Last updated: March 2024
Introduction
WELCOME TO SHAAARE
Shaaare is an innovative platform that revolutionizes the way content is valued online. Our service allows users to receive compensation for the content they create and share, thus rewarding their creativity and engagement. The compensation is made in two forms: in internal cryptocurrency, called XKO, and in partner brand tokens.).
The website https://shaaa.re and the Shaaare mobile application are published by Smartness SAS, a simplified joint-stock company with a share capital of €1,100, having its registered office at 40 Rue Alexandre Dumas, 75011 Paris, France, registered in the Paris Trade and Companies Register (hereinafter "the Company" or "we").
These general terms and conditions of use (hereinafter the "T&Cs") govern the terms of access and conditions of use of the site and the application. It is essential to read them carefully. By accessing or using the site and the application, you agree to be bound by these T&Cs.
The terms defined in these T&Cs have the meaning assigned to them, whether used in the singular or plural.
Article 1 - Definitions
To ensure a clear and unambiguous understanding of the terms used within these general terms and conditions of use (T&Cs), the following definitions apply:
Application or Platform: refers to the Shaaare mobile application, which is made available to users on iOS, MacOS and Android operating systems.
Account or User Account: refers to the personal space created and dedicated to the User within the Application. This space is accessible following the registration and connection of the User, conditioned by the acceptance of these T&Cs.
Service(s): encompasses all the features, services, and content offered by the Company via the Website and the Application.
Website: corresponds to the website accessible at https://shaaa.re.
XKO: represents the internal cryptocurrency developed specifically for the Application's ecosystem. The XKO token is used as a means of financial transaction for all operations carried out within the Application.
Brand Tokens: refers to tokens issued by the Company's partner brands, also in the form of cryptocurrency, allowing Users to be remunerated for specific content.
Wallet: refers to the digital wallet integrated into the Application, where Users can store and manage their XKO and Brand Tokens.
Score: rating, expresses the number of points assigned to content by AI analysis, serving as a criterion for the allocation of Rewards.
Reward(s): includes all forms of compensation or benefits granted to Users in exchange for their Brand Tokens or XKO. This includes, without limitation, gift cards, virtual objects, cash prizes, vouchers, discounts, support for humanitarian or ecological projects, as well as other goods or services available through the Application.
Article 2 - Registration and Account Creation
2.1 Eligibility Conditions for Using the Platform
Access to the services offered by the Company is subject to compliance with the following criteria:
- Registration and use of the Application are permitted for persons aged 13 or over. For minors, i.e. those who have not reached the age of digital consent defined in their country, the consent of a parent or legal guardian is required to use our Services.
- Individuals who have been convicted of a sexual misdemeanor or felony are not eligible to create an account or use the Application's services.
- The user's account must not currently be suspended for violating these Terms and Conditions of Use.
We strongly encourage you to take the necessary measures to ensure compliance with these conditions on our platform. If we have evidence or serious reasons to suspect that you are not complying with these terms, we reserve the right to suspend your account and take the measures we deem necessary to prevent you from accessing our Services.
2.2 - User Account Creation
If you are the legal representative of a minor user of our services and wish to contact us, please use the form dedicated for this purpose.
To register and create an account on the Application, users must provide certain personal information in accordance with our Privacy Policy. This includes a phone number for sending a confirmation code by SMS, a username, as well as their date of birth to verify that they are at least 13 years old.
An essential step in the registration process is adding a profile picture. This requirement is crucial, as it allows our artificial intelligence system to recognize users on the content they publish. AI recognition is an important criterion on the Application to be eligible for compensation.
It is essential that the information provided when creating the account is accurate and up to date. Using an identity other than one's own to create an account is strictly prohibited. Users whose access has been previously suspended or terminated by the Company are not allowed to create a new account without first resolving the reasons for suspension with our support.
As part of the creation of their User Account on the Application, all users must establish a method of securing their access via the creation of a six-digit PIN code or by activating biometric authentication. This step is crucial to enhance account security and protect personal information and transactions on the platform.
The identity verification (KYC) step is encouraged to increase security on the Application. For some countries, KYC is mandatory to prevent fraud and money laundering. KYC, performed via the Stripe system, offers benefits such as XKO rewards, a verification badge, and access to additional features on the Application.
Article 3: Acceptance of the T&Cs
These General Terms and Conditions of Use (hereinafter referred to as the "T&Cs") define the terms under which you are authorized to access and use the Application, as well as our websites, content, services, applications and related products (collectively referred to as the "Services").
By accessing or using the Services in any way, you unreservedly agree to abide by these T&Cs. You also declare that you have read and comply with our Privacy Policy.
The user undertakes to comply with all applicable local, national, and international laws and regulations when using our Services, including, but not limited to, regulations relating to the protection of personal data, intellectual property, digital financial transactions, and the protection of minors.
