Agreement to Terms of Use

When you create a sharx account, you are acknowledging your acceptance of (i) these Terms of Use, (ii) our Privacy Policy, (iii) Safety Tips, and (iv) Community Guidelines, each of which is incorporated into this Agreement by reference, and any terms you agree to when purchasing additional app features, products, or services (collectively referred to as “this Agreement”). If you do not agree to all the terms of this Agreement, please refrain from using the app.

We reserve the right to make changes to this Agreement periodically. This may be done for various reasons, including legal requirements, new features, or changes in business practices. The latest version of this Agreement will be available within the app (accessible through the “Settings” section). If significant changes are made to your rights or obligations, we will notify you at least 30 days in advance (unless legally prevented) through reasonable means, which may include app notifications or email. By continuing to use the app after the changes take effect, you are agreeing to the revised Agreement.

Eligibility

You may only create an account or access and use the app and its systems if the following conditions are met:

– You are at least 18 years old.

– You agree to abide by this Agreement and all applicable local, state, national, and international laws, rules, and regulations.

– You have not been convicted of a felony, indictable offence, sex crime, or any crime involving violence or of similar severity.

Your account

To use sharx, you may sign in using your phone number. You are responsible for maintaining the confidentiality of your login credentials used for sharx. All activities under these credentials are your sole responsibility. If you suspect unauthorised access to your account, please contact us immediately through the Support option in the sidebar menu.

 App modification and termination

Sharx continuously strives to enhance its app, introducing new features or removing existing ones that may not materially affect your rights or obligations without prior notice. In certain circumstances, such as safety or security concerns, we may suspend the app, notifying you in advance when possible.

To terminate your account, you can follow the instructions under the “Settings” section in the app. If you use a third-party payment account like Apple’s App Store or Google Play Store, you will need to manage in-app purchases through that account to prevent additional billing. Sharx reserves the right to terminate your account at any time without notice if it believes you have violated this Agreement, and no refunds will be provided for purchases.

 Safety and interactions with other users

While sharx promotes respectful interactions through features like ride request acceptance/rejection, we are not responsible for the behavior of users on or off the app. You must exercise caution in all interactions with other users, especially when communicating or meeting in person. Sharing your financial information, such as credit card or bank account details, or sending money to other users is strictly prohibited.

You bear sole responsibility for your interactions with other users. Sharx does not conduct criminal background checks on users or investigate their background. Sharx makes no representations or warranties regarding user conduct or compatibility.

Rights granted by sharx

Sharx grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the app for the purpose of enjoying its intended benefits as described in this Agreement. This license and access authorisation are automatically revoked if you engage in any of the following:

– Use the app or its content for commercial purposes without our written consent.

– Copy, modify, transmit, create derivative works from, use, or reproduce copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content, or proprietary information available through the app without sharx’s prior written consent.

– Imply that your statements are endorsed by sharx.

– Employ any automatic or manual means to access, retrieve, index, mine data, or circumvent the app’s structure or presentation, including the use of robots, bots, spiders, crawlers, scrapers, site search/retrieval applications, proxies, or other devices or methods.

– Interfere with or disrupt the app or its connected servers or networks in any manner.

– Upload viruses, malicious code, or compromise the app’s security.

– Forge headers or manipulate identifiers to disguise information origin.

– “Frame” or “mirror” any part of the app without sharx written authorisation.

– Use meta tags, code, or devices containing references to sharx or its trademarks, trade names, service marks, logos, or slogans to direct individuals to other websites.

– Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or disassemble any portion of the app or encourage others to do so.

– Develop third-party applications that interact with the app or other users’ content or information without our written consent.

– Use, access, or publish the app’s application programming interface without our written consent.

– Probe, scan, or test the app or any system or network for vulnerabilities.

– Promote activities that contravene this Agreement.

Sharx may investigate and take legal action in response to unauthorised or illegal app use, including account termination.

Any software provided by sharx may automatically download and install upgrades, updates, or new features. You can adjust these automatic downloads in your device’s settings.

Your Granted Rights to sharx

By creating an account, you provide sharx with a global, transferable, sub-licensable, royalty-free, and extensive license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify, and distribute any information you post, upload, display, or otherwise share (“post”) on the app or transmit to other users (collectively referred to as “Content”). This license granted to sharx is non-exclusive, except when it comes to derivative works created using the app. For instance, sharx would have an exclusive license for screenshots of the app that include your Content. Additionally, to prevent the use of your Content outside of the app, you authorise sharx to act on your behalf regarding any infringing use of your Content by other users or third parties. This includes the authority (but not the obligation) to send notices on your behalf if your Content is used by third parties outside of the app. Our license to your Content is subject to your rights under applicable law (e.g., laws regarding personal data protection, if your Content contains personal information as defined by those laws) and is solely for the purpose of operating, developing, providing, improving the app, and conducting research for new features. You acknowledge that any Content you post or authorise us to post on the app may be viewed by other users and individuals participating in the app (including individuals who may receive shared Content from other sharx users).

