Terms and Conditions

for Access and Use of Smart Beach&Pool Services

PLEASE READ CAREFULLY! THIS DOCUMENT REPRESENTS THE LEGAL BINDING BETWEEN SMART

BEACH&POOL S.R.L. AND THE CUSTOMER. WE INVITE YOU TO READ THESE TERMS & CONDITIONS BEFORE

USING THE PROVIDED SERVICES. PLEASE, ALSO CHECK OUR PRIVACY POLICY THAT, MUTUALLY WITH THIS

LEGAL DOCUMENT, REPRESENT THE SET OF LEGAL CLAUSES APPLIED TO THE USE OF OUR APPLICATION

AND SERVICES.

By using the Services, you, as Customer, agree irrevocably with the present Terms & Conditions. In case

you do not agree with the clauses of the present document, please stop using the Services.

Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and

conditions relating to our application and the use of our application. Nothing in this disclaimer will:

- limit or exclude the Customer’s liability for misinterpretation of the information presented on the

application;

- limit any of the Customer’s liabilities in any way that is not permitted under applicable law;

General provisions

This application is owned and operated by Smart Beach&Pool S.R.L. with its headquarters in Constanța,

Str. Strada Constantin Brâncuși nr. 62, Jud Constanța, Trade Registry no. J13/156/2016, VAT code 3548655

(doing business as “Tabo”). Throughout the document, the terms “we”, “us”, “Tabo” and “our” refer to

the Company. Tabo offers this application, including all information, tools and services available from this

application to the Customer, conditioned upon the Customer’s acceptance of all the provisions stated

here.

By installing our application and/ or purchasing our services, you engage in our “Service” and agree to be

bound by the following Terms and Conditions (“Terms and Conditions”, “Terms”). These Terms and

Conditions apply to all users of the application.

Any new features or tools which are added to the current line of services shall also be subject to the Terms

and Conditions. You can review the most current version of the Terms and Conditions at any time within

the application. We reserve the right to update, change or replace any part of these Terms and Conditions

by posting updates and/or changes to our application. In case of updating these Terms and Conditions,

the Client will be notified of this situation upon their next reservation request, they will be invited to read

the new version of the document and will be asked to agree with it. If the Client does not agree with the

updated version of the document, they will not be able to make the reservation, and consequently they

will have the right to eventually close their account.

Definitions

Tabo – is the name of the application that is owned by Smart Beach & Pool S.R.L. with the identification

data above.

Provider – Tabo or any partner in the Tabo application.

Customer / User – any natural person over 16 years of age or a legal person registered on the Tabo

application, who, by completing the account creation process, adheres to this document.

Name – an alias by which a particular User / Customer can create a reservation in the Tabo application.

Account – the login page consisting of a telephone number and a password of at least 6 characters that

allow the Customer / User to create a reservation and which contains information about it. Account details

can be accessed on the PROFILE page inside the Tabo application. The user is responsible and will ensure

that all information entered when creating the Account is accurate and complete.

Application – platform for mobile devices that have an Android or iOS operating system.

Reservation – can be made for an unlimited period of time, taking in account the activity period and the

location’s schedule.

• Online paid reservation - will be created after choosing all the details for the desired reservation,

by pressing the PAY NOW button. If this is the first time the Customer pays for a reservation

through the Tabo app, we will request the email address to send the payment confirmation. After

completing the data on the card in the 3D SECURE section, the amount will be on hold until the

order is completed.

Reject of reservation – each location reserves the right to reject any reservation without any type of

explanation.

Location – any location listed in our application.

Content – represents:

• all information in the application that can be viewed, viewed or otherwise accessed using a

smartphone;

• any information communicated in the form of notifications by any means by the Tabo User

application, according to the contact information;

• data relating to the Location, or other privileged data thereof.

Review – a written evaluation by the Customer or the Beneficiary of an honored reservation, evaluation

drafted on the basis of his/her personal experience and ability to make qualitative comments. A Customer

may only once create a review for each location to which the reservation has been honored.

Rating – a way to express the degree of satisfaction of a Customer with respect to a Service / Reservation.

