TERMS AND CONDITIONS OF THE SHARE.P APPLICATION

Platform and operator description

1. "Share.P" and "sharep.io" means ShareP AG, a joint stock company incorporated under the laws of Switzerland with its registered office at: Apfelbaumstrasse 45, 8050 Zurich, Switzerland, and registered with the Zurich Chamber of Commerce under number CHE-458.596.730, and group companies depending on the country in which the operated site is located. In Poland, the group's interests are represented by ShareP Poland P.S.A. (“prosta spółka akcyjna”), incorporated under the laws of Poland, with its registered office at Hubska 52, 50-502 Wrocław, Poland, registered under the following numbers: KRS: 0000933251, NIP: 8943176679, REGON: 520473552 (contact number: +48 227774141, e-mail: support@sharep.io).
   "Platform" means website and application, where registered persons (hereinafter referred to as "Users"; the masculine forms have been used only for greater readability, and may apply to persons of any gender) can offer, search for, and share parking spaces for cars, motorcycles, and bicycles (hereinafter referred to as "Parking Spaces") on terms defined by themselves, as well as enter into short-term or long-term parking space rental agreements and settle access to Charging Points for electric vehicles (hereinafter "Charging Points"). In various scenarios, Users who offer Parking Spaces or Charging Points for rent are further referred to as "Lessors" while Users seeking and renting Parking Spaces or Charging Points are further referred to as "Renters".
2. Share.P provides solutions for owners and managers of Parking Spaces (hereinafter referred to as the "Service") to manage and rent Parking Spaces and Charging Points, consisting of software and infrastructure elements installed in parking facilities. Share.P is not the owner, provider or manager of Parking Spaces. It also does not act as a representative of Lessors or Renters. Share.P is not a party to the rent agreement between the Lessor and the Renter.
3. Registration on the Share.P Platform does not provide any guarantee that the Lessor will be able to successfully rent his Parking Space or any guarantee that the Renter will actually find and rent a Parking Space. Information about Parking Spaces and Users' data displayed on the Platform does not belong to Share.P, it only reflects content submitted by Users, the publication of which these Users agree to.

Application and changes to these Terms and Conditions of Use

1. These Terms and Conditions of the Share.P Platform and application (hereinafter "Terms and Conditions" or "Terms of Use") govern the rights and obligations between Share.P and Users regarding the use of the Platform. By registering on the Platform, the User agrees to the conditions set forth in these hTerms of Use and thereby enters into an Agreement with Share.P (hereinafter referred to as the "Agreement" or "User Agreement"), as set forth in the Terms of Use. The User assumes responsibility for reading, understanding and accepting these rules before registering. These Terms and Conditions are deemed to have been read, understood and accepted by each User who has registered on the Share.P Platform.
2. The Terms and Conditions do not preclude the conclusion of separate agreements (hereinafter: the "Individual Agreement") between Share.P (or a subsidiary of ShareP appropriate for a given market) and Users, in order to clarify the terms of cooperation in the sharing or offering Parking Spaces or Charging Points by a User for rent via the Platform. In situations where the provisions of the Terms and Conditions conflict with the provisions of the Individual Agreement, the provisions of the Individual Agreement shall prevail in the relationship between Share.P and the User in question.
3. If any provision of these Terms and Conditions is or becomes invalid, this shall not affect the validity of the remaining Terms and Conditions. The invalid provision will be replaced by a corresponding provision that comes as close as possible to the purpose intended by the invalid provision. The same applies to any gaps in the Terms of Use.
4. Share.P may amend these Terms and Conditions at any time. Registered Users will be notified of any changes via the Platform 30 days in advance. Changes shall be deemed accepted by and binding upon Users if they do not delete their User account within 30 days from the date of notification (subject to the notice period indicated in Article 14 of the Terms and Conditions).

Registration of a User account and exchange of electronic money

1. Use of the Share.P Platform requires registration of a User account. Registration is allowed only for natural persons, who are at least 18 years old and have legal capacity, or legal entities. Upon completion of the account registration process, an Agreement is concluded between the registered entity and Share.P, the subject of which is the possibility to use the Platform under the rules specified in the Terms of Use.
2. The information required for User registration must always be complete and correct, for which the User takes responsibility. In case of changes in the required information, the User is obliged to immediately adjust this information in his/her User account on the Platform. In the case of changes that cannot be made on their own, the User is obliged to inform Share.P of these changes via email to support@sharep.io.
3. In order to fully use the Platform, each User is required to complete a full registration. By completing the registration process in the User's profile, the virtual wallet (hereinafter referred to as the "Wallet") will be automatically created. The company operating recharging the Wallet is, as of the effective date of the Terms of Use Stripe Payments Europe, Limited, 1 Grand Canal Street Lower, Grand Canal Dock, Dublin D02 H210, Ireland. The Terms and Conditions of Stripe Payments Europe shall be deemed to have been read, understood and accepted by the User who has registered on the Share.P Platform.

