LENDER TERMS AND CONDITIONS

Welcome to Sizters App, the UAE's premier destination for sustainable fashion enthusiasts to rent and lend high quality, authentic clothing and accessories. By using the Platform, you agree to abide by these Lender T&Cs, which are designed to ensure a seamless, enjoyable and secure experience for all members of our community. These Lender T&Cs govern the relationship between Sizters App and the Lender.

By proceeding with account creation and engaging in the first activity or transaction, the Lender acknowledges and agrees to be bound by these Lender T&Cs, forming a valid and binding contract between the Lender and Sizters App.

The Parties agree as follows:

1. Definitions

Capitalized words and phrases hereunder shall have the following meanings

Lender(s)

an individual or entity who offers their products or items for rent through the Siz.ae platform, entering into rental agreements with Renters under these Lender T&Cs;

Platform

means the Sizters App website or mobile application;

Damage Protection Coverage

means an optional insurance coverage offered by Sizters App to Renters for an additional fee of Arab Emirate Dirhams Twenty Five only (AED 25) per rental request;

Managed Closet

means Sizters App team is responsible for managing and storing Lender’s items including end-to-end rental process, Rented Item listing, communications with the Renter, packaging, shipping and dry-cleaning operations;

Peer to Peer Closet

means Lenders are responsible for the end-to-end rental process, including listing their Rented Item(s)s, liasing with the Renter(s), preparation and packaging of the Rented Item(s);

Rental Fees

means the rental fee paid by a Renter to Sizters App for a Rented Item;

Rental Period

means the period for which the Renter is permitted to rent a Rented Item from Sizters App;

Rented Item(s)

means and includes clothes, accessories and/or bags owned by the Lender and made available to Renters through the Platform;

Renter(s)

means the individual renting a Rented Item from Sizters App and/or the Lender;

Sizters App

means Siz Fashion Rental FZ-LLC, an entity established under the laws of United Arab Emirates, having licence number 101264, having its correspondence address at HD73A First Floor In5 Tech, Dubai Internet City, Dubai UAE, contact number +971 55 367 49 23 and email address as hey@siz.ae;

T&Cs

means these Lender’s terms & conditions that govern the Lender’s use of the Platform; and

UAE

means United Arab Emirates

2. Listing Items


2.1	Lenders may list their Rented Items on the Platform by providing accurate and complete information about the Rented Item, including but not limited to brand, size, condition, original retail price and any specific product details or measurements that may be requested by Sizters App.
2.2	Lenders must ensure that all listed Rented Items meet the criteria set forth by Sizters App, including minimum retail value, age, condition and authenticity requirements. Proof of purchase or an authenticity certificate shall be required for high-value items valued above Arab Emirate Dirhams Three Thousand only (AED 3,000).
2.3	Lenders are responsible for providing high-quality photographs of the Rented Items, accurately depicting its current condition and appearance. A minimum of four (4) photographs of the Rented Item must be provided, featuring it from different angles and highlighting any specific details or features. The Lender shall ensure that any photographs provided pursuant to this clause 2.3 shall not infringe on any third party’s intellectual property rights.
2.4	Lenders must disclose any pre-existing damage, flaws or imperfections in the Rented Item's description and photographs.
2.5	Lenders agree not to list any Rented Items that are prohibited by Sizters App, including but not limited to counterfeit items, fur products or any items that violate intellectual property rights or are illegal to use, rent or sell in the UAE.
2.6	Sizters App reserves the right to edit, modify or remove any listing that does not comply with its guidelines, criteria or these T&Cs, without prior notice to the Lender. Lender acknowledges and agrees that the process of listing anything on the Platform may take between one (1) to three (3) months or longer, at the sole discretion of Sizters App. This time frame may be influenced by factors including, but not limited to, seasonality and fair assessment conducted by Sizters App. Sizters App further reserves the right to extend or reduce the listing duration as it deems necessary, without prior notice to the Lenders. The Lender understands and agrees that Sizters App's decisions regarding the listing process, duration and compliance with guidelines are final and binding.
2.7	By listing Rented Items on the Platform, Lenders grant Sizters App a non-exclusive, worldwide, royalty-free licence to use, reproduce, display and distribute the provided content (including images and descriptions) for the purpose of promoting and operating the Platform.
2.8	The Lender acknowledges and agrees that Sizters App may at its sole discretion, undertake promotional activities for Rented Items listed on the Platform across diverse channels, including, but not limited to, blogs, social media, and engagement with influencers, celebrities, brands and models. Such promotional activities may involve the rental of the Lender's items without generating Rental Fees or fees or payments of any kind to the Lender. Sizters App reserves the right to facilitate these promotional rentals without prior notice to the Lender and use any photographs or videos of the Lender's items as its sole property in any manner that it deems necessary without any payments or royalties to Lender. The Lender understands and accepts that these promotional activities are intended to enhance the visibility and marketing of Lender’s items and Rented Items on the Platform, ultimately benefiting the Lender's exposure and potential for future rentals.