The rating is expressed in the form of stars, each Location being able to receive from one to five stars. This

degree of satisfaction will always be associated with the User / Customer written Review of a Service or

Reservation.

Communications - any type of message sent (such as: e-mail / SMS / telephone / mobile push / webpush

/ etc.) containing general and thematic information, information on certain events complementary to the

locations in the Tabo application, information with regarding offers or promotions, as well as other

commercial communications such as market research and opinion polls.

Transaction - payment / collection of an amount resulting from the provision of a service specific to the

Tabo application

1. INTRODUCTION

1.1. Contracting Parties

Smart Beach&Pool S.R.L. with its headquarters in Constanța, Str. Strada Constantin Brâncuși nr. 62, Jud

Constanța, Trade Registry no. J13/156/2016, VAT code 3548655 - as service provider,

and

"Customer" - any legal person who downloads and installs the application, and implicitly buys our services.

1.2. Representations

Authority and Capacity. The parties and their legal representatives guarantee that they have the authority

and capacity to enter into this agreement.

Enforceability. This agreement constitutes a legal, valid, and binding obligation, enforceable against the

parties according to its terms.

1.3. Purpose

The access to the services is for the purpose of making a Reservation on one of the partner locations

through the Tabo application. By requesting access to the Services and confirming the acceptance of the

Terms and Conditions, a legally binding agreement ("Contract") between Tabo and the Customer is

considered concluded. All services, as far as they are available at any given time through the application,

are subject to the conditions of this document.

2. THE RIGHT TO USE THE SERVICES

2.1. Sign-up Procedures and Fees

The Customer requests the opening of the account through the "Log in or Sign up" form, which can be

found in the application. In order to create the account, the Customer is required to provide a set of

information, including, without limitation: complete contact information, payment and billing sources,

and digital identification. The Customer also undertakes that during the validity of the contract it will

keep the Account Information updated, accurate and true.

Once the account is opened, the Customer is given access to the account, based on the phone number

as the username and password chosen by him, plus the email address for future invoices if an online

payment is made.

The Customer receives a limited, terminable, non-exclusive and non-transferable access right and uses

the Services in accordance with the terms of this document, exclusively for the purposes for which the

services are offered.

Following the opening of the account, the Customer can make Reservations through the application and

pay for them using credit card (if it’s the case), to be confirmed / denied by the location reception.

In exceptional cases, the location reserves the right to move the reservation from one place to another,

and the Customer will be notified for any kind of change.

2.2. Reservations. Conditions.

Making a reservation

To make a reservation:

• From the general list or by a specific search, click the desired location.

• Choose the date, desired hour for the reservation, seat type (if it’s the case), examine the details

of the reservation to make sure everything is correct.

• Add the payment information if they were not added with the account creation.

• Wait for the conformation from the location. Usually, the confirmation is done in less than 5

minutes.

If the request is accepted, the reservation has been made. If the location refuses the request or does not

respond within 24 hours, no fee will be charged.

Payment information

The payment information of the Customer is collected by the STRIPE payment processor when a

reservation request is sent, and the debit amount is blocked by the processor on the Customer's card.

After the location accepts the Customer's reservation request, the payment will be executed as follows.

In case of booking up to seven days in advance, we keep the payment in the hold for up to 24 hours

before check-in, then transferring it to the location.

If the Customer makes a reservation more than seven days in advance, a hold based on the value of the

reservation will be placed for a maximum of 7 days, after which the money will be transferred to the

location. If the reservation is canceled within more than 24 hours from the start of the reservation, the

money will be refunded to the client, if not, the client doesn’t receive any refund.

If the client has made a reservation which hasn’t been yet accepted by the location, the reservation can

be canceled and another reservation can be made with no additional costs.

Cancellation of reservation

The client irrevocably undertakes the following:

- The reservation can be canceled free of charge more than 24 hours before the effective date;

- If the reservation is canceled less than 24 hours before the effective date, no refund will be

made.

