The user who makes use of the website www.pow.space (hereinafter, the “Website”) and its related resources, such as social media profiles, contact resources (online form, email, and telephone number) and the Newsletter (hereinafter, collectively, the “Platform”), uses tools and content owned by PATIO LUGANO SA, Contrada di Sassello 10, 6900 Lugano (Switzerland) (hereinafter, the “Owner”). Such use is subject to acceptance of the terms and conditions of use established by this contract. Any agreements or general conditions in relation to services and products take precedence.

The general contractual terms and conditions relating to the use of Coworking products and services by customers can be viewed on the page www.pow.space/terms.

The information notices regarding the processing of personal data carried out in the context of making the Platform available, as well as providing products and services to customers and users of the Coworking, can be viewed on the page http://www.pow.space (which is referred to and considered integrated herein).

These documents are also available in paper format at the Coworking reception.

The Platform’s Owner is PATIO LUGANO SA, Lugano. The Owner has ownership of the Platform’s content.

Contacts:

• postal address: PATIO LUGANO SA, Contrada di Sassello 10, 6900 Lugano (Switzerland)
• e-mail address: info@pow.space

Attention: As filters are in place to safeguard the security of the Owner and the users, an email communication is considered received only if there is a reply or confirmation of receipt. Otherwise, the user should assume the communication has not been delivered.

Binding nature for the user. By using the Platform, the user agrees to be bound by the terms and conditions set forth in this agreement in the version that is in effect at the time of each individual access.

Obligation of prior consultation. The terms and conditions of use vary over time as the tools and content offered constantly evolve. As modifications are published exclusively online, it is incumbent upon the user to review this page prior to the use of the Platform.

Recipients. Unless otherwise explicitly stated in relation to specific products and/or services, the Platform, as well as the services and products offered therein, are intended for legal entities and individuals who are at least 18 (eighteen) years old. By using the Platform, the individual user confirms under their own responsibility that they are of legal age.

Services offered or advertised online. The information published on the Platform regarding products and services is purely indicative and non-binding, as it may not be up-to-date.

No warranty - general exclusion of liability. The Platform is offered free of charge and without any guarantees regarding the availability, usefulness, completeness, security, and/or reliability of the tools provided and the content published. Although the information published on the Platform is carefully reviewed, with efforts to avoid technical inaccuracies, omissions, or typographical errors, the Owner cannot and does not guarantee that the published content will always be up-to-date, correct, and/or complete. Hence, the Owner takes on no responsibility for any gaps, errors, and/or omissions of any kind and for any type of damage – direct, indirect, or incidental – resulting from reliance on the Platform and/or the use of its content, as well as for links to third-party websites and/or resources (as they are outside the www.pow.space domain) and for the use of their content. The use of third-party websites and/or resources is therefore at the user's sole risk, considering that the Owner has no control over such tools, nor does he carry out any verification or supervision activities on them. To obtain binding information and services, the user is requested to contact the Owner in writing.

User's obligation to inform the Owner about changes to their personal data. By using our services, the user agrees to voluntarily and promptly communicate any changes to their personal data to the Owner, so that records can be constantly updated.

User's obligation to ensure the security of their electronic devices. The user is obligated to protect their electronic devices against computer infections and unauthorized third parties access by implementing appropriate cybersecurity measures (such as, in particular, antivirus software, firewalls, and regularly updated complex passwords), as well as by adopting prudent online behavior. The internet is not inherently a secure communication tool, so data transmitted via the internet can be intercepted, viewed, disclosed, modified, and used by unauthorized third parties to cause technical failures. The security of standard email communications is not guaranteed: messages can be read by third parties, lost, intercepted, and altered in transit. In particular, the sender of an email can be easily spoofed, so a communication appearing to come from the Owner might not actually come from them. In case of doubt, the user should not follow the requests contained in the email and should contact the Owner by phone. The user should not provide any private or confidential information via email (especially their password).

Intellectual Property. The Owner owns full and exclusive intellectual property rights to the Platform, its graphics, databases, and content (texts, images, photographs, etc.), as well as legally protected signs and designations, including registered trademarks (where indicated) and unregistered ones. Any use of protected material not supported by a legal or contractual license is unlawful and will be pursued with civil or criminal proceedings.

Hyperlink Policy. While subject to the right of revocation at any time, the user has the right to share direct hyperlinks to the Website (including links to internal pages) and other online resources, provided that the use (cumulatively): (i) occurs outside of a competitive relationship with the Owner, (ii) is fair and in good faith, and (iii) in no way damages the image of the Coworking, the Owner, and/or its shareholders, bodies, executives, and/or employees, as well as the Plan B supported by the Municipality of Lugano. The partial or complete incorporation of the Platform's content into other sites or online and/or offline resources is unlawful and will be pursued with civil or criminal proceedings.

Third-party content and services, external links to the Platform. The Platform includes links to sites, resources, and services outside the www.pow.space domain. The Owner has no control over these sites and resources, nor does it subject them to verification and/or monitoring, and therefore assumes no responsibility in this regard, particularly concerning the security and quality of the information, as well as the protection of personal data.

Obligations and rules of conduct. The user agrees to use the tools and content provided in a lawful manner, respecting the rights of the Owner and third parties (including other users) and in accordance with this contract. In particular, the user agrees to:

• not transmit illegal, harassing, offensive, discriminatory, threatening, harmful, vulgar, or otherwise inappropriate content;
• not use the information contained therein to carry out illegal, fraudulent, or harmful acts against third-party rights, including copyright and personality rights;
• communicate third-party personal data only with prior and expressed consent of the interested parties, after having fully informed them about the resulting personal data processing by referring to the relevant information (www.pow.space/privacy);
• refrain from using and disclosing to third parties any material not in the public domain produced by the Owner or concerning the Owner and/or its activities without the prior written authorization of the Owner;
• not use any means, including software, to interfere or attempt to interfere with the operation of the Platform or to hinder the usability of the services by users.

User's Responsibility – Obligation of Indemnity and Hold Harmless. The user agrees to hold harmless and indemnify the Owner and/or its shareholders, bodies, executives, and/or employees from any damage, harm, and/or obligation, whether economic or moral, arising from the user's use of the Platform in a manner that is not in accordance with the law and/or this document, as well as from the use by persons under the user's control.

Deletion of content and exclusion of users. The Owner reserves the discretionary and unquestionable right to restrict, partially or completely, access to and/or use of the Platform for certain users, as well as to delete content without notice (including content posted on social media profiles), particularly when there are indications of potentially fraudulent activities, non-compliant with the law and/or this document.

Service interruption. Any liability is excluded in the event of malfunction and/or unavailability of the Platform, especially if this is due to external events (e.g., internet network interruptions, malfunctions of your devices, cyber-attacks, blackouts, etc.) or occurs in the context of ordinary or extraordinary maintenance work. In case of urgency during periods of temporary unavailability of the Platform, the user can contact the Owner by phone or mail.

The legal relationship between the user and PATIO LUGANO SA, Lugano, regarding access to and use of the Platform (and related resources) is governed by SWISS SUBSTANTIVE LAW, excluding the rules of private international law.

The parties herby designate THE COURT OF THE SUBJECT-MATTER JURISDICTION FOR THE DISTRICT OF LUGANO AS THE EXCLUSIVE FORUM FOR ANY DISPUTE arising from or related to the use of the Platform (and related resources), subject to any mandatory legal provisions that may require a different jurisdiction. PATIO LUGANO SA, Lugano, reserves the right to bring proceedings before the competent court at the user's place of residence, branch, or domicile.