These Terms of Service (the "Terms") are a binding agreement between you and NobleNest Development LLC, doing business as "SHRK" ("SHRK," "we," "us," or "our"). They govern your access to and use of shrkapp.com, SHRK applications, workspaces, submission portals, data rooms, sharing pages, messaging and collaboration features, and all related services (collectively, the "Service").
By creating an account, accepting an order form, clicking to accept these Terms, purchasing a subscription, or accessing or using the Service, you agree to these Terms and the Privacy Policy. If you use the Service for an organization, you represent that you have authority to bind that organization, and "you" includes that organization. If you do not agree, do not use the Service.
1. Eligibility and authority
You must be at least 18 years old and legally capable of entering a binding contract. The Service is intended for business and professional use, not for children or consumer entertainment. You may not use the Service if you are barred from doing so under applicable law, sanctions, export controls, or these Terms.
If your organization has a separate written order form, enterprise agreement, data processing addendum, or other agreement with SHRK, that agreement controls to the extent of a direct conflict with these Terms.
2. The Service
SHRK provides software tools for organizing, managing, evaluating, sharing, and collaborating around private-market opportunities, relationships, contacts, mandates, tasks, documents, pipelines, portfolios, submissions, communications, and transaction-related workflows. Features may include internal and external sharing, analytics concerning engagement with shared materials, and administrative assistance requested by a customer.
SHRK may add, change, suspend, or discontinue features. We will use commercially reasonable efforts to provide notice of a material reduction to paid core functionality when practicable. The Service may include beta, preview, experimental, or early-access features, which may be changed or discontinued at any time and are provided without service-level commitments unless expressly agreed in writing.
3. SHRK is a software provider, not a transaction intermediary
SHRK is a workflow and collaboration technology provider. Unless SHRK expressly enters into a separate written agreement stating otherwise, SHRK does not act as a broker-dealer, funding portal, investment adviser, placement agent, finder, exchange, alternative trading system, bank, lender, escrow agent, transfer agent, custodian, fiduciary, law firm, accounting firm, valuation provider, or transaction counterparty.
SHRK does not offer, recommend, endorse, solicit, arrange, negotiate, execute, clear, settle, custody, verify, underwrite, or guarantee any security, investment, financing, acquisition, sale, or other transaction. Listing, storing, sharing, matching, sorting, or displaying information does not constitute investment advice, an offer to sell, a solicitation to buy, or a recommendation. Any transaction is solely between the relevant users and third parties outside SHRK unless a separate written agreement says otherwise.
You are solely responsible for determining whether your activities require licenses, registrations, filings, disclosures, investor qualification, suitability analysis, accreditation verification, anti-money-laundering procedures, sanctions screening, or other regulatory steps. You must obtain your own legal, tax, accounting, investment, and compliance advice.
4. Accounts and workspace administration
You must provide accurate, current, and complete account information and keep it updated. You are responsible for safeguarding login credentials, devices, API keys, and authentication methods; restricting access to authorized personnel; and all activity under your account, except to the extent caused by SHRK's breach of these Terms.
Workspace owners and administrators may invite, remove, suspend, configure, export, or otherwise manage users and Customer Content within their workspace. If you join an organization-controlled workspace, the organization may access, control, retain, export, or delete information associated with that workspace. SHRK may rely on instructions from the workspace owner or designated administrator.
Notify us promptly at contact@noblenest.dev of suspected unauthorized access, credential compromise, or other account-security incident. Do not share accounts between individuals unless the applicable plan expressly allows it.
5. Customer Content and data rights
"Customer Content" means information, documents, files, messages, comments, contacts, deal details, mandates, financial information, investor or buyer information, submissions, images, logos, and other materials that you or your authorized users upload, enter, import, transmit, share, or generate through the Service. As between you and SHRK, you retain ownership of Customer Content.