Payment options available worldwide

All major credit cards and prepaid credit cards (Visa, MasterCard, Amex, Discover, JCB), as well as any

other debit cards that can be processed for payment.

Payment options available for specific platforms or countries:

 Apple Pay for iOS application

 Google Pay for the Android app

 PayPal for certain countries

2.3. Online sales policy

Access to make a Reservation is allowed to any User of the Tabo application.

For justified reasons Tabo reserves the right to restrict the access of the User in order to make a

Reservation and / or to some of the accepted payment methods, if we consider that based on the

conduct or activity of the User in the Tabo application, his/her actions would or could have in any way

harmed the image and / or activity of any of the locations or if it received two consecutive negative

feedbacks from the locations. In any of these situations, the User can send an e-mail to the e-mail

address "contact@tabo.app", in order to be informed about the reasons that led to the application of

the above measures.

All rates presented in the application are expressed in the currency of the respective country and

include VAT.

All the information used to describe the elements available on the application (static / dynamic images /

facilities etc.) is not a contractual obligation on the part of the location, these being used exclusively for

presentation purposes.

2.4. Third-Party Applications or Content

Any Third-Party Application or Content used in association with our Services shall conform to the

present Terms and Conditions. We are not responsible for testing or screening any of the Third-Party

Applications or Content, and consequently, the Customer’s use of such content is at its sole risk. We

may, at our sole discretion, prohibit the use of certain Third-Party Applications or Content whenever we

consider it endangers the security of our systems.

2.5. The use of our services

The Customer commits to adhere to the terms of this Agreement. The Customer accepts the full

responsibility for all activities connected to other users and their compliance with the terms of the

Agreement. When the individual User accepts any Terms upon logging into the Service, or on a later

change of such terms, no Agreement is made between such individual user and Tabo. It is at all times

the Customer who is a party to this agreement with Tabo, and who has all rights and obligations set out

in such agreement.

Prohibited usage. Under all circumstances, the Customer is strictly prohibited from permitting, assisting

or enabling any individual from accessing or using the account. If the information in the Account is lost,

stolen or if there are suspicions of unauthorized access to the Account, the Customer can at any time

install the application on another telephone and reset the password through the SMS code procedure.

Notwithstanding any provision to the contrary, nothing in this document shall be construed, interpreted

or applied to impose responsibility or liability on us or our affiliates for any and all activities arising from

the authorized or unauthorized access of the account.

The following activities are prohibited and will result in immediate account suspension or cancellation of

the services without the possibility of a refund, but with the possibility for Tabo impose supplementary

fees and/or pursue civil remedies, in case of legal damages:

- Fostering or promotion of illegal, abusive, or irresponsible behavior;

- Providing false data on any contract or application: including fraudulent use of credit card

numbers;

- Any conduct that is likely to result in retaliation against the Tabo network or application,

including engaging in behavior that results in any server being the target of a DoS attack;

- Any attempt to probe, scan, penetrate or test the vulnerability of Tabo systems or networks, or

to breach the Tabo security or authentication measures, whether by passive or intrusive

techniques;

- Any other activities viewed as illegal or harmful by any jurisdiction;

The Customer accepts that Tabo may contact the Customer, through the app, and provide general

marketing information or other information about the services.

2.6. Requirements for use of the Services

The Customer will use our services, provided that he/she is of legal age with respect to its domestic

legislation and is not barred from receiving such services under any international law or jurisdiction.

Access our services is provided based on the Customer’s current identification data, contact data, and

any other information that is or might be required as part of the registration process. The Customer is

solely responsible for the content, the confidentiality of the account information and for all activities

that occur under its account. In case of any unauthorized use of the account or any other breach of

security the Customer will immediately notify Tabo.

Tabo will not be liable for any loss or damage as a result of the Customer’s failure to provide us with

accurate information or to keep the account secure.

3. REVIEWS AND QUALIFICATIONS

Posting of Reviews and Ratings can be done, by the Users / Customers, in the Review sections on the

RESERVATIONS page for the location where they have an active reservation.

