Terms of Service

Nubosh Tech Inc. Terms of Service

Welcome to Nubosh! Please read these Terms of Service carefully as they contain important information regarding your legal rights, remedies, and obligations. These include various limitations and exclusions, a clause governing jurisdiction and venue of disputes, and obligations to comply with applicable laws and regulations. Please note that there is zero tolerance for abusive behavoir or posting of inappropriate content and if a post or Nubosh user is reported, Nubosh Tech Inc. may remove posted content or block a reported user without notice. All reported users or posts will be reviewed within 24 hours of notice.

INTRODUCTION

Nubosh Tech Inc., for and on behalf of its subsidiaries (collectively, “Nubosh”, “we”, or “us”), provides an online rental platform that connects owners of off-highway equipment inclusive of non-motorized equipment that is towed behind a vehicle (the “Equipment”) with locals seeking to rent such Equipment. Nubosh is accessible as an application for mobile devices and an internet website. Nubosh’s mobile applications and internet website are herein collectively referred to as “the Services”. By accessing or using the Services, including by communicating with us or other Nubosh users, you agree to comply with, and be legally bound by, the provisions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Services and constitute a binding legal agreement between you and Nubosh.

These Terms, together with any additional privacy and user policies accessible via the Services (the “Policies”) constitute the “Agreement” between you and Nubosh (each a “Party” and collectively, “the Parties”). IF YOU DO NOT AGREE WITH THE TERMS OF SERVICE YOU ARE NOT PERMITTED TO USE THE NUBOSH SERVICES.

Modification. Nubosh reserves the right, at our sole discretion, to modify our Services or to modify these Terms at any time. If we modify these Terms, we will post the modification on our Services. We will also update the “Last Revised” date at the top of these Terms. By continuing to access or use our Services after we have posted a modification or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your sole recourse is to stop using and accessing the Services and close your Nubosh Account within 10 days, in which case the previous effective version of these Terms will apply to you, unless you have used the Services during the intervening 10 day period, in which case the new version of these Terms will apply to you.

GENERAL TERMS

Eligibility. Our Services are intended solely for persons who are 18 or older. Any use of the Services by anyone that does not meet these age requirements is expressly prohibited.

Registration. To access certain features of the Services, you must sign up for an account with us (a “Nubosh Account”) by either providing us your email address and creating a password or connecting through an account with a third-party site or service (including Facebook and Google).

Verification. When you list or book Equipment, you must provide us with certain information about yourself to enable us to verify your identity. You promise to provide complete and accurate information to Nubosh about yourself. Where permitted, Nubosh has the right, but not the

obligation, to undertake screenings, checks, and processes designed to help verify or check the identities and/or backgrounds of users and the information provided. Despite, this right, Nubosh does not commit to undertake any specific screening process. Nubosh may in its sole discretion use third party services to verify the information you provide to us and to obtain additional related information and corrections where applicable, and you hereby authorize Nubosh to request, receive, use, and store such information. Nubosh does not commit to undertake efforts to ensure the safety of any Equipment shared through the Services. Nubosh does not make any representations about, confirm, or endorse the safety or mechanical soundness of any Equipment.

Ongoing Information Updates. Nubosh may deliver notices to you at the most recent email, telephone, or address provided by you, and those notices will be considered valid even if you no longer maintain the email account, telephone number, or receive mail at that address unless you provide updated contact information to us. You are, and will be solely responsible for, all of the activity that occurs through your Nubosh Account. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Nubosh Account, whether or not you have authorized such activities or actions. You will immediately notify Nubosh of any actual or suspected unauthorized use of your Nubosh Account. Nubosh is not responsible for your failure to comply with this clause, or for any delay in shutting down or protecting your Nubosh Account after you have reported unauthorized access to us.

