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OpenSpace Refer-A-Friend Program – Terms & Conditions

“Promoter”: Open Space Labs, Inc., 333 Kearny St, Floor 4, San Francisco, CA 94108, United States of America.

“Service Provider”: PartnerStack Incl, 1049 El Monte Ave, Suite C #512, Mountain View, CA 94040.

Definitions

  1. Service Provider: the software platform that OpenSpace uses to create Unique Referral Links, track Referrals, and to distribute referral communications and Referral Rewards.
  2. Referrer: an individual who provides their Unique Referral Link to Referred Prospects.
  3. Referral: the communication of a Referred Prospect by electronic submission via the Referrer’s Unique Referral Link.
  4. Referred Prospect: a company that is referred to OpenSpace using the Referrer’s Unique Referral Link.
  5. Opportunity: an individual employed by a Referred Prospect who has been qualified as a good fit for, and shown a demo of OpenSpace by an OpenSpace sales representative.
  6. Referred Customer: a Referred Prospect that becomes a paying new subscriber to OpenSpace.
  7. Qualifying Purchase: the event by which a Referred Prospect becomes a Referred Customer within 6 months of correctly using a Referrer’s Unique Referral Link.
  8. Referral Date: the date upon which a Referred Prospect is first communicated to OpenSpace via the Referrer’s Unique Referral Link.

Introduction

  1. By participating in the OpenSpace Refer-a-Friend Program (the “Promotion”), either as a Referrer or a Referred Prospect (“Participant”), you are accepting these terms and conditions (the “Terms”) and agreeing to the Promoter contacting you about the Promotion via email, telephone, instant messaging, and any other available means necessary to perform Promotion and sales business activities.
  2. All information collected through the Program shall be governed by OpenSpace’s Privacy Policy.
  3. Employees, officers, and directors of the Promoter and Promoter’s subsidiaries, affiliates, partners, advertising and promotion agencies, manufacturers, or distributors of Program materials are not eligible to participate in the Program. 
  4. Government entities are not eligible to participate in the Program.
  5. Earning a Referral Reward is contingent upon the Participant fulfilling all requirements set forth herein and is subject to compliance with all applicable federal, state, and local laws and regulations.
  6. The Participant is responsible for determining that participation in the Program and receipt of the Referral Reward is in compliance with all policies and requirements of their company. The Participant’s participation in the Program will be considered confirmation of their full compliance with any such policies and requirements.

Promotion Period

  1. The Promotion runs from February 1, 2022 until January 31, 2023 (the “Promotion Period”).
  2. The Promoter reserves the right to end the Promotion Period early if it has given away all of the Referral Rewards or if the Promoter, in its sole discretion, detects fraud, abuse, manipulation or other disruptions to the system.

Referral Rewards

  1. A “Referral Reward” consists of
    1. for Referrers, an iPad; and
    2. for Referred Prospects, a 360° camera.
  2. Referral Rewards are strictly subject to availability.
  3. Referral Rewards are non-transferable, non-negotiable and non-refundable, and have no cash alternative.

Eligibility

  1. Referrers can send as many Referrals as they want.
  2. Referred Prospects. “Referred Prospects” are unique companies that: (i) have never subscribed to OpenSpace; (ii) used their unique link upon requesting a demo of OpenSpace; (iii) have been qualified as a good fit for OpenSpace by an OpenSpace sales representative; (iv) have not already been referred by someone else; and (v) have not already received a Referral Reward (on their current OpenSpace Account).
  3. Referred Customers. “Referred Customers” are Referred Prospects that: (i) signed up using their unique link upon purchasing OpenSpace; and (ii) made a Qualifying Payment.