You grant SHRK and its subprocessors a nonexclusive, worldwide, limited license to host, copy, transmit, display, format, back up, secure, index, and otherwise process Customer Content only as reasonably necessary to provide, maintain, support, secure, and improve the Service; comply with law; enforce these Terms; and carry out your documented instructions. This license ends when the Customer Content is deleted from active systems, subject to backup, legal, fraud-prevention, and security retention.
You represent and warrant that you have all rights, notices, consents, permissions, and lawful bases needed to provide Customer Content to SHRK and to instruct SHRK to process, share, or make it available to other users or recipients. You are responsible for the legality, accuracy, quality, integrity, and appropriateness of Customer Content.
Do not upload highly sensitive regulated data unless SHRK has expressly agreed in writing to support it. This includes protected health information, full payment-card data, bank-account credentials, government identification numbers, authentication secrets, biometric identifiers, information subject to export restrictions, or material whose disclosure could create disproportionate harm.
6. Contacts, invitations, submissions, and shared deal pages
If you upload contact information, invite another person, send a submission request, or share a deal page, you represent that you have a lawful basis to do so and will comply with privacy, anti-spam, telemarketing, securities, confidentiality, and other applicable laws. You must not use SHRK to send unsolicited bulk communications or to scrape, enrich, or exploit personal information unlawfully.
External recipients may view information you choose to share without becoming full SHRK users. You control the recipients, permissions, expiration settings, download permissions, and materials you share. Access controls reduce risk but cannot prevent an authorized recipient from taking screenshots, downloading permitted materials, forwarding information, or otherwise misusing it. You must use appropriate judgment and confidentiality agreements.
7. Administrative assistance
At your request, authorized SHRK personnel may assist with account setup, workspace configuration, contact or deal organization, imports, troubleshooting, and other administrative tasks. You authorize the access reasonably necessary to perform that work. SHRK personnel will act on your instructions and are not responsible for the underlying accuracy, legality, investment merits, or business consequences of the data or instructions you provide.
8. Acceptable use
You may use the Service only for lawful business purposes and in accordance with these Terms. You must not, and must not permit anyone else to:
- Violate any law, regulation, sanctions program, contractual obligation, intellectual-property right, privacy right, publicity right, fiduciary duty, or confidentiality obligation.
- Use the Service to conduct an unlawful securities offering, unlawful general solicitation, market manipulation, insider trading, fraud, money laundering, deceptive practice, or unlicensed regulated activity.
- Upload false, misleading, defamatory, infringing, malicious, or unlawfully obtained content.
- Probe, scan, test, circumvent, disable, or interfere with security, access controls, rate limits, authentication, availability, or integrity of the Service.
- Introduce malware, ransomware, spyware, harmful code, or automated traffic that materially burdens the Service.
- Reverse engineer, decompile, disassemble, copy, frame, mirror, resell, sublicense, or create derivative works from the Service except as law expressly permits.
- Access the Service to build or benchmark a competing product, or extract data at scale using bots, crawlers, scrapers, or unauthorized APIs.
- Impersonate another person, misrepresent affiliation or authority, share credentials, or bypass plan limits.
- Send spam, harassment, threats, discriminatory content, or unsolicited commercial communications.
- Use the Service in a way that could expose SHRK, another user, or any third party to material legal, regulatory, reputational, or security risk.
We may investigate suspected violations and remove or restrict content or access when reasonably necessary to protect the Service, users, third parties, or SHRK. We are not obligated to monitor all content and do not assume responsibility for user conduct.
9. Confidentiality
"Confidential Information" means nonpublic information disclosed by one party to the other that is marked confidential or reasonably should be understood as confidential, including Customer Content, product plans, security information, pricing, business plans, deal information, and transaction materials. It excludes information that the recipient can document: (a) is publicly available without breach; (b) was lawfully known without restriction; (c) was received lawfully from a third party without confidentiality duty; or (d) was independently developed without use of the discloser's Confidential Information.
The recipient will use Confidential Information only to perform or receive the Service, protect it with at least reasonable care, and disclose it only to personnel and service providers who need to know it and are bound by appropriate confidentiality obligations. The recipient may disclose information when legally required after giving notice when legally permitted. These obligations do not replace or expand confidentiality obligations among users or deal participants.
