Terms of Service — DRAFT

DRAFT — not lawyer-reviewed. This document is a planning artifact prepared for internal review and counsel engagement. It is not legal advice. Do not display to users, require acceptance at sign-up, or treat as binding until a qualified attorney has reviewed, revised, and approved a production version for publication.

Authoritative product documents (internal): CONTEXT.md, PLAN.md, TOOLS.md. Tier tools, billing mechanics, and lifecycle rules in this document are intended to match those sources as of the document date below.

Version: DRAFT-1
Anchored to product features as of: 2026-05-19
Last reviewed by counsel: never (not yet)
Governing entity: 3rdSpace, Inc., a Delaware corporation (formation details TBD)
Primary contact (TBD): legal@the3rd-space.com

Agreement and Acceptance
Definitions
Eligibility, Geographic Scope, and Export Controls
Changes to These Terms
The Services; Host Platform and Future Consumer App
Account Registration, Verification, and Security
Organizations, Membership, Roles, and Billing Authority
Subscription Tiers, Tool Access, and Custom Plans
Billing, Cadence, Proration, Taxes, and Payment Failure
Cancellation; No Subscription Pause
Unified Credit Pool; Metered Usage
AI Booster
Lifecycle: Soft Delete, Deactivation, and Data Retention
Acceptable Use; Cross-Referenced Policies
Privacy; Data Processing
Host Data, CRM, and End-Customer Relationships
Marketing Communications
Intellectual Property — 3rdSpace
Host Content; License Grant to 3rdSpace
Feedback and Suggestions
Website Services and Service Requests
Communications Tools (Email and SMS)
Web Scraper
Smart TV CMS
Karaoke Manager
Ticketing and Reservation System
Affiliate Marketing and Stripe Connect
Demo and Sales Mode
Third-Party Services and Integrations
Internal Administration and Impersonation
Data Export
Audit Logs
Security; Incident Response
Beta, Preview, and Experimental Features
Service Availability and Support
Disclaimers
Limitation of Liability
Indemnification
Dispute Resolution; Binding Arbitration
Class Action and Jury Trial Waiver
Governing Law and Venue
Injunctive Relief and Equitable Remedies
Assignment; Successors
Severability; Waiver; Interpretation
Entire Agreement; Order of Precedence
Notices
Contact Information
Exhibit A — Subscription Tier Tool Access (2026-05-19)
Exhibit B — Summary of Arbitration Procedures
Exhibit C — Defined Product URLs and Contacts

Article 1. Agreement and Acceptance

1.1 Binding Agreement

These Terms of Service ("Terms") constitute a legally binding agreement between you and 3rdSpace governing access to and use of the Services. By creating an Account, clicking an acceptance box, joining an Organization, or continuing to use the Services after notice of updated Terms, you agree to be bound by these Terms and all policies incorporated by reference.

If you use the Services on behalf of an Organization, you represent that you have authority to bind that Organization, and "you" includes both you individually and the Organization.

The foregoing is incorporated by reference into every other Section of these Terms to the maximum extent permitted by applicable law, without limiting any more specific provision that expressly governs the same subject matter.

You acknowledge that 3rdSpace may implement technical measures, account flags, workflow gates, rate limits, or administrative holds to enforce these Terms, and that such measures do not constitute a waiver of any right 3rdSpace may have at law or in equity.

Where these Terms refer to actions taken in the dashboard, Account settings, Billing UI, or tool-specific interfaces, those references describe the primary self-serve surfaces as of the version date above; 3rdSpace may relocate controls without diminishing your substantive obligations.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

1.2 Separate Consumer Track

The Consumer App, when released, may be governed by separate terms presented at download or registration. Until then, these Terms focus on the Host Platform.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

1.3 Electronic Acceptance

You consent to electronic contracting and electronic delivery of notices, invoices, and disclosures. You may withdraw consent only by ceasing use and closing your Account as permitted herein.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

If any operational description in these Terms conflicts with an in-product label shown at the time of your transaction, the in-product label controls for that transaction only; all other provisions of these Terms remain in effect.

1.4 Minimum Age

You must be at least eighteen (18) years old, or the age of majority in your jurisdiction if higher, to create an Account. Hosts must not permit minors to operate Billing or legal acceptance flows without appropriate authority.

You are solely responsible for configuring tools in a manner consistent with your physical operations (hours of operation, time zones, capacity limits, age restrictions, alcohol service rules, and fire-code occupancy), even when the Services suggest defaults.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

Article 2. Definitions

The following definitions apply throughout these Terms. Other capitalized terms have their plain meaning in context.

2.1 3rdSpace

3rdSpace means 3rdSpace, Inc., a Delaware corporation, and its affiliates, successors, and assigns, together with the operators of the host platform and related services described herein.

2.2 Acceptable Use Policy or AUP

Acceptable Use Policy or AUP means the 3rdSpace Acceptable Use Policy, versioned separately, which supplements these Terms and is incorporated by reference.

2.3 Account

Account means a registered user identity on the host platform, comprising credentials, profile fields, verification state, memberships, and preferences.

2.4 Admin

Admin means an organization role with broad operational authority, including Billing access as described in Article 7, but excluding Owner-only powers.

2.5 AI Booster

AI Booster means the optional organization-level enhancement that routes certain tool operations to third-party large-language-model providers (Gemini at launch) subject to the unified credit pool and per-tool toggles.

2.6 Arbitration Agreement

Arbitration Agreement means the binding arbitration and class-action waiver provisions in Articles 39 and 40 and Exhibit B.

2.7 Baseline Rate

Baseline Rate means the advertised per-location monthly equivalent when an Organization subscribes on quarterly or annual cadence (e.g., Core Baseline Rate of fifty United States dollars ($50) per location per month).

2.8 Billable Location

Billable Location means a Location that counts toward subscription quantity and is neither soft-deleted past purge nor deactivated past the sixty (60) day billing-protection window described in Article 13.

2.9 Billing UI

Billing UI means the first-party Account → Billing surfaces within the host dashboard, which are the primary venue for subscription management, invoice history, tier changes, and cancellation.

2.10 Booster Credit

Booster Credit means prepaid or included funds in the unified credit pool, measured in United States cents, consumed by metered AI, SMS, and Email usage at provider cost plus five percent (5%).

2.11 Brand

Brand means a logical grouping of Locations under an Organization, used for permissions, navigation, and tool scoping.

2.12 Confidential Information

Confidential Information means non-public information disclosed by either party that is marked or reasonably understood to be confidential, excluding information that becomes public without breach, was known prior to disclosure, or is independently developed.

2.13 Consumer App

Consumer App means the future business-to-consumer mobile application described in Article 5, not yet generally available at the version date above.

2.14 Core Tier

Core Tier means the 3rdSpace Core subscription tier (tier: core), including the tool set in Exhibit A.

2.15 Cost Pass-Through Rate

Cost Pass-Through Rate means provider cost plus five percent (5%) for metered SMS, Email, and AI usage debited from the unified credit pool.

2.16 Custom Plan

Custom Plan means a negotiated set of overrides stored on an Organization (pricing, included tools, storage, included credits) established by 3rdSpace internal administration.

2.17 Customer of a Host or End Customer

Customer of a Host or End Customer means any individual whose personal information a Host stores, communicates with, or processes through the Services, including CRM contacts, ticket buyers, reservation depositors, waiver signers, and affiliate participants.

2.18 Dashboard

Dashboard means the authenticated host experience at the3rd-space.com/dashboard/.

2.19 Deactivate or Deactivated

Deactivate or Deactivated means a reversible operational pause of a Brand or Location that preserves data but limits live use, subject to continued billing for up to sixty (60) days.

2.20 Employee

Employee means a role with permissions scoped by the Organization, typically limited to assigned Brands, Location Groups, or Locations.

2.21 Free Tier

Free Tier means the non-paid Organization tier with structural limits and no tool access.

2.22 Host

Host means a business or operator that creates or joins an Organization to use the host platform; interchangeable with Organization in commercial contexts.

2.23 Host Content

Host Content means all data, text, images, audio, video, listings, menus, campaigns, schedules, and other materials a Host or its authorized users upload or generate through the Services.

