate. User submissions may be misleading, deceptive, or erroneous, and you acknowledge and agree that any use by you of any submission is at your own risk. We do not endorse, support or verify the facts, opinions or recommendations of our users.

Limitation of Liability. We will not be liable to you for any indirect, special, incidental, exemplary, punitive or consequential damages and any loss of profits, revenue or data, even if advised of the possibility of such damages and regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise. . To the extent permitted by law, our total liability for any loss whether in contract, tort (including negligence), breach of statutory duty or otherwise, including for any breach of implied warranties or conditions, is limited to the amount you paid us to use the services to which the loss relates.

For the avoidance of doubt, nothing in these Terms & Conditions will exclude our liability for (i) death or personal injury caused by our negligence (ii) fraud or fraudulent misrepresentation or (iii) any breach of any implied terms which cannot lawfully be excluded.

Disclaimer of warranties and implied terms. To the extent permitted by law, we disclaim all warranties and terms, express or implied, with respect to our services, including warranties, terms or representations as to the availability, operation, performance and/or use of our services, or any other materials on or accessed via our services, including any warranties or terms of merchantability, fitness for a particular purpose, title, non-infringement and any implied warranties, terms or indemnification arising from course of dealing or course of performance.

Exclusions. Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the exclusions and limitations above may not apply to you. In such event, such exclusions and limitations shall apply to the maximum extent allowed under applicable law.

INDEMNIFICATION

Indemnify and Hold Harmless. You agree to indemnify and hold harmless THE HATCH, its officers, directors, employees, agents, representatives and affiliates, and its third party providers and partners (including the owners of the locations for our locations), from any claims, damages, losses, costs, reasonable attorneys’ fees or other expenses that arise directly or indirectly out of or from your violation of the terms of service, your use of our services, or any information, content or materials contained, displayed or available therein, by you or any other person accessing them under your authorized access methods, your violation of the rights of any third party or your submissions, except in each case to the extent any of the foregoing arises directly out of our gross negligence or willful misconduct.

Agreement to Cooperate. From time to time, we may investigate any actual, alleged or potential violations of these Terms & Conditions. You agree to cooperate fully in any of these inquiries. You waive any and all rights against us, our officers, directors, employees, agents, representatives and affiliates, and agree to hold them harmless in connection with any claims relating to any action taken by us as part of our investigation.

GENERAL PRIVACY NOTICE

We are the data controller and processor for the purpose of the Data Protection Act 1998.

By proceeding to use our services you consent that:

(i) we may collect personal information about you in a variety of ways. Collected information may include information that may be provided by you in the initial sign-up process or during your membership, and information that may be gathered from our security cameras located on the premises. Note that you are not obligated to provide us with personal information and any information collected by us will be provided by you at your own will;

(ii) we may collect, use, store and transfer the information in accordance with applicable laws for various purposes, including facilitating the services, performing accounting and administrative tasks, internal review and audit, compliance with obligations under applicable laws and regulations, and to enforce or manage legal claims;

(iii) we may also transfer the personal information collected by us and make it available to our personnel, advisors, professionals, subcontractors, independent consultants, external third party services providers and our affiliates for the foregoing purposes. Some of these transferees may not be located in your country, and therefore your information may be transferred to countries that may or may not guarantee a level of privacy and data protection that is equivalent to the level of privacy and data protection set by the laws in your country.

GENERAL PROVISIONS

Governing Law. These Terms & Conditions and any dispute arising out of these terms (including any non-contractual disputes) will be governed by and interpreted according to the laws of the State of Texas, without giving effect to its principles or rules of conflict of laws.

Arbitration. Any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought by either party is less than Ten Thousand Dollars and No Cents ($10,000) shall be resolved via binding non-appearance-based arbitration initiated through the American Arbitration Association (“AAA”). The AAA Rules are available online at www.adr.org or by calling the AAA at 1-800-778-7879. In any such arbitration, the parties and AAA must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, where the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; (c) the arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim; and (d) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Jurisdiction. Any claim which is not subject to arbitration pursuant to the foregoing paragraph shall be adjudicated exclusively in the courts located in the County of Collin and in the federal courts in the Northern District of Texas. Nothing in this agreement shall prevent either party from seeking remedies in small claims courts of competent jurisdiction, or from seeking injunctive relief in any court of competent jurisdiction.

Class Action Waiver. Any proceedings to resolve or litigate any dispute subject to arbitration will be conducted solely on an individual basis. Neither you nor we will seek to have any such dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of all parties to all affected proceedings.

OFAC. You hereby represent and warrant that you are not, nor will you be at any time while you are a member, an entity or individual listed on the Specially Designated Nationals and Blocked Persons List published by the U.S. Department of Treasury, as updated from time to time.

Contacting us. If you have any questions relating to these terms of service, please Legal@TheHatchCreates.com or Questions@TheHatchCreates.com.