Your Commitments. You agree that you will always use your Nubosh Account and the Services in compliance with these Terms, applicable law, and any other policies and standards provided to you by Nubosh. As an Equipment owner (“Owner”), you commit that, where applicable, you will provide safe, legally registered and insured Equipment in good mechanical condition, on time to the party renting the Equipment (the “Renter”) and will not list your Equipment on any other renting marketplace. In connection with your use of or access to the Services you may not, and you agree that you will not, nor advocate, encourage, request, or assist any third party to:

Violate any law, including:

breach, violate, and/or circumvent any local, provincial/territorial, regional, or national law or other law or regulation, or any order of a court, including, without limitation, tax regulations, licensing or registration requirements, or third-party rights;
post false, inaccurate, misleading, defamatory, or libelous content;
infringe, reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Nubosh, or that comes from the Services and belongs to another Nubosh user or to a third party, including works covered by any copyrights, trademark, patent, or other intellectual property, privacy, publicity, moral, or contractual rights, except with prior written consent of Nubosh;
Dilute, tarnish, or otherwise harm the Nubosh brand in any way, including:

through unauthorized use of Nubosh and/or user content;
registering and/or using Nubosh or derivative terms in domain names, trade names, trademarks, or otherwise;
registering and/or using domain names, trade names, trademarks, social media account names, or other means of identification that closely imitate or are confusingly similar to Nubosh domains, trademarks, taglines, promotional campaigns, or Nubosh and/or user content;

(3)Provide or submit any false information, including:

false name, date of birth, driver’s license, payment method, credit card, insurance, or other personal information;
offer, as an Owner, any Equipment you do not yourself own or have authority to share;
offer, as an Owner, any Equipment that may not be shared for compensation pursuant to the terms and conditions of a third-party agreement, including but not limited to, a lease or financing agreement;
book, drive or operate any Equipment without a valid driver’s license or without the requisite class of license required for such operation;
any listing with false or misleading information, or any listing with a price that you do not intend to honor;
register for a Nubosh Account on behalf of an individual other than yourself;
impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;

Fail to honor your commitments, including:

fail to pay fees, penalties, or other amounts owed to Nubosh or another user;
fail, as either an Owner or Renter, to timely deliver, make available, or return any Property, subject to a valid reason as defined by any Policies;
use the Services to find an Owner or Renter, and then complete a transaction partially or wholly independent of the Services, in order to circumvent the obligation to pay any fees related to Nubosh’s provision of the Services or for any other reasons (aka, gray market transactions);
transfer your Nubosh Account and/or user ID to another party without our consent;
list or provide to a Renter Equipment that is subject to a safety recall without first properly addressing the matter subject to the recall;

Harm or threaten to harm users of our community, including:

“stalk” or harass any other Nubosh user or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Owner or Renter in accordance with these Terms;
engage in physically or verbally abusive or threatening conduct;
use our Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information, or credit, debit or account numbers;
treat anyone differently based on race, sexual orientation, religion, gender identity, community, or age. Discrimination of any kind is not tolerated in the Nubosh community;

Use the Services for your own unrelated purposes, including to:

contact an Owner for any purpose other than in relation to a booking or said Owner’s Equipment or listing(s);
contact a Renter for any purpose other than in relation to a booking or such Renter’s use of the Services;
commercialize any content found on Nubosh or software associated with our Services, including reviews;
harvest or otherwise collect information about users without their and our consent;
recruit or otherwise solicit any user to join third party services or websites that are competitive to Nubosh, without Nubosh’s prior written approval;

Interfere with the operation of the Services, including by:

interfering with any other user’s listings;

b.distributing or posting spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;