2.24 Host Platform

Host Platform means the business-to-business web services, APIs, and tools accessible primarily at the3rd-space.com for venue and business operators.

2.25 Included Monthly Credit

Included Monthly Credit means the seventy United States dollars ($70) per month unified credit allocation on Unlimited Tier that resets each billing month without rollover.

2.26 Internal Admin

Internal Admin means 3rdSpace personnel authorized via the internalAdmin membership flag on org-3rdspace to access staff-only diagnostics and support tools.

2.27 Internal Tier

Internal Tier means the non-billable tier reserved for org-3rdspace, not user-selectable.

2.28 Location

Location means a single physical or logical site within a Brand, often mapped to a Google Places record, used for billing quantity and tool scoping.

2.29 Location Group

Location Group means a named collection of Locations used for role scoping.

2.30 Manager

Manager means an organization role with operational authority below Admin, without Billing access unless separately granted in a future release.

2.31 Material Change

Material Change means a change to these Terms that, in 3rdSpace's reasonable judgment, reduces your rights or increases your obligations in a significant way.

2.32 Media Library

Media Library means the shared storage subsystem with per-tier per-Location quotas.

2.33 Metered Features

Metered Features means AI Booster calls, SMS sends, and Email sends that debit the unified credit pool.

2.34 Minimum Purchase Bucket

Minimum Purchase Bucket means the fifteen United States dollar ($15) minimum credit top-up increment.

2.35 Nonprofit Verified Status

Nonprofit Verified Status means Organization nonprofit verification recorded in organizations/{orgId}/nonprofit with status verified.

2.36 Organization or Org

Organization or Org means a tenant workspace with its own Brands, Locations, subscriptions, data, and memberships.

2.37 Owner

Owner means the organization role with full authority, including nonprofit status changes, ownership transfer, and destructive org actions, subject to safeguards in Article 7.

2.38 Premium Monthly Rate

Premium Monthly Rate means the per-location monthly price when cadence is monthly (approximately fifty percent (50%) above the Baseline Rate for the same tier).

2.39 Privacy Policy

Privacy Policy means the 3rdSpace Privacy Policy, incorporated by reference.

2.40 Pro Tier

Pro Tier means the 3rdSpace Pro subscription tier (tier: pro), including Core tools plus Pro additions in Exhibit A.

2.41 Services

Services means the Host Platform, associated APIs, Cloud Functions, support channels, and any tools enabled for your Organization tier.

2.42 Smart Retries

Smart Retries means Stripe's automated payment retry schedule used during dunning per Article 9.

2.43 Soft Archive

Soft Archive means tier-downgrade preservation of tool data with a thirty (30) day recovery window using deleteReason: tier-downgrade.

2.44 Soft Delete

Soft Delete means reversible deletion with purgeAt thirty (30) days after deletion.

2.45 Stripe

Stripe means Stripe, Inc. and its payment, Connect, Tax, and billing products used by 3rdSpace and Hosts.

2.46 Subscription

Subscription means the Organization's recurring Stripe subscription for paid tiers, with quantity tied to Billable Locations.

2.47 Terms

Terms means these Terms of Service, including exhibits and policies incorporated by reference.

2.48 Tools

Tools means the modular product features (CRM, Ticketing, Web Scraper, etc.) described in Exhibit A and the master catalog TOOLS.md as of 2026-05-19.

2.49 Unified Credit Pool

Unified Credit Pool means the single Organization balance from which Metered Features draw at the Cost Pass-Through Rate.

2.50 Unlimited Tier

Unlimited Tier means the 3rdSpace Unlimited subscription tier (tier: unlimited) with the full tool catalog and Included Monthly Credit.

2.51 User or you

User or you means any individual who registers for an Account, whether or not they belong to a paying Organization.

2.52 Username

Username means the unique public handle selected at registration, changeable subject to cooldown and hold rules.

2.53 We, us, and our

We, us, and our mean 3rdSpace.

2.41 Interpretation Rules

Headings are for convenience only. "Including" means including without limitation. Singular includes plural and vice versa where context requires.

References to statutes include amendments and successor provisions. References to "days" mean calendar days unless stated as business days.

When a tier name appears in marketing materials with a dollar amount, that amount is denominated in United States dollars unless otherwise stated.

2.42 Product Documentation

Exhibit A summarizes tool tier gates as of 2026-05-19. Internal engineering documents (e.g., TOOLS.md, CONTEXT.md) inform product behavior but do not override these Terms if there is a conflict; counsel may reconcile before publication.

2.43 No Third-Party Beneficiaries

Except as expressly stated for End Customers receiving legally required notices from Hosts, these Terms do not confer rights on any third party, including affiliates, vendors, or Hosts' customers.

Article 3. Eligibility, Geographic Scope, and Export Controls

3.1 United States Only at Launch

The Services are offered only to Organizations and Users located in the United States, billing in United States dollars (USD). Onboarding and checkout gate on country and billing address. Foreign entities operating primarily in the United States may be permitted case-by-case via support; self-serve enrollment outside the United States is not supported at launch.

3.2 Business Use

The Host Platform is intended for business, commercial, and organizational use. You represent that you operate or are authorized to represent a legitimate business or nonprofit entity.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

3.3 Sanctions and Restricted Parties

You may not use the Services if you are on any government restricted-party list or located in a comprehensively embargoed jurisdiction. 3rdSpace may block access to comply with law.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

3.4 Account Limits

One Account per natural person. Shared credentials are prohibited. 3rdSpace may merge or close duplicate Accounts.

Article 4. Changes to These Terms

4.1 Right to Modify

3rdSpace may modify these Terms, the AUP, and incorporated policies at any time. We will post the revised version with an updated version identifier and effective date.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

4.2 Material Changes

For Material Changes, we will provide at least thirty (30) days' advance notice via email, in-dashboard banner, or both. Notice identifies the effective date and summary of changes.

4.3 Constructive Continuation

Unless otherwise required by law, your continued use of the Services after the effective date of a Material Change constitutes acceptance of the revised Terms.

4.4 Written Objection and Suspension

If you object in writing to a Material Change before its effective date (email to legal@the3rd-space.com or a designated objection address we publish), we may suspend your access to paid features until you accept the revised Terms or export and close your Account pursuant to Articles 10, 13, and 31. Suspension does not relieve payment obligations accrued before suspension.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

4.5 Non-Material Changes

Non-material clarifications may take effect upon posting. Version tracking may record acceptedTermsVersion in your Account record when engineering ships acceptance ledger.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

Article 5. The Services; Host Platform and Future Consumer App

5.1 Host Platform Scope

The Host Platform at the3rd-space.com includes marketing pages, the dashboard, tool modules, TV pairing endpoints, public join flows (e.g., karaoke sessions), APIs, and Cloud Functions that implement the product.

5.2 No Consumer App at Launch

The B2C consumer mobile application is a separate future track. Features labeled App Presence prepare venue data for a future consumer experience but do not guarantee consumer app availability or timelines.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

5.3 Tool Modularity

Tools may be added, renamed, re-tiered, or retired. Access is governed by subscription tier and hasAccess rules described in Article 8 and Exhibit A.

5.4 No Professional Advice

Analytics, audits, AI outputs, and reports are informational. They are not legal, tax, accounting, medical, or safety advice.

Article 6. Account Registration, Verification, and Security

6.1 Required Profile Fields

Registration requires username, legal name, birthday, phone number, and email address. You must provide accurate information and keep it current.

6.2 Verification

Email and phone verification are required before creating or joining an Organization. Google single sign-on (SSO) and phone-based registration paths must achieve parity: the same identity assurances apply regardless of sign-in method.

6.3 Credentials

You are responsible for safeguarding passwords and devices. Notify us promptly of suspected compromise.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

6.4 Username Policy

Usernames are unique, subject to format rules, leetspeak blocks, and reserved-word lists. Changes are permitted once per ninety (90) days; former usernames are held thirty (30) days before release to reduce impersonation risk.