3. Marketplace

The Participant shall provide Items to the Sizters App as described in the Particular Conditions. In this respect, the following terms and conditions shall apply:

3.1	The Participant hereby grants Sizters App the right to use the high-resolution images provided by the Participant, on the Sizters App Marketplace, on any social media platforms and web portals.
3.2	Sizters App reserves the right, at any time and at its absolute discretion, to refuse to rent or sell any Item provided to it by the Participant and/or to return any Item to the Participant.
3.3	The Participant understands and agrees that it may take anywhere between one (1) to three (3) months or longer to upload the Items on the Sizters App Marketplace for rental. Sizters App reserves the right to determine the timing of introducing new Items to the Sizters App Marketplace based on seasonality and fair assessment of the “Fashion Curation Team”.
3.4	All Items provided by the Participant will be rented in accordance with the Rental Policy. In the event of any damage, loss, or other incident in relation to an Item, Sizters App shall endeavour, on best effort basis, to seek recovery from the relevant End-user in accordance with the Rental Policy and its standard practices, as detailed in Section 6.
3.5	The Participant acknowledges and understands that any Item provided to Sizters App may not be returned in its original condition as natural wear and tear occurs when the Item is tried on or used; whether rented or only marketed. For the purposes of the above, natural wear and tear encompasses fabric wear out, colour fading and embellishment imperfections.
3.6	The Participant agrees that Sizters App may, at its discretion, shorten long dresses to a reasonable length of around 59" from shoulder to hem. It may also shorten, lengthen, tighten or loosen any Items listed on the Sizters App Marketplace.
3.7	The Participant understands and agrees that signing up in the Sizters App Marketplace allows him/her to join a regional community, therefore, Sizters App may, at its discretion, move Items between markets and third-party affiliates in order to increase exposure and rentability based on market seasonality. However, the Items will be returned to the original location where they were received by Sizters App as soon as reasonably practicable after the termination of the Agreement.
3.8	If the Participant requires an Item to be temporarily retrieved from the Sizters App Marketplace for personal use, the Participant should notify Sizters App of such request in writing at least two weeks in advance to ensure that there are no prior bookings on such Item during the requested period. The Participant shall make all the arrangements to retrieve the Item, and will bear all costs related to such retrieval and to the return of the Item to the Sizters App Marketplace.
3.9	Sizters App shall seek to maximize the Revenue that is generated by an Item. In the event that Sizters App deems that it is more profitable to sell an Item than to continue to make it available for rental, then Sizters App shall have the right to sell such Item upon the Participant’s prior consent, and the proceeds from such sale shall be distributed in accordance with the revenuesharing provisions set out in the Particular Conditions.
3.10	Sizters App may, at its sole discretion, proceed with “Marketing/Collaboration Activations” by which it provides Items to models, bloggers, micro-influencers, macro-influencers, celebrities, or any brand/persona to wear in order to generate publicity and attract customers; such models, bloggers, influencers, and celebrities shall be bound by the Rental Policy. Any Item worn by a model, a blogger, an influencer or a celebrity (as per Sizters App ’s assessment) is solely for the purpose of marketing the Item and Sizters App .
3.11	The Participant acknowledges that in the case his/her Item was subject to a Marketing/Collaboration Activation, no rental fees will be charged and no earnings will be paid by Sizters App to the Participant for the use of the Item in connection with such Marketing/Collaboration Activation. For the avoidance of doubt, Sizters App will only send to the Participant a notification of rental when it is a paid rental and will not provide such notice with respect to an Item that is only worn in the context of a Marketing/Collaboration Activation pursuant to Section 3.9 and this Section 3.10. The Participant agrees that Sizters App may, at its sole discretion, showcase collaborations on the Company’s social media channels according to its internal marketing calendar and social media strategy, prior to the date or after the date on which the Item has been worn by the model, blogger, influencer or celebrity.