You can view the reviews already existing in the location listings in the Search section and the

RESERVATIONS page (if there is a reservation made). A rating or Review can only be made after the

Customer / User has at least one reservation confirmed by the respective location. Positive or negative

reviews can be made, and ratings can be from 1 to 5 stars.

In addition to a realistic critical assessment, when submitting a Review, the User / Client will also add a

relevant Rating for the respective location. The reviews, together with their corresponding ratings, will

influence the overall rating of the location.

In case the location finds a violation of the Terms and Conditions, it reserves the right to suspend the

possibility of the User / Client to make a reservation on this location again.

4. RESPONSIBILITY FOR QUALITY OF SERVICE, AVAILABILITY, AND SUPPORT

4.1. Quality of Service

Tabo warrants that the Services will perform substantially and guarantees an annual mean 95%-

availability of the physical connection of webspace packages, dedicated, collocated and virtual servers.

Exempted hereof are periods of time in which the servers are not reachable over the internet due to

technical or other problems which do not lie within our sphere of influence (force majeure, faults of

third parties or of the Customer). The Services will be subject to permanent improvement.

If the Services does not function as described in applicable documentation of Services, Tabo will correct

verified errors in the services at Tabo’s own expense. Tabo may choose to replace the Services or

functionality therein instead of performing a correction. If Tabo does not solve the verified errors

according to the time-limits set out together with the description of the Services in question or does not

replace the Service within a reasonable time, the Customer may cancel their subscription in accordance

with the terms of this document. The Customer may not set forth any other claims due to defects or

errors in the Services.

4.2. Service Level Agreement (SLA) targets, penalties

Tabo’s Service availability targets, SLA penalties, and fixed maintenance periods are set out together

with the description of the Services in question.

Tabo may, from time to time, require maintenance periods, for example for major upgrades. Such

maintenance periods will generally take place over weekends or overnight and we will do our best not

to affect the services we offer.

4.3. Notification of errors

If the Customer experiences that the Services in whole or in part are unavailable, or have reduced

performance, the Customer shall report the error via email to contact@tabo.app. In order to ensure that

Tabo gets the necessary information to identify and correct the error, the Customer shall, together with

the notification of error, provide accurate information about the error, including a description of how

the error occurred, how many Users are affected, and which dataflows and/or systems are affected, or

assist Tabo with gathering such information.

5. SECURITY

5.1. Rights to data

The Customer retains all rights to all the data which the Customer stores or transfers in connection with

the use of the Services.

Statistical data regarding the order history as well as anonymized data could be kept, according to the

5.2. Confidentiality

Customer’s privacy is important to Tabo and we will abide by our Privacy Policy. Tabo reserves the right

to modify their Privacy Policy from time to time.

6. SPECIAL DISCLAIMER

THE TABO SERVICES ARE PROVIDED "AS IS." TABO MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH

REGARD TO THE SERVICES PROVIDED. WE DO NOT WARRANT THAT THEY WILL OPERATE

UNINTERRUPTED, WITHOUT ERROR OR NO RISK. ALSO, WE DO NOT WARRANT THAT THE ELEMENTS OF

CONTENT, INCLUDING YOUR CUSTOMER DATA, WILL BE SAFE, AND CANNOT BE HACKED OR LOST.

7. LIABILITY, LIMITATION OF LIABILITY ETC.

7.1. Limitation of liability

Tabo is not responsible for payment of damages to the Customer as a consequence of the breach of any

of the obligations arising from this document. The Customer could invoke, in extremely limited cases,

direct financial losses, for example the damages caused by serious negligence or intent, context in which

Tabo will contextually analyze the situation and decide if it has any real guilt regarding the situation

invoked.

7.2. Force majeure

If the use and execution of the Services are wholly or partly prevented or materially impeded by

circumstances beyond the parties’ control, both parties’ obligations are suspended for as long as the

circumstances are relevant and as long as these circumstances last. Each party may, however, in

accordance with section 10 of this Agreement, terminate the Agreement if the force majeure makes it

particularly burdensome for that party to continue the Agreement.