6.5 Marketing Opt-In Separate

Marketing consent, if collected, uses a separate unchecked checkbox at sign-up, distinct from acceptance of these Terms.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

Article 7. Organizations, Membership, Roles, and Billing Authority

7.1 Organizations Own Subscriptions

Stripe Customers and Subscriptions attach to the Organization, not individual Users. Ownership changes do not automatically migrate billing obligations without explicit transfer flows.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

7.2 Roles and Scopes

Owner, Admin, Manager, and Employee roles combine with scopes (Organization, Brand, Location Group, Location) to authorize actions. Tool UIs enforce permissions; circumvention is prohibited.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

7.3 Billing RBAC

Owner and Admin may access Billing UI: payment methods, invoices, tier and cadence changes, cancellation. Manager and Employee are blocked from Billing surfaces.

7.4 Admin Limitations

Admins cannot promote, demote, or remove Owners; cannot transfer ownership; cannot change Nonprofit Verified Status. Those actions are Owner-only.

7.5 Multiple Owners

Organizations may have multiple Owners who act independently, including destructive actions, subject to confirmation modals. Last-write-wins on conflicting edits.

7.6 Owner Exit Safeguard

A sole Owner cannot silently delete their membership or leave the Organization without designating a successor Owner or triggering documented auto-transfer to the oldest Admin, then Manager, or blocking until promotion occurs.

Article 8. Subscription Tiers, Tool Access, and Custom Plans

8.1 Tier Overview

Available tiers: Free, Core, Pro, Unlimited, Custom (admin-negotiated), and Internal (3rdSpace only). Paid tiers bill per Billable Location per cadence.

8.2 Free Tier Limits

Free Organizations may have up to three (3) Brands and ten (10) Locations, no Tool access, and visible upgrade walls. Attempts to exceed caps trigger upgrade prompts.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

8.3 Core Tier

Core Baseline Rate is fifty dollars ($50) per location per month on quarterly or annual cadence; Premium Monthly Rate is approximately seventy-five dollars ($75). Includes Core tools in Exhibit A and two (2) GB Media Library per Location.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

8.4 Pro Tier

Pro Baseline Rate is one hundred dollars ($100) per location per month (approximately one hundred fifty dollars ($150) monthly cadence). Adds Pro tools in Exhibit A and ten (10) GB Media Library per Location. Does not include Unlimited-only tools.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

8.5 Unlimited Tier

Unlimited Baseline Rate is two hundred fifty dollars ($250) per location per month (approximately three hundred seventy-five dollars ($375) monthly cadence). Includes all catalog Tools, twenty-five (25) GB Media Library per Location, and Included Monthly Credit.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

8.6 Custom Plans

Internal admin may set Custom Plans with overrides for price, tools, storage, and credits. Custom Plans display as "Custom plan — set up by 3rdSpace" with contact instructions.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

8.7 Nonprofit Carve-Out

Nonprofit Verified Status on Core sets price to zero dollars ($0) per location with full Core tool access. Upgrades to Pro or Unlimited charge full standard prices without a fifty-dollar ($50) offset. Tax exemption is independent of nonprofit pricing.

8.8 Internal Tier

Reserved for org-3rdspace; not selectable by Hosts; all tools enabled; no host-facing subscription invoices.

8.9 Tier Downgrade Soft Archive

Downgrading to a tier that excludes a Tool soft-archives that Tool's data for thirty (30) days in Billing → Tier-archived items. Re-upgrade within thirty (30) days restores data.

Article 9. Billing, Cadence, Proration, Taxes, and Payment Failure

9.1 Cadences

Each paid tier offers monthly, quarterly, and annual Stripe Prices. Quarterly and annual share the same Baseline Rate; monthly uses Premium Monthly Rate (~50% premium). No additional discount for annual versus quarterly at launch.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

9.2 Quantity and Minimum Seats

Subscription quantity equals Billable Locations with a minimum of one (1) on paid tiers. Mid-cycle location adds may prorate immediately on upgrade-style changes.

9.3 Proration Asymmetry

Upgrades, seat increases, and upgrade-style cadence moves may generate immediate Stripe prorations. Downgrades, seat decreases, and downgrade-style cadence moves take effect at period end unless internal admin intervenes.

9.4 Stripe Tax

3rdSpace enables Stripe Tax on subscription and credit purchases using SaaS tax codes where applicable. Hosts remain responsible for taxes on their own customer transactions (tickets, deposits, amusement taxes).

9.5 Payment Methods

You must maintain a valid payment method for paid tiers. Phase 2 may allow Stripe Customer Portal for payment-method updates only; subscription changes remain in Billing UI.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

9.6 Failed Payment and Dunning

On failure, Stripe Smart Retries attempt collection over approximately one week. We email you on failures. If all retries fail, the Organization soft-downgrades to Free at end of week two, triggering tier soft-archive rules. You may restore paid status by updating payment and re-subscribing.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

9.7 No Pass-Through Invoices for SMS/Email

Metered SMS, Email, and AI draw from the unified credit pool rather than separate pass-through invoices.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

Article 10. Cancellation; No Subscription Pause

10.1 Cancel Only

3rdSpace does not offer subscription pause. To stop recurring charges, cancel via Billing UI. Access continues through the current paid period unless otherwise stated.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

10.2 Effect of Cancellation

After cancellation, the Organization moves to Free at period end (or immediately per Stripe settings displayed at cancel time). Tool data may soft-archive per tier rules.

10.3 Account Deletion

Users may delete Accounts subject to Owner safeguards. Deletion initiates soft-delete windows described in Article 13.

Article 11. Unified Credit Pool; Metered Usage

11.1 Single Pool

SMS (Twilio), Email (SendGrid), and AI Booster (Gemini) debit one Organization credit balance at provider cost plus five percent (5%).

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

11.2 Purchases

Core and Pro (and Unlimited overage) buy credits in Minimum Purchase Buckets of fifteen dollars ($15) via Stripe.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

11.3 Low Balance

Warnings near five dollars ($5) remaining; Metered Features auto-pause at zero balance until top-up.

11.4 Non-Expiration

Purchased credits do not expire while the Organization remains active.

11.5 Unlimited Included Credit

Unlimited includes seventy dollars ($70) per month Included Monthly Credit, resetting each month without rollover; overage uses purchased credits.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

Article 12. AI Booster

12.1 Optional Enhancement

AI Booster is optional per Organization with per-tool toggles. Deterministic tool cores function without AI.

12.2 Providers

At launch, Booster routes to Google Gemini (Flash and Pro tiers per task). Provider terms apply; see Privacy Policy.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

12.3 Enable and Disable

Enabling is immediate. Disabling requests take fourteen (14) days to take effect (asymmetric delay); you may cancel a pending disable during that window. Re-enable after disable is immediate.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

12.4 L2+ Only

Booster features attach at tool level L2 or higher, never L1.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

12.5 Model Display

AI outputs may show model names for transparency.

Article 13. Lifecycle: Soft Delete, Deactivation, and Data Retention

13.1 Soft Delete — Thirty Days

Deletes set purgeAt thirty (30) days forward. Recoverable Items allows restore during the window.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

13.2 Deactivate — Sixty Day Billing

Deactivated Locations remain billable up to sixty (60) days, then drop from quantity at next cycle. Data persists while deactivated.

13.3 Tier Archive

Tier-downgrade soft-archive uses the same thirty (30) day standard with separate UI surfacing.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

13.4 Purge

After purgeAt, data is permanently deleted subject to legal holds and backup retention described in the Privacy Policy.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

Article 14. Acceptable Use; Cross-Referenced Policies

14.1 AUP Incorporated

The AUP is part of these Terms. Violations may lead to suspension or termination.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

14.2 No Circumvention

You may not bypass role scopes, scrape without permission, send unlawful spam, or attempt to gain internal-admin access improperly.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

Article 15. Privacy; Data Processing

15.1 Privacy Policy

Our Privacy Policy explains collection, use, sharing, and rights. It is incorporated by reference.