4. Inventory of Rented Items

4.1		Sizters App offers two distinct types of closets for Lenders: Managed Closets and Peer-to-Peer Closets.
4.2		For Lenders using Managed Closets:
	a	Lenders agree to send their Rented Items to Sizters App for storage, listing and lending. Sizters App assumes responsibility for managing the inventory, the rental process, communication with Renters and handling shipping and dry cleaning of the Rented Items. The cost of shipping from the lender to the Sizters App warehouse and subsequently to the Renter will be as per the agreed 50:50 profit-sharing ratio. Lenders shall receive notifications regarding their Rented Items' rental status and earnings;
	b	Lenders must provide at least seven (7) day's prior written notice to Sizters App if they wish to add or remove Rented Items from their inventory in order to ensure that the Rented Item is not rented out or scheduled for rental. Lenders are not permitted to remove a Rented Item from their inventory if it has already been confirmed to a Renter, until the conclusion of the Rental Period and the return of the Rented Item; and
	c	the Lender authorises Sizters App to store Rented Item(s) in its warehouse or storage space for the Term.

4.3		For Lenders using Peer-Peer Closets:
	a	Lenders shall be responsible for managing their own inventory, listings and rental processes through Sizters App. Lenders must ensure that the availability status of their Rented Items is accurate and up to date at all times. Sizters App shall notify the Lender of any Renter requests to rent these Rented Items, and the Lender must either accept or reject such requests in writing within twelve (12) hours of receiving Sizters App’s notice. Upon accepting a rental request, the Lender is responsible for the packaging, shipping and delivery of the Rented Item to Sizters App’s storage space or warehouse, at the Lender’s sole cost and liability in a time efficient manner. Within seven (7) days after the Rental Period, Sizters App shall return the Rented Item to the Lender.
	b	Lenders agree to maintain their Rented Items in good condition and repair any damages or defects in a timely manner. In the event, a Rented Item becomes unavailable or damaged for any reason, the Lender must promptly update the Rented Item's status on the Platform and/or remove the Rented Item listing to avoid potential rental conflicts;
	c	Lenders shall have the ability to directly disable or remove their Rented Items via the Platform, provided there are no upcoming rentals scheduled for those Rented Items.
4.4		Sizters App and the Lendershall mutually agree on the initial inventory and the Rental Fees of each Rented Item. The Lender agrees that Sizters App may lend Rented Items to the Renter, subject to these T&Cs.
4.5		Sizters Appreserves the right to adjust the Rental Period of a Rented Item by providing written notice to the Lender, to which the Lender shall have no objection or claim.