10. Fees, billing, taxes, and Stripe
Paid plans, usage fees, add-ons, and other charges are described at checkout, on an order form, or in the Service. Unless otherwise stated, fees are charged in U.S. dollars and are non-refundable except as expressly stated in these Terms, an order form, or required by law. You authorize SHRK and its payment processor to charge your selected payment method for all amounts due.
Payments may be processed by Stripe or another third-party payment processor. SHRK does not receive or store complete payment-card numbers when payment is handled through a hosted processor. Your payment information is also governed by the processor's terms and privacy notice. SHRK is not responsible for processor outages or acts outside SHRK's reasonable control.
You are responsible for taxes, duties, levies, and similar governmental assessments associated with your purchase, excluding taxes based on SHRK's net income. If withholding is required, you will pay the amount necessary so SHRK receives the amount invoiced, unless prohibited by law. Overdue undisputed amounts may result in suspension after reasonable notice.
Monthly plan fees are refundable when you submit a refund request within 14 days after the applicable charge. Annual plan fees are refundable when you submit a refund request within 30 days after the applicable charge. After the applicable refund period ends, fees are non-refundable except where required by law or expressly stated in an order form. Submit refund requests to contact@noblenest.dev.
11. Subscription term, automatic renewal, and cancellation
A subscription begins on the date shown at checkout or on the applicable order form and continues for the selected monthly or annual billing period.
Unless you cancel before the end of the current billing period, your subscription automatically renews for successive periods of the same length, and you authorize SHRK to charge the then-current fees and applicable taxes.
You may cancel through the account billing settings or by contacting contact@noblenest.dev. Cancellation stops future renewal and takes effect at the end of the then-current paid period unless law or an order form requires otherwise. Deleting the app, leaving a workspace, or ceasing use does not by itself cancel a paid subscription. SHRK will disclose price changes before the next renewal as required by law.
12. Intellectual property
SHRK and its licensors own the Service, software, interfaces, designs, workflows, documentation, trademarks, logos, and all related intellectual-property rights, excluding Customer Content. Subject to your compliance and payment of applicable fees, SHRK grants you a limited, nonexclusive, nontransferable, nonsublicensable, revocable right to access and use the Service during the applicable term for your internal business purposes.
If you provide suggestions, ideas, feedback, or feature requests, you grant SHRK a perpetual, irrevocable, worldwide, royalty-free right to use and incorporate them without restriction or compensation, provided SHRK does not publicly identify you as the source without permission.
13. Third-party services and links
The Service may interoperate with third-party products, storage providers, authentication services, communications tools, analytics tools, payment processors, or links. Your use of third-party services is governed by their terms and privacy practices. SHRK is not responsible for third-party services, content, availability, security, or changes. You authorize SHRK to exchange data with a third-party service when you enable or direct an integration.
14. Security and availability
SHRK will maintain commercially reasonable administrative, technical, and organizational safeguards appropriate to the nature of the Service. No service or transmission method is completely secure or uninterrupted. You are responsible for configuring permissions, limiting sensitive data, maintaining backups or exports appropriate to your needs, securing endpoints, and promptly removing former personnel.
Unless a separate service-level agreement applies, the Service is provided without guaranteed uptime, recovery time, support response time, or error-free operation. Planned maintenance, emergencies, third-party failures, internet conditions, and events beyond reasonable control may affect availability.
15. Suspension and termination
You may stop using the Service at any time and may cancel as described above. SHRK may suspend or terminate access if you materially breach these Terms, fail to pay undisputed fees, create a security or legal risk, use the Service unlawfully, or if required by law. When practicable, we will provide notice and a reasonable opportunity to cure a curable breach.
