ALCOVE Terms of Use
ALCOVE Group, Inc. d/b/a ALCOVE (“ALCOVE”) operates productivity spaces at the following locations (“ALCOVE Locations”):
Each guest of the ALCOVE Location (“You”) is subject to the following ALCOVE Membership Agreement (“Agreement” or “Terms”) which may be updated from time to time without notice to you. By signing up to use the ALCOVE Location, you agree to be bound by these Terms and represent and warrant that you are eighteen (18) years of age or older and are duly authorized and have legal capacity to execute these Terms.
1. Acceptance of Terms. The services ALCOVE provides to you, the undersigned (including but not limited to use of office space and access to Internet), are subject to the following Terms of Use (“TOU”). ALCOVE reserves the right to update the TOU at any time. ALCOVE will attempt to contact you to notify you of any updates within 30 days of their enactment using the contact information provided in the Membership Agreement.
2. Description of Services. ALCOVE may provide you with access to work stations, Internet access, office equipment, conference space, knowledge resources, and other services as ALCOVE may provide from time to time (collectively, “Services”). The Services at all times are subject to the TOU.
3. No Unlawful or Prohibited Use. As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any ALCOVE server, or the network(s) connected to any ALCOVE server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, or accounts, computer systems or networks connected to any ALCOVE server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You hereby represent and warrant that you have all requisite legal power and authority to enter into and abide by the terms and conditions of this TOU and no further authorization or approval is necessary. You further represent and warrant that your participation or use of the Services will not conflict with or result in any breach of any license, contract, agreement or other instrument or obligation to which you are a party.
You further represent and warrant that your participation or use of the Services, if you use the Services at any ALCOVE Locations including, without limitation, any use that is disruptive to hotel guests or employees. You agree to comply with any requirements of the hotel and of any request by hotel staff, including a request to vacate the property if in violation of the above.
4. Use of Services. You agree that when participating in or using the Services, you will not:
a. Use the Services in connection with contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited message (commercial or otherwise);
b. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
c. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information on or through ALCOVE Services;
d. Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consent to do the same;
e. Use any material or information, including images or photographs, which are made available through the Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
f. Upload files that contain viruses, Trojan Horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;
g. Download any file(s) that you know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner;
h. Restrict or inhibit any other user from using and enjoying the Services;
i. Violate any code of conduct of other guidelines which may be applicable for any particular Service;
j. Harvest or otherwise collect information about others, including email addresses, without the authorization or consent of the disclosing party;
k. Violate any applicable laws or regulations; and
l. Create a false identity for the purpose of misleading others.
5. ALCOVE reserves the right at all times to disclose any information about you, your participation in and use of the Services as ALCOVE deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in ALCOVE’s sole discretion.
6. Confidentiality.
a. You acknowledge and agree that during your participation in and use of the Services you may be exposed to Confidential Information. “Confidential Information” shall mean all information, in whole or in part, that is disclosed by ALCOVE or any participant or user of the Services or any employee, affiliate, or agent thereof, that is nonpublic, confidential or proprietary in nature. Confidential Information also includes, without limitation, information about business, sales, operations, know-how, trade secrets, technology, products, employees, customers, marketing plans, financial information, services, business affairs, any knowledge gained through examination or observation of or access to the facilities, computer systems and/or books and records of ALCOVE, any analyses, compilations, studies or other documents prepared by ALCOVE or otherwise derived in any manner from the Confidential Information and any information that you are obligated to keep confidential or know or has reason to know should be treated as confidential.
b. Your participation in and/or use of the Services obligates you to
I. maintain all Confidential Information in strict confidence;
II. not to disclose Confidential Information to any third parties;
III. not to use the Confidential Information in any way directly or indirectly detrimental to ALCOVE, or any participant or user of the Services.
c. All Confidential Information remains the sole and exclusive property of ALCOVE or the respective disclosing party. You acknowledge and agree that nothing in this TOU or your participation or use of the Services will be construed as granting any rights to you, by license or otherwise, in or to any Confidential Information or any patent, copyright or other ALCOVE intellectual property or proprietary rights of ALCOVE or any participant or user of the Services.
7. Participation In or Use of Services. You acknowledge that you are participating in or using the Services at your own free will and decision. You acknowledge that ALCOVE does not have any liability with respect to your access, participation in, use of the Services (including but not limited to Internet access), or any loss of information resulting from such participation or use.