5. Rented Item Inspection and Condition

5.1		Prior to the listing of any Rented Item on the Platform, the Lender shall be obligated to submit photographic evidence illustrating the current state of the Rented Item. This documentation must be captured within twenty-four (24) hours preceding the listing's activation on the Platform. Such photographs must be comprehensive, must contain proof of presence of accessories (for example - belts, bows), clearly showing all facets of the Rented Item, including but not limited to any pre-existing damages or signs of wear.
5.2		Sizters App reserves the right to suspend the listing of any Rented Item that is not accompanied by the requisite photographic evidence or that appears to fall short of the prescribed standards, at Sizters App’s sole discretion.
5.3		For Managed Closets, Sizters App shall:
	a	conduct an inspection of each Rented Item listed by Lenders to ensure they meet the Platform's quality standards before being made available for rent. Any damages, stains, or wear and tear found during the inspection will be documented, and the Lender will be notified to address these issues before the Rented Item is listed. Sizters App shall provide guidelines to Lenders on the condition standards expected for listed items and reserve the right to reject listings that do not meet these standards;
	b	arrange for the Rented Item to be collected from the Renters by their dry cleaning partner where upon collection, the dry cleaning Partner shall collect the Rented Item from the Renter and photograph the Rented Item’s condition, inspect it before dry cleaning and share photographs with Sizters App for the records. These dated photographs and inspections shall document the Rented Item’s condition throughout the rental process for resolving any disputes; and
	c	in the event the Rented Item has sustained significant damage beyond fair wear and tear, undertake repairs that would cost up to Arab Emirate Dirhams Two Hundred and Fifty only (AED 250) provided the Renter had earlier subscribed to the Damage Protection Coverage. In the event the Renter does not have the Damage Protection Coverage, the Renter is liable for any repair costs.
5.4		For Peer to Peer Closets,
	a	following delivery of the Rented Item, the Renter is obligated to inspect the Rented Item and inform the Lender of any damage or defects that shall be rectified at Lender’s cost;
	b	upon receiving the Rented Item back from the Renter, the Lender shall closely inspect the Rented Item’s condition. In the event any damage is noticed, the Lender must take and retain dated photographs of the damaged Rented Item within twenty four (24) hours of receipt, clearly depicting the nature and extent of the damage and promptly inform Sizters App in writing during such time;
	c	in the event of any observed damage or claims, the Lender shall promptly share the dated photographs with Sizters App via the designated chat feature on the Platform within twenty four (24) hours of taking the photographs.
	d	the dated photographs taken by the Lender shall serve as documentary evidence of the Rented Item’s condition before rental and after return, providing a timestamped record in case of any queries or disputes regarding the condition of the Rented Item during the Rental Period.
	e	following the return of each Rented Item from Renter to Lender, the Renter shall be prompted to provide a review evaluating both the Rented Item and the Lender. These reviews shall be made available to other users of the Platform to provide guidance and transparency regarding the quality and condition of the Rented Items and the reliability and professionalism of the Lenders.
5.5		In case of dispute or claim, Lender acknowledges and agrees that Sizters App shall have the sole authority to determine the extent of repair or damage, if any, and the appropriate course of action, including repair or replacement, in accordance with these T&Cs and any applicable damage policies.
5.6		Lender agrees to fully cooperate with Sizters App's inspection process and shall provide any necessary information or documentation related to the Rented Item's condition upon request.

6. Payment Terms

6.1	The Lender shall set the Rental Fee for their listed Rented Item(s) within the optimal range suggested by Sizters App, ensuring that Rental Fees for Rented Item(s) valued below AED 2,000 does not fall below the recommended minimum. Sizters App retains the sole discretion to adjust prices for Managed Closet items based on market variables such as fluctuations in rental value, promotional offers, demand changes, the condition of Rented Item(s) and inflation.
6.2	For each Rented Item under a Managed Closet, Sizters App and the Lender shall equally share the Rental Fees and cost of service such as shipping cost and drycleaning cost, with each party receiving 50% of the collected amounts. Under Peer-to-Peer Closet services, Sizters App shall charge a service fee of 20% of the Rental Fees for each Rented Item. The costs of dry cleaning and shipping for Managed Closet services shall be split between Sizters App and solely borne by the lender for Peer-to-Peer closet.
6.3	Payments to Lenders shall be processed via bank transfer on the 15th and 30th of every month after the withdrawal request submitted by the lender through the app. Lenders can choose to either withdraw the earnings from their rentals or keep it on the app to rent from another lender. For Managed Closet Services, after deducting the shared costs of dry cleaning and shipping, Sizters App shall deduct its 50% share from the net Rental Fees and transfer the remaining balance to the Lender's bank account. For Peer-to-Peer Closet Services, after deducting the 20% service fee and the costs of dry cleaning and shipping borne by the Lender, the remaining balance will be transferred to the Lender’s bank account.
6.4	In the event of any dispute related to Rental Fees, expenses, costs or charges, both parties shall engage in good faith negotiations to resolve the matter amicably. If the dispute remains unresolved, it shall be subject to the dispute resolution procedure detailed in clause 13of this Agreement and parties waive rights to any other forum of dispute resolution.