distributing viruses or any other technologies such as cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or e-mail address information, or similar methods or technology that may disrupt or interfere with the operation or provision of our Services, or harm Nubosh or the interests or property of others;
bypassing robot exclusion headers, interfering with the working of the Services, or imposing an unreasonable or disproportionately large load on our infrastructure;
systematically retrieving data or other content from our Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory, or the like, whether by manual methods, or through the use of bots, crawlers, spiders, or otherwise;
using display mirroring or framing the Services or any individual element within the Services, Nubosh’s name, any Nubosh trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page in the Services, without Nubosh’s express written consent;
accessing, tampering with, or using non-public areas of the Services, Nubosh’s computer systems, or the technical delivery systems of Nubosh’s providers;
attempting to probe, scan, or test the vulnerability of any of Nubosh’s system or network or breach any security or authentication measures;
avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Nubosh or any of Nubosh’s providers or any other third party (including another user) to protect the Services;
forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive, or false source-identifying information;
attempting to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Services; or
endeavoring to circumvent a suspension, termination, or closure of your Nubosh Account, including, but not limited to, creating a new Nubosh Account to circumvent an account suspension or closure or giving vehicles or equipment registered to you or a member of your household to other Nubosh users to list.

Violations. Nubosh has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of the Agreement to the fullest extent permissible by the law. Nubosh may access, preserve, and disclose any of your information if we are permitted or required to do so by law; if we believe in good faith that it is reasonably necessary to respond to claims asserted against Nubosh or to comply with permissible legal process (for example, subpoenas or warrants); to enforce or administer these Terms; to do so for fraud prevention, risk assessment, investigation, customer support, product development, and debugging purposes; and/or to protect the rights, property, or safety of Nubosh, its employees, its users, or members of the public.

Nubosh reserves the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that Nubosh, at its sole discretion, considers to be objectionable for any reason, in violation of this Agreement, or otherwise harmful to the Services or our community. If we believe you are abusing Nubosh, our users, or employees in any way or

violating the letter or spirit of any of this Agreement, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your Nubosh Account(s) and access to our Services, remove your content, remove and demote your listings, and take technical and/or legal steps to prevent you from using our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion to the full extent permitted under applicable law.

Policy Enforcement. When an issue arises, we may consider the user’s performance history and the specific circumstances in applying our Policies. We may choose to be more lenient with policy enforcement to do the right thing, subject to our sole and absolute discretion.

Collection of Fees. Nubosh earns a commission on each transaction based on a percentage of the dollar value of the transaction as set by Nubosh and subject to change from time to time. As a condition of using the Nubosh Services, you consent to Nubosh earning this commission on each transaction. When you provide Nubosh with a payment method, you authorize Nubosh, or third-party service providers acting on Nubosh’s behalf, to store your payment credential for future use in the event you owe Nubosh any money. You authorize Nubosh to use stored payment credentials for balances, including but not limited to, late fees, security deposits, processing fees and claims costs and related administrative fees. Nubosh and its partners will employ all legal methods available to collect the amounts, including the engagements of collection agencies or legal counsel.

Communications with You. In order to contact you more efficiently, you agree that we may at times contact you using autodialed or prerecorded message calls or text messages at your telephone number(s). We may place such calls or texts primarily to confirm your signup; provide notices regarding your Nubosh Account or Nubosh Account activity; investigate or prevent fraud; collect a debt owed to us; or communicate urgent messages. We may share your phone number(s) with service providers with whom we contract to assist us in pursuing these interests. We will not share your phone number(s) with third parties for their own purposes without your consent. Standard telephone minute and text and data charges may apply. Where Nubosh is required to obtain your consent for such communications, you may choose to revoke your consent.

You authorize Nubosh and its partners, without further notice or warning and in our discretion, to monitor or record telephone conversations you or anyone acting on your behalf has with Nubosh or its agents for quality control and training purposes. You acknowledge and understand that your communications with Nubosh may be overheard, monitored, or recorded without further notice or warning. If you wish not to have your conversations recorded, please contact Nubosh’s customer support.

External Communications. Nubosh is not liable for any communications that occur between Renters and Owners outside of the Nubosh platform. All communications outside of the Nubosh platform are conducted at the Renter or Owner’s own risk.

LEGAL DISPUTES FOR OWNERS AND RENTERS RESIDING IN CANADA

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND WILL HAVE A SUBSTANTIAL IMPACT ON HOW CLAIMS THE PARTIES HAVE AGAINST EACH OTHER ARE RESOLVED

Law and Forum for Disputes. The laws of the Province of Alberta and the applicable federal laws of Canada shall govern the Agreement and any dispute or claim you have against Nubosh. All residents of Canada agree that any claim or dispute you may have against Nubosh must be resolved by a court located in Edmonton, Alberta. You submit and attorn to the jurisdiction of the courts located within the Province of Alberta for the purpose of litigating all such claims or disputes.