15.2 DPA

Hosts processing personal data of End Customers may require a Data Processing Addendum where mandated by law; contact legal@the3rd-space.com.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

15.3 Auto-CRM Entry

Users are entered into 3rdSpace's internal CRM and Organization CRMs upon join, as disclosed at sign-up.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

Article 16. Host Data, CRM, and End-Customer Relationships

16.1 Host as Controller

Hosts determine purposes and means of processing End Customer data in their CRM. 3rdSpace processes on Host instructions via the Services.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

Hosts must obtain valid consents for marketing (CAN-SPAM, TCPA, state privacy laws) and honor opt-outs and STOP replies.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

16.3 Data Quality

Hosts must not upload fabricated or unlawfully obtained personal data.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

16.4 Export and Deletion Requests

Hosts are responsible for responding to End Customer rights requests; 3rdSpace provides tools but does not adjudicate Host-customer disputes.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

Article 17. Marketing Communications

17.1 3rdSpace Marketing

3rdSpace may market to Users who opt in. We may also send relationship messages via Host channels to End Customers who opted in to Host marketing, clearly identifying both parties.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

17.2 Host Campaigns

Email and SMS tools require compliant sender identity, quiet hours where applicable, and suppression lists.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

Article 18. Intellectual Property — 3rdSpace

18.1 Ownership

3rdSpace owns the platform, trademarks, software, documentation, and all related IP except Host Content and licensed third-party materials.

18.2 License to You

Subject to these Terms and payment, 3rdSpace grants a limited, non-exclusive, non-transferable, revocable license to use the Services for internal business purposes.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

18.3 Restrictions

No reverse engineering, copying UI for competing services, or removal of proprietary notices.

Article 19. Host Content; License Grant to 3rdSpace

19.1 Host Ownership

Hosts retain ownership of Host Content and End Customer lists.

19.2 License to 3rdSpace

Hosts grant 3rdSpace a worldwide, non-exclusive, royalty-free license to host, store, reproduce, display, transmit, and process Host Content solely to provide, secure, improve, and comply regarding the Services.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

19.3 Sublicense to Providers

3rdSpace may sublicense to hosting, AI, email, SMS, and payment providers as needed, under confidentiality and data-protection obligations.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

Article 20. Feedback and Suggestions

20.1 Assignment

You grant 3rdSpace a perpetual, irrevocable license to use feedback without compensation or attribution obligation.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

Article 21. Website Services and Service Requests

21.1 Human Services

Website design, development, hosting, integrations, and advanced setup are quote-based human services via Website Services and Service Requests tools.

21.2 Separate Invoices

Quoted work bills through separate Stripe invoices upon acceptance. Scopes and deliverables are defined in statements of work presented before work begins.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

21.3 No Guaranteed Outcomes

Unless expressly stated in a signed SOW, 3rdSpace does not guarantee traffic, revenue, or search rankings.

Article 22. Communications Tools (Email and SMS)

22.1 Pro Tier Required

Email System and SMS System require Pro or Unlimited tier at launch restructuring 2026-05-19.

22.2 Compliance

Hosts are senders of record for regulatory purposes. 3rdSpace provides tooling but does not assume Host compliance obligations.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

22.3 A2P Registration

SMS may require carrier registration lead times; delays are not SLA breaches.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

Article 23. Web Scraper

23.1 Unlimited Only

Web Scraper is available only on Unlimited Tier.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

23.2 Host Responsibility

Host bears all legal responsibility for scraping activities, including copyright, contract, CFAA, and privacy implications.

23.3 robots.txt Warnings

The tool warns when robots.txt disallows paths. Proceeding after warning constitutes Host acknowledgment of permission and assumption of risk.

23.4 No Authenticated Scraping

Scraping behind login walls is refused by design.

23.5 3rdSpace Disclaimer

3rdSpace is not liable for damages arising from Host-initiated scraping.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

Article 24. Smart TV CMS

24.1 Device Pairing

TV devices pair via the3rd-space.com/tv/ to Location TV slots.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

24.2 Content Responsibility

Host is solely responsible for displayed content and local broadcast or performance licensing.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

Article 25. Karaoke Manager

25.1 Queue Only

Karaoke Manager provides request queues and displays only. 3rdSpace does not stream, host, transcribe, or synchronize audio or lyrics.

25.2 PRO Licensing

Host is solely responsible for public performance rights (ASCAP, BMI, SESAC, GMR, etc.) and karaoke-specific licenses for any playback occurring in the venue.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

Public join flows may require 3rdSpace Accounts per product rules; marketing opt-in follows Account settings.

Article 26. Ticketing and Reservation System

26.1 Zero Ticketing Platform Fees

3rdSpace charges zero platform fees on event ticketing at launch — a deliberate product choice subject to change with notice.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

26.2 Reservation Deposits

A percentage service fee applies to deposits paid through the platform, not to balances settled outside the platform.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

26.3 Host Stripe

Ticket and deposit revenue generally flows through the Host's Stripe account; sales tax and amusement taxes are Host responsibilities unless Host opts into Stripe Tax features offered in-tool.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

Article 27. Affiliate Marketing and Stripe Connect

27.1 Unlimited Only

Affiliate Marketing workflow requires Unlimited Tier (QR affiliate links may exist separately on Pro).

27.2 Host as Payor

Host is payor of record for affiliate commissions. Stripe Connect facilitates payouts at L2+.

27.3 1099-K

When IRS thresholds apply (e.g., six hundred dollars ($600) annually, subject to change), Stripe may issue Form 1099-K; Host and affiliate receive notices.

27.4 Disclosure Laws

Hosts must provide affiliate disclosure language required by state and federal law in promotional materials.

27.5 Indemnity

Host indemnifies 3rdSpace for affiliate program disputes, wage claims, and tax reporting failures.

Article 28. Demo and Sales Mode

28.1 Sales Demonstrations

Demo/Sales Mode may expose sample data. Do not load real End Customer PII into demo contexts unless you accept export risk.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

Article 29. Third-Party Services and Integrations

29.1 Third-Party Terms

Google, Stripe, Twilio, SendGrid, Gemini, Meta, Yelp, and other integrations are governed by their terms. 3rdSpace is not responsible for third-party outages.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

29.2 Webhook Security

We verify webhooks where supported; Hosts must secure their own integration credentials.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

Article 30. Internal Administration and Impersonation

30.1 Staff Tools

Internal Admin may access diagnostics, support tickets, and read-only impersonation of Host dashboards with audit logging.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

30.2 Read-Only Impersonation

At MVP, impersonation is view-only; staff cannot write while impersonating.

30.3 No Warranty of Support Outcome

Support efforts are commercially reasonable but do not guarantee resolution times unless a separate enterprise agreement exists.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

Article 31. Data Export

31.1 Self-Serve Export

Account → Settings → Privacy → Export my data initiates a export of Organization-scoped data and your profile.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

31.2 Fourteen-Day Delay

Delivery is delayed fourteen (14) days from request to discourage casual or churn-driven exports, within GDPR Article 12(3) outer bounds.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

31.3 Delivery

We email a signed download link expiring seven (7) days after generation. Exports are JSON in a zip archive.

Article 32. Audit Logs

32.1 Host Audit Logs

Privileged Host actions (billing, role changes, destructive operations) append to Organization audit logs.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

32.2 Admin Audit Logs

Internal Admin actions append to admin audit logs naming the actor.

32.3 Two-Year Retention

Audit logs are retained two (2) years from event timestamp, then purged by scheduled jobs unless legal hold applies.

Article 33. Security; Incident Response

33.1 Safeguards

We implement administrative, technical, and physical safeguards appropriate to the Services. No system is perfectly secure.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

33.2 Your Duties

Use strong passwords, least-privilege roles, and prompt offboarding for departed staff.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

33.3 Notification

We will notify affected parties of breaches as required by law.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

Article 34. Beta, Preview, and Experimental Features

34.1 As-Is Beta

Features labeled beta, preview, or experimental are provided AS IS, may change without notice, and may be withdrawn at any time.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

Article 35. Service Availability and Support

35.1 No SLA at Launch

Unless a Custom Plan or enterprise order form states otherwise, the Services are provided without uptime SLA or credits.