In the event that law, rules or regulations applicable to the use or delivery of the Services is changed or

new rules or regulations are adopted after the Services have been made available on the market and

this prevents Tabo from fulfilling the Customer’s instructions regarding processing of personal data or

other obligations in this Agreement, and/or this requires full or partial termination of access to the

Services for a limited or indefinite period of time, this shall be considered as a force majeure

circumstance. Tabo is not in any way responsible for any such or other force majeure circumstance.

7.3. Circumstances for which Tabo not, in any event, is responsible

Even though Tabo will use appropriate care to ensure secure transmission of information between the

Customer and the Services, the Customer recognizes that the Internet is an open system and that Tabo

cannot warrant that a third party cannot or will not intercept or alter data during the transmission. Tabo

takes no responsibility for such unauthorized access to, use or alternation or publication or loss of data.

Neither is Tabo responsible for lack of availability of the Services when this is directly or indirectly

caused by the Customer or by circumstances for which the Customer is responsible.

8. CANCELLATION AND SUSPENSION

The client can close the user account using the specific tool in the account. Closing the account will take

effect immediately. Also, Tabo reserves the right to suspend the account without any prior notification,

in which case if the customer tries to log in the account will be notified that he no longer has this right

and the reasons for the suspension will be notified.

9. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS

The content, as defined in the preamble, including but not limited to logos, stylized representations,

commercial symbols, static images, dynamic images, text and / or multimedia content presented in the

application, are the exclusive property of Tabo,, its being empowered by all the rights obtained in this

regard directly or indirectly from each Location in a part by a contract signed between the parties.

The Client / User is not allowed to copy, distribute, publish, transfer to third parties, modify and / or

otherwise alter, use, link to, display, include any Content in any context other than the original one

intended by Tabo, removing the marks that signifies the copyright of Tabo on the Content as well as

participation in the transfer, sale, distribution of materials made by reproduction, modification or

display of the Content, except with the express written consent of Tabo.

No Content transmitted to the Customer, User, by any means of communication (electronic, telephone,

etc.) or acquired by him through access, visit and / or visualization is a contractual obligation on the part

of Tabo and / or the location that mediated the transfer. Content, if any, in relation to that content.

Any use of the Content for purposes other than those expressly permitted herein is prohibited.

10. GOVERNING LAW

This Agreement is governed by and construed in accordance with all the applicable international laws.

Exclusive jurisdiction and venue for any action arising under this Agreement are in the Courts of Justice

from the headquarters of Tabo, and both parties hereby consent to such jurisdiction and venue for this

purpose.

Any dispute or disagreement between the parties will be resolved through negotiations.

In any action or proceeding to enforce or interpret this Agreement, the prevailing party will be entitled

to recover from the other party its costs and expenses (including reasonable attorneys' fees) incurred in

connection with such action or proceeding and enforcing any judgment or order obtained.

11. VALIDITY

This Agreement shall govern all communications between the Parties.

12. REMEDIES

Due to the relatively new and unique nature of the Proprietary Information (Trade Secret), Customer

agrees that any breach or threatened breach of this Agreement will cause not only financial harm to

Tabo but also irreparable harm for which money damages will not be an adequate remedy. Therefore,

Tabo shall be entitled, in addition to any other legal or equitable remedies, to an injunction or similar

equitable relief against any such breach or threatened breach without the necessity of posting any

bond.

13. ENTIRE AGREEMENT

This Agreement together with the Terms and Conditions and the Privacy Policy constitute the entire

agreement between the parties concerning the contractual relationship.

No change, consent or waiver to this Agreement will be effective unless in writing and signed by the

party against which enforcement is sought. The failure of Tabo to enforce its rights under this

Agreement at any time for any period shall not be construed as a waiver of such rights. Unless expressly

provided otherwise, each right and remedy in this Agreement is in addition to any other right or remedy,

at law or in equity, and the exercise of one right or remedy will not be deemed a waiver of any other

right or remedy.

14. ACKNOWLEDGMENT OF TERMS

The Customer acknowledges that they:

(a) have read this agreement prior to signing up for the corporate account;

(b) understand the terms of this agreement;

IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date of the signup.