You affirm that all information submitted during the creation of your account is accurate, truthful, and that you have the right to post the Content on the app and grant the aforementioned license to sharx.

You acknowledge and accept that we may monitor or review any Content you post on the app. We retain the right to delete any Content, either in part or in whole, that we, in our sole judgment, believe violates this Agreement or may harm the app’s reputation.

When communicating with our support representatives, you commit to being respectful and courteous. Should we deem your behavior towards any of our support representatives or other employees as threatening, harassing, or offensive, we retain the right to promptly terminate your account.

 As a consideration for using the app, you agree that sharx, its affiliates, and third-party partners may display advertising within the app. By submitting suggestions or feedback regarding our app to sharx, you grant sharx permission to use and share such feedback for any purpose without compensation.

Please be informed that sharx may access, store, and disclose your account information and Content when required by law, to fulfill our agreement with you, or in good faith belief that such access, storage, or disclosure serves a legitimate interest. This includes: (i) complying with legal processes, (ii) enforcing this Agreement, (iii) addressing claims of Content violating third-party rights, (iv) responding to your customer service requests, or (v) safeguarding the rights, property, or personal safety of sharx or any other person.

Community Rules

By using the app, you pledge not to:

– Use the app for any purpose that is illegal or forbidden by this Agreement.

– Employ the app for any harmful or malicious purpose.

– Use the app to cause damage to sharx.

– Engage in spamming, soliciting money, or defrauding other users.

– Impersonate any individual or entity or post images of another person without their permission.

– Engage in bullying, stalking, intimidation, assault, harassment, mistreatment, or defamation of any person.

– Post Content that violates or infringes on anyone’s rights, including rights of publicity, privacy, copyright, trademark, or other intellectual property or contract rights.

– Share Content that constitutes hate speech, threats, sexually explicit or pornographic material.

– Post Content that incites violence, contains nudity, or graphic or gratuitous violence.

– Share Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual.

– Request passwords or personal identifying information from other users for commercial or unlawful purposes or disclose another person’s personal information without their consent.

– Use another member’s account, share an account with another member, or maintain more than one account.

– Create a new account if your previous account has been terminated, unless you obtain our permission.

Sharx reserves the right to investigate and possibly terminate your account without issuing a refund for any purchases if you have violated this Agreement, misused the app, or engaged in behaviour that sharx deems inappropriate or unlawful, whether on or off the app. You can find more information in our community guidelines page

Content Posted by Other Users

While sharx retains the right to review and remove Content that violates this Agreement, the sole responsibility for such Content lies with the user who posts it. Sharx cannot guarantee that all Content will conform to this Agreement. If you come across Content on the app that violates this Agreement, please report it directly within the app or through our Support option accessible from the sidebar menu.

Purchases

In General: Periodically, sharx may offer products and services for purchase (“in-app purchases”) through authorised payment platforms such as the App Store, Google Play Store, or others designated by sharx. When you opt to make an in-app purchase, you will be prompted to confirm your purchase with the relevant payment provider. Your Payment Method (which could be a third-party account like the Google Play Store or App Store) will be charged for the selected service(s), including any applicable sales taxes, as displayed to you. By proceeding, you authorise sharx or the relevant third-party account to initiate the charge.

Auto-Renewal and automatic card payments: If you acquire a recurring subscription through an in-app purchase, your Payment Method will continue to be charged until you cancel it. After your initial subscription period ends, your subscription will automatically renew at the agreed-upon price unless canceled before the renewal date. Your card payment information will be stored and used for automatic card payments in accordance with the Agreement.

Any objections to a payment made should be directed to Support if sharx billed you directly or to the relevant third-party account, such as the App Store. You can also dispute the charge by contacting your bank or payment provider, who can provide more information on your rights and applicable time limits. You can withdraw your consent to automatic card payments at any time by visiting the relevant third-party account. Please note that you are still responsible for any outstanding amounts.

If you wish to modify or terminate your subscription, the easiest method is to log in to your third-party account and follow the instructions for cancellation, even if you have previously deleted your sharx account or the sharx application from your device. Deleting your sharx account or the app from your device does not cancel your subscription. Sharx will retain all funds charged to your Payment Method until you cancel your subscription on sharx or the third-party account, as applicable. Upon cancellation, you can continue using your subscription until the end of the current term, and it will not renew thereafter.