The Promotion

    1. Referrers
      1. Each Referrer will be provided with a unique referral link, which they can share with Referred Prospects. Referrers must share their Unique Referral Link with Referred Prospects during the Promotion Period.
      2. Referrers will only receive a Referral Reward if: (i) their Referred Prospect correctly used their Unique Referral Link and became a Referred Customer by making a Qualifying Payment; and (ii) their Referred Customer is eligible and meets all necessary criteria.
      3. Subject to availability and the Promoter’s discretion, a Referrer is eligible to receive a maximum of 1 Referral Reward per Referred Customer. Additional purchases made by a Referred Customer are not eligible for Referral Rewards.
      4. Multiple Referrals for a Referred Prospect will be counted as one. 
  1. Referred Prospects
    1. Upon receiving a Unique Referral Link from the Referrer, the Referred Prospect must request and see a demo of OpenSpace using the Unique Referral Link provided by the Referrer, and be qualified and converted to an Opportunity by an OpenSpace sales representative.
    2. If a Unique Link is incorrectly used or is used outside the Promotion Period or sign-up flow, neither the Referred Prospect nor the Referrer will not receive a Referral Reward.
    3. Subject to availability and the Promoter’s discretion, a Referred Prospect is eligible to receive a maximum of 1 Referral Reward. Additional purchases made by a Referred Prospect are not eligible for Referral Rewards.
    4. Referral Rewards are strictly subject to availability and the Promoter’s discretion.
  2. Delivery of Referral Rewards
    1. If you are eligible for a Referral Reward, the reward will be shipped within 30 days.
    2. Referrers will receive their Referral Reward once OpenSpace has performed necessary risk and abuse checks. OpenSpace reserves the right to cancel any Referral Reward without notice if it determines Referrer engaged in fraud or abuse of the Promotion.
    3. The Promoter reserves the right to substitute a Referral Reward (or a portion thereof) with one of equal or greater value.
    4. Referrer must sign up for a PartnerStack account and is solely responsible for providing the correct email and mailing address; the Promoter will not be responsible for failure to deliver a Referral Reward if the Promoter has not been provided the correct email and mailing address via PartnerStack.
    5. Referred Prospect is solely responsible for providing the correct email and mailing address upon Opportunity creation by an OpenSpace sales representative; the Promoter will not be responsible for failure to deliver a Referral Reward if the Promoter has not been provided the correct email and mailing address via the Promoter’s CRM.
  3. Redemption of Referral Rewards
    1. Rewards are non-transferable and have no cash value.
    2. Participants agree to accept any Referral Reward “as is.” The Promoter has sole discretion to resolve any concerns, questions, or complaints related to a Referral Reward. Referral Rewards may be subject to additional terms and conditions imposed by the issuer of the Prize.
    3. Rewards are subject to verification. OpenSpace may delay a Reward for the purposes of investigation. They may also refuse to verify and process any transaction OpenSpace deems, at its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on OpenSpace, its subsidiaries, affiliates or any of their respective officers, directors, employees, representatives and agents.
    4. All of OpenSpace’s decisions are final and binding, including decisions as to whether a Qualified Business Referral or Reward is verified.

Taxes

  1. OpenSpace is not responsible for any taxes, duties or other obligations relating to the issuing of a Referral Reward. Any payment of tax or duty is the Participant’s sole responsibility.
  2. If and to the extent OpenSpace is required by an authorized tax authority to withhold any taxes on the referral reward, OpenSpace will provide all required reporting and withhold any such amounts as required by law and the referral reward issued to the Participant will be net of any such withheld amount.
  3. OpenSpace will make no payments other than withholding payments, if required, and will not be responsible for any payment of any other amount required in order to allow the delivery of the referral reward to the Participant.

Right To Cancel or Suspend Promotion

If the Promotion is not able to run as planned due to infection by computer virus, bug, worm, trojan horse, denial of service attack, tampering, unauthorized intervention, fraud, technical failure, or any other cause that corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Promotion, or any other reason, OpenSpace may, at its sole discretion, choose to cancel, terminate, modify, or suspend the Promotion.

Technology Terms and Conditions

OpenSpace is not responsible for incomplete, misdirected, late, lost, damaged, or stolen Referrals; or for lost, interrupted, inaccessible, or unavailable networks, servers, satellites, internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone, or cable transmissions; or for technical malfunctions, failures, or difficulties, printing errors, clerical, typographical, or other errors in the offering or announcement of any referral reward or in any referral reward notification documents, or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.

Account Holder

The Participant must be the Authorized Account Holder of the email account used to participate. “Authorized Account Holder” means the natural person who is assigned an email address by an internet access provider, online service provider, or other organization (e.g., business, educational, institution, etc.) responsible for assigning email addresses or the domain associated with the submitted email address. Participant represents and warrant that it has all rights, authorizations and consents necessary to provide the information (including all personal information) provided to Promoter in connection with this Agreement, and that Promoter’s use of such information will not infringe or violate the rights of any third party.

