This Terms of Use describes the rules and general conditions applicable to the use of Rentbrella’s Umbrellas Sharing System, which should be read carefully and accepted by users at registration.

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1 . Rentbrella’s System. 

1.1 . The Rentbrella’s Umbrella Sharing System ("System") is made available and operated by company RENTBRELLA LLC, located at South Dupont Highway, 3500, Dover, 19901, and its subsidiaries, affiliates, related companies and its parent company ("Affiliates"), jointly referred to as "RENTBRELLA", and liable for the storage and management of the User’s Database ("Database").

 

1.2 . The System comprises a technological device of umbrella sharing stations, internet website, service channels, applications, and software to ensure the performance of the operation. For use of the System, firstly the User shall download and register in the "Rentbrella” application ("APP"), available for Android or iOS. In turn, the User shall register a valid credit card, so that he/she can use the service.

 

1.3 . To pick up the umbrella at any of the stations, the user shall perform the procedure indicated in the application, thus doing the following: (i) "I want an umbrella" button; (ii) scan the station’s QR Code and (iii) insert the token into the station screen. After inserting the token, the user has 15 (fifteen) seconds to remove the umbrella in the position indicated by the lighting.

          1.3.1. After the token has been inserted, the pick-up of the umbrella is considered to have been carried out.

          1.3.2. To return the umbrella, the user searches for the nearest station and performs the procedure indicated in the application, which consists of: (i) push the "return umbrella" button; (ii) scan the station’s QR Code (iii) insert the token into the station screen and (iv) scan the station's QR Code After inserting the token, the user has 15 seconds to return the umbrella in the position indicated by the lighting, and the final reading of the station's QR code is required for confirmation of the return.

 

1.4 . On its interest and its convenience, the RENTBRELLA company can change, modify, expand, and extinguish the system, at its sole discretion.

          1.4.1. In any of these cases, the user ("User") of the system will be informed by the APP, available for mobile phone.

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2 . Registration. 

2.1 . The person interested in the use of the System shall register in the APP, by completing an electronic form, the insertion of his/her personal data ("Data"), the registration of a valid and authorized credit card, and its "acceptance", by means of a click, in the conditions of this Terms of Use ("Term of Use").

 

2.2 . When registering, the User shall register a personal and non-transferable password, for future access to the APP. As a security measure, the User shall remember his/her password and keep it confidential, without informing it to third parties.

          2.2.1. RENTBRELLA is not liable for the unauthorized use of the password by third parties. In cases which the user becomes aware of the unauthorized use of his/her password by third parties or breach of security, the user agrees to immediately notify RENTBRELLA, which will take the appropriate measures in the case and inform the user about possible measures to be taken by him/her.

 

2.3 . By accepting the conditions of this Terms of Use, the User adheres and agrees to the terms and conditions set forth, subject to the rules provided for herein immediately.

          2.3.1. This Terms of Use establishes, between RENTBRELLA and the User, a lease relationship of movable property under the Articles 565 to 578 of the Brazilian Civil Code.

          2.3.2. By accepting the conditions of this Terms of Use, the User assures to do so in full use of his/her sound mind and without the presence of any defect, and by his/her own free and spontaneous will.

 

2.4 . To use the Services, the User shall register and keep personal registration of the user of the Services ("Account"). The user must be at least 18 (eighteen) years lawful age or the age required by law in his/her jurisdiction (if it is different from 18 years of age), to make the registration. The Service is not available for use by individuals under 18 years of age for the Brazilian jurisdiction.

2.4.1. The use shall not authorize third parties to use his/her Account, nor shall allow persons under the age of 18 to remove umbrellas as a lease, unless they are accompanied by him/her. 

2.4.2. RENTBRELLA is not liable for the User's failure to comply with the provisions in clause 2.4.

 

2.5 . By entering his/her personal data in the APP, the User expressly accepts and consents that his/her Data are collected and stored in the RENTBRELLA’s Database, which is allowed to use it with any third parties, partners, companies in the group, as it deems relevant, subject to the provisions of objective good faith. 

