T5 Community TERMS OF USE (TOU)
Appendix I – Terms of Use 2023:1 These Terms of Use (the “TOU”) apply for all Services (as defined in Section 2 below) provided by T5 Community AB, reg.no 559109-4742 (“T5”), to its members and is considered an integral part of the membership agreement (“Membership Agreement”) entered into between T5 and its members (each a “Member”).
GENERAL
1.1 The Member confirms that they share T5's vision to contribute to a creative coworking community where businesses and freelancers unite and inspire each other in a safe, generous, dynamic, and open environment. We aim to contribute to the well-being, development and success of our community and all of our members.
1.2 The Member acknowledges the importance of respectfully treating other Members, colleagues, guests, employees, agents, T5 partners, and others who use or visit T5 premises. 1.3 The Member will keep a clean and organized workspace and conduct their business in a manner that allows other Members to work productively and perform at their best.
1.4 The Member undertakes not to perform any activity that is reasonably likely to be disruptive, damaging, or dangerous to T5, T5's employees, agents, partners or affiliates, other Members, any guests, or others who use or visit T5 premises.
1.5 During the term of the Membership Agreement, T5 does not grant any exclusive rights to the Member. The Member acknowledges that the Services may be offered to other Members under similar or different terms as outlined in the Membership Agreement.
DESCRIPTION OF SERVICES
2.1 General
2.1.1 Members are offered different types of memberships, as set out in Sections 2.2 and 2.3 below (the “Memberships”).
2.1.2 Depending on your Membership, T5 may provide you with access to the T5 Premises, workspaces, internet access, office equipment, classes, and event space. You also have access to bookable Services. T5 provides access to bookable meeting rooms and event space (together called the “Services”).
2.1.3 Memberships include access to the T5 Premises between 06:00-00:00 on weekdays and 08:00-20:00 on Saturdays and Sundays. Furthermore, coffee and refreshments are offered in the café and pentry on the T5 Premises, and printing possibilities are available to members within a reasonable limit.
2.1.4 The Membership is granted to the Member under the Membership Agreement, and these TOUs may not be transferred or assigned to any other entity or person.
2.1.5 Memberships or Membership Agreements shall in no way be construed as to grant the Member any lease or related rights to the T5 Premises or otherwise.
2.1.6 The Membership Agreement and these TOU, which T5 may update from time to time, constitute the entire agreement between the Member and T5 regarding the Services and supersedes any prior communications or agreements between the parties.
2.1.7 The invalidity or unenforceability of any terms or provisions in the Membership Agreement or these TOU shall not affect the validity or enforceability of any other terms and provisions set out herein.
2.2 T5 Work Membership
2.2.1 There are three different kinds of T5 memberships:
(i) T5 Time: Time Membership gives you access to T5 Premises two (2) days a week; access to Services that can be consumed using credits (Services paid for using credits can be accessed any time); meeting rooms, workshops and classes.
(ii) T5 Flex: Flex Membership gives you access to T5 Premises and open spaces when needed; access to Services that can be consumed using credits (Services paid for using credits can be accessed any time); meeting rooms, workshops and classes.
(iii) T5 Fix: Fix Membership gives you unlimited access to your own desk at the T5 Premises; access to Services that can be consumed using credits; meeting rooms, workshops and classes. T5 has the right, when necessary, to relocate and reorganize, with may potentially affect your location.
2.3.1 Credits
2.3.2 Every Membership grants the Member a monthly set of credits (“Credits”). The number of Credits depends on the Membership type and is set out in each Membership Agreement. Credits can be used to purchase the different Services that T5 offers. Members get new Credits each month that a Membership persists, and Members can buy additional Credits at any time during the month.
OBLIGATIONS OF THE MEMBER
3.1 As a Member, you undertake not to harvest or otherwise collect information about other Members, including email addresses or any personal data, without the authorization or consent of such Member, as set out in our Privacy Policy (which may be changed from time to time), which can be found on our website and in the T5 app.
3.2 As a Member, you undertake not to distribute or disseminate any inappropriate, defamatory, obscene, or unlawful material or information on or through the T5 servers or network.
3.3 As a Member, you agree that when participating in or using the Services, the Premises or any T5 channel (app, etc.), you will not restrict or inhibit any other Member from using them.
3.4 As a Member, you undertake not to use the Services, the Premises or any T5 channel (app, etc.) for any purpose that is unlawful or prohibited by: these TOU or the House Rules. Or in any other way that deviates from T5’s vision to create a dynamic, sustainable, and environmentally conscious workspace.
3.5 As a Member, you undertake not to use the Services, the Premises or any T5 channel (app, etc.) to distribute junk email, spamming, or any deceptive or unsolicited message (commercial or non-commercial). 3.6 As a Member, you undertake not to use the T5 network/servers or any T5 channel (app, etc.) to upload files that contain viruses that may damage the operation of computers or property of other Members or third parties.
3.6 As a member, you undertake to avoid all behavior that may be seen as harassment or discrimination, including any threatening or degrading behavior and discrimination (e.g., due to gender, sexual orientation, age, ethnicity, or religious belief).