35.2 Maintenance

Scheduled and emergency maintenance may cause interruptions. We will attempt reasonable notice for scheduled work.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

35.3 Support Channels

Support is available via published contact methods; severity triage is at 3rdSpace discretion.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

Article 36. Disclaimers

36.1 AS IS

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

36.2 No Guarantee

We do not warrant uninterrupted, timely, secure, or error-free operation, or that AI outputs will be accurate, complete, or non-infringing.

36.3 Host Transactions

We are not party to Host-End Customer transactions except as technical facilitator.

Article 37. Limitation of Liability

37.1 Exclusion of Damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, 3RDSPACE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

37.2 Cap

3RDSPACE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE AMOUNTS YOU PAID TO 3RDSPACE FOR THE SERVICES IN THE TWELVE (12) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

37.3 Multiple Claims

The cap applies collectively to all claims, not per claim.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

37.4 Basis of Bargain

These limitations are fundamental elements of the bargain and apply regardless of theory of liability.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

Article 38. Indemnification

38.1 Host Indemnity

You will defend, indemnify, and hold harmless 3rdSpace and its officers, directors, employees, and agents from claims arising out of: (i) Host Content; (ii) End Customer disputes; (iii) marketing and communications sent through the Services; (iv) Web Scraper use; (v) karaoke or TV public performance; (vi) affiliate programs; (vii) ticket and reservation commerce; (viii) violation of law or these Terms; (ix) dispute between Organization members.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

38.2 Procedure

We will prompt notice of claims; you will cooperate in defense. We may participate with counsel of our choice at your expense for indemnified matters.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

38.3 Settlement

You may not settle without our prior written consent if settlement imposes non-monetary obligations on 3rdSpace.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

Article 39. Dispute Resolution; Binding Arbitration

39.1 Informal Resolution

Before filing arbitration, you agree to email legal@the3rd-space.com with a concise description and allow thirty (30) days for good-faith negotiation.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

39.2 Binding Arbitration

Except for excluded matters in Section 39.4, disputes arising out of these Terms or the Services will be resolved by binding arbitration administered by JAMS (or AAA if JAMS unavailable) under its Comprehensive Arbitration Rules.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

39.3 Seat and Arbitrator

Arbitration seat: Delaware or another U.S. seat 3rdSpace designates. One arbitrator unless rules require three for large claims.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

39.4 Fees

Fees follow forum rules; each party bears its own attorneys' fees unless statute or award says otherwise.

39.5 Excluded Matters

Either party may seek injunctive relief in court for IP misuse or unauthorized access. Either party may bring qualifying claims in small-claims court.

Article 40. Class Action and Jury Trial Waiver

40.1 Class Waiver

DISPUTES MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

40.2 Jury Waiver

IF A DISPUTE PROCEEDS IN COURT DESPITE THIS AGREEMENT, BOTH PARTIES WAIVE ANY RIGHT TO A JURY TRIAL.

Article 41. Governing Law and Venue

41.1 Governing Law

These Terms are governed by the laws of the State of Delaware, excluding conflict-of-law rules that would apply another state's laws.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

41.2 Venue for Permitted Court Actions

For matters not subject to arbitration, exclusive venue lies in state or federal courts located in Delaware, and you consent to personal jurisdiction there.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

Article 42. Injunctive Relief and Equitable Remedies

42.1 Equitable Relief

3rdSpace may seek immediate injunctive or equitable relief to protect the Services, confidential information, or intellectual property without posting bond where permitted.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

Article 43. Assignment; Successors

43.1 Our Assignment

3rdSpace may assign these Terms in connection with merger, acquisition, or sale of assets with notice.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

43.2 Your Assignment

You may not assign without our written consent, except to a successor entity that assumes all obligations with notice.

Article 44. Severability; Waiver; Interpretation

44.1 Severability

If a provision is unenforceable, it will be modified to minimum extent necessary; remainder stays in effect.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

44.2 No Waiver

Failure to enforce is not a waiver.

44.3 Survival

Sections that by nature survive termination (payment, IP, disclaimers, liability, indemnity, arbitration) survive.

Article 45. Entire Agreement; Order of Precedence

45.1 Entire Agreement

These Terms, exhibits, Privacy Policy, AUP, and any Custom Plan or signed SOW constitute the entire agreement regarding the Services.

45.2 Precedence

Signed enterprise order forms control over these Terms where expressly stated. Custom Plan overrides standard tier pricing and tool lists. These Terms control over marketing pages.

Article 46. Notices

46.1 To You

We may provide notice via email to your verified address, in-dashboard messages, or posting on the marketing site.

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

46.2 To Us

Legal notices must be sent to legal@the3rd-space.com (TBD) with copy to the registered agent address once published.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

Article 47. Contact Information

47.1 General

Questions about these Terms: legal@the3rd-space.com (TBD). Abuse reports: abuse@the3rd-space.com (TBD). Support: support@the3rd-space.com.

Capitalized terms used but not defined in a Section have the meanings given in Article 2 (Definitions).

47.2 Registered Agent

[Delaware registered agent name and address TBD]

3rdSpace may monitor aggregate usage patterns, error rates, and security signals to protect the platform; monitoring does not create a fiduciary or agency relationship with any Host.

Exhibit A — Subscription Tier Tool Access (2026-05-19)

This Exhibit summarizes tool availability by tier as locked in TOOLS.md on 2026-05-19. If the catalog changes, 3rdSpace may update Exhibit A with notice per Article 4. Tier names in product code: free, core, pro, unlimited, custom, internal.

A.1 Free Tier

Account, Organization, Brand, and Location modeling only.
Maximum three (3) Brands and ten (10) Locations per Organization.
No Tools (upgrade walls on navigation).
No Media Library uploads for production use.

A.2 Core Tier (includes all Core tools in Pro and Unlimited)

Tool	Phase	Notes
CRM (Customer Tracking)	3	Org-wide customer graph
SEO & GEO Audit	3	Host own-site only
Website Services	3	Quote-based human services
Service Requests	3	Support + feature requests
Platform Feedback	3	Suggestions / bug reports
Demo / Sales Mode	4	Sales demonstrations
Reservation System	5	Deposit fee on platform-paid deposits only
Ticketing	5	Zero platform fees
Event Management	5
Inventory Manager	5
Media Library	2	2 GB per Location

Not included on Core (require Pro or higher): QR Code Generator, Business Profile Manager, Review Management, Social Media Management, Smart TV CMS, Staff Scheduling, Email System, SMS System, Trivia Manager, Karaoke Manager, Invoicing & Expenses, State Tracker, Analytics & Reporting, Digital Waiver, Lead Capture Forms, Campaign Management, Gift Card & Loyalty.

A.3 Pro Tier (Core plus Pro-marked tools)

Adds: QR Code Generator, Business Profile Manager, Review Management, Social Media Management, Smart TV CMS, Staff Scheduling, Email System, SMS System, Trivia Manager, Karaoke Manager, Invoicing & Expenses, State Tracker, Analytics & Reporting, Digital Waiver, Lead Capture Forms, Campaign Management, Gift Card & Loyalty. Media Library 10 GB per Location.

Withheld from Pro (Unlimited only): Web Scraper, Affiliate Marketing, Products & Menu, Dashboard, 3rdSpace App Presence.

A.4 Unlimited Tier

All Core and Pro tools plus: Web Scraper, Affiliate Marketing, Products & Menu, Dashboard, 3rdSpace App Presence. Media Library 25 GB per Location. Included Monthly Credit: $70 (unified pool).

A.5 Custom and Internal

Custom: includedTools and quotas per customPlan document.
Internal: all catalog and staff-only tools for org-3rdspace; no host invoices.

A.6 AI Booster Availability

AI Booster is optional on Core, Pro, and Unlimited where tools support L2+ Booster features. Credits draw from unified pool per Article 11.

Exhibit B — Summary of Arbitration Procedures

This Exhibit summarizes Article 39 for convenience and does not replace the JAMS Comprehensive Arbitration Rules (or successor rules) in effect when a demand is filed.

B.1 Initiation

Either party files a demand with JAMS (or AAA fallback) and serves the other party. The demand describes the dispute and relief sought.