We reserve the right to modify these T&Cs at any time. In the event of a substantial modification, we will inform you. However, we invite you to regularly review the T&Cs in order to keep yourself informed of any changes. Your continued use of the Services following such modifications constitutes your consent to comply with and be bound by the T&Cs, as amended.
Article 4 - Conditions of Access to Services
We offer a dynamic platform for the creation, sharing, and monetization of content, thus enriching the user experience through close collaboration with various brands. Our service stands out for its innovative approach to user participation, rewarding their creativity, and engagement with recognized brands, offering unique opportunities for visibility and remuneration.
Access to our Services requires the creation of a user account on the Application, available free of charge on the Apple AppStore and Google Play Store, with the exception of internet connection costs and any telecommunication fees charged to the user.
For a detailed understanding of the information we collect and how it is processed, we invite users to consult our Privacy Policy.
We reserve the right to modify, suspend or interrupt access to the Application or Services, temporarily or permanently, without notice or compensation, whether for updates, maintenance, operational adjustments, server changes or modifications to accessibility hours. In the event of a malfunction, our commitment is to implement all necessary means to ensure the accessibility and proper functioning of the Application.
Article 5: Usage Rights
Your use of the Services allows you to express your creativity, entertain yourself, interact with other members of the community, and accumulate tokens. However, it is crucial that these activities do not harm the safety or well-being of others.
It is your responsibility to comply with all applicable laws and regulations when using the Application and its associated Services.
You are fully responsible for the information, data, or content you publish, upload, or store via the Services. In the event of prejudice caused to the Company by your actions or content, you may be held liable for the damages, losses or costs incurred.
Users can only remove their content posted on the Application 7 days after its publication. In case of urgent need for deletion before this deadline, the user must contact the Application's support for evaluation.
To ensure public safety and order, we may retain a copy of the content shared by users, even after the deletion of their account or the content itself, in accordance with applicable regulations or until a deletion request is made by the user.
The following behaviors are strictly prohibited when using the Services:
- Using the Application for illegal, fraudulent, or discriminatory purposes;
- Disseminating unsolicited advertisements or spamming;
- Collecting information or data belonging to other users without their explicit consent;
- Publishing content that violates the rights of others, particularly those relating to intellectual property, or of a discriminatory, pornographic, violent, defamatory, or indecent nature. The dissemination of pornographic or exhibitionist content is strictly prohibited and may result in the immediate deletion of your user account, without prejudice to possible legal proceedings;
- Using the name, image or voice of a person without authorization;
- Altering the functioning of the Services or obstructing access to them;
- Disrupting access to the Services by unlawful means, including by sending viruses, overloading servers, or other computer attacks;
- Using automated techniques to extract information from the Services.
- Actions aimed at artificially obtaining XKO or Brand tokens, such as blockchain manipulation or the creation of multiple accounts, are prohibited.
We reserve the right to filter, modify, or delete any content that violates these rules, our Community Rules, or the law.
Article 6 - Account Management, Access Restriction and Cessation of Activity
As part of the management of user accounts within the Application, we apply the following principles:
Termination for Inactivity: A user account showing prolonged inactivity exceeding two years will be subject to deletion. Prior notification will be sent to the user concerned, offering the opportunity to prevent this deletion by resuming activity on their account.
Refusal of Access: We reserve the right to prohibit access, partially or totally, to the Services to any user not complying with these General Terms and Conditions of Use (T&Cs).
Suspension for Fraud: We have the exclusive authority to reject, cancel a username, or suspend an account in case of suspected fraud. The user involved will be informed of this action.
Measures in case of Violation of the T&Cs: In the event of non-compliance by a user with the obligations stipulated in the T&Cs, especially those set out in Article 5, or if we consider, for legitimate reasons, that measures are necessary to ensure our security, that of other users or third parties, or to prevent fraudulent acts, we reserve the right to:
- Limit access to and use of the Application and Services by the user concerned;
- Temporarily suspend the user's account;
- Permanently close the user's account.
The aforementioned actions will be taken regardless of any right to damages that we may claim against the user, as compensation for the damages suffered as a result of the violation of the T&Cs.
Article 7 - Provisions Relating to XKO Tokens
Value of XKO Tokens
The XKO token is configured to operate simultaneously on the Ethereum and Polygon blockchain networks. The value of the XKO token is subject to fluctuations due to the volatile nature of cryptocurrencies and associated financial markets.
Allocation and Management of XKO Tokens
The following actions allow users to acquire XKO tokens:
- Account Creation: The user receives an amount of XKO corresponding to the score assigned to their profile picture.
- Publication of Quality Content: Content deemed to be of high quality by our AI system (with a score between 25 and 100) rewards the user with an amount of XKO equivalent to the score obtained. A minimum score of 25 is required to obtain rewards.