Ride Requests: You may have the option to purchase or earn a limited, personal, non-transferable, non-sublicensable, revocable license for using requests, which may include virtual products. The Virtual Item balance in your account does not represent a real-world balance or stored value but serves as a measurement of your license’s extent. Virtual Items do not incur fees for non-use; however, sharx reserves the right to charge fees for accessing or using Virtual Items. Sharx may manage, regulate, control, modify, or remove Virtual Items at its discretion. Sharx bears no liability to you or any third party for exercising these rights. Virtual Items can only be redeemed through the app, and all purchases and redemptions of Virtual Items are final and non-refundable. Provision of Virtual Items commences immediately upon your purchase acceptance. You acknowledge that sharx is not obligated to refund Virtual Items for any reason, and you will not receive compensation for unused Virtual Items if your account is closed, whether voluntarily or involuntarily.

Refunds: Generally, all charges for purchases are nonrefundable, and no refunds or credits are provided for partially used periods. Exceptions may apply based on the laws of your jurisdiction. To request a refund:

– For purchases made with your Apple ID, Apple handles refunds. Visit the App Store, select your Apple ID, click “Purchase history,” locate the transaction, and choose “Report Problem.” Alternatively, you can submit a request at https://getsupport.apple.com.

– For purchases made through your Google Play Store account or directly through sharx, please contact Support and provide your Google Play Store order number (found in the order confirmation email or by logging into Google Wallet).

– If you exercise your right of cancellation (where applicable, except for purchases made through your Apple ID, which is managed by Apple), we will refund all payments received from you without undue delay and within 14 days from receiving notice of your decision to cancel. The refund will be made using the same payment method as your initial transaction, and no fees will be charged to you as a result.

If you made a purchase through a payment platform not mentioned above, please request a refund directly from the third-party merchant you used for your purchase.

Pricing: Sharx operates globally, and pricing varies due to various factors. Promotional rates are frequently offered and can differ based on region, subscription duration, bundle size, and other factors. We also regularly test new features and payment options.

11. Notice and Procedure for Copyright Infringement Claims

If you believe your work has been copied and posted on the app in a way that constitutes copyright infringement, please contact Support.

When reaching out to us about alleged copyright infringement, please provide the following details:

– An electronic or physical signature of the authorised person acting on behalf of the copyright holder.

– A description of the copyrighted work you claim has been infringed.

– Information about where the allegedly infringing material is located on the app (sufficient for us to locate it).

– Your contact information, including address, telephone number, email address, and the identity of the copyright owner.

– A statement by you, under penalty of perjury, that you believe the disputed use is not authorised by the copyright owner, its agent, or the law, and that the information in your notice is accurate.

Sharx will terminate accounts of repeat infringers.

Disclaimers

Sharx offers the service on an “as is” and “as available” basis and, to the extent permitted by applicable law, provides no warranties of any kind, whether express, implied, statutory, or otherwise, regarding the service (including all content therein). This includes, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose, or non-infringement. Sharx does not guarantee that (A) the app will be uninterrupted, secure, or error-free, (B) any defects or errors in the app will be rectified, or (C) any content or information obtained through the app will be accurate.

Sharx does not assume responsibility for any content posted, sent, or received by you, another user, or a third party via the app. Any materials downloaded or obtained through app usage are done at your own discretion and risk.

Third-Party Services

The app may display advertisements and promotions provided by third parties and contain links to external websites or resources. Sharx does not control the availability (or unavailability) of such external sites or resources. When you choose to engage with third parties made accessible through our app, their terms and conditions will govern your interaction. Sharx is not liable or responsible for the actions or terms of such third parties.

Limitation of Liability

To the fullest extent allowed by applicable law, sharx, its affiliates, employees, licensors, or service providers shall not be liable for indirect, consequential, exemplary, incidental, special, punitive, or enhanced damages, including loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses. Such damages may arise from (I) your access to or use of the app, (II) the conduct or content of other users or third parties on, through, or following app usage, or (III) unauthorised access, use, or alteration of your content, even if sharx has been advised of the possibility of such damages. In no event shall sharx’s total liability for all claims relating to the app exceed the greater of the amount you paid (if any) to sharx for the app while you held an account.

Some jurisdictions do not permit the exclusion or limitation of specific damages, so certain exclusions and limitations in this section may not apply to you.

Indemnity by You

To the extent allowed by applicable law, you agree to indemnify, defend, and hold harmless sharx, our affiliates, and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, arising out of or relating to your access to or use of the app, your content, or your breach of this Agreement.

Entire Agreement; Other

This Agreement, comprising the Privacy Policy, Safety Tips, Community Guidelines, as well as any terms you agree to when purchasing additional features, products, or services on the app, constitutes the complete agreement between you and sharx regarding app usage. If any provision of this Agreement is found invalid, the remaining terms shall remain in full force and effect. The Company’s failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision. You acknowledge that your sharx account is non-transferable, and your rights to your account and its content terminate upon your passing. No agency, partnership, joint venture, fiduciary, or other special relationship or employment is established by this Agreement, and you may not represent or bind sharx in any manner.