 

2.6 . The User shall provide true, up-to-date, and complete Data, and is solely liable for the veracity of the information and its updating, when necessary. In this way, RENTBRELLA is exempt from any liability related to any misrepresentation or outdated information provided by the User.

 

2.7 . If the Data provided are found to be false, RENTBRELLA should temporarily suspend the User's right to use the System, until the situation is rectified, as well as implement other measures.

 

2.8 . The User authorizes RENTBRELLA to use the collected Data also to: (i) identification and communication with the User by telephone call, e-mail, direct mail, push messaging system, electronic message (sms) and/or other means of communication; (ii) optimize the usability and access to information by Users, during access and browsing the WEBSITE or APP (iii) carry out research and prepare general statistics on the performance of the system; (iv) carry out communication and guidance campaigns on RENTBRELLA, clients and partners.; (v) inform about new services and products that should be accessed by them and (vi) perform propaganda and advertisements.

          2.8.1. At any time the User should request to cancel the sending of messages through the settings of his/her mobile phone.

 

2.9 . The User acknowledges that the Terms of Use and different privacy policies should apply to the use of these services. In addition, Apple Inc., Google, Inc., Microsoft Corporation or BlackBerry Limited and/or their international subsidiaries and affiliates shall be third parties beneficiary (ies) to this Agreement if User accesses the Services using apps developed for mobile devices based on Apple iOS, Android, Microsoft Windows, or Blackberry, respectively. These third party (ies) beneficiary(ies) are not parties to this Agreement and are not liable for the rendering of the Services or for any form of support for the Services. The User's access to the Services using these devices is subject to the conditions set forth in the terms of the services of the respective third party (ies) beneficiary(ies).

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3 . Use of the System

3.1 After registering in the APP, the User should use the following services:

          a) registration and updating of personal data;

          b) access to the APP System, exclusively as a user;

          c) consultations of leases and fines charged for non-compliance with the provisions of this instrument;

          d) location of umbrella sharing stations, installed in private or public places, from which the umbrellas can be picked up, under a lease system, and later returned ("Stations");

          e) consultation of the hours period/use of the umbrella taken from the "Stations";

          f) consultation of availability of umbrellas in each of the Stations and spaces for the return of umbrellas to the Stations.

          g) The umbrella lease System, including the Stations and APP, will be available to the User at the period of time during business hours, every day of the week, except in some places in which the stations will have operation hours subject to the operation of the place where they are installed.

 

3.2 . The System's operating hours should change due to possible needs, such as systemic updates.

 

3.3 . The System's operating hours should undergo interventions for reasons beyond the will of RENTBRELLA., among them, fortuitous and/or force majeure, maintenance of Stations or equipment, maintenance of servers, infrastructure services, possible problems related to the network or temporary unavailability of access.

 

3.4 . RENTBRELLA is not liable for any systemic interruptions and unavailability, regardless of their origin.

          3.4.1. In the cases described above in this clause the User should report the problem found in the station in the tab "Help" in the APP, so that the any problem shall be evaluated by RENTBRELLA..

 

3.5 . RENTBRELLA company is not liable for the shortage of umbrellas in the stations at the time the User wishes to make the rental.

 

3.6 . For use of the System, the User shall provide the name, CPF [taxpayer identification], number, expiration date and security code of a valid and authorized credit card, to be used for charging in the cases provided for in clause 3.10.1.

 

3.7 . The User's credit card details shall be stored by the service provider in  charge for the financial transaction, which shall verify the identity to charge the amounts, monitor fraud, manage any situations before, during and after the period of use and protect the privacy of consumers’ credit card.

 

3.8 . After registering in the APP, the User shall use the System by going to one of the Stations, accessing the APP and following the instructions contained therein.