B.2 Arbitrator Selection

Parties select an arbitrator per forum rules from the forum's roster. If parties cannot agree, the forum appoints.

B.3 Proceedings

Hearings may be conducted remotely. Discovery is limited compared to court litigation per forum rules and arbitrator orders.

B.4 Award

The arbitrator issues a written award. Judgment on the award may be entered in any court with jurisdiction.

B.5 Confidentiality

Hearing records and filings may be subject to forum confidentiality rules; public injunctive relief matters excepted.

B.6 Small Claims Carve-Out

Either party may bring individual claims within small-claims court monetary and jurisdictional limits in the county of the Host's principal place of business or Delaware, whichever forum rules allow.

B.7 Opt-Out

[Any opt-out window TBD by counsel — placeholder: business hosts may not receive consumer opt-out rights; counsel to confirm.]

Exhibit C — Defined Product URLs and Contacts

Resource	URL or Address
Marketing site	https://the3rd-space.com/
Host dashboard	https://the3rd-space.com/dashboard/
Internal admin	https://the3rd-space.com/dashboard/admin/
Smart TV pairing	https://the3rd-space.com/tv/
Terms (future)	https://the3rd-space.com/terms
Privacy (future)	https://the3rd-space.com/privacy
Acceptable Use (future)	https://the3rd-space.com/aup
Legal contact (TBD)	legal@the3rd-space.com
Abuse contact (TBD)	abuse@the3rd-space.com
Support	support@the3rd-space.com

End of Terms of Service — DRAFT-1 (2026-05-19)

Schedule 1 — Illustrative Billing Scenarios (Non-Binding)

The following examples clarify Article 9 and are not guarantees of invoice amounts after tax, proration, or credits.

S1.1 Core Quarterly, Three Locations

An Organization on Core quarterly cadence with three Billable Locations pays baseline effective rate of $50 × 3 = $150 per month equivalent, billed as $450 per quarter per Stripe Price configuration, plus applicable Stripe Tax.

S1.2 Mid-Cycle Location Add

Adding a fourth Billable Location mid-quarter may generate an immediate proration charge for the remainder of the quarter.

S1.3 Downgrade Pro to Core at Period End

Downgrading from Pro to Core schedules loss of Pro-only tools at period end; tier soft-archive begins when downgrade takes effect.

S1.4 Failed Payment Week Two

After Smart Retries exhaust, Organization becomes Free; Pro/Unlimited tools soft-archive for thirty (30) days.

Schedule 2 — Role Permission Matrix (Summary)

Action	Owner	Admin	Manager	Employee
Billing / cancel	Yes	Yes	No	No
Change nonprofit status	Yes	No	No	No
Transfer ownership	Yes	No	No	No
Promote/demote Owner	Yes	No	No	No
Tool use (scoped)	Yes	Yes	Scoped	Scoped
Delete Organization	Yes	No	No	No

Schedule 3 — Metered Feature Examples

Feature	Provider (launch)	Billing
AI Booster call	Gemini	Cost + 5% from pool
SMS segment	Twilio	Cost + 5% from pool
Marketing email	SendGrid	Cost + 5% from pool

Schedule 4 — Counsel Open Items (Internal)

The following require attorney confirmation before publication: (1) constructive continuation enforceability; (2) arbitration opt-out for business vs consumer users; (3) Delaware vs alternate governing law for nationwide hosts; (4) affiliate 1099 and money-transmitter analysis; (5) amusement tax disclosures; (6) e-sign waiver tool cross-reference when Digital Waiver ships; (7) COPPA if minors can join karaoke flows; (8) insurance recommendations for high-risk tools.

Schedule 5.x — CRM

Hosts are data controllers for contact records. 3rdSpace provides segmentation, import/export, and AI summaries when Booster enabled.

Hosts agree that CRM is provided AS IS within the Services, subject to tier gating in Exhibit A. 3rdSpace may modify CRM levels L1–L5 without notice where changes are non-material. Material reductions in CRM capability for paid tiers require notice under Article 4.

Schedule 5.x — Business Profile Manager

Listing audits may require third-party API credentials supplied by Host.

Hosts agree that Business Profile Manager is provided AS IS within the Services, subject to tier gating in Exhibit A. 3rdSpace may modify Business Profile Manager levels L1–L5 without notice where changes are non-material. Material reductions in Business Profile Manager capability for paid tiers require notice under Article 4.

Schedule 5.x — Review Management

Replies posted to third-party platforms remain subject to those platforms' terms.

Hosts agree that Review Management is provided AS IS within the Services, subject to tier gating in Exhibit A. 3rdSpace may modify Review Management levels L1–L5 without notice where changes are non-material. Material reductions in Review Management capability for paid tiers require notice under Article 4.

OAuth tokens may be revoked by platforms; 3rdSpace is not liable for API policy changes.

Hosts agree that Social Media Management is provided AS IS within the Services, subject to tier gating in Exhibit A. 3rdSpace may modify Social Media Management levels L1–L5 without notice where changes are non-material. Material reductions in Social Media Management capability for paid tiers require notice under Article 4.

Schedule 5.x — Staff Scheduling

Not a payroll system; wage and hour compliance remains Host responsibility.

Hosts agree that Staff Scheduling is provided AS IS within the Services, subject to tier gating in Exhibit A. 3rdSpace may modify Staff Scheduling levels L1–L5 without notice where changes are non-material. Material reductions in Staff Scheduling capability for paid tiers require notice under Article 4.

Schedule 5.x — State Tracker

Pipeline data is Host confidential business information.

Hosts agree that State Tracker is provided AS IS within the Services, subject to tier gating in Exhibit A. 3rdSpace may modify State Tracker levels L1–L5 without notice where changes are non-material. Material reductions in State Tracker capability for paid tiers require notice under Article 4.

Schedule 5.x — Invoicing & Expenses

PDF invoices are Host documents; 3rdSpace does not file taxes on Host behalf.

Hosts agree that Invoicing & Expenses is provided AS IS within the Services, subject to tier gating in Exhibit A. 3rdSpace may modify Invoicing & Expenses levels L1–L5 without notice where changes are non-material. Material reductions in Invoicing & Expenses capability for paid tiers require notice under Article 4.

Dynamic pricing disclosures are Host responsibility when enabled.

Hosts agree that Products & Menu is provided AS IS within the Services, subject to tier gating in Exhibit A. 3rdSpace may modify Products & Menu levels L1–L5 without notice where changes are non-material. Material reductions in Products & Menu capability for paid tiers require notice under Article 4.

Schedule 5.x — Gift Card & Loyalty

Escheat and expiration laws vary by state; Host must configure legally compliant terms.

Hosts agree that Gift Card & Loyalty is provided AS IS within the Services, subject to tier gating in Exhibit A. 3rdSpace may modify Gift Card & Loyalty levels L1–L5 without notice where changes are non-material. Material reductions in Gift Card & Loyalty capability for paid tiers require notice under Article 4.

Schedule 5.x — Digital Waiver

E-sign compliance under E-SIGN and UETA is Host responsibility; lawyer review required.

Hosts agree that Digital Waiver is provided AS IS within the Services, subject to tier gating in Exhibit A. 3rdSpace may modify Digital Waiver levels L1–L5 without notice where changes are non-material. Material reductions in Digital Waiver capability for paid tiers require notice under Article 4.

Schedule 5.x — Lead Capture Forms

Spam protection uses rate limits; Host must not solicit unlawful data categories.

Hosts agree that Lead Capture Forms is provided AS IS within the Services, subject to tier gating in Exhibit A. 3rdSpace may modify Lead Capture Forms levels L1–L5 without notice where changes are non-material. Material reductions in Lead Capture Forms capability for paid tiers require notice under Article 4.

Schedule 5.x — Campaign Management

Orchestrates Email/SMS; inherits all communications compliance obligations.

Hosts agree that Campaign Management is provided AS IS within the Services, subject to tier gating in Exhibit A. 3rdSpace may modify Campaign Management levels L1–L5 without notice where changes are non-material. Material reductions in Campaign Management capability for paid tiers require notice under Article 4.

