End User License Agreement

Last Updated: 06-11-2024

1. THE APPLICATION

Shar ('Licensed Application') is the platform that will make you find all the goods you are looking for, without the need of buying them. It is a rental platform designed for connecting people from Everywhere to Everything, nearby or in a different country, today or by the time that best suit you. — and customised for iOS and Android mobile devices ('Devices'). It is used to If you are looking for an affordable and sustainable way to (re) use a variety of items, Shar does perfectly fit you! Here, you can rent a wide range of goods, from clothes, accessories, cameras, drones, sports equipment, garden tools, and other second-hand items from various brands, ALL in ONE place.

2. SCOPE OF LICENCE

2.1 License and Ownership Rights - Users may download and use the Shar app, but the license to use it, as well as all intellectual property rights related to the app, remain exclusively with Shar. Downloading or using the app does not grant the user any ownership or title to the software or its associated content, which are protected by intellectual property laws.

2.2 You may not reverse engineer, translate, disassemble, integrate, decompile, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Licensed Application, or any part thereof (except with SHARTT, LDA's prior written consent).2.3 You may not copy (excluding when expressly authorised by this licence and the Usage Rules) or alter the Licensed Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this licence, the Usage Rules, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorised third parties may gain access to these copies at any time. If you sell your Devices to a third party, you must remove the Licensed Application from the Devices before doing so.

2.4 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.

2.5 Licensor reserves the right to modify the terms and conditions of licensing.

2.6 Nothing in this licence should be interpreted to restrict third-party terms. When using the Licensed Application, You must ensure that You comply with applicable third-party terms and conditions.

3. TECHNICAL REQUIREMENTS

3. 1 The Licensed Application requires a firmware version 1.0.0 or higher. Licensor recommends using the latest version of the firmware.

3. 2 Licensor will keep the Licensed Application updated so that it complies with modified/new versions of the firmware and new hardware.

3. 3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Licensed Application satisfies the technical specifications mentioned above.

3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.

4. MAINTENANCE AND SUPPORT

4.1 The Licensor is solely responsible for providing any maintenance and support services for this Licensed Application. You can reach the Licensor at the email address listed in the App Store or Play Store Overview for this Licensed Application.

4.2 SHARTT, LDA and the End-User acknowledge that the Services have no obligation whatsoever to furnish any maintenance and support services with respect to the Licensed Application.

5. USE OF DATA

You acknowledge that the Licensor will have access to and may adjust your downloaded Licensed Application content and personal information, which will be securely stored in our databases and servers. The Licensor collects information including your first name, last name, email, phone number, date of birth, and address (optional). This data, including your email and phone number, is stored in our databases and managed by our authentication provider, Auth0. Additionally, we may share your first name, last name, email, and date of birth with Stripe to facilitate payment processing.

If you wish to delete your data or account, please contact us at support@shar-app.com. In the event of a lawful request by authorities or legal/accounting services, we may disclose the necessary information in compliance with legal obligations.

The Licensor will retain your personal information only as long as necessary for the purposes outlined in this agreement, or as required by applicable laws. Specifically:

• Payment-related data shared with Stripe will be retained as long as necessary to fulfill regulatory, tax, or accounting obligations.

• General personal data collected (such as name, email, date of birth, etc.) will be maintained in our databases until you request deletion or close your account, or as required for legitimate legal obligations.

• Technical data collected for service improvements will be retained in anonymized form, which does not personally identify you.

After the retention period has expired, your data will be securely deleted or anonymized in accordance with legal and industry standards.

Additionally, the Licensor may periodically collect and use technical data and related information about your device, system, application software, and peripherals to offer product support, facilitate software updates, and provide other services related to the Licensed Application. This information may also be used to improve Licensor's products and services, provided it does not personally identify you.

6. USER-GENERATED CONTRIBUTIONS

The Licensed Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Licensed Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, 'Contributions'). Contributions may be viewable by other users of the Licensed Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.

2. You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Licensed Application, and other users of the Licensed Application to use your Contributions in any manner contemplated by the Licensed Application and this Licence Agreement.

3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Licensed Application and this Licence Agreement.

4. Your Contributions are not false, inaccurate, or misleading.

5. Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).

7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

8. Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

9. Your Contributions do not violate any applicable law, regulation, or rule.

10. Your Contributions do not violate the privacy or publicity rights of any third party.

11. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.

12. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

13. Your Contributions do not otherwise violate, or link to material that violates, any provision of this Licence Agreement, or any applicable law or regulation.

Any use of the Licensed Application in violation of the foregoing violates this Licence Agreement and may result in, among other things, termination or suspension of your rights to use the Licensed Application.