7. Cancellations, Refunds and Returns

7.1	In the event that a Renter submits a cancellation request, Sizters App shall inform the Lender of such cancellation. The notification shall include details of the cancellation, such as the specific Rented Item, the name of the Renter and the anticipated return date of the Rented Item to the Lender.
7.2	Upon the return of a Rented Item from the Renter, Sizters App will conduct a comprehensive inspection to assess the Rented Item's condition, as detailed in Clause 3. Should the inspection reveal that the cancelled Rented Item is damaged or in an unsatisfactory condition, Sizters App will follow the procedures outlined in Clause 3 to determine the necessary actions. This may include seeking compensation from the Renter or applying the Damage Protection Coverage, if applicable.
7.3	For any cancellations made by the Lender within seventy two (72) hours of the rental start date, Sizters App reserves the right to publish a review noting the cancellation. In addition, Sizters App reserves the right to "pause" the Lender’s wardrobe due to inactivity or repeated incidents of declined or expired rentals.
7.4	In the event of a valid rental cancellation and subject to the sole discretion of Sizters App, the Lender shall be entitled to receive compensation for the partial Rental Period during which the Rented Item was rented, calculated on a pro-rata basis based on the agreed Rental Fees and the duration of the actual rental. Sizters App shall deduct any applicable cancellation fees or charges from the pro-rata compensation due to the Lender, in accordance with these T&Cs.
7.5	The pro-rata compensation, after deducting any applicable fees or charges, shall be processed and paid to the Lender in accordance with clause 4 of these T&Cs. In the event of damages or issues with the cancelled Rented Item, Sizters App reserves the right to withhold a portion or the entirety of the pro-rata compensation until the matter is resolved and any applicable charges or fees are deducted.
7.6	The Lender shall cooperate with Sizters App's inspection process and provide any necessary information or documentation related to the Product's condition upon request. The Lender shall promptly respond to any inquiries or requests from Sizters App regarding rental cancellations, returns or related matters.

8. Intellectual Property

8.1	The title and ownership of the Rented Item(s) shall remain with the Lender at all times during the Term and shall not transfer to Sizters App or the Renter.
8.2	Pursuant to clause 2.7, the Lender grants Sizters App an irrevocable, royalty-free and perpetual license to use any photographs and information provided by the Lender. This license allows Sizters App to upload, display, edit and disseminate the images and information on its website, social media platforms and other marketing channels, both digital and physical, solely for promotional purposes, without restriction in time or further condition. Such right shall continue in favour of Sizters App regardless of termination of these T&Cs. The Lender consents to this usage and shall not impose any limitations or restrictions on the use of such content nor attempt to claim any license fees or royalty. The Lender waives all potential claims against, and fully indemnifies Sizters App related to the use of the content under this clause 8, including related claims.
8.3	The Lender shall be fully and solely responsible for ensuring that any content, including text, images, videos and descriptions, uploaded to Sizters App does not infringe upon any third-party intellectual property rights, copyrights or other proprietary rights. This includes, but is not limited to, ensuring proper rights, licences or permissions for the use of content depicting individuals, brands or trademarks. The Lender represents and warrants that all content uploaded is their lawful property or that they have obtained necessary permissions for its use and hereby fully indemnifies Sizters App against any claims and all arising from such use.
8.4	The Lender shall indemnify, defend, and hold harmless Sizters App, its affiliates, officers, directors, employees and agents from and against any and all claims, demands, suits, actions, losses, damages, liabilities, costs and expenses (including legal fees) arising out of or relating to any actual or alleged infringement of copyrights, trademarks or other intellectual property rights of third parties resulting from the Lender's upload or use of images, content or materials on Sizters App.
8.5	This clause 8 shall survive termination of this Agreement. In the event of a breach of any provision of this clause 8 by the Lender, Sizters App shall be entitled to seek appropriate legal remedies as per clause 11, including but not limited to injunctive relief, specific performance and/or monetary damages.