3.7 As a Member, you undertake not to use any illegal substances, such as drugs or similar.
3.8 As a Member, you can let guests or visitors onto the T5 Premises under your direct supervision. Guests or visitors who are unaccompanied are not permitted. 3.10 T5 may investigate any actual, alleged, or potential violations of the TOU or the House Rules. The Member agrees to cooperate fully in any of these inquiries.
4. MEMBERSHIP FEES AND PAYMENT
4.1 The cost for a Membership is specified in the Membership Agreement.
4.2 Payments for Memberships are paid monthly in advance by invoice or by debit/credit card (through payment service provider Stripe). Legal entities will be sent invoices for their Memberships. The payment term for invoices is 10 days for all Memberships. Any extra Credits you purchase are paid the following month.
4.3 If payment for Membership fees is overdue, T5 has the right to charge the Member with default interest in accordance with the Swedish Interest Act.
4.4 T5 does not provide refunds of paid Membership fees or purchased Credits upon termination or cancellation of the Membership Agreement.
5. TERMINATION OF MEMBERSHIPS
5.1 General
5.1.1 All Memberships shall be valid from the start date in the Membership Agreement, and shall continue to apply until access to the T5 Premises and Services has been terminated. Unless otherwise stated in the Membership Agreement, membership fees are paid in advance according to Section 4 above.
5.1.2 Upon termination of the Membership Agreement, any physical access tools will be revoked by T5, and all of the Member's property must be removed from the T5 Premises no later than the last day of the Membership period. T5 will be entitled to dispose of any property remaining on the T5 Premises. The Member waives any claims regarding such property or the handling of such property. The Member is responsible for paying any fees reasonably incurred by T5 to remove such property.
5.1.3 Members can join T5 at any time. A T5 Membership operates on a month-to-month basis, meaning that when Members notify T5 about canceling a Membership, it will terminate one month from that date, except for T5 fix, where the notice period is three months.
5.1.4 If the Member fails to adhere to the TOU and House Rules or fails to pay Membership fees in due time, T5 may decide to terminate the Membership immediately. Upon termination in accordance with this Section 5.1.4, T5 will make no refunds of paid Membership fees to the Member.
5.2 Termination by T5
5.2.1 Termination of T5 Membership: T5 may terminate a T5 Membership by giving the Member one (1) month’s notice unless otherwise agreed upon in the Membership Agreement. Suppose the Member fails to comply with any provisions of the TOU, the Membership Agreement, or the House Rules. In that case, T5 may restrict the Member’s access to the T5 Premises and Services and/or terminate the Membership Agreement immediately.
5.2.3 Termination by Member
The Member may cancel their Membership at any time by submitting an email to reception@tomtebogatan5.se in accordance with the notice period set out in the Membership Agreement. The Member will remain liable for any past amounts due to T5 after the cancellation of the Membership.
6. LIMITATION OF LIABILITY
6.1 T5´s Liability
6.1.1 T5 does not control and is not responsible for other Members' actions or the actions of others who have access to the T5 Premises. If a dispute arises between members or their invitees or guests, T5 has no responsibility or obligation to participate in, mediate, or indemnify any party.
6.1.2 The Member is entitled to compensation for any direct damage due to gross negligence by T5, or any other party for which T5 is responsible.
6.1.3 T5's total liability for each claim is limited to a total amount equal to six (6) monthly membership fees.
6.2 The Member’s Liability
6.2.1 The Member is wholly responsible for any damage to T5 and/or the T5 Premises, exceeding normal wear and tear, caused by the Member's acts or omissions, including the Member's guests or invitees' acts or omissions.
ENVIRONMENTAL POLICY
7.1 The Member shares T5’s commitment to an environmentally sustainable business model. The Member will use all Services in an environmentally conscious way, reducing unnecessary electricity consumption, minimizing waste, using digital formats, and not overprinting whenever possible.
INTELLECTUAL PROPERTY AND TRADEMARKS
8.1 As a Member, you will not take, copy or use for any purpose the name ”T5" or any of T5's other business names, trademarks, service marks, logos, trade dress, other identifiers or other intellectual property or modified or altered versions of the same, or use for commercial purposes any pictures or illustrations of any portion of any T5 Premises, without prior consent from T5.
8.2 As a Member, you undertake not to upload, or otherwise make available, files that contain software, code, or other material protected by intellectual property laws, and not use material or information made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any party.
8.3 As a Member, you undertake not to directly or indirectly take, copy or use any information or intellectual property belonging to other members or that of their guests, including and without limitation to business names, trademarks, service marks, logos, or other intellectual property.
9. GOVERNING LAW AND DISPUTE RESOLUTION
9.1 The Membership Agreement and these TOU – and all issues in connection with them or the use of T5 Premises and Services – shall be governed by the substantive laws of Sweden without respect to conflict of law principles. Any dispute, controversy, or claim arising out of or in connection with the TOU, the Membership Agreement, or the breach, termination, or invalidity thereof, shall be finally settled by arbitration in accordance with the Rules of the Arbitration Institute of The Stockholm Chamber of Commerce. The seat of arbitration shall be in Stockholm, Sweden. Unless otherwise agreed upon between the Member and T5, the language used in the arbitral proceedings shall be Swedish, and the award shall be confidential.