          3.8.1. RENTBRELLA is not liable for the lack of access of users to the stations, since the stations are in private places, possibly with restricted access, so that the rules of the place shall be respected by the user. Thus, RENTBRELLA disclaims any responsibility for preventing the User from accessing a certain station(s).

 

3.9 . The user shall only lease 1 (one) umbrella at a time. To pick up one umbrella, user shall not possess no  other umbrella of RENTBRELLA, unless the User informs by the APP that he/she will not return the first umbrella or on closing the maximum period for returning the umbrella, applying the cost of the rental with the additional penalty for losses and damages provided for in clause 3.10 in Exhibit I. In this case, after the discharge of the due amounts, User is allowed to pick up a second umbrella from RENTBRELLA.

 

3.10 . Once registered in the APP, the User should lease an umbrella at a Station, use and return it at any other Station, and is charged for the use as provided for in Exhibit I.

 

3.11 . If the Station in which the User wishes to return the umbrella does not have free space for return, the system shall not accept the return, and shall indicate the procedure to be adopted.

 

3.12 . The User shall report to  RENTBRELLA, through the APP, in the "HELP" tab, in the place intended to report problems, if he/she finds any non-conformity in the station or in the umbrella, which should compromise its use such as: problems with the reading of the QR code; problems with receiving the validation token; presentation of erroneous information by the system; station shutdown; problems with typing tokens; incorrect code problems; problems in the machine; defects in the umbrella; damaged umbrellas; problems to return the umbrella to the machine.

          3.12.1. RENTBRELLA. is not liable for any problems arising from the system that compromise possible use by the User. Nevertheless, whenever possible, it will act in good faith to try to solve such problems.

 

3.13 . If the User finds any type of non-conformity, immediately after  picking up the umbrella, the user should report it (record the event) through the HELP MENU (Problem Report). The application in this case shall guide the User on how to proceed.

 

3.14 . If the User finds any type of non-conformity in the umbrella, including but not limited to (i) damaged structure of the umbrella, (ii) damaged fabric of the umbrella; (iii) damaged handle of the umbrella, (iv) damaged end of umbrella; (v) any item pasted, stapled, tied to it must report it (record event) through the HELP MENU (Problem Report). The application in this case shall guide the User on how to proceed.

          3.14.1. If the User returns the umbrella with any kind of non-conformity, the User shall be subject to analysis and assessment of a fine for loss and damage as provided in Exhibit I.

 

4 . The amounts charged 

 

4.1 . As a rule, the use of the System has fees to the User as provided in Exhibit I, considering that a lease relationship is established for a specified period.

 

4.2 . All charges for the use of the system shall be notified to the user through the APP.

          4.2.1. Rental charges and any fines shall be made by charging the credit card informed by the User at the time of registration, a charging that is already expressly authorized by the User.

 

4.3 . In case of impossibility of charging the amounts due by the User on the credit card informed, either by expiration of the validity  date, or by blocking the card, the User shall register another valid credit card. In the impossibility of charging, RENTBRELLA is authorized to issue to the User, invoice, or collection bank slip of the corresponding amount, which shall be paid by maturity, notwithstanding the adoption of other appropriate legal actions or procedures.

 

4.4 . In the relationship between the User and RENTBRELLA, the company is entitled to establish, remove and/or revise the price for all services or goods obtained through the use of the Services at any time, at RENTBRELLA's sole discretion.

 

5 . The occurrence of damage, theft, or robbery of the umbrella

5.1 . The User represents to be  aware that the umbrella of the System cannot be marketed and that, when picking up the umbrella, he/she enters into a lease other than the acquisition of it. 

 

5.2 . The User shall inform RENTBRELLA through the APP, as soon as possible, for any loss, theft, or robbery of the umbrella in his/her possession. In this case, he/she shall be charged an indemnity for loss and damage as provided for in Exhibit I.