Rental agreement

1. The availability of Parking Spaces is variable and updated in real time. Information regarding the availability of spaces for a given parking lot can be checked in the Share.P mobile application or on the website: https://no-app.sharep.io.
2. Creating temporary access, or in the case of a reservation with prepayment, both creating and paying for such access through the Platform, constitutes the Renter's conclusion of a rental agreement. This action also represents the Lessor's grant of the right to use the Lessor's Parking Space or Charging Point to the Renter for the rental period agreed upon via the Platform, in accordance with the Terms of Use. Parking fee and any costs associated with the charging of an electric vehicle are billed automatically according to the price list available in the description of the respective parking lot on the Platform.
3. The Renter's right to use the Parking Space and Charging Point mentioned in Article 4.1. is limited to using them in accordance with their primary purpose, i.e. parking of the vehicle designated by the Renter via the Platform or charging the battery of an electric vehicle. Any other use of the Parking Space and Charging Point is excluded. The Renter is specifically prohibited from:
   1. Carrying out vehicle repairs at the Parking Space;
   2. Storing any materials or objects not related to the vehicle;
   3. Using the Parking Space for commercial or advertising purposes;

Rental fee, Commission and payment processing

1. No fee will be charged to Users for using the Platform as a Renter (applies to the mobile application and website). The rental fee collected from the Renter automatically through the Platform or paid by the Renter in any other form will be transferred to the Lessor less the fee for the Service ("Commission"), as compensation to Share.P for enabling the execution of the rental agreement through the Platform. The amount and settlement method of the Commission will be determined at the time of signing the Individual Agreement between Share.P and the Lessor.
2. The rental fee for Parking Places or Charging Points is based on the current price list shown next to the description of the respective Parking Space on the Platform, and depends on a number of factors, including the length of the rental period. The rental fee for Parking Space is charged to the User regardless of whether the User has actually used the Parking Space. Failure to use the Parking Space by the Renter during the period paid for by the Renter shall not be grounds for cancellation of the rental agreement or for any refund of the rental fee charged.
3. The purchase of the service grants immediate access to the parking lot at the specified time and location, in accordance with the placed order. A confirmation of the reservation and access details are sent via email and are also available in the Share.P application under the "Reservations" tab.
4. The fee for renting Parking Spaces or Charging Points is based on the current price list displayed in the description of the specific parking lot on the Platform, allowing the User to verify it prior to placing an order. The rental price depends on several factors, including the length of the rental period, access to EV charging stations, etc. In the case of a reservation, the total fee due for the selected parking time is displayed upon the order confirmation.
5. Upon the User's request, an invoice for the rental of a Parking Space will be issued. For Users of the Share.P mobile application, a request for an invoice can be made in the "Virtual Wallet" section by selecting the "Invoice" option. For orders placed via the website, a request should be sent to the email address: support@sharep.io. The request must include the reservation ID, the name or company name, the residential or company address, and the VAT identification number (NIP) in the case of a company.

Order Placement Process via the Share.P Mobile Application or Website

1. Placing an order requires:
   1. Registration of a User account (applicable only for the mobile application),
   2. Depositing funds into the "Virtual Wallet" (applicable only for the mobile application).
2. To place an order, the User:
   1. Selects a location (parking lot) where they wish to park, either via the mobile application or the website at https://no-app.sharep.io.
   2. Chooses the duration of the Parking Space rental and the type of rental (parking space reservation, subscription, digital ticket).
   3. Confirms the order.
   4. Makes payment using one of the available methods (only for orders placed via the website). For orders placed via the mobile application, funds are automatically deducted from the "Virtual Wallet."
3. After payment, the User receives:
   1. A notification in the application (applicable only for the mobile application),
   2. An email confirmation with details of the purchase, including the User's name, amount, location, license plate number, and validity period.
4. The User is granted access to the parking lot for the time specified by the User.