Schedule 5.x — Trivia Manager

Real-time game state; not gambling unless Host configures unlawful prizes.

Hosts agree that Trivia Manager is provided AS IS within the Services, subject to tier gating in Exhibit A. 3rdSpace may modify Trivia Manager levels L1–L5 without notice where changes are non-material. Material reductions in Trivia Manager capability for paid tiers require notice under Article 4.

Schedule 5.x — Event Management

Calendaring layer; ticket sales governed by Ticketing article.

Hosts agree that Event Management is provided AS IS within the Services, subject to tier gating in Exhibit A. 3rdSpace may modify Event Management levels L1–L5 without notice where changes are non-material. Material reductions in Event Management capability for paid tiers require notice under Article 4.

Schedule 5.x — Inventory Manager

Operational stock tracking; no guarantee of POS sync accuracy at L1.

Hosts agree that Inventory Manager is provided AS IS within the Services, subject to tier gating in Exhibit A. 3rdSpace may modify Inventory Manager levels L1–L5 without notice where changes are non-material. Material reductions in Inventory Manager capability for paid tiers require notice under Article 4.

Schedule 5.x — Analytics & Reporting

Aggregations depend on data Host supplies; garbage-in-garbage-out applies.

Hosts agree that Analytics & Reporting is provided AS IS within the Services, subject to tier gating in Exhibit A. 3rdSpace may modify Analytics & Reporting levels L1–L5 without notice where changes are non-material. Material reductions in Analytics & Reporting capability for paid tiers require notice under Article 4.

Schedule 5.x — Platform Feedback

Submissions license 3rdSpace to use for product improvement.

Hosts agree that Platform Feedback is provided AS IS within the Services, subject to tier gating in Exhibit A. 3rdSpace may modify Platform Feedback levels L1–L5 without notice where changes are non-material. Material reductions in Platform Feedback capability for paid tiers require notice under Article 4.

Schedule 5.x — 3rdSpace App Presence

Prepares venue metadata for future consumer app; no launch commitment.

Hosts agree that 3rdSpace App Presence is provided AS IS within the Services, subject to tier gating in Exhibit A. 3rdSpace may modify 3rdSpace App Presence levels L1–L5 without notice where changes are non-material. Material reductions in 3rdSpace App Presence capability for paid tiers require notice under Article 4.

Schedule 5.x — Dashboard

Unlimited-only consolidated view; metrics definitions may change.

Hosts agree that Dashboard is provided AS IS within the Services, subject to tier gating in Exhibit A. 3rdSpace may modify Dashboard levels L1–L5 without notice where changes are non-material. Material reductions in Dashboard capability for paid tiers require notice under Article 4.

Annex I — Communications and Marketing Compliance (Host Obligations)

I.1 CAN-SPAM Act (Email)

Hosts using the Email System must include accurate header and subject information, identify the message as an advertisement where required, include a valid physical postal address, provide a clear one-click unsubscribe mechanism honored within ten (10) business days, and refrain from harvesting or relaying messages through the Services in violation of CAN-SPAM. 3rdSpace may suspend sending privileges if complaint rates or spam-trap hits exceed industry thresholds.

I.2 TCPA (SMS and Telemarketing)

Hosts using the SMS System must obtain prior express written consent where required for marketing texts, honor the National Do Not Call Registry where applicable to their operations, observe TCPA quiet hours (8:00 a.m. to 9:00 p.m. local time of the recipient unless stricter state rules apply), identify the sender, and process STOP/HELP keywords through the suppression infrastructure. Transactional messages (appointment reminders, ticket confirmations) still require a lawful basis and accurate opt-out handling where regulated as telemarketing in certain states.

I.3 State Privacy Laws (CCPA/CPRA, Colorado, Virginia, Connecticut, Utah, and successors)

Hosts are independent businesses subject to state comprehensive privacy laws based on their own revenue and data practices. 3rdSpace acts as a service provider/processor to the Host for End Customer personal information processed in the CRM and tools, but Hosts remain responsible for privacy notices, opt-out of sale/share links, sensitive data limitations, and data subject requests for their customers. The Privacy Policy and any executed DPA describe 3rdSpace subprocessors (Firebase, Stripe, Twilio, SendGrid, Google/Gemini, etc.).

I.4 Children and Minors

The Services are not directed to children under thirteen (13). Hosts must not knowingly collect personal information from children without verifiable parental consent and compliance with COPPA. Karaoke and trivia join flows that permit minors in venues remain the Host's responsibility to obtain any parental consent required by local law.

I.5 Anti-Spam and Suppression Integrity

Hosts may not upload purchased lists without provable consent, re-add suppressed contacts, or split campaigns to circumvent unsubscribe status. The Services maintain organization-scoped suppression lists; attempts to bypass them violate the AUP.

Annex II — Payment, Tax, and Money Transmission Disclaimers

II.1 Stripe Relationship

Stripe is a third-party payment processor. 3rdSpace is not a bank, money transmitter, or escrow agent except as expressly described for specific tools (e.g., facilitating Connect payouts configured by Host). Cardholder agreements are between the Host or User and their issuing bank.

II.2 Sales Tax on SaaS

3rdSpace uses Stripe Tax on subscription and credit purchases. Tax treatment of software access varies by state; amounts on invoices reflect Stripe Tax calculations at time of charge. Hosts remain responsible for their own income tax reporting on business earnings.

II.3 Host-Collected Taxes

For ticket sales, reservation deposits, gift cards, and in-venue amusement taxes, Hosts configure their own Stripe accounts and tax settings. Chicago amusement tax, Pittsburgh amusement tax, New York admissions taxes, and similar regimes are Host obligations unless the Host opts into in-tool Stripe Tax features and supplies required registrations.

II.4 Chargebacks and Disputes

Chargebacks on subscription or credit purchases flow through Stripe dispute processes. 3rdSpace may deduct disputed amounts from future settlements or suspend Services pending resolution. Hosts are responsible for chargebacks on Host Stripe accounts for End Customer transactions.

II.5 Refunds

Except where law requires otherwise, subscription fees and consumed credits are non-refundable. 3rdSpace may grant goodwill credits at its sole discretion. Human Services refunds follow the applicable SOW.

Annex III — Termination, Suspension, and Survival

III.1 Termination by Host

Hosts cancel subscriptions through Billing UI; Users delete Accounts through Account settings subject to Owner safeguards. Destructive Organization deletion requires Owner confirmation flows including typed confirmation of the Organization slug.

III.2 Termination by 3rdSpace

We may suspend or terminate immediately for AUP violations, fraud, payment default after dunning, legal process, or risk to the platform. We may terminate with notice for convenience on Free tiers or where no active Subscription exists.

III.3 Effect of Termination

Upon termination, licenses end, Metered Features stop, and data enters soft-delete or purge schedules. Amounts owed before termination remain due. Articles 18–19 (IP), 36–40 (disclaimers, liability, indemnity, arbitration), and payment obligations survive.

III.4 No Reputation Damages for Lawful Termination

3rdSpace is not liable for reputational harm arising from lawful suspension or termination based on documented violations.

Annex IV — Force Majeure and Service Changes

IV.1 Force Majeure

Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disasters, war, terrorism, labor disputes, government actions, Internet backbone failures, or third-party service outages, provided the affected party uses commercially reasonable efforts to resume performance.

IV.2 Service Changes

3rdSpace may modify, deprecate, or replace Tools, APIs, and UI flows. Material reductions to paid-tier Tools require notice under Article 4. Security patches and abuse-prevention changes may deploy without notice.

IV.3 Open Source and Third-Party Components

The Services may include open-source software subject to separate licenses presented in product documentation; those licenses govern the open-source components, not these Terms, to the extent of any conflict.

Annex V — Representations and Warranties by Host

You represent and warrant that: (a) you have authority to bind the Organization; (b) Host Content does not infringe third-party rights; (c) you will comply with applicable law; (d) you will not use the Services for high-risk activities where not supported (medical diagnosis, emergency services dispatch, credit reporting, etc.); (e) your End Customer data was collected lawfully; (f) you will maintain accurate billing contact and tax identifiers; (g) nonprofit claims are truthful and supported by documentation when verified; (h) affiliate and scraping activities comply with law; and (i) public performance and broadcast rights are secured where applicable.