          5.2.1. In the cases described in this clause RENTBRELLA is exempt from any liability.

          5.2.2. In the cases described in this clause RENTBRELLA shall  automatically charge the card registered by the user in the APP, on the amount described in Exhibit I, and such charge is herein authorized by the user.

                    5.2.2.1. Even if the User finds the umbrella later, he/she will not have the refund of amount charged as described in Exhibit I. 

 

5.3 . The User herein authorizes the payment of the amounts described above by debit  in the credit card informed at the time of registration in the APP and, in its impossibility, by registering another credit card in the application to settle the amounts due, notwithstanding the adoption of other sanctions or appropriate judicial procedures.

          5.3.1. The system shall be blocked for the user until he/she registers a valid credit card in order to settle the amounts by him/her.

 

6 . Compliance with safety standards.

6.1 . The User, when using the System, is aware that he/she must take due care in the use of umbrellas, knowing all the risks of its use without the adoption of the necessary care.

 

6.2 . The User represents that he/she shall use the umbrella with all due care. 

          6.2.1. The User is also fully aware that the umbrella contains the safety items required by the legislation in force. Damage and accidents caused by misuse or careless use are the sole responsibility of the User.

 

6.3 . The User shall not use the system or the umbrella itself under the influence of alcohol or any other substance that removes or decreases motor coordination, discernment, or perception.

          6.3.1. In the event of accidents arising from the cases described in clause 6.3 RENTBRELLA is held harmless from any liability.

 

6.4 . The User has full agreement that the use of the umbrella is on his/her sole responsibility, and should not lend, sublet, donate, or sell to others.

 

6.5 . The User undertakes to declare any malfunctions and/or damages taking place during its use, reporting in the APP in the "HELP" tab at the time of returning the umbrella.

 

6.6 . The User represents, herein, to be aware that he/she is responsible for any physical, material damage or pain and suffering caused thereto or to third parties during the use of the umbrella, holding RENTBRELLA harmless from any liability. 

 

7 . Access to network and equipment

7.1 . The User herein represents to be liable for obtaining access to the data network necessary to use the Services. The fees and charges of his/her data and messaging network should apply if the User accesses or uses the Services from a wireless device who is liable for those fees and charges.

 

7.2 . User is liable for purchasing and updating the equipment and devices required to access and use the Services and Applications and any of their updates.

 

7.3 . RENTBRELLA does not warrant that the services, or any part thereof, shall work on any particular equipment or device. In addition, the Services should be subject to inherent failures and delays in the use of the Internet and electronic communications and RENTBRELLA is held harmless from any liability thereof. 

 

8 . The possible use of Promotional Codes

8.1 . RENTBRELLA should create, at its sole discretion, promotional codes that should be redeemed for benefits related to the Services and/or Services by Third Party Providers, subject to any additional conditions that RENTBRELLA establishes for each of the promotional codes ("Promotional Codes"). The User agrees that Promotional Codes:

          (i) shall be used in a legal manner for the purpose and public for which they are designed;

          (ii) shall not be duplicated, in any way sold, transferred, or made available to the general public (whether by posting to the public or any other method), unless expressly allowed by RENTBRELLA;

          iii) should be disabled by RENTBRELLA at any time for legally legitimate reasons, without resulting in any liability to RENTBRELLA;

          iv) should only be used in accordance with the specific conditions that RENTBRELLA establishes for these Promotional Codes;

          v) are not valid as money; 

          (vi) should expire before use. RENTBRELLA is entitled to withhold or deduct credits or other functionalities or advantages obtained through the use of the Promotional Codes by you or another user, if RENTBRELLA finds or believes that the use or redemption of the Promotional Code was made with error, fraud, illegality or breach of the conditions of the respective Promotional Code.

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9 . Miscellaneous.

9.1 . This Terms of Use shall be in force as of the User's adhesion to the System, by completing and validating the registration, and shall remain in force as long as the User uses the APP and the system.