8. Disclaimer of Warranties. To the maximum extent permitted by applicable law, ALCOVE provides the services “as is” and with all faults, and hereby disclaim with respect to the services all warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) warranties, duties or conditions of or related to: merchantability, fitness for a particular purpose, lack of viruses, accuracy or completeness of responses, results, workmanlike effort and lack of negligence. Also, there is no warranty, duty or condition of title, quiet enjoyment, quiet possession, correspondence to description or non-infringement. The entire risk as to the quality, or arising out of participation in or the use of the services, remains with you.
9. Exclusion of Incidental, Consequential and Certain Other Damages. To the maximum extent permitted by applicable law, in no event shall ALCOVE or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, including owners of partner hotels, management companies of partner hotels, and their respective affiliates and related entities, jointly or individually be liable for any direct, special, incidental, indirect, punitive, consequential or other damages whatsoever (including, but not limited to, damages for: loss of profits, loss of confidential or other information, business interruption, personal injury, loss of privacy, failure to meet any duty (including of good faith or of reasonable care), negligence, and any other pecuniary or other loss whatsoever) arising out of or in any way related to the participation in or inability to participate in or use of the services, the provision of or failure to provide services, or otherwise under or in connection with any provision of this agreement, even in the event of the fault, tort (including negligence), strict liability, breach of contract or breach of warranty of ALCOVE, and even if ALCOVE has been advised of the possibility of such damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability, for consequential or incidental damages, the above limitation may not apply to you.
10. Limitation of Liability and Remedies. Notwithstanding any damages that you might incur for any reason whatsoever (including, without limitation, all damages referenced above and all direct or general damages), the entire liability of ALCOVE or its subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, including owners of partner hotels, management companies of partner hotels, and their respective affiliates and related entities, under any provision of this TOU and your exclusive remedy for all of the foregoing shall be limited to actual damages incurred by you based on reasonable reliance up to ten dollars (USD $10.00). The foregoing limitations, exclusions and disclaimers (including sections 8 and 9 above) shall apply to the maximum extent permitted by applicable law, even if any remedy fails its essential purpose.
11. Termination. ALCOVE reserves the right to terminate any Service at any time. ALCOVE further reserves the right to terminate your participation in and use of any Services, immediately and without notice, if you fail to comply with the TOU.
12. Indemnification. You release, and hereby agree to indemnify, defend and save harmless ALCOVE and ALCOVE’s subsidiaries (whether or not wholly-owned), affiliates, divisions, and their past, present and future officers, agents, shareholders, members, representatives, employees, successors and assigns, including owners of partner hotels, management companies of partner hotels, and their respective affiliates and related entities, jointly and individually, from and against all claims, liabilities, losses, damages, costs, expenses, judgments, fines and penalties based upon or arising out of your negligent actions, errors and omissions, willful misconduct and fraud in connection with the participation in or use of the Services. You further agree in the event that you bring a claim or lawsuit in violation of this agreement, you shall be liable for any attorneys’ fees and costs incurred by ALCOVE or its respective officers and agents in connection with the defense of such claim or lawsuit.
13. Damages. You must not alter any of the pre-existing ALCOVE equipment and must take care of all parts of the ALCOVE location (including the premises in which the ALCOVE Pod(s) is located, e.g., within a partner hotel), including, but not limited to, equipment, fixtures, fittings, and furnishings s within the ALCOVE location and the premises in which the ALCOVE Pod(s) is located (collectively, “ALCOVE Property”). You are liable for any damage to ALCOVE Property caused by you or your invitees. Any maintenance resulting from damage, misuse or mistreatment by you will be billed to you in an invoice at up to the actual cost to rectify the damage, misuse or mistreatment, payable within 10 days. Failure to pay this invoice within 10 days will result in termination of your use of ALCOVE Services and the addition of late fees to the invoice amount (see “Late Fees”). If you provide a form of payment when accessing ALCOVE services, ALCOVE may debit this form of payment for the cost to rectify damage, misuse or mistreatment. You shall not remove any ALCOVE Property from the ALCOVE location. You must not install any cabling, IT, or telecom connections without ALCOVE’s consent which ALCOVE may refuse at its sole and absolute discretion.