Nubosh Content and User Content License. Subject to your compliance with the provisions of these Terms, Nubosh grants you a limited, revocable, non-exclusive, non-transferable license, to access and view any Nubosh and/or user content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Nubosh or its licensors, except for the licenses and rights expressly granted in these Terms.

User Content. We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content through our Services such as photographs of you and your Equipment, reviews, feedback, and descriptions of your uses of the Equipment. By making available any content on or through the Services, or through Nubosh promotional campaigns, you grant Nubosh a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such content on, through, by means of, or to promote or market the Services. Nubosh does not claim any ownership rights in any such content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such content.

Termination. You may discontinue your use of the Services at any time and Nubosh may terminate your access to the Services and remove any listings for any reason or no reason to the extent permissible under applicable law. Termination of access to the Services will not release a Party from any obligations you incurred prior to the termination and Nubosh may retain and continue to use any information previously provided by you. Termination of the Agreement will not have any effect on the disclaimers, waiver or liability limitations, or legal disputes provisions under the Agreement and/or any fees due, and all of those terms will survive any termination of the Agreement.

No Transfer or Assignment of Interest. Except as otherwise provided herein, Renters and Owners agree that nothing in these Terms constitutes an actual or purported transfer or assignment of any right or interest in Property shared through the Nubosh services.

Disclaimers. NUBOSH PROVIDES SERVICES THAT ENABLE THE SHARING OF EQUIPMENT BETWEEN OWNERS AND RENTERS. THE SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT LIMITING THE FOREGOING, NUBOSH EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT, AND ANY

WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. Nubosh

makes no warranty that the Services, including, but not limited to, the listing and/or any Equipment will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Nubosh makes no warranty regarding the quality of any listings, Equipment, Owners, Renters, the Services, or any content or the accuracy, timeliness, truthfulness, completeness, or reliability of any content obtained through the Services. No advice or information, whether oral or written, obtained from Nubosh or its service providers or through the Services or content, will create any warranty not expressly made herein.

Limitation of Liability and Waiver. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE ANY AND ALL RIGHTS YOU HAVE TO SUE OR MAKE CLAIMS AGAINST NUBOSH AND ITS RESPECTIVE SUBSIDIARIES, DIRECTORS, OFFICERS, AGENTS (INCLUDING THIRD PARTY ADMINISTRATORS, INSURANCE PRODUCERS, AND INSURANCE PROVIDERS), OR EMPLOYEES (TOGETHER, THE “NUBOSH PARTIES”) FOR ANY DAMAGES OR LOSSES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, EQUIPMENT NOT BEING AVAILABLE FOR RENT WHEN IT WAS SUPPOSED TO BE, ANY MALFUNCTION OF OR DEFICIENCY IN THE EQUIPMENT, ANY BREACH OF WARRANTY OR OTHER OBLIGATION BY ANY MANUFACTURER OR OTHER THIRD PARTY, ANY PERSONAL INJURY OR PROPERTY DAMAGE SUFFERED BY YOU OR ANY OTHER PARTY USING THE EQUIPMENT, AND, IN THE CASE OF THE NUBOSH PARTIES, ANY ACTIONS OR INACTION OF THE OWNER. NEITHER NUBOSH NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM YOUR LISTING OR BOOKING OF ANY PROPERTY VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY. IN NO EVENT WILL NUBOSH’S OR ITS SUBSIDIARIES’ OR INSURERS’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES EXCEED CDN $100. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE FORM A FUNDAMENTAL PART OF THE BARGAIN BETWEEN NUBOSH AND YOU.