- Support between Users (Shaaare Power): XKO tokens can be transferred between users as a sign of support for their content.
- KYC Procedure: Completing identity verification (KYC) may grant XKO tokens to the user, depending on their country of residence.
The accumulated XKO tokens can be viewed in the Wallet associated with the User Account. The terms of XKO allocation may be subject to modifications or cancellations, which will be specified in the Application.
Article 8 - Transactions
The Company positions itself as a technical intermediary and cannot exercise any control over transactions carried out between users, nor engage its responsibility in the event of a dispute.
The cancellation of transactions or the refund of funds following a transaction error are technically impossible due to the decentralized nature of the blockchain.
Users fully assume responsibility for the operations they initiate, emphasizing the importance of a thoughtful and informed approach in managing their digital assets.
Meta-transactions
Meta-transactions simplify user interactions with the blockchain while maintaining a high level of security. The principle of meta-transactions is to allow users to perform transactions without having to pay gas fees themselves, thus making the platform more accessible and user-friendly. This approach relies on delegating the execution of transactions to a "relay wallet" that covers the gas fees.
Before making a transaction on the Application, each user is required to enter a six-digit PIN code or use biometric authentication. This crucial step serves as a verification mechanism to confirm and authorize the transaction. The use of the PIN code or biometric authentication ensures that the user, and only the user, initiates the transaction, thus enhancing the security of operations on the platform.
This additional security measure guarantees that each transaction is carried out with the user's full consent, minimizing the risk of unauthorized or fraudulent transactions. By confirming the transaction through these means, the user explicitly demonstrates their intention to proceed with the operation, in accordance with the terms of use for meta-transactions established by the Company.
It is essential for users to protect their PIN code and not share access to their biometric authentication devices to maintain the security of their accounts and funds.
Users agree to use meta-transactions in a compliant manner, without attempting fraud, manipulation, or abusive exploitation of the system. Illicit activities, such as creating artificial transactions to exploit the meta-transaction system, are strictly prohibited.
Although the gas fees associated with blockchain transactions are covered by the Application's relay wallet, users must acknowledge that this coverage is limited to transactions approved and validated by the Application according to its security and compliance criteria.
The Company may revise or modify the terms of use for meta-transactions at any time to improve security, compliance, or user experience. Users will be informed of such changes, and their continued use of meta-transaction services constitutes acceptance of these new terms.
Digital Wallet
By accepting these Terms of Use, the user acknowledges that registration on the Application results in the automatic creation of a digital wallet (hereinafter referred to as "Wallet") for the storage and management of ERC-20 tokens. This Wallet is non-custodial, granting the user exclusive control over their digital assets.
It is imperative that the user securely backs up their mnemonic phrase as soon as the Wallet is created. This phrase, consisting of a series of words, is essential for regaining access to the Wallet in case of loss or device change.
The user must take all necessary measures to ensure the confidentiality and security of this mnemonic phrase. The responsibility for securing this phrase lies entirely with the user.
By accepting these Terms of Use, the user confirms their understanding of the risks associated with managing a non-custodial Wallet and commits to adopting secure and responsible management of their digital assets on the Application.
Article 9 - Artificial Intelligence
At the core of our platform lies a cutting-edge Artificial Intelligence (AI) technology, designed to enrich the user experience and optimize the offered functionalities. This AI analyzes user-submitted content, evaluates the quality and originality of works, moderates content to ensure a safe environment that complies with community guidelines, and prevents content duplication. This integration allows the Company to offer a dynamic platform where value creation and user interaction are at the forefront.
9.1 Conditions Generated by AI Usage for Users
Consent to Data Processing: By using the Application, users explicitly consent to their data and content being analyzed by the AI for the aforementioned purposes. This includes acceptance of AI-based analysis and moderation methods.
The AI encourages users to produce and share high-quality, original content, directly influencing their rewards and visibility on the platform.
Automated moderation by the AI requires users to strictly adhere to community guidelines to avoid content removal or other sanctions.
Users are responsible for ensuring that their content respects copyright and other intellectual property laws, given the detailed analysis performed by the AI.
The protection of personal data and privacy is guaranteed within the framework of AI usage, in accordance with the Company's privacy policy and applicable regulations.
9.2 Ethical Commitments and Limitations of AI
It is essential to note that, despite the advanced use of AI in the Application, certain practices are not implemented in order to respect user ethics and privacy. In particular, our AI system does not engage in any of the following activities:
- Cognitive-Behavioral Manipulation: Our AI technology is not designed to manipulate user behaviors or perceptions, especially those considered vulnerable.
- Social Scoring: The Company does not use AI to establish a social score based on user behavior, socio-economic status, or personal characteristics. We value equality and diversity within our community and reject any form of discrimination or ranking of our users.