Limitation of Liability; Disclaimer of Warranties

  1. OpenSpace is not responsible if the Promotion cannot take place or if a Referral Reward cannot be distributed due to delays or interruptions as a result of acts of god, acts of war, natural disasters, weather, acts of terrorism, or any other event beyond OpenSpace’s control. 
  2. By participating in the Promotion, the Participant agrees that OpenSpace will have no liability for any loss, injury, or damage, including but not limited to personal injury, death, or damage to personal or real property, to the Participant or any other person or entity due in whole or in part, directly or indirectly, to the acceptance, possession, use, or misuse of a referral reward or participation in the Promotion. 
  3. OpenSpace will not be responsible or liable for any direct, indirect, incidental, consequential, or punitive damages, or other damages or losses of any kind, arising out of the Participant’s participation in the Promotion or receipt or use of a referral reward. 
  4. By participating the Promotion, the Participant agrees to release, hold harmless, and indemnify OpenSpace and their respective parents, divisions, subsidiaries, affiliates, and advertising, promotion, public relations, and other agencies, and the respective officers, directors, employees, representatives, and agents from any and all liability for property damage, personal injury, and death, and any other loss, harm, damage, injury, cost, or expense whatsoever, which may occur in connection with, preparation for, travel to, or participation in the Promotion or any Promotion-related activity, or possession, acceptance, use, or misuse of a referral reward, and for any claims based on publicity rights, defamation or invasion of privacy, and merchandise delivery. 
  5. Without limitation, this Promotion and all referral rewards are provided “as is,” without the implied warranties of merchantability, fitness for a particular purpose, and non-infringement, or other warranty of any kind, either express or implied. 
  6. Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to certain Participants. Participants should check their local laws for any restrictions or limitations regarding these limitations or exclusions. 
  7. As far as permitted by applicable law, OpenSpace will not in any circumstances be responsible or liable to compensate a Participant or accept any liability for any loss, damage, personal injury, or death occurring as a result of accepting a referral reward, except where caused by the Promotion Party’s negligence. Participants’ statutory rights are not affected. 

Privacy

  1. Personal information collected from Participants in connection with this Promotion is subject to OpenSpace’s “Privacy Notice” available at https://www.openspace.ai/privacy-policy/.
  2. The Participant agrees that any personal information may be processed, shared, and otherwise used for the purposes and within the context of the Promotion and any other purposes outlined in these Terms and Conditions.
  3. OpenSpace may also use personal information to verify the Participant’s identity and contact information, and to otherwise verify the Participant’s eligibility to participate in the Promotion.
  4. The Participant agrees that OpenSpace may send the Participant blogs, articles, specials, informational emails regarding OpenSpace’s business activities, and various other promotional materials.
  5. The Participant may access, review, rectify, or cancel any personal information held by OpenSpace, and may elect to have the Participant’s name excluded from all lists used by OpenSpace, by writing to OpenSpace, 333 Kearny St. Floor 4 San Francisco, CA 94108 USA or emailing refer-a-friend@openspace.ai.

Dispute; Governing Law

  1. These Terms and Conditions and all matters arising out of or relating to the Promotion will be governed by the laws of the State of California, without regard for its conflicts of law provisions.
  2. To the extent permitted by law, the right to litigate, seek injunctive relief, or make any other recourse to judicial or any other procedure in case of disputes or claims arising out of or relating to the Promotion are hereby excluded and the Participant expressly waives any such rights.
  3. Any action arising out of or relating to the Promotion must be brought in the state courts located in San Francisco County, California, or the federal district court located in San Francisco, California, and by participating in the Promotion, the Participant submits to the exclusive jurisdiction of such courts.
  4. To the extent permitted by law, the right to litigate, seek injunctive relief, or make any other recourse to judicial or any other procedure in case of disputes or claims arising out of or relating to the Promotion are hereby excluded and Participant expressly waives any such rights.

Additional Terms

  1. This is the entire agreement between the parties about this Promotion.
  2. The referral reward, if any, is made to the Participant as an “independent contractor,” and the Participant is not an employee or agent of Promoter.
  3. The Participant does not have the right or authority to bind Promoter in any way.
  4. The Participant must be 18 or older to participate.
  5. Participant represents, warrants and certifies to Promoter that Participant will comply with all applicable laws and governmental regulations in participating in the Promotion.

THE PROMOTION IS VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET, OR WHERE THE METHODS OF PARTICIPATION SET FORTH ABOVE WOULD BE DEEMED CONSIDERATION. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS APPLY.

Contact

For any questions, complaints, or claims with respect to the Program, contact the Sponsor at Refer-A-Friend Program, OpenSpace, 333 Kearny St. Floor 4 San Francisco, CA 94108 USA or email refer-a-friend@openspace.ai.

Updated March 2022