Indemnification. To the extent permitted by applicable law, you agree to release, defend, indemnify, and hold Nubosh and its subsidiaries, officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Services or your violation of these Terms; your user content; your interaction with any user, booking of a Property rental, or creation of a listing of Property; or the use or condition, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of a booking, sharing, or use of Property.

Liquidated Damages/Contract Penalty. You acknowledge that the actual damages likely to result from you (i) engaging in grey market transactions (i.e., using Nubosh to find a Renter or certain type of Equipment, and then completing a reservation or related transaction partially or wholly independent of Nubosh, in order to circumvent the obligation to pay any Nubosh Fees) or

(ii) registering domains, social media handles, bidding on key words, or otherwise using the

Nubosh domains, trademarks, or taglines are difficult to estimate and would be difficult for Nubosh to prove. You will pay Nubosh $5,000 in Liquidated Damages to compensate Nubosh for any such conduct, and you acknowledge that such amount is a genuine pre-estimate of general damages incurred by Nubosh for a breach of these restrictions under this Agreement.

No Agency. Nubosh does not appoint you or any other user as its employee or legal agent or form any kind of legal partnership or joint venture. You are not authorized to make any commitments on behalf of Nubosh and Nubosh will not make commitments on your behalf, except as contemplated by the Services or expressly stated in the Agreement.

Entire Agreement. The Agreement states the entire understanding between you and Nubosh concerning your access to and use of the Services and supersedes any earlier verbal or written communications between us.

No Delegation of Rights. With the exception of appointing a custodian to manage your Equipment on your behalf, you may not delegate your legal obligations or transfer any of your rights, in whole or in part, to any third party without advance written consent of Nubosh. You will remain responsible for your obligations hereunder in any event.

Severability. If any provision of the Agreement is construed to be unenforceable, the remaining provisions will not be affected and will continue in full force and effect.

No Waiver. Any modification or waiver of any term of the Agreement must be agreed to by a Nubosh Officer or Director in writing. Nubosh’s failure to exercise any right under the Agreement will not constitute a waiver of any other right Nubosh may have.

Headings. Headings are for reference purposes only and do not limit the scope or extent of such section. Except as otherwise provided in the Agreement, if any provision of these Terms are held to be invalid, void, or for any reason unenforceable, such provision shall be struck out and shall not affect the validity and enforceability of the remaining provisions.

Translations. Where Nubosh has provided you with a translation of the English language version of these Terms or any Policies, in case of any wording discrepancies between the English and any other versions of the Terms and any Policies, the English language version governs.

SPECIFIC TERMS FOR RENTERS

The following Sections also apply if you book Equipment using the Services:

Your Financial Responsibility Is Primary. With regard to damage, losses, or other liabilities, you acknowledge that, where permissible under applicable law, you are primarily liable for your liabilities under the Agreement. You acknowledge that you are fully responsible for any damage, losses, or other liabilities relating to your activities through the Services. Nothing in these Terms is intended to limit your responsibilities or Nubosh’s legal rights in connection with your use of the Services. You acknowledge that Nubosh or the Owner may require and hold a security deposit as part of the reservation of Equipment and that the value of the damage sustained by the Property may be deduced from and up to the full amount of the security deposit. The Owner

retains the right to collect any remaining amounts for the value of the damage upon exhaustion of the full security deposit from the Owner.

Condition of the Property. You understand that third parties own the Equipment offered through the Services. Each Owner is responsible for complying with all legal requirements with respect to the Equipment and maintaining their Equipment in safe condition.

SPECIFIC TERMS FOR OWNERS

The following Sections also apply if you share your Equipment through the Services:

Information Given at Registration. When you sign up for Nubosh, you will identify any Equipment that you want to list for sharing through the Services. You may only use the Services in connection with Equipment that you own or otherwise have all the necessary rights and permissions to share for compensation.

Listing Only on the Services. Any Equipment you list on the Services must be exclusively listed on the Services. You cannot list any Equipment you intend to share on the Services on any other rental marketplace for the Equipment. Failure to abide by this condition may result in fines, penalties, denial of physical damage claim, removal of the Equipment from the Services, account closure, or other action, in Nubosh’s sole discretion. This does not limit Commercial Hosts’ (as defined below) ability to maintain their own Equipment rental business or prohibit the Equipment from being listed on other services when not on a Nubosh reservation.