7. CONTRIBUTION LICENCE

By posting your Contributions to any part of the Licensed Application or making Contributions accessible to the Licensed Application by linking your account from the Licensed Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorise sublicences of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Licensed Application. You are solely responsible for your Contributions to the Licensed Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to recategorise any Contributions to place them in more appropriate locations in the Licensed Application; and (3) to prescreen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

8. LIABILITY

8.1 The End User must ensure that the use of the Licensed Application complies with applicable law and does not infringe any third-party rights.

8.2 Shar assumes no responsibility for direct, indirect, incidental, consequential, or any other damages resulting from the use or inability to use the Licensed Application. Shar is not liable for actions, omissions, or conduct of any End User or third parties, including but not limited to issues related to listing, renting, exchanging, transporting, or returning items, as well as any communication or negotiation between End Users. Shar is also not responsible for the illegal use of items listed on the platform, nor for the illegal use of the application.

9. WARRANTY

9.1 Licensor warrants that the Licensed Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Licensed Application works as described in the user documentation.

9.2 No warranty is provided for the Licensed Application that is not executable on the device, that has been unauthorisedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of SHARTT, LDA's sphere of influence that affect the executability of the Licensed Application.

9.3 You are required to inspect the Licensed Application immediately after installing it and notify SHARTT, LDA about issues discovered without delay by email provided in Contact Information . The defect report will be taken into consideration and further investigated if it has been emailed within a period of seven (7) days after discovery.

9.4 If we confirm that the Licensed Application is defective, SHARTT, LDA reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.

9.5 In the event of any failure of the Licensed Application to conform to any applicable warranty, You may notify the Services Store Operator, and Your Licensed Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the Services Store Operator will have no other warranty obligation whatsoever with respect to the Licensed Application, and any other losses, claims, damages, liabilities, expenses, and costs attributable to any negligence to adhere to any warranty.

9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Licensed Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.

10. PRODUCT CLAIMS

SHARTT, LDA and the End-User acknowledge that SHARTT, LDA, and not the Services, is responsible for addressing any claims of the End-User or any third party relating to the Licensed Application or the End-User's possession and/or use of that Licensed Application, including, but not limited to:

• (i) product liability claims;

• (ii) any claim that the Licensed Application fails to conform to any applicable legal or regulatory requirement; and

• (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application's use of the HealthKit and HomeKit.

11. LEGAL COMPLIANCE

11.1 The End User declares and warrants that they are not located in a country subject to an embargo by the government of Portugal, nor have they been designated by the government of Portugal as a country that 'supports terrorism,' and that they are not included on any list of prohibited or restricted parties issued by the government of Portugal.

11.2 The End User declares and warrants that they are not involved in any activities related to money laundering and that all transactions carried out through the Licensed Application originate from legitimate and legal sources.

11.3 The End User agrees not to use Shar for illegal purposes or in violation of any applicable laws.

11.4 The End User undertakes to comply with all laws and regulations related to the prevention of money laundering and the financing of terrorism.

11.5 Shar reserves the right to investigate any suspicious activity and to take appropriate measures, including but not limited to notifying the relevant authorities and/or terminating the End User's account if there are indications of involvement in money laundering activities, financing of terrorism, or other illegal activities.

12. CONTACT INFORMATION

For general inquiries, complaints, questions or claims concerning the Licensed Application, please contact:

Portugal

support@shar-app.com

13. TERMINATION

The licence is valid until terminated by SHARTT, LDA or by You. Your rights under this licence will terminate automatically and without notice from SHARTT, LDA if You fail to adhere to any term(s) of this licence. Upon Licence termination, You shall stop all use of the Licensed Application, and destroy all copies, full or partial, of the Licensed Application.

14. THIRD-PARTY TERMS OF AGREEMENTS AND BENEFICIARY

SHARTT, LDA represents and warrants that SHARTT, LDA will comply with applicable third-party terms of agreement when using Licensed Application.

In Accordance with Section 9 of the 'Instructions for Minimum Terms of Developer's End-User Licence Agreement', both Apple and Google and their subsidiaries shall be third-party beneficiaries of this End User Licence Agreement and — upon Your acceptance of the terms and conditions of this Licence Agreement, both Apple and Google will have the right (and will be deemed to have accepted the right) to enforce this End User Licence Agreement against You as a third-party beneficiary thereof.

15. INTELLECTUAL PROPERTY RIGHTS

SHARTT, LDA and the End-User acknowledge that, in the event of any third-party claim that the Licensed Application or the End-User's possession and use of that Licensed Application infringes on the third party's intellectual property rights, SHARTT, LDA, and not the Services, will be solely responsible for the investigation, defence, settlement, and discharge or any such intellectual property infringement claims.

16. APPLICABLE LAW

This Licence Agreement is governed by the laws of Portugal excluding its conflicts of law rules.

17. MISCELLANEOUS

17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.

17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.