9. Confidentiality

9.1	Sizters App may disclose confidential information to its representatives as necessary, solely for the purpose of facilitating transactions under these T&Cs, provided such representatives are also bound by confidentiality obligations. The Lender must not disclose any confidential information of Sizters App to any third party, including their own representatives, without Sizters App's prior written consent.
9.2	Sizters App shall not be required to share any personal data or information of the Renter with the Lender, except as may be necessary to resolve disputes between the Renter and the Lender as specified in clause 8.
9.3	The Lender shall maintain the confidentiality of any personal or sensitive information shared during interactions with Renters on the Platform. This includes but is not limited to personal contact details of the Renter(s), financial information, and any other communication exchanged between the Lender and the Renter(s) via the Platform.
9.4	The Lender shall not, whether directly or indirectly solicit or induce any customer, client, business partner, subcontractor, supplier or other business associate of Sizters App to terminate or adversely modify their relationship with Sizters App at any time while using the service and for a period of two years following the cessation of use of the service.
9.5	The obligations stipulated in this Clause 8 shall survive the cessation of use of these T&Cs by the Lender.
9.6	With regards to Managed Closets, the Parties agree that Sizters Appshall not be obligated to share the Renter’s personal data or information with the Lender during the Term or at any time after termination, except in case of a dispute between the Renter and Lender in accordance with the process specified in clauses 8 hereunder.
9.7	With regards to Peer to Peer Closets, Sizters App shall not be liable for any information shared between Renter and Lender.
9.8	This clause 9 shall survive termination of this Agreement.

7. Warranties

7.1 Each Party warrants to the other Party as follows:

(i) as at the Effective Date, the Party is fully capable to enter into this Agreement and perform the obligations hereunder;

(ii) all the information shared and disclosed to the other Party is true and an honest representation of facts at all times;

(iii) it shall not sub-contract, share, transfer, sell, adapt or otherwise deal, part with or dispose-off its interest in this Agreement or any part of it.

7.2 The Lender hereby warrants to Sizters App that he/she owns the title in the Products.

8. Indemnity and Limitation of Liability

8.1 The Lender hereby agrees and accepts to save, defend, indemnify and hold harmless Sizters App and its Representatives against all liabilities, demands, costs, expenses, claims, actions, proceedings (including all direct loss or punitive damage or loss, fines, penalties, interest and loss of profit, or any other form of economic loss) that may arise out of or in connection to default in obligations, or breach of warranties or representations by the Lender, or any claim, demand, action or other proceedings by any third-party, including but not limited to Customer with respect to Products.

8.2 Sizters App hereby agrees and accepts to save, defend, indemnify and hold harmless the Lender against direct loss, liability. demands, cost, expense, claim, action, proceedings that may arise out of or in connection to default in obligations agreed hereunder, or breach of warranties, incurred or suffered by the Lender as a result of material breach or gross negligence by Siz. In no event shall Sizters App be liable to the Lender for any contingent, indirect, incidental, consequential, extra contractual or exemplary or punitive damages, or for damages for lost sales or leads or profits regardless of whether the Lender has been advised of the possibility of such damages. The limitations above apply to all causes of action in the aggregate, whether in contract, tort (including negligence) or any other legal theory (including strict liability).

8.3 Notwithstanding any other provision hereunder, Siz’s total aggregate liability towards the Lender’s the total aggregate liability of Siz, its affiliates and representatives to the Lender for all claims arising out of or in connection with this Agreement, whether in contract, tort (including negligence), or otherwise, shall not exceed the agreed value of the disputed Product.

9. Complaints

9.1 The Lender shall directly contact the Customer to resolve any complaints, including but not limited to Customer complaints and any Lender complaints arising out of Siz’s Product inspection report. Subject to clause 5.3, Sizters App may provide details to the Lender for the purpose of complaint resolution.