Right of Withdrawal from the Agreement

1. A User who is a consumer has the right to withdraw from a distance contract within 14 days from the date of its conclusion, without providing any reason, in accordance with the provisions of the Consumer Rights Act (Polish: “Ustawa o prawach konsumenta”).
2. The right to withdraw from the agreement does not apply to services that have been fully performed, with the explicit consent of the consumer, prior to the expiry of the withdrawal period (e.g., a parking space reservation).
3. To exercise the right of withdrawal, the User must send a withdrawal statement to the email address: support@sharep.io. The statement should include information such as the User's name, reservation location, date of withdrawal, a detailed description of the situation, and, if possible, attach supporting documentation (e.g., photos, recordings, or other evidence confirming the situation).
4. In the event of a valid withdrawal from the agreement, Share.P shall refund the User all payments made within 14 days from the date of receiving the withdrawal statement. The refund will be processed using the same payment method used by the User, unless the User explicitly agrees to a different refund method

Complaints

1. Complaints regarding the functioning of the Platform, reservation execution, or payments can be submitted via email to: support@sharep.io. The complaint should include: the User's full name, contact details (e.g., email address, phone number), a detailed description of the issue or claim, the date the issue occurred, and, if possible, evidence supporting the reported problem (e.g., screenshots, payment confirmations).
2. Share.P reviews complaints within 14 business days from the date of receipt. If additional clarification or actions are required to resolve the complaint, the User will be informed within the specified timeframe.
3. If the complaint is deemed justified, Share.P will take actions to resolve the issue, including refunds or compensation if the problem resulted from the fault of Share.P or its partners.

Cancellation and breach of rental agreement

1. Cancellation of the rental agreement within 24 hours prior to the beginning of the agreed rental period, regardless of whether the cancellation is made by the Renter or the Lessor, will result in a refund of the rental fee to the Renter's Wallet. In the case of cancellation at later than 24 hours before the start of the rental period, the rental fee is non-refundable, unless the Lessor decides otherwise in consultation with Share.P.
2. In the situation that a particular Parking Space has cancellation conditions different from those described in Article 6.1, a detailed description of such conditions will be found on the Platform in the description of the parking lot where the Parking Space is located.
3. If the Renter parks his/her vehicle in Parking Space outside of the rental period paid by him/her, the Lessor shall have the right to remove the vehicle from Parking Space or, at the Renter's expense, have it removed by a company of his/her choice. The Renter will be charged for additional time of unlawful use of Parking Space Parking Space. Any other claims of the Lessor against Share.P due to the described case are excluded.
4. For each case when a User parks a vehicle in a Parking Space beyond the rental period paid for by the User, Share.P has the right to impose a one-time contractual penalty on such User for violation of the Terms of Use. The maximum amount of the penalty depends on the country in which the Parking Space is located and is as follows:
   • Austria - EUR 80
   • Germany - EUR 80
   • Poland - 100 PLN
   • Switzerland - CHF 100
5. In the event that the Renter cannot use the rented Parking Space during the paid rental period due to another vehicle parked there:
   • The Renter will receive a full refund of the rental fee for that day, calculated proportionally to the total fee for the entire rental period;
   • Share.P will provide active support to the Renter in terms of renting a substitute Parking Space in the same location, if such is available.
   Any further claims of the Renter against Share.P and the Lessor are hereby excluded.
6. If the User proves that another User has damaged the Parking Space or vehicle belonging to the User, the User may make a complaint to the email address support@sharep.io. Share.P will endeavor to mediate and find the most favorable solution to the situation. Any further obligation or liability of Share.P is hereby excluded.

Duties and Responsibilities of Users

1. Each User is responsible for the security and protection of his/her login password on the Platform. Each User is responsible for all content sent through his/her User account, information transmitted, transactions made, rental agreements executed, contractual performance of rental agreements executed, damages in connection with the execution of such rental agreements, communications and other acts and omissions.
2. Each User is obliged to act in good faith when using the Platform. In particular, each User undertakes to:
   • Send and submit to the Share.P Platform only offers and proposals that are serious, described to the best of your knowledge and belief, up-to-date and in accordance with the law;
   • Send only content (text, photographs, images, video ) that is factual and up-to-date and does not violate any laws or third-party rights (including intellectual property rights) ;
3. Any User who uses the listings and data, including but not limited to names, addresses and images of properties, on the Share.P Platform will do so solely for the purpose of searching for and renting Parking Spaces or Charging Points on the Share.P Platform. Any use for other purposes is prohibited. Users are specifically prohibited from:
   • Transfering information to third-parties;
   • Using information for advertising purposes;
   • Using information for harassment or other illegal purposes.
4. Users are prohibited from copying, damaging, tampering, hacking, impairing or decrypting the Share.P Platform.