14. Standard Fee. You shall pay the amount shown in the payment system for Level of Service selected.
15. Late Fees. A late fee equal to five percent (5%) of the total amount owed shall be charged on any outstanding amount owed which has not been paid prior to five (5) days of its due date. If ALCOVE debits to your account are unsuccessful, ALCOVE will attempt to debit the account for five (5) days. After five (5) days of debit failures, you shall be charged a late fee. Additional late fees may be charged at ALCOVE’s discretion.
16. Payment and Payment Authorization. Any payment due from you to ALCOVE shall be made to ALCOVE in a manner selected by you in the payment system. You agree to execute any legal consents necessary to authorize a selected payment method.
17. Intellectual Property. You shall not use any trademark, service mark, logo or trade name of ALCOVE nor shall you represent yourself as having any business affiliation with ALCOVE, without prior written consent of ALCOVE. You grant to ALCOVE and its representatives, employees, agents and assigns, the irrevocable and unrestricted right to use, reproduce, and publish photographs of you, including your image and likeness as depicted in any images for editorial, trade, advertising or any other purpose and in any manner and medium; to alter the same without restrictions, and to copyright the same. You release ALCOVE, its representatives, employees, agents and assigns from any and all claims, actions, and liability related to the use of said photographs.
18. Successors and Assigns. This Agreement shall be binding on your heirs, legal representative, successors and assigns.
19. Use of ALCOVE Location and ALCOVE Pods. ALCOVE may provide you with access to ALCOVE Pods (“Pods”) contingent upon your payment for ALCOVE Services including booking a Pod. You may only access the ALCOVE Location on days when you have also booked an ALCOVE Pod and within 30 minutes of your Pod reservation, as well as within the hours of operation of the ALCOVE Location. For example, if your ALCOVE Pod reservation is from 12:00 PM-2:00 PM, you may access the ALCOVE Location from 11:30 AM - 2:30 PM. You agree to enter your Pod only upon the beginning of your scheduled reservation time (e.g., 12:00 PM) and to exit your Pod promptly at or before the end of your scheduled reservation time (e.g., 2:00 PM). Any additional time spent in your Pod beyond your scheduled reservation time will be billed to you in an invoice, payable within 10 days. Failure to pay this invoice within 10 days will result in termination of your use of ALCOVE Services and the addition of late fees to the invoice amount (see “Late Fees”). If you provide a form of payment when accessing ALCOVE services, ALCOVE may debit this form of payment for the cost of usage. If another booking is scheduled after your reservation time, you must exit the Pod before that booking begins. Failure to do so will result in termination of your use of ALCOVE Services and billing for the time spent in the Pod beyond your original reservation.
20. Membership Plans, Passes and Packages. You may purchase membership plans, passes and packages (“memberships”) as offered on ALCOVE’s website:
21. Pets and Children. No pets are permitted on the premises of the ALCOVE Location and all guests must be 18 years of age or older. Service dogs individually trained to do work or perform tasks for the benefit of an individual with a disability are permitted, unless not permitted by the partner location in which the ALCOVE Pod is located. Please note that the damage policy in section 13 of our TOU applies to any damage caused by guests, including service animals, as permitted under the ADA and New York law. Per the ADA and New York law, ALCOVE reserves the right to request that any service animal leave the premises if either the animal is out of control (including making excessive noise that disrupts the quiet environment on the premises) and the handler does not or cannot take effective action to control it, or the service animal is not housebroken.
22. Severability. In the event that any provision or portion of this TOU is determined to be invalid, illegal or unenforceable for any reason, in whole or in part, the remaining provisions of this TOU shall be unaffected thereby and shall remain in full force and effect to the fullest extent permitted by applicable law.
23. Insurance. ALCOVE will carry General Liability insurance. As a user, it is strongly suggested that you carry a Renters Insurance policy to cover your own equipment while using our space. That policy may cover your current residence/office, as well as the premises of ALCOVE. You are responsible for any personal property you bring into the ALCOVE location (“Guest Personal Property”). It is your responsibility to arrange insurance for Guest Personal Property which you bring into the ALCOVE location. ALCOVE shall not be liable in any way for Guest Personal Property.
24. Arbitration. Any dispute arising under this Agreement shall be resolved under the commercial arbitration rules of the American Arbitration Association.
25. Entire Agreement. This Agreement shall be considered to contain the entire agreement between the parties hereto pertaining to the use of ALCOVE facilities and all negotiations and all agreements acceptable to both parties are included herein. This Agreement may be modified by ALCOVE, at its sole discretion without notice to guests.
Updated March 2025