Property Availability. Once a booking is made, you must make the Equipment available or deliver the Equipment as expected by the Renter. If you offer the Renter the option to pick up your Equipment at a specified location, you must supply the location of the Equipment accurately to Nubosh and ensure that the Equipment is available at that location at the beginning of the reservation period.

Payment Processing. Where payment processing services are provided by Stripe, you agree to be bound by Stripe’s terms of use, which may be modified from time to time. Nubosh reserves the right to switch payment processing vendors in its discretion.

Taxes. You understand and acknowledge that appropriate governmental agencies, departments, or authorities may take the position that you owe taxes in connection with your use of our Services. Please familiarize yourself with the applicable tax regulations and consult with your personal tax advisor.

Maintenance. You are required to regularly check your Equipment for any defects in its operations or safety. You promise that, at all times, your Equipment will be in good mechanical condition and in full compliance with all applicable inspection and registration requirements. You will only list Equipment with a clean, non-salvaged, non-written off, non-washed, and non-branded title. You agree to respond to any applicable recall or similar safety notices and to complete any recommended action before allowing your Equipment to be booked. In addition, if Nubosh believes that your Equipment does not conform to reasonable standards, Nubosh may notify you and reserves the right to remove or decline listing your Equipment until its concerns have been

resolved. Nubosh may, but does not commit to, undertake efforts to ensure the safety of Equipment booked through the Services.

Incident Reporting. If you believe that a Renter has caused any damage to your Equipment, you are required to report that damage as soon as you become aware of it, and in any event, no more than 24 hours after the scheduled end of reservation, and to provide reasonable cooperation in the investigation of the damage so that responsibility for the damage may be determined.

Other Insurance and Legal Matters. You agree to comply with any and all applicable laws and regulations, including applicable registration and minimum insurance requirements for your Equipment. Further, you also promise to maintain registration information and proof of insurance in your Equipment during every reservation period where such insurance and registration is required. You agree to provide Nubosh with information regarding your policy’s coverage as may be requested. You must inform Nubosh promptly in the event information previously provided changes.

Disclosure of Fees. You must disclose on your listing page any applicable additional fees, costs, and/or taxes you assess in addition to other requirements you may impose, such as a security deposit. You must never surprise Renters with hidden costs or requirements at pick-up. Nubosh reserves the right, in its sole discretion, to remove your listings or suspend your Nubosh Account for failure to be transparent up front with Renters about fees, costs, and requirements in your Property listing page.

Limited Liability of Nubosh. Use of the Nubosh Site is done at the Lessor and Renter’s own risk. Without limiting the foregoing, Nubosh explicitly disclaims any warranties of merchantability, fitness for a particular purpose, or non-infringement, and any warranties arising out of course of dealing or usage of trade. Nubosh makes no warranties regarding the quality of any Listings, including but not limited to, the accuracy, timeliness, truthfulness, completeness or reliability of any Equipment obtained through the Site.

Claims Against Nubosh. Nubosh explicitly disclaims all liability for any act or omission of any Renter or other third party. By using the Site, you agree that any legal remedy or liability sought for actions or omissions of Renters or other third parties to you or your Equipment will be limited to a claim against those particular Renters or other third parties who caused the harm. You hereby agree not to attempt to impose liability on, or seek any legal remedy from, Nubosh with respect to such actions or omissions.

Lease Agreement. Nubosh has provided a Sample Lease Agreement for your use in renting your Equipment to a Renter. This agreement explicitly excludes Nubosh from all liability relating to your contractual relationship with the Renter. You may at your election provide your own agreement to govern your rental relationship with a Renter. Where you elect to provide your own agreement, you acknowledge that Nubosh is not a party to your agreement and any references to Nubosh, including but not limited to those imposing liability, are null and void against Nubosh.