 

9.2 . Upon such access and use, these Terms immediately terminate, replace, and exceed all prior agreements, Terms and adjustments existing and applicable to the User.

 

9.3 . RENTBRELLA should immediately terminate these Terms or any Services in respect to User, in general, no longer offer or deny access to the Services or any part thereof at any time and for any reason.

 

9.4 . If any provision of these Terms is deemed to be illegal, invalid or unenforceable in whole or in part by any law, that provision or part thereof shall, to that extent, be deemed non-existent for the purposes of these Terms, but the legality, validity and enforceability of the other provisions contained in these Terms shall not be affected. In such a case, the parties shall replace the illegal, invalid or unenforceable provision, or part thereof, with another that is legal, valid and enforceable, which, to the fullest extent possible, has a similar effect to the provision considered unlawful, invalid or unenforceable for the content and purpose of these Terms.

 

9.5 . Additional terms should apply to certain Services and shall be announced in writing. Additional terms are complementary and considered an integral part of these Terms for the purposes of the respective Services. Additional terms shall prevail over these Terms in the event of a conflict with respect to these Services.

 

9.6 . RENTBRELLA should change the Terms relating to the Services at any time. In this case, new acceptance shall be required by the User, made through the APP, so that the user can continue to use the system and the corresponding services.

 

9.7 . The User undertakes not to attempt to gain unauthorized access to the Services or to harm any aspect of the Services or its systems or networks related to the System hereof.

 

9.8 . The User's suspension to the System and the immediate termination of these Terms of Use shall take place when any of the following cases are determined:

          i) the non-compliance by the User with any clause and provision provided for in the Terms of Use;

          ii) misuse of the umbrella System;

          iii) non-payment of any amount owed by the User;

          iv) the termination or extinction of the System;

          v) by legal or court’s determination.

 

9.9 . The User represents to be aware that the content of the Website and the APP of the RENTBRELLA’s Umbrella Sharing System are protected by Copyright Law (Law no. 9,610/98), therefore, the User should only use such content for consultation, and the use for any other purposes is denied without the prior and express authorization by RENTBRELLA.

 

9.10 . The User acknowledges that advertisements, sponsorship and propaganda of third parties in Website, APP and Umbrella should be made, and that, if any product or service already advertised is purchased, the advertiser shall be liable for any products or services purchased, as well as for the content published, thus holding RENTBRELLA harmless from any liability in this regard.

 

9.11 . The User agrees and acknowledges that the space for advertisements and sponsors in both umbrellas and Stations, in addition to the Services listed in these Terms belong exclusively to the System. Therefore, the User is forbidden to advertise, place, apply any ornament that has another conflicting brand/product or not.

 

9.12 . The User agrees that he/she is not entitled to any compensation for using the System with logo, sponsorship or advertisements from advertisers and partners.

 

9.13 . RENTBRELLA shall not be held liable for any failure or non-operation of the services rendered by third parties or arising from unforeseeable circumstances or force majeure.

 

9.14 . The regulations regarding any promotional campaigns, incentive advertisements and other programs that provide additional benefits to the User shall be disclosed separately, and, by mere liberality, some services should be offered free of charge, generating differentiated benefits, offered promotionally and for a specified period. 

 

9.15 . Failure by any party on complying with any clause or condition set forth herein shall be deemed simple tolerance and does not imply in novation or waiving the rights to require it in the future ad does not affect this instrument validity and any condition thereof.

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9.16 . RENTBRELLA disclaims all express, implied representations and warranties not expressly contained in these terms, and implied warranties of marketing.

 

9.17 . This Terms of Use binds the parties and their successors under any title.

 

9.18 . Any dispute, controversy, demand, or litigation of any kind arising out of or relating to these Terms of Use shall be submitted to the Laws of the Federative Republic of Brazil.

 

9.19 . The District Court of the City of São Paulo, in the State of São Paulo, is hereby elected to settle any doubts or disputes arising from these Terms of Use.