Annex VI — Detailed Tool Compliance Notes (2026-05-19)

VI.CRM_(Customer_Tracki — CRM (Customer Tracking)

Wide-schema contact storage; Host is controller. Imports must be lawful. AI Booster demographic summaries are probabilistic, not credit or employment decisions.

Hosts operating CRM (Customer Tracking) agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

VI.SEO_&_GEO_Audit — SEO & GEO Audit

Own-site technical and content signals only; not a guarantee of rankings. Listing audits live in Business Profile Manager at higher levels.

Hosts operating SEO & GEO Audit agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

VI.QR_Code_Generator — QR Code Generator

Generates tracked short links; slugs must not impersonate third parties. Affiliate attribution may layer on Pro+ via Affiliate Marketing.

Hosts operating QR Code Generator agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

VI.Business_Profile_Man — Business Profile Manager

OAuth to Google Business Profile and other platforms may break if Host revokes access; Host maintains listing accuracy.

Hosts operating Business Profile Manager agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

VI.Review_Management — Review Management

AI-drafted replies require human approval before posting where configured; Host remains speaker on third-party platforms.

Hosts operating Review Management agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

Scheduled posts depend on platform APIs; 3rdSpace is not liable for takedowns or API policy changes.

Hosts operating Social Media Management agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

VI.Smart_TV_CMS — Smart TV CMS

Paired devices at /tv/ display Host-selected media; Host warrants rights to visual content and compliance with local indecent-content rules.

Hosts operating Smart TV CMS agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

VI.Staff_Scheduling — Staff Scheduling

Shift templates are not wage-and-hour advice; overtime and break rules are Host HR responsibilities.

Hosts operating Staff Scheduling agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

VI.Email_System — Email System

Pro+; draws unified credit pool; requires SPF/DKIM alignment on sending domains Host authenticates.

Hosts operating Email System agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

VI.SMS_System — SMS System

Pro+; A2P 10DLC registration delays possible; quiet hours enforced in product where configured.

Hosts operating SMS System agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

VI.Web_Scraper — Web Scraper

Unlimited only; robots.txt warnings; no authenticated targets; Host indemnifies 3rdSpace for scrape claims.

Hosts operating Web Scraper agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

VI.Affiliate_Marketing — Affiliate Marketing

Unlimited only; Stripe Connect payouts; 1099-K thresholds; Host payor of record; disclosure language fields provided as templates only.

Hosts operating Affiliate Marketing agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

VI.Demo_/_Sales_Mode — Demo / Sales Mode

Synthetic data; do not process live PCI or government ID images in demo contexts.

Hosts operating Demo / Sales Mode agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

VI.Trivia_Manager — Trivia Manager

Real-time sessions; prizes and gambling laws are Host responsibilities.

Hosts operating Trivia Manager agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

VI.Karaoke_Manager — Karaoke Manager

Queue display only; no audio/lyrics; PRO licenses are Host responsibilities.

Hosts operating Karaoke Manager agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

VI.Reservation_System — Reservation System

Deposit percentage fee on platform-collected deposits; balance paid offline untaxed by platform fee logic.

Hosts operating Reservation System agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

VI.Ticketing — Ticketing

Zero platform fees at launch; Host Stripe collects; amusement taxes Host-configured when tool supports.

Hosts operating Ticketing agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

VI.Event_Management — Event Management

Calendar and listing layer integrated with reservations and ticketing.

Hosts operating Event Management agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

Unlimited only; dynamic pricing requires customer-facing disclosures Host must publish.

Hosts operating Products & Menu agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

VI.Inventory_Manager — Inventory Manager

Operational quantities; POS integrations may lag at lower levels.

Hosts operating Inventory Manager agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

VI.Invoicing_&_Expenses — Invoicing & Expenses

Host-generated invoices; not 3rdSpace tax filing.

Hosts operating Invoicing & Expenses agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

VI.State_Tracker — State Tracker

Pipeline CRM for sales relationships; not a securities broker-dealer tool.

Hosts operating State Tracker agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

VI.Analytics_&_Reportin — Analytics & Reporting

Depends on data completeness Host supplies.

Hosts operating Analytics & Reporting agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

VI.Digital_Waiver — Digital Waiver

E-sign records; Host must meet E-SIGN/UETA; retention may exceed general audit logs.

Hosts operating Digital Waiver agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

VI.Lead_Capture_Forms — Lead Capture Forms

Public endpoints rate-limited; Turnstile and honeypot protections apply.

Hosts operating Lead Capture Forms agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

VI.Campaign_Management — Campaign Management

Orchestrates Email/SMS with scheduling; inherits all communications compliance.

Hosts operating Campaign Management agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

VI.Gift_Card_&_Loyalty — Gift Card & Loyalty

Stored value laws vary; escheat reporting is Host responsibility.

Hosts operating Gift Card & Loyalty agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

VI.Dashboard — Dashboard

Unlimited only; aggregated metrics definitions may change with notice.

Hosts operating Dashboard agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

VI.3rdSpace_App_Presenc — 3rdSpace App Presence

Unlimited only; prepares consumer-app inventory without launch guarantee.

Hosts operating 3rdSpace App Presence agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

VI.Platform_Feedback — Platform Feedback

Suggestions may be used to improve product without compensation.

Hosts operating Platform Feedback agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

VI.Media_Library — Media Library

Storage caps per tier; uploads must not contain malware or unlawful material.

Hosts operating Media Library agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

VI.Website_Services — Website Services

Human professional services; separate SOW and invoices.

Hosts operating Website Services agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

VI.Service_Requests — Service Requests

Ticketing for support, automation requests, and feature ideas; not an SLA contract unless SOW says so.

Hosts operating Service Requests agree that configuration choices (pricing, messaging content, scraping targets, affiliate commission rates, TV playlists, waiver text, and tax toggles) are Host decisions for which 3rdSpace provides software affordances only. 3rdSpace does not audit every Host configuration prior to use. We may remove or restrict configurations that create credible legal or security risk to 3rdSpace or third parties.

Annex VII — Arbitration and Litigation Reference (Expanded)

VII.1 Federal Arbitration Act

The Arbitration Agreement evidences a transaction in interstate commerce and is governed by the Federal Arbitration Act (9 U.S.C. §§ 1–16), notwithstanding Article 41.

VII.2 Batch Filings

If twenty-five (25) or more similar demands are asserted against 3rdSpace by related counsel or parties within ninety (90) days, the parties agree JAMS (or the forum) may batch or coordinate proceedings per its rules, and fees may be allocated equitably across the batch.

VII.3 Frivolous Claims

The arbitrator may award attorneys' fees and costs to the prevailing party where permitted by law and forum rules for frivolous claims or bad-faith conduct.

VII.4 Equitable Carve-Out Scope

Injunctive relief in court is limited to protection of confidential information, intellectual property, unauthorized access, or misuse of trade secrets — not ordinary billing disputes, which belong in arbitration.

VII.5 Time Limit to Bring Claims

To the extent permitted by law, any claim arising out of the Services must be filed within one (1) year after the claim accrued, or it is permanently barred, except where a longer period is non-waivable by statute.

Annex VIII — U.S. Export and Sanctions Compliance

Hosts may not use the Services to export technology or personal data in violation of U.S. export controls or sanctions programs. 3rdSpace may block access from comprehensively sanctioned countries or denied parties.

Annex IX — Government Requests and Legal Process

3rdSpace may disclose information when required by lawful subpoena, court order, or emergency request, and will notify the Host where permitted unless prohibited by law. Hosts should direct law enforcement inquiries about End Customers to the Host where the Host is controller.

Annex X — Beta Data and Migration

If 3rdSpace offers migration assistance or beta programs, data accuracy after migration is Host-verified. 3rdSpace is not liable for mapping errors Host approves. Backups during beta do not replace Host's own export obligations.