Lessor's duties and responsibilities

1. Each Lessor should provide only true and accurate information regarding the address, availability and size of Parking Place, as well as additional facilities available at a given parking lot;
2. Each Lessor is responsible for ensuring that renting or subletting the Parking Space through the Share.P Platform is a legal act, i.e., permitted by applicable law and not infringing the rights of third parties. If the Parking Space is not owned by the Lessor, the Lessor declares that they have the right to dispose of the Parking Space to the extent required to offer it for rent through the Platform and to use the Share.P Service. In cases of doubt, Share.P reserves the right to request additional statements or documents from the Lessor.
3. Each Lessor shall comply with existing obligations under applicable laws to properly report income related to the rental of Parking Spaces through the Share.P Platform to the relevant government authorities and to pay the taxes due. Share.P does not assume any responsibility for advising, calculating, reporting, or paying taxes due by Users resulting from transactions made through the Platform. Share.P is not responsible for any omissions or errors of the Lessors in complying with their tax obligations.
4. Each Lessor shall be liable for any damage caused to Renter as a result of false, inaccurate or misleading information about the parking lot and the Parking Space itself being published on the Platform. Any claims against Share.P are excluded on this account.

Duties and Responsibilities of the Renter

1. The condition for the settlement of the rental is that the Renter has the appropriate amount in the Wallet on the Share.P Platform.
2. In order to use the rented Parking Space or Charging Point, the Renter's cell phone must have an Internet connection and geolocation capability.
3. Each Renter is obliged to leave the rented Parking Space or Charging Point in the as-is condition, i.e. clean and undamaged. It is forbidden for the Renter to leave any items in the Parking Space after the end of the rental period. Each Renter shall be responsible for any damage caused in the parking lot or garage, and any damage should be immediately reported to Share.P via the hotline or by email at support@sharep.io. The damage is subject to full financial compensation by the Renter to the Lessor.
4. Each Renter is required to have valid third party insurance of the vehicle he parks in the Parking Spaces rented or shared through the Share.P Platform.

Responsibilities of Share.P

1. Share.P undertakes to provide remote assistance via e-mail support@sharep.io on business days (Monday through Friday, except public holidays) and at ShareP AG's headquarters, from 8:00 a.m. to 6:00 p.m., with a response time of up to 4 hours during a given business day.

Data protection

1. Share.P collects and processes personal data on a confidential basis, in accordance with the regulations in force in the European Union and the Swiss Confederation, i.e. the General Data Protection Regulation (GDPR) and the Federal Act on Data Protection (FADP).
2. The administrator of the personal data of Users of the Platform is ShareP AG with its registered office at: Apfelbaumstrasse 45, 8050 Zurich, Switzerland. Contact details of the Administrator: privacy@sharep.io, tel. +41 445 91 60 11.
3. Personal data is processed for:
   • Implementation of services on the basis of the Terms of Use and the Individual Agreement concluded between the User and Share.P;
   • Communication with Users on matters related to the operation of the Platform;
   • marketing purposes, as long as the User agrees;
4. The legal basis for processing personal data is:
   • The necessity of processing for the performance of the Agreement;
   • Processing based on consent;
   • The legitimate interest of the administrator;
5. The User has the right to:
   • Access to their personal data;
   • rectify the data if it is incorrect or incomplete;
   • to object to the collection and processing of data and to withdraw consent to the storage and processing of data at any time, without affecting the lawfulness of processing carried out on the basis of consent before its withdrawal;
6. Personal data will be kept for the period necessary to fulfill the purposes for which they were collected, and after that period for the time required by law.
7. If the Lessor and Renter enter into a rental agreement through the Share.P platform, the personal information from the rental agreement will be disclosed to the other party to the respective agreement.
8. In order to provide services, Share.P engages selected third-party companies that have access to personal data provided by Users (including payment, hosting providers, IT services). Share.P undertakes to maintain confidentiality when transferring data to third-party companies involved in the provision of services and to take measures to protect personal data, and to prohibit them from using it for their own purposes.
9. Each User who registers on the Platform, and therefore accepts these Terms and Conditions, agrees to the collection, processing and disclosure of their personal data according to the provisions of Terms and Conditions .
10. Requests for information on the collection and processing of personal data or correction of data should be sent to the following e-mail address: support@sharep.io.

Intellectual property

1. The Share.P platform, its design, the software contained therein, the content, marks and other data contained therein are the intellectual property of Share.P or third parties, protected by copyright, trademark law or other rights. This intellectual property may only be used to broker short-term and long-term Parking Space rentals. Any other use is prohibited.
2. Each User has the right to access and change the content posted by him/her on the Share.P Platform (text, photo, image, video or audio). Each User is aware that other users may have access to this content. Because the content is available online, it can be easily copied and remains archived even after it is removed from the Share.P Platform. Each User grants Share.P an indefinite license to use the uploaded content on the Share.P Platform to fulfill its obligations under the Terms and Conditions and the Individual Agreement.