Upon termination, your right to use the Service ends. Subject to plan capabilities, legal restrictions, security concerns, and outstanding payment obligations, SHRK may provide a reasonable period to export Customer Content. SHRK may then delete Customer Content according to its retention practices. Sections that by their nature should survive will survive, including payment obligations, ownership, confidentiality, disclaimers, indemnification, liability limits, dispute terms, and general provisions.
16. Disclaimers
To the maximum extent permitted by law, the Service is provided "as is" and "as available." SHRK disclaims all express, implied, and statutory warranties, including merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, and warranties arising from course of dealing or usage of trade.
SHRK does not warrant that the Service or any user, contact, deal, document, financial figure, mandate, buyer, seller, investor, issuer, adviser, or other information is accurate, complete, current, authentic, compliant, creditworthy, suitable, or free of fraud. SHRK does not guarantee access to capital, investment performance, deal completion, confidentiality by recipients, or any business outcome. You rely on information and interact with other parties at your own risk.
17. Indemnification
To the maximum extent permitted by law, you will defend, indemnify, and hold harmless SHRK, its affiliates, and their officers, directors, employees, contractors, and agents from claims, damages, losses, liabilities, judgments, penalties, costs, and reasonable attorneys' fees arising from or relating to: (a) your Customer Content; (b) your use or misuse of the Service; (c) your transactions or communications with users or third parties; (d) your violation of law, these Terms, or third-party rights; or (e) allegations that your Customer Content or instructions infringe, misappropriate, or violate rights. SHRK will provide prompt notice and reasonable cooperation, and you may not settle a claim in a way that admits fault by or imposes obligations on SHRK without written consent.
18. Limitation of liability
To the maximum extent permitted by law, SHRK and its affiliates, licensors, and service providers will not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages; lost profits, revenue, business, opportunity, goodwill, or anticipated savings; loss, corruption, or unauthorized disclosure of data; business interruption; cost of substitute services; or losses arising from a transaction, even if advised of the possibility.
To the maximum extent permitted by law, the total aggregate liability of SHRK and its affiliates for all claims arising out of or relating to the Service or these Terms will not exceed the greater of (a) the fees you paid to SHRK for the Service during the twelve months before the event giving rise to liability or (b) US$100. The limitations apply regardless of the theory of liability and even if a remedy fails of its essential purpose. Some jurisdictions do not allow certain limitations, so they apply only to the extent permitted.
19. Governing law and disputes
These Terms are governed by the laws of the State of Washington, without regard to conflict-of-law principles. Any lawsuit or proceeding arising from or relating to these Terms or the Service must be brought exclusively in the state courts located in Clark County, Washington, or the United States District Court for the Western District of Washington, Tacoma Division. Each party consents to personal jurisdiction and venue in those courts and, to the extent permitted by law, waives any objection that the forum is inconvenient. Before filing a claim, each party will give written notice describing the dispute and allow at least 30 days for good-faith informal resolution. Nothing prevents either party from seeking temporary or injunctive relief to protect security, confidentiality, or intellectual-property rights.
20. Changes to these Terms
We may update these Terms. We will post the revised version and update the effective date. If a change materially reduces your rights or increases your obligations, we will provide additional notice when required by law. Changes apply prospectively. Continued use after the effective date constitutes acceptance; if you do not agree, you must stop using the Service and cancel before the change takes effect.
21. General terms
Neither party is liable for delay or failure caused by events beyond reasonable control, except payment obligations. You may not assign these Terms without SHRK's written consent; SHRK may assign them in connection with a merger, acquisition, financing, reorganization, sale of assets, or by operation of law. The parties are independent contractors. No agency, partnership, joint venture, employment, fiduciary, or franchise relationship is created.
Notices to SHRK must be sent to contact@noblenest.dev and NobleNest Development LLC, DBA SHRK, 9715 N Alder St, Camas WA 98607. Electronic notices and records satisfy written-notice requirements to the extent permitted by law. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will remain effective. Waiver must be in writing. Headings are for convenience. These Terms, the Privacy Policy, applicable order forms, and incorporated documents are the entire agreement concerning the Service and supersede prior discussions on that subject.