Terms of Service

These Terms of Service (“Terms”) govern access to and use of the Otherdays website, applications, communications, booking tools and related services (collectively, the “Platform”). The Platform is operated by Otherdays LLC (“Otherdays,” “we,” “us,” or “our”). By creating an account, using the Platform, publishing a Listing, submitting or accepting a booking, or otherwise using the services, you agree to these Terms.

1. Eligibility and Business Use

You must have legal capacity to enter into binding contracts and, if acting for a company or other organization, authority to bind that organization. The Platform is intended primarily for lawful commercial and business workspace activity. You are responsible for ensuring your use complies with applicable law and contractual restrictions.

2. Accounts and Verification

You must provide accurate account information and keep it current. You are responsible for activity under your account and for safeguarding login credentials. We may request identity, business, authority, payment, insurance or other verification information where reasonably necessary for trust, safety, fraud prevention or legal compliance.

3. Platform Role

Otherdays operates a marketplace that enables independent Hosts and Guests to discover one another, communicate, create Listings, request or accept bookings, process payments and execute transaction documents. Unless expressly stated otherwise, Otherdays does not own, lease, possess, manage or control listed workspace and is not a party to the Host-Guest Workspace License Agreement.

Hosts and Guests are independent parties responsible for their own acts, omissions, legal authority, insurance, taxes and compliance. Otherdays does not guarantee the existence, quality, legality, availability, safety or suitability of a Listing or the identity, conduct or performance of a user.

4. Host Obligations

Hosts must comply with the Host Listing Agreement, provide accurate Listings, maintain authority to make workspace available, disclose material restrictions, honor confirmed bookings subject to applicable cancellation terms, and comply with applicable leases, landlord or building requirements and law.

5. Guest Obligations

Guests must provide accurate booking information, use workspace only as permitted, comply with Building Rules and the applicable Workspace License Agreement, respect occupancy limits and access restrictions, and remain responsible for their personnel, contractors, invitees and visitors.

6. Bookings and Electronic Agreements

A booking request is not confirmed until the Platform indicates confirmation and any required payment, approval, verification or electronic agreement steps are completed. Booking-specific terms, including dates, hours, price, cancellation terms, insurance requirements and workspace rules, are incorporated into the booking. Users consent to electronic records, electronic notices and electronic signatures, including through third-party electronic-signature services.

7. Fees, Payments and Payouts

Prices, platform fees, taxes, deposits and other charges will be disclosed in the booking flow or applicable Listing. You authorize Otherdays and its payment service providers to charge, hold, transfer, refund or remit amounts as necessary to process authorized transactions, address adjustments and administer the Platform. Payment processing may be subject to additional provider terms.

Users may not evade applicable Otherdays fees by using Platform information to move a transaction off-platform where prohibited by these Terms or applicable booking rules.

8. Cancellations, Refunds and Booking Changes

Cancellations, refunds and booking modifications are governed by the cancellation policy displayed for the booking, any booking-specific terms, and these Terms. We may facilitate refunds, credits or payment adjustments where authorized by the applicable policy, agreed by the parties, required by law, or reasonably necessary to correct a processing error or address fraud.

9. Insurance

Users are responsible for maintaining insurance appropriate to their businesses and activities. A Host may impose booking-specific insurance requirements. If Otherdays makes third-party insurance or protection products available, those products are provided under separate insurer or provider terms; Otherdays is not the insurer and does not guarantee coverage or claim outcomes.

10. User Conduct and Prohibited Activity

You may not use the Platform to engage in fraud, unlawful conduct, discrimination prohibited by law, harassment, unsafe activity, unauthorized access, deceptive Listings, payment abuse, infringement, malicious software, scraping that materially burdens the Platform, circumvention of security controls, or conduct that materially interferes with other users or the Platform.

11. Content

You retain ownership of content you submit. You grant Otherdays a non-exclusive, worldwide, royalty-free license to host, reproduce, format, display and distribute that content as reasonably necessary to operate, market and improve the Platform and your Listing or profile. You represent that you have the rights necessary to submit the content.

12. Third-Party Services

The Platform may rely on third parties for payments, electronic signatures, messaging, analytics, identity verification, hosting and other services. Their services may be subject to separate terms and privacy practices. Otherdays is not responsible for third-party services outside its reasonable control.

13. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” OTHERDAYS DISCLAIMS WARRANTIES NOT EXPRESSLY STATED IN THESE TERMS, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. OTHERDAYS DOES NOT WARRANT THAT THE PLATFORM OR ANY WORKSPACE WILL BE UNINTERRUPTED, ERROR-FREE, SAFE, LEGAL OR SUITABLE FOR A PARTICULAR USER.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OTHERDAYS AND ITS AFFILIATES, MEMBERS, OFFICERS, EMPLOYEES AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR LOSSES ARISING FROM THE ACTS OR OMISSIONS OF HOSTS, GUESTS OR OTHER THIRD PARTIES. Nothing here excludes liability that cannot lawfully be excluded or limited.

15. Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Otherdays and its affiliates, members, officers, employees and service providers from third-party claims, liabilities, losses and reasonable costs arising from your breach of these Terms or an incorporated agreement, your Listing or use of workspace, your violation of law or third-party rights, or your negligence or willful misconduct.

16. Suspension and Termination

We may suspend or terminate access, remove content or Listings, restrict transactions, or take other reasonable measures to protect users, the Platform or third parties where we reasonably suspect fraud, safety concerns, legal violations, disputed listing authority, nonpayment, material breach or misuse. You may stop using the Platform at any time, subject to obligations arising from existing bookings and amounts due.

17. Disputes; Governing Law

Before commencing formal proceedings against Otherdays, you agree to provide written notice describing the dispute and allow a reasonable opportunity for informal resolution. These Terms are governed by New York law, without regard to conflict-of-law principles, unless another law is required to apply.

18. Changes to Terms

We may update these Terms from time to time. Material changes will be communicated by reasonable means and will apply prospectively as required by law. Continued use after an updated effective date constitutes acceptance where legally permitted; where affirmative consent is required, we will request it.

19. General

These Terms, together with the Privacy Policy and any applicable Host Listing Agreement, Workspace License Agreement, booking terms and policies expressly incorporated by reference, constitute the applicable agreement concerning use of the Platform. If a provision is unenforceable, the remainder survives. Failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; Otherdays may assign them in connection with a merger, reorganization, financing, sale of assets or similar transaction.

20. Contact

Questions or legal notices concerning these Terms may be sent to support@otherdays.com or to the mailing address designated by Otherdays on the Platform.