Liability and compensation

1. The listings of Lessors and Renters posted on the Share.P platform come from Users and not from Share.P. Share.P does not control all content posted on the platform. Share.P therefore cannot assume responsibility for the listings and inquiries and the content contained therein, and in particular that the listings and inquiries are truthful, truthfully described, up-to-date, and that Users comply with their obligations under these Terms of Use. The individual Users are solely responsible for this. Share.P has the right to delete information and content submitted by Users whenever there is a suspicion of violation of statutory provisions, third party rights or the Terms of Use. In case of such actions, Share.P has the right to exclude individual Users from using the Share.P Platform and delete their User account.
2. Share.P has the right to disclose Users' data to government officials in the countries where Share.P services are offered, if there are indications of a violation of applicable law or third party rights by the User in question, or if a government authority makes a corresponding request.
3. The parties to the rental agreements made through the Share.P platform are the Lessor and the Renter. Share.P is not a party to the concluded rental agreements, and as such, Share.P cannot be held responsible for actions or omissions related to the rental agreements. The responsibility for these lies solely with the Lessors and Renters. Each User is responsible for all actions and omissions within the scope of rental agreements made through their User account. Share.P does not participate in resolving disputes related to rentals between Lessors and Renters, except for actions undertaken in accordance with the provisions of Article 6 of these Terms of Use.
4. Share.P shall make every effort to ensure the uninterrupted operation of the Share.P Platform, but is not responsible for the correct functioning of the network connection and geolocation of the User's cell phone needed to locate a Parking Space and open a parking lot barrier.
5. Share.P commits to applying appropriate technical and organizational measures to ensure the security of personal data processing. However, it should be understood that data transmission over the Internet may involve risks that cannot be completely eliminated. The transmission of data and content by the User is carried out with an awareness of this risk. Share.P is not responsible for breaches of personal data security that result from events independent of the implemented security measures (e.g., hacker attacks), unless the breach is due to intentional actions or gross negligence of Share.P.
6. If Users, Homeowners' Associations, garage or parking lot owners, local or state authorities, or third parties make claims against Share.P due to rental agreements concluded, Users' behavior, or content posted by them through the Share.P Platform, the Users responsible for the aforementioned actions are obligated to cover the financial losses due to all fines, compensations, and costs (including legal and attorney fees) incurred by Share.P. In the pursuit of such claims, Share.P has the right to disclose the identity of the responsible User.

Duration of the Agreement

1. The User may terminate the Agreement with Share.P at any time subject to a notice period of 14 days by email notification and deletion of his/her User account on the Platform.
2. Share.P may terminate the Agreement with the User at any time subject to a 14-day notice period through a message sent via the Platform.
3. If the User violates the provisions of the Terms of Use, Share.P may terminate the User Agreement at any time with immediate effect by notifying the User by sending a message to the phone number provided by the User on the Platform and preventing further access to the Platform.
4. Upon termination of the Agreement by the User or Share.P, all rental agreements for Parking Spaces and Charging Points entered into by the User in his/her capacity as Lessor or Renter, will be:
   • Terminated at the expiration of the notice period and settled for the actual time they were in effect (in the case of rental agreements that were to end after the notice period);
   • Terminated at the moment of notice and settled for the actual time they were in effect (in the case of immediate termination and ongoing rental agreements);
   • Cancelled (in the case of rental agreements that were to start after the notice period or after immediate termination);
   Any claims by Renters or Lessors against Share.P for premature termination or cancellation of rental agreements are excluded.
5. Termination of the Share.P Agreement does not cause to delete all of the User's personal data, as they are retained in accordance with statutory retention and documentation obligations for as long as claims can be asserted against another User under the User Agreement or under a rental agreement. As soon as this personal data is no longer needed for the aforementioned purposes, it is deleted or anonymized as a matter of principle and as far as possible.

Applicable law and jurisdiction of courts

1. Any disputes arising in connection with the use of the Share.P Platform between Share.P and a current or former User shall be governed by the laws of the country in which the Service was provided to the User and shall be resolved by a court of competent jurisdiction in the place where the Service was provided.
2. In cases where a dispute does not directly relate to the performance or nature of the Service, but to other aspects of ShareP AG's business, such disputes shall be resolved by the court of competent jurisdiction of the place where Share.P AG has its registered office (Canton of Zurich, Switzerland). The foregoing rules of jurisdiction and applicable law shall apply without prejudice to the applicable provisions of private international law and any applicable provisions of international agreements.