9.2 Whilst Siz shall use reasonable measures to facilitate mediation between the Lender and Customer, Sizters App shall not be obligated or responsible to resolve any complaint or dispute between the Lender and Customer.

10. Termination and Effects of Termination

10.1 Either Party may terminate this Agreement by providing written notice of at least two (2) months to the other Party. Each Party shall continue to perform its obligations during the notice period.

10.2 Notwithstanding any other provision of the Agreement, this Agreement shall immediately terminate by written notice ifeither Party fails to comply with any material provision of this Agreement and refuses or materially delays to remedy such failure within seven (7) days of written notice.

10.3 Immediately after termination, each Party shall destroy the Confidential Information shared by the other Party, including but not limited to all physical and digital copies of the Confidential Information, immediately retract all Confidential Information in possession of the receiving Party’s Representatives, and delete all intangible information in a secure manner upon the disclosing Party’s request, after transferring a copy electronically to the disclosing Party. Neither Party shall use, share, rely on (in any manner) the disclosing Party’s Confidential Information except for its return or destruction under the terms of this Agreement. Any loss or damage to items intended to be returned under this clause shall have pecuniary liability, to which the receiving Party agrees and has no objection.

10.4 Termination of this Agreement shall not affect either Party’s accrued rights and remedies, including the right to claim damages caused due to any material, unremedied breach of Agreement that existed on or prior to the date of termination.

10.5 This clause 10 shall survive termination of the Agreement.

11. Governing law and jurisdiction.

This Agreement and any dispute or claim arising out of, or in connection with them, their subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with the laws of the United Arab Emirates. Any dispute arising out of or in connection with this Agreement including any question over its validity, construction or existence shall be exclusively settled by reference to the courts of Dubai.

12. Non Defmation

12.1 The Participant agrees to refrain during the term of the Agreement and at any time thereafter, in public or private, directly or indirectly, in any manner or through any medium whatsoever, from making any defamatory comments, writings, remarks or other expressions that would, or could be construed to defame or harm Sizters App or anyone or anything related to Sizters App , including but not limited to its mother companies, subsidiaries and affiliates and their respective shareholders, directors, suppliers, lenders, employees, agents, customers, business partners, operations, plans or any of the Sizters App releases. The Participant agrees that he/she will not disrupt Sizters App 's business in any manner.

12.2 This section does not in any way restrict or impede Sizters App from exercising its rights to the extent that such rights cannot be waived by agreement or from complying with any applicable law or regulation or a valid order of a court of competent jurisdiction or an authorized government agency, provided that such compliance does not exceed that required by the law. In the event where the Participant has conducted or conducts any act that harms Sizters App , Sizters App shall have the right to seek indemnification from the Participant and this indemnification will be considered as damages in the form of a penalty clause duly executed without the need for a court order or a notification to the Participant. The indemnification due will amount to 500 USD/day (five hundred dollars per day), and will continue to be due until the Participant puts a definitive end to the act causing the harmful conduct or defamation and issues a replacement and public apology deemed satisfactory by Sizters App . The aforementioned penalty was set by the mutual and prior approval of both parties, and shall not be subject to any reduction or modification whatsoever by any judicial or non-judicial authority.

13. General terms.

13.1 This Agreement constitutes the entire understanding between the Parties and supersedes all prior agreements and understandings, whether written or oral.

13.2 This Agreement may be modified by mutual written consent of the Parties.

13.3 The Lender shall not assign this Agreement to any third-party without prior written consent of Sizters App. Sizters App may assign this Agreement hereunder to a third-party by providing written notice to the Lender.

14. Amendement To Marketplace Terms

Sizters App reserves the right to amend these General Conditions from time to time. The Participant acknowledges that these General Conditions may be constantly and regularly revised by Sizters App as it deems fit, that the respective amendments will not be communicated by Sizters App to the Participant and that the latter’s consent on those amendments will not be sought. The Participant is invited to constantly review the portal to check if any amendments have been made to these General Conditions. The latest version uploaded on the portal shall always be the version in force and effect.

The Parties hereby acting by their duly authorized representatives agree to be bound by the terms of this Agreement

Last updated 25 March 2024