- Biometric Categorization and Identification: The Application does not employ AI for biometric categorization or identification of individuals. The privacy and security of our users' personal data are paramount, and we avoid any collection or analysis of biometric data that could compromise these principles.
These limitations are imposed to ensure that the use of AI on the Application remains consistent with our core values of ethics, respect for privacy, and user protection. We are committed to maintaining a safe, inclusive, and respectful platform for all, using AI technology in a responsible and transparent manner.
Article 10 - Intellectual Property
The Application and Website, as well as all their components (including trademarks, logos, content, and software), are protected by intellectual property rights, belonging exclusively to the Company and its partners. Users do not receive any rights to these elements by accepting the Terms of Use.
Usage Restrictions:
- Prohibition of copying, modifying, or otherwise exploiting the Company's elements without written consent;
- Use of the Company's trademarks and logos without prior authorization is strictly prohibited;
- Access to source codes via reverse engineering or any other method is forbidden.
User Obligations:
- Respect intellectual property rights when using the Application and Website;
- Avoid publishing inappropriate content or content that infringes on the rights of third parties;
- Protect the integrity of the Application's systems, without compromising security or user experience.
The Company reserves the right to suspend or terminate the User's access and delete their account in case of infringement.
The Application and Website may refer to third-party services, governed by their own terms. Users are encouraged to consult the policies of these third-party services.
Article 11 - Responsibility
Users bear full responsibility for the content they publish. Although the Company implements means to moderate content and control behaviors contrary to the Terms of Use, we cannot exercise total control over all published content or user actions. Therefore, the Company's responsibility cannot be engaged for acts carried out by users in violation of the Terms of Use or applicable legislation.
In case of suspected security compromise or fraudulent use of the Application, the Company may temporarily disable accounts to protect the integrity of the platform and data.
The Company is not responsible for non-performance due to user behavior, a third party, or a case of force majeure. Indirect damages are not compensable.
The Company is not responsible for damages arising from technical limitations of the Internet, including malfunctions, viruses, or intrusions. Users must immediately notify the Company of any technical problems.
Users must use the latest version of the Application to ensure its optimal functioning. The Company does not assume responsibility for problems occurring on previous versions.
The Application's data and records serve as evidence in case of a dispute, unless contrary proof is provided by the user.
Article 12 - Confidentiality and Protection of Personal Data
The Company is committed to protecting the confidentiality and security of its users' personal data. We collect, process, and use your personal data in compliance with applicable data protection laws, including the General Data Protection Regulation (GDPR) and any other relevant local legislation.
Personal data is collected by the Company during registration on the Application, use of the Services, and interactions with our customer support. This collection includes, but is not limited to, your name, email address, phone number, profile information, and activities on the Application. For complete details on the types of data collected and the reasons for this collection, please refer to our Privacy Policy.
The data collected by the Company is used to provide and improve the Services, communicate with users, ensure the security of the Application, and comply with our legal obligations. We also use this data to personalize your user experience and, with your consent, send you information about new features or offers that may interest you.
The Company only shares your personal data with third parties in the following cases: with your explicit consent; for the provision of services by partners or service providers acting on our behalf; in response to legal or regulatory requests; or to protect the rights, property, or safety of the Company, its users, or the public.
In accordance with the GDPR and other data protection laws, you have the following rights regarding your personal data: right of access, rectification, erasure, restriction of processing, data portability, and to object to their processing. To exercise these rights, or for any questions related to the management of your personal data by the Company, please contact our customer service.
After the deletion of an account on the Application, certain data recorded on the blockchain remains unalterable and public, in accordance with the immutable nature of the blockchain. This includes recorded transactions that remain accessible even after the deletion of personal data from our servers. Information transferred to the blockchain, such as transaction records, is not subject to standard erasure requests.
Users must understand that interactions with the blockchain via the Application create permanent and public records. For questions about the management of this data, contact our support.
We implement technical and organizational measures to protect your personal data against loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. However, no system is completely secure; consequently, although we strive to protect your personal data, we cannot guarantee absolute security.
Article 13 - Mediation and Disputes
To the extent permitted by law, these Terms are subject to French law and interpreted in French.
In the event of a dispute arising from the interpretation, execution, or in relation to these General Terms of Use (GTU), the User has the possibility of resorting to a conventional mediation procedure or any other alternative dispute resolution method before any legal action.
To initiate this process, the User is invited to access the European online dispute resolution platform for consumer disputes, set up by the European Commission. This European platform is accessible at the following address: https://webgate.ec.europa.eu/odr/. It lists all the approved dispute resolution bodies in Europe, thus providing a centralized resource to facilitate amicable conflict resolution.
If the mediation procedure is unsuccessful or if the User prefers to take legal action despite the possibility of mediation, the dispute will be submitted to the competent courts, in accordance with applicable laws. This judicial step will take over to settle the disagreement in case of non-resolution by alternative means.
